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

Vol. 155 WASHINGTON, THURSDAY, NOVEMBER 5, 2009 No. 164 House of Representatives The House met at 10 a.m. and was Mr. FLEMING led the Pledge of Alle- a time to reap? What fruit will be called to order by the Speaker pro tem- giance as follows: borne from a tree that has received no pore (Mr. PASTOR of Arizona). I pledge allegiance to the Flag of the light and no water in this Capitol? f United States of America, and to the Repub- f lic for which it stands, one nation under God, DESIGNATION OF THE SPEAKER indivisible, with liberty and justice for all. ILLEGALS AND THE HEALTH CARE BILL PRO TEMPORE f The SPEAKER pro tempore laid be- ANNOUNCEMENT BY THE SPEAKER (Mr. POE of Texas asked and was fore the House the following commu- PRO TEMPORE given permission to address the House nication from the Speaker: for 1 minute.) WASHINGTON, DC, The SPEAKER pro tempore. The Mr. POE of Texas. Mr. Speaker, the November 5, 2009. Chair will entertain up to 10 requests $1 trillion government will take care of I hereby appoint the Honorable ED PASTOR for 1-minute speeches on each side of us all health care bill will allow to act as Speaker pro tempore on this day. the aisle. illegals to get benefits. Every year, 10 NANCY PELOSI, f million illegals use fake or stolen So- Speaker of the House of Representatives. cial Security cards to work here. The IS THIS A TIME TO PLANT OR A f Government Accountability Office re- TIME TO REAP PRAYER ports over a 15-year period, 9 million (Mr. KUCINICH asked and was given people even used the same Social Secu- The Chaplain, the Reverend Daniel P. permission to address the House for 1 rity number. It was 000–00–0000. How is Coughlin, offered the following prayer: minute.) that for policing the system? I will sing forever of Your love, O Mr. KUCINICH. Mr. Speaker, the This is the same inept, goofy pro- Lord; throughout the years I will pro- Book of Ecclesiastes says, To every- gram that will be used to monitor citi- claim Your truth. thing there is a season, and a time to zenship under the health care bill. No The starry heavens are Yours. The every purpose under heaven, a time to one has to even show a valid photo ID whole world is Yours. You established plant, a time to reap. to sign up. Can’t do that, it might hurt the earth and all it holds together. You Many years ago, people in States someone’s feelings. There is no real en- created the north and the south, the across America planted the seeds of forcement to prevent illegals from re- boundaries of the land. single payer health care. Those seeds ceiving health care that citizens and In You we find power and strength. have sprouted and borne fruit where legal immigrants must pay for; all they Your justice becomes the foundation of powerful State citizens’ movements need is a name and fake Social Secu- all lawmaking. You help us keep all exist to create not-for-profit health rity number. Isn’t that lovely. things in order. care. This led to passage of an amend- Once again, Americans will continue We will find love and truth in Your ment to the health care bill which pro- to pay for illegals who disrespect the presence, now and forever. Amen. tected the rights of States to pursue law. So now Americans and illegals f single payer. Unfortunately, that will stand in line side by side together amendment was taken out of the bill for that expensive rationed health care. THE JOURNAL and we must try to get it into the con- And that’s just the way it is. The SPEAKER pro tempore. The ference report. f Chair has examined the Journal of the While the State health care move- last day’s proceedings and announces ment is strong, the national single HEALTH CARE to the House his approval thereof. payer movement is still growing. It has (Mr. PASCRELL asked and was given Pursuant to clause 1, rule I, the Jour- resulted in the Conyers bill, H.R. 676, permission to address the House for 1 nal stands approved. Medicare for All. The bill has 87 co- minute.) f sponsors, a significant number, but no- Mr. PASCRELL. Mr. Speaker, after where near enough to bring the bill to months of fire and fury and endless PLEDGE OF ALLEGIANCE the floor where it would face certain rhetoric, after months of staged pro- The SPEAKER pro tempore. Will the defeat. tests and shouting down honest debate gentleman from Louisiana (Mr. FLEM- To those who want a stand-alone about health reform, after months and ING) come forward and lead the House vote on single payer now, I want to ask months of promising a real plan for the in the Pledge of Allegiance. this question: Is this a time to plant or reform we all agreed we need, I stand

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

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VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12368 CONGRESSIONAL RECORD — HOUSE November 5, 2009 before this Congress literally as- lenges is strengthening Medicare for duct operations such as raids, check- tounded by the health reform plan of- our Nation’s seniors. Our health care points, and personal searches for weap- fered by the loyal opposition. reform effort renews our commitment ons and explosives. She also served as a After all this time, this is the best to the health and security of American medic and a retention NCO during her you could produce? It seems that you seniors by ensuring the long-term fis- 8-year stint. have backtracked. Now you don’t be- cal health of Medicare and improving As a member of Team Lioness, she lieve in health reform. Instead, the Re- the quality of care that seniors receive. was featured in a documentary film en- publicans have embraced a plan that The House bill adds valuable new bene- titled Lioness, and in a chapter of will drive up the cost of health insur- fits for seniors and improves access to Kirsten Holmstedt’s book, The Girls ance for the sickest and most vulner- primary care. Come Marching Home. Michelle holds a able, a plan that will start a race to Seniors now pay up to 20 percent of bachelor of science degree in political the bottom where insurers drop the the cost of preventive services like science and speaks Arabic and six other sick and flock to States with the weak- mammograms and colonoscopies and languages. est regulations. Yes, that’s exactly vaccines. As of January 1, 2011, seniors Having personal understanding of the what I said. will no longer have to pay any copay difficulties facing soldiers returning A plan that bails out the insurance for preventive services. This is a major from war, she was chosen as program companies, relieving them of any re- win for America’s seniors. director of the Northeast Veteran sponsibility to cover the individuals Health care reform also sets us on a Training and Rehab Center in Gardner, that need insurance the most. You are path to close the coverage gap in Medi- Massachusetts. The center specializes going backwards instead of forwards. care part D, known as the doughnut in treating veterans who suffer from I must admit that I congratulate hole. In 2011, Medicare will pay $50 post-traumatic stress disorder. On behalf of the people of the North- them for somehow turning the status more for seniors to get drugs, and they ern Mariana Islands, I want to con- quo into 230 pages of legislative text. I will receive a 50 percent discount on gratulate Sergeant Michelle Wilmot, contend there is only one real reform brand name drugs. Health care is good winner of the Massachusetts 2009 Out- plan, and we will be voting on it in a for our seniors. Health care is good for standing Woman Veteran Award. few days. America. Now is the time to act. f f f HEALTH CARE ANNOUNCEMENT BY THE SPEAKER ENROLL CONGRESS IN PUBLIC (Mr. PENCE asked and was given per- PRO TEMPORE OPTION mission to address the House for 1 (Mr. FLEMING asked and was given The SPEAKER pro tempore. The minute and to revise and extend his re- permission to address the House for 1 Chair would remind Members to ad- marks.) dress their remarks to the Chair, not minute.) Mr. PENCE. Mr. Speaker, across the to others in the second person. Mr. FLEMING. Mr. Speaker, in July, country, the American people have I offered House Resolution 615, which f been calling for months for Washington urged my colleagues who vote for a to pass responsible reform that will HEALTH CARE government-run health care plan to lower the cost of health insurance to lead by example and enroll themselves (Mr. BROUN of Georgia asked and small business owners, working fami- in the same public plan. The resolution lies, and family farms. was given permission to address the has 96 Republican cosponsors and House for 1 minute and to revise and Yesterday, House Republicans an- prompted almost 2 million Americans swered that call by putting forward extend his remarks.) from across the country to contact my Mr. BROUN of Georgia. Mr. Speaker, commonsense legislation that will re- office in support of this. duce the deficit, lower health insurance God tells us in Hosea 4:6, My people are Yesterday, I and several of my col- destroyed for lack of knowledge. premiums, and ensure coverage for leagues offered an amendment to the those with preexisting conditions. You Mr. Speaker, the American citizens Pelosi health care bill that, if passed, need to know that the Pelosi health can read all about it by going on will automatically enroll all Members www.healthcare.gop.gov. mandate bill that we are going to be of Congress and all Senators in this voting on evidently Saturday night is As a result of the House Republican public option. This amendment is a di- bill, the nonpartisan Congressional going to destroy our economy. It is rect response to the outcry of millions going to destroy jobs. In fact, the Budget Office now confirms, families of Americans who have contacted me. will see their health insurance pre- President’s own economic adviser says Members of Congress are exempt 5.5 million people will lose their jobs if miums reduced by up to 10 percent, and from this government takeover of hardworking taxpayers can expect defi- this bill becomes law. health care, and I believe that if a law Mr. Speaker, the American people cits to decrease by $68 billion over the is good enough for the American peo- next decade. need to read the bill and need to know ple, then it should be good enough for what is in it. It is being forced down The Pelosi health care plan: more the elected officials that represent government, more spending, more defi- the throats of the American people. them. Mr. Speaker, this is a dead, rotten, cits. The Republican plan: less govern- Tonight I will host a Webcast at 7 ment, lower deficits, and lower health stinking fish that the Speaker is trying p.m. Eastern Standard Time, and I to force down the throats of the Amer- insurance premiums. urge anyone watching to join me That’s your choice, America. Let ican people before they have an oppor- through my Web site, flem- your voice be heard. tunity to see it. I encourage the Amer- ing.house.gov, to talk more about it. ican people to know what is going on f f here and to tell their Congressman HEALTH CARE REFORM FOR that they reject the insurance mandate CONGRATULATING MICHELLE WOMEN that is proposed by the Speaker in the WILMOT (Ms. HIRONO asked and was given Speaker’s health insurance mandate (Mr. SABLAN asked and was given permission to address the House for 1 bill. permission to address the House for 1 minute.) f minute.) Ms. HIRONO. Mr. Speaker, few Amer- Mr. SABLAN. Mr. Speaker, I rise icans have more at risk or at stake in HEALTH CARE REFORM today to congratulate a Chamorro sol- health care reform than women. Forty (Ms. SCHWARTZ asked and was dier, Michelle Wilmot, for receiving the States allow private health insurance given permission to address the House 2009 Outstanding Woman Veteran companies to gender rate their pre- for 1 minute.) Award. miums. As a result, a 25-year-old Ms. SCHWARTZ. Mr. Speaker, cen- Michelle was a member of Team Li- woman may pay between 6 percent and tral to finding a uniquely American so- oness, the first female Army team at- 45 percent more than a 25-year-old man lution to America’s health care chal- tached to Marine infantry units to con- for the same coverage.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12369 Fifty-two percent of women reported safe haven for insurance company access to the best health care in the postponing or foregoing medical care abuses. world, but a health care system that because of cost. Only 39 percent of men Insurance companies will be able to also shuts the door of access to 47 mil- report having had those experiences. offer national plans—that’s their big lion Americans with exploding costs, Nine States allow private plans to thing, yes—but they can choose any putting a punishing financial burden refuse coverage for domestic violence State in the 50 in which to base that on our middle class and on our busi- survivors. plan. And no matter where you live and nesses that are hanging on to their Eighty-eight percent of private insur- no matter what the laws are of your health care by their fingernails. ance plans do not cover comprehensive State, if you’ve got a problem—if This system has worked very well for maternity care. In many policies, a they’ve denied you coverage, if they re- the insurance companies—unregulated, previous C-section and being pregnant voked your policy because you got unsupervised, and unapologetic—but are considered preexisting conditions. sick, all the other abuses that go on they have plundered the wallets of fam- Less than half of all women in Amer- every day within the insurance indus- ilies and the profits of businesses to ica have employer-sponsored insur- try—if you live in Oregon, you’ll have record record profits. That, Mr. Speak- ance. This is partly due to the fact that to be talking to the insurance commis- er, is the status quo. more women tend to work for small sioner in Delaware or Mississippi with On Saturday, this House of Rep- businesses or have part-time jobs your complaint. And guess what? They resentatives will face a question that where health insurance is not offered. don’t have consumer protections there has eluded it for 60 years: Will we ac- Women matter. Health care reform for health insurance. The States will cept the status quo or turn the page matters. I urge my colleagues’ support provide and compete, some States, the and provide health care to all Ameri- to change this broken system. lowest common denominator, the least cans? Our health care legislation is going regulation to attract this great new f to do what needs to be done to take business of abusive health insurers. that first step, extend access to 36 mil- b 1015 That’s the Republican plan. They’re lion Americans, insurance reforms, and always delivering for their buddies in UNEMPLOYMENT EXTENSION a public option. the health insurance industry while (Ms. ROS-LEHTINEN asked and was the payments roll in at campaign time. f given permission to address the House WHAT’S IN THE HEALTH CARE for 1 minute and to revise and extend f PACKAGE? her remarks.) ANNOUNCEMENT BY THE SPEAKER (Mr. DANIEL E. LUNGREN of Cali- Ms. ROS-LEHTINEN. Mr. Speaker, PRO TEMPORE over 8 months ago, Congress passed and fornia asked and was given permission the President signed a so-called ‘‘eco- The SPEAKER pro tempore. Mem- to address the House for 1 minute and nomic stimulus’’ bill which added near- bers are limited to 1 minute and should to revise and extend his remarks.) ly $1 trillion to our national debt, and heed the gavel. Mr. DANIEL E. LUNGREN of Cali- now we are told by this administration, f fornia. Mr. Speaker, if you want to as the White House Council of Eco- know what’s in a package, you ought PELOSI HEALTH CARE nomic Advisors recently said, that we to open it up and take a look at it. can expect 10 percent unemployment (Ms. FOXX asked and was given per- Let me just talk about one thing through the end of next year and that mission to address the House for 1 that’s in this package we’re going to the economic stimulus bill will con- minute.) vote on on Saturday. It’s in the area of tribute little to further economic Ms. FOXX. Mr. Speaker, when I talk tort reform, litigation reform, a sub- growth. However, since then, over 3 with constituents in my district, it’s ject that every single audience I’ve million jobs have been lost, and the na- clear that more and more of the Amer- spoken to in my district has said tional unemployment rate has soared ican people do not support the Pelosi should be in any bill, because right now from 8.1 percent to a 26-year high of 9.8 plan for a government takeover of the litigation system puts tremendous percent. health care. Sadly, that will not stop strain on our health care system, add- State unemployment numbers from liberal Democrats from pushing for- ing additional trillions of dollars. What does this program do? It says my home State of Florida in Sep- ward with the Pelosi plan anyway. that it’s going to provide an oppor- tember continue to reveal the sad fact Buried in the 1,990-page bill are more tunity for pilot projects. But if your that since the stimulus passed, unem- than $700 billion in new taxes on small State has on its books a law which says ployment has now risen to 11 percent, businesses and individuals and employ- there will be any limitation on attor- which is a record-high level not experi- ers who can’t afford health care. The neys’ fees or any limitation on dam- enced since 1975. Pelosi health care plan also includes ages, including noneconomic damages, Today, the House of Representatives more than 100 new bureaucracies, you are ineligible to participate. So my will vote on legislation to extend un- boards, commissions, and programs. State of California, which had medical employment benefits to those individ- What it does not include is coverage for malpractice reform 30 years ago, will uals who are unable to find a job. I 29 million of the 30 million people that be ineligible, will be punished. have supported extensions of these ben- Pelosi and President Obama say need health insurance. They will still not be We’re not talking about the status efits in the past, and I am proud to do quo on litigation reform; we’re talking so again today. covered by this huge tax increase and increased bureaucracy. about going back 30 years. If that’s in f We need to reject the Pelosi health this package, what else is in this pack- REPUBLICAN HEALTH PLAN plan—it is a tax increase masquerading age? f (Mr. DEFAZIO asked and was given as a health plan—and take up the Re- permission to address the House for 1 publican alternative, which covers ev- HEALTH REFORM FOR SMALL minute.) eryone. BUSINESSES Mr. DEFAZIO. Unlike any other in- f (Mr. GENE GREEN of Texas asked dustry or business in America, the and was given permission to address HEALTH CARE BILL health insurance industry is exempt the House for 1 minute and to revise from antitrust laws. That means they (Mr. WELCH asked and was given and extend his remarks.) can and they do collude to drive up permission to address the House for 1 Mr. GENE GREEN of Texas. Mr. your premiums, to exclude you from minute.) Speaker, I rise in support of national coverage, to rescind your policy, a Mr. WELCH. Mr. Speaker, America health reform to help relieve the eco- whole host of abuses. We do have a lit- knows that we live with a health care nomic burden of rising health costs on tle bit of State regulation, but the Re- contradiction: some of the best hos- small businesses. publicans are going to take care of pitals and doctors in the world pro- Nationwide, 25 percent of the unin- that. They’re going to create a new viding health care to those who have sured, 11 million people, are employees

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12370 CONGRESSIONAL RECORD — HOUSE November 5, 2009 of firms with less than 25 workers. Be- fair practices that boost their profits other purposes. The first reading of the bill cause they lack bargaining leverage, at the expense of the American con- shall be dispensed with. All points of order some small businesses pay 18 percent sumer. against consideration of the bill are waived more than larger businesses with the Indeed, the Republican plan amounts except those arising under clause 9 or 10 of rule XXI. General debate shall be confined to same health insurance. to a ‘‘health insurance company pro- the bill and shall not exceed 90 minutes If H.R. 3962, the Affordable Health tection act’’ and shows once and for all equally divided among and controlled by the Care Act for America, is enacted, small that Republicans don’t want real re- chair and ranking minority member of the businesses will be able to find afford- form and will fight to protect the sta- Committee on Homeland Security, the chair able health insurance coverage in the tus quo every step of the way. At least and ranking minority member of the Com- health insurance exchange. it’s consistent with their message of mittee on Energy and Commerce, and the Under the legislation, businesses ‘‘no.’’ Does it cover 96 percent of the chair and ranking minority member of the with up to 100 employees will be able to American public? No. Does it end deni- Committee on Transportation and Infra- structure. After general debate the bill shall join the health insurance exchange, als because of a preexisting condition? be considered for amendment under the five- benefiting from group rates and a No. Does it emphasize wellness and pre- minute rule. In lieu of the amendments in greater choice of insurers. There are vention? No. Does it rein in health care the nature of a substitute recommended by 16,600 small businesses in the district I costs? No. the Committees on Homeland Security and represent that will be able to join that The Republican health insurance Energy and Commerce now printed in the health insurance exchange. company protection act, it says ‘‘no’’ bill, it shall be in order to consider as an H.R. 3962 will allow small businesses to Americans and ‘‘yes’’ to insurance original bill for the purpose of amendment with 25 employees or less and average company CEOs. under the five-minute rule the amendment in the nature of a substitute printed in part wages of less than $40,000 to qualify for f A of the report of the Committee on Rules tax credits up to 50 percent of the cost accompanying this resolution. That amend- of providing health insurance. There IT’S TIME FOR ALL PEOPLE TO ment in the nature of a substitute shall be are 14,600 small businesses in our Texas HAVE ACCESS TO INSURANCE considered as read. All points of order district that will qualify for these cred- (Ms. EDDIE BERNICE JOHNSON of against that amendment in the nature of a its. That’s why it’s important we pass Texas asked and was given permission substitute are waived except those arising health care. under clause 10 of rule XXI. Notwithstanding to address the House for 1 minute.) clause 11 of rule XVIII, no amendment to f Ms. EDDIE BERNICE JOHNSON of that amendment in the nature of a sub- HEALTH CARE REFORM Texas. Mr. Speaker, the time has stitute shall be in order except those printed come—it is long past time—that we in part B of the report of the Committee on (Mr. GERLACH asked and was given should pass health care reform. Rules. Each amendment may be offered only permission to address the House for 1 I know there is a lot of influence that in the order printed in the report, may be of- minute.) is passing out a lot of information that fered only by a Member designated in the re- Mr. GERLACH. Mr. Speaker, I rise is not true. We are not cutting Medi- port, shall be considered as read, shall be de- today in opposition to the Democrats’ batable for the time specified in the report care. We are rearranging it so that it most recent health care reform pro- equally divided and controlled by the pro- can cover more people, but there is no posal. Frankly, it’s a bad bill that ponent and an opponent, shall not be subject cut in services. keeps getting worse and worse. Not to amendment, and shall not be subject to a It’s so easy to say things that are not demand for division of the question. All only will it cost over $1.2 trillion over true, to have scare tactics. Actually, points of order against such amendments are 10 years, it continues the typical Dem- all we have to do is try to understand waived except those arising under clause 9 or ocrat model of huge tax increases on the bill and tell the truth. 10 of rule XXI. At the conclusion of consider- individuals and small business owners, The people of this Nation want this ation of the bill for amendment the Com- and it will devastate our seniors’ Medi- mittee shall rise and report the bill to the change. It is time for the change. It is care Advantage program. House with such amendments as may have time for all people to have access to in- Under the latest bill, it will now been adopted. The previous question shall be surance. All the people—47 million, or begin taxing our medical device manu- considered as ordered on the bill and amend- whatever—that are not insured now ments thereto to final passage without inter- facturers, of which there are 600 such could very well be insured if the insur- vening motion except one motion to recom- companies in Pennsylvania employing ance companies would insure them and mit with or without instructions. nearly 20,000 people. That tax will do allow them to use the insurance. That SEC. 2. The Chair may entertain a motion nothing but cut jobs, increase prices, is not happening. that the Committee rise only if offered by and stifle new product innovation for the chair of the Committee on Homeland Se- We have to think of another way. an industry who wants to grow and curity or his designee. The Chair may not And the insurance companies can still prosper in the face of increasing Euro- entertain a motion to strike out the enact- live, but hopefully with some competi- pean competition. ing words of the bill (as described in clause tion. 9 of rule XVIII). If this bill is the best reform this SEC. 3. It shall be in order at any time f body can produce, it is a sad com- through the legislative day of November 7, mentary, indeed, on the Democrats’ PROVIDING FOR CONSIDERATION 2009, for the Speaker to entertain motions professed willingness to achieve a com- OF H.R. 2868, CHEMICAL FACILITY that the House suspend the rules. The Speak- monsense, bipartisan solution to this ANTI-TERRORISM ACT OF 2009 er or her designee shall consult with the Mi- most pressing issue. nority Leader or his designee on the designa- Mr. HASTINGS of Florida. Mr. tion of any matter for consideration pursu- f Speaker, by direction of the Com- ant to this section. HEALTH INSURANCE COMPANY mittee on Rules, I call up House Reso- 1030 PROTECTION ACT lution 885 and ask for its immediate b (Ms. WASSERMAN SCHULTZ asked consideration. The SPEAKER pro tempore. The gen- and was given permission to address The Clerk read the resolution, as fol- tleman from Florida is recognized for 1 the House for 1 minute and to revise lows: hour. and extend her remarks.) H. RES. 885 Mr. HASTINGS of Florida. Mr. Ms. WASSERMAN SCHULTZ. Well, Resolved, That at any time after the adop- Speaker, for purposes of debate only, I it’s finally here. The long-promised Re- tion of this resolution the Speaker may, pur- yield the customary 30 minutes to my publican health care bill was rolled out suant to clause 2(b) of rule XVIII, declare the friend, the gentleman from Florida Tuesday night. Republicans controlled House resolved into the Committee of the (Mr. LINCOLN DIAZ-BALART). All time Congress from 1994 to 2006, so you could Whole House on the state of the Union for yielded during consideration of the rule say that we’ve actually waited 15 years consideration of the bill (H.R. 2868) to amend is for debate only. the Homeland Security Act of 2002 to extend, GENERAL LEAVE for their bill. But after 15 years of modify, and recodify the authority of the waiting, the Republican bill maintains Secretary of Homeland Security to enhance Mr. HASTINGS of Florida. I ask the status quo and allows insurance security and protect against acts of ter- unanimous consent that all Members companies to continue engaging in un- rorism against chemical facilities, and for be given 5 legislative days in which to

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12371 revise and extend their remarks on rorist targets. The bill protects work- I urge my colleagues to support the House Resolution 885. ers and neighbors of chemical facilities rule and the underlying legislation. The SPEAKER pro tempore. Is there by asking the highest risk facilities to Mr. Speaker, I reserve the balance of objection to the request of the gen- switch to safer chemicals and processes my time. tleman from Florida? when it is economically feasible. Mr. LINCOLN DIAZ-BALART of There was no objection. By establishing a single agency re- Florida. I yield myself such time as I Mr. HASTINGS of Florida. I yield sponsible for security at drinking may consume. myself such time as I may consume. water and wastewater facilities, the I want to thank my good friend, the Mr. Speaker, H. Res. 885 provides for bill promotes consistent implementa- gentleman from Florida (Mr. consideration of H.R. 2868, the Chem- tion of security across the industry. HASTINGS), for the time. ical Facility Anti-Terrorism Act of This legislation also helps to ensure In 2006, Mr. Speaker, as part of the 2009, under a structured rule. The rule added security for this industry. This Homeland Security Appropriations Act provides 90 minutes of general debate legislation has been endorsed by the of 2007, Congress gave the Department equally divided between the Commit- National Association of Clean Water of Homeland Security the authority to tees on Homeland Security, Energy and Agencies and by the American Public promulgate risk-based security per- formance standards for chemical facili- Commerce, and Transportation and In- Works Association. ties that use or store chemicals. frastructure. Also, it is critical to ensure that I am glad that Mr. LUNGREN of Cali- The rule waives all points of order Chemical Facility Anti-Terrorism Standards—CFATS is the acronym—is fornia is here, because he was inti- against consideration of the bill except mately involved with the legislation those arising under clause 9 or 10 of a floor and not a ceiling for safety measures, allowing States and local- that ultimately became law. rule XXI. It further provides that in The DHS subsequently issued the ities to implement more stringent lieu of the amendments in the nature Chemical Facility Anti-Terrorism chemical security standards for chem- of a substitute recommended by the Standards (CFATS), requiring chem- ical facilities, community water sys- Committees on Homeland Security and ical facilities to report the types and tems, port facilities, and wastewater Energy and Commerce, the amendment amounts of chemicals housed on sites. treatment facilities. The bill promotes in the nature of a substitute printed in The legislative authority for CFATS the Rules Committee report shall be innovation and best practices to ensure was scheduled to sunset this year in considered as an original bill for the that our citizens are protected and se- October. The underlying bill, the purpose of amendment. cure. Chemical Facility Anti-Terrorism Act Mr. Speaker, it is worth noting that The rule waives all points of order of 2009, makes permanent the authority my friends across the aisle may argue against the amendment in the nature of the Secretary of Homeland Security that the implementation of inherently of a substitute except those arising to regulate security at chemical safer technology, IST, standards will under clause 10 of rule XXI. plants. The rule makes in order 10 amend- hurt small businesses and will cause I believe it’s important to address ments listed in the Rules Committee job loss. However, IST is already recog- the sunsetting of the existing CFATS report, each debatable for 10 minutes. nized as a ‘‘best practice,’’ and is wide- program at the Department of Home- All points of order against the amend- ly accepted within the chemical sector. land Security. However, I have con- ments printed in part B of the report Only facilities that are judged most at- cerns that this bill fails to enhance our are waived except for clauses 9 and 10 risk may be required to implement IST security and, at a time when we are of rule XXI. It further provides one mo- due to the danger posed by the release facing 10 percent unemployment, per- tion to recommit with or without in- of large quantities of toxic substances haps even higher unemployment in the at the facility. structions. future, that it could endanger eco- Before IST is even implemented, it Finally, the rule allows the Speaker nomic recovery. would have to be shown in writing that to entertain motions to suspend the Of particular concern is the IST, the incorporating IST would significantly rules through the legislative day of No- inherently safer technology, provisions reduce the risk of death, injury or seri- vember 7, 2009. The Speaker or her des- included in this legislation. IST allows ous adverse effects to human health ignee shall consult with the minority the Federal Government to mandate and that implementation is, number the use of certain chemicals and tech- leader or his designee on the designa- one, technically feasible; number two, tion of any matter for consideration nologies regardless of the efficiency cost-effective; and, number three, that and effectiveness of the IST. This was pursuant to this resolution. it lowers the risk at that facility while Mr. Speaker, now I will proceed to all the more worrisome when a witness also not shifting it to other facilities from the Department of Homeland Se- the underlying legislation. or elsewhere in the supply chain. I wish to thank Chairman BENNIE curity testified that the Department Mr. Speaker, I would be remiss to not employs no specialists with IST exper- THOMPSON, Chairman HENRY WAXMAN, again thank Chairman BENNIE THOMP- tise and that there is no future funding Chairman JIM OBERSTAR, and other SON for his support of an amendment members of the House Energy and planned. that I will offer later to the underlying Now, I first learned how IST may Commerce Committee who contributed legislation. hurt job creation and how, in fact, it to this legislation meaningfully and to My amendment strengthens the may increase unemployment from a the resulting amendment in the nature newly created Office of Chemical and small business in my district, Allied of a substitute. Facility Security by designating a spe- Universal Corporation, that operates a H.R. 2868 amends the Homeland Secu- cific point of contact for interagency chemical manufacturing facility. rity Act of 2002 to extend, modify, and coordination with the EPA. I was informed that the IST is an at- recodify the authority of the Secretary My amendment also requires the Sec- tempt by the Federal Government to of Homeland Security to enhance secu- retary to proactively inform State impose a one-size-fits-all approach to a rity and protect against acts of ter- emergency response commissions and complicated and disparate sector of our rorism against chemical facilities and local emergency planning committees economy. It will cost Allied alone, this for other purposes. about activities related to the imple- corporation that employs people in my This bill helps ensure that the chem- mentation of the act so that they may community, hundreds of thousands of ical manufacturing and storage indus- update their emergency planning and dollars in consulting fees and in staff try, which generates $550 billion in rev- training procedures. time alone. enue each year, is safe and secure and I look forward to offering this It is not a good use of resources. It less susceptible to a terrorist-inspired amendment to the underlying legisla- has no tangible benefit as manufac- attack. Importantly, it offers addi- tion so that we can ensure that this turing struggles to survive in this tional protections for the people and legislation informs and better inter- economy. Furthermore, the underlying families who live near these facilities. faces with activities currently under- bill reduces existing protections on in- The concentration of lethal chemi- way based on the Emergency Planning formation regarding chemical facili- cals near large population centers and Community Right-to-Know Act of ties, and it reduces the penalties for makes these facilities attractive ter- 1986. the disclosure of security information.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12372 CONGRESSIONAL RECORD — HOUSE November 5, 2009 These regulations that we are talk- open rule on this legislation that’s must comply with the regulation. For exam- ing about today were thoughtfully in- being brought to the floor; in other ple, the requirement to conduct an assess- cluded following the terrorist attacks words, a rule that would allow all ment of inherently safer technologies (1ST). or Methods to Reduce the Consequences of a on September 11, 2001. The primary re- Members the ability to offer any Terrorist Attack, could easily cost my com- sponsibility, Mr. Speaker, of our gov- amendment for a vote by the full pany hundreds of thousands of dollars in con- ernment is to protect the citizenry. By House. If the Rules Committee had ap- sulting fees and staff time. This is not a good making chemical facilities less secure, proved the motion, it would have been use of resources for a chemical manufac- we endanger the security of our neigh- their first open rule this Congress. Un- turing and distribution facility like mine, borhoods and of our communities. By fortunately, the motion was voted which stocks products based on our cus- easing penalties for unlawfully dis- down by a majority on the Rules Com- tomers’ needs and operates on extremely tight margins. I am also concerned about closing sensitive information, we in- mittee. The majority used to criticize other mandates in the bill and the fact that crease our vulnerability. To make mat- us when we were in the majority for state and local measures are not preempted, ters worse, the majority includes these not allowing more open rules. They which is critical for a national security pro- provisions in a bill that is supposed to have offered none. gram. No federal preemption would cause help prevent attacks. This rule that is bringing the under- much confusion, not to mention additional As I said before, I am glad Mr. LUN- lying legislation to the floor today also staff time and resources that could otherwise gives the majority the authority to be allocated to other pressing needs (i.e. one GREN is here. He can explain the proc- state may have stricter regulations, causing ess by which the current regulations allow consideration of bills under sus- pension of the rules until Saturday. my company to allocate more resources to came into being, the amount of discus- the facility in that state rather than say a sion, negotiation, and consensus that Suspension bills, as you know, Mr. facility in a state with less restrictions. but led to those regulations coming into ef- Speaker, are usually noncontroversial more significant security concerns or risks fect, and really how unfortunate now bills, but the suspension authority has such as a high population area). this attempt at an imposition of fur- in the past been used to pass bills with Therefore, I urge you to oppose H.R 2868 unless the following changes are made: ther or different regulations is. obviously minimal debate and some- times as a way to block the minority (1) All 1ST assessment and implementation b 1045 mandates must be removed. from offering amendments or a motion (2) Specific requirements regarding drills, Mr. Speaker, later this week the Con- to recommit. employee and union involvement in SVA and gress is expected to consider health Now, in the past, a senior member of SSP development, and other areas must be care bills. I would like to take this mo- the majority on the Rules Committee removed. A Risk Based Performance Stand- ment to compare today’s rule on the referred to that process as ‘‘outside the ards approach should be continued as in the chemical facility bill with the rule ex- normal parameters of the way the current CFATS regulations. House should conduct its business. It (3) The federal standards must preempt pected on the health care bills. state and local requirements. Today’s rule allows 10 amendments, effectively curtails our responsibilities Thank you for your consideration. Please five from the majority and five from and rights as serious legislators.’’ feel free to contact me if you have questions the minority, on a bill that costs ap- It’s interesting how it’s wrong when or would like more details on how H.R. 2868 proximately $900 million. Although the they’re in the minority, but once would impact my company. rule is not open, it’s important to they’re in the majority, it’s right. Sincerely, ROBERT NAMOFF, admit that the rule allows some debate ALLIED UNIVERSAL CORPORATION, Chairman of the Board. on the underlying issues. The rule ex- Miami, FL, October 23, 2009. pected later this week on the health Re H.R. 2868. Mr. Speaker, I reserve the balance of my time. care legislation will probably include Hon. LINCOLN DIAZ-BALART, Mr. HASTINGS of Florida. Mr. an amendment written by the Speaker. House of Representatives, Speaker, before yielding to the distin- Perhaps that’s the only amendment Washington, DC. DEAR CONGRESSMAN DIAZ-BALART: My com- guished Chair, I would like to remind that will be allowed. We’ll see. And pany is a small business as defined by the my good friend on the other side of the that bill spends about $1.3 trillion, I be- U.S. Small Business Administration. It oper- aisle that what we’re debating here is lieve. ates a chemical manufacturing and distribu- the rule for H.R. 2868, the Chemical Fa- It seems that the more money Con- tion facility in your district (8350 NW 93 cility Anti-Terrorism Act of 2009. This Street, Miami, FL). employing individuals gress spends, the more likely we seem bill is about renewing the Homeland to have a closed debate process. And and providing materials to a number of in- dustries critical to our nation’s and state’s Security Department’s authority to that, I believe, is contrary to the way implement, enforce, and improve the the majority promised to run this economy and public health. I am writing to express my opposition to H.R. 2868, the chemical facility anti-terrorism stand- House. Chemical Facility Anti-Terrorism Act, ards and to require that the EPA estab- On the opening day of the 110th Con- which will be scheduled for a House floor lish parallel security programs for gress, the distinguished chairwoman of vote within days. This legislation will make drinking water and wastewater facili- the Rules Committee came to the floor significant changes to the Chemical Facility ties. It’s important that we pass this and said that the new majority would Anti-Terrorism Standards (CFATS), which legislation. ‘‘begin to return this Chamber to its took effect just two and a half years ago. I find it striking that my friend and rightful place as the home of democ- Security is a major priority for Allied Uni- versal Corp. We are members of the Chlorine colleague would reference the fact that racy and deliberation in our great Na- Institute and National Association of Chem- a distinguished legislator, a friend of tion.’’ That pledge was echoed in a doc- ical Distributors (NACD). which requires our mine, who was doubtless here when ument written by the distinguished participation in the Responsible Distribution this legislation originated, and I’m Speaker called a New Direction for Process, an environmental, health. safety. sure has insight as to its origination— America, where she stated, and, by the and security management program. My com- but as I have lived here in this institu- way, the statement is still on her Web pany has spent substantial resources on se- tion for nearly 20 years, I’ve found an site: ‘‘Bills should generally come to curity upgrades in recent years. and will evolutionary process to just about all the floor under a procedure that allows continue to do so going forward under the current CFATS regulations. I do not embel- legislation. And there was a major open, full, and fair debate.’’ lish when I state that a significant amount intervention between the implementa- After contrasting today’s rule with of our company’s capital budget and per- tion of this legislation initially and the expected health care rule in a few sonnel time has been spent on security im- today, and that intervention was 9/11. days, today’s rule might look fair, but provement projects. and will continue to be And the things that have flowed from really it’s not. It blocks amendments spent as Allied works to address the Depart- it allowed that we have more than 6,000 from both sides of the aisle from re- ment of Homeland Security’s identified secu- facilities in this country that are vul- ceiving a full and fair debate on the rity risks for our facility. nerable and we have an absolute re- House floor that was, as I pointed out, I am concerned that H.R. 2868 is too pre- scriptive and includes requirements that are sponsibility to deal with them. We also promised by the Speaker. not appropriate for all facilities. Security is have an absolute responsibility to pass During the hearing in the Rules Com- very important, but a command and control health care. mittee, the ranking member, Mr. type regulation would not benefit the nation With that, Mr. Speaker, I’m pleased DREIER, made a motion to allow an let alone the thousands of businesses that to yield 3 minutes to my good friend,

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12373 the gentleman from Mississippi (Mr. The detailed collaborative approach man of the full committee who pre- THOMPSON), distinguished chairman of used to create the underlying legisla- sents this bill before us? It is because the Committee on Homeland Security. tion is a process for which we should we’ve been working on this area of con- Mr. THOMPSON of Mississippi. I ap- all be proud. cern for the last 5 years and we did preciate the gentleman’s providing the As a Congressperson who represents come up with legislation that was in- time. one of the more agricultural districts, I corporated into the appropriations bill Mr. Speaker, I rise today in support also said that this bill does not harm dealing with homeland security back in of the rule for H.R. 2868. I want to first agricultural interests. I have never 2006, and that language is the language express my gratitude to Chairwoman voted against an agricultural interest. which has been brought forward in the SLAUGHTER and the Rules Committee And I look forward to working with regulations and under which the De- for this rule that allows five Demo- that interest on any concerns they partment of Homeland Security has op- cratic and five Republican amend- might have. erated over these last number of years. ments. Mr. Speaker, I support the rule for And it is the reason why this adminis- In the wake of the September 11 at- H.R. 2868, and I look forward to today’s tration has asked for a simple 1-year tacks, security experts immediately debate and passage of this important extension, not the changes that we identified the threat of an attack on a legislation that will help to make have in this bill. Why is that of con- chemical facility as one of the greatest America more secure. cern? security vulnerabilities facing the Na- Mr. LINCOLN DIAZ-BALART of b 1100 tion. In 2006, Congress gave the Depart- Florida. Mr. Speaker, as Dr. King said ment of Homeland Security authority in my favorite of his speeches, lon- Why is it that organizations that to regulate security within the chem- gevity has its place. And in Congress have worked carefully with the Depart- ical sector. DHS established the Chem- we have some Members who have been ment of Homeland Security to come up ical Facility Anti-Terrorism Standards here for many years. I would like to with a regime that is workable so that program in 2007, and since that time, yield to one such distinguished Member we can protect against potential ter- rorist attacks in the area of chemicals, DHS has, by all accounts, worked in a who was here for many years, then left why would these organizations now collaborative manner with industry to us but then returned, which is even implement this risk-based, perform- have some question? more unusual. But he has the histor- Why would, for instance, as recently ance-based program. ical knowledge with regard to this leg- Earlier this year, I introduced H.R. as several days ago, the American islation, which, by the way, was in this 2868 to not only reauthorize this impor- Farm Bureau Federation, the Amer- decade that he worked on and that led tant program, which will sunset in Oc- ican Petroleum Institute, the Amer- to the regulations that the majority tober 2010, but to also improve it in a ican Trucking Association, the Fer- seeks to amend drastically, change few key areas. At the start of this Con- tilizer Institute, the National Associa- drastically today. gress, Chairman WAXMAN and I reached tion of Chemical Distributors, the Na- I yield 5 minutes to my distinguished an agreement on issues that have dog- tional Association of Manufacturers, friend from California, Mr. DANIEL E. ged this effort. In Chairman WAXMAN I the National Petrochemical and Refin- LUNGREN. ers Association, and the U.S. Chamber found a partner who was equally com- Mr. DANIEL E. LUNGREN of Cali- mitted to making progress on this im- of Commerce all oppose this bill? fornia. I thank the gentleman very portant homeland security issue. It is primarily because while the ad- much. I must add, though, I was a very, Starting last fall we began bipartisan ministration, both the prior adminis- very young man when I first came discussions in earnest and engaged a tration and the current administra- here. I appreciate that. tion, have worked well with all of these wide array of stakeholders including First of all, I rise in opposition to DHS, EPA, chemical sector representa- industries to come up with a regime this rule. I will talk about the under- tives, water groups, environmental that is workable, that does protect us, lying bill and the rule as it applies groups, and labor groups. What that does make a distinction between there, but we should also recognize this emerged was the package you see be- the larger companies and the smallest rule goes beyond the underlying bill fore you today. companies, that has engaged them in Title I is a reauthorization of the and establishes what has been affec- such a way that they have put forward DHS program. Titles II and III provide tionately referred to as martial law, new practices and capital investment, new regulatory authority to the EPA which means that the majority, basi- that all of that could be thrown out of to regulate drinking water and waste- cally without notice, can bring up at the window now as we adopt new regu- water utilities respectively. This pack- any time through Saturday, November lations under a new regulatory scheme. age eliminates the exemptions for the 7, under suspension of the rules any What is the major concern they water sector that both the Bush and measure. Any measure. There’s no have? It has to do with something Obama administrations identified as limit on what measure it might be. called inherently safer technology. It security gaps and makes a number of And for Members who may have forgot- sounds great. Who could be against it? improvements to the DHS program. ten what that means, a suspension of The problem is this legislation mis- The underlying legislation, which I the rule means we suspend all rules and understands what that is. We’ve been introduced in June, built upon two can consider virtually anything we working on this for the last half dec- hearings and two markups that were want here, and a bill can be brought up ade. held in the last Congress. H.R. 2868 was from a committee and the entire text In 2006, I remember Scott Berger, di- marked up by the Homeland Security of the bill as passed out of the com- rector of the Center for Chemical Proc- Committee over the course of 3 days in mittee can be removed and we can have ess Safety of the American Institute of late June. The Committee on Energy a different bill here on the floor. So Chemicals, testified before us on this. and Commerce held a legislative hear- Members should be aware that we are His organization is the organization ing on H.R. 2868 and drinking water se- with this rule passing martial law, giv- which has produced the accepted ref- curity legislation this October. Both ing the majority the ability to bring up erence book on the issue of inherently bills were marked up in subcommittee anything. safer processes. That is what we are and full committee in October, also. Frankly, that language that has talking about here. Here is what he Whether it was the staff negotiations never been seen by any committee can said: or during markups, numerous Repub- be entered into a bill with just the Inherently safer design is a concept lican requests and concerns were in- name and it could be presented on this related to the design and operation of cluded in the final product. floor. So Members should be aware that chemical plants, and the philosophy is The SPEAKER pro tempore. The this rule goes beyond the underlying generally applicable to any technology. time of the gentleman has expired. bill. But he goes on to say that this is an Mr. HASTINGS of Florida. I yield to With respect to the underlying bill, evolving concept, and the specific tools the gentleman an additional 2 minutes. why would I have concerns about this and techniques for application are in Mr. THOMPSON of Mississippi. bill when I serve, with true joy, on this the early stages of development and Thank you very much. committee and serve with the chair- such methods do not now exist.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12374 CONGRESSIONAL RECORD — HOUSE November 5, 2009 What basically we got out of his tes- health care provision, we would have nerability assessments have not yet timony and the testimony of every wit- matters that we would have to under- been reviewed by the Department of ness that appeared before us, both take, including this particularly crit- Homeland Security, currently. Adding brought by the Democratic Party and ical matter. IST will complicate this thing to a Republican Party—— Only a small subset of the people much greater extent. The SPEAKER pro tempore. The that he is talking about, covered chem- People who know a great deal about time of the gentleman has expired. ical facilities, are placed in the top two IST—‘‘inherently safer technologies’’ is Mr. LINCOLN DIAZ-BALART of riskiest tiers by the Department of the term—have opposed mandating it Florida. I yield the gentleman an addi- Homeland Security because of the con- into this law. Congress is acting as tional 2 minutes. sequences in the event of a chemical chief engineer. We ought not to be Mr. DANIEL E. LUNGREN of Cali- release, and it could be required to im- doing that. But this legislation is not fornia. Is that this is a process, not a plement IST. Between 100 and 200 simply about chemical facilities. It is product; yet we are now giving blanket chemical facilities nationwide cur- about facilities with chemicals. And authority for the Secretary to impose rently fall into that category, accord- what kind of facilities have chemicals? inherently safer technologies as if it ing to DHS. Well, what about hospitals, colleges, were a product. I am continually surprised at my col- and universities? We have 3,630 facili- Now, this is going to impact compa- leagues’ arguments. A while back, we ties that employ 50 or fewer people who nies disproportionately which are were describing them as the party of are going to be impacted by this. The small. Mr. Speaker, 59 percent of the ‘‘no,’’ and I think that that had cur- point being is hospitals and colleges companies that will be impacted by rency and still does after you look at and universities are going to be subject this law employ 50 workers or less. In their health care provision, which in- to these inherently safer technology my home State of California, it’s 62 sures nobody. But the thing that really provisions contained in the legislation. percent. So at a time when we are hav- I find interesting about this is that Now, specifically with respect to IST, ing difficulty maintaining and pro- they really are the party of ‘‘status Mr. LUNGREN just referred to the gen- ducing jobs, when everybody comes to quo.’’ And if you look at this legisla- tleman Scott Berger who came before the floor and says, We want to protect tion that Congressman THOMPSON, Con- our committee previously and vehe- small business, we want to help small gressman OBERSTAR, and Congressman mently argued against mandating in- business, small businesses are going to WAXMAN have fashioned, had hearings herently safer technologies in this leg- be hurt disproportionately by this leg- that were in the public, everybody had islation. But I do want to focus my islation. This legislation is at least an opportunity to make their presen- comments on section 2111 of the chem- premature. tation, including what you just heard ical security title, addressing the con- The administration has said, Just from our colleague, someone that had a cept of IST that was shoehorned into give us a simple reauthorization for a different view as occurs in just about this security-focused bill. year of what you’re already doing. We every hearing—the minority has an op- There are similar provisions in the did that in the appropriations bill, but portunity most times to bring wit- drinking water and wastewater titles, somehow, because we seem to have nesses and the majority brings wit- but this bill attempts to define IST, more time on our hands, we have to nesses, and generally, they don’t agree. which is a catchy phrase. But I want to bring bills to the floor as we wait for But that doesn’t mean in this body say that the concept of IST is not a the health care reform, the mother of that we don’t have an exacting respon- new one. It’s been around for decades all bills, to come to this floor. That’s sibility to go forward with legislation as part of the environmental move- why we’re here dealing with this, de- demonstrably to improve the American ment. As the Committee on Homeland spite the fact the administration public’s safety. That is what we are Security prepared to tackle this bill doesn’t support it, the industry doesn’t here about at this time. back in June, I met with a number of support it, small business doesn’t sup- I reserve the balance of my time. scientists and subject matter experts. port it, and even those who came up Mr. LINCOLN DIAZ-BALART of They consider it a conceptual frame- with the idea of inherently safer tech- Florida. Mr. Speaker, it is my pleasure work, as Mr. LUNGREN said, that in- nologies have told us in testimony, to yield 5 minutes to my friend from volves four basic elements: first, mini- You folks don’t understand; you’re Pennsylvania, Mr. DENT. mizing the use of hazardous substance; misapplying it if you are going to put Mr. DENT. Mr. Speaker, you are two, replacing a substance with a less it in the bill as it is in this bill. going to hear a lot of talk here today hazardous one; three, using a less haz- It sounds great. Everybody is for in- about chemical plant security, but let’s ardous process; and four, simplifying herently safer technologies, but it’s the be very clear. All of us, I think, in this the design of a process. substance of what it is that we ought Chamber understand the need for This is not a technology. It is a con- to be concerned about, and we ought greater chemical plant security. As Mr. cept. It is a framework. It’s an engi- not put another job-killer bill on this LUNGREN so eloquently stated, we have neering process that may or may not floor just a day or 2 days before we’re regulations in place, the so-called lead to a technology. The engineers are going to hear the latest unemployment CFATS regulations, that are being im- very concerned about us mandating statistics. plemented, and we should give them this, and here we are, Congress, filled Mr. HASTINGS of Florida. Mr. time to be implemented. I will get into with a lot of lawyers. I’m not a lawyer, Speaker, inherently safer technologies, that in more specificity in a few mo- but a lot of lawyers are telling them known as methods to reduce the con- ments. But I do rise to oppose the rule how to build a chemical plant. I rep- sequences of a terrorist attack, in- here today. resent a district where I have about cludes techniques such as eliminating Mr. AUSTRIA of Ohio offered an 4,000 people who make a living building or reducing the amount of toxic chemi- amendment that was rejected by the chemical plants, not just in this coun- cals stored on-site or using safer proc- Rules Committee that would have ex- try but all over the world. They under- esses that facilitate as a best practice empted small businesses from the in- stand this. I’ll give you an example. often integrated into the operations. herently safer technologies provisions They built hydrogen plants down by My good friend from California doth contained in the legislation that we are refineries on the gulf coast because you protest too much about us legislating discussing today. I would like to get need the hydrogen to help purify or on something that is particularly crit- into that IST in just a moment. clean the air as it relates to sulfur ical that we have this IST technology, Again, we all support the need for emissions. It’s a requirement. So you and his argument, as I heard a portion greater chemical plant security. We build a hydrogen plant down by the re- of it, is we are doing this for the reason should also note, too, that by adding finery. Substituting hydrogen for that we are waiting for health care and drinking water and wastewater facili- something else won’t work. These we don’t have anything else to do. ties, we will double the number of fa- plants were placed where they were for Well, that’s just not true. We’ve been a cilities that will need to be reviewed a specific reason, and the chemicals pretty busy Congress from the incep- under the existing regulatory scheme. they are producing there are being pro- tion of this Congress. If there was no Actually, 4,000 of the 6,000 security vul- duced for a specific reason. Let not

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12375 Congress act like chief engineer for the Mr. THOMPSON of Mississippi. Let me say this bill also requires government. We are about to ask the Thank you very much. I appreciate the that DHS assess potential impacts on Department of Homeland Security to gentleman yielding the time. small business. It’s not taking jobs. institute a means by which to police Mr. DENT, as you know, is a member They have to first decide if it’s harm- our chemical facilities on their imple- of the committee. I thank the Rules ful. If it is, then we put in this program mentation of a conceptual framework. Committee for being so generous in al- monies to help small business improve Think about the implication of this for lowing Mr. DENT to have two of the their security. It’s not an undue re- a second. amendments that we’ll consider later quirement for them. I want to make DHS will be required, under threat of in the debate. very clear; this bill does not hurt small lawsuit by any person, any person that First of all, Mr. Speaker, I want to business. It provides monies to support the citizen suit provisions, to fine com- say that the administration supports any vulnerability that DHS might find panies $25,000 a day for noncompliance this bill. It is absolutely clear that at a small business. It does not require with a bureaucrat’s idea of whether a they do. The other issue is the ref- them to fund that improvement on its particular facility has sufficiently im- erence to jobs. Well, we’ve been doing own. plemented a concept. Think about security at chemical plants since 2007. It’s an effort to get risk tied to that. During the committee’s only There is no data that says that that se- threat and vulnerability. That’s how hearing on this legislation in June, I curity risk has created a loss in jobs. we do it. The first piece of legislation inquired with Deputy Under Secretary b 1115 we carried in the 110th was a bill ad- Reitinger about how many IST special- dressing risk. But that risk has to be ists they currently have at the depart- All we are doing is codifying what decided based on certain metrics. ment. His answer was, ‘‘I think the an- the Department is already doing. To Those metrics are threats and vulnera- swer is none.’’ Similarly, when I asked say that it’s anti-jobs is just totally in- bilities. Secretary Napolitano about the num- accurate. Regardless of what you might hear, The other issue is, my colleague, Mr. ber of IST experts currently employed this bill does not do away with jobs. It DENT, as you know, this is our second at the Department during our budget is small business friendly. Because if time having this bill brought before us. hearing earlier this year, she, too, indi- there is a vulnerability, a vulnerability Mr. DENT supported the bill the first cated zero. is a risk, Mr. Speaker, that the Depart- The SPEAKER pro tempore. The time. Now he is against it. I guess you ment determines. Nobody would want time of the gentleman from Pennsyl- could say he was for it before he was to work in an environment where a se- vania has expired. against it. But, clearly, what I am sup- curity risk was identified and not cor- Mr. LINCOLN DIAZ-BALART of porting is the fact that the Department rected. That’s why we have the Depart- Florida. I recognize the gentleman for looked at several thousand facilities. ment. That’s why the Department, an additional 1 minute. Mr. DENT. Will the gentleman yield? through the help of Congress, passed Mr. THOMPSON of Mississippi. I Mr. DENT. I would also be remiss if this bill in 2006. We are just doing in yield to the gentleman from Pennsyl- I didn’t mention the response of Sue the CFATS requirement what’s already vania. Armstrong, director of the office re- established. Mr. DENT. Thank you, Mr. Chair- sponsible for implementing these re- Mr. LINCOLN DIAZ-BALART of quirements, when questioned on this man. Florida. Mr. Speaker, I yield 3 minutes I just wanted to point out that the topic. When I asked exactly what IST to my friend from Illinois, Mr. legislation we are considering today is was, she demurred, stating, ‘‘There is SHIMKUS. enough debate in industry and aca- very different from the legislation that (Mr. SHIMKUS asked and was given demia that I can’t take a position on the committee considered a couple permission to revise and extend his re- that very topic.’’ Yet this bill not only years ago. There are civil lawsuit pro- marks.) asks her to do so but requires her, visions, civil suit provisions in here Mr. SHIMKUS. First of all to my under threat of lawsuit, and saddles that are very, very different in this leg- friend, the chairman, when you start hundreds of facilities with the costs of islation than the bill we considered a involving medical hospitals, you could the decision. couple of years ago. change medical protocols and that So, in closing, I just wanted to make The IST provisions have not been segues into health care debate and this point once and for all that, you changed, but there are other dif- other issues. know, with unemployment rates ap- ferences in the legislation as well. This But I want to start by saying, you proaching 10 percent, this legislation is not comparing apples to apples. cannot tell me that this debate is will imperil many jobs of people who These are very different bills, and there about safety. You just cannot. Much of make things, who make chemicals. I are a lot of reasons to oppose this bill. this bill is a means to an end to use think perhaps the intent of some peo- I just wanted to correct the record Homeland Security regulations to force ple proposing this legislation is simply about my position on this bill and the new processes and procedures, in refin- that they would rather not have these previous bill. eries, chemical plants, or water facili- chemicals be made in this country, Mr. THOMPSON of Mississippi. Since ties that are going to be more costly. that they be made elsewhere. This leg- the gentleman raised the question, the Now why would we do that? In a time islation will have the effect of making civil lawsuit provision has changed in when we have job loss after job loss, it more difficult to produce chemicals this bill. I would suggest, Mr. DENT, if why would we add more costs to this that we need in this country. They will you look at it, a plant cannot get sued struggling economy? Because there’s be produced elsewhere. under this particular legislation. A cit- an agenda here, and the agenda is an I urge the rejection of this rule. We izen can’t bring lawsuit against a environmental agenda that’s been run- all support greater chemical plant se- plant. We did change it. We heard you. ning this country since the Democrats curity, but this is not the way to do it, So we have changed it. That’s why I took over. and this will certainly cost jobs think between the rule and the ulti- I want to point out the hypocrisy of throughout America at this time. mate vote, if you read the bill, we have this safety and security debate. I have Mr. HASTINGS of Florida. Mr. made the changes. been reading through the health care Speaker, I yield to the distinguished In addition to that, let me say that bill, and we got it Friday. I have family chairman of this committee to correct hospitals, all those other entities, Mr. obligations and other things, so I am a few of the inaccuracies that my dis- Speaker, they have been considered in not through with it yet, but I almost tinguished colleague, Mr. DENT, of- the DHS review. DHS has determined am through. fered. One that I heard, the Depart- that there are only 6,000 facilities that The last 300 pages deal with the In- ment of Homeland Security has a re- require this kind of scrutiny. So it dian Health Service, which has never sponsibility of regulating the matter might be hospitals, it might be any- come through the committee process. under our consideration and not the thing, but they are already doing it. Why has it not? Because it could not Environmental Protection Agency. This is nothing new. It’s not adding pass on its own. I yield to Mr. THOMPSON such time as any, and it’s not taking any jobs from On page 1,785, I want to read some- he may consume. small business. thing. So don’t tell me safe drinking

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12376 CONGRESSIONAL RECORD — HOUSE November 5, 2009 water is not a safety and security con- Department; members, of course, of the water is secure. Working with the ad- cern because in your health care bill, United States military; and ministration, this legislation gives reg- this is what you have in there: Congresspersons who have the absolute ulatory authority over chemical facili- ‘‘Certain capabilities are not a pre- duty to address the question of secu- ties for DHS while giving EPA a lead requisite. The financial and technical rity of this Nation. role. capability of an Indian Tribe, Tribal I would also remind my good friend I look forward to the passage of this Organization, or Indian community to that Indian tribes in sovereign areas legislation. Why? Because the Amer- safely operate, manage, and maintain a have a sovereign legal distinction. We ican people send us here to do our job, sanitation facility shall not be a pre- know that their structure is somewhat and our job is to provide for the secu- requisite to the provision or construc- different than what we have. rity of the American people. I am tion of sanitation facilities by the Sec- I rise to support this rule because it grateful that over a period of time we retary.’’ is a fair rule. It has allowed a number have protected small businesses, we are In other words, in our health care bill of amendments by our friends on the concerned about water and wastewater we’re going to give money to build new other side of the aisle, but this chem- facilities, chemical facilities, and we water purification plants and they ical security bill is not a bill that will be securing this Nation by pairing don’t have to be trained. They don’t started last week. It started a number this rule and this bill on chemical secu- have to meet any scientific categories. of years ago. It has had the jurisdic- rity. Here you are putting a burden on pri- tional oversight of several committees, Mr. Speaker, I rise today to speak in sup- vate water systems, on community including the Energy and Commerce port of the rule for H.R. 2868 and the under- water systems, municipal water plants, Committee. lying bill. and you are going to exempt tribes As I have listened to a number of ex- The underlying legislation reaffirms our sol- from even knowing how to operate the perts as the subcommittee Chair, we emn oath to keep the American people safe. water plant. have held hearings, we have authored The legislation improves and extends a crit- This is your bill. Page 1,785. Read letters, we have requested briefings, ical DHS program. your bill. Unbelievable. I only read this and we have visited sites. I have visited I have been a champion of previous last night; 1,990 pages. On page 1,785, a waste and water system site. I see iterations of this legislation and I am an origi- ‘‘The financial and technical capability the vulnerability. I see the utilization nal co-sponsor of H.R. 2868. of an Indian Tribe, Tribal Organiza- of chemicals that could be used or tam- By holding hearings in my Subcommittee on tion, or Indian community to safely op- pered with to contaminate the water of chemical security, authoring letters, and re- erate’’—shall not be a prerequisite; innocent people and innocent families questing briefings, I have been intimately in- shall not. and innocent children. volved in the implementation of this program At the end of each step of the way, in Although we are going to do some and assessing its needs. establishing the record for this legisla- weird IST provisions, inherently safer At each step of the way in establishing the tion, we worked in a transparent and a technology, put a new burden on water record for this legislation, we worked in a bipartisan manner to ensure that the technology systems, put new burdens transparent, bipartisan manner to ensure that legislation was thoughtful and well on water community systems, put new the legislation was thoughtful and well bal- balanced. We dealt with the farmers. burdens on rural systems, you’re ex- anced. Chairman THOMPSON worked with the empting tribes from even knowing how Several Republican amendments were farmers over a period of time. to operate the water plant. You have already heard that we have adopted at mark-up and I know that Minority Mr. HASTINGS of Florida. Mr. in this legislation crafted a response to staff was able to make important changes at Speaker, I appreciate my good friend’s our small businesses, the backbone of the staff level. passion. I don’t know whether he has America. We have several Republican Regardless of the rhetoric we hear today, any Native American tribes in his con- amendments that were adopted at this legislation will be considered following a stituency, but I do. I have Seminoles markup, and I know that the minority process of which we can all be proud. and Miccosukees in my constituency, staff was able to make important I am grateful to the Committee on Rules for and they are as proud of their ability changes with our staff. ruling 10 amendments in order, 5 of which to operate facilities and to do those Our door remained open. Regardless come from our friends on the other side of the things. As a matter of fact, quite of the rhetoric that we hear today, this aisle. frankly, both of those tribes are doing has been a process that is the obliga- Today’s discussion will further demonstrate a whole whale of a lot better than a tion of Homeland Security to protect this process’ commitment to fairness and part of the systemic institutions that the American people. It is no doubt transparency. have existed in the non-Native Amer- that terrorism has been franchised and Working with the support of the Administra- ican area. there are numerous creative ways that tion, this legislation gives regulatory authority And I remind my friend that we are terrorists will be looking to contami- over chemical facilities to DHS while giving not here about the health care bill. nate. EPA a lead role, in consultation with DHS, I yield 3 minutes to the distinguished The SPEAKER pro tempore. The over water and wastewater facilities. gentlewoman, who is the subcommittee time of the gentlewoman has expired. I look forward to the passage of H.R. 2868, Chair of the Homeland Security com- Mr. HASTINGS of Florida. I yield the which will represent the culmination of com- mittee that has jurisdiction on this gentlelady an additional minute. prehensive and collaborative efforts to protect particular matter, SHEILA JACKSON- Ms. JACKSON-LEE of Texas. I thank the American people while doing so in a man- LEE. the distinguished member of the Rules ner that understands the sector being regu- Ms. JACKSON-LEE of Texas. Mr. Committee and thank him for man- lated. Speaker, let me explain to the col- aging this bill. I support the rule for H.R. 2868 and I look leagues that have gathered here in this I am grateful to the Committee on forward to passage of the critical chemical se- august institution that this is the Rules for specifically ruling 10 amend- curity legislation in the underlying bill. Homeland Security Committee, and, as ments in order, five of which come Mr. LINCOLN DIAZ-BALART of the American people have asked us to from our friends on the other side. But Florida. Mr. Speaker, before closing, I do, we are doing our duty. this again, I want to emphasize, is a re- will yield 20 seconds to the gentleman I look forward to a vigorous debate sponsibility that is not a nonserious re- from Pennsylvania (Mr. DENT). on the health care bill, for the Amer- sponsibility, because water and waste- Mr. DENT. Mr. Speaker, just very ican people deserve that vigorous de- water sites proliferate our Nation all briefly, I want to thank the chairlady bate and transparency. But today the over, in rural hamlets and urban cen- of the subcommittee for commenting Homeland Security Committee is doing ters, and it is necessary to look at that on the amendments that were adopted its job. The idea that we have lived in as a potential target of any terrorist, in the Homeland Security Committee safety and security since 9/11 to a cer- just as our rail system, just as our on a bipartisan basis. Those amend- tain degree has been because of the aviation system. ments were stripped out of the bill that diligent and vigilant work of the men What is our job than to provide the we are considering today. They are not and women of the Homeland Security framework than to ensure that our in. So even though we had amendments

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12377 in the bill that came out of the Home- for separate consideration of the Baird- order without intervention of any point of land Security Committee, they are not Culberson bill within 3 days so we can order or demand for division of the question, here in this bill today. vote on the chemical security bill and shall be considered as read and shall be sepa- Mr. HASTINGS of Florida. Mr. rately debatable for twenty minutes equally then, once we are done, consider H. divided and controlled by the proponent and Speaker, I am very pleased to yield 2 Res. 554. The American people are de- an opponent; and (3) one motion to recommit minutes to my good friend from Rhode manding that on every piece of legisla- which shall not contain instructions. Clause Island, a member of the Energy and tion there should be 72 hours to study 1(c) of rule XIX shall not apply to the consid- Commerce Committee, Mr. LANGEVIN. it and read it thoroughly before it is eration of House Resolution 554. (Mr. LANGEVIN asked and was given voted on. permission to revise and extend his re- Mr. Speaker, I ask unanimous con- (The information contained herein was provided by Democratic Minority on mul- marks.) sent to insert the text of the amend- tiple occasions throughout the 109th Con- Mr. LANGEVIN. Mr. Speaker, I rise ment and extraneous materials imme- gress.) today in strong support of the rule for diately prior to the vote on the pre- THE VOTE ON THE PREVIOUS QUESTION: WHAT H.R. 2868, the Chemical Facility Anti- vious question. IT REALLY MEANS Terrorism Act, and in strong support of The SPEAKER pro tempore. Is there This vote, the vote on whether to order the the underlying bill. I thank the gen- objection to the request of the gen- previous question on a special rule, is not tleman for yielding the time and for all tleman from Florida? merely a procedural vote. A vote against or- those who had a hand in bringing this There was no objection. dering the previous question is a vote legislation to the floor. Mr. LINCOLN DIAZ-BALART of against the Democratic majority agenda and This bill will help secure our chem- Florida. I yield back the balance of my a vote to allow the opposition, at least for the moment, to offer an alternative plan. It ical infrastructure from attack or sab- time. Mr. HASTINGS of Florida. Mr. is a vote about what the House should be de- otage, and I want to particularly thank bating. Chairman THOMPSON for focusing par- Speaker, in closing, I would like to re- Mr. Clarence Cannon’s Precedents of the ticular attention on cyber threats to mind my colleagues of the urgency of House of Representatives, (VI, 308–311) de- this sector. this legislation. This bill takes impor- scribes the vote on the previous question on Securing our critical infrastructure tant steps to protect our Nation’s the rule as ‘‘a motion to direct or control the from cyber attack cannot be an after- wastewater infrastructure. Publicly consideration of the subject before the House being made by the Member in charge.’’ To thought. The vulnerabilities to control owned treatment facilities serve more than 200 million Americans and consist defeat the previous question is to give the systems and network infrastructure opposition a chance to decide the subject be- are numerous and, if ignored, could of 16,000 treatment plants, 100,000 major fore the House. Cannon cites the Speaker’s have serious consequences just as se- pumping stations, and 600,000 miles of ruling of January 13, 1920, to the effect that vere as a physical attack. This bill will sanitary sewers. Damage to these fa- ‘‘the refusal of the House to sustain the de- require increased cybersecurity train- cilities and collection systems could mand for the previous question passes the ing, improved reporting of cyber at- result in loss of life, contamination of control of the resolution to the opposition’’ in order to offer an amendment. On March tacks and a chemical facility security drinking water facilities, catastrophic damage to lakes and rivers, and long- 15, 1909, a member of the majority party of- director who is knowledgeable on cyber fered a rule resolution. The House defeated issues, greatly increasing the oppor- term public health impacts. the previous question and a member of the tunity to address and prevent cyber at- Also, by requiring the Environmental opposition rose to a parliamentary inquiry, tacks before any damage occurs. Protection Agency to establish risk- asking who was entitled to recognition. Cybersecurity and cyber vulnerabili- based performance standards for com- Speaker Joseph G. Cannon (R-Illinois) said: ties are one of those areas that are not munity water systems serving more ‘‘The previous question having been refused, than 3,300 people and other exceptional the gentleman from New York, Mr. Fitz- fully addressed across government to gerald, who had asked the gentleman to this point. We can see that from nu- water systems posing significant risk, the bill safeguards our Nation’s drink- yield to him for an amendment, is entitled to merous cyber penetrations and the first recognition.’’ exfiltration of data that clearly more ing water supply and restores con- Because the vote today may look bad for needs to be done in this area. The most fidence at a time of upheaval and un- the Democratic majority they will say ‘‘the critical area, though, and the area of certainty. vote on the previous question is simply a greatest vulnerability is critical infra- I urge a ‘‘yes’’ vote on the previous vote on whether to proceed to an immediate vote on adopting the resolution * * * [and] structure. This act today takes a major question and on the rule. The material previously referred to has no substantive legislative or policy im- step forward in addressing an area that plications whatsoever.’’ But that is not what could cause widespread damage or po- by Mr. LINCOLN DIAZ-BALART of Florida is as follows: they have always said. Listen to the defini- tentially loss of life. tion of the previous question used in the This is an important piece of legisla- AMENDMENT TO H. RES. 885 OFFERED BY MR. Floor Procedures Manual published by the tion. I urge my colleagues to support LINCOLN DIAZ-BALART OF FLORIDA Rules Committee in the 109th Congress, it. At the end of the resolution, insert the fol- (page 56). Here’s how the Rules Committee lowing new section: described the rule using information from b 1130 SEC. 4. On the third legislative day after Congressional Quarterly’s ‘‘American Con- Mr. LINCOLN DIAZ-BALART of the adoption of this resolution, immediately gressional Dictionary’’: ‘‘If the previous after the third daily order of business under Florida. Mr. Speaker, the American question is defeated, control of debate shifts clause 1 of rule XIV and without interven- to the leading opposition member (usually people are demanding that we have at tion of any point of order, the House shall the minority Floor Manager) who then man- least 72 hours on any legislation and proceed to the consideration of the resolu- ages an hour of debate and may offer a ger- every piece of legislation, to read it tion (H. Res. 554) amending the Rules of the mane amendment to the pending business.’’ and study it before it is brought to the House of Representatives to require that leg- Deschler’s Procedure in the U.S. House of floor; 182 Members have signed a dis- islation and conference reports be available Representatives, the subchapter titled charge petition to consider a bill that on the Internet for 72 hours before consider- ‘‘Amending Special Rules’’ states: ‘‘a refusal would require that. ation by the House, and for other purposes. to order the previous question on such a rule The resolution shall be considered as read. That is why today I will be asking for [a special rule reported from the Committee The previous question shall be considered as on Rules] opens the resolution to amend- a ‘‘no’’ vote on the previous question, ordered on the resolution and any amend- ment and further debate.’’ (Chapter 21, sec- so we can amend this rule and allow ment thereto to final adoption without in- tion 21.2) Section 21.3 continues: ‘‘Upon re- the House to consider that legislation, tervening motion or demand for division of jection of the motion for the previous ques- H. Res. 554, offered by Representatives the question except: (1) one hour of debate tion on a resolution reported from the Com- BAIRD and CULBERSON, requiring 72 equally divided and controlled by the chair mittee on Rules, control shifts to the Mem- hours on every piece of legislation be- and ranking minority member of the Com- ber leading the opposition to the previous fore it is taken to a vote. mittee on Rules; (2) an amendment, if offered question, who may offer a proper amendment by the Minority Leader or his designee and if If anyone is concerned, Mr. Speaker, or motion and who controls the time for de- printed in that portion of the Congressional bate thereon.’’ that that would jeopardize the chem- Record designated for that purpose in clause Clearly, the vote on the previous question ical security bill, be not concerned, be- 8 of rule XVIII at least one legislative day on a rule does have substantive policy impli- cause the motion I am making provides prior to its consideration, which shall be in cations. It is one of the only available tools

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12378 CONGRESSIONAL RECORD — HOUSE November 5, 2009 for those who oppose the Democratic major- Price (NC) Scott (GA) Titus The SPEAKER pro tempore. The ity’s agenda and allows those with alter- Quigley Scott (VA) Tonko question is on the resolution. native views the opportunity to offer an al- Rahall Serrano Towns Rangel Sestak Tsongas The question was taken; and the ternative plan. Reyes Shea-Porter Van Hollen Speaker pro tempore announced that ´ Mr. HASTINGS of Florida. I yield Richardson Sherman Velazquez the ayes appeared to have it. back the balance of my time, and I Rodriguez Shuler Visclosky Ross Sires Walz Mr. LINCOLN DIAZ-BALART of move the previous question on resolu- Rothman (NJ) Skelton Wasserman Florida. Mr. Speaker, on that I demand tion. Roybal-Allard Slaughter Schultz the yeas and nays. The SPEAKER pro tempore. The Ruppersberger Smith (WA) Waters Rush Snyder Watson The yeas and nays were ordered. question is on ordering the previous Ryan (OH) Space Watt The SPEAKER pro tempore. This question on the resolution. Salazar Spratt Waxman will be a 5-minute vote. The question was taken; and the Sanchez, Loretta Stark Weiner Sarbanes Sutton Welch Speaker pro tempore announced that The vote was taken by electronic de- Schakowsky Tanner Wexler vice, and there were—yeas 233, nays the ayes appeared to have it. Schauer Teague Wilson (OH) 182, not voting 17, as follows: Mr. LINCOLN DIAZ-BALART of Schiff Thompson (CA) Woolsey Schrader Thompson (MS) Wu [Roll No. 857] Florida. Mr. Speaker, on that I demand Schwartz Tierney Yarmuth the yeas and nays. YEAS—233 NAYS—180 The yeas and nays were ordered. Abercrombie Gutierrez Murtha The SPEAKER pro tempore. Pursu- Akin Foxx Miller, Gary Ackerman Hall (NY) Nadler (NY) Alexander Franks (AZ) Minnick Adler (NJ) Halvorson Napolitano ant to clause 8 and clause 9 of rule XX, Altmire Frelinghuysen Moran (KS) Arcuri Hare Neal (MA) this 15-minute vote on ordering the Austria Gallegly Murphy, Tim Baca Harman Nye previous question will be followed by 5- Bachmann Garrett (NJ) Myrick Baird Hastings (FL) Oberstar minute votes on adoption of House Res- Bachus Gerlach Neugebauer Baldwin Heinrich Obey Baird Gingrey (GA) Olson Barrow Herseth Sandlin Olver olution 885, if ordered, and motion to Barrett (SC) Goodlatte Paul Bean Higgins Ortiz suspend the rules on H. Res. 868. Bartlett Granger Paulsen Becerra Himes Pallone Barton (TX) Graves Pence Berkley Hinchey Pascrell The vote was taken by electronic de- Biggert Guthrie Petri Berman Hinojosa Pastor (AZ) vice, and there were—yeas 241, nays Bilbray Hall (TX) Pitts Berry Hirono Payne Bilirakis Harper Platts 180, not voting 11, as follows: Bishop (GA) Hodes Perlmutter Bishop (UT) Hastings (WA) Poe (TX) [Roll No. 856] Bishop (NY) Holden Perriello Blackburn Heller Posey Blumenauer Holt Peters YEAS—241 Blunt Hensarling Price (GA) Boren Honda Peterson Boehner Herger Putnam Boswell Hoyer Abercrombie Driehaus Langevin Pingree (ME) Bonner Hill Radanovich Boucher Inslee Ackerman Edwards (MD) Larsen (WA) Polis (CO) Bono Mack Hoekstra Rehberg Boyd Israel Adler (NJ) Edwards (TX) Larson (CT) Pomeroy Boozman Hunter Reichert Bright Jackson (IL) Andrews Ellison Lee (CA) Boustany Inglis Roe (TN) Brown, Corrine Jackson-Lee Price (NC) Arcuri Ellsworth Levin Brady (TX) Issa Rogers (AL) Butterfield (TX) Quigley Baca Engel Lewis (GA) Broun (GA) Jenkins Rogers (KY) Capps Johnson (GA) Rahall Baldwin Eshoo Lipinski Brown (SC) Johnson (IL) Rohrabacher Cardoza Johnson, E. B. Rangel Barrow Etheridge Loebsack Brown-Waite, Johnson, Sam Rooney Carnahan Kagen Reyes Bean Farr Lofgren, Zoe Ginny Jones Ros-Lehtinen Carson (IN) Kanjorski Richardson Becerra Fattah Lowey Buchanan Jordan (OH) Roskam Castor (FL) Kaptur Rodriguez Berkley Filner Luja´ n Burgess King (IA) Royce Chandler Kennedy Ross Berman Foster Lynch Burton (IN) King (NY) Ryan (WI) Chu Kildee Rothman (NJ) Berry Frank (MA) Maffei Buyer Kingston Scalise Clarke Kilpatrick (MI) Roybal-Allard Bishop (GA) Fudge Maloney Calvert Kirk Schmidt Clay Kilroy Ruppersberger Bishop (NY) Giffords Markey (CO) Camp Kline (MN) Schock Cleaver Kind Rush Blumenauer Gonzalez Markey (MA) Campbell Kratovil Sensenbrenner Clyburn Kirkpatrick (AZ) Ryan (OH) Boccieri Gordon (TN) Marshall Cantor Lamborn Sessions Cohen Kissell Salazar Boren Grayson Massa Cao Lance Shadegg Connolly (VA) Klein (FL) Sanchez, Loretta Boswell Green, Al Matheson Capito Latham Shimkus Conyers Kosmas Boucher Green, Gene Matsui Sarbanes Carter LaTourette Shuster Cooper Kucinich Boyd Griffith McCarthy (NY) Schakowsky Cassidy Latta Simpson Costa Langevin Bright Grijalva McCollum Schauer Castle Lee (NY) Smith (NE) Costello Larsen (WA) Brown, Corrine Gutierrez McDermott Schiff Chaffetz Lewis (CA) Smith (NJ) Courtney Larson (CT) Butterfield Hall (NY) McGovern Schrader Childers Linder Smith (TX) Crowley Lee (CA) Capps Halvorson McIntyre Schwartz Coble LoBiondo Souder Cuellar Levin Cardoza Hare McMahon Scott (GA) Coffman (CO) Lucas Stearns Cummings Lewis (GA) Carnahan Harman McNerney Scott (VA) Cole Luetkemeyer Sullivan Dahlkemper Lipinski Carney Hastings (FL) Meek (FL) Serrano Conaway Lummis Taylor Davis (AL) Loebsack Carson (IN) Heinrich Meeks (NY) Sestak Crenshaw Lungren, Daniel Terry Davis (CA) Lofgren, Zoe Castor (FL) Herseth Sandlin Melancon Shea-Porter Culberson E. Thompson (PA) Davis (IL) Lowey Chandler Higgins Michaud Sherman Davis (KY) Mack Thornberry Davis (TN) Luja´ n Chu Himes Miller (NC) Sires Deal (GA) Manzullo Tiahrt DeFazio Lynch Clarke Hinchey Miller, George Skelton Dent Marchant Tiberi DeGette Maffei Clay Hinojosa Mitchell Slaughter Diaz-Balart, L. McCarthy (CA) Turner DeLauro Maloney Cleaver Hirono Mollohan Smith (WA) Diaz-Balart, M. McCaul Upton Dicks Markey (CO) Clyburn Hodes Moore (KS) Snyder Dreier McClintock Walden Dingell Markey (MA) Cohen Holden Moore (WI) Space Duncan McCotter Wamp Doggett Marshall Connolly (VA) Holt Moran (VA) Speier Ehlers McHenry Westmoreland Donnelly (IN) Massa Conyers Honda Murphy (CT) Spratt Emerson McKeon Whitfield Doyle Matheson Cooper Hoyer Murphy (NY) Fallin McMorris Wilson (SC) Driehaus Matsui Stark Costa Inslee Murtha Flake Rodgers Wittman Edwards (MD) McCarthy (NY) Sutton Costello Israel Nadler (NY) Fleming Mica Wolf Edwards (TX) McCollum Tanner Courtney Jackson (IL) Napolitano Forbes Miller (FL) Young (AK) Ellison McDermott Teague Crowley Jackson-Lee Neal (MA) Fortenberry Miller (MI) Young (FL) Engel McGovern Thompson (CA) Cuellar (TX) Nye Eshoo McIntyre Thompson (MS) Cummings Johnson (GA) Oberstar NOT VOTING—11 Etheridge McMahon Tierney Dahlkemper Johnson, E. B. Obey Aderholt Gohmert Sa´ nchez, Linda Farr McNerney Titus Davis (AL) Kagen Olver Brady (PA) Murphy, Patrick T. Fattah Meek (FL) Tonko Davis (CA) Kanjorski Ortiz Braley (IA) Nunes Speier Filner Meeks (NY) Tsongas Davis (IL) Kaptur Pallone Capuano Rogers (MI) Stupak Foster Melancon Van Hollen Davis (TN) Kennedy Pascrell Frank (MA) Michaud Vela´ zquez DeFazio Kildee Pastor (AZ) Fudge Miller (NC) Visclosky DeGette Kilpatrick (MI) Payne b 1200 Giffords Miller, George Walz Delahunt Kilroy Perlmutter Gonzalez Mitchell Wasserman DeLauro Kind Perriello Mr. LOBIONDO changed his vote Gordon (TN) Mollohan Schultz Dicks Kirkpatrick (AZ) Peters from ‘‘yea’’ to ‘‘nay.’’ Grayson Moore (KS) Waters Dingell Kissell Peterson So the previous question was ordered. Green, Al Moore (WI) Watson Doggett Klein (FL) Pingree (ME) Green, Gene Moran (VA) Watt Donnelly (IN) Kosmas Polis (CO) The result of the vote was announced Grijalva Murphy (CT) Waxman Doyle Kucinich Pomeroy as above recorded.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12379 Weiner Wilson (OH) Wu HOUSE OF REPRESENTATIVES, ervation or purpose of evasion; and Welch Woolsey Yarmuth Washington, DC, November 4, 2009. that you will well and faithfully dis- NAYS—182 Hon. NANCY PELOSI, charge the duties of the office on which The Speaker, House of Representatives, Wash- Akin Foxx Minnick you are about to enter, so help you ington, DC. Alexander Franks (AZ) Moran (KS) God. Altmire Frelinghuysen Murphy (NY) DEAR MADAM SPEAKER: I have the honor to transmit herewith a facsimile copy of a let- The SPEAKER. Congratulations. You Austria Gallegly Murphy, Tim are now a Member of the 111th Con- Bachmann Gerlach Myrick ter received from Ms. Cathy Mitchell, Chief Bachus Gingrey (GA) Neugebauer of the Elections Division of the California gress. Barrett (SC) Goodlatte Olson Secretary of State’s office, indicating that, f Bartlett Granger Paul according to the unofficial returns of the Barton (TX) Graves Paulsen Special Election held November 3, 2009, the WELCOMING THE HONORABLE Biggert Griffith Pence JOHN GARAMENDI TO THE Bilbray Guthrie Honorable John Garamendi was elected Rep- Petri HOUSE OF REPRESENTATIVES Bilirakis Hall (TX) Pitts resentative to Congress for the Tenth Con- Bishop (UT) Harper Platts gressional District, State of California. The SPEAKER. The gentleman from Blackburn Hastings (WA) Posey With best wishes, I am California (Mr. STARK) is recognized for Blunt Heller Price (GA) Sincerely, Boccieri Hensarling 1 minute. Putnam LORRAINE C. MILLER, Boehner Herger Radanovich Mr. STARK. Madam Speaker, as Bonner Hill Clerk. Rehberg Enclosure. Dean of the California delegation, it is Bono Mack Hoekstra Reichert my pleasure to introduce the newest Boozman Hunter Roe (TN) Boustany Inglis addition to our delegation, JOHN Rogers (AL) STATE OF CALIFORNIA, Brady (TX) Issa ARAMENDI Rogers (KY) SECRETARY OF STATE, G . He and his wife, Patti, Broun (GA) Jenkins Rohrabacher Sacramento, CA, November 4, 2009. began their years of public service as Brown (SC) Johnson (IL) Rooney Hon. LORRAINE C. MILLER, Peace Corps volunteers in Ethiopia. Brown-Waite, Johnson, Sam Ros-Lehtinen Ginny Jones Clerk, House of Representatives, The Capitol, Since then, JOHN has spent over 27 Roskam Buchanan Jordan (OH) Washington, DC. years serving the people of California Royce Burgess King (IA) DEAR MS. MILLER: This is to advise you Ryan (WI) in the State Assembly, as Insurance Burton (IN) King (NY) that the unofficial results of the Special Scalise Buyer Kingston Commissioner, and as Lieutenant Gov- Schmidt Election held on Tuesday, November 3, 2009, ernor, and he helped preserve our Na- Calvert Kirk for Representative in Congress from the Camp Kline (MN) Schock tion’s parks and wildlife as President Sensenbrenner Tenth Congressional District of California, Campbell Kratovil Clinton’s Deputy Secretary of the Inte- Cantor Lamborn Sessions show that John Garamendi received 66,311 Cao Lance Shadegg votes or 52.98% of the total number of votes rior. Capito Latham Shimkus cast for that office. As we prepare to enact health care Carney LaTourette Shuler According to the unofficial results, John reform, JOHN will lend an effective Carter Latta Shuster Garamendi has been elected as Representa- voice to that effort. As California’s In- Cassidy Lee (NY) Simpson Smith (NE) tive in Congress from the Tenth Congres- surance Commissioner, he learned the Castle Lewis (CA) sional District of California. Chaffetz Linder Smith (NJ) problems families face when trying to Childers LoBiondo Smith (TX) To the best of the Secretary of State’s buy health coverage. He is an expert on Coble Lucas Souder knowledge and belief at this time, there is no insurance regulation, and his perspec- Stearns contest to this election. Coffman (CO) Luetkemeyer tive will be of great value. Cole Lummis Sullivan As soon as the official results are certified Conaway Lungren, Daniel Taylor to this office by Alameda, Contra Costa, Sac- Please join me in welcoming John Terry Crenshaw E. ramento, and Solano counties, an official Garamendi, his wife Patti, their six Thompson (PA) Culberson Mack Certificate of Election will be prepared for children, and nine grandchildren to our Davis (KY) Manzullo Thornberry congressional family. Deal (GA) Marchant Tiahrt transmittal as required by law. Dent McCarthy (CA) Tiberi Sincerely, I would like at this time to yield to Diaz-Balart, L. McCaul Turner CATHY MITCHELL, the distinguished ranking Republican, Diaz-Balart, M. McClintock Upton Chief, Elections Division. Congressman DREIER. Dreier McCotter Walden Mr. DREIER. Madam Speaker, I Duncan McHenry Wamp f Ehlers McKeon Westmoreland thank my good friend, Mr. STARK, for Emerson McMorris Whitfield SWEARING IN OF THE HONORABLE yielding, and I want to join from our Fallin Rodgers Wilson (SC) JOHN GARAMENDI, OF CALI- side of the aisle in extending congratu- Flake Mica Wittman FORNIA, AS A MEMBER OF THE lations to Governor GARAMENDI. It is Fleming Miller (FL) Wolf HOUSE Forbes Miller (MI) Young (AK) interesting that he is now part of a Fortenberry Miller, Gary Young (FL) Mr. STARK. Madam Speaker, I ask long-standing tradition of the relation- ship between California’s congressional NOT VOTING—17 unanimous consent that the gentleman delegation and the Office of Lieutenant Aderholt Ellsworth Rogers (MI) from California, the Honorable JOHN Andrews Garrett (NJ) Sa´ nchez, Linda GARAMENDI, be permitted to take the Governor of California. Brady (PA) Gohmert T. oath of office today. As I look across the aisle at my Braley (IA) Murphy, Patrick Stupak His certificate of election has not ar- friend Mr. STARK and many others, we Capuano Nunes Towns have had the privilege of serving with Delahunt Poe (TX) Wexler rived, but there is no contest and no question has been raised with regard to two former Lieutenant Governors who ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE his election. came to the House of Representatives, The SPEAKER pro tempore (during The SPEAKER. Is there objection to Glenn Anderson and Mervyn Dymally, the vote). There are 2 minutes remain- the request of the gentleman from and of course, the very distinguished ing on the vote. California? opponent Mr. GARAMENDI had, David There was no objection. Harmer’s father, John Harmer, served b 1208 The SPEAKER. Will the Representa- as Ronald Reagan’s Lieutenant Gov- So the resolution was agreed to. tive-elect and the members of the Cali- ernor. And so I know that this is an- other in that long list of challenges The result of the vote was announced fornia delegation present themselves in that Mr. GARAMENDI will face, and I as above recorded. the well. hope very much, Madam Speaker, that A motion to reconsider was laid on Mr. GARAMENDI appeared at the bar we will be able to work together in a the table. of the House and took the oath of of- bipartisan way to address the needs of fice, as follows: f our State and our Nation as well. Do you solemnly swear or affirm that We extend congratulations. you will support and defend the Con- COMMUNICATION FROM THE stitution of the United States against b 1215 CLERK OF THE HOUSE all enemies, foreign and domestic; that The SPEAKER. Without objection, The SPEAKER laid before the House you will bear true faith and allegiance the gentleman from California, Rep- the following communication from the to the same; that you take this obliga- resentative JOHN GARAMENDI, is recog- Clerk of the House of Representatives: tion freely, without any mental res- nized for 1 minute.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12380 CONGRESSIONAL RECORD — HOUSE November 5, 2009 There was no objection. tion to suspend the rules and agree to Michaud Reyes Souder Miller (NC) Richardson Space Mr. GARAMENDI. Madam Speaker, the resolution, H. Res. 868, on which Miller, Gary Rodriguez Speier it is a great privilege, indeed, I suspect the yeas and nays were ordered. Miller, George Roe (TN) Spratt the greatest privilege, a person could The Clerk read the title of the resolu- Minnick Rogers (AL) Stark have to stand in the well of the House tion. Mitchell Rohrabacher Sutton Mollohan Rooney Tanner of Representatives of the United States The SPEAKER pro tempore. The Moore (KS) Ros-Lehtinen Taylor of America and address this august question is on the motion offered by Moore (WI) Roskam Teague body. It is a privilege that I shall al- the gentlewoman from California (Mrs. Moran (KS) Ross Terry Moran (VA) Rothman (NJ) Thompson (CA) ways remember, and I will always re- DAVIS) that the House suspend the Murphy (CT) Roybal-Allard Thompson (MS) member this particular moment. rules and agree to the resolution, H. Murphy (NY) Ruppersberger Thornberry Allow me a moment, if I might, of Res. 868. Murphy, Tim Rush Tiberi personal privilege to introduce my wife Murtha Ryan (OH) Tierney The vote was taken by electronic de- Nadler (NY) Ryan (WI) Titus of almost 44 years, Patti. She is de- vice, and there were—yeas 366, nays 0, Napolitano Salazar Tonko lighted to return, at least in part, to not voting 67, as follows: Neal (MA) Sanchez, Loretta Towns Nye Sarbanes Tsongas her old stomping grounds here in Wash- [Roll No. 858] ington as the associate director of the Oberstar Scalise Turner YEAS—366 Obey Schakowsky Upton Peace Corps and then as the deputy di- Ortiz Schauer Van Hollen rector of the Foreign Agricultural Abercrombie Davis (IL) Israel Pallone Schiff Vela´ zquez Ackerman Davis (TN) Issa Service in the Department of Agri- Pascrell Schock Visclosky Adler (NJ) Deal (GA) Jackson (IL) Pastor (AZ) Schrader Walden culture. Alexander DeFazio Jackson-Lee Paul Schwartz Walz We have with us our six children. Altmire DeGette (TX) Paulsen Scott (GA) Wasserman They’re there in the gallery, and I Andrews Delahunt Jenkins Payne Scott (VA) Schultz Arcuri DeLauro Johnson (GA) Perlmutter Sensenbrenner Waters think all of you may have seen six of Austria Dent Johnson (IL) Perriello Serrano Watson our nine grandchildren. There are a Baca Diaz-Balart, L. Johnson, E. B. Peters Sessions Watt couple who are testing the H1N1 vac- Bachus Dicks Johnson, Sam Peterson Sestak Waxman Baird Dingell Jones cine back home in California. Petri Shea-Porter Weiner Baldwin Doggett Jordan (OH) Pingree (ME) Sherman Welch Madam Speaker, if I might just tell Barrow Donnelly (IN) Kagen Pitts Shimkus Westmoreland you what a great privilege it is for me Bartlett Doyle Kanjorski Platts Shuler Wexler to be here. I look forward to working Barton (TX) Dreier Kaptur Polis (CO) Simpson Whitfield Bean Driehaus Kennedy Price (NC) Sires Wilson (OH) with all of you on the floor who are Becerra Duncan Kildee Putnam Skelton Wittman here and who are not here today. We Berkley Edwards (MD) Kilpatrick (MI) Quigley Slaughter Wolf have many, many issues that I will Berman Edwards (TX) Kilroy Radanovich Smith (NE) Woolsey Berry Ehlers Kind look forward to addressing. Rahall Smith (NJ) Wu Bilirakis Ellison King (NY) Rangel Smith (TX) Yarmuth I want to congratulate my opponent Bishop (GA) Ellsworth Kingston Rehberg Smith (WA) Young (AK) in the primary, David Harmer, who ran Bishop (NY) Emerson Kirk Reichert Snyder Young (FL) Bishop (UT) Engel Kirkpatrick (AZ) a very solid and, fortunately for me, Blackburn Eshoo Kissell NOT VOTING—67 unsuccessful race but, nonetheless, a Blumenauer Etheridge Klein (FL) Aderholt Fleming Olson very solid race; and he is a very good Bonner Fallin Kline (MN) Akin Foxx Olver Bono Mack Farr Kosmas person. Bachmann Gallegly Pence Boozman Fattah Kratovil I want to thank the voters in my dis- Barrett (SC) Garrett (NJ) Poe (TX) Boren Filner Kucinich Biggert Gingrey (GA) trict and all of the constituents for Boswell Flake Lamborn Pomeroy Bilbray Gohmert Posey their support, giving me this oppor- Boucher Forbes Lance Blunt Granger Boyd Fortenberry Langevin Price (GA) tunity to extend what has been the Boccieri Hastings (WA) Rogers (KY) Brady (TX) Foster Larsen (WA) Boehner Hill most important thing that, I think, Rogers (MI) Bright Frank (MA) Larson (CT) Boustany King (IA) Royce any of us could ever do, and that is to Brown, Corrine Franks (AZ) Latham Brady (PA) Lee (NY) ´ spend our life in public policy, address- Buchanan Frelinghuysen LaTourette Braley (IA) Linder Sanchez, Linda Burton (IN) Fudge Latta T. ing the issues that confront our fellow Broun (GA) Lofgren, Zoe Butterfield Garamendi Lee (CA) Brown (SC) Lummis Schmidt citizens and the world beyond. Calvert Gerlach Levin Brown-Waite, Marchant Shadegg Thank you so very much for the Camp Giffords Lewis (CA) Ginny McMorris Shuster Campbell Gonzalez Lewis (GA) Burgess Rodgers Stearns privilege and honor. Cantor Goodlatte Lipinski Madam Speaker, thank you. Buyer Mica Stupak Cao Gordon (TN) LoBiondo Capuano Miller (FL) Sullivan Capito Graves Loebsack Carter Miller (MI) Thompson (PA) f Capps Grayson Lowey Chaffetz Murphy, Patrick Tiahrt Cardoza Green, Al Lucas ANNOUNCEMENT BY THE SPEAKER Coffman (CO) Myrick Wamp Carnahan Green, Gene Luetkemeyer Davis (KY) Neugebauer ´ Wilson (SC) The SPEAKER. Under clause 5(d) of Carney Griffith Lujan Diaz-Balart, M. Nunes rule XX, the Chair announces to the Carson (IN) Grijalva Lungren, Daniel Cassidy Guthrie E. b 1237 House that, in light of the administra- Castle Gutierrez Lynch tion of the oath to the gentleman from Castor (FL) Hall (NY) Mack So (two-thirds being in the affirma- California, the whole number of the Chandler Hall (TX) Maffei tive) the rules were suspended and the House is 434. Childers Halvorson Maloney resolution was agreed to. Chu Hare Manzullo The result of the vote was announced f Clarke Harman Markey (CO) Clay Harper Markey (MA) as above recorded. ANNOUNCEMENT BY THE SPEAKER Cleaver Hastings (FL) Marshall A motion to reconsider was laid on PRO TEMPORE Clyburn Heinrich Massa the table. Coble Heller Matheson Stated for: The SPEAKER pro tempore (Mr. Cohen Hensarling Matsui Cole Herger McCarthy (CA) Mr. STEARNS. Mr. Speaker, on rollcall No. HOLDEN). Without objection, 5-minute Conaway Herseth Sandlin McCarthy (NY) 858, I was inadvertently detained. Had I been voting will continue. Connolly (VA) Higgins McCaul present, I would have voted ‘‘yea.’’ Mr. DREIER. I object. Conyers Himes McClintock Mr. COFFMAN of Colorado. Mr. Speaker, The SPEAKER pro tempore. Objec- Cooper Hinchey McCollum Costa Hinojosa McCotter on rollcall No. 858, I was unavoidably de- tion is heard. Costello Hirono McDermott tained. Had I been present, I would have f Courtney Hodes McGovern voted ‘‘yea.’’ Crenshaw Hoekstra McHenry Mr. MICA. Mr. Speaker, on rollcall No. 858, HONORING CURRENT AND FORMER Crowley Holden McIntyre Cuellar Holt McKeon I was unavoidably detained. Had I been FEMALE MEMBERS OF THE Culberson Honda McMahon present, I would have voted ‘‘yea.’’ ARMED FORCES Cummings Hoyer McNerney Mrs. BIGGERT. Mr. Speaker, on rollcall No. Dahlkemper Hunter Meek (FL) The SPEAKER pro tempore. The un- Davis (AL) Inglis Meeks (NY) 858, honoring and recognizing the service and finished business is the vote on the mo- Davis (CA) Inslee Melancon achievements of current and former female

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12381 members of the Armed Forces I was absent. SEC. 2. REVISIONS TO SECOND-TIER BENEFITS. to any week of unemployment commencing be- Had I been present, I would have voted ‘‘yea.’’ (a) IN GENERAL.—Section 4002(c) of the Sup- fore the date of the enactment of this Act. Mr. BUYER. Mr. Speaker, on rollcall No. plemental Appropriations Act, 2008 (Public Law SEC. 4. FOURTH-TIER EMERGENCY UNEMPLOY- 858, I was unavoidably detained and therefore 110–252; 26 U.S.C. 3304 note) is amended— MENT COMPENSATION. (1) in paragraph (1)— did not vote on passage of H. Res. 868, hon- (a) IN GENERAL.—Section 4002 of the Supple- (A) in the matter preceding subparagraph (A), mental Appropriations Act, 2008 (Public Law oring and recognizing the service and achieve- by striking ‘‘If’’ and all that follows through 110–252; 26 U.S.C. 3304 note), as amended by sec- ments of current and former female members ‘‘paragraph (2))’’ and inserting ‘‘At the time tion 3(a), is amended by adding at the end the of the Armed Forces. Had I been present, I that the amount established in an individual’s following new subsection: would have voted ‘‘yea.’’ account under subsection (b)(1) is exhausted’’; ‘‘(e) FOURTH-TIER EMERGENCY UNEMPLOY- Mrs. MYRICK. Mr. Speaker, I was unable to (B) in subparagraph (A), by striking ‘‘50 per- MENT COMPENSATION.— participate in the following vote. If I had been cent’’ and inserting ‘‘54 percent’’; and ‘‘(1) IN GENERAL.—If, at the time that the present, I would have voted as follows: Roll- (C) in subparagraph (B), by striking ‘‘13’’ and amount added to an individual’s account under call vote 858, on motion to suspend the rules inserting ‘‘14’’; subsection (d)(1) (third-tier emergency unem- (2) by striking paragraph (2); and ployment compensation) is exhausted or at any and agree—H. Res. 868, honoring and recog- (3) by redesignating paragraph (3) as para- nizing the service and achievements of current time thereafter, such individual’s State is in an graph (2). extended benefit period (as determined under and former female members of the Armed (b) EFFECTIVE DATE.—The amendments made paragraph (2)), such account shall be further Forces—I would have voted ‘‘yea.’’ by this section shall apply as if included in the augmented by an amount (hereinafter ‘fourth- Mr. THOMPSON of Pennsylvania. Mr. enactment of the Supplemental Appropriations tier emergency unemployment compensation’) Speaker, on rollcall No. 858, I was uninten- Act, 2008, except that no amount shall be pay- equal to the lesser of— tionally late upon return to the House Cham- able by virtue of such amendments with respect ‘‘(A) 24 percent of the total amount of regular ber and consequently missed this vote due to to any week of unemployment commencing be- compensation (including dependents’ allow- fore the date of the enactment of this Act. a meeting with my constituents who traveled ances) payable to the individual during the in- SEC. 3. THIRD-TIER EMERGENCY UNEMPLOY- dividual’s benefit year under the State law; or to Washington, DC, to voice their opposition of MENT COMPENSATION. pending health care legislation. I most cer- ‘‘(B) 6 times the individual’s average weekly (a) IN GENERAL.—Section 4002 of the Supple- benefit amount (as determined under subsection tainly share overwhelming sense of the House mental Appropriations Act, 2008 (Public Law (b)(2)) for the benefit year. in honoring and recognizing the service and 110–252; 26 U.S.C. 3304 note) is amended by add- ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur- achievements of current and former female ing at the end the following new subsection: poses of paragraph (1), a State shall be consid- members of the Armed Forces. Had I been ‘‘(d) THIRD-TIER EMERGENCY UNEMPLOYMENT ered to be in an extended benefit period, as of present, I would have voted ‘‘yea.’’ COMPENSATION.— any given time, if— Ms. FOXX. Mr. Speaker, on rollcall No. 858, ‘‘(1) IN GENERAL.—If, at the time that the ‘‘(A) such a period would then be in effect for I was unavoidably detained but as a co-spon- amount added to an individual’s account under such State under such Act if section 203(d) of subsection (c)(1) (hereinafter ‘second-tier emer- sor of the resolution I would have voted ‘‘yea.’’ such Act— gency unemployment compensation’) is ex- ‘‘(i) were applied by substituting ‘6’ for ‘5’ Mr. GINGREY of Georgia. Mr. Speaker, on hausted or at any time thereafter, such individ- rollcall No. 858, I was unavoidably detained. each place it appears; and ual’s State is in an extended benefit period (as ‘‘(ii) did not include the requirement under Had I been present, I would have voted ‘‘yea.’’ determined under paragraph (2)), such account paragraph (1)(A) thereof; or Mr. WILSON of South Carolina. Mr. Speak- shall be further augmented by an amount (here- ‘‘(B) such a period would then be in effect for er, today I missed a rollcall vote. Unfortunately inafter ‘third-tier emergency unemployment such State under such Act if— I missed this vote due to a scheduling conflict. compensation’) equal to the lesser of— ‘‘(i) section 203(f) of such Act were applied to Had I been present I would have voted ‘‘(A) 50 percent of the total amount of regular such State (regardless of whether the State by ‘‘yea’’ on rollcall vote No. 858, On Motion to compensation (including dependents’ allow- law had provided for such application); and Suspend the Rules and Pass, H. Res. 868, ances) payable to the individual during the in- ‘‘(ii) such section 203(f)— honoring and recognizing the service and dividual’s benefit year under the State law; or ‘‘(I) were applied by substituting ‘8.5’ for ‘6.5’ ‘‘(B) 13 times the individual’s average weekly in paragraph (1)(A)(i) thereof; and achievements of current and former female benefit amount (as determined under subsection members of the Armed Forces. ‘‘(II) did not include the requirement under (b)(2)) for the benefit year. paragraph (1)(A)(ii) thereof. ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur- f ‘‘(3) LIMITATION.—The account of an indi- poses of paragraph (1), a State shall be consid- ANNOUNCEMENT BY THE SPEAKER vidual may be augmented not more than once ered to be in an extended benefit period, as of under this subsection.’’. PRO TEMPORE any given time, if— (b) CONFORMING AMENDMENT TO NON-AUG- ‘‘(A) such a period would then be in effect for The SPEAKER pro tempore. Pursu- MENTATION RULE.—Section 4007(b)(2) of the such State under such Act if section 203(d) of ant to clause 8 of rule XX, the Chair Supplemental Appropriations Act, 2008 (Public such Act— will postpone further proceedings Law 110–252; 26 U.S.C. 3304 note), as amended ‘‘(i) were applied by substituting ‘4’ for ‘5’ by section 3(b), is amended— today on motions to suspend the rules each place it appears; and (1) by striking ‘‘and (d)’’ and inserting ‘‘, (d), on which a recorded vote or the yeas ‘‘(ii) did not include the requirement under and (e) of section 4002’’; and and nays are ordered, or on which the paragraph (1)(A) thereof; or (2) by striking ‘‘or (d)’’ and inserting ‘‘, (d), or vote incurs objection under clause 6 of ‘‘(B) such a period would then be in effect for (e) (as the case may be))’’. rule XX. such State under such Act if— (c) EFFECTIVE DATE.—The amendments made ‘‘(i) section 203(f) of such Act were applied to Record votes on postponed questions by this section shall apply as if included in the such State (regardless of whether the State by will be taken later today. enactment of the Supplemental Appropriations law had provided for such application); and f ‘‘(ii) such section 203(f)— Act, 2008, except that no amount shall be pay- ‘‘(I) were applied by substituting ‘6.0’ for ‘6.5’ able by virtue of such amendments with respect UNEMPLOYMENT COMPENSATION to any week of unemployment commencing be- EXTENSION ACT OF 2009 in paragraph (1)(A)(i) thereof; and ‘‘(II) did not include the requirement under fore the date of the enactment of this Act. Mr. RANGEL. Mr. Speaker, I move to paragraph (1)(A)(ii) thereof. SEC. 5. COORDINATION. suspend the rules and concur in the ‘‘(3) LIMITATION.—The account of an indi- Section 4002 of the Supplemental Appropria- Senate amendment to the bill (H.R. vidual may be augmented not more than once tions Act, 2008 (Public Law 110–252; 26 U.S.C. 3548) to amend the Supplemental Ap- under this subsection.’’. 3304 note), as amended by section 4, is amended propriations Act, 2008 to provide for (b) CONFORMING AMENDMENT TO NON-AUG- by adding at the end the following new sub- the temporary availability of certain MENTATION RULE.—Section 4007(b)(2) of the section: ‘‘(f) COORDINATION RULES.— additional emergency unemployment Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is amended— ‘‘(1) COORDINATION WITH EXTENDED COM- compensation, and for other purposes. (1) by striking ‘‘then section 4002(c)’’ and in- PENSATION.—Notwithstanding an election under The Clerk read the title of the bill. serting ‘‘then subsections (c) and (d) of section section 4001(e) by a State to provide for the pay- The text of the Senate amendment is 4002’’; and ment of emergency unemployment compensation as follows: (2) by striking ‘‘paragraph (2) of such sec- prior to extended compensation, such State may Senate amendment: tion)’’ and inserting ‘‘paragraph (2) of such pay extended compensation to an otherwise eli- Strike all after the enacting clause and in- subsection (c) or (d) (as the case may be))’’. gible individual prior to any emergency unem- sert the following: (c) EFFECTIVE DATE.—The amendments made ployment compensation under subsection (c), SECTION 1. SHORT TITLE. by this section shall apply as if included in the (d), or (e) (by reason of the amendments made This Act may be cited as the ‘‘Worker, Home- enactment of the Supplemental Appropriations by sections 2, 3, and 4 of the Worker, Homeown- ownership, and Business Assistance Act of Act, 2008, except that no amount shall be pay- ership, and Business Assistance Act of 2009), if 2009’’. able by virtue of such amendments with respect such individual claimed extended compensation

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for at least 1 week of unemployment after the SEC. 9. ADDITIONAL EXTENDED UNEMPLOYMENT (b) SPECIAL RULE FOR LONG-TIME RESIDENTS exhaustion of emergency unemployment com- BENEFITS UNDER THE RAILROAD OF SAME PRINCIPAL RESIDENCE.—Subsection (c) pensation under subsection (b) (as such sub- UNEMPLOYMENT INSURANCE ACT. of section 36 of the Internal Revenue Code of section was in effect on the day before the date (a) BENEFITS.—Section 2(c)(2)(D) of the Rail- 1986 is amended by adding at the end the fol- of the enactment of this subsection). road Unemployment Insurance Act, as added by lowing new paragraph: ‘‘(2) COORDINATION WITH TIERS II, III, AND section 2006 of the American Recovery and Rein- ‘‘(6) EXCEPTION FOR LONG-TIME RESIDENTS OF IV.—If a State determines that implementation vestment Act of 2009 (Public Law 111–5), is SAME PRINCIPAL RESIDENCE.—In the case of an of the increased entitlement to second-tier emer- amended— individual (and, if married, such individual’s gency unemployment compensation by reason of (1) in clause (iii)— spouse) who has owned and used the same resi- the amendments made by section 2 of the Work- (A) by striking ‘‘June 30, 2009’’ and inserting dence as such individual’s principal residence er, Homeownership, and Business Assistance ‘‘June 30, 2010’’; and for any 5-consecutive-year period during the 8- Act of 2009 would unduly delay the prompt pay- (B) by striking ‘‘December 31, 2009’’ and in- year period ending on the date of the purchase ment of emergency unemployment compensation serting ‘‘December 31, 2010’’; and of a subsequent principal residence, such indi- under this title by reason of the amendments (2) by adding at the end of clause (iv) the fol- vidual shall be treated as a first-time homebuyer made by such Act, such State may elect to pay lowing: ‘‘In addition to the amount appro- for purposes of this section with respect to the third-tier emergency unemployment compensa- priated by the preceding sentence, out of any purchase of such subsequent residence.’’. funds in the Treasury not otherwise appro- tion prior to the payment of such increased sec- (c) MODIFICATION OF DOLLAR AND INCOME priated, there are appropriated $175,000,000 to ond-tier emergency unemployment compensation LIMITATIONS.— until such time as such State determines that cover the cost of additional extended unemploy- (1) DOLLAR LIMITATION.—Subsection (b)(1) of such increased second-tier emergency unemploy- ment benefits provided under this subpara- section 36 of the Internal Revenue Code of 1986 ment compensation may be paid without such graph, to remain available until expended.’’. is amended by adding at the end the following (b) ADMINISTRATIVE EXPENSES.—Section 2006 undue delay. If a State makes the election under new subparagraph: of division B of the American Recovery and Re- the preceding sentence, then, for purposes of de- ‘‘(D) SPECIAL RULE FOR LONG-TIME RESIDENTS investment Act of 2009 (Public Law 111–5; 123 termining whether an account may be aug- OF SAME PRINCIPAL RESIDENCE.—In the case of a Stat. 445) is amended by adding at the end of mented for fourth-tier emergency unemployment taxpayer to whom a credit under subsection (a) subsection (b) the following: ‘‘In addition to compensation under subsection (e), such State is allowed by reason of subsection (c)(6), sub- funds appropriated by the preceding sentence, shall treat the date of exhaustion of such in- paragraphs (A), (B), and (C) shall be applied by out of any funds in the Treasury not otherwise creased second-tier emergency unemployment substituting ‘$6,500’ for ‘$8,000’ and ‘$3,250’ for appropriated, there are appropriated to the compensation as the date of exhaustion of third- ‘$4,000’.’’. Railroad Retirement Board $807,000 to cover the tier emergency unemployment compensation, if (2) INCOME LIMITATION.—Subsection administrative expenses associated with the such date is later than the date of exhaustion of (b)(2)(A)(i)(II) of section 36 of such Code is payment of additional extended unemployment the third-tier emergency unemployment com- amended by striking ‘‘$75,000 ($150,000’’ and in- benefits under section 2(c)(2)(D) of the Railroad pensation.’’. serting ‘‘$125,000 ($225,000’’. Unemployment Insurance Act, to remain avail- (d) LIMITATION ON PURCHASE PRICE OF RESI- SEC. 6. TRANSFER OF FUNDS. able until expended.’’. Section 4004(e)(1) of the Supplemental Appro- DENCE.—Subsection (b) of section 36 of the In- SEC. 10. 0.2 PERCENT FUTA SURTAX. priations Act, 2008 (Public Law 110–252; 26 ternal Revenue Code of 1986 is amended by add- (a) IN GENERAL.—Section 3301 of the Internal U.S.C. 3304 note) is amended by striking ‘‘Act;’’ ing at the end the following new paragraph: Revenue Code of 1986 (relating to rate of tax) is ‘‘(3) LIMITATION BASED ON PURCHASE PRICE.— and inserting ‘‘Act and sections 2, 3, and 4 of amended— No credit shall be allowed under subsection (a) the Worker, Homeownership, and Business As- (1) by striking ‘‘through 2009’’ in paragraph for the purchase of any residence if the pur- sistance Act of 2009;’’. (1) and inserting ‘‘through 2010 and the first 6 chase price of such residence exceeds $800,000.’’. SEC. 7. EXPANSION OF MODERNIZATION GRANTS months of calendar year 2011’’, (e) WAIVER OF RECAPTURE OF FIRST-TIME FOR UNEMPLOYMENT RESULTING (2) by striking ‘‘calendar year 2010’’ in para- HOMEBUYER CREDIT FOR INDIVIDUALS ON QUALI- FROM COMPELLING FAMILY REASON. graph (2) and inserting ‘‘the remainder of cal- FIED OFFICIAL EXTENDED DUTY.—Paragraph (4) (a) IN GENERAL.—Clause (i) of section endar year 2011’’, and of section 36(f) of the Internal Revenue Code of 903(f)(3)(B) of the Social Security Act (42 U.S.C. (3) by inserting ‘‘(or portion of the calendar 1986 is amended by adding at the end the fol- 1103(f)(3)(B)) is amended to read as follows: year)’’ after ‘‘during the calendar year’’. lowing new subparagraph: ‘‘(i) One or both of the following offenses as (b) EFFECTIVE DATE.—The amendments made ‘‘(E) SPECIAL RULE FOR MEMBERS OF THE selected by the State, but in making such selec- by this section shall apply to wages paid after ARMED FORCES, ETC.— tion, the resulting change in the State law shall December 31, 2009. ‘‘(i) IN GENERAL.—In the case of the disposi- not supercede any other provision of law relat- tion of a principal residence by an individual ing to unemployment insurance to the extent SEC. 11. EXTENSION AND MODIFICATION OF FIRST-TIME HOMEBUYER TAX CRED- (or a cessation referred to in paragraph (2)) that such other provision provides broader ac- IT. after December 31, 2008, in connection with Gov- cess to unemployment benefits for victims of (a) EXTENSION OF APPLICATION PERIOD.— ernment orders received by such individual, or such selected offense or offenses: (1) IN GENERAL.—Subsection (h) of section 36 such individual’s spouse, for qualified official ‘‘(I) Domestic violence, verified by such rea- of the Internal Revenue Code of 1986 is amend- extended duty service— sonable and confidential documentation as the ed— ‘‘(I) paragraph (2) and subsection (d)(2) shall State law may require, which causes the indi- (A) by striking ‘‘December 1, 2009’’ and insert- not apply to such disposition (or cessation), and vidual reasonably to believe that such individ- ing ‘‘May 1, 2010’’, ‘‘(II) if such residence was acquired before ual’s continued employment would jeopardize (B) by striking ‘‘SECTION.—This section’’ and January 1, 2009, paragraph (1) shall not apply the safety of the individual or of any member of inserting ‘‘SECTION.— to the taxable year in which such disposition (or the individual’s immediate family (as defined by ‘‘(1) IN GENERAL.—This section’’, and cessation) occurs or any subsequent taxable the Secretary of Labor); and (C) by adding at the end the following new year. ‘‘(II) Sexual assault, verified by such reason- paragraph: ‘‘(ii) QUALIFIED OFFICIAL EXTENDED DUTY able and confidential documentation as the ‘‘(2) EXCEPTION IN CASE OF BINDING CON- SERVICE.—For purposes of this section, the term State law may require, which causes the indi- TRACT.—In the case of any taxpayer who enters ‘qualified official extended duty service’ means vidual reasonably to believe that such individ- into a written binding contract before May 1, service on qualified official extended duty as— ual’s continued employment would jeopardize 2010, to close on the purchase of a principal resi- ‘‘(I) a member of the uniformed services, the safety of the individual or of any member of dence before July 1, 2010, paragraph (1) shall be ‘‘(II) a member of the Foreign Service of the the individual’s immediate family (as defined by applied by substituting ‘July 1, 2010’ for ‘May 1, United States, or the Secretary of Labor).’’. 2010’.’’. ‘‘(III) an employee of the intelligence commu- (b) EFFECTIVE DATE.—The amendment made (2) WAIVER OF RECAPTURE.— nity. by this section shall apply with respect to State (A) IN GENERAL.—Subparagraph (D) of section ‘‘(iii) DEFINITIONS.—Any term used in this applications submitted on and after January 1, 36(f)(4) of such Code is amended by striking ‘‘, subparagraph which is also used in paragraph 2010. and before December 1, 2009’’. (9) of section 121(d) shall have the same mean- SEC. 8. TREATMENT OF ADDITIONAL REGULAR (B) CONFORMING AMENDMENT.—The heading ing as when used in such paragraph.’’. COMPENSATION. of such subparagraph (D) is amended by insert- (f) EXTENSION OF FIRST-TIME HOMEBUYER The monthly equivalent of any additional ing ‘‘AND 2010’’ after ‘‘2009’’. CREDIT FOR INDIVIDUALS ON QUALIFIED OFFI- compensation paid by reason of section 2002 of (3) ELECTION TO TREAT PURCHASE IN PRIOR CIAL EXTENDED DUTY OUTSIDE THE UNITED the Assistance for Unemployed Workers and YEAR.—Subsection (g) of section 36 of such Code STATES.— Struggling Families Act, as contained in Public is amended to read as follows: (1) IN GENERAL.—Subsection (h) of section 36 Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 438) ‘‘(g) ELECTION TO TREAT PURCHASE IN PRIOR of the Internal Revenue Code of 1986, as amend- shall be disregarded after the date of the enact- YEAR.—In the case of a purchase of a principal ed by subsection (a), is amended by adding at ment of this Act in considering the amount of residence after December 31, 2008, a taxpayer the end the following: income and assets of an individual for purposes may elect to treat such purchase as made on De- ‘‘(3) SPECIAL RULE FOR INDIVIDUALS ON QUALI- of determining such individual’s eligibility for, cember 31 of the calendar year preceding such FIED OFFICIAL EXTENDED DUTY OUTSIDE THE or amount of, benefits under the Supplemental purchase for purposes of this section (other than UNITED STATES.—In the case of any individual Nutrition Assistance Program (SNAP). subsections (c), (f)(4)(D), and (h)).’’. who serves on qualified official extended duty

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 6333 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12383 service (as defined in section 121(d)(9)(C)(i)) Revenue Code of 1986 is amended by inserting graph (2) shall be made to take into account the outside the United States for at least 90 days ‘‘(or, if married, such individual’s spouse)’’ limitation of subclause (I). during the period beginning after December 31, after ‘‘person acquiring such property’’. ‘‘(III) EXCEPTION FOR 2008 ELECTIONS BY 2008, and ending before May 1, 2010, and, if (d) CERTAIN ERRORS WITH RESPECT TO THE SMALL BUSINESSES.—Subclause (I) shall not married, such individual’s spouse— FIRST-TIME HOMEBUYER TAX CREDIT TREATED apply to any loss of an eligible small business ‘‘(A) paragraphs (1) and (2) shall each be ap- AS MATHEMATICAL OR CLERICAL ERRORS.—Para- with respect to any election made under this plied by substituting ‘May 1, 2011’ for ‘May 1, graph (2) of section 6213(g) the Internal Rev- subparagraph as in effect on the day before the 2010’, and enue Code of 1986, as amended by this Act, is date of the enactment of the Worker, Homeown- ‘‘(B) paragraph (2) shall be applied by sub- amended by striking ‘‘and’’ at the end of sub- ership, and Business Assistance Act of 2009. stituting ‘July 1, 2011’ for ‘July 1, 2010’.’’. paragraph (N), by striking the period at the end ‘‘(v) SPECIAL RULES FOR SMALL BUSINESS.— (g) DEPENDENTS INELIGIBLE FOR CREDIT.— of subparagraph (O) and inserting ‘‘, and’’, and ‘‘(I) IN GENERAL.—In the case of an eligible Subsection (d) of section 36 of the Internal Rev- by inserting after subparagraph (O) the fol- small business which made or makes an election enue Code of 1986 is amended by striking ‘‘or’’ lowing new subparagraph: under this subparagraph as in effect on the day at the end of paragraph (1), by striking the pe- ‘‘(P) an entry on a return claiming the credit before the date of the enactment of the Worker, riod at the end of paragraph (2) and inserting ‘‘, under section 36 if— Homeownership, and Business Assistance Act of or’’, and by adding at the end the following new ‘‘(i) the Secretary obtains information from 2009, clause (iii)(I) shall be applied by sub- paragraph: the person issuing the TIN of the taxpayer that stituting ‘2 taxable years’ for ‘1 taxable year’. ‘‘(3) a deduction under section 151 with re- indicates that the taxpayer does not meet the ‘‘(II) ELIGIBLE SMALL BUSINESS.—For purposes spect to such taxpayer is allowable to another age requirement of section 36(b)(4), of this subparagraph, the term ‘eligible small taxpayer for such taxable year.’’. ‘‘(ii) information provided to the Secretary by business’ has the meaning given such term by (h) IRS MATHEMATICAL ERROR AUTHORITY.— the taxpayer on an income tax return for at subparagraph (F)(iii), except that in applying Paragraph (2) of section 6213(g) of the Internal least one of the 2 preceding taxable years is in- such subparagraph, section 448(c) shall be ap- Revenue Code of 1986 is amended— consistent with eligibility for such credit, or plied by substituting ‘$15,000,000’ for ‘$5,000,000’ (1) by striking ‘‘and’’ at the end of subpara- ‘‘(iii) the taxpayer fails to attach to the return each place it appears.’’. graph (M), the form described in section 36(d)(4).’’. (b) ALTERNATIVE TAX NET OPERATING LOSS (2) by striking the period at the end of sub- (e) EFFECTIVE DATE.— DEDUCTION.—Subclause (I) of section paragraph (N) and inserting ‘‘, and’’, and (1) IN GENERAL.—Except as otherwise provided 56(d)(1)(A)(ii) of the Internal Revenue Code of (3) by inserting after subparagraph (N) the in this subsection, the amendments made by this 1986 is amended to read as follows: following new subparagraph: section shall apply to purchases after the date ‘‘(I) the amount of such deduction attrib- ‘‘(O) an omission of any increase required of the enactment of this Act. utable to an applicable net operating loss with under section 36(f) with respect to the recapture (2) DOCUMENTATION REQUIREMENT.—The respect to which an election is made under sec- of a credit allowed under section 36.’’. amendments made by subsection (b) shall apply tion 172(b)(1)(H), or’’. (i) COORDINATION WITH FIRST-TIME HOME- to returns for taxable years ending after the (c) LOSS FROM OPERATIONS OF LIFE INSUR- BUYER CREDIT FOR DISTRICT OF COLUMBIA.— date of the enactment of this Act. ANCE COMPANIES.—Subsection (b) of section 810 Paragraph (4) of section 1400C(e) of the Internal (3) TREATMENT AS MATHEMATICAL AND CLER- of the Internal Revenue Code of 1986 is amended Revenue Code of 1986 is amended by striking ICAL ERRORS.—The amendments made by sub- by adding at the end the following new para- ‘‘and before December 1, 2009,’’. section (d) shall apply to returns for taxable graph: ‘‘(4) CARRYBACK FOR 2008 OR 2009 LOSSES.— (j) EFFECTIVE DATES.— years ending on or after April 9, 2008. ‘‘(A) IN GENERAL.—In the case of an applica- (1) IN GENERAL.—The amendments made by SEC. 13. 5-YEAR CARRYBACK OF OPERATING subsections (b), (c), (d), and (g) shall apply to ble loss from operations with respect to which LOSSES. the taxpayer has elected the application of this residences purchased after the date of the enact- (a) IN GENERAL.—Subparagraph (H) of section ment of this Act. paragraph, paragraph (1)(A) shall be applied by 172(b)(1) of the Internal Revenue Code of 1986 is substituting any whole number elected by the (2) EXTENSIONS.—The amendments made by amended to read as follows: taxpayer which is more than 3 and less than 6 subsections (a), (f), and (i) shall apply to resi- ‘‘(H) CARRYBACK FOR 2008 OR 2009 NET OPER- for ‘3’. dences purchased after November 30, 2009. ATING LOSSES .— ‘‘(B) APPLICABLE LOSS FROM OPERATIONS.— (3) WAIVER OF RECAPTURE.—The amendment ‘‘(i) IN GENERAL.—In the case of an applicable For purposes of this paragraph, the term ‘appli- made by subsection (e) shall apply to disposi- net operating loss with respect to which the tax- tions and cessations after December 31, 2008. cable loss from operations’ means the taxpayer’s payer has elected the application of this sub- loss from operations for a taxable year ending (4) MATHEMATICAL ERROR AUTHORITY.—The paragraph— after December 31, 2007, and beginning before amendments made by subsection (h) shall apply ‘‘(I) subparagraph (A)(i) shall be applied by to returns for taxable years ending on or after January 1, 2010. substituting any whole number elected by the ‘‘(C) ELECTION.— April 9, 2008. taxpayer which is more than 2 and less than 6 ‘‘(i) IN GENERAL.—Any election under this SEC. 12. PROVISIONS TO ENHANCE THE ADMINIS- for ‘2’, paragraph may be made only with respect to 1 TRATION OF THE FIRST-TIME HOME- ‘‘(II) subparagraph (E)(ii) shall be applied by taxable year. BUYER TAX CREDIT. substituting the whole number which is one less ‘‘(ii) PROCEDURE.—Any election under this (a) AGE LIMITATION.— than the whole number substituted under sub- paragraph shall be made in such manner as may (1) IN GENERAL.—Subsection (b) of section 36 clause (I) for ‘2’, and be prescribed by the Secretary, and shall be of the Internal Revenue Code of 1986, as amend- ‘‘(III) subparagraph (F) shall not apply. made by the due date (including extension of ed by this Act, is amended by adding at the end ‘‘(ii) APPLICABLE NET OPERATING LOSS.—For time) for filing the return for the taxpayer’s last the following new paragraph: purposes of this subparagraph, the term ‘appli- taxable year beginning in 2009. Any such elec- ‘‘(4) AGE LIMITATION.—No credit shall be al- cable net operating loss’ means the taxpayer’s tion, once made, shall be irrevocable. lowed under subsection (a) with respect to the net operating loss for a taxable year ending ‘‘(D) LIMITATION ON AMOUNT OF LOSS purchase of any residence unless the taxpayer after December 31, 2007, and beginning before CARRYBACK TO 5TH PRECEDING TAXABLE YEAR.— has attained age 18 as of the date of such pur- January 1, 2010. ‘‘(i) IN GENERAL.—The amount of any loss chase. In the case of any taxpayer who is mar- ‘‘(iii) ELECTION.— from operations which may be carried back to ried (within the meaning of section 7703), the ‘‘(I) IN GENERAL.—Any election under this the 5th taxable year preceding the taxable year taxpayer shall be treated as meeting the age re- subparagraph may be made only with respect to of such loss under subparagraph (A) shall not quirement of the preceding sentence if the tax- 1 taxable year. exceed 50 percent of the taxpayer’s taxable in- payer or the taxpayer’s spouse meets such age ‘‘(II) PROCEDURE.—Any election under this come (computed without regard to the loss from requirement.’’. subparagraph shall be made in such manner as operations for the loss year or any taxable year (2) CONFORMING AMENDMENT.—Subsection (g) may be prescribed by the Secretary, and shall be thereafter) for such preceding taxable year. of section 36 of such Code, as amended by this made by the due date (including extension of ‘‘(ii) CARRYBACKS AND CARRYOVERS TO OTHER Act, is amended by inserting ‘‘(b)(4),’’ before time) for filing the return for the taxpayer’s last TAXABLE YEARS.—Appropriate adjustments in ‘‘(c)’’. taxable year beginning in 2009. Any such elec- the application of the second sentence of para- (b) DOCUMENTATION REQUIREMENT.—Sub- tion, once made, shall be irrevocable. graph (2) shall be made to take into account the section (d) of section 36 of the Internal Revenue ‘‘(iv) LIMITATION ON AMOUNT OF LOSS limitation of clause (i).’’. Code of 1986, as amended by this Act, is amend- CARRYBACK TO 5TH PRECEDING TAXABLE YEAR.— (d) ANTI-ABUSE RULES.—The Secretary of the ed by striking ‘‘or’’ at the end of paragraph (2), ‘‘(I) IN GENERAL.—The amount of any net op- Treasury or the Secretary’s designee shall pre- by striking the period at the end of paragraph erating loss which may be carried back to the scribe such rules as are necessary to prevent the (3) and inserting ‘‘, or’’, and by adding at the 5th taxable year preceding the taxable year of abuse of the purposes of the amendments made end the following new paragraph: such loss under clause (i) shall not exceed 50 by this section, including anti-stuffing rules, ‘‘(4) the taxpayer fails to attach to the return percent of the taxpayer’s taxable income (com- anti-churning rules (including rules relating to of tax for such taxable year a properly executed puted without regard to the net operating loss sale-leasebacks), and rules similar to the rules copy of the settlement statement used to com- for the loss year or any taxable year thereafter) under section 1091 of the Internal Revenue Code plete such purchase.’’. for such preceding taxable year. of 1986 relating to losses from wash sales. (c) RESTRICTION ON MARRIED INDIVIDUAL AC- ‘‘(II) CARRYBACKS AND CARRYOVERS TO OTHER (e) EFFECTIVE DATES.— QUIRING RESIDENCE FROM FAMILY OF SPOUSE.— TAXABLE YEARS.—Appropriate adjustments in (1) IN GENERAL.—Except as otherwise provided Clause (i) of section 36(c)(3)(A) of the Internal the application of the second sentence of para- in this subsection, the amendments made by this

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 6333 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12384 CONGRESSIONAL RECORD — HOUSE November 5, 2009 section shall apply to net operating losses aris- (c) EFFECTIVE DATES.—The amendments made able on the Joint Committee’s Web site ing in taxable years ending after December 31, by this section shall apply to taxable years be- at www.jct.gov and is listed under the 2007. ginning after December 31, 2010. document No. JCX–44–09. (2) ALTERNATIVE TAX NET OPERATING LOSS DE- SEC. 16. INCREASE IN PENALTY FOR FAILURE TO Over 6 weeks ago, the House sent leg- DUCTION.—The amendment made by subsection FILE A PARTNERSHIP OR S COR- (b) shall apply to taxable years ending after De- PORATION RETURN. islation in a bipartisan way to the Sen- cember 31, 2002. (a) IN GENERAL.—Sections 6698(b)(1) and ate to extend unemployment insurance (3) LOSS FROM OPERATIONS OF LIFE INSURANCE 6699(b)(1) of the Internal Revenue Code of 1986 for workers who live in high unemploy- COMPANIES.—The amendment made by sub- are each amended by striking ‘‘$89’’ and insert- ment districts, high unemployment section (d) shall apply to losses from operations ing ‘‘$195’’. States, that have already used all of arising in taxable years ending after December (b) EFFECTIVE DATE.—The amendments made the tiers of the benefits available under 31, 2007. by this section shall apply to returns for taxable current law. Since that time, hundreds (4) TRANSITIONAL RULE.—In the case of any years beginning after December 31, 2009. of thousands of workers have lost or net operating loss (or, in the case of a life insur- SEC. 17. CERTAIN TAX RETURN PREPARERS RE- ance company, any loss from operations) for a QUIRED TO FILE RETURNS ELEC- gone without unemployment com- taxable year ending before the date of the enact- TRONICALLY. pensation. ment of this Act— (a) IN GENERAL.—Subsection (e) of section This committee, with the leadership (A) any election made under section 172(b)(3) 6011 of the Internal Revenue Code of 1986 is and working together in a bipartisan or 810(b)(3) of the Internal Revenue Code of 1986 amended by adding at the end the following way, sent to the Senate a bill which al- with respect to such loss may (notwithstanding new paragraph: lowed an additional 14 weeks of unem- such section) be revoked before the due date (in- ‘‘(3) SPECIAL RULE FOR TAX RETURN PRE- ployment benefits in every State and a cluding extension of time) for filing the return PARERS.— for the taxpayer’s last taxable year beginning in ‘‘(A) IN GENERAL.—The Secretary shall require total of 20 weeks in high unemploy- 2009, and than any individual income tax return prepared ment States. Our committees worked (B) any application under section 6411(a) of by a tax return preparer be filed on magnetic hard together in order to soften the such Code with respect to such loss shall be media if— blow that so many hundreds of thou- treated as timely filed if filed before such due ‘‘(i) such return is filed by such tax return sands of people have felt. date. preparer, and Mr. Speaker, I yield the balance of ‘‘(ii) such tax return preparer is a specified (f) EXCEPTION FOR TARP RECIPIENTS.—The my time to Chairman JIM MCDERMOTT, tax return preparer for the calendar year during amendments made by this section shall not who, over his lifetime, has spent so apply to— which such return is filed. (1) any taxpayer if— ‘‘(B) SPECIFIED TAX RETURN PREPARER.—For much time in trying to improve the (A) the Federal Government acquired before purposes of this paragraph, the term ‘specified quality of lives of those that have suf- the date of the enactment of this Act an equity tax return preparer’ means, with respect to any fered economic deficits in this great interest in the taxpayer pursuant to the Emer- calendar year, any tax return preparer unless country of ours, and with the permis- gency Economic Stabilization Act of 2008, such preparer reasonably expects to file 10 or sion from the Speaker, I ask unani- (B) the Federal Government acquired before fewer individual income tax returns during such mous consent that he be allowed to such date of enactment any warrant (or other calendar year. control that time. right) to acquire any equity interest with respect ‘‘(C) INDIVIDUAL INCOME TAX RETURN.—For to the taxpayer pursuant to the Emergency Eco- purposes of this paragraph, the term ‘individual The SPEAKER pro tempore. Is there nomic Stabilization Act of 2008, or income tax return’ means any return of the tax objection to the request of the gen- (C) such taxpayer receives after such date of imposed by subtitle A on individuals, estates, or tleman from New York? enactment funds from the Federal Government trusts.’’. There was no objection. in exchange for an interest described in sub- (b) CONFORMING AMENDMENT.—Paragraph (1) Mr. MCDERMOTT. Mr. Speaker, I re- paragraph (A) or (B) pursuant to a program es- of section 6011(e) of the Internal Revenue Code serve the balance of my time. tablished under title I of division A of the Emer- of 1986 is amended by striking ‘‘The Secretary Mr. BRADY of Texas. Mr. Speaker, I gency Economic Stabilization Act of 2008 (unless may not’’ and inserting ‘‘Except as provided in yield myself such time as I may con- such taxpayer is a financial institution (as de- paragraph (3), the Secretary may not’’. sume. fined in section 3 of such Act) and the funds are (c) EFFECTIVE DATE.—The amendments made received pursuant to a program established by by this section shall apply to returns filed after (Mr. BRADY of Texas asked and was the Secretary of the Treasury for the stated pur- December 31, 2010. given permission to revise and extend pose of increasing the availability of credit to SEC. 18. TIME FOR PAYMENT OF CORPORATE ES- his remarks.) small businesses using funding made available TIMATED TAXES. Mr. BRADY of Texas. Mr. Speaker, I under such Act), or The percentage under paragraph (1) of section rise in support of key parts of this leg- (2) the Federal National Mortgage Association 202(b) of the Corporate Estimated Tax Shift Act islation. and the Federal Home Loan Mortgage Corpora- of 2009 in effect on the date of the enactment of The bill before us today offers long- tion, and this Act is increased by 33.0 percentage points. term unemployment workers in all (3) any taxpayer which at any time in 2008 or The SPEAKER pro tempore. Pursu- 2009 was or is a member of the same affiliated States 14 weeks of additional unem- group (as defined in section 1504 of the Internal ant to the rule, the gentleman from ployment benefits and provides 20 addi- Revenue Code of 1986, determined without re- New York (Mr. RANGEL) and the gen- tional weeks of benefits in high unem- gard to subsection (b) thereof) as a taxpayer de- tleman from Texas (Mr. BRADY) each ployment States. In all, with the pas- scribed in paragraph (1) or (2). will control 20 minutes. sage of this bill, a record total of up to SEC. 14. EXCLUSION FROM GROSS INCOME OF The Chair recognizes the gentleman 99 weeks of Federal and State unem- QUALIFIED MILITARY BASE RE- from New York. ployment benefits will be paid in a ALIGNMENT AND CLOSURE FRINGE. GENERAL LEAVE total of 29 States and territories where (a) IN GENERAL.—Subsection (n) of section 132 of the Internal Revenue Code of 1986 is amend- Mr. RANGEL. Mr. Speaker, I ask the unemployment rate is 8.5 percent ed— that all Members have 5 legislative or greater. In the State of Texas, where (1) in subparagraph (1) by striking ‘‘this sub- days to revise and extend their re- the unemployment rate is 8.2 percent, section) to offset the adverse effects on housing marks and insert extraneous material it would provide an additional 14 weeks values as a result of a military base realignment in the RECORD. of unemployment benefits for the long- or closure’’ and inserting ‘‘the American Recov- The SPEAKER pro tempore. Is there term unemployed who continue to ery and Reinvestment Tax Act of 2009)’’, and objection to the request of the gen- struggle to find a new job. (2) in subparagraph (2) by striking ‘‘clause (1) of’’. tleman from New York? In addition, the bill we are consid- (b) EFFECTIVE DATE.—The amendments made There was no objection. ering today includes a number of im- by this act shall apply to payments made after Mr. RANGEL. Mr. Speaker, along portant tax relief provisions that will February 17, 2009. with the Ways and Means Committee help families, businesses, and our econ- SEC. 15. DELAY IN APPLICATION OF WORLDWIDE ranking member, Mr. CAMP, we asked omy as a whole. This bill will extend ALLOCATION OF INTEREST. the nonpartisan Joint Committee on the $8,000 homebuyer tax credit, which (a) IN GENERAL.—Paragraphs (5)(D) and (6) Taxation to make available to the pub- is currently scheduled to expire just a of section 864(f) of the Internal Revenue Code of lic a technical explanation of the bill. few short weeks from now, until the 1986 are each amended by striking ‘‘December 31, 2010’’ and inserting ‘‘December 31, 2017’’. The technical explanation expresses middle of next year. It will also create (b) CONFORMING AMENDMENT.—Section 864(f) the committee’s understanding and a new $6,500 tax credit that will help of the Internal Revenue Code of 1986 is amended legislative intent behind this very im- current homeowners who have lived in by striking paragraph (7). portant piece of legislation. It is avail- their homes for at least 5 years to

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12385 move up into new homes. And espe- them some hope that this won’t happen efits. Since then, we have gotten addi- cially with Veterans Day coming up in the future. tional checkups on jobs and unemploy- next week, I’m pleased this bill in- This legislation returned from the ment in the United States, and the cludes a number of homeownership pro- Senate will provide an additional 14 Democrats’ 2009 stimulus plan has re- visions that would specifically benefit weeks of unemployment benefits in ceived more failing grades. Another the brave men and women who serve in every State and a total of 20 weeks in 263,000 jobs were eliminated in Sep- our Armed Forces. high unemployment States. I welcome tember, and the unemployment rate Taken all together, this bill’s home- the additional weeks in the bill com- rose to 9.8 percent. More job losses and ownership tax relief provisions will pared to the legislation we sent over. It higher unemployment are expected to provide a much-needed boost to our seems the least we can do after we’ve be announced tomorrow. This and struggling housing market and our made them wait for 6 weeks. However, other Democrat legislation is perpet- broader economy by helping to soak up I heard concerns that the complexity of uating unemployment, not solving it. the excess housing inventory that we the Senate amendment may present The Democratic energy policies see in so many parts of our country. some administrative challenges for would increase the price of energy and Estimates show that there may be up State government, so I hope every kill millions of jobs. The Democrat to 3 million renters who are currently State is actively planning on how to health policies would make health care financially well qualified to buy a me- deliver these benefits in the quickest and health insurance more expensive dian-priced home. Timely help to bol- possible time frame. This is a wake-up and kill millions of jobs. Democrats ster the housing market is essential. call to State unemployment insurance promised a stimulus policy that would Another important component is the programs. keep unemployment from exceeding 8 expanded net operating loss provision, I would ask my colleagues to keep in percent. It is now 9.8 percent, soon to which will provide an immediate cash mind that Congress must act again be- reach 10 percent. Despite administra- infusion to struggling businesses, large fore the end of this year to continue tion claims that 1 million jobs were and small, all across the Nation. By the extended unemployment benefits saved or created, nearly 3 million real giving businesses that are currently in that we are now improving. jobs have been destroyed since the loss positions the opportunity to claim The cost of this extension of unem- stimulus plan was signed into law, and refunds on taxes they paid when they ployment benefits is completely offset yesterday we found out how they count were profitable, we can help employers by an 18-month continuation of a tax saved jobs. make crucial new investments in our called the FUTA surtax, which has Stimulus money went to a south economy and, most importantly, free been in place for over 30 years. In addi- Georgia community organizing group. up additional payroll to help get more tion to helping unemployed workers, They took all the money and gave Americans back to work. That’s the this bill now includes the extension raises to their employees and put infor- goal that all of us on both sides of the and expansion of two other relief provi- mation into the administration that aisle should share. And I’m pleased to sions. One helps and encourages those they had saved 980 jobs. They have 508 support the 5-year net operating loss buying homes and another helps strug- employees. But they gave them raises, carryback included in this legislation. gling businesses. and the administration has a formula But this is not the end of the process. Mr. Speaker, our Nation has lost 8 for how you can call that a job saved. There is much more work to be done. million jobs since the great recession Like those job losses, the bill before Before the end of the year, the House is started in December of 2007. Even as we us has only grown. In all, this legisla- expected to consider legislation to ex- see signs of economic recovery, such as tion would now make available a tend the current Federal extended un- last week’s announcement that the record 99 weeks of unemployment bene- employment benefit program possibly GDP rose substantially for the first fits in more than half of the United through all of next year. This would time in over a year, we know it will States, but what it doesn’t make avail- cost $80 billion or more and simply add take considerable time to restore those able are jobs. Americans are rightly to the enormous deficits and equally lost jobs. There are predictions that it asking, Where are the jobs? Our col- enormous State tax hikes on jobs this will rise above 10 percent nationally leagues on the other side have no an- system is amassing. and will not come down until late in swers, other than to spend more, tax All of this begs the question: Where 2010. more, and borrow more. That is not are the jobs? While long-term unem- We must continue to provide the life- good enough. ployed workers appreciate the addi- line for the unemployed workers who But the good news is that we can tional help, what they really want is a have lost their jobs from no fault of start to turn this around. For starters, good job. Yet for all the massive spend- their own and who are searching for we could not raise taxes on jobs, as this ing and debt we’ve incurred this year new employment. Sending this bill to legislation does. It raises taxes on jobs in the name of stimulating the econ- President Obama today will accom- by $2.4 billion in the coming 18 months, omy, job creation is one thing this ad- plish that goal for over 1 million of our hitting every employee in America, ministration and congressional Demo- fellow citizens before the end of the and that’s to pay for benefits paid out crats have failed to deliver. Unfortu- year. Additionally, it would help keep generally in the next 2 months. How nately, that’s why we are here today. families in their homes and prevent does raising taxes create jobs? It won’t. These policies and stimulus have foreclosures. This is the right thing to And this bill isn’t the end. Far from it. failed. do, and we shouldn’t have waited so Before this year is out, we will be Mr. Speaker, I reserve the balance of long to do it. back on this floor passing yet another my time. Mr. STARK. Would the gentleman extension of Federal unemployment yield? benefits, only the next bill will be so b 1245 Mr. MCDERMOTT. I yield to the gen- massive—possibly costing $80 billion— Mr. MCDERMOTT. Mr. Speaker, I tleman from California. even Democrats won’t be able to stom- yield myself as much time as I may Mr. STARK. I associate myself with ach the tax hikes to pay for it. So we consume. the remarks of the distinguished chair- will borrow that money, adding to the We’ve waited for 6 weeks for the Sen- man and urge adoption. $100 billion in unemployment benefit ate to dither around on this bill. The Mr. MCDERMOTT. I reserve the bal- spending already scheduled to be piled decisions made in it could have been ance of my time. onto our debt by the end of this year. made in a week if they really were Mr. BRADY of Texas. I yield 5 min- How will that create jobs? It won’t. thinking about the half million people utes to the gentleman from Georgia Mr. Speaker, we can and must do bet- who have lost their benefits over the (Mr. LINDER). ter. It is well past time for us to shelve last 6 weeks. Since the House acted, Mr. LINDER. I thank the gentleman Democratic job-killing tax hike agen- that’s happened. There have been no for yielding. das. We will then unleash America’s jobs, no benefits, and no hope. Now, Six weeks ago, we stood on this floor job creation engine so that laid-off today, we can restore that by the bill to discuss a prior version of this bill workers can once again earn pay- that’s before us, and also perhaps give providing extended unemployment ben- checks, not unemployment checks.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12386 CONGRESSIONAL RECORD — HOUSE November 5, 2009 That effort can start with not raising will really help economic growth in This Congress is working hard to get taxes on jobs and by offering unem- this country. people back on their feet. For this rea- ployed workers real help in finding new So I just want to congratulate the son, it is imperative that, today, we work instead of just more benefit sponsors, even on the Democrat side, pass the Unemployment Compensation checks. Sadly, this bill does none of for putting this in the bill. I really Extension Act. that. How then will it create jobs? It think this is a plus. I don’t compliment I am proud to say that we’ve also ex- won’t. my colleagues too much over there, but tended the homebuyer assistance Mr. MCDERMOTT. Mr. Speaker, I the $8,000 tax credit that is being ex- through the first-time homebuyer tax yield 11⁄2 minutes to the gentleman tended for first-time homebuyers is credit while putting in place new and from Michigan (Mr. LEVIN). good, and the $6,500 tax credit for peo- significant fraud protection. I think (Mr. LEVIN asked and was given per- ple that are going to buy a home, a sec- that’s important. It came out in Mr. mission to revise and extend his re- ond home or a third home, as they get LEWIS’ hearings, and we’ve done some- marks.) rid of their first one, I really think this thing about that. Mr. LEVIN. This bill combines equity is going to be a plus for the economy. I applaud Chairman LEWIS for con- and growth. Equity for the unem- So even though I disagree with my col- vening a hearing through the Ways and ployed, people who are looking for leagues 95 percent of the time, this is Means Oversight Subcommittee on the work. The estimate is that 1.3 million one time they have put something good first-time homebuyer tax credit, which will exhaust their benefits by the end in a bill. brought light to some of the abuses of the year. This is a response. There Mr. MCDERMOTT. Mr. Speaker, I that were plaguing this important are six people looking for every job. would remind the gentleman from Indi- credit. The American people need to The Michigan Unemployment Office ana, even a stopped clock is right twice know that this Congress is working to has been swamped with phone calls. a day. remedy the insufficient regulation and Today, one of the staff there told my I am now going to yield 11⁄2 minutes oversight that has plagued our Nation office: These are the unemployed. They to the gentleman from Georgia (Mr. for too long. call asking, When is Congress going to LEWIS). I urge all my colleagues on both sides pass this extension? What are they Mr. LEWIS of Georgia. Mr. Speaker, to take swift and decisive action to waiting for? Don’t they understand we I rise today in strong support of this pass this legislation. are desperate? legislation. I want to thank my good Mr. BRADY of Texas. I understand Chairman MCDERMOTT has additional As to growth, there are two provi- friend, the chairman, Mr. MCDERMOTT, sions here. I am surprised that the pre- for his hard work in bringing this bill speakers, so I will reserve the balance vious speaker says nothing is being to the floor. of my time. Mr. MCDERMOTT. Mr. Speaker, I done to create jobs when we have two Under this bill, a Georgian would re- yield 11⁄2 minutes to the gentlewoman provisions here that are aimed to do ceive an additional 20 weeks of unem- from Nevada (Ms. BERKLEY). that. The homeowners’ tax credit is ex- ployment benefits. Many have been Ms. BERKLEY. I thank the gen- tended and is also expanded, and the waiting, worrying, and juggling bills tleman from Washington for yielding. net operating loss provision is inserted for months. People from all over the Mr. Speaker, I rise today in strong here to create jobs. This is a bill that State of Georgia call my offices every support of H.R. 3548. This proposal combines equity and, hopefully—and I day asking what is taking Congress so would extend unemployment benefits think it will—create jobs. long to act. Let me be clear, these are by 20 weeks for workers in States with So let’s vote for it without equivo- not people who want a handout. These high unemployment, like Nevada. This cation and, if I might say, without de- are people who want to work. Many are would serve as a lifeline, aiding those bating other issues like health care. older workers with all levels of edu- still struggling to find work in Las We’ll debate those tomorrow and Sat- cation who have worked in the same Vegas and other parts of Nevada. The urday. jobs for years, and now their jobs are once recession-proof economy of my Mr. BRADY of Texas. I yield 2 min- gone, just gone. district of Las Vegas has not been utes to the gentleman from Indiana We can act today, and we must act. spared from the effects of this down- (Mr. BURTON). Now is the time to act to pass this leg- turn. Quite the contrary. Nevada has Mr. BURTON of Indiana. I thank the islation, send it to the President, and been hard-hit, and almost harder hit gentleman for yielding. let him sign it into law so our citizens One of the things that has been a real than any other State by the fore- will receive the necessary benefits. closure crisis, and currently our unem- drag on the economy, Mr. Speaker, has Mr. BRADY of Texas. I reserve the been the housing industry, and the tax ployment rate has skyrocketed to over balance of my time. 13 percent, second highest in the Na- credit that we’ve given first-time Mr. MCDERMOTT. Mr. Speaker, may tion. homebuyers, according to the Realtors I ask how much time remains? and the homebuilders with whom I’ve The SPEAKER pro tempore. The gen- b 1300 talked, has been a real plus. That is tleman from Washington has 121⁄2 min- Additionally, this bill includes im- one of the few things that we’ve done utes remaining, and the gentleman portant tax provisions, extending and around here that has helped the econ- from Texas has 12 minutes remaining. expanding the homebuyer tax credit omy and helped create some jobs. Mr. MCDERMOTT. Thank you. and allowing businesses to carryback Now, in this bill, we’re not only ex- I yield 11⁄2 minutes to the gentleman losses in 2008 or 2009 for 5 years. The ex- tending the first-time homebuyer cred- from New Jersey (Mr. PASCRELL). tended homebuyer credit will allow it, which I think is going to help the Mr. PASCRELL. Thank you. more people to purchase a home in my economy, but we’re also going to say to Mr. Speaker, last week we saw that district and help stop the continued people that already own homes, we’re 5.8 million Americans were collecting downward spiral in housing prices going to give you a $6,500 tax credit if unemployment benefits at the end of caused by the foreclosure crisis. The you choose to move up and buy another October. I want to remind my friends net operating loss provision will help house. That’s been one of the short- on both sides of the aisle that in the keep businesses afloat during the tough comings that we’ve had over the last first quarter of this year, we saw a loss times, preventing further layoffs. few months, because people that want of 691,000. The stimulus went into ef- Mr. BRADY of Texas. I continue to to get another home feel like with the fect—partially, anyway—after we reserve my time. economy being the way it is right now, passed it in February with no votes Mr. MCDERMOTT. Mr. Speaker, I they don’t want to move. But if you en- from the other side, and in the third yield 11⁄2 minutes to the gentleman courage them with a $6,500 tax credit— quarter of this year, we’re at a loss of from Texas (Mr. DOGGETT). a tax credit. We like tax cuts and tax 256,000. That’s a gain of 435,000 jobs. Mr. DOGGETT. This bill represents a credits. If we give them a $6,500 tax You compare that to the last year, the textbook example of how not to deal credit, I guarantee you there is going last 4 years of the former administra- with the economic challenges that our to be a lot of people that will move up tion, and I think that the stimulus has country faces. While previously ap- into more homes, newer homes, and it been a great help. proved by the House solely to address

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12387 the needs of the unemployed in eco- Mr. COURTNEY. Mr. Speaker, last sion is not over. It’s not over until nomically depressed areas at a cost of fall, 2008, this country got a lesson in their loved ones get back to work, a little more than a billion dollars, the how central the housing market is to until they have a job, until they can Senate has taken the good work of the American economy. When housing pay for the housing and the food and Chairman MCDERMOTT, delayed it, not prices started to fall, the financial the clothing and the schooling their responded promptly, and has now markets soon followed, and we are families need. mushroomed the cost to $24 billion. today now in the deepest recession So we in Congress cannot consider Economists have advised us that since the Great Depression. the work of recovery done until those every dollar we invest to help the un- In the stimulus bill last February, we jobs are back. The truth is that long- employed spurs economic growth included a first-time homebuyer tax term unemployment remains at its (GDP) by $1.61, very effective, a real credit, which by all accounts has been highest rate since we began measuring winner, what the House did originally. a smashing success in terms of increas- it in 1948. Over 33 percent of the total But the corporate giveaway that the ing home sales and stabilizing housing unemployed have been out of work for Senate added to this bill—the so-called prices. The market, though, needs a lit- more than 26 weeks. ‘‘loss carry-back provision’’—yields, tle bit more time to nurture, and that And because it’s harder to get hired according to the same economists, 19 is why, as has been said earlier, there the longer you’ve been out of the work- cents for every dollar of revenue that is strong bipartisan support for extend- force, long-term unemployment can be- we invest—a real loser. ing this tax credit. come a vicious cycle. This bill lends a Today’s bill allocates $2 billion to the I, along with Congressman CALVERT hand to nearly 2 million Americans winner and $10 billion to the loser. from California, put together a letter whose unemployment insurance is set Understand that this bill now directs with 165 signatures in support of ex- to run out by the end of the year. It ex- the Treasury to essentially write a tending the tax credit. I salute the tends their unemployment insurance check directly to corporations for more chairman and all the leadership who by up to 14 weeks, and by a further 6 than $10 billion; checks to corporations worked hard on a bipartisan basis to weeks in the States with the most dif- that have committed fraud, checks to make sure that we are going to con- ficult job markets. This means they corporations that have no ability to tinue to grow the real estate market. will be able to survive; not thrive, but create jobs because they have no em- That’s how we got into this recession survive. Who are those 2 million Americans ployees and exist solely on paper as a and that’s how we are going to get out and who will benefit? Many of them are fiction. It rewards some of the very of it. middle-class Americans who lost their corporate losers who have brought us I urge strong support for the meas- jobs without warning. According to a to the brink of economic ruin. ure. survey recently conducted at the Rut- The SPEAKER pro tempore. The Mr. MCDERMOTT. Mr. Speaker, I gers University, ‘‘Six in 10 of those time of the gentleman has expired. yield 1 minute to the majority leader, whose employer had let them go had no Mr. MCDERMOTT. I yield the gen- the gentleman from Maryland (Mr. advance warning.’’ What a wrenching tleman an additional 15 seconds. HOYER). Mr. DOGGETT. If this is such a great Mr. HOYER. I thank the gentleman experience that was, for them, for their spouses, for their children and, yes, for idea, why don’t we first apply loss from Washington, and I rise in support their entire extended families, as well carry-back to workers who have lost of this bill. their jobs and give them back some of Mr. Speaker, a year ago this week as their communities. Adding to the pain for many, nearly the taxes that they paid when they had Barack Obama was elected President in four in 10 said they had been employed a job? That would certainly be more the midst of the greatest economic cri- by their company for more than 3 years stimulative. sis in almost three-quarters of a cen- and one in 10 more than a decade. As we move forward next month to tury. Since his inauguration and the These were people with stable jobs and extending benefits for next year, it will swearing in of the 111th Congress, we commitments based upon those stable be much more costly. We should use have been working hard to turn our jobs, such as college payments and this lesson as a reminder that good pol- economy around and put America and mortgages. People have found the icy to address jobs and the needs of the Americans back to work. ground falling out from under them unemployed should not be burdened And whether we are Democrats or through no fault of their own. We owe with windfalls to those with good lob- Republicans, there is reason for hope in it to them, Mr. Speaker, and their fam- byists. the results we have seen in that time, ilies to help, and we owe it to our eco- Mr. BRADY of Texas. Mr. Speaker, I because they mean growing economic nomic health as well. yield myself 2 minutes. security for the people we represent. The money provided by unemploy- While there are serious disagree- We’re not there, we need to keep work- ment insurance quickly goes to neces- ments about what direction to go on ing on it, but we’ve made progress. sities and boosts local economies. In the economy, there is bipartisan sup- Last month, we saw news that the fact, according to the CBO, every dol- port for the provisions to help people American economy grew at a rate of 3.5 lar we spend on unemployment insur- try to buy that first home or to move percent between July and September. ance generates $1.61 in local economic up into that next one, and there is bi- That, Mr. Speaker, is the best growth activity, making this bill an invest- partisan support across the aisle in 2 years and a reversal of four quar- ment that pays off for all of us, so we strongly in this Congress to help small ters of decline. That’s progress. It is have a win-win situation here. We help businesses survive this recession, not not yet success. people in very bad straits; and we help just small businesses but medium-sized According to Moody’s, the Congres- our economy and help us all. I am also businesses and larger businesses. The sional Budget Office and the Council of glad that this bill is fiscally sound. It’s truth of the matter is, a job is a job. Economic Advisors, the Recovery Act fully paid for. It does not contribute to And if we can help companies weather has saved or created about 1 million the deficit. this storm, if we can help them keep jobs. The Center on Budget and Policy Though we have made progress since workers on the payroll, if we can help Priorities recently concluded that the the depths of last winter and the them sort of balance out their tax pay- Recovery Act kept 6 million Americans depths of the recession inherited by ments over these years, allow them to from falling into poverty and reduced President Obama and this Congress, be in a position to recover and grow the severity of poverty for 33 million there is, as I have said, clearly more when this economy finally does grow, I Americans. It was the right thing to work to do. We pledge to continue that think that that tax relief, targeted to do. But we’re not there yet. Facts like work. We can take action today for those who can most create jobs, is ex- these have combined to convince unbi- those families for whom recovery is not tremely helpful. ased observers that the recession the yet a reality, and I urge my colleagues I reserve the balance of my time. President inherited is over. to support this legislation. Mr. MCDERMOTT. Mr. Speaker, I Yet that is not the whole picture. For Mr. BRADY of Texas. I yield 2 min- yield 1 minute to JOE COURTNEY, the millions of American families strug- utes to the gentleman from Indiana gentleman from Connecticut. gling with unemployment, the reces- (Mr. BURTON).

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12388 CONGRESSIONAL RECORD — HOUSE November 5, 2009 Mr. BURTON of Indiana. I thank the The bill will mark another step for- the rewards of our common progress gentleman for yielding. ward to boost our economic growth, and to take part in our prosperity. To- I have great respect for the majority and it will make a critical investment day’s vote is about a never-ending ef- leader. I just want to correct a couple in our families and our workers. fort to put our economy on the road to of things that he said. This legislation offers a lifeline to recovery, create jobs, and establish the He said this is the worst economy in out-of-work Americans, to the men and building blocks for growth in the long the last three-quarters of a century, women hardest hit by the recession, by term. and I would like to bring to his atten- extending unemployment benefits—you President Obama has said over and tion that in the Jimmy Carter adminis- have heard it over and over—by 14 over again, and so eloquently, that our tration we had 12 percent unemploy- weeks nationwide and an extra 6 weeks success here would be measured only in ment, which is worse than now. We had in States suffering the highest jobless the progress made by America’s fami- 14 percent inflation. When Ronald rates. It’s a smart choice for our Na- lies as they get back on their feet and Reagan came in, Mr. Volcker had to tion’s economy. Every dollar spent on as we help them address their economic raise the interest rates, or did raise the unemployment benefits generates more struggles. interest rates, to 21.5 percent. What than $1.60 in new economic demand. The economic security of America’s happened was the economy took an- It’s good for businesses. It’s good for families is important to them, to their other huge nosedive because of the ter- workers. children, to their children’s future; and rible inflation and economic problems This money, because it is so needed it is important to the strength of our that were created during the Carter ad- by these out-of-work families will, country. For that reason, I again com- ministration, which was not three- again, be spent immediately, inject de- mend Mr. MCDERMOTT and Mr. BRADY quarters of a century ago; it was just a mand into the economy, creating jobs, and urge all Members to support this mere 20-some years ago. to the tune of $1.60 for every dollar. It’s bill. The other thing I would like to say is hard to think of any other initiative Mr. BRADY of Texas. Mr. Speaker, I that while we are doing the right thing reserve my time. we can name that is as beneficial to job by passing this bill, and I com- Mr. MCDERMOTT. Mr. Speaker, I creation. plimented my colleagues on the other yield 1 minute to the gentleman from side of the aisle for the extension of the b 1315 Massachusetts (Mr. NEAL). home building credit for first-time Its original purpose is fairness to Mr. NEAL of Massachusetts. Mr. homebuyers and adding to it the tax those workers who have paid into the Speaker, I thank the gentleman, and I credit for second-time homebuyers— insurance system, and now they are want to offer my strong support for and I think those are great steps in the getting an insurance benefit. But it this legislation that is before us today right direction, and I will support this also has an impact as a stimulant. It and certainly to acknowledge the role bill—the things that they are doing on means more Americans will have ac- that Mr. RANGEL and Mr. MCDERMOTT the other side of the aisle with the cess to the support and assistance they played and the leadership they offered stimulus bill, $1 trillion, with the need to get back on their feet, reenter to us on this legislation. This bill before us is fully vetted and health care bill that they are going to the workforce, contribute to our econ- fully paid for. It is bipartisan in na- try to ram through here Saturday omy and succeed. ture. I take great satisfaction from the that’s going to cost $1 to $3 trillion The bill also places a down payment fact that not only does it extend unem- that we don’t have, when there is a bet- on the future of our middle class be- ployment insurance benefits for many ter way to do that, really troubles me. cause it extends for the first-time families that need help in this difficult I would hope my colleagues would homebuyer a tax credit, helping more economy, but the reminder that we all start thinking about what Ronald Americans purchase homes and making ought to embrace, and that is, that in Reagan did because the deficits were so it is a little easier for families to move this atmosphere, you are far better off high and inflation was so high, and into a new house and keep a roof over as being perceived for being for some- that is cut taxes. When you cut taxes, their heads. thing than against everything. you stimulate economic growth and This initiative has already been suc- you sell more products and people go This bill extends the first-time home- cessful. We have seen the positive im- buyer credit to help our ailing housing back to work. That creates economic pact, the steadier foundation in our expansion. industry get back from the worst housing market. Most significantly, we Mr. MCDERMOTT. Mr. Speaker, may record in our history. I support both have watched new generations of I have the time remaining? provisions. The SPEAKER pro tempore. The gen- Americans start living out their dream Finally, the bill provides net oper- of homeownership and economic secu- tleman from Washington has 43⁄4 min- ating loss relief for many businesses utes remaining and the gentleman rity. that have been simply hanging on in from Texas has 9 minutes remaining. The bill also has the net operating this country over the last year. It is Mr. MCDERMOTT. I yield 1 minute loss carryback, which businesses tell us particularly important to retailers. to the Speaker of the House, the gen- is necessary for them to succeed and to Based on a bill that I filed with Rep- tlewoman from California (Ms. PELOSI). hire new people, and also to mitigate resentative TIBERI which became the Ms. PELOSI. I thank the gentleman some of the damage that has been done basis for this provision, this relief for for yielding and thank him for his to the economy from past policies. businesses, big and small, will provide longstanding leadership on this issue Taking action now to turn around quick capital at a time when it is cur- that relates to the economic well-being our country is our most urgent and rently impossible to find. I think that of America’s families. pressing challenge. It must be our top this is an affirmative position, it ought Anytime families gather across priority, regardless of party. That is to be embraced, and I thank Mr. America at their dinner table to see why I am so pleased that we are going MCDERMOTT for moving it forward. how they are going to make ends meet to have such a strong bipartisan vote. Mr. BRADY of Texas. I reserve my or struggle through the loss of a job, Mr. BRADY, thank you today. time. they know they have a friend in JIM The House acted more than a month Mr. MCDERMOTT. Mr. Speaker, I MCDERMOTT in the Congress. This has ago, as I mentioned, to pass the bill yield 1 minute to the gentleman from been one of his premier issues, and he and help 1.3 million Americans set to North Carolina (Mr. ETHERIDGE). has served them and this Congress and lose their unemployment benefits by Mr. ETHERIDGE. I thank the gen- this country excellently in that regard. the end of the year. Today, we are tleman for yielding. I thank him for bringing this legisla- proud to see the Senate version come Mr. Speaker, across this country peo- tion to the floor. back to the floor, to this Chamber. We ple are suffering. In my State of North We passed this bill over a month ago. would have wanted it sooner, but here Carolina, unemployment has been in At long last it is back, but we are glad it is. double digits for several months. it is back, no matter how long it took. The Nation’s leaders have a responsi- Economists tell us that the economy is I am pleased to rise to support the leg- bility to give every American the op- turning around, but folks at home islation. portunity to recover, to thrive, to reap don’t feel it yet.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12389 This bill continues Congress’ critical the greatest rate of job creation, have support, and I do appreciate Chairman efforts to restore the economy and put actually seen the greatest rate of job MCDERMOTT’s work on trying to bring our people back to work. Fixing the loss. In fact, nearly 3 million jobs have a bill forward to this floor that many economy and creating jobs needs to be been lost since the stimulus took ef- can support. our top priority in this economic down- fect. I yield back the balance of my time. turn. We are not simply in, as the White The SPEAKER pro tempore. The gen- This bill helps folks who are out of House would say, a jobless recovery. tleman from Washington has 45 seconds work in two ways. First, it extends the We are in a ‘‘job loss’’ recovery. We remaining. safety net of unemployment insurance continue to shed hundreds of thousands Mr. MCDERMOTT. Mr. Speaker, I ap- to those who are struggling the most. of workers every month, 175,000 in the preciate Mr. BRADY’s work on bringing This is critical to help people put food past month; and unfortunately, the this bill to the floor, but I would say on their table and keep their lives to- stimulus has lost all credibility as to that in 1935 there was no unemploy- gether until they can find new employ- job creation. ment insurance, there was no welfare, ment. We hear each day reports of wildly there were no jobs, and the Federal Second, it supports the struggling exaggerated jobs claims. The Associ- Government stepped in and acted to companies which are trying to create ated Press did a revealing story that change all of that. jobs. The tax credits in this bill will shows that in some cases contractors Now, we clearly need to stimulate help restore the health of businesses so exaggerated their job numbers by 10 the economy; and if we don’t stimulate they can get healthy again, contribute times. In other cases they counted the the economy, we will continue to have to the growth of this economy, and put same job four times. In many cases the businesses sitting back waiting forever our people back to work. money didn’t come from the stimulus and watching their health care costs go I applaud the Senate for their work at all. out of sight. in joining these two goals and moving This morning, a Dallas Morning News The bill tomorrow on health care is it forward. I thank my colleagues for investigation showed that in Texas, really to help businesses get control their work and urge my colleagues to one out of every four jobs related to over one cost item in their budget, and vote for H.R. 3548. education was a part-time summer job. in my view, that is the kind of thing Mr. BRADY of Texas. I reserve my In one community, an organization we should be doing to help create more time. claimed 450 jobs were created with jobs. If we sit here, we can build this The SPEAKER pro tempore. The gen- stimulus money of $26,000. In one case, bridge of unemployment insurance, but tleman from Washington has 13⁄4 min- again, the money didn’t even come it is a bridge to nowhere if the econ- utes remaining. from stimulus money. And in Beau- omy does not start to turn around, and Mr. MCDERMOTT. Mr. Speaker, I mont, they are paying for child care for yield 1 minute to the gentleman from that means dealing with the things people out of stimulus dollars. that are destroying this economy. Illinois (Mr. DAVIS). Unfortunately, the claim that the Mr. DAVIS of Illinois. Mr. Speaker, I The health care costs of every single stimulus has created millions of new business are rising totally out of con- want to thank Chairman MCDERMOTT jobs, created or saved them, simply for yielding. I also want to commend trol, and you can’t expect them to in- isn’t backed up. And, in fact, the ma- the Senate for its work. vest if we haven’t done something I simply rise in support of this legis- jority of economists today say it has about getting control of health care lation. It will provide an opportunity had little impact on the stimulus, and costs. certainly for individuals who are unem- a second stimulus down the road isn’t So this is only one part of the issue. ployed to continue to receive unem- needed or, in fact, will be damaging. We have many other issues we are ployment compensation, and it will in- I think what is critical, too, is a lot going to have to deal with on the floor, deed help stimulate the economy by al- of businesses are holding off creating but I am grateful today for your help lowing individuals credits for the first those new jobs, especially small busi- in passing this piece of it. time if they are purchasing a home. nesses, because of Washington. They Ms. RICHARDSON. Mr. Speaker, I rise It is good legislation. I am pleased to watch what we are doing and consid- today in strong support of the Senate amend- support it and urge that all Members ering on health care. It will drive up ments to H.R. 3548, the ‘‘Unemployment do so. their premiums. Cap-and-trade will Compensation Extension Act of 2009,’’ be- Mr. BRADY of Texas. I yield myself drive up their energy costs. New energy cause they will provide much-needed relief to such time as I may consume. taxes will offshore American energy the millions of unemployed American workers There is bipartisan support for much jobs. They look at new financial regu- who are struggling to find jobs today and to of this bill. For all the good this bill lations, tax increases on everything others who are working to buy their first home. will do to help people buy their first from income to capital to dividends to With the passage of this bill, Congress will home, and perhaps move up, for all the international investment, and they are provide up to 14 additional weeks of des- help it will provide to help businesses saying we are not going to create jobs. perately needed unemployment benefits to survive this recession, make no mis- They are not going to risk jobs in this workers who are about to exhaust their unem- take: the unemployment benefits are environment. ployment benefits, directing much-needed help no substitute for a good job, and in It is hard enough to predict the mar- to the unemployed who live in states where that regard, this Congress and this ket itself, much less to predict the unemployment rates are highest. White House has failed the American market and Congress together. And California has the 4th highest unemploy- public. when they look at the bill that this ment rate in the Nation and in terms of my We were told that the stimulus bill, Congress will vote on this weekend on district the numbers are staggering: all $787 billion of it, $1 trillion with in- health care, they see tax increases on Carson—12.6 percent terest, as Christina Romer said, the small businesses that will cost us Compton—20.9 percent head of the President’s economic advis- about 4 million jobs, mandates on Long Beach—13.7 percent ers, would provide an immediate jolt to small businesses that will force their Signal Hill—9.4 percent the economy. They promised us that it workers out of their own health care Mr. Speaker, although job losses have would keep the unemployment rate system, and a job trap that actually begun to decline more recently, unemploy- under 8 percent. They promised it punishes small businesses. When they ment is still too high, and the American people would create jobs in every State in the hire between 11 and 25 workers, actu- need relief now. With the national unemploy- Nation. ally in this bill Congress punishes ment rate at 9.7 percent, we must act now. Today, the unemployment rate is not them, and punishes them more if they Over 1 million people will exhaust their bene- 8 percent. It is 9.8 percent and rising, raise the wages of those workers. fits by the end of December if we do not act. for the numbers we will hear tomor- So, there is a lot more that needs to In addition to providing relief to the unem- row, to 9.9 percent in all likelihood. be done on the economy. This bill is no ployed, H.R. 3548 will help stimulate the econ- Forty-nine of 50 States have lost jobs. substitute for a good job. It is a step omy. Extending unemployment benefits is one The two areas of manufacturing and forward in housing and for business re- of the most cost-effective and fast-acting ways construction, where we were promised tention. For that, there is bipartisan to stimulate the economy because the money

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12390 CONGRESSIONAL RECORD — HOUSE November 5, 2009 is spent quickly. Every $1 spent on unemploy- cans who are out of work due to the severe tools to address the reckless actions of many ment benefits generates $1.63 in new eco- downturn in the economy. The bill will also financial institutions until it was too late. nomic activity. continue to extend the First Time Home Buyer It is time to rebuild the foundations of our The new Senate amendments to this bill will Tax Credit though April 30, 2010. economy and improve our fiscal fitness. I look do even more to breathe life into our econ- The $8,000 First Time Home Buyer Tax forward to working with my colleagues to cre- omy. With the inclusion of these amendments, Credit program has allowed approximately ate a nation where every family is safe, this crucial legislation will strengthen our do- 350,000 hard working Americans to achieve healthy, and economically secure. mestic housing market by extending the the dream of home ownership this year. Given Ms. BORDALLO. Mr. Speaker, I rise today $8,000 first-time homebuyer tax credit through that this nation is still struggling, providing in support of H.R. 3548, the Worker, Home- April, 2010. These amendments will also ex- American families with an $8,000 homebuyer ownership, and Business Assistance Act of pand eligibility for the homebuyer credit so tax credit will stabilize the housing market and 2009. The bill contains an important provision more families qualify. Specifically, the bill will stimulate the economy. The bill will also pro- extending and expanding the successful First- establish a $6,500 tax credit for families that vide a $6,500 homebuyer credit to current Time Homebuyer Tax Credit to homes pur- have lived in their current home for five or homeowners who purchase another home. chased through April 30, 2010. Under current more consecutive years and who are looking Furthermore, providing an extension of the law, the tax credit would expire on December to purchase and move into a new home. By First Time Home Buyer Tax Credit will also 1, 2009, and would not apply to homes closed expanding the tax credit to include more than help further encourage job growth at a time on or after that date. The extension allows for just first-time homebuyers, this bill will further when it is desperately needed. With the pur- homebuyers to claim the credit if they enter stimulate the economy and help us to continue chase of a home, other jobs are created in into a binding contract before May 1, 2010 to fully recover from the recession. various sectors. This includes construction, and close within 60 days of that date. In addi- I strongly support these amendments be- plumbing, home appliances, and numerous tion to the extension of the First-Time Home- cause, for many people in my district, the ex- other jobs that are the result of expanding af- buyer Tax Credit worth up to $8,000, the legis- tended and expanded tax credit will allow fordable housing. There is also evidence that lation expands the credit to homebuyers who them to realize the American Dream of owning suggests that neighborhoods are safer and have been in their current residence for at a home. If passed, this bill will also provide become more stable when there are high least the past five years. The expanded credit housing tax relief for military families that have rates of home ownership in the community. is worth up to $6,500. sacrificed so much to defend our great nation. This legislation also extends unemployment There is strong evidence that suggests this Mr. Speaker, I urge my colleagues to sup- benefits to millions of Americans who other- program has greatly aided in stabilizing our port this necessary and timely legislation be- wise would lose much needed and deserved nation’s housing market, and it has also cause it provides relief to unemployed Ameri- benefits. In this sluggish economy, American helped to improve Guam’s housing market. cans when they need it the most and it ex- workers are finding it more difficult to find The extension of the First-Time Homebuyer Tax Credit will allow this program to complete tends and expands the first-time homebuyer good jobs and this benefit will fill this gap. tax credit. If we do not pass this bill, we will This bill could not be any timelier. It extends its designed purpose and provide a longer not only face a financial crisis but a moral def- a provision that allows states with high unem- term stimulus to the recovering, but still lag- ging housing market. This legislation further icit in this country as well. We cannot allow ployment, like Michigan, to provide a total of expands the tax credit to current homeowners that to happen. I urge all members to vote twenty weeks of extended benefits. who have been in their homes for at least five ‘‘aye’’ on the Senate amendments to H.R. Mr. Speaker, I believe today’s legislation will years but wish to move to a new residence. 3548, the Unemployment Compensation Ex- further help the workers of Michigan through This expansion will provide an additional in- tension Act of 2009. these difficult times. I rise in strong support of centive for responsible homeowners to partici- Mr. VAN HOLLEN. Mr. Speaker, I rise in H.R. 3548 and urge my colleagues to support pate in this program. The tax credit will further strong support of this bipartisan legislation to today’s legislation. stimulate the housing market to a point where extend unemployment insurance benefits, ex- Mr. BLUMENAUER. Mr. Speaker, Oregon more potential buyers will enter the market, in tend and expand the homebuyer tax credit, has one of the highest unemployment rates in turn helping to stabilize and eventually in- and provide needed liquidity to businesses the country at 11.5%, which means that hun- crease housing prices. The passage of this struggling to stay afloat in this difficult econ- dreds of thousands of Oregonians are without legislation marks an important step toward the omy. work. In the Portland region, roughly 140,000 Millions of Americans remain unemployed residents are out of work. full recovery of our nation’s housing market through no fault of their own and are strug- The average weekly unemployment insur- and our economy overall. The SPEAKER pro tempore. The gling to make ends meet. If Congress and the ance benefit in Oregon is $310. Each week, I question is on the motion offered by President had not taken action with the Re- receive letters indicating how much of a lifeline the gentleman from New York (Mr. covery Act, millions more would be unem- these unemployment benefits are. Unfortu- RANGEL) that the House suspend the ployed. We now know that the Recovery Act nately, many families are nearing the end of rules and concur in the Senate amend- has saved or created at least 640,000 jobs these benefits. ment to the bill, H.R. 3548. across the country and 6,700 jobs in Mary- Today, I voted to provide stability to Amer- The question was taken. land. ican families hit hardest by the recession by The SPEAKER pro tempore. In the We are seeing signs of economic recovery extending unemployment benefits. The legisla- opinion of the Chair, two-thirds being and progress. The housing and stock markets tion will provide families with at least 14 weeks in the affirmative, the ayes have it. are rebounding and the gross domestic prod- of additional benefits, and six more weeks to Mr. MCDERMOTT. Mr. Speaker, on uct increased for the first time last month. To those living in the 27 states with the highest that I demand the yeas and nays. help sustain the rebound in the housing mar- unemployment rates—states including Oregon. The yeas and nays were ordered. ket, I am pleased that the bill will extend the This means over 11,000 Oregonians will retain The SPEAKER pro tempore. Pursu- first-time homebuyer tax credit as well as ex- their insurance for an additional 20 weeks. ant to clause 8 of rule XX and the pand the credit to those homeowners who Also, this bill does not add to the deficit. Chair’s prior announcement, further have been in their current residence for at Rather, it is paid for by extending a federal un- proceedings on this motion will be least the last five years. Additionally, this legis- employment tax that has been in place for postponed. lation will provide needed liquidity to cash- more than 30 years. f strapped businesses by giving companies a It is important to recognize that the losses one-time opportunity to carry back their oper- from unemployment will last long after these WORLD WAR I MEMORIAL AND ating losses for five years in order to further workers—and the millions like them around CENTENNIAL ACT OF 2009 support our economic recovery. the country—have again found work. Income Mr. DAVIS of Illinois. Mr. Speaker, I Mr. Speaker, much work remains to be losses for workers who are let go in a reces- move to suspend the rules and pass the done. Protecting the middle class, rebuilding sion can persist for as long as two decades, bill (H.R. 1849) to designate the Liberty our economy, and providing job growth re- and in some cases longer. Memorial at the National World War I mains our top priority. I urge my colleagues to The economic crisis gripping the United Museum in Kansas City, Missouri, as support this much-needed legislation. States is one of the greatest economic chal- the National World War I Memorial, to Mr. CONYERS. Mr. Speaker, I rise today in lenges that the country has faced. It can be establish the World War I centennial strong support of H.R. 3548, which extends squarely traced to the ideology of economic commission to ensure a suitable ob- unemployment benefits to scores of Ameri- deregulation, leaving the government with few servance of the centennial of World

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12391 War I, and for other purposes, as leaders; Lieutenant General Baron Jacques about events and plans for the centennial of amended. of Belgium, General Armando Diaz of Italy, World War I. The Clerk read the title of the bill. Marshal Ferdinand Foch of France, General (d) MEMBERSHIP.— The text of the bill is as follows: John J. Pershing of the United States, and (1) NUMBER AND APPOINTMENT.—The Com- Admiral Lord Earl Beatty of Great Britain, mission shall be composed of 24 members as H.R. 1849 were together at one place. follows: Be it enacted by the Senate and House of Rep- (17) General Pershing noted at the Novem- (A) Four members appointed by the Speak- resentatives of the United States of America in ber 1, 1921, dedication that ‘‘[t]he people of er of the House of Representatives. Congress assembled, Kansas City, Missouri, are deeply proud of (B) Three members appointed by the mi- SECTION 1. SHORT TITLE. the beautiful memorial, erected in tribute to nority leader of the House of Representa- This Act may be cited as the ‘‘World War the patriotism, the gallant achievements, tives. I Memorial and Centennial Act of 2009’’. and the heroic sacrifices of their sons and (C) Four members appointed by the Senate SEC. 2. FINDINGS. daughters who served in our country’s armed majority leader. Congress finds the following: forces during the World War. It symbolized (D) Three members appointed by the Sen- (1) More than 4,000,000 men and women their grateful appreciation of duty well done, ate minority leader. from the United States served in uniform in an appreciation which I share, because I (E) Seven members who are broadly rep- know so well how richly it is merited’’. the defense of liberty during World War I, resentative of the people of the United (18) During an Armistice Day ceremony in among them two future presidents, Harry S. States (including members of the armed 1924, President Calvin Coolidge marked the Truman and Dwight D. Eisenhower. services and veterans), appointed by the beginning of a three-year construction (2) 2,000,000 individuals from the United President. project for the Liberty Memorial by the lay- States served overseas during World War I, (F) The executive director of the Veterans ing of the cornerstone of the memorial. including 200,000 naval personnel who served of Foreign Wars of the United States (or the (19) The 217-foot Liberty Memorial Tower on the seas. director’s delegate). has an inscription that reads ‘‘In Honor of (3) The United States suffered 375,000 cas- (G) The executive director of the American Those Who Served in the World War in De- ualties during World War I. Legion (or the director’s delegate). fense of Liberty and Our Country’’ as well as (H) The president of the Liberty Memorial (4) The events of 1914 through 1918 shaped four stone ‘‘Guardian Spirits’’ representing Association, the nonprofit entity responsible the world, our country, and the lives of mil- courage, honor, patriotism, and sacrifice, for the management of America’s National lions of people in countless ways. which rise above the observation deck, mak- World War I Museum (or the president’s dele- (5) The centennial of World War I offers an ing the Liberty Memorial a noble tribute to gate). opportunity for people in the United States all who served in World War I. (2) EX OFFICIO MEMBERS.—The Archivist of to learn about the sacrifices of their prede- (20) During a rededication for the Liberty the United States and the Secretary of the cessors. Memorial in 1961, World War I veterans and Smithsonian Institution shall serve in an ex (6) Commemorative efforts allow people in former Presidents Harry S. Truman and officio capacity on the Commission to pro- the United States to gain a historical under- Dwight D. Eisenhower recognized the memo- vide advice and information to the Commis- standing of the type of conflicts that cause rial as a constant reminder of the sacrifices countries to go to war and how those con- during World War I and the progress that fol- sion. flicts are resolved. lowed. (3) CONTINUATION OF MEMBERSHIP.—If a (7) Kansas City is home to the Liberty Me- (21) The 106th Congress recognized the Lib- member of the Commission under subpara- morial and America’s National World War I erty Memorial as a national symbol of World graph (F), (G), or (H) of paragraph (1) ceases Museum (as so recognized in the Ronald W. War I. to hold a position named in such subpara- Reagan National Defense Authorization Act (22) The National World War I Museum is graph, that member must resign from the for Fiscal Year 2005 (Public Law 108–375)). the only public museum in the United States Commission as of the date that the member (8) America’s National World War I Mu- specifically dedicated to the history of World ceases to hold that position. seum seeks— War I. (4) TERMS.—Each member shall be ap- (A) to preserve the history of World War I; (23) The National World War I Museum is pointed for the life of the Commission. and known throughout the world as a major cen- (5) DEADLINE FOR APPOINTMENT.—All mem- (B) to educate and enlighten people about ter of World War I remembrance. bers of the Commission shall be appointed not later than 90 days after the date of the this significant event, the consequences of SEC. 3. DESIGNATION OF THE LIBERTY MEMO- which are still with us. RIAL AT THE NATIONAL WORLD WAR enactment of this Act. (9) Kansas City is home to the national I MUSEUM IN KANSAS CITY, MIS- (6) VACANCIES.—A vacancy on the Commis- headquarters for the Veterans of Foreign SOURI, AS THE NATIONAL WORLD sion shall— Wars. WAR I MEMORIAL. (A) not affect the powers of the Commis- (10) Missouri is the home State of General The Liberty Memorial at the National sion; and John Joseph Pershing, who commanded the World War I Museum in Kansas City, Mis- (B) be filled in the manner in which the American Expeditionary Forces in Europe souri, is hereby designated as the ‘‘National original appointment was made. during World War I. World War I Memorial’’. No Federal funds (7) PAY.—Members shall not receive com- (11) The Kansas City area is the home of may be used for the annual operation or pensation for the performance of their duties the Harry S. Truman Presidential Library maintenance of such Memorial. on behalf of the Commission. and Museum. SEC. 4. COMMISSION ON THE COMMEMORATION (8) TRAVEL EXPENSES.—Each member shall (12) The Dwight David Eisenhower Presi- OF THE CENTENNIAL OF WORLD receive travel expenses, including per diem WAR I. dential Library and Museum is located close in lieu of subsistence, in accordance with the (a) ESTABLISHMENT.—There is established a to Kansas City in the neighboring State of applicable provisions under subchapter I of commission to be known as the World War I Kansas. chapter 57 of title 5, United States Code. Centennial Commission (in this Act referred (9) QUORUM.—A majority of members of the (13) There is no nationally recognized me- to as the ‘‘Commission’’). Commission plus one shall constitute a morial honoring the service of Americans (b) PURPOSE.—The purpose of the Commis- who served in World War I. sion is to ensure a suitable observance of the quorum, but a lesser number may hold hear- (14) In 1919, the people of Kansas City, Mis- centennial of World War I that promotes the ings. souri, expressed an outpouring of support values of honor, courage, patriotism, and (10) CHAIRPERSON; VICE CHAIRPERSON.—The and raised more than $2,000,000 in two weeks sacrifice, in keeping with the representation Commission shall elect the Chairperson and for a memorial to the service of Americans of these values through the four Guardian Vice Chairperson of the Commission by a in World War I. That fundraising was an ac- Spirits sculpted on the Liberty Memorial majority vote of the members of the Com- complishment unparalleled by any other city Monument at America’s National World War mission. in the United States irrespective of popu- I Museum. (11) MEETINGS.— lation and reflected the passion of public (c) DUTIES.—The Commission shall have (A) IN GENERAL.—The Commission shall opinion about World War I, which had so re- the following duties: meet at the call of the Chairperson, except cently ended. (1) To plan, develop, and execute programs, that the first meeting shall be held before (15) Following the drive, a national archi- projects, and activities to commemorate the the end of the 120-day period beginning on tectural competition was held by the Amer- centennial of World War I. the effective date of this Act. ican Institute of Architects for designs for a (2) To encourage private organizations and (B) LOCATION.—The Commission shall hold memorial to the service of Americans in State and local governments to organize and the first meeting at America’s National World War I, and the competition yielded a participate in activities commemorating the World War I Museum in Kansas City, Mis- design by architect H. Van Buren Magonigle. centennial of World War I. souri, and thereafter shall hold at least one (16) On November 1, 1921, more than 100,000 (3) To facilitate and coordinate activities meeting per year at such location. people witnessed the dedication of the site throughout the United States related to the (e) DIRECTOR AND ADDITIONAL PERSONNEL for the Liberty Memorial in Kansas City, centennial of World War I. OF THE COMMISSION; EXPERTS AND CONSULT- Missouri. That dedication marked the only (4) To serve as a clearinghouse for the col- ANTS.— time in history that the five allied military lection and dissemination of information (1) DIRECTOR AND STAFF.—

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12392 CONGRESSIONAL RECORD — HOUSE November 5, 2009 (A) APPOINTMENT.—The Chairperson of the mission may not extend beyond the date of of Missouri’s largest city began to Commission shall, in consultation with the termination of the Commission. think about what they could do to me- members of the Commission, appoint an ex- (g) REPORTS.— morialize the men and women who had ecutive director and such other additional (1) PERIODIC REPORT.—Beginning not later sacrificed in World War I. And so in No- personnel as may be necessary to enable the than the last day of the 3-month period be- Commission to perform its duties. ginning on the effective date of this Act, and vember of 1918, community leaders (B) PAY.—The executive director and staff the last day of each 3-month period there- came together and raised $2.5 million of the Commission may be appointed without after, the Commission shall submit to Con- in 10 days. Now if you recalculate the regard to the provisions of title 5, United gress and the President a report on the ac- $2.5 million to inflation, it totals $30 States Code, governing appointments in the tivities and plans of the Commission. million in 10 days. competitive service, and may be paid with- (2) ANNUAL REPORTS.—The Commission The memorial was opened on Novem- out regard to the provisions of chapter 51 and shall submit to the President and Congress ber 1, 1921, to a tumultuous crowd of subchapter III of chapter 53 of such title re- annual reports on the revenue and expendi- 200,000 people, including General John lating to classification and General Schedule tures of the Commission, including a list of pay rates, except that the rate of pay for the J. Pershing, and this photo shows a each gift, bequest, or devise to the Commis- portion of the 200,000 people who came executive director and other staff may not sion with a value of more than $250, together exceed the rate payable for level V of the Ex- with the identity of the donor of each gift, and listened to the five Allied leaders ecutive Schedule under section 5316 of such bequest, or devise. who were together only once in history title. (3) RECOMMENDATIONS.—Not later than 2 at the dedication of the Liberty Memo- (C) WORK LOCATION.—If the city govern- years after the effective date of this Act, the rial in 1921. ment for Kansas City, Missouri, and the non- Commission shall submit to Congress and Harry Truman played a pivotal role profit organization which administers Amer- the President a report containing specific in this because there was a rededica- ica’s National World War I Museum make recommendations for commemorating the tion in 1961 with 40,000 people showing space available, the executive director and centennial of World War I and coordinating any additional personnel appointed under up to join Harry Truman and Dwight related activities. Eisenhower as they rededicated the subparagraph (A) shall work in the building (h) FEDERAL ADVISORY COMMITTEE ACT memorial. that houses that museum. WAIVER.—Section 14 of the Federal Advisory (2) EXPERTS AND CONSULTANTS.—The Com- Committee Act (5 U.S.C. App.), relating to This was 1921. Let me show you a pic- mission may procure temporary and inter- the termination of advisory committees, ture of the memorial today. mittent services under section 3109(b) of title shall not apply to the Commission. When I was elected mayor of Kansas 5, United States Code. (i) AUTHORIZATION OF FUNDS.— City in 1991, the Liberty Memorial was (3) STAFF OF FEDERAL AGENCIES.—Upon re- (1) IN GENERAL.—There is authorized to be in disrepair and so I came to Wash- quest of the Commission, the head of any appropriated to the Commission to carry out ington, met with the head of the Na- Federal department or agency may detail, on this Act $500,000 for each of fiscal years 2010 tional Park Service and asked if they a reimbursable basis, any personnel of that through 2019. department or agency to the Commission to could help. He said what National Park (2) AVAILABILITY.—Amounts made avail- assist it in carrying out its duties under this Service directors should say, We don’t able under this subsection shall remain have any money to try to rebuild the Act. available until the termination of the Com- (f) POWERS OF THE COMMISSION.— mission as described in subsection (k). Liberty Memorial and since we don’t (1) HEARINGS AND SESSIONS.—For the pur- (j) ANNUAL AUDIT.—For any fiscal year for have a World War I memorial and there pose of carrying out this Act, the Commis- which the Commission receives an appropria- is no space on the mall, we hope some- sion may hold hearings, sit and act at times tion of funds, the Inspector General of the and places, take testimony, and receive evi- thing else can transpire. dence as the Commission considers appro- Department of the Interior shall perform an So as mayor, I went out for a vote priate. audit of the Commission, shall make the re- with a half cent sales tax which the sults of any audit performed available to the (2) POWERS OF MEMBERS AND AGENTS.—If voters approved, and we then repaired authorized by the Commission, any member public, and shall transmit such results to the the World War I monument, and this is or agent of the Commission may take any Committee on Oversight and Government it with part of the downtown skyline in Reform of the House of Representatives and action which the Commission is authorized the background. Not only did we re- to take by this section. the Committee on Homeland Security and Governmental Affairs of the Senate. build the World War I monument, but (3) OBTAINING OFFICIAL DATA.—The Com- also the museum at the bottom. This is mission shall secure directly from any de- (k) TERMINATION.—The Commission shall partment or agency of the United States in- terminate on the earlier of the date that is an actual photograph. formation necessary to enable it to carry out 30 days after the activities honoring the cen- Now the sales tax was a point of this Act. Upon the request of the Chair- tennial observation of World War I are car- great pride because we were trying to person of the Commission, the head of that ried out, or July 28, 2019. show the National Park Service that department or agency shall furnish that in- (l) EFFECTIVE DATE.—This section shall the people of Kansas City would, in formation to the Commission. take effect on January 1, 2010. fact, take care of this. This is the (4) GIFTS, BEQUESTS, AND DEVISES.— b 1330 newspaper clipping, the front page on (A) ACCEPTANCE BY COMMISSION.—The Com- the day after the tax, ‘‘Voters Endorse mission may accept, use, and dispose of gifts, The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from Il- Higher Sales Tax to Fix Landmark,’’ bequests, or devises of services or property, and it shows the map which is every both real and personal, for the purpose of linois (Mr. DAVIS) and the gentleman part of the city approved this tax in aiding or facilitating the work of the Com- from California (Mr. BILBRAY) each will mission. control 20 minutes. order to maintain the Liberty Memo- (B) DEPOSIT AND AVAILABILITY.—Gifts, be- The Chair recognizes the gentleman rial. The Liberty Memorial is a special quests, or devises of money and proceeds from Illinois. from sales of other property received as place in Kansas City, Missouri, and gifts, bequests, or devises shall be deposited GENERAL LEAVE people come there from all over the in the Treasury and shall be available for Mr. DAVIS of Illinois. Mr. Speaker, I Nation. In fact, 3 years ago at the an- disbursement upon order of the Commission. ask unanimous consent that all Mem- nual Veterans Day ceremony, the old- (5) MAILS.—The Commission may use the bers may have 5 legislative days in est living veteran from World War I, United States mails in the same manner and which to revise and extend their re- Mr. Buckles, at 106 years of age, actu- under the same conditions as other depart- marks. ments and agencies of the United States. ally came to the memorial, sat beside (6) ADMINISTRATIVE SUPPORT SERVICES.— The SPEAKER pro tempore. Is there me in a wheelchair and wept. Upon the request of the Commission, the Ad- objection to the request of the gen- Here is a photograph of the Liberty ministrator of General Services shall provide tleman from Illinois? Memorial just 15 months ago that to the Commission, on a reimbursable basis, There was no objection. shows me standing in front of 75,000 the administrative support services nec- Mr. DAVIS of Illinois. Mr. Speaker, people, and then President Barack essary for the Commission to carry out its it is my pleasure to yield such time as Obama, taking advantage of the crowd responsibilities under this Act. he might consume to the author of this I drew, standing also in the background (7) CONTRACT AUTHORITY.—The Commission legislation, the gentleman from Mis- is authorized to procure supplies, services, to speak to 75,000 just 15 months ago. and property and to make or enter in con- souri (Mr. CLEAVER). Mr. Speaker, this legislation is sup- tracts, leases, or other legal agreements; ex- Mr. CLEAVER. Mr. Speaker, the ported by over 101 Members of Con- cept that any contract, lease, or other legal First World War ended with an armi- gress. It is bipartisan. All nine Mem- agreement made or entered into by the Com- stice on November 11, 1918. The people bers of the Missouri delegation support

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12393 it. A part of Kansas City is in the dis- its adoption. Thanks for letting me be complishment Unparalleled by any other trict of Congressman SAM GRAVES who a part of it. city in the United States Irrespective of pop- has been an ardent supporter of this. Mr. DAVIS of Illinois. Mr. Speaker, I ulation and reflected the passion of Public I yield first to the gentleman from yield such time as he may consume to opinion about World War I, which had so re- cently ended, and Missouri (Mr. SKELTON) whose father Mr. SKELTON. was there at the beginning of this land- (Mr. SKELTON asked and was given Whereas following the drive, a national ar- permission to revise and extend his re- chitectural competition was held by the mark. American Institute of Architects for designs Mr. SKELTON. I certainly thank the marks.) for a memorial to the service of Americans gentleman from Missouri for yielding, Mr. SKELTON. Mr. Speaker, I in- in World War I, and the competition yielded and I compliment him on this effort clude for the record a letter from the a design by Architect H. Van Buren today which I fully support, as well as Department Commander and Depart- Magonigle, and for his successful effort when he was ment Adjutant of the Department of Whereas on November 1, 1921, more than mayor of Kansas City. Missouri, The American Legion, as well 100,000 people witnessed the dedication of the The Liberty Memorial is not only a as an American Legion Department of site for the Liberty Memorial in Kansas landmark, it is a museum that is like Missouri resolution to designate the City, Missouri, and no other museum in our country. It re- Liberty Memorial of Kansas City at the Whereas the dedication of the site on No- flects that war, the war to end all wars National World War I Museum as the vember 1, 1921 marked the only time in his- in which America was engaged so deep- National World War I Memorial. tory that the five (5) allied Military Leaders present, Lieutenant General Baron Jacques ly. And this memorial has a special THE AMERICAN LEGION, of Belgium, General Armando Diaz of Italy, meaning for me, Mr. Speaker, since my DEPARTMENT OF MISSOURI, INC., Marshal Ferdinand Foch of France, Admiral father served in the Navy during that Jefferson City, MO, October 7, 2009. Lord Earl Beatty of Great Britain, and Gen- war. If you go into the memorial, you Representative IKE SKELTON, eral of the Armies John J. Pershing of the will see his picture in his pancake hat Rayburn Office Bldg., United States of America, were together at Washington, DC. one place, and with USS Missouri emblazoned on the DEAR REPRESENTATIVE SKELTON: On Behalf Whereas General of the Armies John J. front with the ribbon down the back. of the 54,000 Legionnaires of The American Pershing, a native of Missouri and the Com- He was so proud of his service in that Legion Department of Missouri, we would mander of the American Expeditionary war. like to take this opportunity to thank you Forces in World War I, noted at the Novem- Those folks are gone now, but this for your service to our Country and to the ber 1, 1921 Dedication that ‘‘the people of citizens of the Great State of Missouri. Re- serves as a memorial to them, and Kansas City, Missouri are deeply proud of cently during our 91st Annual Department more than that, and it serves as a mu- the beautiful memorial, erected in Tribute Convention, held in Jefferson City, Missouri, seum like none other. It is good for to the patriotism, the gallant achievements, we adopted Missouri Resolution Three, and the heroic sacrifices of their sons and people interested in the art of warfare, which urges the Congress of the United daughters who served in our country’s armed it is good for people who understand States to designate the Liberty Memorial, at forces during the World War. It symbolized and enjoy history to go there and the National World War I Museum in Kansas their grateful appreciation of duty well done, learn. It is a special place for all those City, Missouri, as ‘‘The National World War and appreciation which I share, because I in uniform to reflect upon what Amer- I Memorial.’’ I have attached a copy of said know so well how richly it is merited’’, and ica did in yesteryear. resolution. This is a wonderful undertaking. I The Liberty Memorial site was dedicated Whereas during an Armistice Day cere- mony in 1924, President Calvin Coolidge am so proud of the gentleman from in November of 1921 and marks the only time in history that five Allied Military Leaders marked the beginning of a three year con- Missouri (Mr. CLEAVER) for this resolu- were present to honor the more that 4,000,000 struction project for the Liberty Memorial tion. I compliment him and fully sup- men and women that served during World by the Laying of the cornerstone, and port it and hope it has a unanimous War I. General of the Armies John J. Per- Whereas the 217 foot Liberty Memorial vote. shing, a native of Missouri, noted on that Tower has an inscription that reads, ‘‘In Mr. BILBRAY. Mr. Speaker, I would day ‘‘the people of Kansas City, Missouri are honor of Those Who Served in the World War like to yield such time as he may con- deeply proud of this beautiful memorial, in Defense of Liberty and Our Country’’ as sume to the gentleman from Missouri erected in Tribute to the Patriotism, the gal- well as Four (4) stone ‘‘Guardian Spirits’’ (Mr. GRAVES). lant achievements, and the heroic sacrifices representing Courage, Honors, Patriotism, Mr. GRAVES. Mr. Speaker, I rise of their sons and daughters who served in our and Sacrifices, which rise above the Observa- country’s Armed Forces during the World tion deck, making the Liberty Memorial a today in support of H.R. 1849, the World War. It Symbolized their grateful apprecia- noble Tribute to all who served in World War War I Memorial and Centennial Act of tion of Duty Well Done, and appreciation, I, and 2009, and I want to thank my friend and which I share, because I know so well how Whereas during a rededication of the Lib- Missouri colleague, Congressman richly it is merited.’’ erty Memorial in 1961, World War 1 Veterans EMANUEL CLEAVER, for introducing this The Memorial has been and still remains a and former Presidents Harry S. Truman and legislation. I would very much like to proud part of the patriotic heritage of, not Dwight D. Eisenhower recognized the memo- echo his remarks. He has been very ac- only the people of Missouri, but of the rial as a constant reminder of the sacrifices tive in this process, the work he has United States of America and should be des- during World War I and the progress that fol- ignated as ‘‘The National World War I Memo- lowed, and done at the memorial in Kansas City, rial’’. Whereas the 106th Congress recognized the and I am very proud to call him a good Thank you for your consideration and con- Liberty Memorial as a National Symbol of friend. tinued support. World War I, and As Mr. CLEAVER has already men- Sincerely, Whereas the 108th Congress designated tioned, H.R. 1849 is a fitting recogni- VICTOR J. STRAGLIATI, Department Commander. that the museum at the base of The Liberty tion and tribute to all U.S. veterans Memorial as ‘‘American’s National World who served in World War I, at home WADE F. PROSSER, Department Adjutant. War I Museum’’, and and abroad. This bill designates the RESOLUTION Whereas the American’s National World Liberty Memorial, the National World War I Museum is the only Public museum in Subject: Designate Liberty Memorial, Kan- War I Museum in Kansas City, Mis- the United States specifically Dedicated to sas City, Missouri at the National World souri, as the National World War I Me- the History of World War I, and War I Museum as the National World morial. To be clear, there is no nation- War I Memorial. Whereas the National World War I Museum ally recognized memorial honoring the Whereas more than 4,000,000 American is known throughout the World as a major service of Americans who served in served in World War I, and center of World War I remembrance, now World War I. H.R. 1849 also establishes Whereas there is no nationally recognized Therefore, be it a World War I Centennial Commission Memorial honoring the Service of those over Resolved: by The American Legion Depart- to ensure suitable observance of the 4,000,000 American, and ment of Missouri in regular Convention assem- Whereas in 1919 (90 years ago since this is bled in Jefferson City, Missouri on July 16, 17, centennial of World War I which is fast 2009) the people of Kansas City, Missouri, ex- 18, and 19, That The American Legion De- approaching. pressed an outpouring of support and raised partment of Missouri urges The Congress of Again, I thank Congressman CLEAVER more than $2,000,000 in two (2) weeks for a The United States of America to designate for his outstanding work on this impor- Memorial to the service of American who The Liberty Memorial, Kansas City, Mis- tant legislation. I would strongly urge served in World War I. This fund was an ac- souri at the National World War I Museum in

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12394 CONGRESSIONAL RECORD — HOUSE November 5, 2009 Kansas City, Missouri as the ‘‘NATIONAL war that transformed not only Europe, proceedings on this motion will be WORLD WAR I MEMORIAL’’. but Asia and Africa. We forget about postponed. VICTOR J. STRAGLIATI, that. We forget that the wars were not Department Com- just fought in Flanders Field, but f mander, Department of Missouri, The fought in villages and on three con- American Legion. tinents. And we not only saw the bat- CORPORAL JOSEPH A. TOMCI POST WADE F. PROSSER, tles of Americans in the skies of OFFICE BUILDING Department Adjutant, France, but we also saw, like my moth- Mr. DAVIS of Illinois. Mr. Speaker, I Department of Mis- er’s side of the family, Australians move to suspend the rules and pass the souri, The American fighting in Turkey; the battles in Legion. bill (H.R. 3788) to designate the facility Saudi Arabia; the concepts and the bat- of the United States Postal Service lo- Mr. BILBRAY. Mr. Speaker, I would tles in Africa. These are things that we cated at 3900 Darrow Road in Stow, like to yield such time as he may con- don’t read about and think about, but Ohio, as the ‘‘Corporal Joseph A. sume to the distinguished gentleman it truly was a world conflict involving Tomci Post Office Building’’. once removed from Missouri, but from millions and millions of men and The Clerk read the title of the bill. California now, Mr. DREIER. women around the world. The text of the bill is as follows: Mr. DREIER. Mr. Speaker, I thank This memorial in the heart of Amer- my colleague from San Diego for yield- ica is so appropriate for us to stop and H.R. 3788 ing, and I am very privileged and hon- think about the fact that although a Be it enacted by the Senate and House of Rep- ored to join here with my fellow na- lot of Americans had second thoughts resentatives of the United States of America in Congress assembled, tives of the Show Me State. And I want and misgivings about our venturing SECTION 1. CORPORAL JOSEPH A. TOMCI POST to congratulate my former mayor from overseas, the first major venture that OFFICE BUILDING. Kansas City and now distinguished col- we had seen in that century following (a) DESIGNATION.—The facility of the league here in the House for intro- the last venture, which was actually United States Postal Service located at 3900 ducing this resolution. very close to our neighborhoods. Darrow Road in Stow, Ohio, shall be known First and foremost, this is about rec- b 1345 and designated as the ‘‘Corporal Joseph A. ognizing those tens of thousands of Tomci Post Office Building’’. Americans who lost their lives in the So I think it is quite appropriate (b) REFERENCES.—Any reference in a law, First World War. It was a very chal- that today, where America finds itself map, regulation, document, paper, or other lenging time for the entire world when today involved around the world, that record of the United States to the facility re- ferred to in subsection (a) shall be deemed to we look at the two alliances that ex- we’ve got to remember that we didn’t start this. We inherited the fact that be a reference to the ‘‘Corporal Joseph A. isted at that time. It is often forgotten Tomci Post Office Building’’. when we talk about the Great World World War I was truly when America stepped forward, and not just declaring The SPEAKER pro tempore. Pursu- War being the Second World War. ant to the rule, the gentleman from Il- The Liberty Memorial is very impor- ourselves a world power, but one that linois (Mr. DAVIS) and the gentleman tant to me personally, as the gen- would stand up and fight for freedom from California (Mr. BILBRAY) each will tleman from Kansas City and I have whenever and wherever it was threat- control 20 minutes. discussed, Mr. Speaker. My great- ened. The Chair recognizes the gentleman grandfather was on the city council of Mr. Speaker, I yield back the balance from Illinois. Kansas City, Charles O. LaRue. He was of my time. Mr. DAVIS of Illinois. Mr. Speaker, one of the individuals who played a GENERAL LEAVE to close, let me just, first of all, com- role in the construction of the Liberty Mr. DAVIS of Illinois. Mr. Speaker, I mend all of our colleagues with lineage Memorial itself when it was built in ask unanimous consent that all Mem- and heritage to the great State of Mis- 1921. In 1921, he was a member of the bers may have 5 legislative days in souri. Let me also commend Represent- city council. which to revise and extend their re- I have memories of having first vis- ative CLEAVER for his introduction of marks. ited the Liberty Memorial when I was this legislation. The SPEAKER pro tempore. Is there And I couldn’t end without paying a very young child. In fact, I remember objection to the request of the gen- special tribute to the family of Rep- very vividly when I was 4 or 5 years old tleman from Illinois? resentative SKELTON for the tremen- and President Eisenhower came and de- There was no objection. dous service that they have provided to livered a spectacular address at the Mr. DAVIS of Illinois. Mr. Speaker, I this country, both in the military, and foot of the Liberty Memorial in Kansas yield myself such time as I may con- of course Chairman SKELTON here in City, Missouri. sume. this House of Representatives. Mr. Speaker, on behalf of the House Recently, I had a chance to be there As we move towards Veterans Day, and see the dramatic expansion of this subcommittee with jurisdiction over where we will honor and pay tribute to the United States Postal Service, I am memorial. As one walks in and see the all of our veterans because they have poppies on display that you walk over, very proud to present H.R. 3788 for con- given all of us the opportunity to live sideration. This measure will designate it is a very moving experience when in a free and democratic society—and I you think about the men who faced the the facility of the United States Postal don’t think there is anything more im- Service located at 3900 Darrow Road in conflict in World War I. portant than that—I ask all of my col- I just want to say that I have told my Stow, Ohio, as the ‘‘Corporal Joseph A. leagues to join me in supporting H.R. friend from Kansas City that I anx- Tomci Post Office Building.’’ 1849. H.R. 3788 was introduced by my col- iously look forward, with my great- Mr. Speaker, I yield back the balance league Representative STEVEN grandfather’s name being inscribed at of my time. the base of the Liberty Memorial, to be The SPEAKER pro tempore. The LATOURETTE of Ohio on October 13, able to participate in any celebration question is on the motion offered by 2009, and favorably reported out of the or ceremony they have. He has invited the gentleman from Illinois (Mr. Oversight Committee by unanimous consent on October 29, 2009. Addition- me to be there, and I will join him and DAVIS) that the House suspend the it will be a great honor. I am privileged rules and pass the bill, H.R. 1849, as ally, this legislation enjoys the over- to be invited, and I am proud to be a amended. whelming support of the Ohio House cosponsor of Mr. CLEAVER’s resolution. The question was taken. delegation. Mr. BILBRAY. Mr. Speaker, I yield The SPEAKER pro tempore. In the After graduating from Stow-Munroe myself such time as I may consume. opinion of the Chair, two-thirds being Falls High School in 2003, Corporal Too quickly we forget those who in the affirmative, the ayes have it. Tomci joined the U.S. Marine Corps have served all over the world. Sadly, Mr. DAVIS of Illinois. Mr. Speaker, and was assigned to the 3rd Battalion, we even forget the magnitude of the on that I demand the yeas and nays. 9th Marine Regiment, 2nd Marine Divi- wars they fought. So often in the The yeas and nays were ordered. sion, II Marine Expeditionary Force United States, we think about Europe The SPEAKER pro tempore. Pursu- out of Camp Lejeune, North Carolina. in World War I and service there, but ant to clause 8 of rule XX and the Tragically, on August 2, 2006, while this truly was a world war. It was a Chair’s prior announcement, further conducting combat operations during

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12395 his second tour in support of Operation dents would chart Joe’s progress in Tomci was a patriot and ‘‘he was made to be Iraqi Freedom, Corporal Tomci was Iraq on a map to reflect his experi- a Marine.’’ killed in a roadside bomb in al Anbar ences. I urge the passage of this bill in honor of an province, Iraq. He was only 21 years old Joe Tomci was a great son, a great ambitious, caring, and dedicated American at the time. friend, and a great leader. And I hon- who sacrificed his life while serving his coun- Although Corporal Tomci is no estly can’t think of many people at the try. longer with us, his spirit will endure in age of 21 who have made such a mark Mr. BILBRAY. Mr. Speaker, I yield the memory of his mother, Gayle, his on the world in such a short amount of back the balance of my time. stepfather, Phil, his friends, and all time. Mr. DAVIS of Illinois. Mr. Speaker, I those who were fortunate enough to He loved his family and his friends, yield back the balance of my time. know this brave young man. In fact, he loved serving his country, and he The SPEAKER pro tempore. The every year since his death, a group of loved being a marine. He told his moth- question is on the motion offered by Corporal Tomci’s friends gather to- er, Gayle, that he believed in what he the gentleman from Illinois (Mr. gether in Silver Springs Park in Stow, was doing and that he believed that his DAVIS) that the House suspend the Ohio, to remember the life of their service was a benefit to the world. rules and pass the bill, H.R. 3788. friend and hero. Affectionately called I’ve had the privilege, as most of our The question was taken. ‘‘Joe Tom Day’’ after Corporal Tomci’s colleagues have, of travelling to Iraq to The SPEAKER pro tempore. In the nickname, about 150 joined in this witness firsthand the important work opinion of the Chair, two-thirds being year’s commemoration and wore black of servicemen and -women like Joe and in the affirmative, the ayes have it. what they’re doing every day, as well T-shirts with Corporal Tomci’s quote, Mr. DAVIS of Illinois. Mr. Speaker, as the selfless sacrifices that they and ‘‘You guys will be telling your kids on that I demand the yeas and nays. their families make. Some, like Joe, about me,’’ on their backs. The yeas and nays were ordered. have made the ultimate sacrifice, but And so, Mr. Speaker, let us, as a The SPEAKER pro tempore. Pursu- body, take this opportunity to recog- their deaths have not been in vain. Mr. Speaker, I appreciate the work of ant to clause 8 of rule XX and the nize the life of Corporal Tomci, which the committee in approving this legis- Chair’s prior announcement, further stands as a testament to the bravery lation, and I urge my colleagues to sup- proceedings on this motion will be and dedication of the heroic men and port the bill. postponed. women who serve our great Nation. Mr. DAVIS of Illinois. Mr. Speaker, I f I urge all of our Members to join in reserve the balance of my time. support of this resolution. Mr. BILBRAY. Mr. Speaker, I yield ANNOUNCEMENT BY THE SPEAKER Mr. Speaker, I reserve the balance of myself as much time as I may con- PRO TEMPORE my time. sume. The SPEAKER pro tempore. Pursu- Mr. BILBRAY. Mr. Speaker, at this Mr. Speaker, my words on this quite ant to clause 8 of rule XX, proceedings time, I would like to yield as much appropriate bill would pale in compari- will resume on motions to suspend the time as he may consume to the distin- son to the fine words from the gen- rules previously postponed. guished gentleman from Ohio (Mr. tleman from Ohio and the gentleman Votes will be taken in the following ATOURETTE). L from Chicago. I think they said it quite order: Mr. LATOURETTE. I thank my well and eloquently, so at this time I Concurring in the Senate amendment friend from California for yielding. think it’s appropriate that I just urge to H.R. 3548, by the yeas and nays; I want to thank the Chair and rank- all Members to support H.R. 3788. H. Con. Res. 139, by the yeas and ing member of the Government Reform I rise today in support of this bill designating nays; and Oversight Committee for moving the United States Postal Facility, located at H. Res. 880, de novo. this bill in such an expedited manner. I 3900 Darrow Road in Stow, Ohio as the ‘‘Cor- The first electronic vote will be con- want to thank my friend and colleague poral Joseph A. Tomci Post Office Building.’’ ducted as a 15-minute vote. Remaining from Illinois (Mr. DAVIS) and from Cali- A native of Ohio, Corporal Joseph Tomci electronic votes will be conducted as 5- fornia (Mr. BILBRAY) for bringing this was a ‘‘humble, determined and athletic’’ man. minute votes. bill to the floor today. A football player and avid outdoorsman, Cor- I am proud to be the lead sponsor of poral Tomci graduated from Stow-Munroe f H.R. 3788. It is going to honor a marine Falls High School located in Stow, Ohio in UNEMPLOYMENT COMPENSATION and native of Stow, Ohio, who gave his 2003. EXTENSION ACT OF 2009 life in the line of duty, Corporal Joseph As a teenager he was determined to join the A. Tomci, and I urge my colleagues to Marines. After the September 11th attacks, his The SPEAKER pro tempore. The un- support the bill. This bill will name the decision was reinforced and he enlisted in the finished business is the vote on the mo- post office at 3900 Darrow Road in Stow United States Marine Corps just a few months tion to suspend the rules and concur in as the Corporal Joseph A. Tomci Post after graduating from high school. Corporal the Senate amendment to the bill, H.R. Office Building. Tomci was inspired by his favorite quote ‘‘the 3548, on which the yeas and nays were As has been mentioned, Joe Tomci, a only thing necessary for the triumph of evil is ordered. graduate of Stow-Munroe Falls High for good men to do nothing’’. He was assigned The Clerk read the title of the bill. School, was killed in a roadside bomb- to the 2nd Marine Division, 3rd Battalion, 8th The SPEAKER pro tempore. The ing on August 2, 2006. It was his second Marines, Lima Company based in Camp question is on the motion offered by tour of duty in Iraq, and he happened Lejeune and quickly rose to a leadership posi- the gentleman from New York (Mr. to be only 21. tion. He was deployed three times—Haiti in RANGEL) that the House suspend the While I didn’t have the pleasure of 2004, Fallujah, Iraq in 2005, and Ramadi in rules and concur in the Senate amend- knowing Joe Tomci when he was alive, 2006. ment to the bill, H.R. 3548. I have been awed by the impact that he When on leave from Iraq, Corporal Tomci The vote was taken by electronic de- had on those who did have the privilege often told friends ‘‘I’m doing this so you guys vice, and there were—yeas 403, nays 12, of knowing him, loving him, and call- don’t have to.’’ As a squad leader, Corporal not voting 18, as follows: ing him a friend. There were thousands Tomci had great concern for the 12 Marines [Roll No. 859] of people, Mr. Speaker, at his funeral. under his command. He was especially con- YEAS—403 And every year since his death, friends scious of training the soldiers who had just Abercrombie Bachus Berry and family have gathered to remember been deployed to Iraq, once telling his mother Ackerman Baird Biggert Joe on the anniversary that he died. Adler (NJ) Baldwin Bilbray that now he knew what it felt like to be a par- Akin Barrett (SC) Bilirakis There is also a tree planted at Fish ent. Alexander Barrow Bishop (GA) Creek Elementary School. And you Tragically, while serving his 3rd deployment Altmire Bartlett Bishop (NY) may think, well, maybe that’s where in Ramadi, he was killed by a roadside bomb Andrews Barton (TX) Bishop (UT) Joe went to school, but the reason the Arcuri Bean Blackburn on August 2, 2006. Austria Becerra Blumenauer tree is there is that Joe was a pen pal After his death, one of Corporal Tomci’s Baca Berkley Blunt of the students for 2 years, and the stu- friends put it best when he said Corporal Bachmann Berman Boccieri

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12396 CONGRESSIONAL RECORD — HOUSE November 5, 2009 Boehner Garamendi Maffei Sarbanes Snyder Van Hollen the gentlewoman from California (Mrs. Bonner Gerlach Maloney Schakowsky Souder Vela´ zquez AVIS Bono Mack Giffords Manzullo Schauer Space Visclosky D ) that the House suspend the Boozman Gingrey (GA) Marchant Schiff Speier Walden rules and agree to the concurrent reso- Boren Gohmert Markey (CO) Schmidt Spratt Walz lution, H. Con. Res. 139. Boswell Gonzalez Markey (MA) Schock Stark Wamp This will be a 5-minute vote. Boucher Goodlatte Marshall Schrader Stearns Wasserman Boustany Gordon (TN) Massa Schwartz Sullivan Schultz The vote was taken by electronic de- Boyd Granger Matheson Scott (GA) Sutton Waters vice, and there were—yeas 411, nays 0, Brady (TX) Graves Matsui Scott (VA) Tanner Watson not voting 22, as follows: Bright Grayson McCarthy (CA) Sensenbrenner Taylor Watt Brown (SC) Green, Al McCarthy (NY) Serrano Teague Waxman [Roll No. 860] Brown, Corrine Green, Gene McCaul Sestak Terry Weiner YEAS—411 Shea-Porter Thompson (CA) Welch Brown-Waite, Griffith McCollum Abercrombie Sherman Thompson (MS) Westmoreland Crowley Hoyer Ginny Grijalva McCotter Ackerman Shimkus Thompson (PA) Wexler Cuellar Hunter Buchanan Guthrie McDermott Adler (NJ) Shuler Thornberry Whitfield Culberson Inglis Burton (IN) Gutierrez McGovern Akin Shuster Tiahrt Wilson (OH) Dahlkemper Inslee Butterfield Hall (NY) McHenry Alexander Simpson Tiberi Wilson (SC) Davis (AL) Israel Buyer Hall (TX) McIntyre Altmire Sires Tierney Wittman Davis (CA) Issa Calvert Halvorson McKeon Andrews Skelton Titus Wolf Davis (TN) Jackson (IL) Camp Hare McMahon Arcuri Slaughter Tonko Woolsey DeFazio Jackson-Lee Campbell Harman McMorris Austria Smith (NE) Towns Wu DeGette (TX) Cantor Hastings (FL) Rodgers Baca Smith (NJ) Tsongas Yarmuth Delahunt Jenkins Cao Hastings (WA) McNerney Bachmann Smith (TX) Turner Young (AK) DeLauro Johnson (GA) Capito Heinrich Meek (FL) Bachus Smith (WA) Upton Young (FL) Dent Johnson (IL) Capps Heller Meeks (NY) Baird Diaz-Balart, L. Johnson, E. B. Cardoza Hensarling Melancon NAYS—12 Baldwin Diaz-Balart, M. Jones Carnahan Herger Mica Barrett (SC) Dicks Jordan (OH) Broun (GA) Garrett (NJ) Price (GA) Carney Higgins Michaud Barrow Dingell Kagen Burgess Linder Radanovich Carson (IN) Hill Miller (FL) Bartlett Doggett Kanjorski Flake McClintock Scalise Carter Himes Miller (MI) Barton (TX) Donnelly (IN) Kaptur Franks (AZ) Paul Shadegg Cassidy Hinchey Miller (NC) Bean Doyle Kildee Castle Hinojosa Miller, Gary NOT VOTING—18 Becerra Dreier Kilpatrick (MI) Castor (FL) Hirono Miller, George Berkley Driehaus Kilroy Aderholt Harper Rogers (MI) Chaffetz Hodes Minnick Berman Duncan Kind Brady (PA) Herseth Sandlin Sa´ nchez, Linda Chandler Hoekstra Mitchell Berry Edwards (MD) King (IA) Braley (IA) Honda Childers Holden Mollohan T. Biggert Edwards (TX) King (NY) Capuano Murphy, Patrick Chu Holt Moore (KS) Sessions Bilbray Ehlers Kingston Cole Nunes Clarke Hoyer Moore (WI) Stupak Bilirakis Ellison Kirk Culberson Obey Clay Hunter Moran (KS) Bishop (GA) Ellsworth Kirkpatrick (AZ) Davis (KY) Poe (TX) Cleaver Inglis Moran (VA) Bishop (NY) Emerson Kissell Clyburn Inslee Murphy (CT) b 1420 Bishop (UT) Engel Klein (FL) Coble Israel Murphy (NY) Blackburn Eshoo Kline (MN) Coffman (CO) Issa Murphy, Tim Messrs. FRANKS of Arizona and LIN- Blumenauer Etheridge Kosmas Cohen Jackson (IL) Murtha DER changed their vote from ‘‘yea’’ to Blunt Fallin Kratovil Conaway Jackson-Lee Myrick ‘‘nay.’’ Boccieri Farr Kucinich Connolly (VA) (TX) Nadler (NY) Bonner Fattah Lamborn Conyers Jenkins Napolitano Ms. CLARKE changed her vote from Bono Mack Filner Lance Cooper Johnson (GA) Neal (MA) ‘‘nay’’ to ‘‘yea.’’ Boozman Flake Larsen (WA) Costa Johnson (IL) Neugebauer So (two-thirds being in the affirma- Boren Fleming Larson (CT) Costello Johnson, E. B. Nye tive) the rules were suspended and the Boswell Forbes Latham Courtney Johnson, Sam Oberstar Boucher Fortenberry LaTourette Crenshaw Jones Olson Senate amendment was concurred in. Boustany Foster Latta Crowley Jordan (OH) Olver The result of the vote was announced Boyd Foxx Lee (CA) Cuellar Kagen Ortiz as above recorded. Brady (TX) Frank (MA) Lee (NY) Cummings Kanjorski Pallone A motion to reconsider was laid on Bright Franks (AZ) Levin Dahlkemper Kaptur Pascrell the table. Broun (GA) Frelinghuysen Lewis (CA) Davis (AL) Kennedy Pastor (AZ) Brown (SC) Fudge Lewis (GA) Davis (CA) Kildee Paulsen Stated for: Brown, Corrine Gallegly Linder Davis (IL) Kilpatrick (MI) Payne Mr. POE of Texas. Mr. Speaker, on rollcall Brown-Waite, Garamendi Lipinski Davis (TN) Kilroy Pence No. 859, I was unavoidably detained. Had I Ginny Garrett (NJ) LoBiondo Deal (GA) Kind Perlmutter been present, I would have voted ‘‘yea.’’ Buchanan Gerlach Loebsack DeFazio King (IA) Perriello Burgess Giffords Lofgren, Zoe DeGette King (NY) Peters Mr. HARPER. Mr. Speaker, on rollcall No. Burton (IN) Gingrey (GA) Lowey Delahunt Kingston Peterson 859, I was unavoidably detained. Had I been Butterfield Gohmert Lucas DeLauro Kirk Petri present, I would have voted ‘‘yea.’’ Buyer Gonzalez Luetkemeyer ´ Dent Kirkpatrick (AZ) Pingree (ME) Mr. ROGERS of Michigan. Mr. Speaker, on Calvert Goodlatte Lujan Diaz-Balart, L. Kissell Pitts Camp Granger Lummis Diaz-Balart, M. Klein (FL) Platts rollcall No. 859, I was unable to vote as I was Campbell Graves Lungren, Daniel Dicks Kline (MN) Polis (CO) in Michigan attending to a recent death in my Cao Grayson E. Dingell Kosmas Pomeroy family. Had I been present, I would have voted Capito Green, Al Lynch Doggett Kratovil Posey Capps Green, Gene Mack Donnelly (IN) Kucinich Price (NC) ‘‘yea.’’ Cardoza Griffith Maffei Doyle Lamborn Putnam Mr. OBEY. Mr. Speaker, on rollcall No. 859 Carnahan Grijalva Maloney Dreier Lance Quigley I was involved in discussions with Wisconsin’s Carney Guthrie Manzullo Driehaus Langevin Rahall Governor about upcoming health reform legis- Carson (IN) Gutierrez Marchant Duncan Larsen (WA) Rangel Carter Hall (NY) Markey (CO) Edwards (MD) Larson (CT) Rehberg lation and missed the vote. Had I been Cassidy Hall (TX) Markey (MA) Edwards (TX) Latham Reichert present, I would have voted ‘‘yea.’’ Castle Halvorson Marshall Ehlers LaTourette Reyes f Castor (FL) Hare Massa Ellison Latta Richardson Chaffetz Harman Matheson Ellsworth Lee (CA) Rodriguez CONGRATULATING FIRST UNITED Chandler Harper Matsui Emerson Lee (NY) Roe (TN) STATES AIR FORCE ACADEMY Childers Hastings (FL) McCarthy (CA) Engel Levin Rogers (AL) Chu Hastings (WA) McCarthy (NY) Eshoo Lewis (CA) Rogers (KY) GRADUATION CLASS ON ITS 50TH Clarke Heinrich McCaul Etheridge Lewis (GA) Rohrabacher ANNIVERSARY Clay Heller McClintock Fallin Lipinski Rooney Cleaver Hensarling McCollum Farr LoBiondo Ros-Lehtinen The SPEAKER pro tempore. The un- Clyburn Herger McCotter Fattah Loebsack Roskam finished business is the vote on the mo- Coble Higgins McDermott Filner Lofgren, Zoe Ross tion to suspend the rules and agree to Coffman (CO) Hill McGovern Fleming Lowey Rothman (NJ) the concurrent resolution, H. Con. Res. Cohen Himes McHenry Forbes Lucas Roybal-Allard Conaway Hinchey McIntyre Fortenberry Luetkemeyer Royce 139, as amended, on which the yeas and Connolly (VA) Hinojosa McKeon Foster Luja´ n Ruppersberger nays were ordered. Conyers Hirono McMahon Foxx Lummis Rush The Clerk read the title of the con- Cooper Hodes McMorris Frank (MA) Lungren, Daniel Ryan (OH) current resolution. Costa Hoekstra Rodgers Frelinghuysen E. Ryan (WI) Costello Holden McNerney Fudge Lynch Salazar The SPEAKER pro tempore. The Courtney Holt Meek (FL) Gallegly Mack Sanchez, Loretta question is on the motion offered by Crenshaw Honda Meeks (NY)

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12397 Melancon Rahall Snyder The SPEAKER pro tempore. In the McCarthy (CA) Pitts Skelton Mica Rangel Souder opinion of the Chair, two-thirds being McCarthy (NY) Platts Slaughter Michaud Rehberg Space McCaul Poe (TX) Smith (NE) Miller (FL) Reichert Speier in the affirmative, the ayes have it. McClintock Polis (CO) Smith (NJ) Miller (MI) Reyes Spratt RECORDED VOTE McCollum Pomeroy Smith (TX) Miller (NC) Richardson Stark McCotter Posey Smith (WA) Miller, Gary Rodriguez Stearns Mr. CONNOLLY of Virginia. Mr. McDermott Price (GA) Snyder Miller, George Roe (TN) Sullivan Speaker, I demand a recorded vote. McGovern Price (NC) Souder Minnick Rogers (AL) Sutton A recorded vote was ordered. McHenry Putnam Space Mitchell Rogers (KY) Tanner McIntyre Quigley Speier Mollohan Rohrabacher Taylor The SPEAKER pro tempore. This McKeon Radanovich Spratt Moore (KS) Rooney Teague will be a 5-minute vote. McMahon Rahall Stark Moore (WI) Ros-Lehtinen Terry The vote was taken by electronic de- McMorris Rangel Stearns Moran (KS) Roskam Thompson (CA) Rodgers Rehberg Sullivan Moran (VA) Ross Thompson (MS) vice, and there were—ayes 409, noes 0, McNerney Reichert Sutton Murphy (CT) Rothman (NJ) Thompson (PA) not voting 24, as follows: Meek (FL) Reyes Tanner Murphy (NY) Roybal-Allard Meeks (NY) Richardson Taylor Thornberry Murphy, Tim Royce [Roll No. 861] Melancon Rodriguez Teague Tiahrt Murtha Ruppersberger Mica Roe (TN) Terry Tiberi AYES—409 Myrick Rush Michaud Rogers (AL) Thompson (CA) Tierney Nadler (NY) Ryan (OH) Abercrombie Cooper Hensarling Miller (FL) Rogers (KY) Thompson (MS) Titus Napolitano Ryan (WI) Ackerman Costa Herger Miller (MI) Rohrabacher Thompson (PA) Neal (MA) Salazar Tonko Adler (NJ) Costello Higgins Miller (NC) Rooney Thornberry Neugebauer Sanchez, Loretta Towns Akin Courtney Himes Miller, Gary Ros-Lehtinen Tiahrt Nye Sarbanes Tsongas Alexander Crenshaw Hinchey Miller, George Roskam Tiberi Oberstar Scalise Turner Altmire Crowley Hinojosa Minnick Ross Tierney Obey Schakowsky Upton Andrews Cuellar Hirono Mitchell Rothman (NJ) Titus Olson Schauer Van Hollen Arcuri Culberson Hodes Mollohan Roybal-Allard Tonko ´ Olver Schiff Velazquez Austria Cummings Hoekstra Moore (KS) Royce Towns Ortiz Schmidt Visclosky Baca Dahlkemper Holden Moore (WI) Ruppersberger Tsongas Pallone Schock Walden Bachmann Davis (AL) Holt Moran (KS) Rush Turner Pascrell Schrader Walz Bachus Davis (CA) Honda Moran (VA) Ryan (OH) Upton Pastor (AZ) Schwartz Wamp Baldwin Davis (IL) Hoyer Murphy (CT) Ryan (WI) Van Hollen Paul Scott (GA) Wasserman Barrett (SC) Davis (TN) Hunter Murphy (NY) Salazar Vela´ zquez Paulsen Scott (VA) Schultz Barrow DeFazio Inglis Murphy, Tim Sanchez, Loretta Visclosky Payne Sensenbrenner Waters Bartlett DeGette Inslee Murtha Sarbanes Walden Perlmutter Serrano Watson Barton (TX) Delahunt Israel Myrick Scalise Walz Perriello Sessions Watt Bean DeLauro Issa Nadler (NY) Schakowsky Wamp Peters Sestak Waxman Becerra Dent Jackson (IL) Napolitano Schauer Wasserman Peterson Shadegg Weiner Berkley Diaz-Balart, L. Jackson-Lee Neal (MA) Schiff Schultz Petri Shea-Porter Welch Berman Diaz-Balart, M. (TX) Neugebauer Schmidt Waters Pingree (ME) Sherman Westmoreland Berry Dicks Jenkins Nye Schock Watson Pitts Shimkus Wexler Biggert Dingell Johnson (GA) Oberstar Schrader Watt Platts Shuler Whitfield Bilbray Doggett Johnson (IL) Olson Schwartz Waxman Poe (TX) Shuster Wilson (OH) Bilirakis Donnelly (IN) Johnson, E. B. Olver Scott (GA) Weiner Polis (CO) Simpson Wilson (SC) Bishop (GA) Doyle Jones Ortiz Scott (VA) Welch Pomeroy Sires Wittman Bishop (NY) Dreier Jordan (OH) Pallone Sensenbrenner Westmoreland Posey Skelton Wolf Bishop (UT) Driehaus Kagen Pascrell Serrano Wexler Price (GA) Slaughter Woolsey Blackburn Duncan Kanjorski Pastor (AZ) Sessions Whitfield Price (NC) Smith (NE) Wu Blumenauer Edwards (MD) Kaptur Paul Sestak Wilson (OH) Putnam Smith (NJ) Yarmuth Blunt Edwards (TX) Kildee Paulsen Shadegg Wilson (SC) Quigley Smith (TX) Young (AK) Boccieri Ehlers Kilpatrick (MI) Payne Shea-Porter Wittman Radanovich Smith (WA) Young (FL) Bonner Ellison Kilroy Perlmutter Sherman Wolf Bono Mack Ellsworth Kind Perriello Shimkus Woolsey NOT VOTING—22 Boozman Emerson King (IA) Peters Shuler Wu Aderholt Davis (IL) Murphy, Patrick Boren Engel King (NY) Peterson Shuster Yarmuth Boswell Eshoo Kingston Boehner Davis (KY) Nunes Petri Simpson Young (AK) Boucher Etheridge Kirk Brady (PA) Deal (GA) Pence Pingree (ME) Sires Young (FL) Boustany Fallin Kirkpatrick (AZ) Braley (IA) Gordon (TN) Rogers (MI) Boyd Farr Kissell NOT VOTING—24 Cantor Herseth Sandlin ´ Sanchez, Linda Brady (TX) Fattah Klein (FL) Capuano Johnson, Sam T. Aderholt Deal (GA) Nunes Bright Filner Kline (MN) Baird Cole Kennedy Stupak Gutierrez Obey Cummings Langevin Broun (GA) Flake Kosmas Boehner Herseth Sandlin Pence Brown (SC) Fleming Kratovil Brady (PA) Hill Rogers (MI) Brown, Corrine Forbes Kucinich b 1428 Braley (IA) Johnson, Sam Sa´ nchez, Linda Brown-Waite, Fortenberry Lamborn Capuano Kennedy So (two-thirds being in the affirma- Ginny Foster Lance T. Cole Langevin Stupak tive) the rules were suspended and the Buchanan Foxx Larsen (WA) Connolly (VA) Lee (NY) concurrent resolution, as amended, was Burgess Frank (MA) Larson (CT) Davis (KY) Murphy, Patrick Burton (IN) Franks (AZ) Latham agreed to. Butterfield Frelinghuysen LaTourette b 1437 The result of the vote was announced Buyer Fudge Latta So (two-thirds being in the affirma- as above recorded. Calvert Gallegly Lee (CA) tive) the rules were suspended and the A motion to reconsider was laid on Camp Garamendi Levin Campbell Garrett (NJ) Lewis (CA) resolution, as amended, was agreed to. the table. Cantor Gerlach Lewis (GA) The result of the vote was announced f Cao Giffords Linder Capito Gingrey (GA) Lipinski as above recorded. RECOGNIZING THE EFFORTS OF Capps Gohmert LoBiondo The title of the resolution was CAREER AND TECHNICAL COL- Cardoza Gonzalez Loebsack amended so as to read: ‘‘Recognizing LEGES Carnahan Goodlatte Lofgren, Zoe the efforts of postsecondary institu- Carney Gordon (TN) Lowey tions offering career and technical edu- The SPEAKER pro tempore (Mr. Carson (IN) Granger Lucas Carter Graves Luetkemeyer cation to educate and train workers for SERRANO). The unfinished business is Cassidy Grayson Luja´ n positions in high-demand industries.’’. the question on suspending the rules Castle Green, Al Lummis A motion to reconsider was laid on and agreeing to the resolution, H. Res. Castor (FL) Green, Gene Lungren, Daniel the table. 880, as amended. Chaffetz Griffith E. Chandler Grijalva Lynch f The Clerk read the title of the resolu- Childers Guthrie Mack tion. Chu Hall (NY) Maffei PERSONAL EXPLANATION The SPEAKER pro tempore. The Clarke Hall (TX) Maloney Mr. COLE. Mr. Speaker, on today, Thurs- Clay Halvorson Manzullo question is on the motion offered by Cleaver Hare Marchant day, November 5, 2009, I was unavoidably de- the gentleman from New York (Mr. Clyburn Harman Markey (CO) tained and I missed a series of three votes. I BISHOP) that the House suspend the Coble Harper Markey (MA) missed rollcall Nos. 859, 860, and 861. Had I rules and agree to the resolution, H. Coffman (CO) Hastings (FL) Marshall been present and voting, I would have voted Cohen Hastings (WA) Massa Res. 880, as amended. Conaway Heinrich Matheson as follows: Rollcall vote No. 859 ‘‘yea’’ (On The question was taken. Conyers Heller Matsui Senate Amendments to H.R. 3548). Rollcall

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12398 CONGRESSIONAL RECORD — HOUSE November 5, 2009 vote No. 860 ‘‘yea’’ (On agreeing to H. Con. rollcall No. 861—‘‘yes’’—H. Res. 880, Recog- and passed by the United States Senate Res. 139). Rollcall vote No. 861 ‘‘aye’’ (On nizing the efforts of career and technical col- by unanimous consent on September 4, agreeing to H. Res. 880). leges to educate and train workers for posi- 2009. The bill was then favorably re- f tions in high-demand industries. ported out of the House Committee on f Oversight and Government Reform by PERSONAL EXPLANATION unanimous consent on October 29, 2009. ANNOUNCEMENT BY THE SPEAKER Mr. Speaker, S. 1211 will designate Ms. HERSETH SANDLIN. Mr. Speaker, I re- PRO TEMPORE gret that I was unable to participate in three the postal facility at 60 School Street votes on the floor of the House of Representa- The SPEAKER pro tempore. Pursu- in Orchard Park, New York, as the tives today because I was participating in a ant to clause 8 of rule XX, the Chair Jack F. Kemp Post Office. Mr. Kemp panel on public safety and housing as part of will postpone further proceedings launched his first political campaign in the White House Tribal Nations Conference. today on motions to suspend the rules 1970 and ran for the congressional seat The first vote was on the Senate Amend- on which a recorded vote or the yeas in upstate New York’s 39th District. ments to H.R. 3548—Unemployment Com- and nays are ordered, or on which the Mr. Kemp won his first election and pensation Extension Act of 2009. Had I been vote incurs objection under clause 6 of proceeded to serve eight additional present, I would have voted ‘‘yea’’ on that rule XX. terms in Congress. question. Record votes on postponed questions In addition to his tenure in Congress, The second vote was H. Con. Res. 139— will be taken later. Mr. Kemp’s political career also in- congratulating the first graduating class of the f cludes his service as Secretary of Hous- United States Air Force Academy on their 50th JACK F. KEMP POST OFFICE ing and Urban Development in the ad- graduation anniversary and recognizing their BUILDING ministration of President George Her- bert Walker Bush from 1989 to 1993 and contributions to the Nation. Had I been Mr. DAVIS of Illinois. Mr. Speaker, I as the Republican Party’s Vice Presi- present, I would have voted ‘‘yea’’ on that move to suspend the rules and pass the dential candidate in 1996. question. bill (S. 1211) to designate the facility of Mr. Speaker, regretfully, Jack Kemp The third vote was H. Res. 880—Recog- the United States Postal Service lo- passed away on May 2 of this year. In nizing the efforts of career and technical col- cated at 60 School Street, Orchard honor of his legacy of public service, leges to educate and train workers for posi- Park, New York, as the ‘‘Jack F. Kemp Mr. Kemp was posthumously awarded tions in high-demand industries. Had I been Post Office Building’’. the Presidential Medal of Freedom by present, I would have voted ‘‘yea’’ on that The Clerk read the title of the bill. question. The text of the bill is as follows: President Barack Obama in 2009. Let us continue to honor this dedicated public f S. 1211 servant through passage of this legisla- PERSONAL EXPLANATION Be it enacted by the Senate and House of Rep- tion to designate the School Street resentatives of the United States of America in Mr. BRALEY of Iowa. Mr. Speaker, I regret Congress assembled, post office in his name. missing floor votes today, Thursday, Novem- SECTION 1. JACK F. KEMP POST OFFICE BUILD- I urge my colleagues to join me in ber 5, 2009. If I was present, I would have ING. supporting S. 1211 and reserve the bal- voted: ‘‘yea’’ on rollcall 856, On Ordering the (a) DESIGNATION.—The facility of the ance of my time. Previous Question on H. Res. 885, Providing United States Postal Service located at 60 Mr. BILBRAY. Mr. Speaker, I yield for consideration of H.R. 2868—Chemical Fa- School Street, Orchard Park, New York, myself as much time as I may con- cility Anti-Terrorism Act of 2009; ‘‘yea’’ on roll- shall be known and designated as the ‘‘Jack sume. F. Kemp Post Office Building’’. call 857, agreeing to H. Res. 885, Providing I rise today in support of S. 1211, des- (b) REFERENCES.—Any reference in a law, for consideration of H.R. 2868—Chemical Fa- map, regulation, document, paper, or other ignating the United States Post Office cility Anti-Terrorism Act of 2009; ‘‘yea’’ on roll- record of the United States to the facility re- at 60 School Street in Orchard Park, call 858, agreeing to H. Res. 868, Honoring ferred to in subsection (a) shall be deemed to New York, as the Jack F. Kemp Post and recognizing the service and achievements be a reference to the ‘‘Jack F. Kemp Post Of- Office. of current and former female members of the fice Building’’. A former Congressman, Secretary of Armed Forces; ‘‘yea’’ on rollcall 859, to sus- The SPEAKER pro tempore. Pursu- Housing and Urban Development, and, pend the rules and concur in the Senate ant to the rule, the gentleman from Il- most importantly, a former quarter- amendment to H.R. 3547, the Worker, Home- linois (Mr. DAVIS) and the gentleman back for the San Diego Chargers, Jack ownership, and Business Assistance Act; from California (Mr. BILBRAY) each will Kemp will always be remembered in ‘‘yea’’ on rollcall 860, agreeing to H. Con. Res. control 20 minutes. San Diego and around this country for 139, Congratulating the first graduating class The Chair recognizes the gentleman his unwavering dedication to the ideals of the United States Air Force Academy on from Illinois (Mr. DAVIS). of conservative principles, a passion for their 50th graduation anniversary and recog- GENERAL LEAVE economics, faith in helping poor people nizing their contributions to the Nation; ‘‘aye’’ Mr. DAVIS of Illinois. Mr. Speaker, I across the country, and for his elo- on rollcall 861, agreeing to H. Res. 880, Rec- ask unanimous consent that all Mem- quent quotes of Abraham Lincoln, Win- ognizing the efforts of career and technical bers may have 5 legislative days in ston Churchill, or one of the influential colleges to educate and train workers for posi- which to revise and extend their re- citizens he met along his journey, such tions in high-demand industries. marks. as Kimi Gray. Jack Kemp was truly an f The SPEAKER pro tempore. Is there American original. objection to the request of the gen- Through his years as a Congressman PERSONAL EXPLANATION tleman from Illinois? and as a Cabinet Secretary, Jack Kemp Mr. DAVIS of Kentucky. Mr. Speaker, today, There was no objection. inspired us all to hold fast to our Thursday, November 5, 2009, I was unavoid- Mr. DAVIS of Illinois. Mr. Speaker, I ideals. He was known and respected by ably detained from a vote series. yield myself such time as I may con- people in both political parties and by Had I been present I would have voted: On sume. people from all walks of life for his rollcall No. 858—‘‘yes’’—H. Res. 868, Hon- Mr. Speaker, on behalf of the Com- leadership and commitment to prin- oring and recognizing the service and achieve- mittee on Oversight and Government ciples, no matter what the issue. ments of current and former female members Reform, I am very proud to present S. Jack Kemp spent the majority of his of the Armed Forces; on rollcall No. 859— 1211 for consideration. This measure political career staunchly advocating ‘‘yes’’—Senate Amendments to H.R. 3548, would designate the facility of the tax cuts, promoting economic growth, Unemployment Compensation Extension Act United States Postal Service located at and encouraging us all to recognize, as of 2009; on rollcall No. 860—‘‘yes’’—H. Con. 60 School Street, Orchard Park, New John Kennedy did, that a rising eco- Res. 139, Congratulating the first graduating York, as the ‘‘Jack F. Kemp Post Of- nomic tide raises all boats. His devo- class of the United States Air Force Academy fice Building.’’ tion to supply-side economics saw its on their 50th graduation anniversary and rec- S. 1211 was introduced July 9, 2009, by height when, due largely to his influ- ognizing their contributions to the Nation; on Senator CHUCK SCHUMER of New York ence, it became a cornerstone in the

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12399 Reagan administration’s economic pol- job creation, particularly in urban willingness to explain, even to people icy. He believed in expanding and grow- areas like Buffalo. He helped promote like myself, the nuances of economics. ing the economic pie, not just par- the idea of using special tax incentives Jack Kemp was the author and the ar- celing up what was available at the to encourage job creation and private chitect—and no one was more involved time. investment in distressed communities. than he was in the Reagan Revolu- He was also deeply committed to mi- This is a cause that I try to advance on tion—of the Kemp-Roth tax bills which nority rights. Throughout his life, behalf of western New York today brought unprecedented job growth to Jack Kemp relentlessly urged the GOP through my work on the House Ways this country. to fight for and support minorities. He and Means Committee, and I owe a Mr. Speaker, Jack Kemp personified sincerely believed in the party of Abra- great deal to the foundation and the the very best of this Congress. He per- ham Lincoln as the party that should groundwork that Jack laid in this area. sonified the very best of being an all- be leading all people in this country. After leaving Congress, Jack went on pro athlete, a person who was always b 1445 to serve as Secretary of Housing and there for his friends, always there for Urban Development in the administra- his country, a man who until the day As Secretary of Housing and Urban tion of George H. W. Bush, where he he died was fighting for the principles Development, he was a forceful advo- continued to advocate for America’s he believed in. cate for affordable housing for all urban centers through promoting en- I am proud to join in this resolution. Americans, especially in the inner cit- terprise zones to attract investment to Mr. DAVIS of Illinois. Mr. Speaker, ies. cities and by moving more Americans it’s my pleasure to yield such time as Congressman Kemp was a role model into homeownership. he might consume to the gentleman because of his integrity and his pas- Jack also famously joined the 1996 from Pennsylvania, Representative sion, whether it be on the football Presidential ticket of Senator Bob FATTAH. field, in the House Chamber or in the Dole. While I may not have agreed with Mr. FATTAH. Mr. Speaker, I rise in executive branch, and it is appropriate much of the platform on which they support of this legislation. I knew Jack today that we name this post office ran, I, like all western New Yorkers, Kemp and worked with him when he after him. was proud that Jack represented our was Secretary of HUD on an initiative I reserve the remainder of my time. community so well on the national in Philadelphia to take a major step in Mr. DAVIS of Illinois. Mr. Speaker, stage. reforming public housing, move away it is my pleasure to yield such time as Jack Kemp passed away on May 2, from high-rise public housing for fami- he might consume to Representative 2009, at his home in Bethesda, Mary- lies with children and create real BRIAN HIGGINS of New York. land. He was an accomplished politi- neighborhoods. It was Secretary Kemp, Mr. HIGGINS. I thank the gentleman cian, an outstanding athlete and a tire- former Congressman Kemp, who really for the time. less public servant to this Nation. He supported this effort and today, with a Mr. Speaker, I rise today in support will be, and already is, greatly missed. whole new skyline, a city of neighbor- of S. 1211, a bill to honor former Con- Mr. Speaker, S. 1211 would name a hoods, increased our property values in gressman Jack Kemp by naming a post post office in Orchard Park, New all of the communities where we took office in Orchard Park, New York, in York—where the Buffalo Bills play— down the high-rises and created real his memory. after Jack Kemp. I would like to thank homes and neighborhoods for families. Jack Kemp was born and raised in Senator CHARLES SCHUMER and Senator So I want to just rise—even though I Los Angeles, and he did much of his KIRSTEN GILLIBRAND for proposing this know he is from New York and the important work here in Washington. fitting tribute in his honor, and I urge Yankees won—as a Philadelphian to But in his adopted home of western its passage. thank Jack Kemp for his service and to New York we consider him one of our Mr. BILBRAY. Mr. Speaker, I yield support this legislation today. He truly own. We are especially proud of the as much time as he may consume to made a difference, not just as a Mem- contributions he made to our commu- the distinguished gentleman from New ber of Congress but in his life after his nity, both on the football field as quar- York (Mr. KING). work in the Congress as part of the terback of the Buffalo Bills and in pub- Mr. KING of New York. I thank the President’s Cabinet and as the Sec- lic service as our Representative in the gentleman from California for yielding, retary of Housing and Urban Develop- United States Congress. and I am proud to rise in support of ment. During his 7-year tenure as quarter- this legislation which will be naming a Mr. BILBRAY. Mr. Speaker, I yield back of the Bills, Jack was embraced post office in honor of Jack Kemp. myself as much time as I may con- by the western New York community. As the Speaker well knows, Jack sume. He led the Bills to back-to-back AFL Kemp was a long-time Congressman I want to compliment the gentleman championships in 1964 and in 1965, win- from New York. Jack Kemp was a from Pennsylvania. It’s true, as some- ning the league’s Most Valuable Player proud Republican who was always will- body who had to endure, as my father award in 1965 as well. Today he still ing to reach across party lines. Jack was stationed in South Philly before ranks third all time in Bills’ record Kemp was a principled conservative the urban renewal, but mostly before books for yards and touchdowns who tried to find ways always to make we abandoned the old concepts of urban thrown. those who were not as well off as oth- renewal and talked about true revital- Before he ever stood for public office, ers, to enable them to move up in soci- ization, which was a totally different Jack’s leadership skills were evident ety. restructuring of the way government when his teammates named him cap- He was particularly interested in went in, it wasn’t the one-size-fits-all tain of the San Diego Chargers in 1960, low-income areas. He was particularly Washington knows best, it went in and and after he was claimed by Buffalo, interested in expanding housing oppor- incorporated with the community, al- the Bills, in 1962. In a preview of the in- tunities for the underprivileged. As the lowed the community to decide, right terest he would later take in matters Speaker knows, Congressman Kemp sizing, human sizing, not just govern- of economic policy, he cofounded the worked very closely with Congressman ment sizing. It really did transform, es- AFL Players’ Association and was Garcia in the Bronx to expand housing, pecially South Philly. elected its president five times. to provide more opportunities. Jack As somebody that spent his child- After he retired from football, Jack Kemp was a Republican who saw a hood, some of his childhood in Philly, I ran for an open House seat in New large world. He saw a world where we was happy to see that Jack Kemp was York’s 31st congressional district. He could reach out to all people. able to work with the local Congress- served nine terms in the House of Rep- In my own case, I was proud to call men, the local community, to make resentatives, where many of my col- Jack Kemp a friend. I knew him for sure that in the future the children in leagues had the privilege to serve with many years before I had the oppor- that area wouldn’t have to endure what him. tunity to be here in Congress. During we did in those days. As a Member of the House, Congress- that time I was always struck by his I also want to point out, Mr. Speak- man Kemp was a tireless advocate for integrity, by his candor and by his er, that Jack Kemp was somebody who

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12400 CONGRESSIONAL RECORD — HOUSE November 5, 2009 really stood up for the concept that The Chair recognizes the gentle- to be here today to urge passage of this thinking outside of the box was impor- woman from California. bill. Especially for those of us who per- tant, that Democrat or Republican or GENERAL LEAVE sonally knew Cesar Chavez, it has a left and right, that being right was all Mrs. DAVIS of California. Mr. Speak- special meaning. that mattered and not worrying about er, I ask unanimous consent that all Every year in San Jose, on Cesar’s staying in and being locked in to pa- Members have 5 legislative days in birthday, we walk from Cesar Chavez rameters of so-called political doctrine. which to revise and extend their re- School on the east side to Cesar Chavez I would also like to point out in clos- marks. Plaza, which is right in the heart of ing that as a personal friend of his, I The SPEAKER pro tempore. Is there San Jose. appreciate the fact that we have been objection to the request of the gentle- b 1500 able to discuss his life. I just want to woman from California? correct for the record that as far as I There was no objection. Many of his relatives continue to live remember, Jack Kemp was not only a Mrs. DAVIS of California. Mr. Speak- in San Jose, and in fact he did his first quarterback for the Chargers, he was er, I now yield myself such time as I organizing about eight blocks from my the first quarterback for the Chargers. may consume. home in San Jose. So it is with a great He was the guy that we first saw car- Mr. Speaker, I would like to encour- deal of pride that people in San Jose, rying the lightning bolt in what was age passage of S. 748, a bill to name a California, endorse and support the then Balboa Stadium. We will always post office in the Logan Heights com- idea of this post office, even if it is in remember him not as a Congressman, munity of San Diego after Cesar Cha- San Diego, not in San Jose. not as a Secretary, but always the guy vez. We would just like to say that it is who was carrying the ball for those of I originally introduced this bill, and I an honor to be supportive of his mem- us in San Diego. am very pleased to see Senator BOXER’s ory. We think of him often. He was a I have no further requests for time, companion legislation move forward. leader who brought people together, and I yield back the balance of my Cesar Chavez was born in Yuma, Ari- and I will give just one example. We time. zona, in 1927, and he spent the majority have the Mexican Heritage Plaza in Mr. DAVIS of Illinois. Mr. Speaker, I of his life advocating for safe working San Jose that sits on the site of the have no further requests for time, I conditions and fair wages for migrant Safeway that was the object of the first would urge the passage of S. 1211, and I workers. organizing effort on the grape boycott yield back the balance of my time. This work of his was driven by a that Cesar Chavez led. One of the major The SPEAKER pro tempore. The commitment to the principles of non- contributors to that plaza is Safeway. question is on the motion offered by violence and community building, So he managed actually to bring people the gentleman from Illinois (Mr. which has become his legacy. Cesar who were in opposition together and DAVIS) that the House suspend the Chavez means so much to my constitu- made for a more peaceful and a more rules and pass the bill, S. 1211. ents in San Diego because he embodied just world. The question was taken. the spirit of our city, a big Navy town. Mr. Speaker, I urge my colleagues to The SPEAKER pro tempore. In the In addition to his community activ- support this tribute to him. opinion of the Chair, two-thirds being ism, Mr. Chavez served in the Navy, Mr. BILBRAY. Mr. Speaker, I reserve in the affirmative, the ayes have it. was a World War II veteran, and a re- my time. Mr. DAVIS of Illinois. Mr. Speaker, cipient of the Presidential Medal of Mrs. DAVIS of California. Mr. Speak- on that I demand the yeas and nays. Freedom. Though most well-known for er, I am pleased to yield 3 minutes to The yeas and nays were ordered. his work with farm workers, in San my colleague and friend from San The SPEAKER pro tempore. Pursu- Diego we know him best for his work Diego, Mr. FILNER, who, by the way, ant to clause 8 of rule XX and the improving conditions for the men and actually represented this district and Chair’s prior announcement, further women who worked on fishing boats had carried similar legislation. proceedings on this motion will be and in the local canneries. Mr. FILNER. I thank Mrs. DAVIS. As postponed. Let me tell you a little bit about she said, I represented this area, Logan f Logan Heights. Logan Heights is actu- Heights, for 10 years in Congress. I CESAR E. CHAVEZ POST OFFICE ally one of the oldest communities in want to thank her for picking up the banner and doing something that the Mrs. DAVIS of California. Mr. Speak- the City of San Diego, and it’s a neigh- community really wants and under- er, I move to suspend the rules and borhood rich in Hispanic heritage. stands as a clear incentive and appro- pass the bill (S. 748) to redesignate the Cesar Chavez is a hero to the people of priate honor that children in the area facility of the United States Postal Logan Heights. and other members will look to Cesar Service located at 2777 Logan Avenue Every year the community holds a Chavez as their hero. in San Diego, California, as the ‘‘Cesar parade in honor of him on his birthday, When I was a graduate student at E. Chavez Post Office’’. March 31, which is celebrated in Cali- Cornell University studying history, I The Clerk read the title of the bill. fornia as a State holiday. In fact, many The text of the bill is as follows: young people devote themselves to had a colleague in the department of philosophy who was doing a Ph.D. the- S. 748 service on that day. sis on the nature of saintliness, what Be it enacted by the Senate and House of Rep- In 2003, the United States Postal resentatives of the United States of America in Service issued a commemorative post- constitutes a saint throughout history. Congress assembled, age stamp to honor Cesar Chavez. A The only American figure that he could SECTION 1. CESAR E. CHAVEZ POST OFFICE. post office named in his honor in our find really to exemplify his notion of (a) REDESIGNATION.—The facility of the community would be a lasting tribute saintliness was Cesar Chavez. And it United States Postal Service located at 2777 to his legacy and symbolic of how one was not just because Chavez was an ad- Logan Avenue in San Diego, California, and person can truly make a difference. vocate of some of the most oppressed known as the Southeastern Post Office, shall Please join me in recognizing an members of our society, farm workers, be known and designated as the ‘‘Cesar E. American hero and honoring the com- seasonal workers, but in the manner in Chavez Post Office’’. which the he approached politics. (b) REFERENCES.—Any reference in a law, munity of Logan Heights. map, regulation, document, paper, or other I reserve the balance of my time. I marched with Cesar. I knew him. He record of the United States to the facility re- Mr. BILBRAY. Mr. Speaker, I have approached politics with an air of hu- ferred to in subsection (a) shall be deemed to no speakers at this time, and I reserve mility and contemplation, and, of be a reference to the ‘‘Cesar E. Chavez Post the balance of my time. course, nonviolence. The marches he Office’’. Mrs. DAVIS of California. Mr. Speak- undertook, the boycotts, the hunger The SPEAKER pro tempore. Pursu- er, I yield 3 minutes to my friend and strikes, all were done in a spirit that ant to the rule, the gentlewoman from colleague from California (Ms. ZOE he was going to serve the people that California (Mrs. DAVIS) and the gen- LOFGREN). he represented. He was their servant, tleman from California (Mr. BILBRAY) Ms. ZOE LOFGREN of California. Mr. and he exemplifies the notion of being each will control 20 minutes. Speaker, it is a great honor to be able a servant to those people in the most

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12401 calm, nonviolent way that you can THE CITY OF SAN DIEGO, SECTION 1. SHORT TITLE. imagine; and people around him, and as San Diego, CA, October 6, 2009. This Act may be cited as the ‘‘American his movement grew, were inspired by Hon. SUSAN A. DAVIS, Medical Isotopes Production Act of 2009’’. this incredible saintly manner that he House of Representatives, Washington, DC. SEC. 2. FINDINGS. DEAR MS. DAVIS: Cesar Chavez is a hero in exemplified and practiced. Congress finds the following: my community, so I heartily endorse the (1) Molybdenum-99 is a critical medical iso- He was a politician, yes, and he orga- proposal that the United States Postal Serv- tope whose decay product technecium-99m is nized the farm workers. He organized ice facility located at 2777 Logan Avenue, used in approximately two-thirds of all diag- boycotts. He had great victories for or- San Diego, be renamed the Cesar E. Chavez nostic medical isotope procedures in the ganizing and unionizing farm workers Post Office in his honor. Though he passed United States, or 16 million medical proce- in California and other parts of the Na- away in 1993, this union leader’s accomplish- dures annually, including for the detection tion. But it was the manner in which ments continue to impact the quality of life of cancer, heart disease, and thyroid disease, for farm workers and other laborers. investigating the operation of the brain and he did this, the calmness, the non- I am happy that you have sponsored H.R. violence, the sense that he could take kidney, imaging stress fractures, and track- 1820 to effect this change, and that the bill ing cancer stages. all of these indignities and all the pres- has 15 House cosponsors. I am not surprised (2) Molybdenum-99 has a half-life of 66 sure and oppression, and respond in a that support for the redesignation of the hours, and decays at a rate of approximately positive way. post office is widespread. This proposal was one percent per hour after production. As I think that is what influenced so unanimously endorsed by the Senate in Au- such, molybdenum-99 cannot be stockpiled. many people, and why this honor that gust, cosponsored by Senator Barbara Boxer. Instead, molybdenum-99 production must be Please let me know if there is anything scheduled to meet the projected demand and Mrs. DAVIS is sponsoring today is so else I can do to support your effort to honor important, to name a post office in the any interruption of the supply chain from Cesar Chavez. production, to processing, packaging, dis- Logan Heights Community that really Sincerely, tribution, and use can disrupt patient care. were his constituents. BENJAMIN HUESO. (3) There are no facilities within the Mr. BILBRAY. Mr. Speaker, just to Council President. United States that are dedicated to the pro- close, I yield myself such time as I may Mr. Speaker, I also wanted to men- duction of molybdenum-99 for medical uses. consume. tion in closing, I mentioned the fact The United States must import molyb- Mr. Speaker, there is a lot about that we have a holiday in California denum-99 from foreign production facilities, Cesar Chavez that a lot of people don’t that young people devote to service. I and is dependent upon the continued oper- think what is so really engaging about ation of these foreign facilities for millions remember. The fact is that he was a of critical medical procedures annually. decorated naval veteran. Also, they that particular holiday is that we have young people throughout the commu- (4) Most reactors in the world which don’t remember that Cesar Chavez was produce molybdenum-99 utilize highly en- probably a good, well, 20 years ahead of nity that are so eager to carry on his riched uranium, which can also be used in his time. In fact, Cesar Chavez in 1969 legacy. They do it throughout the com- the construction of nuclear weapons. In Jan- led the first march on the Mexican bor- munity in multiple ways, with the en- uary 2009, the National Academy of Sciences der to protest illegal immigration. He vironment, educating others, educating encouraged molybdenum-99 producers to was accompanied by Walter Mondale their peers and going into schools and convert from highly enriched uranium to low preschool centers to really feel that enriched uranium, and found that there are and Ralph Abernathy at that time to ‘‘no technical reasons that adequate quan- alert all to the problems that were they are part of his legacy and to speak to the students. tities cannot be produced from LEU targets equating with illegal immigration at in the future’’ and that ‘‘a 7-10 year phase- that time. To see the way that they really tell out period would likely allow enough time In fact, in 1979, Mr. Chavez, testifying you so proudly of the experiences that for all current HEU-based producers to con- before Congress, pointed out that when they have had in his memory is very, vert’’. farm workers strike and their strike is very appealing; and I think it is con- (5) The 51-year-old National Research Uni- successful, the employers go to Mexico tinuing to make a difference in the versal reactor in Canada, which is respon- lives of young people in San Diego sible for producing approximately sixty per- and have unlimited, unrestricted use of cent of United States demand for molyb- illegal immigrants to break our today. With that, I urge my colleagues to denum-99 under normal conditions, was shut strikes. He also pointed out that the join me in supporting S. 748. down unexpectedly May 14, 2009, after the employers used professional smugglers discovery of a leak of radioactive water. It is I yield back the balance of my time. to recruit and transport human contra- unclear whether the National Research Uni- The SPEAKER pro tempore. The band across the Mexican border specifi- versal reactor will be able to resume produc- question is on the motion offered by cally to break the union strikes of the tion of molybdenum-99. the gentlewoman from California (Mrs. farm workers. (6) The United States currently faces an DAVIS) that the House suspend the acute shortage of molybdenum-99 and its I think as we recognize him, we un- rules and pass the bill, S. 748. decay product technetium-99m due to tech- derstand that history does repeat The question was taken; and (two- nical problems which have seriously inter- itself. Years and years later, 20 years thirds being in the affirmative) the rupted operations of foreign nuclear reactors producing molybdenum-99. later, there were those raising the rules were suspended and the bill was issue of the impact on the working (7) As a result of the critical shortage of passed. molybdenum-99, patient care in the United class by illegal immigration, but first A motion to reconsider was laid on and foremost there was Cesar Chavez States is suffering. Medical procedures re- the table. quiring technetium-99 are being rationed or at the Mexican border saying illegal f delayed, and alternative treatments which immigration is hurting us more than are less effective, more costly, and may re- anybody is willing to admit and that AMERICAN MEDICAL ISOTOPES sult in increased radiation doses to patients the growers and the wealthy were bene- PRODUCTION ACT OF 2009 are being substituted in lieu of technetium- fiting from the exploitation of illegal Mr. MARKEY of Massachusetts. Mr. 99. immigration. History will show that Speaker, I move to suspend the rules (8) The radioactive isotope molybdenum-99 and its decay product technetium-99m are Cesar Chavez was right and brave to and pass the bill (H.R. 3276) to promote stand up in 1969, and we should be critical to the health care of Americans, and the production of molybdenum-99 in the continued availability of these isotopes, doing the same today. the United States for medical isotope in a reliable and affordable manner, is in the I yield back the balance of my time. production, and to condition and phase interest of the United States. Mrs. DAVIS of California. Mr. Speak- out the export of highly enriched ura- (9) The United States should move expedi- er, before closing, I include for the nium for the production of medical iso- tiously to ensure that an adequate and reli- RECORD this letter from the council topes, as amended. able supply of molybdenum-99 can be pro- president of San Diego, Mr. Ben Hueso, The Clerk read the title of the bill. duced in the United States, without the use who also is celebrating and encour- of highly enriched uranium. The text of the bill is as follows: (10) Other important medical isotopes, in- aging us to support this post office for H.R. 3276 cluding iodine-131 and xenon-133, can be pro- Cesar Chavez in the community and Be it enacted by the Senate and House of Rep- duced as byproducts of the molybdenum-99 recognizing what a hero he is to the resentatives of the United States of America in fission production process. In January 2009, people. Congress assembled, the National Academy of Sciences concluded

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12402 CONGRESSIONAL RECORD — HOUSE November 5, 2009 that these important medical isotopes ‘‘will (2) commercial operations using the fuels, ‘‘(A) the fuel or target has been qualified be sufficiently available if Mo-99 is avail- targets, and processes described in paragraph by the Reduced Enrichment Research and able’’. The coproduction of medically useful (1). Test Reactor Program of the Department of isotopes such as iodine-131 and xenon-133 is (c) URANIUM LEASE AND TAKE BACK.—The Energy; and an important benefit of establishing molyb- Secretary of Energy shall establish a pro- ‘‘(B) use of the fuel or target will permit denum-99 production in the United States gram to make low enriched uranium avail- the large majority of ongoing and planned without the use of highly enriched uranium, able, through lease contracts, for irradiation experiments and isotope production to be and these coproduced isotopes should also be for the production of molybdenum-99 for conducted in the reactor without a large per- available for necessary medical uses. medical uses. The lease contracts shall pro- centage increase in the total cost of oper- (11) The United States should accelerate vide for the Secretary to retain responsi- ating the reactor; and its efforts to convert nuclear reactors world- bility for the final disposition of radioactive ‘‘(4) the term ‘medical isotope’ includes wide away from the use of highly enriched waste created by the irradiation, processing, molybdenum-99, iodine-131, xenon-133, and uranium, which can be used in nuclear weap- or purification of leased uranium. The lease other radioactive materials used to produce ons, to low enriched uranium. Converting contracts shall also provide for compensa- a radiopharmaceutical for diagnostic, thera- nuclear reactors away from the use of highly tion in cash amounts equivalent to pre- peutic procedures or for research and devel- enriched uranium is a critically important vailing market rates for the sale of com- opment.’’. parable uranium products and for compensa- element of United States efforts to prevent SEC. 5. REPORT ON DISPOSITION OF EXPORTS. tion in cash amounts equivalent to the net nuclear terrorism, and supports the goal an- Not later than 1 year after the date of the present value of the cost to the Federal Gov- nounced in Prague by President Barack enactment of this Act, the Chairman of the ernment for the final disposition of such ra- Obama on April 5, 2009, to create ‘‘a new Nuclear Regulatory Commission, after con- dioactive waste, provided that the discount international effort to secure all vulnerable sulting with other relevant agencies, shall rate used to determine the net present value nuclear material around the world within submit to the Congress a report detailing the of such costs shall be no greater than the av- four years’’. current disposition of previous United States erage interest rate on marketable Treasury (12) The United States is engaged in an ef- exports of highly enriched uranium, includ- securities. The Secretary shall not barter or fort to convert civilian nuclear test and re- ing— search reactors from highly enriched ura- otherwise sell or transfer uranium in any form in exchange for services related to final (1) their location; nium fuel to low enriched uranium fuel (2) whether they are irradiated; through the Global Threat Reduction Initia- disposition of the radioactive waste from such leased uranium. (3) whether they have been used for the tive. As of September 2009, this program has purpose stated in their export license; SEC. 4. EXPORTS. successfully converted 17 reactors in the (4) whether they have been used for an al- Section 134 of the Atomic Energy Act of United States to low enriched uranium fuel, ternative purpose and, if so, whether such al- 1954 (42 U.S.C. 2160d(b)) is amended by strik- some of which are capable of producing mo- ternative purpose has been explicitly ap- ing subsections b. and c. and inserting in lieu lybdenum-99 for medical uses. proved by the Commission; thereof the following: SEC. 3. IMPROVING THE RELIABILITY OF DOMES- ‘‘b. Effective 7 years after the date of en- (5) the year of export, and reimportation, if TIC MEDICAL ISOTOPE SUPPLY. actment of the American Medical Isotopes applicable; (a) MEDICAL ISOTOPE DEVELOPMENT Production Act of 2009, the Commission may (6) their current physical and chemical PROJECTS.— not issue a license for the export of highly forms; and (1) IN GENERAL.—The Secretary of Energy enriched uranium from the United States for (7) whether they are being stored in a man- shall establish a program to evaluate and the purposes of medical isotope production. ner which adequately protects against theft support projects for the production in the ‘‘c. The period referred to in subsection b. and unauthorized access. United States, without the use of highly en- may be extended for no more than four years SEC. 6. DOMESTIC MEDICAL ISOTOPE PRODUC- riched uranium, of significant quantities of if, no earlier than 6 years after the date of TION. molybdenum-99 for medical uses. enactment of the American Medical Isotopes (a) IN GENERAL.—Chapter 10 of the Atomic (2) CRITERIA.—Projects shall be judged Production Act of 2009, the Secretary of En- Energy Act of 1954 (42 U.S.C. 2131 et seq.) is against the following primary criteria: ergy certifies to the Committee on Energy amended by adding at the end the following (A) The length of time necessary for the and Commerce of the House of Representa- new section: proposed project to begin production of mo- tives and the Committee on Energy and Nat- ‘‘SEC. 112. DOMESTIC MEDICAL ISOTOPE PRO- lybdenum-99 for medical uses within the ural Resources of the Senate that— DUCTION. a. The Commission may issue a li- United States. ‘‘(1) there is insufficient global supply of cense, or grant an amendment to an existing (B) The capability of the proposed project molybdenum-99 produced without the use of license, for the use in the United States of to produce a significant percentage of United highly enriched uranium available to satisfy highly enriched uranium as a target for med- States demand for molybdenum-99 for med- the domestic United States market; and ical isotope production in a nuclear reactor, ical uses. ‘‘(2) the export of United States-origin only if, in addition to any other requirement (C) The cost of the proposed project. highly enriched uranium for the purposes of of this Act— (3) EXEMPTION.—An existing reactor fueled medical isotope production is the most effec- ‘‘(1) the Commission determines that— with highly enriched uranium shall not be tive temporary means to increase the supply ‘‘(A) there is no alternative medical iso- disqualified from the program if the Sec- of molybdenum-99 to the domestic United tope production target, enriched in the iso- retary of Energy determines that— States market. tope U-235 to less than 20 percent, that can (A) there is no alternative nuclear reactor ‘‘d. At any time after the restriction of ex- be used in that reactor; and fuel, enriched in the isotope U-235 to less port licenses provided for in subsection b. be- ‘‘(B) the proposed recipient of the medical than 20 percent, that can be used in that re- comes effective, if there is a critical short- isotope production target has provided assur- actor; age in the supply of molybdenum-99 avail- ances that, whenever an alternative medical (B) the reactor operator has provided as- able to satisfy the domestic United States isotope production target can be used in that surances that, whenever an alternative nu- medical isotope needs, the restriction of ex- reactor, it will use that alternative in lieu of clear reactor fuel, enriched in the isotope U- port licenses may be suspended for a period highly enriched uranium; and 235 to less than 20 percent, can be used in of no more than 12 months, if— ‘‘(2) the Secretary of Energy has certified that reactor, it will use that alternative in ‘‘(1) the Secretary of Energy certifies to that the United States Government is ac- lieu of highly enriched uranium; and the Congress that the export of United tively supporting the development of an al- (C) the reactor operator has provided a cur- States-origin highly enriched uranium for ternative medical isotope production target rent report on the status of its efforts to con- the purposes of medical isotope production is that can be used in that reactor. vert the reactor to an alternative nuclear re- the only effective temporary means to in- ‘‘b. As used in this section— actor fuel enriched in the isotope U-235 to crease the supply of molybdenum-99 nec- ‘‘(1) the term ‘alternative medical isotope less than 20 percent, and an anticipated essary to meet United States medical isotope production target’ means a nuclear reactor schedule for completion of conversion. needs during that period; and target which is enriched to less than 20 per- (4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) the Congress passes a Joint Resolution cent of the isotope U-235; There are authorized to be appropriated to approving the temporary suspension of the ‘‘(2) a target ‘can be used’ in a nuclear re- the Secretary of Energy for carrying out the restriction of export licenses. search or test reactor if— program under paragraph (1) $163,000,000 for ‘‘e. As used in this section— ‘‘(A) the target has been qualified by the the period encompassing fiscal years 2010 ‘‘(1) the term ‘alternative nuclear reactor Reduced Enrichment Research and Test Re- through 2014. fuel or target’ means a nuclear reactor fuel actor Program of the Department of Energy; (b) DEVELOPMENT ASSISTANCE.—The Sec- or target which is enriched to less than 20 and retary of Energy shall establish a program to percent in the isotope U-235; ‘‘(B) use of the target will permit the large provide assistance for— ‘‘(2) the term ‘highly enriched uranium’ majority of ongoing and planned experi- (1) the development of fuels, targets, and means uranium enriched to 20 percent or ments and isotope production to be con- processes for domestic molybdenum-99 pro- more in the isotope U-235; ducted in the reactor without a large per- duction that do not use highly enriched ura- ‘‘(3) a fuel or target ‘can be used’ in a nu- centage increase in the total cost of oper- nium; and clear research or test reactor if— ating the reactor;

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12403 ‘‘(3) the term ‘highly enriched uranium’ (1) HIGHLY ENRICHED URANIUM.—The term to other countries for medical isotope means uranium enriched to 20 percent or ‘‘highly enriched uranium’’ means uranium production. This 1950s-era policy sim- more in the isotope U-235; and enriched to 20 percent or greater in the iso- ply does not work in a post-9/11 world. ‘‘(4) the term ‘medical isotope’ includes tope U-235. It is dangerous, unnecessary, and it molybdenum-99, iodine-131, xenon-133, and (2) LOW ENRICHED URANIUM.—The term ‘‘low other radioactive materials used to produce enriched uranium’’ means uranium enriched must come to an end. We simply can- a radiopharmaceutical for diagnostic, thera- to less than 20 percent in the isotope U-235. not afford to have additional nuclear peutic procedures or for research and devel- The SPEAKER pro tempore. Pursu- weapons materials in circulation when opment.’’. ant to the rule, the gentleman from we know that terrorists would like (b) TABLE OF CONTENTS.—The table of con- nothing more than to steal or buy such Massachusetts (Mr. MARKEY) and the tents for the Atomic Energy Act of 1954 is dangerous materials. gentleman from Michigan (Mr. UPTON) amended by inserting the following new item Fortunately, according to the Na- each will control 20 minutes. after the item relating to section 111: tional Academy of Sciences, there are The Chair recognizes the gentleman ‘‘Sec. 112. Domestic medical isotope produc- no technical or economic reasons why tion.’’. from Massachusetts. medical isotopes cannot be produced SEC. 7. ANNUAL DEPARTMENT OF ENERGY RE- Mr. MARKEY of Massachusetts. I re- with low enriched uranium. PORTS. luctantly, but I think graciously, con- Currently, nuclear medicine is prac- The Secretary of Energy shall report to gratulate the Speaker and his Yankees ticed mostly in the most developed Congress no later than one year after the on their victory in the World Series. date of enactment of this Act, and annually countries, like the United States. But Twenty-seven times—— thereafter for 5 years, on Department of En- that is changing. And as more coun- Mr. UPTON. Reserving the right to ergy actions to support the production in the tries practice more nuclear medicine, object. United States, without the use of highly en- more medical isotopes will need to be Mr. MARKEY of Massachusetts. I ap- riched uranium, of molybdenum-99 for med- produced. In preparation for this, it is ical uses. These reports shall include the fol- preciate the gentleman from Michi- absolutely essential that we stop using lowing: gan’s warning to me to not go over- highly enriched uranium for this pur- (1) For medical isotope development board; but it is, without question, a pose. projects— historic day. (A) the names of any recipients of Depart- Previously, the United States spread ment of Energy support under section 3 of GENERAL LEAVE these dangerous technologies around this Act; Mr. MARKEY of Massachusetts. Mr. the world, including to some surprising (B) the amount of Department of Energy Speaker, I ask unanimous consent that places. For instance, the United States funding committed to each project; all Members may have 5 legislative built a reactor in Iran which we fueled (C) the milestones expected to be reached days in which to revise and extend with weapons-grade uranium. Today, for each project during the year for which their remarks and include extraneous support is provided; the Iranians want to use this reactor to material in the RECORD. (D) how each project is expected to support produce medical isotopes, and negotia- the increased production of molybdenum-99 The SPEAKER pro tempore. Is there tions are ongoing on this point. Fortu- for medical uses; objection to the request of the gen- nately for the world, the Iranian reac- (E) the findings of the evaluation of tleman from Massachusetts? tor was converted to low enriched ura- projects under section 3(a)(2) of this Act; and There was no objection. nium by Argentina in the 1980s. Con- (F) the ultimate use of any Department of Mr. MARKEY of Massachusetts. Mr. verting reactors away from the use of Energy funds used to support projects under Speaker, I yield myself such time as I highly enriched uranium, both at home section 3 of this Act. may consume. and abroad, is very much in our na- (2) A description of actions taken in the Mr. Speaker, the American Medical previous year by the Secretary of Energy to tional security interest. And that is ex- ensure the safe disposition of radioactive Isotopes Production Act will safeguard actly what this bill will do. waste from used molybdenum-99 targets. Americans’ health care and our na- By sending a clear signal that the SEC. 8. NATIONAL ACADEMY OF SCIENCES RE- tional security. By helping to establish United States will no longer export PORT. production of critical medical isotopes this dangerous material, H.R. 3276 will The Secretary of Energy shall enter into here at home, the American Medical accelerate U.S. efforts to convert reac- an arrangement with the National Academy Isotopes Production Act will end our tors around the world from highly en- of Sciences to conduct a study of the state of dependence on aging nuclear reactors riched to low enriched uranium. In molybdenum-99 production and utilization, outside of our borders. And by respon- to be provided to the Congress not later than fact, this has already begun, as the De- 5 years after the date of enactment of this sibly ending the export of weapons-usa- partment of Energy testified in Sep- Act. This report shall include the following: ble, highly enriched uranium for med- tember that all the medical isotope (1) For molybdenum-99 production— ical isotope production, this bill will production reactors around the world (A) a list of all facilities in the world pro- give a much-needed boost to U.S. ef- which still use highly enriched ura- ducing molybdenum-99 for medical uses, in- forts to permanently convert all reac- nium have approached the Department cluding an indication of whether these facili- tors away from the unnecessary and of Energy to ask for assistance in con- ties use highly enriched uranium in any way; dangerous use of bomb-quality mate- verting to low enriched uranium in the (B) a review of international production of rial. molybdenum-99 over the previous 5 years, in- past few years. cluding— The bipartisan bill authorizes $163 This bill has the support of a wide va- (i) whether any new production was million for the Department of Energy riety of stakeholders, including the brought online; to evaluate and support projects in the unanimous support of industry and the (ii) whether any facilities halted produc- private sector or at universities to de- nuclear medical community, and nu- tion unexpectedly; and velop domestic sources of the most clear nonproliferation advocates. (iii) whether any facilities used for produc- critical medical isotopes. This is nec- This is also a bipartisan bill, and I tion were decommissioned or otherwise per- essary because we currently face a would like very much to thank my manently removed from service; and daunting supply shortage caused by (C) an assessment of progress made in the friend FRED UPTON from Michigan for previous 5 years toward establishing domes- technical problems at the aging foreign working in such a bipartisan fashion. tic production of molybdenum-99 for medical reactors upon which we are presently This is the way it should be done, and uses, including the extent to which other reliant. With a robust and reliable do- we thank him and we thank the other medical isotopes coproduced with molyb- mestic production capacity, the 50,000 members of the minority and the ma- denum-99, such as iodine-131 and xenon-133, daily procedures which normally occur jority for working towards this conclu- are being used for medical purposes. in this country, including for cancer sion. You could not have a more excel- (2) An assessment of the progress made by scans and bone and brain imaging, will lent partner. Mr. WAXMAN and I and the Department of Energy and others to be secure. eliminate all worldwide use of highly en- the other members of the committee riched uranium in reactor fuel, reactor tar- The nuclear nonproliferation benefits want to note the incredible cooperation gets, and medical isotope production facili- of this bill are significant and they are that did exist. ties. timely. Shockingly, the United States This bill will help to ensure that SEC. 9. DEFINITIONS. still allows for nuclear weapons-grade America has a reliable domestic source In this Act the following definitions apply: highly enriched uranium to be exported of the radio isotopes needed for life-

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12404 CONGRESSIONAL RECORD — HOUSE November 5, 2009 saving medical procedures, it will close gratulate the speed with which our The SPEAKER pro tempore. The a dangerous loophole in our Nation’s committee held hearings, moved this wearing of a hat is in violation of the nonproliferation policy by phasing out through both the subcommittee and House rules. exports of highly enriched uranium, full committee. Both Mr. WAXMAN and Mr. INSLEE. I thank you, Mr. Speak- and it does so without increasing the BARTON are to be complimented, and er. I am sure that rule is supported by Federal deficit, according to the Con- particularly my friend, ED MARKEY, the vast majority of Americans. Thank gressional Budget Office. who recognized this very early, and we you for your Speakership. I urge a ‘‘yes’’ vote on this important worked together to get it to the House Mr. UPTON. Mr. Speaker, I urge my bill. floor. colleagues to vote for this bill, and I I reserve the balance of my time. I reserve the balance of my time. yield back the balance of my time. Mr. MARKEY of Massachusetts. Mr. b 1515 Mr. MARKEY of Massachusetts. Mr. Speaker, I yield 3 minutes to the gen- Speaker, I yield myself the balance of Mr. UPTON. Mr. Speaker, I yield my- my time to close. tleman from Washington (Mr. INSLEE). self such time as I may consume. Mr. Speaker, I include for the Mr. INSLEE. Mr. Speaker, I want to Mr. Speaker, let me just start off by RECORD the letters of support for H.R. thank the chairman and Mr. UPTON for congratulating the gentleman from 3276, including from the Society For their leadership on this bill. I want to New York. I feel we will have a resolu- Nuclear Medicine, the American Col- thank Mr. MARKEY for working with tion honoring the Yankees. I would lege of Cardiology, the Health Physics me to include language in the bill that just note as a Tigers, Cubs and White Society and the Union of Concerned recognizes the 17 research reactors in Sox fan and coming from Michigan, Scientists Derek Jeter does hail from Kalamazoo, this country that have converted from GE HITACHI NUCLEAR ENERGY, Michigan. And to his credit, he has not highly enriched uranium to low en- Wilmington, NC, July 22, 2009. forgotten his roots. He is a great indi- riched uranium fuel. One of these reac- Hon. HENRY A. WAXMAN, vidual, and we appreciate his prowess tors is in my home State at Wash- Chairman, Committee on Energy and Commerce, on the field. I congratulate him and the ington State University. This reactor House of Representatives, Rayburn House Yankees as well. can be used for medical isotope produc- Office Building, Washington, DC. Mr. Speaker, I too want to commend tion with the use of highly enriched DEAR CONGRESSMAN WAXMAN, On behalf of GE Hitachi Nuclear Energy, I would like to my colleague, ED MARKEY, and the uranium. offer my strong support for House passage of Democratic and Republican Members I would like to clarify with Mr. MAR- the American Medical Isotopes Production on this committee for moving swiftly KEY that the purpose of section 3(a)(3) Act, introduced by Representative Edward on an issue that is of critical impor- which allows reactors that are in the Markey and Representative Fred Upton. tance. Problems abroad have exposed process of converting from highly en- This bill will provide the resources nec- troublesome flaws here at home in nu- riched uranium to low enriched ura- essary for the United States to move expedi- clear medicine. Every year, 16 million nium fuel to qualify for funds under tiously to ensure that an adequate and reli- medical procedures in the United able supply of molybdenum–99 can be pro- this bill. It is my understanding that duced in the United States, without the use States rely on the import of nuclear this provision should not be inter- of highly enriched uranium. Accordingly, isotope molybdenum-99. That is 50,000 preted as giving any preferences to Americans will benefit from a more robust procedures every single day, and yet we these reactors and that all applicants supply of life-saving diagnostic medical iso- import 100 percent of our supply of this for these funds will be given full and topes like molybdenum–99. isotope. equal consideration. GEH is pleased that this legislation has been introduced. It is in the best interest of The Canadian reactor that has for I yield to Mr. MARKEY. the health and well being of the citizens of decades supplied over 60 percent of mo- Mr. MARKEY of Massachusetts. The lybdenum-99 is now off-line, and the our great nation that this legislation is gentleman is correct. Neither this pro- passed. We look forward to working with the nuclear reactor may never ever return vision nor the bill as a whole give any government in bringing a solution to the to operation. Among their many med- preference whatsoever to any tech- medical isotope crisis facing America. ical uses, these isotopes are critical in nology type. The purpose of this provi- Thank you for your leadership on this im- the procedures for the detection and sion is to give the Department of En- portant issue. staging of cancer as well as heart dis- ergy the greatest number of options for Sincerely, LISA M. PRICE. ease. Without a proper supply of this dealing with the medical isotope crisis critical isotope, tens of thousands of while also maintaining the incentive NUCLEAR THREAT INITIATIVES, patients seeking diagnosis or treat- for reactors to convert to low enriched Washington, DC, July 20, 2009. ment will be in jeopardy literally every uranium fuel. Hon. EDWARD J. MARKEY, single day. The bill includes several conditions House of Representatives, So what this bill does, it will help in- on reactors using the exemption to en- Washington, DC. DEAR CONGRESSMAN MARKEY, You have sure a reliable supply of the most crit- sure that their conversion to low en- ical isotopes that are produced here in asked for our reaction to your draft Amer- riched uranium fuel is successful. I ican Medical Isotopes Production Act of 2009. the U.S. Today, with the passage of fully expect the Department of Energy this bill, we are a step closer to ensur- I believe this legislation can and will make to give full consideration to every ap- an important contribution to reducing com- ing the tens of thousands of Americans plication for these funds, and to do so mercial use of highly enriched uranium who seek diagnosis and treatment in an equitable and technology-neutral (HEU). every day promptly receive the care manner. As we know, HEU is the most attractive raw ingredient for nuclear terrorism, and its that they need. Literally, the clock is Mr. INSLEE. I would like to thank ticking, and the well-being of countless use to produce essential medical isotopes the Chair for that clarification and for constitutes a continuing and dangerous glob- folks continues to hang in the balance. working with me on one of those condi- I would note that there is a good al commerce in HEU. Means are now avail- tions which would make sure that we laundry list of organizations that sup- able to meet the world’s medical isotopic have updated status report for reactors needs with production technologies that do port this legislation, among them: using this exemption. not rely on HEU, and conversion of existing American Association of Physicists in facilities appears achievable in a span of PARLIAMENTARY INQUIRY Medicine; American College of Radi- seven-to-ten years. ology; American College of Cardiology; Mr. INSLEE. Before I close, I have a We understand this legislation is prin- as well as the American Society of Nu- parliamentary inquiry, if I may pose it. cipally intended to provide both a legal and clear Cardiology. The SPEAKER pro tempore. The gen- a financial basis to develop domestic isotope We don’t want to deny Americans tleman may state his parliamentary production capacity based on low enriched this long-practiced medical procedure inquiry. uranium (LEU), which removes its prolifera- Mr. INSLEE. Mr. Speaker, do the tion potential. It would also provide for the which we know produces early diag- elimination of U.S. HEU exports and the nosis of a good number of diseases, and rules of the House prevent Members, vulnerabilities associated with any transport we can save countless American lives. including those in the Chair, from of fissile material. These elements would I would urge my colleagues on both wearing Yankee hats on the floor of constitute significant progress toward reduc- sides to support this. Again, I con- the House of Representatives? ing nuclear terrorism risks.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12405 We also welcome your efforts to support will be aggressively pursued and funded. As a ply of medical radioisotopes is essential. international steps to convert commercial result CORAR would not support modifying Currently there are no facilities in the U.S. isotope production processes to LEU. The the deadline contained in H.R. 3276. However that are dedicated to manufacturing Mo99 U.S. can provide a valuable example by con- CORAR would encourage the committee to for Mo-99/Tc-99m generators. The United centrating its own isotope production on maintain ongoing oversight of the medical States must develop domestic capabilities to LEU-based technologies, but other countries isotope supply and ensure that our patient’s produce Mo-99, and not rely solely on foreign may need additional technical assistance medical isotope needs are not restricted in suppliers. In addition, forcing a change from and international coordination to accom- 2020. HEU to LEU must be done with adequate plish their own conversions. NTI has been Thank you for the opportunity to provide time made available for the research and de- supporting programmatic work at the Inter- this information to the Committee. CORAR velopment needed for the transition period. national Atomic Energy Agency to accel- looks forward to working with you toward There also must be consideration of eco- erate the production of molybdenum–99 with- the enactment of the legislation. nomic and environmental factors to prevent, out HEU, but a more focused effort sup- Sincerely, first and foremost, putting patients at risk ported by adequate technical and financial ROY W. BROWN, because of delays in production of much resources is needed to get the job done. Senior Director, Federal Affairs. needed radionuclides, such as Technetium- These collective steps would go far to 99m (Tc-99m) which is made from Mo-99. eliminating a major hole in our web of ef- THE SOCIETY OF NUCLEAR MEDICINE, Your legislation will help address the forts to reduce nuclear dangers. We appre- Reston, VA, July 10, 2009. needs of patients by promoting the produc- ciate your initiative in addressing these im- Hon. EDWARD MARKEY, tion of Mo-99 in the United States. We thank portant matters, and your long record of at- House of Representatives, you for your efforts and look forward to con- tention to nonproliferation issues. This bill’s Washington, DC. tinuing to work with you on this important purposes are consistent with NTI’s effort to DEAR CONGRESSMAN MARKEY: The Society issue. minimize highly enriched uranium use and of Nuclear Medicine (SNM)—an international Should you have any further questions, commerce and will do much to advance that scientific and medical organization dedi- please contact Hugh Cannon, Director of mission. cated to raising public awareness about what Health Policy and Regulatory Affairs. Sincerely, molecular imaging is and how it can help Sincerely, SAM NUNN, provide patients with the best health care MICHAEL M. GRAHAM, PHD, MD, Co-Chairman. possible—appreciates your efforts to ensure a President, SNM. domestic supply of the important isotope CHARLES B. CURTIS, This is, in my opinion, a very impor- President. Molybdenum-99 (Mo-99) within the U.S. and to curtail the use of highly-enriched ura- tant piece of legislation. It makes a COUNCIL ON RADIONUCLIDES nium (HEU) in radionuclide production as a connection between the nuclear medi- AND RADIOPHARMACEUTICALS, INC., non-proliferation strategy to deter ter- cine that is practiced in this country Moraga, CA, September 25, 2009. rorism. We further appreciate your willing- and the nuclear proliferation issue that DEAR CHAIRMAN MARKEY AND RANKING ness to work with SNM and other stake- we are trying to solve around the MEMBER UPTON, CORAR has been asked to holders to draft legislation to responsibly ad- world. So this really does begin to draw provide the Committee (1) the feasibility of dress these important issues and keep pa- LEU based Mo-99 medical isotopes and (2) tient needs in the forefront. As you know, that line between atoms for peace and CORAR’s position on H.R. 3276, the American Mo-99 decays into Technetium-99m (Tc-99m), atoms for war in a way which I think Medical Isotopes Production Act of 2009. which is used in approximately 16 million we can all on a bipartisan basis come CORAR supports H.R. 3276 and supports in- nuclear medicine procedures each year in the to support. History has been pointing creasing the capacity for medical radio- U.S. Recent disruptions in the supply of Mo- us in this direction. This legislation is nuclides in the U.S. 99 have highlighted the urgent need to en- something that all Members of this In regards to the technical feasibility of sure a domestic supply for the U.S. Your bill, Chamber can be proud of. supply for U.S. patients of LEU medical iso- the American Medical Isotope Production Mr. Speaker, I hope that all of the topes, CORAR member companies produce Act of 2009, will help patients who rely on Members support this legislation. all of the Tc-99m generators used by the U.S. medical imaging for the treatment and diag- nuclear medicine community for the detec- nosis of many common cancers by author- Mr. INSLEE. Mr. Speaker, I request that the tion of heart disease, cancer and other ill- izing funding and providing a clear road map attached letters in support of H.R. 3276 be en- nesses. These companies need a reliable sup- to create a domestic supply of Mo-99 while tered into the RECORD. They are from ply of Mo-99 used to produce these Tc-99m also allowing a responsible timeline and Covidien, Lantheus Medical Imaging, and the generators to fulfill patients’ needs. The re- safeguards for the transfer of HEU to low en- Health Physics Society. actors used to produce this Mo-99 are not op- riched uranium (LEU); therefore, SNM en- COVIDIEN, erated by CORAR member companies. All of dorses the American Medical Isotope Produc- Hazelwood, MO, July 21, 2009. the five reactors currently producing Mo-99 tion Act of 2009. Hon. EDWARD J. MARKEY, to supply the U.S. are operated by govern- Tc-99m is used in the detection and staging House of Representatives, ment subsidized companies or government of cancer; detection of heart disease; detec- Washington, DC. entities. Several groups have proposed dif- tion of thyroid disease; study of brain and DEAR CONGRESSMAN MARKEY: Your timely ferent methods of producing LEU-based Mo- kidney function; and imaging of stress frac- introduction of the American Medical Iso- 99 to increase the current capacity. Although tures. In addition to pinpointing the under- topes Production Act of 2009 (AMIPA) rep- CORAR believes some of these represent lying cause of disease, physicians can actu- resents an impressive effort to achieve con- worthwhile efforts to supplement the current ally see how a disease is affecting other func- version to low enriched uranium (LEU) with- capacity, they have significantly different tions in the body. Imaging with Tc-99m is an out disruption to patients who depend on timetables to completion due to different important part of patient care. As you may critical medical radioisotopes. regulatory and operational issues. Each of be aware, SNM, along with thousands of nu- Currently, the world is experiencing a mo- these groups has developed their own time- clear medicine physicians in the U.S., have, lybdenum-99 (Mo-99) shortage due to the un- tables and milestones for completion of their over the course of the last two years, been expected shutdown of a reactor in Canada for new method of Mo-99 production. Since these disturbed about supply interruptions of Mo- urgent repair. This reactor and the four oth- efforts to supplement the current Mo-99 ca- 99 from foreign vendors and the lack of a re- ers which produce the vast majority of the pacity are being done by different groups it liable supplier of Mo-99 in the U.S. Due to world’s Mo-99 supply are all aging, nearing would be more appropriate for these indi- these recent shutdowns in Canada, numerous the end of their useful lives. At stake are vidual groups to present the Committee with nuclear medicine professionals across the millions of diagnostic procedures that utilize their own timetables. CORAR respectfully country have delayed or had to cancel imag- radioisotopes produced using Mo-99, espe- suggests the Committee contact each one of ing procedures. Because Mo-99 is produced cially technetium 99m (Tc-99m). these groups to request a Gantt chart for through the fission of uranium and has a As one of the world’s principal Tc 99m sup- their plans for the design, construction and half-life of 66 hours, it cannot be produced pliers and given our commitment to secure a completion of their project. CORAR also be- and stored for long periods of time. Unlike global, interdependent Mo–99 supply chain lieves it would be in the committee’s best in- traditional pharmaceuticals, which are dis- for patients worldwide, Covidien is pleased to terest to review the funding applications for pensed by pharmacists or sold over-the- support AMIPA and looks forward to work- Mo-99 projects submitted to DOE. counter, nuclear reactors produce radio- ing with you further on this legislation as it As you are aware, CORAR has expressed its active isotopes that are processed and pro- progresses through Congress. concern that the mandatory 7 to 10 year halt vided to hospitals and other nuclear medi- While Covidien supports AMIPA, we do be- of exports could be problematic if medical cine facilities based on demand. Any disrup- lieve aspects of the bill merit additional at- isotope production is insufficient to meet tion to the supply chain can wreak havoc on tention during the legislative process. For U.S. patient needs at that time. However, patient access to important medical imaging example, we appreciate your acknowledge- CORAR believes that the mandatory dead- procedures. ment that the 7 to 10 year timetable may not line included in H.R. 3276 is critical to ensure In order to ensure that patient needs are provide adequate time to fully transition to that the proposed medical isotope projects not compromised, a continuous reliable sup- commercial-scale LEU utilization. We are

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12406 CONGRESSIONAL RECORD — HOUSE November 5, 2009 encouraged that the legislative language appropriate treatments, better patient out- Technicium–99m (Tc–99m), were available. In provides annual reports to Congress on the comes, less morbidity associated with inap- addition, the lack of a domestic supply of status of domestic development and a Na- propriate treatments and significant cost Mo–99 production requires the United States tional Academy of Sciences report reviewing savings for the system. As a good example of to ship Highly Enriched Uranium (HEU) to international production of Mo-99. We hope this, between approximately 20% and 40% of foreign countries with the subsequent ship- these reports will provide ample time for patients that undergo a diagnostic cardiac ment of the radioactive materials and waste Congress, if necessary, to intervene if the 7– catheterization—an invasive and costly pro- products from the production of the Mo–99 10 year deadline cannot be met. Also, while cedure with significant morbidity and mor- back into the United States. Although we be- the bill is focused on Mo-99, it does not pre- tality risks—are found not to have coronary lieve this is being done safely, it carries an clude the development and manufacturing of artery disease. In other words, hundreds of unnecessary risk as compared to domestic other important radioisotopes currently pro- thousands of procedures are performed each production of Mo–99 using Low Enriched duced using highly enriched uranium (HEU), year at an annual cost to the system of po- Uranium (LEU). One consequence, however, such as radioiodine (I-131), which are also tentially billions of dollars, and no under- of using LEU in place of HEU for Mo–99 pro- critically important to patients. lying disease is identified. A number of these duction is an increase in radioactive waste, Please accept our thanks for your work on cardiac catheterization procedures could be including an increase in the production of this important challenge and the oppor- avoided if the patients had had a nuclear car- plutonium. These waste products can be safe- tunity to collaborate with you. diology imaging study using a Technetium- ly disposed of in properly designed disposal Sincerely, based imaging agent, such as Lantheus’ facilities. However, approximately 34 states TIMOTHY R. WRIGHT, Cardiolite (Kit for Preparation of Tech- do not have access to the currently author- President. netium Tc99m Sestamibi for Injection). A ized disposal facilities licensed by the Nu- nuclear imaging study is non-invasive, and clear Regulatory Commission. LANTHEUS MEDICAL IMAGING, the radiation exposure to the patient is com- In light of these radiation safety issues as- North Billerica, MA, July 24, 2009. parable to a cardiac catheterization (al- sociated with the proposed ‘‘American Med- Hon. EDWARD J. MARKEY, though the radiation exposure to health care ical Isotopes Production Act of 2009’’, the Chair, Subcommittee on Energy and Environ- professionals performing the procedures is Health Physics Society recommends two ad- ment, House Energy and Commerce Com- substantially less for nuclear imaging). ditional items be included in the bill: mittee, Rayburn House Office Building, Moreover, a nuclear diagnostic study is be- 1. First, we recommend the ‘‘Findings’’ in Washington, DC. tween approximately 20% and 30% of the cost the bill include a finding that the lack of a DEAR MR. MARKEY: We are very pleased to of a cardiac catheterization. Thus, cardiac reliable supply of Mo–99 results in an unnec- write in strong support of the American medical imaging procedures that rely on essary increase in the radiation doses re- Medical Isotopes Production Act of 2009, of Technetium produced from Molybdenum-99 ceived by patients and medical practitioners. which you are a co-sponsor. can improve patient outcomes and reduce 2. Second, we recommend the bill require Based in Billerica, Massachusetts, costs—core goals of the Obama Administra- the Secretary of Energy be responsible for Lantheus Medical Imaging, Inc. tion’s proposed health care reforms. seeing that any domestic medical isotope (‘‘Lantheus’’) has been a worldwide leader in Lantheus congratulates you and Congress- production facility created by this bill has diagnostic medical imaging for the past 50 man Upton on introducing the American access to an appropriate radioactive waste years. We have over 600 employees world- Medical Isotopes Production Act of 2009. We disposal facility, including a federal facility wide, approximately 400 of whom work in would be pleased and honored to assist you if no licensed commercial facility is avail- Massachusetts and approximately two dozen in any way we can to ensure that this impor- able. of whom live in the 7th Congressional Dis- tant and much-needed bill becomes enacted I hope these suggestions are helpful and I trict (including the undersigned). Lantheus into law. look forward to the Health Physics Society is the home to leading diagnostic imaging Sincerely, helping you in advancing this legislation. brands, including, among others, MICHAEL P. DUFFY, Please do not hesitate to contact me if you,  Technelite (Technetium Tc99m Generator), Vice President and General Counsel. or your staff, would like further information the leading Technetium-based generator pro- or assistance on this matter, or any other ra- duced in the United States in both quality HEALTH PHYSICS SOCIETY, diation safety issue. and number of units sold. Lantheus sells McLean, VA, July 20, 2009. Sincerely, Technelite  generators to customers located Hon. EDWARD J. MARKEY, HOWARD W. DICKSON, in the United States and around the world. House of Representatives, President. Molybdenum-99 is the key ingredient in Washington, DC. the Technelite  generator. Molybdenum-99 DEAR MR. MARKEY: On behalf of the Health Mr. MARKEY of Massachusetts. I spontaneously decays into Technetium Tc- Physics Society, I am pleased to endorse yield back the balance of my time. 99m which is then eluted from the generator your proposed bill entitled the ‘‘American The SPEAKER pro tempore. The to radiolabel organ-specific imaging agents. Medical Isotopes Production Act of 2009’’ and question is on the motion offered by These radiolabelled agents are then used in a to suggest two additions to the bill for your the gentleman from Massachusetts variety of heart, brain, bone and other diag- consideration that I feel will enhance the un- (Mr. MARKEY) that the House suspend nostic imaging procedures. derstanding of the need for the bill and the the rules and pass the bill, H.R. 3276, as As the largest consumer of Molybdenum-99 implementation of the bill’s provisions. in the United States, we are very concerned From our previous collaborations you amended. about the fragility of the global Molyb- know that the Health Physics Society is an The question was taken. denum-99 supply chain. We currently rely for independent nonprofit scientific organiza- The SPEAKER pro tempore. In the our Molybdenum-99 supply on nuclear reac- tion of radiation science and radiation safety opinion of the Chair, two-thirds being tors which produce Molybdenum-99 in Can- professionals. As such, we strive to assist na- in the affirmative, the ayes have it. ada, South Africa, Australia, Belgium and tional leaders and decision makers in pro- Mr. MARKEY of Massachusetts. Mr. The Netherlands. Most of these five reactors viding excellence in the legislation and regu- Speaker, on that I demand the yeas (all located outside of the United States) are lation of issues related to radiation safety. aging and are increasingly subject to un- We have been pleased to support and work and nays. scheduled shutdowns and time-consuming re- with your staff in the past on important leg- The yeas and nays were ordered. pairs, which limit the predictability of and islation like the series of ‘‘Dirty Bomb Pre- The SPEAKER pro tempore. Pursu- accessibility to potentially millions of im- vention Act’’ bills starting in 2002 that cul- ant to clause 8 of rule XX and the portant medical diagnostic procedures for minated in important radiological terrorism Chair’s prior announcement, further patients in the United States and throughout prevention and security measures in the En- proceedings on this motion will be the world. We have worked closely with your ergy Policy Act of 2005, and the more recent postponed. office over the past several months, dis- ‘‘Nuclear Facility and Material Security Act cussing issues affecting the medical imaging of 2008’’ introduced last year. f industry, and we have reviewed earlier drafts Once again, we would like to support and GENERAL LEAVE of the bill. We strongly endorse your efforts work with your staff in developing and pro- to promote the production of Molybdenum-99 moting your ‘‘American Medical Isotopes Mr. THOMPSON of Mississippi. Mr. in the United States for medical isotope ap- Production Act of 2009.’’ Speaker, I ask unanimous consent that plications. The Health Physics Society interest in this all Members may have 5 legislative In your discussions with your colleagues in legislation is based on radiation safety con- days in which to revise and extend the House and Senate about the bill, it will siderations. Specifically, the lack of a reli- their remarks and insert extraneous be important to note that the medical imag- able supply of the isotope Molybdenum–99 material on H.R. 2868. ing procedures that rely on Technetium- (Mo–99) requires substitution of diagnostic based imaging agents contribute to improved procedures that result in a higher radiation The SPEAKER pro tempore. Is there medical care as well as cost savings for the dose to the patient and the medical practi- objection to the request of the gen- entire medical system. It is established that tioners performing the procedure than would tleman from Mississippi? better diagnostic medicine results in more be received if the Mo–99 daughter, There was no objection.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12407 CHEMICAL FACILITY ANTI- this homeland security bill. I am proud years. And this legislation that we en- TERRORISM ACT OF 2009 of the robust stakeholder engagement acted then is in the process of being The SPEAKER pro tempore. Pursu- that went into this bill, and to the ex- implemented by the Department of ant to House Resolution 885 and rule tent with which Department and Re- Homeland Security. In fact, the De- XVIII, the Chair declares the House in publican input was sought and in- partment, itself, asked for a 1-year ex- the Committee of the Whole House on cluded. tension. That was voted on in the ap- the state of the Union for the consider- H.R. 2868 closes a major security gap propriations bill last month, which I ation of the bill, H.R. 2868. identified by both the Bush and Obama strongly supported. As far as I know, administrations. Specifically, titles II the administration has not asked for b 1525 and III authorize EPA to establish a se- this legislation, and I’m not aware of IN THE COMMITTEE OF THE WHOLE curity program for drinking water and any statement of support that they’ve Accordingly, the House resolved wastewater facilities. EPA’s new pro- sent up in support of it. itself into the Committee of the Whole gram will complement CFATS. But before I get to that, let me just House on the State of the Union for the This approach, which is fully sup- commend the chairman, Mr. THOMP- consideration of the bill (H.R. 2868) to ported by the Obama administration, SON, the Chair of the subcommittee, amend the Homeland Security Act of taps into the existing regulatory rela- Ms. JACKSON-LEE, and the ranking 2002 to extend, modify, and recodify the tionship between EPA and public water member of the subcommittee, Mr. authority of the Secretary of Home- facilities. DENT, because even though we are land Security to enhance security and Additionally, H.R. 2868 requires all going to have differences during this protect against acts of terrorism tiered facilities to assess ‘‘methods to debate today, I want to emphasize the against chemical facilities, and for reduce the consequences of a terrorist fact that this was done very fairly, other purposes, with Mr. INSLEE in the attack.’’ Plants that voluntarily per- very openly, and with a tremendous chair. form these assessments, which are spirit of cooperation from your side of The Clerk read the title of the bill. sometimes called IST assessments, the aisle and I hope from ours as well. The CHAIR. Pursuant to the rule, the often find that good security equals The differences today are very honest bill is considered the first time. good business. In fact, this week, Clo- ones, but I want to emphasize the level General debate shall not exceed 90 rox announced, to strengthen its oper- of cooperation that existed throughout minutes equally divided and controlled ation and add another layer of secu- this process. by the Chair and ranking minority rity, it would voluntarily replace chlo- I am, however, opposed to the legisla- member of the Committee on Home- rine gas with a safer alternative at six tion because I believe it is going to cre- land Security, the Chair and ranking of its bleach manufacturing facilities. ate confusion and undue cost. It is minority member of the Committee on going to cost jobs, and it’s going to b 1530 Energy and Commerce, and the Chair raise taxes. It gives far too much credi- and ranking minority member of the H.R. 2868 simply incorporates this bility to IST, or inherently safer tech- Committee on Transportation and In- best practice into how all tiered facili- nology, which is a concept, yet this frastructure. ties integrate security into their oper- concept will have, I believe, a very sti- The gentleman from Mississippi (Mr. ations. Additionally, H.R. 2868 fling effect on the private sector. We THOMPSON), the gentleman from New strengthens CFATS by adding enforce- should keep in mind that we’re not just York (Mr. KING), the gentleman from ment tools, protecting the rights of talking about large chemical plant fa- California (Mr. WAXMAN), the gen- whistleblowers, and enhancing security cilities, but we’re also talking about tleman from Texas (Mr. BARTON), the training. institutions such as colleges and hos- gentleman from Minnesota (Mr. OBER- Some on the other side are arguing pitals which will have to incur these STAR), and the gentleman from Florida for a 3-year blanket extension of DHS’s costs. (Mr. MICA) each will control 15 min- current authority. Such an approach The current law is working. And I utes. flies in the face of testimony that we asked the chairman this during the The Chair recognizes the gentleman received about gaps in CFATS and time of the debate when it was in the from Mississippi. would be a rejection of all the carefully committee, what is the rush to move it Mr. THOMPSON of Mississippi. Mr. tailored security enhancements in the through? And when I say ‘‘rush,’’ obvi- Chairman, I yield myself such time as bill. ously, if it had to be done, we should do I may consume. This legislation demonstrates the it immediately, we should do it yester- I am pleased to present H.R. 2868, a progress we can make with a trans- day. But the fact is that the Depart- bill to authorize reasonable, risk-based parent process that is open to diverse ment did not ask for this extension, did security standards for chemical facili- viewpoints and addresses the concerns not ask for these changes. I believe ties. of everyone who wants to be in the that we took a good concept, an admi- Faced with the fact that DHS’ chem- process. This is exactly how govern- rable concept of enhancing chemical ical security program, CFATS, would ment should work. plant security, and have allowed con- expire, the President requested and re- With that, Mr. Chairman, I urge pas- cepts and ideas regarding the environ- ceived a 1-year extension to allow this sage of this important legislation and I ment, regarding certain pet projects, bill to go through the legislative proc- reserve the balance of my time. and allowed that to, I believe, have too ess. Under the CFATS program, DHS Mr. KING of New York. Mr. Chair- large an influence on this bill. placed about 6,000 facilities in four risk man, I yield myself such time as I may There is another aspect of this bill tiers. These sites account for just 16 consume. which has been added, and that’s the percent of the 36,000 facilities that ini- Mr. Chairman, the issue of chemical concept of civil lawsuits against the tially submitted information to DHS. plant security is obviously a very vital Department. I know Mr. MCCAUL, in My committee began working on one. It’s one that has to be addressed. the debate later, is going to offer an comprehensive chemical security legis- It’s an issue which certainly since Sep- amendment on this issue. But any fair lation 4 years ago in response to wide- tember 11 is more vital than ever. That reading of the testimony of the Depart- spread concern that chemical plants is why, in 2006, the Homeland Security ment at the hearing we held on this may be ideal terrorist targets. Pre- Committee, when I was chairman legislation made it clear that they did vious attempts at getting comprehen- working across the aisle, worked long not support this language regarding sive chemical security legislation to and hard to enact landmark legisla- the civil lawsuits. the floor in the last two Congresses tion. There was much negotiation. Quite frankly, with all the work the were unsuccessful. There was much debate. We covered Department of Homeland Security has However, this Congress, thanks to issues such as preemption and inher- to do, with the difficulty there is in the collaborative approach taken by ently safer technology. bringing all of these thousands of enti- Chairman WAXMAN, as well as by Chair- Legislation was put in place, and ties into compliance with the law, I be- men OBERSTAR and CONYERS, the House that is the basis upon which the De- lieve the last thing they need right now has an opportunity to consider partment has been acting for the past 3 now is to be subjected to civil lawsuits

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12408 CONGRESSIONAL RECORD — HOUSE November 5, 2009 where there would virtually be no limi- Despite the changes made to this legislation STATEMENT FOR THE RECORD BY RAND BEERS, tations on who could bring those law- in the Energy and Commerce and Homeland UNDER SECRETARY, NATIONAL PROTECTION suits. My understanding is that the Security Committees, we continue to oppose AND PROGRAMS DIRECTORATE, DEPARTMENT person doesn’t even have to be a citizen the bill due to the detrimental impact it will OF HOMELAND SECURITY, OCTOBER 1, 2009. have on national security and economic sta- to bring a lawsuit under this or live in Thank you, Chairman MARKEY, Ranking bility. Member UPTON, and distinguished Members the State where the facility is located. Specifically, we strongly object to the In- of the Committee. It is a pleasure to appear So, Mr. Chairman, this is a bridge too before you today as the Committee considers far. This is a rush to judgment. Rather herently Safer Technology (IST) provisions of this legislation that would allow the De- H.R. 3258, the Drinking Water System Secu- than work with the carefully crafted partment of Homeland Security (DHS) to rity Act of 2009. This Act is intended to close the security gap at drinking water facilities and thought-out legislation that we mandate that businesses employ specific that possess substances of concern. adopted in a bipartisan way 3 years product substitutions and processes. These ago, we are now changing it—and We have made significant progress since provisions would be significantly detri- the implementation of the Chemical Facili- changing again—without a request mental to the progress of existing chemical ties Anti-Terrorism Standards (CFATS). We from the Obama administration. We facility security regulations (the ‘‘CFATS’’ have reviewed over 36,900 facilities’ Top- have language in this legislation which program) and should not be included in this Screen consequence assessment question- was clear the administration opposed legislation. DHS should not be making engi- naires, and in June 2008, we notified 7,010 pre- at the time of the debate on the bill neering or business decisions for chemical fa- liminarily-tiered facilities of the Depart- cilities around the country. It should be fo- ment’s initial high-risk determinations and when it was before the committee. So I cused instead on making our country more strongly urge, reluctantly, that the of the facilities’ requirement to submit Se- secure and protecting American citizens curity Vulnerability Assessments (SVAs). legislation be voted down. from terrorist threats. Decisions on chemical We received and are reviewing almost 6,300 But in doing that, let me also say, substitutions or changes in processes should SVAs. We have recently begun to notify fa- Mr. Chairman, that there are a large be made by qualified professionals whose job cilities of their final high-risk determina- number of organizations opposed to it is to ensure safety at our facilities. tions, tiering assignments, and the require- this legislation, such as the American Furthermore, forced chemical substi- ment to complete and submit Site Security Farm Bureau, the Chamber of Com- tutions could simply transfer risk to other Plans (SSPs) or Alternative Security Pro- merce, the American Trucking Asso- points along the supply chain, failing to re- grams (ASPs). CFATS currently covers ap- proximately 6,200 high-risk facilities nation- ciation. I will place into the RECORD duce risk at all. Because chemical facilities are custom-designed and constructed, such wide. The current state of coverage reflects the letter which was sent by a group of changes related to chemicals of interest that mandates would also impose significant fi- these organizations in opposition to facilities have made since receiving prelimi- nancial hardship on facilities struggling dur- the legislation, H.R. 2868. nary tiering notifications in June 2008, in- ing the current economic recession. Some of Mr. Chairman, let me just conclude— cluding security measures implemented and these forced changes are estimated to cost the consolidation or closure of some facili- and by the way, I will be asking Mr. hundreds of millions of dollars per facility. ties. DENT to manage the balance of the Ultimately, many facilities would not be time on our side. I would ask those on able to bear this expense. CHEMICAL SECURITY REGULATIONS Section 550 of the FY 2007 Department of the other side to go easy on Mr. DENT; Thank you for taking our concerns into ac- he is suffering from trauma. His team, Homeland Security Appropriations Act di- count as the House of Representatives con- rected the Department to develop and imple- the Phillies, after being lucky last tinues to consider the ‘‘Chemical Water and ment a regulatory framework to address the year, have gone back to their usual Security Act of 2009.’’ We stand ready to high level of security risk posed by certain ways and they were defeated last night. work with Congress towards the implemen- chemical facilities. Specifically, Section I give him credit for coming out of his tation of a responsible chemical facility se- 550(a) of the Act authorized the Department bed, from coming out from underneath curity program. to adopt rules requiring high-risk chemical the covers to be here today to take Sincerely, facilities to complete SVAs, develop SSPs, part in this debate. So especially I Agricultural Retailers Association Amer- and implement protective measures nec- would ask the gentleman from New ican Farm Bureau Federation Amer- essary to meet risk-based performance ican Forest & Paper Association; standards established by the Department. Jersey (Mr. PASCRELL) who has a talent Consequently, the Department published an for going for the jugular, you can do it American Petroleum Institute; Amer- ican Trucking Associations; Chemical Interim Final Rule, known as CFATS, on to me, but please go easy on Mr. DENT Producers and Distributors Associa- April 9, 2007. Section 550, however, expressly today if you would. And I’m sure the tion; Consumer Specialty Products As- exempts from those rules certain facilities chairman concurs in the sympathy we sociation; The Fertilizer Institute; In- that are regulated under other Federal stat- feel for the gentleman from Pennsyl- stitute of Makers of Explosives; Inter- utes. For example, Section 550 exempts fa- vania. national Association of Refrigerated cilities regulated by the United States Coast Guard pursuant to the Maritime Transpor- Mr. Chairman, on a serious note, we Warehouses; International Liquid Ter- minals Association; International tation Security Act (MTSA). Drinking water started work on this legislation in good and wastewater treatment facilities as de- faith. That good faith continues. But I Warehouse Logistics Association; Na- tional Agricultural Aviation Associa- fined by Section 1401 of the Safe Water Drinking Act and Section 212 of the Federal strongly believe, and others on our side tion; National Association of Chemical Water Pollution Control Act, respectively, do, that the extreme environmental Distributors; National Association of are similarly exempted. In addition, Section language in the bill is going to tie the Manufacturers; National Grange of the 550 exempts facilities owned or operated by hands of the Homeland Security Sec- Order of Patrons of Husbandry; Na- the Departments of Defense and Energy, as tional Mining Association; National retary with unrelated costly and bur- well as certain facilities subject to regula- Oilseed Processors Association; Na- densome provisions. tion by the Nuclear Regulatory Commission tional Paint and Coatings Association; Congress has granted the President’s (NRC). request for a 1-year extension. We National Pest Management Associa- The following core principles guided the should let the Department of Homeland tion; National Petrochemical and Re- development of the CFATS regulatory struc- finers Association; National Propane Security continue its work. I believe ture: Gas Association; North American Mil- (1) Securing high-risk chemical facilities is that moving this legislation forward lers’ Association; Petroleum Equip- a comprehensive undertaking that involves a will hurt the Department, will hurt ment Suppliers Association; Petroleum national effort, including all levels of gov- small businesses, and will not improve Marketers Association of America; ernment and the private sector. Integrated the security of these facilities. U.S. Chamber of Commerce; USA Rice and effective participation by all stake- NOVEMBER 4, 2009. Federation. holders—Federal, State, local, and the pri- Hon. NANCY PELOSI, vate sector—is essential to securing our na- Speaker, House of Representatives, Capitol I reserve the balance of my time. tional critical infrastructure, including Building, Washington, DC. Mr. THOMPSON of Mississippi. Mr. high-risk chemical facilities. Implementing Hon. JOHN BOEHNER, Chairman, I would like to enter into this program means tackling a sophisticated Republican Leader, House of Representatives, and complex set of issues related to identi- the RECORD testimony from Under Sec- Capitol Building, Washington, DC. fying and mitigating vulnerabilities and set- retary Rand Beers from an October DEAR SPEAKER PELOSI AND REPUBLICAN ting security goals. This requires a broad LEADER BOEHNER: We write to you today to hearing that reflects that this adminis- spectrum of input, as the regulated facilities express our opposition to H.R. 2868, the tration supports this bill and desires bridge multiple industries and critical infra- ‘‘Chemical and Water Security Act of 2009.’’ for action this year. structure sectors. By working closely with

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12409 experts, members of industry, academia, and terminations as to whether a facility is high- Performance Standards Guidance document. Federal Government partners, we leveraged risk and, if so, of the facility’s final tier as- The Department developed this guidance to vital knowledge and insight to develop the signment. To date, the Department has re- assist high-risk chemical facilities subject to regulation. ceived over 6,300 SVAs. Each one is carefully CFATS in determining appropriate protec- (2) Risk-based tiering will ensure that re- reviewed for its physical, cyber, and chem- tive measures and practices to satisfy the sources are appropriately deployed. Not all ical security content. RBPS. It is designed to help facilities com- facilities present the same level of risk. The Only facilities that receive a final high- ply with CFATS by providing detailed de- greatest level of scrutiny should be focused risk determination letter under CFATS will scriptions of the 18 RBPS as well as exam- on those facilities that, if attacked, present be required to complete and submit an SSP ples of various security measures and prac- the most risk and could endanger the great- or an Alternative Security Program (ASP). tices that would enable facilities to achieve est number of lives. DHS’s final determinations as to which fa- the appropriate level of performance for the (3) Reasonable, clear, and equitable per- cilities are high-risk are based on each facili- RBPS at each tier level. The Guidance also formance standards will lead to enhanced se- ty’s individual consequentiality and vulner- reflects public and private sector dialogue on curity. The current CFATS rule includes en- ability as determined by its Top-Screen and the RBPS and industrial security, including forceable risk-based performance standards. SVA. public comments on the draft guidance docu- High-risk facilities have the flexibility to se- After approval of their SVAs, the final ment. High-risk facilities are free to make lect among appropriate site-specific security high-risk facilities are required to develop use of whichever security programs or proc- measures that will effectively address risk. SSPs or ASPs that address their identified esses they choose, provided that they The Department will analyze each tiered fa- vulnerabilities and security issues. The high- achieve the requisite level of performance cility’s SSP to see if it meets CFATS per- er the risk-based tier, the more robust the under the CFATS RBPS. The Guidance will formance standards. If necessary, DHS will security measures and the more frequent and help high-risk facilities gain a sense of what work with the facility to revise and resubmit rigorous the inspections will be. The purpose types and combination of security measures an acceptable plan. of inspections is to validate the adequacy of may satisfy the RBPS. (4) Recognition of the progress many com- a facility’s SSP and to verify that measures To provide a concrete example: in the case panies have already made in improving facil- identified in the SSP are being implemented. of a Tier 1 facility with a release hazard se- ity security leverages those advancements. In May, the Department issued approxi- curity issue, the facility is required to appro- Many responsible companies have made sig- mately 140 final tiering determination let- priately restrict the area perimeter, which nificant capital investments in security ters to the highest risk (Tier 1) facilities, may include preventing breach by a wheeled since 9/11. Building on that progress in im- confirming their high-risk status and initi- vehicle. To meet this standard, the facility is plementing the CFATS program will raise ating their 120-day timeframe for submitting able to consider numerous security meas- the overall security baseline at high-risk an SSP. In June and July, we notified ap- ures, such as cable anchored in concrete chemical facilities. proximately 826 facilities of their status as block along with movable bollards at all ac- Appendix A of CFATS lists 322 chemicals of final Tier 2 facilities and the associated due tive gates or perimeter landscaping (e.g., interest, including common industrial dates for their SSPs. Most recently, on Au- large boulders, steep berms, streams, or chemicals such as chlorine, propane, and an- gust 31, 2009, we notified approximately 137 other obstacles) that would thwart vehicle hydrous ammonia, as well as specialty facilities of their status as either a final Tier entry. As long as the measures in the SSP chemicals, such as arsine and phosphorus tri- 1, 2, or 3 facility and the associated due dates are sufficient to address the performance chloride. The Department included chemi- for their respective SSPs. Following prelimi- standards, the Department does not mandate cals based on the consequences associated nary authorization of the SSPs, the Depart- specific measures to approve the plan. with one or more of the following three secu- ment expects to begin performing inspec- tions in the first quarter of FY 2010, starting OUTREACH EFFORTS AND PROGRAM rity issues: IMPLEMENTATION (1) Release—toxic, flammable, or explosive with the Tier 1-designated facilities. Since the release of CFATS in April 2007, chemicals that have the potential to create Along with issuing the final tiering deter- the Department has taken significant steps significant adverse consequences for human mination notifications for Tier 1 facilities in to publicize the rule and ensure that our se- life or health if intentionally released or det- May, the Department launched two addi- curity partners are aware of its require- onated; tional measures to support CFATS. The first ments. As part of this dedicated outreach (2) Theft/Diversion—chemicals that have is the SSP tool, which was developed by DHS program, the Department has regularly up- the potential, if stolen or diverted, to be with input from an industry working group. dated the Sector and Government Coordi- used or converted into weapons that could A critical element of the Department’s ef- nating Councils of industries most impacted cause significant adverse consequences for forts to identify and secure the Nation’s by CFATS, including the Chemical, Oil and human life or health; and high-risk chemical facilities, the SSP en- Natural Gas and Food and Agriculture Sec- (3) Sabotage/Contamination—chemicals ables final high-risk facilities to document tors. We have also made it a point to solicit that, if mixed with other readily available their individual security strategies for meet- feedback from our public and private sector materials, have the potential to create sig- ing the Risk-Based Performance Standards partners and, where appropriate, to reflect nificant adverse consequences for human life (RBPS) established under CFATS. Each final high-risk facility’s security that feedback in our implementation activi- or health. strategy will be unique, as it depends on its ties, such as adjustments made to the SSP The Department established a Screening risk level, security issues, characteristics, template. Threshold Quantity for each chemical based and other factors. Therefore, the SSP tool We have presented at numerous security on its potential to create significant adverse collects information on each of the 18 RBPS and chemical industry conferences; partici- consequences for human life or health in one for each facility. The RBPS cover the fun- pated in a variety of other meetings of rel- or more of these ways. damentals of security, such as restricting evant security partners; established a Help IMPLEMENTATION STATUS the area perimeter, securing site assets, Desk for CFATS questions; and developed Implementation and execution of the screening and controlling access, cybersecu- and regularly updated a highly-regarded CFATS regulation require the Department rity, training, and response. The SSP tool is Chemical Security Web site. These efforts to identify which facilities it considers high- designed to take into account the com- are having a positive impact: approximately risk. The Department developed the Chem- plicated nature of chemical facility security 36,900 facilities have submitted Top-Screens ical Security Assessment Tool (CSAT) to and allows facilities to describe both facil- to the Department via CSAT. identify potentially high-risk facilities and ity-wide and asset-specific security meas- Additionally, the Department continues to to provide methodologies that facilities can ures, as the Department understands that focus on fostering solid working relation- use to conduct SVAs and to develop SSPs. the private sector in general, and CFATS-af- ships with State and local officials as well as CSAT is a suite of online applications de- fected industries in particular, are dynamic. first responders in jurisdictions with high- signed to facilitate compliance with the pro- The SSP tool also allows facilities to involve risk facilities. To meet the risk-based per- gram; it includes user registration, the ini- their subject-matter experts from across the formance standards under CFATS, facilities tial consequence-based screening tool (Top- facility, company and corporation, as appro- need to cultivate and maintain effective Screen), an SVA tool, and an SSP template. priate, in completing the SSP and submit- working relationships—including a clear un- Through the Top-Screen process, the Depart- ting a combination of existing and planned derstanding of roles and responsibilities— ment initially identifies and sorts facilities security measures to satisfy the RBPS. The with local officials who would aid in pre- based on their associated risks. Department expects that most approved venting, mitigating and responding to poten- If a facility is initially identified during SSPs will consist of a combination of exist- tial attacks. To facilitate these relation- the Top-Screen process as having a level of ing and planned security measures. Through ships, our inspectors have been actively risk subject to regulation under CFATS, the a review of the SSP, in conjunction with an working with facilities and officials in their Department assigns the facility to one of on-site inspection, DHS will determine areas of operation, and they have partici- four preliminary risk-based tiers, with Tier 1 whether a facility has met the requisite level pated in almost 100 Local Emergency Plan- indicating the highest level of risk. Those fa- of performance given its risk profile and thus ning Committee meetings to provide a better cilities must then complete SVAs and sub- whether its SSP should be approved. understanding of CFATS’ requirements. mit them to the Department. Results from Also issued with the final Tier 1 notifica- We are also working with the private sec- the SVA inform the Department’s final de- tions and the SSP tool was the Risk-Based tor as well as all levels of government in

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12410 CONGRESSIONAL RECORD — HOUSE November 5, 2009 order to identify facilities that may meet (3) CFATS reauthorization also presents an However, we must recognize that risk man- the threshold for CFATS regulation but that opportunity to close the existing security agement requires balancing threat, have not yet registered with CSAT or filed a gap for waste water and drinking water vulnerabilities, and consequences with the Top-Screen. We have recently completed treatment facilities by addressing the statu- cost to mitigate risk. Similarly, the poten- pilot efforts at the State level with New tory exemption of these facilities from tial public health and environmental con- York and New Jersey to identify such facili- CFATS. The Administration supports closing sequences of alternative chemicals must be ties in those jurisdictions. We will use these this gap. considered with respect to the use of safer pilots to design an approach that all States As DHS and EPA have stated before, we be- technology. In this context, the Administra- can use to identify facilities for our follow lieve that there is a critical gap in the U.S. tion has established the following policy up. Further, we are in the process of com- chemical security regulatory framework— principles in regards to IST at high-risk mencing targeted outreach efforts to certain namely, the exemption of drinking water and chemical facilities: segments of industry where we believe com- wastewater treatment facilities. We need to The Administration supports consistency pliance may need improvement. work with Congress to close this gap in order of IST approaches for facilities regardless of Internally, we are continuing to build the to secure substances of concern at these fa- sector. Infrastructure Security Compliance Division cilities and to protect the communities they The Administration believes that all high- that is responsible for implementing CFATS. serve; drinking water and wastewater treat- risk chemical facilities, Tiers 1–4, should as- We have hired, or are in the process of on- ment facilities that meet CFATS thresholds sess IST methods and report the assessment boarding, over 125 people, and we will con- for chemicals of interest should be regulated. in the facilities’ site security plans. Further, tinue to hire throughout this fiscal year to We do, however, recognize the unique public the appropriate regulatory entity should meet our goals. The FY 2010 budget request health and environmental requirements and have the authority to require facilities pos- contains an increase to allow the hiring, responsibilities of such facilities. For exam- ing the highest degree of risk (Tiers 1 and 2) training, equipping, and housing of addi- ple, we understand that a ‘‘cease operations’’ to implement IST method(s) if such methods tional inspectors to support the CFATS pro- order that might be appropriate for another enhance overall security, are feasible, and, gram as well as to continue deployment and facility under CFATS would have significant in the case of water sector facilities, con- maintenance of compliance tools for covered public health and environmental con- sider public health and environmental re- quirements. facilities. sequences when applied to a water facility. The Administration has established the fol- For Tier 3 and 4 facilities, the appropriate NEW LEGISLATION lowing policy principles in regards to regu- regulatory entity should review the IST as- We have enjoyed a constructive dialogue lating security at water sector facilities: sessment contained in the site security plan. with Congress, including this Committee, as The Administration believes that EPA The entity should be authorized to provide it works on new authorizing legislation. The should be the lead agency for chemical secu- recommendations on implementing IST, but Department recognizes the significant work rity for both drinking water and wastewater it would not require facilities to implement that this Committee and others, particularly systems, with DHS supporting EPA’s efforts. the IST methods. the House Committee on Homeland Security, Many of these systems are owned or operated The Administration believes that flexi- have devoted to drafting legislation to reau- by a single entity and face related issues re- bility and staggered implementation would thorize the CFATS program and to address garding chemicals of concern. Establishing a be required in implementing this new IST policy. DHS, in coordination with EPA, chemical security at the Nation’s water sys- single lead agency for both will promote con- would develop an IST implementation plan tems. We appreciate this effort and look for- sistent and efficient implementation of for timing and phase-in at water facilities ward to continuing the constructive engage- chemical facility security requirements designated as high-risk chemical facilities. ment with Congress on these important mat- across the water sector. ters. CFATS is enhancing security today by To address chemical security in the water DHS would develop an IST implementation helping to ensure high-risk chemical facili- sector, EPA would utilize, with modifica- plan for high-risk chemical facilities in all ties throughout the country have security tions as necessary to address the uniqueness other applicable sectors. Because CFATS and MTSA both address postures commensurate with their levels of of the sector, DHS’ existing risk assessment chemical facility security, there certainly risk. tools and performance standards for chem- should be harmonization, where applicable, The Department supports a permanent au- ical facilities. To ensure consistency of thorization of the program. Given the com- between these programs. We of course con- tiering determinations across high-risk tinue to work closely within the Department plexity of chemical facility regulation, the chemical facilities, EPA would apply DHS’ Department is committed to fully exploring with the Coast Guard to review the processes tiering methodology, with modifications as and procedures of both programs. We also all issues before the program is made perma- necessary to reflect any differences in statu- nent. To that end, the President’s FY 2010 support further clarification in the statute tory requirements. DHS would in turn run concerning the type of NRC-regulated facili- budget includes a request for a one-year ex- its Chemical Security Assessment Tool and tension of the statutory authority for ties exempt from CFATS. provide both preliminary and proposed final In the area of enforcement, we have ex- CFATS, which will allow the time needed to tiering determinations for water sector fa- pressed in our testimony on H.R. 2868 the De- craft a robust permanent program while cilities to EPA. EPA and DHS would strive partment’s support for eliminating the re- avoiding the sunset of the Department’s reg- for consensus in this tiering process with quirement that an Order Assessing Civil Pen- ulatory authority on October 4, 2009. Fur- EPA in its final determination, attaching alty may only be issued following an Admin- ther, as this one year extension is consid- significant weight to DHS’ expertise. istrative Order for compliance. This change ered, we urge Congress to provide adequate EPA would be responsible for reviewing would greatly streamline the civil enforce- time and resources to implement any new re- and approving vulnerability assessments and ment process, enhancing the Department’s quirements under the prospective legislation site security plans as well as enforcing high- ability to promote compliance from facili- and to ensure that new requirements would risk chemical facility security requirements. ties. We also support language that would not necessitate the Department to exten- Further, EPA would be responsible for in- authorize the Department to enforce compli- sively revisit aspects of the program that are specting water sector facilities and would be ance by initiating a civil penalty action in either currently in place or will be imple- able to authorize states to conduct inspec- district court or commencing a civil action mented in the near future. Throughout our tions and work with water systems to imple- to obtain appropriate relief, including tem- discussions with congressional committees, ment site security plans. It is important to porary or permanent injunction. We note, the Department has communicated a series note that any decisions on IST methods for however, that the enforcement provisions of issues for consideration as part of any the water sector would need to engage the this Committee has proposed in H.R. 3258 CFATS legislative proposal. states given their primary enforcement re- would subject drinking water facilities to a It is important to note that the Adminis- sponsibility for drinking water and waste- lower maximum penalty as compared to tration has developed a set of guiding prin- water regulations. chemical facilities regulated under H.R. 2868 ciples for the reauthorization of CFATS and DHS would be responsible for ensuring con- if enforcement is pursued through a civil for addressing the security of our Nation’s sistency of high-risk chemical facility secu- penalty action in district court. This could waste water and drinking water treatment rity across all 18 critical infrastructure sec- result in inconsistent enforcement between facilities. These principles are: tors. facilities. (1) The Administration supports perma- CFATS currently allows, but does not re- The Department notes that the Drinking nent chemical facility security authorities quire, high-risk facilities to evaluate trans- Water System Security Act of 2009 would and a detailed and deliberate process in so ferring to safer and more secure chemicals give the Administrator discretion in divulg- doing, hence our preference for that process and processes. Many facilities have already ing information about the reasons for plac- to be completed in FY10. made voluntary changes to, among other ing a facility in a given tier. This provision (2) Nonetheless, CFATS single year reau- things, their chemical holdings and distribu- is preferable to the provision in Title I of HR thorization in this session presents an oppor- tion practices (for example, completely 2868 which mandates that the Department tunity to promote the consideration and eliminating use of certain chemicals of in- disclose specific information to tiered facili- adoption of inherently safer technologies terest). The Administration supports, where ties that could include classified informa- (IST) among high-risk chemical facilities. possible, using safer technology, such as less tion. We look forward to working with this Com- toxic chemicals, to enhance the security of The Department also notes that HR 3258 mittee and others on this important matter. the nation’s high-risk chemical facilities. and HR 2868 contain provisions that require

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12411 covered facilities and government agencies security is one of the greatest vulnera- enacted a law that gave the Depart- to comply with all applicable state and Fed- bilities to our homeland security infra- ment of Homeland Security the author- eral laws and exclude from protection ‘‘infor- structure. Both sides admit to that ity to regulate chemical facilities. mation that is required to be made publicly You’re hearing a lot of talk today available under any law.’’ While the Depart- point. ment supports current requirements for fa- This bill reauthorizes the Depart- about inherently safer technologies, cilities to report certain information to Fed- ment of Homeland Security’s authority and I would like to get into that in just eral and state agencies under other statutes, to implement and enforce the Chemical a moment and what it means. I should DHS is concerned that this language as writ- Facility Anti-Terrorism Standards also point out as well that the State of ten could increase the likelihood that sen- which are currently set to expire in Oc- New Jersey does require IST assess- sitive information could be inappropriately tober of 2010. In fact, the bill strength- ments, but not implementation of IST, disclosed to the general public. The Depart- ment would like to work with the Com- ens these standards in a number of sig- which is quite different. We are going mittee to explore what other Federal stat- nificant ways. much further than the State of New utes and information might be affected by Now, let’s get to the meat and pota- Jersey in this legislation. this language in order to ensure that there toes of what we will be debating this It’s important to point out, too, that are no inconsistencies that could undermine afternoon—and getting the amend- I certainly support the Department’s the important goal of protecting sensitive ments whenever the heck that happens. efforts to secure chemical facilities, information from unwarranted disclosure, The State of New Jersey is home to but unfortunately, I think this legisla- while still protecting the public right-to- know about information that may affect the most dangerous 2 miles in Amer- tion is riddled with costly provisions public health and the environment, as em- ica—the FBI has pointed this out many that go beyond the underlying security bodied in these other statutes. We will also times—along the Jersey Turnpike. Be- purpose of the bill. consult with our partner agencies that ad- cause it is the most densely populated Currently, there are vulnerability as- minister the affected Federal statutes. State, with a very large chemical in- sessments that the Department must CONCLUSION dustry presence, I am proud to say that do under the current regulations. The Department is collaborating exten- the State has adopted some of the There are about 6,000 vulnerability as- sively with the public, including members of strongest chemical security standards sessments that must be done. So far, the chemical sector and other interested in the Nation, and it’s time the Federal 2,000 have been completed, leaving groups, to work toward achieving our collec- Government caught up. That is why I about 4,000 vulnerability assessments tive goals under the CFATS regulatory framework. In many cases, industry has vol- am surprised and deeply disappointed that remain. Adding these IST assess- untarily done a tremendous amount to en- that there are Members of this body ments will be enormously costly. sure the security and resiliency of its facili- who actually hope to strip the State I should also point out that the De- ties and systems. As we implement the preexemption language out of this bill. partment of Homeland Security has no chemical facility security regulations, we We need to raise Federal standards, as one on staff who is an expert in these will continue to work with industry, our we do in this bill, and not force States inherently safer technologies, so I other Federal partners, States, and localities to lower their standards. wanted to point that out for the record. to get the job done. We’ve had a lot of testimony, too, The Administration recognizes that fur- The Acting CHAIR (Mr. SERRANO). ther technical work to clarify policy posi- The time of the gentleman has expired. and I want to say something about in- tions regarding IST and water treatment fa- Mr. THOMPSON of Mississippi. Mr. herently safer technologies. Testimony cility security is required. The policy posi- Chairman, I yield the gentleman 1 ad- was referenced. There was a statement tions discussed above represent starting ditional minute. from a Scott Berger, who is a director points in renewed dialogue in these impor- Mr. PASCRELL. I am also very dis- for the Center for Chemical Process tant areas. DHS and EPA staff are ready to appointed that the chemical industry Safety. Mr. Berger is an expert in in- engage in technical discussions with Com- and Members of this body continue to herently safer technology and inher- mittee staff, affected stakeholders, and oth- ers to work out the remaining technical de- raise unnecessary fears about the in- ently safer design. And as the organiza- tails. We must focus our efforts on imple- herently safer technology assessments. tion that developed the most widely menting a risk-and performance-based ap- We have gone over this in testimony used reference addressing inherently proach to regulation and, in parallel fashion, since 2006. safer design, inherently safer processes, continue to pursue the voluntary programs The State of New Jersey has right- and lifecycle approach, they are the that have already resulted in considerable fully required chemical facilities to as- leaders. That was in his testimony. success. We look forward to collaborating sess for safer technology assessments, And he said, What is inherently safer with the Committee to ensure that the chemical security regulatory effort achieves and believe it or not, our State is not design, from his testimony back in success in reducing risk in the chemical sec- only safer for it, but the sky hasn’t June of 2006. He said, Inherently safer tor. In addition to our Federal Government fallen on the chemical companies in design is a concept related to the de- partners, success is dependent upon contin- New Jersey. The truth is that this bill sign and operation of chemical plants, ued cooperation with our industry and State is not only the best thing for our home- and the philosophy is generally appli- and local government partners as we move land security, but also the best thing cable to any technology. Inherently toward a more secure future. for the chemical industry, because as- safer design is not a specific tech- Thank you for holding this important hearing. I would be happy to respond to any suring safety and greater efficiencies is nology or set of tools and activities at questions you may have. a tremendous cost saver in the long this point in its development. It con- Mr. THOMPSON of Mississippi. Mr. run. tinues to evolve, and specific tools and Chairman, I now recognize a member of Mr. Chairman, this should be a bipar- techniques for application of inher- the committee, the gentleman from tisan issue. We say that protecting the ently safer design are in the early New Jersey (Mr. PASCRELL), for 2 min- American people is our number one pri- stages of development. And he goes on. utes. ority. Now is the moment to prove it. But essentially what he’s saying is Mr. PASCRELL. Mr. Chairman, I rise I urge bipartisan passage of this bill. inherently safer technology is a con- in strong support as an original co- Mr. DENT. Mr. Chairman, I appre- ceptual framework. It’s not a tech- sponsor of the Chemical Facility Anti- ciate this opportunity to address this nology; it’s an engineering process. Un- Terrorism Act of 2009. We must take legislation, and I want to thank Rank- fortunately, it seems that too many in extraordinary measures to defend ing Member KING for rubbing it in on Congress are trying to act as chief en- America. This is common sense. the Phillies. I know you’re very pleased gineers. We are essentially trying to I want to thank the chairman of about the Yankees, but at least the tell people how to produce certain Homeland Security for all of his work Phillies beat the Mets. That’s all I types of chemicals and what chemicals on the bill, as well as commending have to say today about that. So with to use. Chairman OBERSTAR and Chairman that, congratulations to the Yankees. These are very technical issues. It WAXMAN for coming together with one Again, this is a very important piece will be very costly to implement. It voice on this critical piece of legisla- of legislation, as we all know. I have will affect jobs in this country, and tion. very serious concerns about it for a with unemployment rates approaching It has to be clear to all of us that this number of reasons, but it should be re- 10 percent nationally, I am very con- bill is long overdue and that chemical membered that in 2006, we, Congress, cerned about the impact on this.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12412 CONGRESSIONAL RECORD — HOUSE November 5, 2009 I happen to represent a district, the help those facilities create the capac- with the other committees of jurisdic- 15th District of Pennsylvania. I have a ity to be secure. That’s all we’re doing. tion to promulgate this legislation. company called Air Products and Mr. Chairman, I yield 2 minutes to Mr. DENT. Mr. Chairman, may I in- Chemicals. About 4,000 people work the gentleman from Texas (Mr. AL quire as to how much time I have re- there. They spend their time designing GREEN), who is a member of the com- maining. and building chemical plants in this mittee. The Acting CHAIR. The gentleman country and throughout the world. Mr. AL GREEN of Texas. I thank from Pennsylvania has 4 minutes re- They know a bit about this. And I am Chairman THOMPSON for yielding me maining. The gentleman from Mis- extremely concerned that those types the time. sissippi has 5 minutes remaining. of jobs will be put at risk because these Mr. Chairman, I rarely use the per- Mr. DENT. Mr. Chairman, I yield 21⁄2 chemical plants will be built, but they sonal pronoun ‘‘I.’’ I don’t like using it minutes to the ranking member of the will not be built here. They will be because rarely do we accomplish things Committee on Agriculture, the distin- built elsewhere to produce the chemi- by ourselves; but to thank Chairman guished gentleman from Oklahoma cals that we need every day in our THOMPSON, it is appropriate that I use (Mr. LUCAS). lives. So that is something that I just this personal pronoun for he was the (Mr. LUCAS asked and was given per- feel we have to talk about. person who helped us to put a provision mission to revise and extend his re- Mr. PASCRELL. Will the gentleman into CFATS which deals with the ad- marks.) yield? ministration of facilities along ports. Mr. LUCAS. Mr. Chairman, I rise in Mr. DENT. I will yield briefly. In Houston, Texas, we have 25 miles of opposition to H.R. 2868, the so-called ports that we have to contend with. Chemical and Water Security Act of 1545 b Thank you, Mr. THOMPSON. Thank 2009. Mr. PASCRELL. My good friend from you, Mr. Chairman. It no longer surprises me that the the 15th District of Pennsylvania, Let me say this: proactive measures Democratic leadership is, once again, you’re not suggesting that each State can prevent reactive remediation. This racing to impose more government should decide for itself as to what the is a proactive measure that we are tak- mandates on our farmers, ranchers and standard for chemical security should ing to prevent having to do something small businesses without considering be, are you? that will help us after an event has oc- the economic impact of their actions. Mr. DENT. No curred, and it’s important to note that From cap-and-trade to food safety and Mr. PASCRELL. You’re not. Then this is not just about chemical facili- soon to health care, rushing ill-con- what are you suggesting? ties. ceived, ill-timed legislation through There are many people who would Mr. DENT. I am suggesting that we, Congress has shamefully become the say, Well, I don’t have a chemical facil- as a country, maintain the regulations. norm around here. ity in my neighborhood. It really Mr. PASCRELL. Which regulations? In renaming the bill the Chemical doesn’t concern me. It doesn’t impact Mr. DENT. Reclaiming my time, the Facility Anti-Terrorism Act to the me. ones that are currently in place. The Chemical and Water Security Act, I ap- You do have drinking water in your regulations that we just extended for 1 preciate that the authors of the bill at neighborhood, however. This legisla- year. least acknowledge that it has nothing tion deals with drinking water and About a month ago, when we passed to do with protecting our country from with wastewater treatment facilities. the Homeland Security Appropriations acts of terrorism but, rather, that it It is important that wastewater treat- Act, we extended the current regula- has everything to do with pacifying the ment facilities that are in every neigh- tions for 1 year. I think we should ex- extreme environmental lobby. borhood be properly secured, and it is tend them for another 2 years. Let Some have said that agriculture of utmost importance that drinking those regulations take effect. Let’s im- should not be concerned about this leg- water be secured. That’s what this plement them. We have agreement. islation. Well, if that were true, then a piece of legislation addresses as well. I There was a great deal of opposition to coalition of agriculture groups, which don’t want it said on my watch that we this legislation by farmers, manufac- includes the American Farm Bureau had an opportunity to take some pre- turers and others who are going to be Federation, would not be circulating a ventative measures and that we failed saddled with these costs. I have to letter to all Members of Congress urg- to do so such that somebody’s child, point this out: ing them to vote against it. somebody’s husband or wife, that Inherently safer technology deals Let me be clear: this bill will have a somebody was harmed when we had it with workplace safety issues and how deep and negative impact on the agri- you develop the product or the process. within our power to prevent it. This is good, sound legislation. It is a culture industry. It doesn’t deal with securing the Under the current regulatory frame- proactive approach to prevent us from plant—you know, hiring more guards work, which I would support to reau- having to take some sort of remedi- or building fortifications to secure a thorize, farmers would have an exten- ation after the fact. plant. That deals with safety as op- The Acting CHAIR. The time of the sion appropriate to the small risks posed to security. I want to make that gentleman has expired. they impose. Under those regulations, distinction because we all agree—you Mr. THOMPSON of Mississippi. Mr. chemical facilities are treated fairly and I agree—that we need to make sure Chairman, I yield 1 additional minute and work with the Department of that these plants are secure, but inher- to the gentleman. Homeland Security in a cooperative ently safer technology is really not Mr. AL GREEN of Texas. Finally, manner to enhance site security. about plant security, and I think we citizen lawsuits are appropriate be- This legislation destroys that rela- have to be clear about that. cause citizens are near the problem. tionship. This legislation contains ab- I reserve the balance of my time. They know what’s not going on. solutely no authority for the Secretary Mr. THOMPSON of Mississippi. Mr. Why can’t we put citizens in the loop of Homeland Security to grant exten- Chairman, before I yield to the gen- of protecting their communities? sions to farmers for the future. In fact, tleman from Texas, I would like to say Yes, people can sue, but there are under this bill, there is no authority that this is a security bill. A good secu- also means by which persons who sue for the Secretary to provide for the ap- rity bill makes all of us safe. What can be removed from the dockets of propriate risk-based treatment of we’re looking at now is an opportunity courts. Anybody can sue. You can walk farmers or any other disproportion- to go into facilities that don’t, in many into any court and sue right now for ately affected groups when it reissues instances, have security assessments. anything that you want. You don’t pre- its regulations. That’s not all. If we make security assessments, then vail just because you file a lawsuit. Manufacturers and suppliers of agri- we will identify those vulnerabilities Citizens can help us to help protect our cultural inputs, like fertilizers and pes- those facilities have and help them cor- communities by having this oppor- ticides, will also not be exempt from rect them. Bad people would love to get tunity to sue. the nonsecurity-related provisions of into facilities with vulnerabilities and It is a good piece of legislation, and I the bill. Such provisions will jeopardize do harm. What we’re trying to do is thank the chairman for his hard work the availability of those widely used

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12413 and lower-cost agricultural inputs that and report violations affecting the any real security benefit to the Amer- are essential for agriculture produc- safety and security of chemical facili- ican people. tion. ties. When it comes to the security of So, with that, I would like to submit In essence, this sets up a scenario our facilities, we should not leave our this letter for the RECORD from the where input supplies will be limited, first preventers at the door. We depend various organizations in opposition to where costs will skyrocket and where upon them to be competent, to be vigi- this legislation. Let’s let the current U.S. food security and the livelihoods lant, and to be proactive. We owe them regulations be implemented. Let’s ex- of our farmers will be threatened. the assurance that they will not be pe- tend them for that 1 year and beyond. Beyond devastating the agriculture nalized for doing their jobs properly. NOVEMBER 3, 2009. industry, this bill does not provide any That is why I am pleased that the bill Hon. NANCY PELOSI, additional security against acts of ter- also incorporates a provision that re- Speaker, House of Representatives, rorism, which is supposed to be its pur- quires the facility owners to certify in Washington, DC. pose. National security will actually be writing their knowledge of protections Hon. JOHN BOEHNER, compromised since provisions of the for whistleblowers. Republican Leader, House of Representatives, bill will allow citizen lawsuits in the So, Mr. Chairman, when we look at Washington, DC. national and homeland security arena. H.R. 2868, the answers are really clear. DEAR SPEAKER PELOSI AND REPUBLICAN The Acting CHAIR. The time of the All you have to look back at is the poi- LEADER BOEHNER: We write to you today to gentleman has expired. son gas leak of a Union Carbide plant express our opposition to H.R. 2868, the ‘‘Chemical Facility Anti-Terrorism Act of Mr. DENT. I yield the gentleman an in 1984 which killed 10,000 people in 72 2009’’ (CFATS). Despite the changes made to additional 30 seconds. hours, and that was an accident. Imag- this legislation in the Energy and Commerce Mr. LUCAS. Mr. Chairman, this is an ine the economic and strategic damage and Homeland Security Committees, we con- irresponsible and carelessly crafted that could be done to our country. tinue to oppose the bill due to the detri- piece of legislation that will impose Let’s talk about my district, the mental impact it will have on national secu- mandates on family farms, small busi- 37th. I am a proud Representative of rity and economic stability. nesses, hospitals, and universities. It the Joint Water Pollution Control Specifically, we strongly object to the In- expands the environmental legal Plant in Carson, California. That herently Safer Technology (IST) provisions framework under the guise of security; wastewater treatment plant switched of this legislation that would allow the De- and it fails to preserve, let alone ex- from using chlorine gas to liquid partment of Homeland Security (DHS) to mandate that businesses employ specific pand and protect, current security pro- bleach disinfection. We need to do this product substitutions and processes. These tections for our country. throughout the country, and this legis- provisions would be significantly detri- I urge my colleagues to oppose the lation will enable us to do that. mental to the progress of existing chemical bill. I applaud Chairman THOMPSON for his facility security regulations (the ‘‘CFATS’’ Mr. THOMPSON of Mississippi. Be- work and for working with our other program) and should not be included in this fore I recognize the gentlewoman from colleagues on the other committees. legislation. DHS should not be making engi- California, let me say that nothing in I urge my colleagues on the other neering or business decisions for chemical fa- this bill prevents the Secretary from side: we can’t wait. We can’t wait any- cilities around the country when it should be using her discretion in continuing the more because our constituents are in focused instead on making our country more secure and protecting it from terrorist exemption for farmers. I will put my danger. threats. Decisions on chemical substitutions credentials from agriculture up against The Acting CHAIR. The Chair will or changes in processes should be made by anyone’s in this body. I represent a note that the gentleman from Pennsyl- qualified professionals whose job it is to en- rural district. Nothing I would do in vania has 1 minute remaining, and the sure safety at our facilities. this body would harm agriculture, and gentleman from Mississippi has 2 min- Furthermore, forced chemical substi- I think if you check my voting record, utes remaining. tutions could simply transfer risk to other you will absolutely see that. Mr. DENT. Mr. Chairman, in conclu- points along the supply chain, failing to re- Also for the record, to the gentleman sion to this discussion, I must restate duce risk at all. Because chemical facilities from Oklahoma, let me say that, before my reasons for opposition to this bill. are custom-designed and constructed, such any of these things are done, the De- There is not one person in the De- mandates would also impose significant fi- nancial hardship on facilities struggling dur- partment has to see if it’s technically partment of Homeland Security who ing the current economic recession. Some of feasible; they have to see if it’s cost ef- has any expertise in inherently safer these forced changes are estimated to cost fective, and if it lowers the risk at the technology. They are not prepared to hundreds of millions of dollars per facility. facility. deal with this mandate. I am concerned Ultimately, many facilities would not be So all of those concerns you raise are that much of this bill is, in fact, not fo- able to bear this expense. justified, but they are addressed in the cusing on security at all but is, rather, Thank you for taking our concerns into ac- bill. So I would say that, between the focusing on Federal mandates that count as the Committee continues to con- time for general debate and when we may force our small businesses and sider the ‘‘Chemical Facility Anti-Terrorism start voting, if you would go back and farms to shed American jobs, further Act of 2009.’’ We stand ready to work with look at that, I think some of your con- harming our vulnerable economy. the Committee and Congress towards the im- plementation of a responsible chemical facil- cerns will be resolved. I have a letter here from 27 different ity security program. I yield 2 minutes to a member of the organizations, including the Chamber Sincerely, committee, the gentlewoman from of Commerce, the Farm Bureau and the Agricultural Retailers Association; California (Ms. RICHARDSON). Fertilizer Institute, which oppose the American Farm Bureau Federation; Ms. RICHARDSON. Mr. Chairman, I underlying legislation. They said: ‘‘We American Forest & Paper Association; rise today to express my strong support continue to oppose the bill due to the American Petroleum Institute; for the Chemical and Water Security detrimental impact it will have on na- American Trucking Associations; Act of 2009. tional security and economic sta- Chemical Producers and Distributors As- sociation; I would like to thank Chairman bility.’’ Consumer Specialty Products Associa- THOMPSON for his hard work in crafting A lot has been said about chemical tion; this vital piece of legislation. facilities, but this bill is not so much The Fertilizer Institute; I support this legislation because it about chemical facilities as it is about Institute of Makers of Explosives; will enhance the security of our Nation facilities with chemicals, and those fa- International Association of Refrigerated in terms of chemicals, drinking water, cilities include hospitals, colleges and Warehouses; and wastewater facilities. This legisla- universities, and 3,630 employers with International Liquid Terminals Associa- tion lessens the vulnerability of our fewer than 50 employees. These are the tion; most critical sectors, one of which I people who are going to be impacted, International Warehouse Logistics Asso- ciation; live in. and jobs will be lost. With unemploy- National Agricultural Aviation Associa- More specifically, I rise today to ment approaching 10 percent, I don’t tion; speak to a provision that I offered think now is the time to impose this National Association of Chemical Dis- which protects workers who identify kind of a mandate, which will not have tributors;

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12414 CONGRESSIONAL RECORD — HOUSE November 5, 2009 National Association of Manufacturers; The Chair recognizes the gentleman guage in this bill represents a true National Grange of the Order of Patrons from Massachusetts. compromise that the Energy and Com- of Husbandry; Mr. MARKEY of Massachusetts. Mr. merce Committee developed in close National Mining Association; Chairman, I yield myself such time as consultation with and using consider- National Oilseed Processors Association; able input from the American Chem- National Pest Management Association; I may consume. National Petrochemical and Refiners As- I rise in support of the Chemical and istry Council. Only the riskiest facili- sociation; Water Security Act, legislation that is ties would be subject to this provision. National Propane Gas Association; a product of about 9 months of effort The Department of Homeland Security North American Millers’ Association; by the House Energy and Commerce, puts the number at between 100 and 200 Petroleum Equipment Suppliers Associa- Homeland Security, and Transpor- out of a total of more than 6,000 regu- tion; tation and Infrastructure Committees. lated facilities. U.S. Chamber of Commerce. We’ve worked as partners towards the Under 3 percent of the chemical fa- Mr. Chairman, I yield back the bal- final construction of this legislation. cilities in our country would be cov- ance of my time. Now, I come from a district that was ered under this legislation, the most Mr. THOMPSON of Mississippi. Mr. home to some of the 9/11 terrorists be- dangerous, the most vulnerable, the Chairman, I yield 1 minute to a mem- fore they launched their attacks, be- most likely targets by al Qaeda in our ber of the committee, the gentlewoman fore they walked in our streets, scoped country. And we know that al Qaeda from Houston, Texas (Ms. JACKSON- out our airports, rehearsed their mis- has metastasized around the world. LEE). sion. The September 11th attacks dem- They are still trying to find the most vulnerable way that our country can be b 1600 onstrated that America’s very strengths, its technology, could be exploited, and it is our job to make Ms. JACKSON-LEE of Texas. I thank turned into weapons of mass destruc- sure that we pass the legislation that the chairman of the committee for his tion to be used against us. closes those vulnerabilities. leadership. Mohammed Atta and the other nine The American Chemistry Council and I’m pleased, as the Chair of the terrorists that hijacked those two the Society of Chemical Manufacturers and Affiliates have endorsed the citizen Transportation Security and Critical planes at Logan Airport on September enforcement provisions which were Infrastructure Protection Sub- 11th were roaming around my district added in the Energy and Environment committee, to rise to support this leg- for about a year trying to determine Subcommittee markup. These provi- islation and particularly highlight for how they could exploit deficiencies in sions remove all lawsuits against pri- my colleagues the importance of legis- technology. And when they found it, vate companies, a change that the lation and language that I put in the they struck. And more than 150 people Chamber of Commerce has also deemed bill in our subcommittee. One dealing were on those planes flying from Logan positive. The bill retains the ability for with whistleblower protections that re- towards New York City. It is some- quires the DHS Secretary to establish citizens to bring suit only against the thing that is etched forever in my Department of Homeland Security for and process and to accept information mind, and I am committed to ensuring from whistleblowers. We cannot be a failure to perform nondiscretionary du- that it is not repeated. ties and against Federal facilities for secure Nation if people don’t feel that Since 9/11, as a result of what hap- they have the ability to tell the truth. failure to comply with orders. It also pened on that day, we have enacted establishes a citizen petition process to I’m very pleased that language is in legislation to secure aviation, to secure the bill that reduces the consequence give citizens an official forum to report maritime, rail, mass transit, nuclear alleged security problems at private fa- of a terrorist attack by requiring the energy, and other sectors. But what we use of inherently safer technologies, cilities to the Department of Homeland have yet to do is act on comprehensive Security. which is crucial as we begin to look at legislation to secure the facilities that The legislation closes what both the chemical facilities and wastewater fa- make or store dangerous chemicals. In- Bush and Obama administrations have cilities. In addition, the aspect of the stead, we have relied on an incomplete called a ‘‘critical security gap’’ for citizen enforcement that allows a cit- and an adequate legislative rider that drinking water and wastewater facili- izen to file suit against the DHS, not was inserted into an appropriations bill ties that were exempted from the 2006 against a private company, that speaks in 2006 that amounted to little more law and the powers given to the De- to the issue of making sure that the than a long run-on sentence. partment of Homeland Security to Department of Homeland Security is in The chemical sector represents the close homeland security gaps that can compliance. best of American technological might. be exploited by al Qaeda. In this bill, Then, of course, I think it is impor- Its products help to purify our water; we grant the Environmental Protec- tant to note, as we look at background make the microchips used in our com- tion Agency authority to establish a checks, that we also are reminded of puters, cell phones, and military tech- parallel security program for the water people’s right to work. Title I requires nologies; refine our oil; grow our food. sector, consistent with the Bush and the Department of Homeland Security But these same chemicals could also be Obama administrations’ views that Secretary to issue regulations to re- turned into a weapon of mass destruc- EPA should be the lead regulator for quire tiered facilities to undertake tion, something we are reminded of these facilities. background checks for the safety of the just recently when we learned of a dis- Like the chemical facility language, American people. rupted terrorist plot to use hydrogen drinking and wastewater facilities that This is a legislative initiative that is peroxide purchased in Colorado for a use and store chemicals in amounts overdue. I ask my colleagues to sup- bomb planned to be detonated in New that could cause injury in the event of port this legislation. York. a release must assess whether they can Mr. THOMPSON of Mississippi. Mr. While the Department of Homeland switch to safer chemicals or processes Chair, I yield myself the balance of my Security has done an admirable job of and that these processes may be re- time. implementing the rather hastily craft- quired by State regulators only if, and As you’ve heard, Mr. Chair, this leg- ed legislative rider from 2006, the bill I repeat, only if they are economically islation before us today is critical to before us today closes the loopholes and technologically feasible and if the security of our Nation and is de- left open by that provision that could their adoption will not impair water serving of the full support of this be exploited by terrorists. quality. The Blue-Green coalition of House. The bill contains provisions that rep- environmental and labor organizations, With that, Mr. Chair, I yield back the resent more than 5 years of work on the Association of Metropolitan Water balance of my time. my part to ensure that facilities con- Agencies, whose member utilities pro- The Acting CHAIR. The gentleman taining toxic chemicals switch to safer vide safe drinking to more than 125 from Massachusetts (Mr. MARKEY) and processes or substances only when it is million Americans, and the Association the gentleman from Texas (Mr. BAR- technologically and economically fea- of California Water Agencies have all TON) each are recognized for 15 min- sible to do so. Terrorists cannot blow endorsed the drinking water title of utes. up what is no longer there. The lan- this bill.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12415 This legislation is a compromise. We lem is simply this: Protecting chemical ology seems to offer a quick return on engaged with all of the stakeholders facilities and drinking water systems a political investment. More to the and crafted language that addresses all from terrorist attacks should not be point about this being an environ- of the concerns. And it is notable that done under the umbrella of environ- mental bill is the fact that I am struck even the Chamber of Commerce has mental law. If it’s about stopping ter- by some of the key words used in the said that it ‘‘recognizes that several rorism, we ought to be talking about entire legislation to address terror pre- provisions have been reworked and computer security and fiscal security vention. For example, page 10, line 20 modified to address concerns raised by and prevention and terrorism tracking of the amendment in the nature of a the business community.’’ and all of the things that really make substitute—and I want to be very clear This, ladies and gentlemen of the these facilities safer against terrorism. about this—defines a ‘‘chemical facil- House, is still a glaring regulatory Instead, we’re debating something ity terrorist incident’’ as a ‘‘release of black hole that we must ensure is called IST, inherently safer tech- a substance of concern.’’ If you look up closed. We cannot allow al Qaeda to ex- nology, which is a chemical process, a the definition of ‘‘release,’’ starting on ploit this weakness that exists in the manufacturing process, so that you page 12, line 19, that mirrors the exact security that we place around the process the water, you process the language of the toxic waste cleanup chemical facilities in our country. We chemicals in a fashion that is safer law, which we call Superfund, right know that it is at or near the very top from an environmental standpoint or down to making its covered universe of of the al Qaeda target terrorist list. perhaps from a safety standpoint for ‘‘hazardous substances, pollutants, or This legislation closes that loophole. It the workers in the surrounding com- contaminants.’’ ensures that we are going to provide munity. Mr. Chair, this means that the De- the protection for the American public b 1615 partment of Homeland Security is now from that attack, which we know going to treat an environmental acci- somewhere in the world al Qaeda is Mr. Chair, that has nothing to do dent or an environmental cleanup as a planning if they can only find the way with protecting against terrorism. H.R. terrorist incident. Now, I don’t want to to exploit a weakness in our defense. 2868 goes beyond the reasonable re- imply that an environmental accident quirements that have been the core of Mr. Speaker, I reserve the balance of is not a serious issue that needs to be many Homeland Security programs for my time. dealt with seriously, but it’s not a ter- several sectors. Vulnerability assess- Mr. BARTON of Texas. Mr. Speaker, rorist attack if you have a spill of a ments, site security plans, emergency first, let me express my heartfelt con- toxic chemical at a chemical facility. response plans, these are real things dolences to my friend from Massachu- It’s an accident. It’s a problem. It that should be done and are being done setts on the Yankees’ ascendancy last needs to be dealt with. There are envi- to protect our chemical and water fa- night. I am one of many, many, many ronmental issues. But it is not a ter- people in this country who, while I’m cilities against terrorism, but we’re rorist incident. It is not a terrorist at- not a Red Sox fan, do not put me down substituting in this bill for this IST tack. But if this bill becomes law and in the Yankee Blue column. So maybe and these environmental requirements you have that type of an accident, it is my Rangers one of these days will that really have nothing to do with se- going to be a terrorist incident, and it come up and at least tussle with the curity. has to be considered by the Depart- Red Sox and the Yankees for the Amer- We have an existing security regime ment of Homeland Security. I think ican League pennant. in place for chemical facilities and Mr. Speaker, I rise in opposition to water systems, including a chemical that is ludicrous. I think it’s wrong. I this bill. Before I go into my prepared security program that the Congress think it is shortsighted, and I think it remarks, I think it’s educational to ex- passed 3 years ago, which is still in the is unnecessary. I’m an industrial engineer. I under- plain to the body what we’re actually process of being implemented by the marking up. Department of Homeland Security. My stand, to some extent, plant processes We had two bills that came out of the good friend from Massachusetts talked and chemical processes and things like Energy and Commerce Committee, and about how that was put into law back that. I think we’re very blessed in this I would assume out of the Homeland in 2006 and seemed to intimate that it country to have a robust chemical in- Security Committee that were marked was not thoughtfully done. I would as- dustry, much of which is located in the up and subject to debate. We had a bill sure my friend that it was very States of Texas and Louisiana on the in the Transportation Committee that, thoughtfully done. Texas and Louisiana gulf coast. If this from what I can tell, was never marked The Energy and Commerce Com- bill becomes law, my projection is that up, and we now have merged the two mittee at that time had primary juris- within 10 years or so, many of those fa- work products from Homeland Secu- diction, and my concern, as chairman cilities are going to be closed down and rity, the two work products from En- of the committee at that time, was inoperable, and tens of thousands of ergy and Commerce, and a work prod- that we really shouldn’t do something jobs are going to be lost because our uct from the Transportation Com- on an appropriations bill. We should do chemical industry is simply going to mittee that was never publicly marked it through the regular process. But be- move offshore. They’re not going to up and changed them in this bill and cause it came late in the year, we did stay under a legislative proposal that, then it’s going to be yet changed again yield to the appropriators and put it in on the surface of it, is almost impos- in the manager’s amendment in the na- the omnibus bill. But even doing that, sible to be implemented. ture of a substitute tomorrow so that we spent weeks debating and working I am not convinced that there is a the bill that we will actually be voting with the Homeland Security Com- single, true, security-enhancing thing on is a bill that has never seen the mittee and the stakeholders to come about the specific requirements in this light of day as a single bill. up with what, today, I think is a better bill, and I know for certain that we’re Now, on the surface all these bills, or process than what is in this bill. already making these facilities do this bill, this merged bill, should pass It is considered that the existing types of things under the EPA’s risk 435–0. The Chemical and Water Secu- chemical plant security program that assessment program and OSHA’s proc- rity Act sounds like something that’s a we already have is going to cost $18.5 ess safety management program that suspension calendar bill. The problem billion in public and private invest- this bill then doubles down on. is, Mr. Speaker, that the bill before us ment right now. The reasonable thing We have existing laws and existing has almost nothing to do with security to do, in my opinion, is to let that pro- processes to handle the issues these in the sense of protection against ter- gram be implemented before we scrap bills really do handle. The concept is rorism. It has everything to do with it with a totally new concept from this an engineering process philosophy. what I consider to be radical Congress. We need to know what the Congress has repeatedly heard expert environmentalism under the guise of deficiencies, if any, are in the existing testimony that the provisions in sec- homeland security. Let me elaborate program before we move to a brand tion 2111 of this bill are expensive, hard on that in the written remarks. new program and a brand new concept. to define because of significant tech- The approach in this legislation is This legislation refuses to honor nical challenges, and very tough, if not deeply flawed. The overreaching prob- common sense when simplistic ide- impossible, to enforce.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12416 CONGRESSIONAL RECORD — HOUSE November 5, 2009 Further, even if these problems did Mr. MARKEY of Massachusetts. Mr. water systems involve their workers in not exist, the Department of Homeland Chair, I yield 5 minutes to the chair- developing plans to address any vulner- Security does not even have the profes- man of the full committee, the gen- ability to terrorist attack. Not only sionals it needs to make informed deci- tleman from California (Mr. WAXMAN). are workers the first line of defense sions on how to operate the program or Mr. WAXMAN. Mr. Chairman, I rise against any attack, they would also be give guidance to those who have to im- in strong support of H.R. 2868, the the first injured in the event of a chem- plement the program. Let me repeat. Chemical and Water Security Act of ical release. That’s why this legislation This legislation is not directed at pre- 2009. This legislation resolves some im- is strongly supported by labor organi- venting terrorist attacks. It is, instead, portant unfinished business from 9/11. zations, including the United Steel- directed at setting up a regulatory re- We learned on that terrible day how de- workers, United Auto Workers, Com- gime under which the Department of termined terrorists can turn our crit- munications Workers of America, and Homeland Security and EPA employ- ical assets into weapons of mass de- the International Chemical Workers ees, who really don’t know much about struction. Despite that wake-up call, Union Council. production processes at the Nation’s we’ve been slow and inconsistent in se- And finally, this bill improves cur- chemical and drinking water facilities, curing our Nation’s chemical facilities rent law by creating a citizen enforce- are going to force and have to make and water systems from terrorist at- ment tool that citizens can use to pro- key technical decisions—not security tack. Passing this legislation will en- tect their communities when DHS fails decisions—technical, manufacturing, hance our Homeland Security, improve to perform its nondiscretionary duties. process decisions about those proc- the safety of our workforce, and help It also allows States to take additional esses. protect our public health. action to protect their communities As if this were not enough, the legis- First, the bill strengthens security at from terrorists if they find it to be nec- lation weakens the protections tradi- America’s chemical plants by pro- essary. tionally given to high-risk security in- viding permanent authority for the De- This bill is the product of careful formation by treating need-to-know in- partment of Homeland Security’s compromise, and it was drafted in close formation like environmental right-to- chemical facility antiterrorism stand- consultation with key stakeholders know data. I am for transparency in ard program. This legislation would es- from government, the chemical indus- government, but why should we give tablish a number of security enhance- try, the water utilities, labor and other the terrorists that we’re trying to pre- ments, including requiring, for the groups. That’s why it has been en- vent from attacking these facilities al- very first time, that covered chemical dorsed by a broad coalition of labor and most an open book to go in and, under facilities assess whether there are any environmental organizations in addi- those open meeting requirements and safer chemical processes or tech- tion to many water industry associa- open record requirements, get informa- nologies that they can adopt that tions. I am proud of the balance we tion that could allow them to concoct would reduce the consequences of a ter- have struck. schemes to destroy those various facili- rorist attack against that facility. This I urge all Members to support H.R. ties? bill would also authorize the Secretary 2868 to close these critical security These provisions are not just trou- of Homeland Security, under certain gaps once and for all. bling to me because this legislation circumstances, to require that the I rise in strong support of H.R. 2868, ‘‘The will allow for more information, iron- riskiest chemical facilities adopt the Chemical and Water Security Act of 2009.’’ ically, to be made publicly through safer chemical processes or tech- This legislation resolves some important un- litigation but, more so, because it’s nologies when necessary to reduce the finished business from 9/11. We learned on going to be very hard to penalize peo- likelihood that the facility will be at- that terrible day how determined terrorists can ple that reveal this information to the tacked. turn our critical assets into weapons of mass public. As one of my Democrat friends The bill also provides chemical facili- destruction. Despite that wake-up call, we’ve said in the committee markup in the ties with an appeals process if they dis- been slow and inconsistent in securing our na- Energy and Commerce Committee, agree with the DHS Secretary’s deter- tion’s chemical facilities and water systems ‘‘Loose lips sink ships,’’ and there are mination. We crafted this provision in from terrorist attack. Passing this legislation few repercussions under this bill for close consultation with considerable will enhance our homeland security, improve somebody with loose lips. input from the largest chemical indus- the safety of our workforce, and help protect I could go on and on, Mr. Chairman, try association, the American Chem- our public health. but let me simply say, this is a bad bill istry Council. First, the bill strengthens security at Amer- at the wrong time. It’s unnecessary. I Second, the bill establishes minimum ica’s chemical plants by providing permanent hope that we can have a bipartisan security standards at drinking water authority for the Department of Homeland Se- vote against it, and I hope that we can and wastewater facilities, closing what curity’s Chemical Facility Anti-Terrorism Stand- defeat it. the Bush and Obama administrations ards program. This legislation would establish I do want to say one good thing about agree is a critical security gap. Under a number of security enhancements including the process. Mr. WAXMAN and Mr. MAR- this bill, for the first time, covered requiring for the first time that covered chem- KEY did have a subcommittee markup. water systems that use a certain ical facilities assess whether there are any They did have a full committee mark- amount of dangerous chemicals will safer chemicals, processes, or technologies up, and a number of amendments have have to assess whether they can switch that they can adopt which would reduce the been made in order by the Rules Com- to safer chemicals or processes to pro- consequences of a terrorist attack against the mittee for the minority to try to im- tect their employees, their neighbors, facility. This bill will also authorize the Sec- prove the bill, and for that, I am and the communities they serve. retary of Homeland Security, under certain cir- thankful. We worked closely with the water cumstances, to require the riskiest chemical Mr. Chair, I ask unanimous consent sector to craft a bill that meets several facilities to adopt the safer chemicals, proc- to yield the balance of my time to my important policy goals—clean and safe esses, or technologies when necessary to re- good friend from Florida (Mr. STEARNS) water and homeland security. I am duce the likelihood that the facility will be at- to control. pleased that the associations rep- tacked. The Acting CHAIR (Mr. TIERNEY). resenting drinking water and waste- The bill also provides chemical facilities with The gentleman from Florida will be water utilities have endorsed the bill. an appeals process if they disagree with the recognized in that event. These endorsing associations include DHS Secretary’s determination. We crafted Mr. MARKEY of Massachusetts. Mr. the Association of Metropolitan Water this provision in close consultation, and with Chair, will you inform us as to how Agencies, the American Public Works considerable input from, the largest chemical much time is remaining on either side. Association, the National Association industry association, the American Chemistry The Acting CHAIR. The gentleman of Clean Water Agencies, and the Asso- Council. from Massachusetts (Mr. MARKEY) has ciation of California Water Agencies. Second, the bill establishes minimum secu- 7 minutes remaining, and the gen- Third, this bill gives chemical facil- rity standards at drinking water and waste- tleman from Texas (Mr. BARTON) has 3 ity workers much-needed protection by water facilities, closing what both the Bush minutes remaining. ensuring that chemical facilities and and Obama Administrations agree is a ‘‘critical

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 9920 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12417 security gap.’’ Under this bill, for the first time, nal penalties even if that information is also b 1630 covered water systems that use a certain contained in a document such as a security Mr. STEARNS. All right, then, so we amount of dangerous chemicals will have to vulnerability assessment that is protected are stuck with just 3 minutes. assess whether they can switch to safer under the rules established by Secretary of Is it possible, Mr. Chairman, by chemicals or processes, to protect their em- Homeland Security and the EPA Adminis- unanimous consent that we can extend ployees, their neighbors, and the community trator. our time beyond the 3 minutes? they serve. DRINKING WATER FACILITIES AND SITE SECURITY PLANS The Acting CHAIR. It is not possible We worked closely with the water sector to The Committee on Energy and Commerce in the Committee of the Whole. craft a bill that meets several important policy reported H.R. 3258 favorably on October 21, Mr. STEARNS. Parliamentary in- goals—clean and safe water and homeland 2009. H.R. 3258, now Title II of H.R. 2868, re- quiry, Mr. Chairman. If Mr. DENT security. I’m pleased that associations rep- quires each covered water system to assess shows up on the House floor and he resenting drinking water and wastewater utili- the system’s vulnerability to a range of inten- makes a request to give us his 15 min- ties have endorsed the bill. These endorsing tional acts. The vulnerability assessment must utes, do we need a unanimous consent? associations include: The Association of Met- include a review of vulnerable assets within Or I will stand in and manage the time ropolitan Water Agencies; The American Pub- the fenceline of the system, such as water for him and then we will have 15 more lic Works Association; The National Associa- treatment and pre-treatment facilities and minutes that we can use for these indi- tion of Clean Water Agencies; and The Asso- chemical storage units, as well as the off-site viduals who are going to be affected by ciation of California Water Agencies. water distribution system. Each covered water this bill? Third, this bill gives chemical facility workers system also must complete a site security plan The Acting CHAIR. The Committee much-needed protection, by ensuring that that addresses the vulnerabilities identified in of the Whole cannot change the scheme chemical facilities and water systems involve the assessment. With regard to the on-site of control of debate. The gentleman vulnerabilities, the Committee intends for each their workers in developing plans to address from Pennsylvania (Mr. DENT) could any vulnerability to terrorist attack. Not only covered water system to develop a site secu- manage the time. are workers the first line of defense against rity plan that addresses those vulnerabilities Mr. STEARNS. If Mr. DENT comes any attack, they also would be the first injured using layered security measures to meet risk- down, he can manage the time. in the event of a chemical release. That’s why based performance standards developed by The Acting CHAIR. A member of the this legislation is strongly supported by labor EPA. appropriate committee could manage With regard to any off-site vulnerabilities organizations, including: The United Steel- the time. workers; The United Auto Workers; The Com- identified by the covered water system, the Mr. STEARNS. Well, just to be care- Committee expects EPA to recognize that it munications Workers of America; and The ful here, I think what I am going to do would be impractical for the covered water International Chemical Workers Union Council. is I am going to take a minute, and system to guarantee the physical protection of And finally, this bill improves current law by hopefully Mr. DENT will show up and the system’s entire network of pipes, convey- creating a citizen enforcement tool that citi- then we can have that extra time for ances, and other usage points that comprise zens can use to protect their community when us. its distribution system. For example, it would DHS fails to perform its nondiscretionary du- The Acting CHAIR. As a clarification be impracticable for the covered water system ties. It also allows states to take additional ac- to the gentleman from Florida, the to control access to all fire hydrants or resi- tion to protect their communities from terrorists gentleman from Pennsylvania would dential connections within its distribution sys- if they find it to be necessary. have to be on the Transportation and tem or all pipes that deliver its water. Similarly, This bill is the product of careful com- Infrastructure Committee to be recog- promise, and was drafted in close consultation the Committee does not expect for the cov- ered water system to describe employees’ nize to control the time. with key stakeholders from government, the Mr. STEARNS. He is coming. In fact, roles and responsibilities for securing the dis- chemical industry, the water utilities, labor and he might be on the floor as I speak. tribution system beyond the fenceline of the other groups. That’s why it has been endorsed The Acting CHAIR. The gentleman system as part of its site security plan, unless by a broad coalition of labor and environ- from Florida is recognized for such the system has assigned one or more employ- mental organizations in addition to many water time as he may use. ees such responsibilities. The covered water industry associations. I am proud of the bal- Mr. STEARNS. Mr. Chairman, at a system, however, may use funds granted by ance we have struck. I urge all Members to time when the U.S. Bureau of Labor EPA to address off-site vulnerabilities, such as support H.R. 2868 to close these critical secu- Statistics cites a 16 percent decline in tamper-proofing of manhole covers, fire hy- rity gaps once and for all. chemical manufacturing jobs, this drants, and valve boxes. Finally, I’d like to highlight two aspects of Mr. STEARNS. Mr. Chair, may I in- Chemical Facility Anti-Terrorism Act the bill. quire how much time is left on our side would force people out of work by im- INFORMATION PROTECTION of the aisle? posing needless and harmful regula- Each title of H.R. 2868 contains a section The Acting CHAIR. The gentleman tions on American industries by mak- related to the protection of sensitive security from Florida has 3 minutes. ing the production, use and storage of information that could be detrimental to facility PARLIAMENTARY INQUIRIES chemicals more expensive and burden- security if disclosed. The bill requires the Sec- Mr. STEARNS. Parliamentary in- some with little benefit to public safe- retary of Homeland Security and the EPA Ad- quiry, Mr. Chairman. ty or national security. ministrator to develop rules for the appropriate We understand that the Transpor- Absent Federal preemption and a sharing of protected information with those tation Committee under Mr. DENT has uniform national standard, this legisla- who have a need to know it. The bill also es- extra time and that could be allotted, tion will create overlapping and con- tablishes criminal penalties for any person if he’s not using it, to our side to use flicting security requirements that who discloses this protected information in it. Is that possible by unanimous con- could cause disruption of Federal secu- knowing violation of the rules. sent that we could take his 15 minutes? rity standards, increase government The bill defines the types of information that We have some Members who actually red tape, and create more economic in- is considered ‘‘protected’’ as well as the types are going to be affected by this bill, stability. This legislation will also im- of information that the bill’s sponsors intended and they’re going to lose jobs in their pose new mandates on American manu- to exclude from that definition. The bill states districts. They’re quite passionate facturers as to which products and that protected information does not include about this bill, and I would like to give processes they use without any regard ‘‘information that is required to be made pub- them more than the 3 minutes that is for practicality, availability or cost. licly available under any other provision of available. So I am asking unanimous I, along with undoubtedly every law.’’ Laws such as the Clean Air Act, the consent if it’s appropriate to do that. Member of this body, believe that se- Emergency Planning and Community Right to The Acting CHAIR. The Committee curing chemical facilities against de- Know Act or the Occupational Safety and of the Whole may not change the liberate attacks is crucial to pro- Health Act require disclosure of important scheme of debate established by an tecting Americans, which is why, since safety information to regulators, workers and order of the House. A member of the 2006, clear and comprehensive chemical often the public at large. An individual who Committee on Transportation and In- security regulations have been put in discloses information in compliance with one frastructure would have to manage place. Removing the sunset date and of these other statutes should not face crimi- that debate. making the current chemical security

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12418 CONGRESSIONAL RECORD — HOUSE November 5, 2009 regulations permanent would provide tional bleach manufacturers, who may argue Chemical facilities have already invested the certainty needed to both protect that the cost for them is too high to shift to a nearly $8 billion in security improvements citizens and support our Nation’s eco- safer process. since 2001 and are fully complying with DHS’ nomic recovery. For this reason, I believe that we must look Chemical Facilities Antiterrorism Standards, or I encourage all my colleagues to join at the entire supply chain and the procurement CFATS, which are not yet fully implemented. me in strong opposition to this detri- process as we work to eliminate or mitigate These dedicated chemical employees, as mental bill. the consequences of a terrorist attack. In well as the communities that surround these With that, Mr. Chairman, I reserve order to fully achieve Congress’ intent in pass- facilities, deserve the best security standards the balance of my time. ing this bill, the Environmental Protection possible to prevent another unthinkable act of Mr. MARKEY of Massachusetts. Mr. Agency and Department of Homeland Security terrorism on U.S. soil. Chairman, I yield for the purpose of a should work together to evaluate this problem As introduced, I had several concerns with unanimous consent request to the gen- and develop a policy that will lead to safer util- H.R. 2868 that were mostly addressed in the tleman from California (Mr. MILLER). ities and communities by reducing the haz- final bill by working with Chairman HENRY (Mr. GEORGE MILLER of California ardous transport of chlorine. WAXMAN, Subcommittee Chairman ED MAR- asked and was given permission to re- Once again, I appreciate the work of Chair- KEY, and industry and labor representatives. vise and extend his remarks.) man WAXMAN, Chairman OBERSTAR and Chair- First, granting the DHS Secretary authority Mr. GEORGE MILLER of California. man THOMPSON on this bill and I look forward to mandate a facility to perform a ‘‘method to Mr. Chairman, I rise in strong support to working with them and the industry as we reduce a consequence of a terrorist attack’’— of the Chemical Facility Anti-Ter- go forward to help reduce the risks associated or IST—raises questions as to whether, or rorism Act. with the transportation of chlorine across our how, to involve government agencies like DHS Mr. Chairman, I would like to thank my country. that have few, if any, process safety experts, friend from California, Chairman WAXMAN, my Mr. MARKEY of Massachusetts. Mr. chemical engineers and other qualified staff. friend from Minnesota, Chairman OBERSTAR, Chairman, I yield 11⁄2 minutes to the We worked to include a fair and transparent and my friend from Mississippi, Chairman gentleman from Texas (Mr. GENE technical appeals process in H.R. 2868 that THOMPSON, for their work in bringing the GREEN). requires DHS to examine such decisions with Chemical Facility Anti-Terrorism Act to the Mr. GENE GREEN of Texas. I thank facility representatives as well as with experts House floor. They deserve great credit for my colleague. knowledgeable in the fields of process safety, crafting legislation to improve security at facili- First of all, I rise in strong support of engineering, and chemistry. ties around the country. H.R. 2868. I represent the largest petro- In addition, the scope of affected facilities One particular concern that this legislation chemical complex in the country. nationwide potentially subject to IST require- can help address is the risk posed by bulk These chemical facilities contribute ments was substantially reduced by focusing quantities of chlorine—one of the most power- much to our economy and way of life exclusively on chemical facilities in populated ful disinfectants available, but a potentially and the employ thousands of workers areas subject to a release threat, and DHS dangerous chemical when transported by rail in high-paying, quality jobs. may not mandate IST if it were not feasible or through our neighborhoods en route to waste- These chemical facilities have in- if the facility would no longer be able to con- water and drinking water utilities and the con- vested $8 billion in security improve- tinue operations at its location. ventional bleach producers that often supply ments since 2001 and are fully com- Second, H.R. 2868 as introduced created them. plying with DHS’ Chemical Facilities unnecessary duplication with existing regula- Federal estimates are that a release of chlo- Antiterrorism Standards, or CFATS, tions for chemical facilities already regulated rine from just one of the 36,000 annual rail car that has not been fully implemented. under the Maritime Transportation Security shipments could result in up to 100,000 cas- These dedicated chemical employees, Act, or MTSA. ualties. Many water utilities are shifting to as well as the communities around We worked with the Chairmen to include bleach, which is as effective as a disinfectant them, deserve the best security stand- new language to clarify that the Coast Guard but less dangerous to ship, store, and use. ards possible to prevent another un- will be the main entity enforcing the require- However, bleach made using conventional thinkable act of terrorism on U.S. soil. ments of this act for MTSA facilities; provide manufacturing process also relies on chlorine When this bill was originally intro- an explicit consultative role for the Coast shipped by rail. duced, I had some concerns about it. Guard if the DHS Secretary considers man- I am pleased to have learned that there is Working with both Chairman WAXMAN dating IST on a MTSA facility; ensure MTSA a safer alternative, the use of which I believe and Subcommittee Chairman EDDIE facilities would not have to perform additional should be greatly expanded. That alternative MARKEY along with industry and labor background security requirements under is bleach made using only salt, water, and officials, we made a number of changes CFATS; and identify the TWIC credential as electricity, eliminating the need to ship chlorine in here and I would like to summarize being able to satisfy the CFATS requirements across the country. This safer bleach is just as some of them. in the bill. effective as conventional bleach and can be We worked with the Chair to include Third, workers were not afforded a robust produced at costs competitive with the cost of new language to clarify that the Coast redress process in the case of any adverse conventional bleach. Guard would be the main entity enforc- decisions made due to the personnel surety This technology is being implemented at lo- ing the requirements similar to the requirements in the legislation. cations around the country, including in Flor- maritime security facilities; provide an We worked to include a ‘‘Reconsideration ida, Ohio, Virginia, and in my congressional explicit consultative role for the Coast Process’’ by which workers could petition DHS district in Pittsburg, California. Also, Clorox Guard if the DHS Secretary considers to make a determination as to whether the Corporation just this week announced plans to IST for a maritime security facility; worker poses an actual terrorist security risk, shift all of their bleach plants to use a method ensure maritime security facilities as well as included annual reports to Con- that would eliminate the transport of chlorine would not perform additional back- gress assessing much needed background by railcar to its facilities across the country. ground security requirements other check and redress process data. The elimination of chlorine transport by rail is than under CFATS; and identify the Fourth, the civil suit provisions could have welcomed by security advocates and the rail- TWIC credential that is being used to unnecessarily disclosed sensitive security in- roads that bear the liability risk from trans- satisfy CFATS would also satisfy this formation for facilities. porting chlorine. bill. That’s what’s so important. Revised language was included to permit af- H.R. 2868 calls for identification of chemi- Mr. Chair, I rise today in support of H.R. fected citizens the ability to compel agency ac- cals of concern and the use of inherently safer 2868, the Chemical and Water Security Act, a tion on CFATS and provide an avenue for citi- technology by the highest risk water utilities. bill to protect chemical facilities and drinking zens to report facilities in potential violation of Clearly, chlorine is one of these chemicals of water and wastewater systems across the the bill’s requirements while safeguarding sen- concern—perhaps more than any other chem- country. sitive information. No private right of action is ical used by water utilities. The Houston Ship Channel I represent is permitted against private companies. However, simply changing from chlorine to home to the largest petrochemical complex in Finally, the original bill failed to streamline bleach as a disinfectant may not solve the the country. These chemical facilities con- the regulation of both drinking water and problem. tribute much to our economy and way of life wastewater facilities and lacked an appeals Chlorine railcars could continue to pass and employ thousands of workers in high-pay- process for water systems subjected to IST through neighborhoods to the nearby conven- ing, quality jobs. decisions.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12419 H.R. 2868 now places EPA in charge of Mr. MARKEY of Massachusetts. I major pumping stations, 600,000 miles regulating both drinking water and wastewater yield myself the balance of my time. of sanitary sewers, and another 200,000 facilities and includes an appeals process for Mr. Chairman, I want to thank miles of storm sewers. Taken together, water systems to ensure a fair and open hear- Michal Freedhoff from my staff; and these systems represent the backbone ing on any IST decisions made by the State Alison Cassady, David Leviss, Jac- of the Nation’s primary sewage treat- or EPA. queline Cohen, Phil Barnett, Greg ment capacity, as well as an extensive H.R. 2868 is far from perfect, but it includes Dotson, Kristin Amerling, Peter network that runs near or beneath key substantial compromises to permanently ex- Ketcham-Caldwill and Melissa buildings and roads and alongside tend chemical and water security regulations Cheatham from Chairman WAXMAN’s many critical communication and while reducing duplicative regulatory stand- staff. I would also like to thank Chris transportation networks. ards, increasing worker protections, and pro- Debosier of Mr. MELANCON’s staff and Significant damage to the Nation’s viding important safeguards to chemical facili- Derrick Ramos from Mr. GREEN’s staff. wastewater treatment facilities or col- ties and water systems. This is not an environmental bill. lection systems could result in the loss I want to again thank Chairman WAXMAN This is not a bill banning chemicals. of life, catastrophic environmental and Subcommittee Chairman MARKEY for This is a bill about national security, damage to rivers, lakes and wetlands, working with me and other Members to im- to make sure that al Qaeda cannot contamination of drinking water sup- prove this legislation. turn a chemical facility in our country plies, long-term public health impacts, The Acting CHAIR. The gentleman into a weapon of mass destruction in destruction of fish and shellfish pro- from Florida has 11⁄2 minutes remain- some hometown in our country. That is ing. duction areas, and disruption to com- Mr. STEARNS. With that, I yield what this bill is all about. merce, the economy and the Nation’s that time to the gentleman from Cali- I urge an ‘‘aye’’ vote. way of life. The Acting CHAIR. The gentlewoman fornia (Mr. RADANOVICH). In the same light, certain wastewater The Acting CHAIR. The gentleman from Texas (Ms. EDDIE BERNICE JOHN- treatment works throughout the SON) will be recognized for 15 minutes from California is recognized for 11⁄2 United States use chemicals in their minutes. and the gentleman from Pennsylvania disinfectant process, such as chlorine Mr. RADANOVICH. I realize that my (Mr. DENT) will be recognized for 15 gas, that pose a threat to public health friends in the majority like to trumpet minutes. if improperly released into the environ- the support of the drinking water title The Chair recognizes the gentle- ment. of the bill by the American Municipal woman from Texas. Title III of this bill, the Wastewater Water Association, yet I want to pro- Ms. EDDIE BERNICE JOHNSON of Treatment Works Security Act, en- vide my colleagues with the rest of the Texas. Mr. Chairman, I yield myself as sures that all large- and medium-sized story. much time as I may consume. wastewater treatment facilities—those The AMWA is just a sliver of the reg- I rise in support of H.R. 2868, the that treat at least 2.5 million gallons of ulated universe covered by this bill. Chemical and Water Security Act of sewage per day—perform a nationally There are three other groups that are 2009. consistent threshold security assess- much larger in terms of the number of I join my chairman, Mr. OBERSTAR, ment and take proactive steps to re- facilities and people served. in thanking the chairman of the Com- duce their overall vulnerability. While the AMWA members claim to mittee on Homeland Security and the According to EPA, the provisions of serve 125 million Americans, the Amer- chairman of the Committee on Energy title III of this act should cover ap- ican Water Works Association serves and Commerce for including an amend- proximately 17 percent of the 16,000 180 million customers and 4,700 utili- ed text of my bill, H.R. 2883, the Waste- publicly owned treatment works in this ties. The National Association of Water water Treatment Works Security Act country, yet addresses an estimated 70 Companies, or the NAWC, represents 22 of 2009, as title III in H.R. 2868. percent of the population served by million customers, and the National Enactment of the Wastewater Treat- municipal wastewater treatment. Rural Water Association represents ment Works Security Act, in concert For those facilities that possess suffi- 25,000 utilities. None of these associa- with the underlying language produced cient quantities of potentially dan- tions has proclaimed their support for by the Committees on Homeland Secu- gerous chemicals, such as chlorine gas, this entire bill. rity and Energy and Commerce, will this legislation requires an assessment In my own State, the town of Mo- preserve the historical relationship be- of whether inherently safer tech- desto, and the Modesto Irrigation Dis- tween wastewater utility operators and nologies can be implemented to reduce trict, an AWWA member contacted me the Environmental Protection Agency the overall risk posed by the facility. to express its concerns about the cit- in meeting both the security enhance- Yet while it is appropriate that we izen suit provisions and the weak infor- ments called for in this measure as take action to improve the overall mation protection and penalty provi- well as the goals and purposes of the safety and security of our Nation’s sions in this bill. They were also very Clean Water Act. wastewater treatment facilities, we concerned about the expense of the In the wake of September 11, 2001, mandates that would be placed on must also be aware of the unique role our Nation has learned the importance them by this legislation. and public service played by our water I want to remind my colleagues that of protection of our critical infrastruc- and wastewater utilities. drinking water treatment can be com- ture. In the weeks following 9/11, the Unlike typical chemical manufac- plex and is closely constrained by Safe Committee on Transportation and In- turing facilities, water and wastewater Water Drinking Act regulations, pro- frastructure held several hearings on facilities must remain in constant op- duction demands and customer afford- the overall vulnerability of infrastruc- eration and cannot simply be turned ability. Evaluating changes to water ture to terrorist attack, including the off. treatment must be thoughtful, must be vulnerability of the Nation’s waste- Mr. Chairman, a majority of the Na- technically transparent and fully con- water utilities. tion’s wastewater is treated by pub- sider all the alternatives available to Since these hearings, the position of licly owned treatment works. Dis- the water system, as set out by the sys- our committee, both under Democratic charges from these facilities, more tem operators and local officials, not and Republican majorities, has been commonly known as sewage treatment some bureaucrat who is unsure what consistent. We must strive to reduce plants, are typically subject to regula- they are doing. the vulnerability of wastewater infra- tion under the National Pollutant Dis- I would have hoped that a problem- structure and to minimize the poten- charge Elimination System program, solving rather than politically moti- tial adverse impact to human health, established under the Clean Water Act. vated bill would be before us to address critical infrastructure and the environ- Today, all but five States have re- this matter. Because there isn’t, I urge ment that could occur from an inten- ceived EPA approval to manage their defeat of this bill. tional act. point-source discharge programs. How- The Acting CHAIR. The gentleman According to EPA, there are over ever, whether it is an approved State from Massachusetts has 30 seconds re- 16,000 publicly owned treatment works or EPA, the appropriate permitting au- maining. in the United States as well as 100,000 thority is responsible for establishing

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12420 CONGRESSIONAL RECORD — HOUSE November 5, 2009 designated uses for waters and for es- from chlorine gas to the other inher- United States. And one of our biggest tablishing water quality criteria suffi- ently safer product was important concerns in this legislation, you will cient to protect those uses. enough to protect Members of Con- find it buried on page 95. The permitting authority then issues gress, it should be equally as important ‘‘The Environmental Protection Clean Water Act permits for facilities, to protect our families throughout the Agency Administrator,’’ I am quoting such as sewage treatment plants, that United States. directly from the bill, ‘‘may designate limit the amount of pollution they This legislation has been endorsed by any chemical substance as a substance may legally discharge in order to meet the leading wastewater utility organi- of concern and shall establish a thresh- the established water quality criteria zations, including the National Asso- old quantity for the release of the sub- and the uses. ciation of Clean Water Agencies, the stance, and if that substance has any During formulation of the Chemical California Department of Sanitation serious adverse effect on the environ- and Water Security Act of 2009, the Agencies, and the American Public ment, the EPA administrator can shut Committee on Transportation and In- Works Association. it down.’’ frastructure worked with the Commit- I support the passage of this legisla- This is not a safety provision for pro- tees on Homeland Security and Energy tion. tecting us against terrorist attacks. and Commerce to ensure that the secu- I reserve the balance of my time. This is a straightforward environ- rity-related requirements of this bill Mr. DENT. Mr. Chairman, I rise in mentalist piece of legislation designed not negatively impact the ability of opposition to this legislation. Our side to give the EPA authority that they do wastewater treatment facilities to of the aisle is going to focus on the im- not currently have. meet their clean water obligations. pact on jobs. This legislation is dev- This chart shows the Houston ship Equally as important, this bill pre- astating to jobs in this country, and we channel, which my friend GENE GREEN serves the historic oversight of EPA will get into that in just a moment. represents. There are tens of thousands and approved States in implementation Mr. Chairman, I yield 4 minutes to of jobs that are reliant on the petro- of the security-related requirements of the gentleman from Houston, Texas chemical refining industry along the this legislation. (Mr. CULBERSON). Houston ship channel. Mr. Chairman, I have heard that this Mr. CULBERSON. I appreciate the This map shows southwest Louisiana legislation will place an unnecessary time. and southeast Texas between Baton financial burden on local governments We in the fiscally conservative mi- Rouge and Corpus Christi, Texas. Al- or ratepayers, or that the inherently nority, Mr. Chairman, are focused on most half of the Nation’s petro- safer technologies called for in this leg- jobs. Every day that we are here, we chemical refining capacity is con- islation cannot be implemented. are working to make sure we protect centrated in southwest Louisiana and To answer this first concern, title III job growth in this Nation, and we have southeast Texas. They are doing a far authorizes $1 billion over 5 years in correctly identified this bill as a job- better job today in protecting the envi- grants to publicly owned treatment killing bill. And the reason is very ronment and in protecting against ter- works to carry out the requirements of straightforward. Just let me walk you rorist attacks. We have already got the title. State and local governments through it. legislation on the books that Mr. BAR- would be eligible for up to 75 percent of In Texas alone, we have 470,000 jobs TON mentioned that is costing about the costs to carry out vulnerability as- either directly or indirectly related to $18 billion to implement to protect sessments, site security and emergency the petrochemical refining industry. In against terrorist attacks. response plans, and to implement Louisiana next door, they have got I would ask the majority, it makes measures to improve the overall secu- about another half million jobs. no sense for this Congress to pass legis- rity of publicly owned wastewater Now, the EPA has for many years, lation today that would so clearly kill treatment facilities. they are looking to try to change, for jobs. According to the National Asso- example, a bleaching process in the ciation of Manufacturing, this bill will b 1645 paper industry that would cost up to kill tens of thousands of jobs in the pe- This legislation also provides grant $200 million. The EPA has also tried to trochemical refining industry across funding for emergency response train- switch a refining process in the petro- this Nation. When we have already got ing to first responders and firefighters chemical industry from hydrochloric legislation on the books to protect who may be called upon in the event of acid to sulfuric acid. That can be just against terrorist attacks, why would a terrorist attack. as dangerous in a terrorist attack, but this Congress pass legislation which so In response to the second concern requires 250 times more acid to achieve obviously will kill jobs, which so clear- about inherently safer technologies, I the same result and will cost between ly, here it is on page 95 in clear would highlight the findings of the 2006 $45 million and $150 million per refin- English, is directed at giving the ad- report of the Government Account- ery to convert to the sulfuric acid proc- ministrator of the EPA the ability to ability Office which noted that over ess, with an increase in operating costs designate any chemical they want as a half, 56 percent, of the largest waste- between 200 and 400 percent. threat to the environment. water facilities use an alternative chlo- I apologize for my voice, but I was The SPEAKER pro tempore. The rine gas in their disinfectant process. participating in the rally outside the time of the gentleman has expired. Of the remaining facilities surveyed by Capitol of people who came here today Mr. DENT. I yield the gentleman an GAO in 2006, an additional 20 percent of concerned about the job-killing effect additional 20 seconds. the facilities that used chlorine gas of that health care bill that I share Mr. CULBERSON. This is an ex- have reported plans to switch to an- their concern and their opposition tremely dangerous piece of legislation other form of disinfectant. over, and wore my voice out. which will kill jobs in the petro- One key example is here in the Na- But we in Texas understand the im- chemical refining industry across the tion’s Capital, just across the Ana- portance of protecting these facilities United States, and I urge my col- costia River. In 2001, the Blue Plains from terrorist attacks, and that is not leagues to defeat it. In a time of reces- Wastewater Treatment Plant, which our concern. We are concerned about sion, we have got to protect jobs and serves the Capitol complex, switched the bureaucracy this bill creates. build jobs, not pass more regulations from chlorine gas to a concentrated But let me very quickly just read that will kill jobs. bleach formula for disinfection of from the bill, Mr. Chairman. Let’s look Ms. EDDIE BERNICE JOHNSON of wastewater. While the changes had at the definitions. If you look at the Texas. Mr. Chairman, I would like to been planned for some time, height- definition of chemical facility, that is yield 3 minutes to the gentleman from ened security concerns following 9/11, any facility that contains a substance New Jersey (Mr. SIRES). including the potential impact of a ter- of concern. Mr. SIRES. Mr. Chairman, I rise rorist attack on the U.S. Capitol com- When you look at the definition of today as a proud supporter of H.R. 2868, plex, led facility personnel to accel- the environment, you will see right the Chemical and Water Security Act erate the implementation of the inher- away that means the waters, navigable of 2009. I would like to thank Chairman ently safer technology. If the switch water or saltwater, contiguous to the THOMPSON, Chairman OBERSTAR, and

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12421 Chairman WAXMAN for their leadership tinue manufacturing in this country. because they are already doing the in this crucial piece of legislation. What it means is there is some people things they need to do to keep us safe, I know firsthand the challenges and in the Federal Government who want and nobody has suggested otherwise. risks that large urban areas face. The to go in and tell manufacturing compa- We need to defeat this legislation. district I represent is densely popu- nies which products to use in their Ms. EDDIE BERNICE JOHNSON of lated and home to critical transpor- manufacturing facilities. Texas. Mr. Chairman, I yield 2 minutes tation infrastructure, as well as chem- Now, one of the problems we have got to the gentleman from Iowa (Mr. BOS- ical plants. In fact, the district is con- right now in our economy is that the WELL). sidered to have the most dangerous 2- government is trying to run every busi- (Mr. BOSWELL asked and was given mile stretch in the Nation. ness that there is out there. The gov- permission to revise and extend his re- On the morning of September 11, I ernment is trying to run car compa- marks.) witnessed the destructive capabilities nies, and look at how well that has Mr. BOSWELL. I am taking a little of terrorism. I believe we must do ev- turned out. The government is running bit different tack here. I don’t object to erything in our power to address the banks, and look at how well that has what we are trying to do, but as I have known threats so we can reduce our turned out. The government has czars thought about this over the last few risk and prevent future catastrophes. I trying to run all of these different as- hours, I have a concern, and this con- know H.R. 2868 will bring us several pects of our economy, and it is not cern has to do with I think there has steps closer to securing the facilities working. been very little discussion with those across the country that we rely on each In fact, unemployment is now at 9.8 that produce our food and fiber in this day. The safety of our communities de- percent, approaching 10 percent, when country, which I have been involved in pends on the security measures taken they said their stimulus bill would cap most of my life, as well as many others at these facilities. unemployment at 8 percent. So clearly here. I am told that there has not been Mr. Chairman, increased security their approach to fixing this economy too much coordination. So I am not saying don’t do this. I measures should not be viewed as a is not working and it has led to more am wondering if we could just pause for burden, but as an opportunity to re- job losses. duce threats by promoting best prac- In fact, if you look at the results of a minute and take some time to dis- tices. This legislation is skillfully de- the elections on Tuesday night in Vir- cuss the impact on another area of se- curity, if you will, homeland security signed to increase our security without ginia and New Jersey, people turned and the production of food and fiber. jeopardizing facility services, and I out in droves and said it is jobs. It is Our farmers in this country, dairy urge my colleagues to vote in favor of the economy. We want government to farmers by the multitudes, are going H.R. 2868. stop running jobs out of this country. under. Pork producers are down about I also would like to add, we heard So what do they do? They bring us $22 per head over the last 24 months. concerns today about the potential im- another bill today that runs more jobs Beef producers can’t meet the cost of pact of this bill on the economy and out of this country. Because if you input. Corn producers in my State are jobs. I want to take this opportunity to look at what is going to happen to not meeting the cost of input. And I share with you the views of those who these facilities, petrochemical facili- think maybe it would be time well have the most at stake in this argu- ties that refine oil, there is talk about, spent if we could just pause and think ment, the workers themselves. oh, we want to reduce our dependence about the impact of these things on The United Steelworkers, the Inter- on foreign oil. what we are trying to do. national Chemical Workers Union Sure we want to reduce our depend- Yes, we need to protect our environ- Council, the International Brotherhood ence on foreign oil. You don’t do it by ment. Yes, we need to protect our of Teamsters, the Service Employees running every refinery out of this water. Nobody is arguing about that. International Union, the Communica- country to China or India or the Middle We in agriculture think that very tion Workers of America, and the East. That is what this bill will do. It strongly. United Auto Workers Union Legisla- will increase our dependence on foreign tive Alliance sent a letter to Congress oil and on companies in the Middle b 1700 on October 30 expressing their strong East that refine oil. But probably who I need to be talk- support for this bill. The workers are It will run millions of jobs out of this ing to is not here listening on the floor on the front lines in defending chem- country, and these are high-paying today to be able to cause this pause to ical facilities in this country. jobs. The average cost at some of these take place. Mr. Chairman, I think this Mr. DENT. Mr. Chairman, I would chemical facilities is over $70,000 per is deserving of some careful consider- like to yield 4 minutes to the distin- year per employee. And their bill that ation because one thing that we guished gentleman from New Orleans, they are bringing forward will run haven’t done in this country compared Mr. SCALISE. thousands, in south Louisiana thou- to some places around the world, we Mr. SCALISE. I want to thank the sands, of those jobs out of this country. haven’t been hungry. If that should gentleman for yielding. You wonder why businesses are run- happen, we would certainly, surely I rise in opposition to this bill be- ning around right now feeling like they have a very, very serious security situ- cause it has nothing to do with secu- have a bull’s eye on their back by the ation. rity of our chemical facilities. The Federal Government. It is because of I think the intent is good, but I think chemicals facilities spend millions and policies just like this. Cap-and-trade is we need a little pause to talk for a day millions of dollars to secure their fa- still out there. You have the card or two about the possibility, about the cilities, and I would suggest that those check bill that has businesses scared to impact that this has on food and fiber facilities are more secure than most death to hire anybody in America be- production in this great country of Federal buildings because there is so cause of what Congress is going to do ours. much at stake, and nobody has chal- to them. Mr. DENT. Mr. Chairman, I yield 3 lenged or suggested anything other That is not the role of government. minutes to the distinguished gen- than that they do protect their facili- That is not the role of Congress. We tleman from Kansas (Mr. MORAN). ties. should be trying to spend time here Mr. MORAN of Kansas. Mr. Chair- What this is about is radical environ- helping create jobs. Instead, we have man, thank you very much. I appre- mentalists coming in and trying to im- got a bill on the floor, yet another of a ciate the chance to be on the House pose new policies. They call it ‘‘inher- long laundry list of legislation, that floor today to speak in opposition to ently safer technologies.’’ And what is will run more jobs out of the economy, this bill, and I am particularly de- that? Well, clearly it is not anything out of this country. lighted to speak after the gentleman that is going to make the plant more Nobody has disputed that. All of the from Iowa (Mr. BOSWELL) has just spo- efficient because those companies business groups that have looked at ken because my message to my col- spend millions of dollars continuing to this have said this will run jobs out of leagues on the Agriculture Committee upgrade and make the most modern fa- this country, and it won’t do anything and others from rural America, wheth- cilities that they have so they can con- to increase security at our facilities, er Republicans or Democrats, is this is

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12422 CONGRESSIONAL RECORD — HOUSE November 5, 2009 a bad bill for rural America and for our rity, Transportation and Infrastructure, and I want to just point out that our agriculture producers and the small Energy and Commerce Committees on reach- committee’s role was to ensure that businesses that support agriculture in ing a resolution to this issue. We look for- while the Department of Homeland Se- rural America. ward to supporting your efforts to bring this curity will set the standards, it will be While it is a noble effort and some- legislation to the House floor for floor debate and passage. If you have any questions or the EPA and publicly owned treatment thing that I think everyone on the wish to discuss this matter further, please works, locally owned, operated, and House floor would agree on, we need to contact Patricia Sinicropi, NACWA Legisla- managed will carry them out. It will move in the direction of greater secu- tive Director. not be done by Homeland Security. rity in regard to chemicals. Aspects of Sincerely, I heard just a fragment of my good this bill, as indicated by the gentleman KEN KIRK, friend and colleague from Iowa raising from Texas (Mr. BARTON), really do not Executive Director, his concerns about the effect on agri- relate to security. They are about em- National Association culture. I want to emphasize, and while of Clean Water ployee safety, workforce safety, the en- this is not directly our committee’s ju- vironment in which we work. It is Agencies (NACWA). CATHERINE SMITH, risdiction, we made it very clear that about environmental rules and regula- Executive Director, the Department of Homeland Security tions. And in some fashion in our legis- California Associa- has definitely, completely, exempted lative process here, the Department of tion of Sanitation all end users of chemicals in agri- Homeland Security issues have been Agencies (CASA). culture. That means, farms, ranches, overcome, the positives that may be crops, feed and livestock facilities from AMERICAN there from increasing our security, are the chemical security program. It does PUBLIC WORKS ASSOCIATION, overcome by the detrimental costs as- not add agricultural facilities. We were sociated with environmental and labor Kansas City, MO, October 29, 2009. very clear about that. We wanted to be issues. Hon. NANCY PELOSI, So this bill, particularly because of Speaker of the House, Cannon House Office sure in our discussions with the Com- the IST provisions, is a bill that is det- Building, Washington, DC. mittee on Homeland Security that we DEAR MADAM SPEAKER: I am writing to did not have any spillover of unin- rimental. As Mr. BOSWELL indicated, urge you to move the Chemical Facility increasing input costs—fertilizers, tended consequences. Anti-Terrorism Act (HR 2868), which now in- Only the largest terminals, manufac- chemicals, pesticides—those things cludes language addressing security at matter to production agriculture drinking water and wastewater facilities, to turers, wholesale distributors of agri- today, especially today when the eco- the floor for a vote as soon as possible. The cultural chemicals remain in the chem- nomic circumstances in which our committees with an interest in chemical se- ical security program, not farmers, not farmers find themselves is so narrow, curity at facilities across the nation have ranchers, not crop, feed, or livestock worked diligently to craft a comprehensive facilities. The EPA administrator has so difficult, anything that increases package that provides an appropriate and the cost is very damaging. authority only to regulate security at sensible approach to closing the existing reg- wastewater and drinking water facili- Finally, the businesses that support ulatory gap in the current regulatory frame- them, they make up a huge component work by leaving EPA as the lead regulatory ties, not on farms, not on ranches, not of rural communities across my State, authority over the water sector. to any of the chemicals that they use. across rural America and across our Establishing a single lead agency for secu- The legislation ensures that EPA will country, and putting those folks out of rity over substances of concern from inten- appropriately balance clean water, business has a significant consequence tional incidents or natural disasters at wastewater treatment with security drinking water and wastewater facilities will to the future of the people that I rep- needs of the Nation as set in standards promote consistent and efficient implemen- set by the Department of Homeland Se- resent. tation of chemical security across the water So I urge my colleagues from all sector while simultaneously ensuring contin- curity. It does not give EPA any au- across rural America to oppose this ued protection of public health and the envi- thority over chemical facilities now legislation for the dramatic and dam- ronment. Moreover, the Environmental Pro- regulated under other provisions or by aging effect it will have upon the peo- tection Agency (EPA) has a long established DHS. ple who produce food and fiber in this and active water security program that pro- Mr. Chair, I rise in strong support of H.R. country and the businesses that sup- motes security and resiliency within the 2868, the ‘‘Chemical and Water Security Act port that effort. water sector. EPA, in close cooperation with of 2009’’. the sector, is using a multi-layered approach At the outset, let me also thank the gen- Ms. EDDIE BERNICE JOHNSON of to ensure the water sector assesses its Texas. Mr. Chairman, I would like to vulnerabilities, reduces risks, prepares for tleman from Mississippi (Mr. THOMPSON), include for the RECORD correspondence emergencies and responds to intentional in- Chairman of the Committee on Homeland Se- from the National Association of Clean cidents and/or natural disasters. Over the curity, and the gentleman from California (Mr. Water Agencies and the California As- past several years, great progress has been WAXMAN), Chairman of the Committee on En- sociation of Sanitation Agencies. made and the comprehensive approach taken ergy and Commerce, for their efforts on this in HR 2868 will ensure that this progress con- OCTOBER 29, 2009. legislation and their willingness to include the tinues. Hon. NANCY PELOSI, text of the ‘‘Wastewater Treatment Works Se- Working in the public interest, the more Speaker of the House, House of Representatives, than 29,000 members of the American Public curity Act of 2009’’ as title III of the bill under Washington, DC. Works Association plan, design, build, oper- consideration today. DEAR MADAM SPEAKER: The National Asso- ate, manage and maintain the water supply, In June of 2009, I joined with the Chair- ciation of Clean Water Agencies and the woman of the Subcommittee on Water Re- California Association of Sanitation Agen- sewage and refuse disposal systems, public cies support incorporating wastewater facil- buildings, transportation infrastructure and sources and Environment, EDDIE BERNICE ity security legislation into the Chemical other structures and facilities essential to JOHNSON, in introducing H.R. 2883, the Facility Anti-Terrorism Act (H.R. 2868) once our nation’s economy and way of life. ‘‘Wastewater Treatment Works Security Act of Again, I urge you to bring the Chemical chemical facility legislation is sent to the Facility Anti-Terrorism Act to the floor of 2009,’’ to address the security needs of waste- House floor. In furtherance of this objective, water treatment facilities under the auspices of we support including the Wastewater Treat- the House for a vote. Thank you for your leadership and attention to this matter. the Clean Water Act. That legislation, as ment Works Security Act (H.R. 2883) as a amended, is incorporated as title III of H.R. separate title in comprehensive chemical fa- Sincerely, cility legislation. We have reviewed the man- PETER B. KING, 2868. ager’s amendment to H.R. 2883, and believe Executive Director Enactment of the ‘‘Wastewater Treatment this language addresses our primary concern: Mr. Chairman, I yield the balance of Works Security Act,’’ in concert with the un- the prospect of separate regulatory regimes my time to the gentleman from Min- derlying language produced by the Commit- for drinking water and wastewater treat- nesota (Mr. OBERSTAR), the chairman tees on Homeland Security and Energy and ment systems. Numerous local agencies pro- of the full committee. Commerce, will preserve the historical rela- vide both water and wastewater treatment Mr. OBERSTAR. I thank the gentle- tionship between wastewater utility operators services. The dual regulatory system is coun- woman for her splendid management of terproductive and entirely without any secu- and the Environmental Protection Agency rity benefits. the bill, for her work in the sub- (EPA) in meeting both the security measures Our organizations have appreciated the op- committee and holding the hearings called for in this legislation, as well as the portunity to work with the Homeland Secu- and crafting the legislation. goals and purposes of the Clean Water Act.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 9920 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12423 Mr. Chair, following the terrorist attacks of ment works to carry out vulnerability assess- health, safety or the environment, and any September 11, 2001, the identification and ments, site security and emergency response other factor determined appropriate by the Ad- protection of critical infrastructure, including plans, and to implement measures to improve ministrator. Section 222(b)(2)(B)(iii) provides the Nation’s system of wastewater infrastruc- the overall security of the wastewater treat- the Administrator authority to request informa- ture, has become a national priority. EPA has ment facilities, as well as provide emergency tion from the owner or operator of a treatment worked with state and local governments to response training to first responders and fire- works necessary to determine the appropriate enhance wastewater security since 2001, and fighters who may be called upon in the event risk-based tier, and section 222(b)(2)(B)(iv) di- the majority of wastewater treatment works of a terrorist act. rects the Administrator to provide the treat- have conducted vulnerability assessments and This legislation has been endorsed by the ment works with the reasons for the tier as- implemented emergency response planning Nation’s leading wastewater utility organiza- signment. procedures. tions, including the National Association of Section 222(b)(2)(C) requires the Adminis- However, wastewater treatment works have Clean Water Agencies, the California Associa- trator to ensure that risk-based performance undertaken these activities, with guidance tion of Sanitation Agencies, and the American standards are consistent with the level of risk from EPA, on a voluntary basis, as nothing in Public Works Association. associated with the risk-based assignment for current law requires wastewater treatment Mr. Chair, I would like to discuss certain the treatment works, and take into account the works to carry out specific security measures. sections of title III of the bill. risk-based performance standards outlined in H.R. 2868 closes this significant security gap SECTION 301. SHORT TITLE the Chemical Facility Anti-Terrorism Standards and enacts mandatory security standards ap- (CFATS) of the DHS, contained in section plicable to treatment works. EPA will establish This section designates this title as the 27.230 of title 6, Code of Federal Regulations. security regulations and oversee their imple- ‘‘Wastewater Treatment Works Security Act of mentation to appropriately balance water qual- 2009’’. Section 222(b)(3) directs the Administrator, ity and security goals. SEC. 302. WASTEWATER TREATMENT WORKS SECURITY in carrying out the rulemaking under section Our Nation’s wastewater treatment capacity This section amends the Federal Water Pol- 222(b), to require any treatment works that consists of approximately 16,000 publicly lution Control Act of 1972 to add a new sec- ‘‘possesses or plans to possess’’ a designated owned wastewater treatment plants, 100,000 tion 222 to address the security of wastewater amount of a substance of concern (as deter- major pumping stations, 600,000 miles of sani- treatment works (hereinafter ‘‘treatment mined by the Administrator under section tary sewers and another 200,000 miles of works’’) under the authority of the Adminis- 222(c)) to include within its site security plan storm sewers, with a total value of more than trator of EPA. an assessment of ‘‘methods to reduce the $2 trillion. Taken together, the sanitary and SECTION 222(A). ASSESSMENT OF TREATMENT WORKS consequences of a chemical release from an storm sewers form an extensive network that VULNERABILITY AND IMPLEMENTATION OF SITE SECU- intentional act’’ at the treatment works. Section runs near or beneath key buildings and roads, RITY AND EMERGENCY RESPONSE PLANS 222(b)(3)(A) defines such an assessment as the heart of business and financial districts, Section 222(a) defines the new security-re- one that reduces or eliminates the potential and the downtown areas of major cities, and lated obligations for treatment works required consequences of a release of a substance of is contiguous to many communication and under this subsection, as well as the terms concern from an intentional act, including: (1) transportation networks. ‘‘vulnerability assessment’’, and ‘‘site security the elimination or reduction of such sub- Publicly owned treatment works also serve plan’’. Under section 222(a)(1), any treatment stances through the use of alternate sub- more than 200 million people, or about 70 per- works with a treatment capacity of at least 2.5 stance, formulations, or processes; (2) the cent of the Nation’s total population, as well as million gallons per day (estimated by EPA to modification of operations at the treatment approximately 27,000 commercial or industrial be a treatment works that serves a population works; and (3) the reduction or elimination of facilities, that rely on the treatment works to of 25,000 or greater), or in the discretion of onsite handling of such substances through treat their wastewater. Significant damage to the Administrator, presents a security risk, is improvement of inventory control or chemical the Nation’s wastewater facilities or collection required to: (1) conduct a vulnerability assess- use efficiency. systems could result in loss of life, cata- ment; (2) develop and implement a site secu- Section 222(b)(3)(B) requires each treat- strophic environmental damage to rivers, rity plan; and (3) develop an emergency re- ment works that possesses or plans to pos- lakes, and wetlands, contamination of drinking sponse plan for the treatment works. sess a designated amount of a substance of water supplies, long-term public health im- SECTION 222(B). RULEMAKING AND GUIDANCE concern to consider, in carrying out such an pacts, destruction of fish and shellfish produc- DOCUMENTS assessment, the potential impact of any meth- tion, and disruption to commerce, the econ- Section 222(b) directs the Administrator to od to reduce the consequences of a chemical omy, and our Nation’s normal way of life. conduct a rulemaking, to be completed no release from an intentional act on the respon- In the same light, certain wastewater treat- later than December 31, 2010, to: (1) establish sibilities of the treatment works to meet its ef- ment works throughout the United States uti- risk-based performance standards for the se- fluent discharge requirements under the Clean lize chemicals in their disinfectant processes, curity of a treatment works covered by this Water Act, and to include relevant information such as gaseous chlorine, that may pose a on any proposed method, such as how imple- threat to public health or the environment if section; and (2) establish requirements and deadlines for each owner and operator of a mentation of the method could reduce the improperly released into the surrounding envi- risks to human health or the environment, ronment. While proper storage of and security treatment works to conduct (and periodically whether the method is feasible (as such term for such chemicals on-site may reduce the po- update) a vulnerability assessment, to develop is defined by the Administrator), and the po- tential risk of improper release, similar secu- (and periodically update) and implement a site tential costs (both expenditures and savings) rity-related issues in the shipment and use of security plan, to develop (and periodically re- from implementation of the method. potentially harmful chemicals must also be vise) an emergency response plan, and to considered in relation to the overall security of provide annual training for employees of the Section 222(b)(3)(C) provides for mandatory the wastewater treatment works. treatment works. implementation of a method to reduce the The ‘‘Wastewater Treatment Security Works Section 222(b)(2) directs the Administrator, consequences of a chemical release from an Act’’ ensures that all large- and medium-sized in carrying out the rulemaking under section intentional act for a treatment works that is as- wastewater treatment facilities—those that 222(b), to provide for four risk-based tiers for signed to one of the two highest risk-based treat at least 2.5 million gallons of sewage per treatment works (with tier one representing the tiers, and possesses or plans to possess a day—perform a nationally-consistent, thresh- highest degree of security risk), and to estab- designated amount of a substance of concern. old security assessment, and take proactive lish ‘‘risk-based performance standards for site Section 222(b)(3)(C)(ii) authorizes the Admin- steps to reduce their overall vulnerability. For security plans and emergency response istrator, or a State, in the case of a State with those facilities that possess sufficient quan- plans’’ required under section 222(a). Under an approved program under section 402 of the tities of potentially-dangerous chemicals, this subsection (b)(2)(B), the Administrator is di- Clean Water Act, to require the owner or oper- legislation requires an assessment of whether rected to assign (and reassign, when appro- ator of the treatment works to implement such ‘‘inherently safer technologies’’ can be imple- priate) treatment works into one of the four a method, and includes a series of factors for mented to reduce the overall risk posed by the designated risk-based tiers, based on consid- the Administrator or State to consider in mak- facility; while enabling the facility to continue eration of the size of the treatment works, the ing such a determination. Section 222(b)(3)(D) meeting its water quality obligations under the proximity of the treatment works to large popu- provides a formal opportunity for the owner or Clean Water Act. lation centers, the adverse impacts of an in- operator of a treatment works to appeal the Finally, this legislation authorizes $1 billion tentional act on the operations of the treat- decision of the Administrator or a State that over 5 years in grants to publicly owned treat- ment works, critical infrastructure, public requires the implementation of such a method.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 9920 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12424 CONGRESSIONAL RECORD — HOUSE November 5, 2009 Section 222(b)(3)(E) authorizes the Adminis- the appropriate roles or responsibilities for em- SECTION 222(M). PREEMPTION trator to address incomplete or late assess- ployees and contractor employees of treat- Section 222(m) provides that nothing in this ments of methods to reduce the con- ments works in carrying out the plans. Section section precludes or denies the right of any sequences of a chemical release from an in- 222(f)(2) requires the owner or operator of a State or political subdivision thereof to adopt tentional act at the treatment works by an treatment works to provide sufficient training, or enforce any regulation, requirement, or owner or operator of a treatment works. as determined by the Administrator, to em- standard of performance with respect to a Section 222(b)(3)(F) authorizes the Adminis- ployees and contractor employees in carrying treatment works that is more stringent than a trator to take action, in a State with an ap- out site security plans and emergency re- regulation, requirement, or standard of per- proved program under section 402 of the sponse plans. formance under this section. Clean Water Act, to determine whether a SECTION 222(G). MAINTENANCE OF RECORDS SECTION 222(N). AUTHORIZATION OF APPROPRIATIONS treatment works should be required to imple- Section 222(g) requires that an owner or op- Section 222(n) authorizes to be appro- ment a method to reduce the consequences of erator of a treatment works maintain an up- priated to the Administrator $200 million for a chemical release from an intentional act, dated copy of its vulnerability assessment, site each of fiscal years 2010 through 2014 for and to compel the treatment works to imple- security plan, and emergency response plan making grants under section 222(l). ment such methods through an enforcement on the premises of the treatment works. SECTION 222(O). RELATION TO CHEMICAL FACILITY action, in the absence of State action. SECTION 222(H). AUDIT; INSPECTION SECURITY REQUIREMENTS Section 222(b)(4) and (5) directs the Admin- Section 222(o) provides that the require- istrator to consult with the States (with ap- Section 222(h) directs the Administrator to ments of Title XXI of the Homeland Security proved programs), the Secretary of Homeland audit and inspect treatment works, as nec- Act of 2002, section 550 of the Department of Security and, as appropriate, other persons, in essary, to determine compliance with this sec- Homeland Security Appropriations Act, 2007, developing regulations under this subsection. tion, and authorizes access by the Adminis- and the Chemical and Water Security Act of Section 222(b)(6) requires the Administrator to trator to the owners, operators, employees, ensure that regulations developed under this contract employees, and, as applicable, em- 2009, (and any regulations promulgated there- subsection are consistent with the goals and ployee representatives, to carry out this sub- under), do not apply to a treatment works, as requirements of the Clean Water Act. section. such term is defined in section 212 of the Clean Water Act. SECTION 222(C). SUBSTANCES OF CONCERN SECTION 222(I). PROTECTION OF INFORMATION Section 222(c) authorizes the Administrator, Section 222(i) establishes requirements for LEGISLATIVE HISTORY in consultation with the Secretary of Homeland the prohibition of public disclosure of protected In the 107th Congress, on October 10, Security, to designate any chemical substance information, as defined by this subsection, and 2001, the Subcommittee on Water Resources as a substance of concern, and to establish, authorizes the Administrator to prescribe by and Environment held a hearing on the secu- by rulemaking, a threshold quantity of such regulation or issue orders, as necessary, to rity of infrastructure within the Subcommittee’s substance that, as a result of a release, is prohibit the unauthorized disclosure of such in- jurisdiction, including issues related to the na- known to cause death, injury, or serious ad- formation. Section 222(i)(2)(B) provides au- tion’s network of wastewater infrastructure. verse impacts to human health or the environ- thority to facilitate the appropriate sharing of On July 22, 2002, then-Chairman DON ment. In carrying out this authority, the Admin- protected information with and among Federal, YOUNG introduced H.R. 5169, the ‘‘Wastewater istrator is required to take into account the list State, local, and tribal authorities, first re- Treatment Works Security Act of 2002’’. On of ‘‘Chemicals of Interest’’, developed by the sponders, law enforcement officials, and ap- July 24, 2002, the Committee on Transpor- DHS, and published in appendix A to part 27 propriate treatment works personnel or em- tation and Infrastructure met in open session of title 6, Code of Federal Regulations. ployee representatives. Section 222(i)(4), (5) and ordered the bill reported favorably to the SECTION 222(D). REVIEW OF VULNERABILITY and (6) ensure that the requirements of this House by voice vote. H. Rept. 107–645. On ASSESSMENT AND SITE SECURITY PLAN subsection not affect the implementation of October 7, 2002, the House passed H.R. 5169 Section 222(d) requires an owner or oper- other laws or the oversight authorities of Con- by voice vote. No further action was taken on ator of a treatment works covered by this sec- gressional committees. Section 222(i)(7) de- this legislation. In the 108th Congress, on February 13, tion to submit a vulnerability assessment and fines the term ‘‘protected information’’. site security plan to the Administrator for re- 2003, then-Chairman DON YOUNG introduced SECTION 222(J). VIOLATIONS view in accordance with deadlines established H.R. 866, the ‘‘Wastewater Treatment Works by the Administrator. Section 222(d)(2) and (3) Section 222(j) provides criminal, civil, and Security Act of 2003’’. On February 26, 2003, direct the Administrator to review such assess- administrative penalties for the violation of any the Committee on Transportation and Infra- ments and plans, and to either approve or dis- requirement of this section, including any reg- structure met in open session and ordered the approve such assessments and plans. Section ulations promulgated pursuant to this section, bill reported favorably to the House by voice 222(d)(3) and (4) establish criteria for the dis- consistent with the criminal, civil, and adminis- vote. H. Rept. 108–33. On May 7, 2003, the approval of a vulnerability assessment or site trative penalties contained in section 309 of House passed H.R. 5169 by a rollcall vote of security plan, and requires the Administrator to the Clean Water Act. 413–2. No further action was taken on this provide the owner or operator of a treatment SECTION 222(K). REPORT TO CONGRESS legislation. works with a written notification of any defi- Section 222(k) directs the Administrator to In the 111th Congress, on June 16, 2009, ciency in the vulnerability assessment or site report to Congress within three years of the Water Resources and Environment Sub- security plan, including guidance for correcting date of enactment of the Wastewater Treat- committee Chairwoman EDDIE BERNICE JOHN- such deficiency and a timeline for resubmis- ment Works Security Act of 2009, and every SON introduced H.R. 2883, the ‘‘Wastewater sion of the assessment or plan. three years thereafter, on progress in achiev- Treatment Works Security Act of 2009’’. SECTION 222(E). EMERGENCY RESPONSE PLAN ing compliance with this section. Section Mr. DENT. Mr. Chairman, first, there Section 222(e) establishes the requirements 222(k)(3) provides that such reports be made has been considerable debate here for an owner or operator of a treatment works publicly available. today whether farmers and small agri- to develop and, as appropriate, revise an SECTION 222(L). GRANTS FOR VULNERABILITY ASSESS- cultural retailers currently exempt emergency response plan that incorporates MENTS, SECURITY ENHANCEMENTS, AND WORKER from existing regulations will be ex- the results of the current vulnerability assess- TRAINING empt from the new regulations re- ment and site security plan for the treatment Section 222(l) authorizes Federal grants for quired by this legislation. works. Section 222(e)(2) requires the owner or the conduct of vulnerability assessments and The short answer is: They will not. operator to certify to the Administrator that an the implementation of security enhancements Section 2120 of this bill requires the emergency response plan meeting the require- and publicly-owned treatment works, and for Secretary to issue new regulations to ments of this section has been completed, and security related training of employees or con- replace the existing CFATS regula- is appropriately updated. Section 222(e)(4) re- tractor employees of a treatment works and tions. Nowhere in this bill does the quires the owner or operator of a treatment training of first responders and emergency re- Secretary have any authority to ex- works to provide appropriate information to sponse providers. Section 222(l)(2)(C) pro- empt certain individuals or classes any local emergency planning committee, local vides that grants made available under this from those regulations. Nowhere. law enforcement, and local emergency re- Act not be used for personnel cost or oper- If the majority disagrees and would sponse providers. ation or maintenance of facilities, equipment, care to point to a particular provision SECTION 222(F). ROLE OF EMPLOYEES or systems. Section 222(l)(2)(D) provides for a that authorizes the Secretary to grant Section 222(f)(1) requires that a site security maximum 75 percent Federal share for grants exemptions from the provisions, in- plan and emergency response plan identify made available under this Act. cluding the costly IST assessment and

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12425 implementation provisions, I would ask to say one thing. It is a darn good I also support H.R. 2868 because it contains that they point to that provision. thing that the House of Representa- a provision I offered that protects workers who At this time, I would like to yield 2 tives just a couple of hours ago passed identify and report violations affecting the safe- minutes to the gentleman from Illinois an extension of unemployment bene- ty and security of chemical facilities to man- (Mr. SHIMKUS). fits. Because of this legislation, people agement or regulatory authorities from retalia- (Mr. SHIMKUS asked and was given are going to need them. That said, peo- tion and reprisal. When it comes to the secu- permission to revise and extend his re- ple around this country are very scared rity of our chemical, drinking water, and waste- marks.) of Washington right now. They are water facilities, the employees who work in Mr. SHIMKUS. Mr. Chairman, it is scared of the agenda, and they are them are the ‘‘First Preventers.’’ We depend all about jobs today. This bill affects scared of the national energy tax called on them to be competent, vigilante, and pro- jobs and the economy. We are close to cap-and-trade. They are afraid of the active. We owe them the assurance that they 9.8 percent unemployment in the man- card check bill and the health care bill will not be penalized for doing their jobs prop- ufacturing sector, and here we are that will cost more than a trillion dol- erly. That is why I am pleased the bill also in- going to put more, additional burdens lars. So is it any wonder that unem- corporates a provision I offered requiring facil- on those who create jobs. If you don’t ployment rates are going the way they ity owners to certify in writing their knowledge have employers, you don’t have em- are going. of the protections provided whistleblowers and ployees. But one thing about these IST assess- the Secretary’s power to protect them. I appreciate my agriculture members ments, and I feel we have to talk about Mr. Chair, eight years ago this September coming down here because it is not this from a jobs standpoint, but con- 11 terrorists attacked our country and inflicted about the end users, it is about the pro- testing these IST assessments will be incalculable damage to our people, economy, ducers of the chemicals. It is about the costly, too costly for most small busi- and national psyche. We responded to the producers of the anhydrous. Those are nesses to afford. horror and trauma of that day by resolving to the folks whose costs are going to go Experts estimate that a simple, one honor the victims and heroes of 9–11 by doing up. ingredient substitution would take two all we can to protect our homeland and our Now I like to come down here and persons 2 weeks to complete and cost people from any future attack. talk about the hypocrisy of this whole between $10,000 and $40,000, and that is There is a simple answer for those who debate, especially on the Safe Drinking on the low end. A pharmaceutical pilot question the timing or need for a comprehen- Water Act, because if it really was plant with about 12 products would sive legislation to safeguard these facilities. about security, and I talked about this take three to six persons up to 10 The poison gas leak at Union Carbide’s in the Rules Committee, and no one weeks to complete an assessment at a Bhopal plant in 1984 that killed 10,000 people has answered this question, on the cost of $100,000 to $500,000. within 72 hours, and more than 25,000 people Larger facilities with particularly health care bill, Mr. Chairman, your since, was an accident! Imagine the carnage hazardous chemicals, already regulated bill, page 1785, we say this: ‘‘The finan- that could result from an intentional act of ter- by OSHA, would require 8 to 10 people cial and technical capability of an In- rorism or sabotage. 6 months or more to complete at a cost dian Tribe, or Tribal Organization, or Mr. Chair, the chemical industry alone em- of over a million dollars for the assess- Indian community to safely operate, ploys nearly a million Americans and it ac- ment. Fifty-nine percent of the facili- manage, and maintain a sanitation fa- counts for nearly $600 billion of the GDP. ties regulated under the current cility shall not be a prerequisite to the More than 70,000 industrial, consumer, and CFATS regulations that would be re- provision or construction of sanitation defense-related products—from plastics to quired to conduct these costly assess- facilities by the Secretary.’’ fiber optics—are produced by the nation’s Your health care bill says if the In- ments employ 50 or fewer people. Man- dating IST will be devastating to small chemical facilities. dian Tribe cannot safely run a plant, The economic and strategic value of the we are going to build you one anyway. businesses across America. According to a California fertilizer chemical industry makes it an attractive target We are not worried about safety and se- manufacturer, eliminating the use of to terrorists because many chemicals, either in curity. anhydrous ammonia and substituting their base form or when combined with others, Page 1785, a financial and technical it with urea can cost a 1,000 acre farm can cause significant harm to both humans capability of an Indian Tribe, shall be up to $15,000 per application. This and the environment if misused. exempt even if they can’t operate safe- would be a recurring cost passed on to My congressional district alone abuts one of ly a water treatment plant. So what the consumer. the nation’s largest ports and is home to sev- you are doing in the health care bill, On Friday, the Department of Labor eral major oil refineries, as well as gas treat- exempting Indian tribes who don’t is expected to revise the unemploy- ment and petrochemical facilities. It is, as they know how to manage a refinery, you ment figures. Does anyone in this say in the military, a ‘‘target rich environment.’’ are giving them protections in this Chamber expect those numbers to go So I am not willing to wait. The time has health care bill. But in this bill, munic- down? We hope they do, but I am afraid come for us to approve legislation that puts in ipal water plants pay more; private we know what the answer may be. place the necessary protections and author- water plants pay more; refineries pay Ms. RICHARDSON. Mr. Chair, I rise today izes the necessary resources to keep our more. Indian tribes under your health to express my strong support for the Chemical chemical, wastewater, and drinking water fa- care bill—— and Water Security Act of 2009. I would also cilities secure. This bill does that. The Acting CHAIR. The time of the like to thank Chairman OBERSTAR, Chairman Chemical facilities determined by the Sec- gentleman has expired. WAXMAN, and my distinguished colleague on retary to be at risk are required to conduct a Mr. DENT. I yield the gentleman an the Homeland Security Committee, Chairman Security Vulnerability Assessment (‘‘SSV’’). additional 30 seconds. THOMPSON, for their hard work in crafting this Based upon that assessment, the facility must Mr. SHIMKUS. I would just say why vital legislation. then develop and implement a Site Security would we exempt Indian tribes from I support this legislation because it will en- Plan (‘‘SSP’’), which is subject to review, ap- the ability to prove that they can actu- hance the security of our nation’s chemical, proval, and inspection by the DHS Office of ally operate a water purification plant? drinking water, and wastewater facilities and it Chemical Facility Security. Why would we do that? If safety and se- lessens the vulnerability of our most critical The legislation also authorizes the DHS curity is important, the whole premise sectors to a terrorist attack. Specifically, this Secretary to require, where appropriate, that of this bill, why would we exempt In- legislation: chemical facilities in the highest risk tiers im- dian tribes? Page 1785 of your bill in Protects our nation by making critical infra- plement ‘‘methods to reduce the con- the health care reform. Three hundred structure more secure; sequences of a terrorist attack’’ by utilizing ‘‘in- pages on Indian health, not one page Helps my district by enhancing the security herently safer technologies’’ (IST). And it au- through the committee process. It is an of its chemical, drinking water, and wastewater thorizes the Secretary to award $225 million in abomination of the process. facilities; and grants to provide technical assistance and Mr. DENT. Mr. Chairman, I think Helps our economy by providing greater funding to finance the capital costs incurred in you just heard some very powerful ar- protection to the nation’s major job creating transitioning to inherently safer technologies. guments in opposition to this legisla- sectors and by providing incentives to spur I am also pleased to note that facilities tion. This issue is all about jobs. I want production and technological innovation. around the country have already begun taking

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 9920 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12426 CONGRESSIONAL RECORD — HOUSE November 5, 2009 action to make their chemical processes safer. [Roll No. 862] Neal (MA) Ross Sullivan Neugebauer Rothman (NJ) Sutton For example, in the 37th district, of which I am YEAS—418 Nye Roybal-Allard Tanner a proud representative, the Joint Water Pollu- Oberstar Royce Taylor Abercrombie Davis (CA) Jones Obey Ruppersberger Teague tion Control Plant in Carson, California, a Ackerman Davis (IL) Jordan (OH) Olson Rush Terry wastewater treatment plant, switched from Adler (NJ) Davis (KY) Kagen Olver Ryan (OH) Thompson (CA) Akin Davis (TN) Kanjorski using chlorine gas to liquid bleach disinfection. Ortiz Ryan (WI) Thompson (MS) Alexander DeFazio Kaptur This legislation is already spurring companies Pallone Salazar Thompson (PA) Altmire DeGette Kennedy to make important changes that will keep our Pascrell Sanchez, Loretta Thornberry Andrews Delahunt Kildee Pastor (AZ) Sarbanes Tiahrt country and our communities safer. Arcuri DeLauro Kilpatrick (MI) Paulsen Scalise Tiberi Mr. Chair, I could go on but it suffices to Austria Dent Kilroy Payne Schakowsky Tierney Baca Diaz-Balart, L. Kind Pence Schauer Titus state that this legislation is a balanced and Bachmann Diaz-Balart, M. King (IA) pragmatic response to a critical security need. Perlmutter Schiff Tonko Bachus Dicks King (NY) Perriello Schmidt Towns And again, I want to thank Chairman OBER- Baird Dingell Kingston Peters Schock Tsongas STAR, Chairman THOMPSON, and Chairman Baldwin Doggett Kirk Peterson Schrader Turner Barrett (SC) Donnelly (IN) Kirkpatrick (AZ) WAXMAN for their leadership in crafting this ex- Petri Schwartz Upton Barrow Doyle Kissell Pingree (ME) Scott (GA) Van Hollen traordinary bill. Bartlett Dreier Klein (FL) Pitts Scott (VA) Vela´ zquez I support the Chemical and Water Security Barton (TX) Driehaus Kline (MN) Platts Sensenbrenner Visclosky Act and urge all members to do likewise. Bean Duncan Kosmas Poe (TX) Serrano Walden Becerra Edwards (MD) Kratovil The Acting CHAIR (Mr. KRATOVIL). Polis (CO) Sessions Walz Berkley Edwards (TX) Kucinich Pomeroy Sestak Wamp All time for general debate has expired. Berman Ehlers Lamborn Posey Shadegg Wasserman Ms. EDDIE BERNICE JOHNSON of Berry Ellison Lance Price (GA) Shea-Porter Schultz Texas. Mr. Chairman, as the designee Biggert Ellsworth Langevin Price (NC) Sherman Waters Bilbray Emerson Larsen (WA) Putnam Shimkus Watson of the chairman of the Committee on Bilirakis Engel Larson (CT) Quigley Shuler Watt Homeland Security, I move that the Bishop (GA) Eshoo Latham Radanovich Shuster Waxman Committee do now rise. Bishop (NY) Etheridge LaTourette Rahall Simpson Weiner Bishop (UT) Fallin Latta The motion was agreed to. Rangel Sires Welch Blackburn Farr Lee (CA) Rehberg Skelton Westmoreland Accordingly, the Committee rose; Blumenauer Fattah Lee (NY) Reichert Slaughter Wexler and the Speaker pro tempore (Mr. Blunt Filner Levin Reyes Smith (NE) Whitfield Boccieri Flake Lewis (CA) TIERNEY) having assumed the chair, Richardson Smith (NJ) Wilson (OH) Boehner Fleming Lewis (GA) Rodriguez Smith (TX) Wilson (SC) Mr. KRATOVIL, Acting Chair of the Bonner Fortenberry Linder Roe (TN) Smith (WA) Wittman Committee of the Whole House on the Bono Mack Foster Lipinski Rogers (AL) Snyder Wolf State of the Union, reported that that Boozman Foxx LoBiondo Rogers (KY) Souder Woolsey Boren Frank (MA) Loebsack Committee, having had under consider- Rohrabacher Space Wu Boswell Franks (AZ) Lofgren, Zoe Rooney Speier Yarmuth ation the bill (H.R. 2868) to amend the Boucher Frelinghuysen Lowey Ros-Lehtinen Spratt Young (AK) Homeland Security Act of 2002 to ex- Boustany Fudge Lucas Roskam Stearns Young (FL) Boyd Gallegly Luetkemeyer tend, modify, and recodify the author- Brady (TX) Garamendi Luja´ n NAYS—1 ity of the Secretary of Homeland Secu- Braley (IA) Garrett (NJ) Lummis Paul rity to enhance security and protect Bright Gerlach Lungren, Daniel against acts of terrorism against chem- Broun (GA) Giffords E. NOT VOTING—14 Brown (SC) Gingrey (GA) Lynch ical facilities, and for other purposes, Brown, Corrine Gonzalez Mack Aderholt Gohmert Rogers (MI) ´ had come to no resolution thereon. Brown-Waite, Goodlatte Maffei Brady (PA) Johnson, Sam Sanchez, Linda Ginny Gordon (TN) Maloney Capuano Murphy, Patrick T. f Buchanan Granger Manzullo Deal (GA) Nadler (NY) Stark Burgess Graves Marchant Forbes Nunes Stupak ANNOUNCEMENT BY THE SPEAKER Burton (IN) Grayson Markey (CO) PRO TEMPORE Butterfield Green, Al Markey (MA) Buyer Green, Gene Marshall b 1740 The SPEAKER pro tempore. Pursu- Calvert Griffith Massa Messrs. FLAKE and LOEBSACK ant to clause 8 of rule XX, proceedings Camp Grijalva Matheson Campbell Guthrie Matsui changed their vote from ‘‘nay’’ to will resume on motions to suspend the ‘‘yea.’’ rules previously postponed. Cantor Gutierrez McCarthy (CA) Cao Hall (NY) McCarthy (NY) So (two-thirds being in the affirma- Votes will be taken in the following Capito Hall (TX) McCaul tive) the rules were suspended and the Capps Halvorson McClintock order: bill, as amended, was passed. H.R. 1849, by the yeas and nays; Cardoza Hare McCollum Carnahan Harman McCotter The result of the vote was announced H.R. 3276, by the yeas and nays; Carney Harper McDermott as above recorded. H. Res. 878, de novo. Carson (IN) Hastings (FL) McGovern A motion to reconsider was laid on The first electronic vote will be con- Carter Hastings (WA) McHenry Cassidy Heinrich McIntyre the table. ducted as a 15-minute vote. Remaining Castle Heller McKeon electronic votes will be conducted as 5- Castor (FL) Hensarling McMahon minute votes. Chaffetz Herger McMorris f Chandler Herseth Sandlin Rodgers f Childers Higgins McNerney Chu Hill Meek (FL) AMERICAN MEDICAL ISOTOPES WORLD WAR I MEMORIAL AND Clarke Himes Meeks (NY) PRODUCTION ACT OF 2009 CENTENNIAL ACT OF 2009 Clay Hinchey Melancon Cleaver Hinojosa Mica The SPEAKER pro tempore. The un- The SPEAKER pro tempore. The un- Clyburn Hirono Michaud finished business is the vote on the mo- finished business is the vote on the mo- Coble Hodes Miller (FL) tion to suspend the rules and pass the Coffman (CO) Hoekstra Miller (MI) bill, H.R. 3276, as amended, on which tion to suspend the rules and pass the Cohen Holden Miller (NC) bill, H.R. 1849, as amended, on which Cole Holt Miller, Gary the yeas and nays were ordered. the yeas and nays were ordered. Conaway Honda Miller, George The Clerk read the title of the bill. The Clerk read the title of the bill. Connolly (VA) Hoyer Minnick The SPEAKER pro tempore. The Conyers Hunter Mitchell The SPEAKER pro tempore. The Cooper Inglis Mollohan question is on the motion offered by question is on the motion offered by Costa Inslee Moore (KS) the gentleman from Massachusetts the gentleman from Illinois (Mr. Costello Israel Moore (WI) (Mr. MARKEY) that the House suspend Courtney Issa Moran (KS) the rules and pass the bill, H.R. 3276, as DAVIS) that the House suspend the Crenshaw Jackson (IL) Moran (VA) rules and pass the bill, H.R. 1849, as Crowley Jackson-Lee Murphy (CT) amended. amended. Cuellar (TX) Murphy (NY) This is a 5-minute vote. The vote was taken by electronic de- Culberson Jenkins Murphy, Tim The vote was taken by electronic de- Cummings Johnson (GA) Murtha vice, and there were—yeas 418, nays 1, Dahlkemper Johnson (IL) Myrick vice, and there were—yeas 400, nays 17, not voting 14, as follows: Davis (AL) Johnson, E. B. Napolitano not voting 16, as follows:

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12427 [Roll No. 863] Paulsen Sanchez, Loretta Terry rageous decision to risk their lives in Payne Sarbanes Thompson (CA) the service of our Nation. The Presi- YEAS—400 Perlmutter Scalise Thompson (MS) Perriello Schakowsky Thompson (PA) dent went on to say it’s horrifying that Abercrombie DeGette Kind Peters Schauer Thornberry they should come under fire at an Ackerman Delahunt King (IA) Peterson Schiff Tiahrt Adler (NJ) DeLauro King (NY) Army base on American soil. Petri Schmidt Tiberi Akin Dent Kirk I know that all of us are extraor- Pingree (ME) Schock Tierney Alexander Diaz-Balart, L. Kirkpatrick (AZ) Pitts Schrader Titus dinarily saddened and shocked by this Altmire Diaz-Balart, M. Kissell Platts Schwartz Tonko incident. Our hearts, our minds, our Andrews Dicks Klein (FL) Polis (CO) Scott (GA) Towns Arcuri Dingell Kline (MN) prayers go out to the families of all of Pomeroy Scott (VA) Tsongas those whose lives have been lost and Austria Doggett Kosmas Posey Serrano Turner Baca Donnelly (IN) Kratovil Price (GA) Sessions Upton our prayers for their wholeness and Bachmann Doyle Kucinich Price (NC) Sestak Van Hollen health go out to those who have been Baird Dreier Lance Putnam Shea-Porter Vela´ zquez Baldwin Driehaus Langevin injured. Quigley Sherman Visclosky Now, Madam Speaker, I yield to Con- Barrett (SC) Duncan Larsen (WA) Radanovich Shimkus Walden Barrow Edwards (MD) Larson (CT) Rahall Shuler Walz gressman CARTER in whose district Bartlett Edwards (TX) Latham Rangel Shuster Wamp Fort Hood is located. Barton (TX) Ehlers LaTourette Rehberg Simpson Wasserman Mr. CARTER. I thank the gentleman Bean Ellsworth Latta Reichert Sires Schultz for yielding. Becerra Emerson Lee (CA) Reyes Skelton Waters Berkley Engel Lee (NY) Richardson Slaughter Watson Madam Speaker, we have had a trag- Berman Eshoo Levin Rodriguez Smith (NE) Watt edy in my district. I am very sad to re- Berry Etheridge Lewis (CA) Roe (TN) Smith (NJ) Waxman port that the latest report that I have Biggert Fallin Lewis (GA) Rogers (AL) Smith (TX) Weiner received from Fort Hood, we have 12 Bilbray Farr Linder Rogers (KY) Smith (WA) Welch Bilirakis Fattah Lipinski Rohrabacher Snyder Wexler Americans dead, 32 wounded. They Bishop (GA) Filner LoBiondo Ros-Lehtinen Souder Whitfield have all been shipped to Scott & White Bishop (NY) Fleming Loebsack Roskam Space Wilson (OH) Hospital in Temple, and they are call- Bishop (UT) Fortenberry Lofgren, Zoe Ross Speier Wilson (SC) ing for blood; so there are obviously Blackburn Foster Lowey Rothman (NJ) Spratt Wittman Blumenauer Foxx Lucas Roybal-Allard Stearns Wolf some very serious wounds involved in Blunt Frank (MA) Luetkemeyer Ruppersberger Sullivan Woolsey the wounded. Boccieri Franks (AZ) Luja´ n Rush Sutton Wu There is one shooter that has been Boehner Frelinghuysen Lummis Ryan (OH) Tanner Yarmuth confirmed who has since died, but he Bonner Fudge Lungren, Daniel Ryan (WI) Taylor Young (AK) Bono Mack Gallegly E. Salazar Teague Young (FL) has been confirmed, and there are two Boozman Garamendi Lynch other people in custody. Boren Garrett (NJ) Mack NAYS—17 We do not know the nature of this at- Boswell Gerlach Maffei Broun (GA) Jordan (OH) Rooney Boucher Giffords Maloney tack, but it is a serious attack on our Campbell Kingston Royce Boustany Gingrey (GA) Manzullo warfighters. These are people at Fort Chaffetz Lamborn Sensenbrenner Boyd Gonzalez Marchant Conaway Paul Hood, most of whom have been de- Brady (TX) Goodlatte Markey (CO) Shadegg Flake Pence Westmoreland ployed four times. Braley (IA) Gordon (TN) Markey (MA) Hensarling Poe (TX) So it is a real tragedy that these Bright Granger Marshall Brown (SC) Graves Massa NOT VOTING—16 families are losing loved ones, and I Brown, Corrine Grayson Matheson would hope that we could have a mo- Aderholt Forbes Rogers (MI) Brown-Waite, Green, Al Matsui Bachus Gohmert ´ ment of silence not only for those who Ginny Green, Gene McCarthy (CA) Sanchez, Linda Brady (PA) Johnson, Sam have died and those who are wounded Buchanan Griffith McCarthy (NY) T. Capuano Murphy, Patrick Burgess Grijalva McCaul Stark but also for their families. Deal (GA) Nadler (NY) Burton (IN) Guthrie McClintock Stupak Mr. HOYER. Madam Speaker, I join Ellison Nunes Butterfield Gutierrez McCollum Mr. CARTER in asking for this moment Buyer Hall (NY) McCotter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE of silence. And as we do, we remember Calvert Hall (TX) McDermott Camp Halvorson McGovern The SPEAKER pro tempore (during all of those in our Armed Forces, Cantor Hare McHenry the vote). There are 2 minutes remain- whether they are here in America, they Cao Harman McIntyre ing in this vote. are in uniform or in civilian service in Capito Harper McKeon the defense of our country. Capps Hastings (FL) McMahon b 1806 Cardoza Hastings (WA) McMorris Obviously, these brave souls were the Carnahan Heinrich Rodgers Messrs. PENCE, LAMBORN, and objects as members of our Armed Carney Heller McNerney WESTMORELAND changed their vote Forces. And as we rise in a moment of Carson (IN) Herger Meek (FL) Carter Herseth Sandlin Meeks (NY) from ‘‘aye’’ to ‘‘no.’’ silence to them, we remember as well Cassidy Higgins Melancon So (two-thirds being in the affirma- all of those brave men and women who Castle Hill Mica tive) the rules were suspended and the are serving around the world to main- Castor (FL) Himes Michaud bill, as amended, was passed. tain peace, security, and freedom. Chandler Hinchey Miller (FL) Childers Hinojosa Miller (MI) The result of the vote was announced The SPEAKER. The Members and Chu Hirono Miller (NC) as above recorded. those in the gallery will please rise and Clarke Hodes Miller, Gary A motion to reconsider was laid on observe a moment of silence in mem- Clay Hoekstra Miller, George the table. ory of the victims of violence at Fort Cleaver Holden Minnick Hood. Clyburn Holt Mitchell f Coble Honda Mollohan f Coffman (CO) Hoyer Moore (KS) MOMENT OF SILENCE FOR THE LEGISLATIVE PROGRAM Cohen Hunter Moore (WI) VICTIMS OF VIOLENCE AT FORT Cole Inglis Moran (KS) (Mr. CANTOR asked and was given Connolly (VA) Inslee Moran (VA) HOOD permission to address the House for 1 Conyers Israel Murphy (CT) (Mr. HOYER asked and was given Cooper Issa Murphy (NY) minute.) Costa Jackson (IL) Murphy, Tim permission to address the House for 1 Mr. CANTOR. Mr. Speaker, I yield to Costello Jackson-Lee Murtha minute.) the majority leader, the gentleman Courtney (TX) Myrick Mr. HOYER. Ladies and gentlemen, I Crenshaw Jenkins Napolitano from Maryland, so that he may inform Crowley Johnson (GA) Neal (MA) rise with the extraordinarily sad and the House on what to expect about this Cuellar Johnson (IL) Neugebauer wrenching news that 12 of our people at weekend’s schedule. Culberson Johnson, E. B. Nye Fort Hood have been killed today by a Mr. HOYER. I thank the gentleman Cummings Jones Oberstar Dahlkemper Kagen Obey gunman or more and 31 others were for yielding. Davis (AL) Kanjorski Olson wounded. Ladies and gentlemen of the House, Davis (CA) Kaptur Olver President Obama called the incident as the House well knows, we are con- Davis (IL) Kennedy Ortiz a horrific outburst of violence, and he templating the consideration of the Davis (KY) Kildee Pallone Davis (TN) Kilpatrick (MI) Pascrell went on to say these are men and Health Care for All Americans Act on DeFazio Kilroy Pastor (AZ) women who made the selfless and cou- Saturday. We will be considering the

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12428 CONGRESSIONAL RECORD — HOUSE November 5, 2009 amendments on the chemical protec- RECORDED VOTE McMahon Price (GA) Smith (NE) McMorris Price (NC) Smith (NJ) tion bill that we are now considering Ms. MCCOLLUM. Mr. Speaker, I de- Rodgers Putnam Smith (TX) tomorrow. We will consider perhaps mand a recorded vote. McNerney Quigley Smith (WA) some other suspensions as well. A recorded vote was ordered. Meek (FL) Radanovich Snyder My expectation is that on Saturday Meeks (NY) Rahall Souder The SPEAKER pro tempore. This is a we will convene at 9 o’clock in the Melancon Rangel Space 5-minute vote. Mica Rehberg Speier morning. I expect to have five 1-minute Michaud Reichert Spratt speeches on each side, as we usually do The vote was taken by electronic de- Miller (FL) Reyes Stearns on Friday and the end of the week. We vice, and there were—yeas 409, nays 0, Miller (MI) Richardson Sullivan not voting 24, as follows: Miller (NC) Rodriguez Sutton will then go to the rule on the health Miller, Gary Roe (TN) Tanner care bill, and then it is my expectation [Roll No. 864] Miller, George Rogers (AL) Taylor we will have consideration of the AYES—409 Minnick Rogers (KY) Teague health care bill and the Republican Mitchell Rohrabacher Terry Abercrombie Crenshaw Holden Mollohan Rooney Thompson (CA) substitute. Ackerman Crowley Holt Moore (KS) Ros-Lehtinen Thompson (MS) It is my expectation that if we pro- Adler (NJ) Cuellar Honda Moore (WI) Roskam Thompson (PA) ceed apace and come to a vote and dis- Akin Culberson Hunter Moran (KS) Ross Thornberry position on that piece of legislation, Alexander Cummings Inglis Moran (VA) Rothman (NJ) Tiahrt Altmire Dahlkemper Inslee Murphy (CT) Roybal-Allard Tiberi that we would then adjourn Saturday Andrews Davis (AL) Israel Murphy (NY) Royce Tierney at whatever hour we complete our Arcuri Davis (CA) Issa Murphy, Tim Ruppersberger Titus work and that the adjournment would Austria Davis (IL) Jackson (IL) Murtha Rush Tonko Baca Davis (KY) Jackson-Lee be to the 16th of November, the Mon- Myrick Ryan (OH) Towns Bachmann Davis (TN) (TX) Napolitano Ryan (WI) Tsongas day of the following week. Baird DeFazio Jenkins Neal (MA) Salazar Turner We will convene on the 16th at 6:30 Baldwin Delahunt Johnson (GA) Neugebauer Sanchez, Loretta Upton p.m. and meet through Friday of that Barrett (SC) Dent Johnson (IL) Nye Sarbanes Van Hollen Barrow Diaz-Balart, L. Johnson, E. B. week. It is my expectation, as I have Oberstar Scalise Vela´ zquez Bartlett Diaz-Balart, M. Jones Obey Schakowsky Visclosky indicated, that we would be off the fol- Barton (TX) Dicks Jordan (OH) Olson Schauer Walden lowing week, which is Thanksgiving Bean Dingell Kagen Olver Schiff Walz week. Becerra Doggett Kanjorski Ortiz Schmidt Wamp Berkley Donnelly (IN) Kaptur That’s my present plan, which oft go Pallone Schock Wasserman Berman Doyle Kennedy Pascrell Schrader Schultz awry, as all of us know, but that is my Berry Dreier Kildee Pastor (AZ) Schwartz Waters present plan for the balance of the Biggert Driehaus Kilpatrick (MI) Paul Scott (GA) Watson month. Bilbray Duncan Kilroy Paulsen Scott (VA) Watt Bilirakis Edwards (MD) Kind Mr. CANTOR. I thank the gentleman. Payne Sensenbrenner Waxman Bishop (GA) Edwards (TX) King (IA) Pence Serrano Weiner I would just like to ask the gen- Bishop (NY) Ehlers King (NY) Perlmutter Sessions Welch tleman for a point of clarification, our Bishop (UT) Ellison Kingston Perriello Sestak Westmoreland Members can count on a vote on final Blackburn Ellsworth Kirk Peters Shadegg Wexler passage on the health care bill on Sat- Blumenauer Emerson Kirkpatrick (AZ) Peterson Shea-Porter Whitfield Blunt Engel Kissell Petri Sherman Wilson (OH) urday and, upon having done that, can Boccieri Eshoo Klein (FL) Pingree (ME) Shimkus Wilson (SC) anticipate being able to leave some- Boehner Etheridge Kline (MN) Pitts Shuler Wittman time Saturday night or Sunday? Bonner Fallin Kosmas Platts Shuster Wolf I yield. Bono Mack Farr Kratovil Poe (TX) Simpson Wu Boozman Fattah Kucinich Polis (CO) Sires Yarmuth Mr. HOYER. I thank the gentleman Boren Filner Lamborn Pomeroy Skelton Young (AK) for yielding. Boswell Flake Lance Posey Slaughter Young (FL) That would be my expectation. Boucher Fleming Langevin Boustany Fortenberry Larsen (WA) NOT VOTING—24 Again, I want to clarify and make sure Boyd Foster Larson (CT) Aderholt DeGette Nunes that everybody understands it is our Braley (IA) Foxx Latham Bachus DeLauro Rogers (MI) Bright Frank (MA) LaTourette intent to finish the health care bill, Brady (PA) Forbes ´ Broun (GA) Franks (AZ) Latta Sanchez, Linda but assuming that we finish the health Brady (TX) Gohmert Brown (SC) Frelinghuysen Lee (CA) T. Capuano Hodes care bill sometime Saturday, Saturday Brown, Corrine Fudge Lee (NY) Stark Carter Hoyer night, or early Sunday morning, it Brown-Waite, Gallegly Levin Stupak Chandler Johnson, Sam Ginny Garamendi Lewis (CA) Woolsey would be my expectation there would Conyers Murphy, Patrick Buchanan Garrett (NJ) Lewis (GA) be no further business until the 16th. Deal (GA) Nadler (NY) Mr. CANTOR. I thank the gentleman. Burgess Gerlach Linder Burton (IN) Giffords Lipinski ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE f Butterfield Gingrey (GA) LoBiondo Buyer Gonzalez Loebsack The SPEAKER pro tempore (during ANNOUNCEMENT BY THE SPEAKER Calvert Goodlatte Lofgren, Zoe the vote). There are 2 minutes remain- PRO TEMPORE Camp Gordon (TN) Lowey ing in this vote. Campbell Granger Lucas The SPEAKER pro tempore (Mr. Cantor Graves Luetkemeyer LARSEN of Washington). Without objec- Cao Grayson Luja´ n b 1750 tion, 5-minute voting will continue. Capito Green, Al Lummis There was no objection. Capps Green, Gene Lungren, Daniel So (two-thirds being in the affirma- Cardoza Griffith E. tive) the rules were suspended and the f Carnahan Grijalva Lynch resolution was agreed to. Carney Guthrie Mack NATIONAL FAMILY LITERACY DAY Carson (IN) Gutierrez Maffei The result of the vote was announced The SPEAKER pro tempore. The un- Cassidy Hall (NY) Maloney as above recorded. Castle Hall (TX) Manzullo A motion to reconsider was laid on finished business is the question on Castor (FL) Halvorson Marchant suspending the rules and agreeing to Chaffetz Hare Markey (CO) the table. the resolution, H. Res. 878. Childers Harman Markey (MA) The Clerk read the title of the resolu- Chu Harper Marshall f Clarke Hastings (FL) Massa tion. Clay Hastings (WA) Matheson The SPEAKER pro tempore. The Cleaver Heinrich Matsui HONORING MONICA RODRIGUEZ question is on the motion offered by Clyburn Heller McCarthy (CA) the gentleman from New York (Mr. Coble Hensarling McCarthy (NY) (Ms. CHU asked and was given per- Coffman (CO) Herger McCaul mission to address the House for 1 BISHOP) that the House suspend the Cohen Herseth Sandlin McClintock rules and agree to the resolution, H. Cole Higgins McCollum minute.) Res. 878. Conaway Hill McCotter Ms. CHU. Madam Speaker, I rise The question was taken. Connolly (VA) Himes McDermott today to honor Monica Rodriguez from The SPEAKER pro tempore. In the Cooper Hinchey McGovern El Monte, California. Monica was a Costa Hinojosa McHenry opinion of the Chair, two-thirds being Costello Hirono McIntyre wife, mother of three children, and 5 in the affirmative, the ayes have it. Courtney Hoekstra McKeon months pregnant. Monica went twice

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12429 to a hospital in El Monte with flu er with a champion’s heart. Although where it should have been in the 20th symptoms, including flu, fever, conges- Brandon had been active in sports and century but catching up. The AARP tion, and cough. She was sent away had annual physical exams, his cancer has recently endorsed the bill because with cough syrup. Days later, Monica went undetected for 2 years. During his they know that it helps senior citizens. was admitted into intensive care, but illness, Brandon dedicated himself to It will guarantee that the rates don’t it was too late, and Monica passed raising awareness about the warning go up and the doughnut hole will be away on October 25 due to complica- signs of testicular cancer. One year ago closed. tions from the H1N1 virus. this month, Brandon lost a hard-fought My local alternative paper, the Mem- Monica was a pregnant woman with battle with testicular cancer at the phis Flyer, had a feature story, Young flu-like symptoms that should have set young age of 19. People and Health Insurance. Most off alarm bells. Despite multiple visits Madam Speaker, I stand here today young people don’t have health insur- to the hospital, she was denied treat- not only to share with you Brandon’s ance. They think they’re invincible, ment that could have saved her life. story but to recognize the efforts of they don’t necessarily have jobs, and The Centers for Disease Control issued Jim and Kristen Ballard to carry on they can’t stay on their parents’ pol- guidelines for health care providers Brandon’s work. With the support of icy. When this bill passes, Madam that said, ‘‘Pregnant women are at Senator Mike Jacobs, the Ballards lob- Speaker, young people will be able to higher risk for severe complications bied the State assembly to require stay on their parents’ health insurance and death from influenza, including health classes to teach the signs and policies until they’re 27, filling a great both 2009 H1N1 influenza and seasonal symptoms of testicular cancer and en- void. Most parents don’t like the idea influenza.’’ If the El Monte hospital courage screenings of male athletes. I of their children not having health in- had followed these guidelines, her trag- am proud to say that their hard work surance. ic death could have been avoided. Her paid off in August when Governor Pat This will help the young and the old. husband, Jorge Gonzalez, wants others Quinn signed Brandon’s Law. It will help all of America. It is, indeed, to know about his wife’s death so that Madam Speaker, I commend the America’s bill. I will proudly vote for they can receive proper care. Ballard family for turning the tragic it. In memory of Monica Rodriguez, I loss of their son into an opportunity to f will introduce a resolution alerting save the lives of young men. people so no other person will need- b 1815 lessly die in this manner. f SPECIAL ORDERS f AMERICANS OPPOSE SANCTUARY CITIES The SPEAKER pro tempore (Mrs. TRIBUTE TO THE 2009 EDINA DAHLKEMPER). Under the Speaker’s an- (Mr. SMITH of Texas asked and was GIRLS TENNIS TEAM nounced policy of January 6, 2009, and given permission to address the House (Mr. PAULSEN asked and was given under a previous order of the House, for 1 minute and to revise and extend permission to address the House for 1 the following Members will be recog- his remarks.) minute and to revise and extend his re- nized for 5 minutes each. Mr. SMITH of Texas. Madam Speak- marks.) er, a recent Rasmussen Report shows f Mr. PAULSEN. Madam Speaker, I The SPEAKER pro tempore. Under a rise to pay tribute to the Edina High that 68 percent of U.S. voters oppose previous order of the House, the gen- School girls tennis team who won the the creation of sanctuary cities that tleman from Indiana (Mr. BURTON) is Minnesota 2–A State Championship give safe haven to illegal immigrants. recognized for 5 minutes. just last week. Their final victory, a 6– And by a 5–2 margin, voters say sanc- (Mr. BURTON of Indiana addressed 1 triumph over a strong Elk River tuary policies that protect illegal im- the House. His remarks will appear team, continued a string of dominance migrants lead to an increase in crime. hereafter in the Extensions of Re- by the Edina program that has clearly Not only are sanctuary cities un- marks.) become one of the most successful high popular, they are illegal. They are spe- school athletic programs in the entire cifically prohibited in the Illegal Immi- f gration Reform and Immigrant Respon- State of Minnesota. TAX TAX TAX The Hornets’ victory marked the 13th sibility Act of 1996. But the Obama ad- The SPEAKER pro tempore. Under a consecutive State tennis champion- ministration has not held any jurisdic- previous order of the House, the gen- ship, a streak in which Edina has im- tions that adopt and maintain sanc- tleman from Texas (Mr. POE) is recog- pressively won 248 of their past 249 dual tuary policies responsible. nized for 5 minutes. matches. Led by coach Steve Paulsen, It’s no wonder that a recent CNN/ Mr. POE of Texas. Madam Speaker, the Hornets finished the 2009 season Opinion Research poll found that 58 there are brand new ways to tax people with a record of 24–0 in dual matches. percent of respondents disapproved of To all of the student athletes, to the the President’s handling of illegal im- in this Federal health care bill. Ac- coaches and the parents, I offer my migration while only 36 percent ap- cording to the Americans for Tax Re- congratulations on a great accomplish- prove. And his poll numbers aren’t form, these new health care taxes will ment and for an impressive run of going to be helped if taxpayers sub- affect everyone. There are at least $700 championships that is truly a tribute sidize illegal immigrants in the health billion in taxes in this takeover. It to everyone involved. The streak is care bill that we are considering this taxes small businesses; it taxes individ- still alive, and I am proud to represent week. uals. a school and athletics program with Rather than flout the will of the For the first time in history, Con- such a longstanding commitment to American people, the White House gress is going to require individuals to success. should heed their advice and enforce buy something. If this health care bill our Nation’s immigration laws. passes, citizens will be required to buy f f government-approved health insurance. BRANDON’S LAW If they don’t buy that government-ap- HEALTH CARE REFORM IS GOOD (Mr. HARE asked and was given per- proved health insurance, they are FOR AMERICA mission to address the House for 1 going to have to pay a criminal fine. minute.) (Mr. COHEN asked and was given per- That violates the Fifth Amendment of Mr. HARE. Madam Speaker, I rise mission to address the House for 1 the United States Constitution, the today to honor the life of Brandon minute.) due process clause. Ballard of Taylor Ridge, Illinois, and to Mr. COHEN. Madam Speaker, this If someone owns a small business, support testicular cancer education, weekend this House will be the scene of they will be required to pay about the best medicine to fight the most a debate on the most important bill three-quarters of the cost of health in- common cancer in young men. that has faced this Congress and this surance for their employees, whether Madam Speaker, Brandon Ballard country since 1965, and that is health they can afford it or not. Employees was a star high school basketball play- care, putting out country on a path would be required to pay the rest of the

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12430 CONGRESSIONAL RECORD — HOUSE November 5, 2009 government-approved health insurance, can’t afford a government-run health They provide free schooling and often whether they can afford it or not. insurance policy at this time because it free meals for students. They offer The government decides what a per- costs too much. The people can’t afford scholarships for the best pupils. What I son can and cannot afford. Employers all these new taxes and seniors can’t don’t see is similar numbers of Amer- and employees who don’t buy the gov- afford to have a half trillion dollars cut ican-backed schools. It breaks my ernment-approved insurance then have out of their Medicare. heart that we don’t invest in schools as to pay this fine. This is a criminal pen- This government takeover of health much as medieval, misogynist extrem- alty on citizens. care is just in time for Thanksgiving. ists.’’ There is also a new tax hike on flexi- Hopefully the American people won’t He then goes on to say that ‘‘for ble spending accounts and health sav- be the turkey served up on the plate of roughly the same cost as stationing ings accounts. Right now people can government-run health care reform. 40,000 troops in Afghanistan for 1 year, put as much pretax money as they And that’s just the way it is. we could educate the great majority of want into one of these accounts to help f the 75 million children worldwide who pay for insurance. These accounts will are not getting even a primary edu- The SPEAKER pro tempore. Under a get a $1.3 billion new tax. The new gov- cation. Such a vast global education previous order of the House, the gen- ernment-run health care bill won’t let campaign would reduce poverty, cut tleman from New York (Mr. TOWNS) is anyone buy over-the-counter drugs out birth rates, improve America’s image recognized for 5 minutes. of these accounts. All of the medicines in the world, promote stability and (Mr. TOWNS addressed the House. that have been made easier to buy chip away at extremism.’’ His remarks will appear hereafter in without a prescription are now going Madam Speaker, I hope that Presi- the Extensions of Remarks.) to be taxed. Now why, Madam Speaker, dent Obama will keep this in mind as would the government discourage peo- f he reviews his options on Afghanistan ple from taking care of themselves and LET’S HELP THE AFGHAN PEOPLE and makes his decisions in the coming having these health savings accounts? TO REJECT VIOLENT EXTREMISM weeks. America simply cannot afford The new health care bill also makes to rely on our military power alone, be- other legal tax deductions now illegal. The SPEAKER pro tempore. Under a cause that strategy plays right into This new tax is called the economic previous order of the House, the gentle- the hands of the extremists. Our heavy substance doctrine. Under this new woman from California (Ms. WOOLSEY) military footprint is feeding the insur- health care bill, the IRS would be able is recognized for 5 minutes. gency in Afghanistan, not weakening to decide what a person was thinking Ms. WOOLSEY. Madam Speaker, the it. when they bought something and they last 8 years has taught us a very hard By changing the mission to empha- deducted it from their income tax as a lesson. There is no military solution to size education and the other tools that business expense. Afghanistan. Escalating the war by can give the Afghan people a real stake What that means is my friend sending in tens of thousands more in peace, we can stop violent extre- Sammy Mahan in Baytown, Texas, troops will not defeat violent extre- mism in its tracks. And we can keep buys a new wrecker truck for his tow mism in that country. our troops safer and build a more truck business, and he writes it off on That’s why I have urged President peaceful world for our children and our his income tax as a business expense. Obama to change the mission in Af- grandchildren. The IRS would be able to decide what ghanistan. We must abandon the mili- f he was really thinking when he bought tary-only strategy that has failed us The SPEAKER pro tempore. Under a that wrecker truck. If the IRS decides and that we must begin to emphasize previous order of the House, the gen- humanitarian aid, economic develop- he bought that new wrecker just to go tleman from Kansas (Mr. MORAN) is fishing in it, they won’t allow the tax ment, reconstruction, better health recognized for 5 minutes. write-off. And the IRS decides what he care and education. These are the tools (Mr. MORAN of Kansas addressed the was thinking, not what he says. In fact, that the Afghan people need to improve House. His remarks will appear here- the IRS is presumed to know what he their lives and to reject extremism. after in the Extensions of Remarks.) Nicholas Kristof of the New York was thinking when he lawfully wrote f off that truck as a business expense. Times wrote a column last week enti- These thought police may not approve tled, ‘‘More Schools, Not Troops.’’ His HEALTH CARE his lawful tax deduction. This new rule article makes the case for changing our The SPEAKER pro tempore. Under a not only penalizes Sammy for his mission very well. In his column, previous order of the House, the gen- thoughts, it penalizes him for what the Kristof writes that investments in edu- tleman from Washington (Mr. government thinks his thoughts were; cation, health and agriculture ‘‘have a HASTINGS) is recognized for 5 minutes. what Sammy was really thinking when better record at stabilizing societies Mr. HASTINGS of Washington. he bought that wrecker truck anyway than military solutions, which have a Madam Speaker, the Democrat health and claimed that lawful tax. pretty dismal record.’’ bill is not about lowering costs or mak- Having tax thought police is strange Education is especially important, he ing health care more affordable, it’s enough, but what this is doing in a says. He argues that ‘‘schools are not a about government control and higher health care bill in the first place quick fix, but we have abundant evi- spending. It’s about a government makes no sense. This ought to be in a dence that they can, over time, trans- takeover of our health care system. It separate piece of legislation to begin form countries.’’ follows that it’s about the Federal Gov- with. Do the taxacrats really think He gave Pakistan and Bangladesh as ernment deciding how, where and when people will go out and have a heart examples of that. The United States you get your health care. valve replacement just to write it off has spent $15 billion in Pakistan, At its most basic, the bill creates a their income tax? Madam Speaker, since 9/11, mostly on government-run health insurance sys- But there’s also more. There is a new military support. Yet Pakistan is more tem that will end private health insur- tax on medical devices, a 2.5 percent unstable than ever and al Qaeda has ance options and, in doing so, will force tax on things like pacemakers and found a home there. Americans to purchase coverage only wheelchairs and hip replacement de- Meanwhile, Bangladesh, once a part from a government-controlled pro- vices and new heart valves, lawful tax of Pakistan, has made major invest- gram. The Federal Government would deductions for medical expenses that ments in education, especially for therefore decide which health care will be outlawed under this bill. So the girls. This has spurred economic plans are acceptable. A Federal com- tax thought police could not only deny growth, which has helped keep al missioner would decide which health a tax deduction for that heart valve re- Qaeda out of that country. care benefits are offered and how much placement, but they could turn around Kristof also writes that ‘‘when I trav- is to be charged for those benefits. The and tax that new heart valve as well. el in Pakistan, I see evidence that one proposed Medicare cuts would elimi- Madam Speaker, people are hurting group, the extremists, believes in the nate options for seniors and place re- out there in their pocketbooks and we transformative power of education. cipients under a Medicare without

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12431 choices, choices like the current Medi- focuses on lowering costs by expanding Contrast this with the Democratic care Advantage program. health care choices and tools to help proposal, which will cut the deficit by In page after page of this massive families save, making it easier for $104 billion over the next 10 years. For bill, Federal health programs are ex- small businesses to afford and offer the Republicans who sound off about panded while private health care is re- health care; ending lawsuit abuse; and, fiscal responsibility all the time, the stricted. In section after section, per- Madam Speaker, more importantly, Democratic proposal is clearly the sonal health care choices dwindle, and protecting the doctor-patient relation- more responsible for deficit reduction. Federal control over decisions that ship from government intrusion. The Republican plan purports to end should be made by you and your doctor f ‘‘junk lawsuits.’’ However, the focus is solely on capping certain damages for increase. HEALTH CARE One of the most striking examples, pain and suffering. This is an old ap- Madam Speaker, begins on page 481. The SPEAKER pro tempore. Under a proach, and it will help insurance com- The Democrat bill arbitrarily bars doc- previous order of the House, the gen- panies flaunt State consumer protec- tors from opening new doctor-owned tleman from Washington (Mr. tion laws. hospitals, including the 124 hospitals MCDERMOTT) is recognized for 5 min- The Democratic proposal, on the that are currently under construction, utes. other hand, would ensure providers are and it severely restricts the existing Mr. MCDERMOTT. Madam Speaker, accountable for providing quality care we have been waiting for 10 months for 235 doctor-owned hospitals like the by developing payment policies that the Republican health care plan. All we Wenatchee Valley Medical Center in have quality as a central tenet of reim- hear is the Party of No—no, no, no; go my district from expanding their serv- bursement. The Democratic proposal slow; don’t do anything. That’s all ices. seeks to recognize the autonomy of we’ve heard. But, finally, they came The Wenatchee Valley Medical Cen- States. out with a plan, and I thought we ter is a top-rated hospital that serves a The CBO found that the Republican ought to take it seriously and read it, rural underserved area. It was founded plan would have virtually no effect on so I did. in 1940 by three doctors and today is reducing premiums in the large group owned by 150 doctors, each with an b 1830 market in which most Americans are equal share. The medical center em- Sadly, the proposal from my Repub- involved, where most people purchase ploys 1,500 people; serves a population lican colleagues was not worth the their health insurance. Contrast this with the Democratic of a quarter of a million people in an wait, and CBO agrees. area the size of the State of Maryland; The Congressional Budget Office in- proposal that seeks to increase trans- and treats 150,000 patients a year, half dicated that the Republican bill will parency with regard to insurance pre- mium increases and decrease the of whom are Medicare and Medicaid re- not—will not—significantly decrease amount insurers can dedicate to prof- cipients. the ranks of the uninsured. Instead, Democrats, though, have decided under the Republican proposal, the its. The Democratic proposal ends the that doctors cannot own hospitals re- ranks of the uninsured will decrease by antitrust exemption for insurers, which gardless of the quality of care or degree only 3 million people, leaving 52 mil- has caused a significant lack of com- of need. Under the Democrat bill, doc- lion people without coverage. petition in the insurance marketplace tor-owned hospitals would face unprec- Contrast that with the Democratic whereby one or two insurers provide edented reporting requirements, pun- proposal, which covers 96 percent of all Americans. virtually all of the coverage for enroll- ishing new restrictions and strict limi- ees in some markets. This is focused tations on their ability to expand. In The Republican proposal would not address the ability of insurance compa- insurance reform rather than business fact, with the exception of a small as usual, which the Republicans seek handful of facilities selected by Demo- nies to exclude individuals based upon preexisting conditions. According to to promote. crat leaders, hospitals that are owned The Republican plan was introduced by doctors are barred from growing, the Republican leadership, they pur- posely failed to address this issue be- to the world on November 4, 2009, after barred from adding even a single hos- being slapped together because they re- pital bed ever. cause it supposedly cost too much. The Democratic proposal would pro- alized that something was going to Madam Speaker, something is very, happen out here and they had no alter- very wrong when this Congress is hibit insurers from excluding individ- uals from purchasing health insurance native to saying no. It has all the fail- blocking access to health care, banning ures I have described relative to the new hospitals and blocking the growth based on preexisting conditions by 2013. The Republican proposal would allow Democratic proposal. of top-quality facilities because they insurance companies to sell insurance Contrast this with what has been a are simply doctor owned. But now the across State lines. Sounds like a good deliberative, thoughtful process that position of Democrats in charge of idea. But most experts agree that that has created a bill that has been re- writing health policy in this House is would create a ‘‘race to the bottom,’’ ported out of three committees and is very, very clear: They want to outlaw where insurers will set up shops in at the precipice of enacting the most all doctor-owned hospitals, period. States with the fewest consumer pro- far-reaching, consequential health re- Madam Speaker, we are headed down tections. form in a century. a very dangerous road when the Fed- Contrast that with the Democratic The American people have been wait- eral Government is getting in the busi- proposal, which will allow insurance ing for 100 years. They got the Repub- ness of deciding who can and who can- companies to sell insurance across lican proposal a day or so ago, and it is not own a hospital. But I am convinced State lines so long as the States in- totally inadequate. Despite claims of that this is only the start. A Democrat volved have set up interstate compacts. my Republican colleagues to the con- Ways and Means subcommittee chair- Under these interstate compacts, par- trary, in all aspects, the Democratic man was quoted this week as saying, ticipating States would ensure con- proposal is simply better. It will pro- ‘‘Get your toe in, get your knee in, get sumer protections would be followed vide universal coverage, and I hope your shoulder in, and pretty soon and monitored at all times. that the Republicans can see the wis- you’re in the room.’’ This is a blunt ad- Now, the Republicans got this one dom of voting for it this Saturday. mission that if Democrats succeed with pretty close to right. They will allow It provides nearly universal coverage, deficit this government takeover, those in dependents to remain on their parents’ reduction, and reforms designed to effectuate Washington, D.C. will already have big- insurance until they are age 26. cost control over the next decade. ger plans to seize even more control of Contrast that with the Democratic My Republican colleagues have tunnel vi- every American’s health care. proposal, which keeps them on until sion and are focused on what they believe to Madam Speaker, I don’t think that’s age 27. So they copied us at least on be the one positive about their bill: it costs where America wants to go. There is a that point. less than the Democratic proposal. Well, it still better solution, and it doesn’t involve The Republican proposal will cut the costs $8 billion, and insures virtually no one penalizing hospitals, raising taxes or deficit by $68 billion over the next 10 according to multiple media outlets as well as cutting Medicare. The plan I support years. Sounds great, right? the CBO.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 9920 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12432 CONGRESSIONAL RECORD — HOUSE November 5, 2009 The Republican plan ensures that insurance Tennessee, Rip Noble, talked of version, there are now 111 Federal Gov- companies maintain the status quo in the in- Danny’s service to his Lord, Jesus ernment agencies and programs con- surance market, and provides no consumer Christ. Danny wanted others to experi- tained in this legislation, which will protections. Sometimes, you get what you pay ence the relationship he had with his cost the American taxpayers and our for. Lord, so he constantly invited those he senior citizens more than $1.1 trillion. f met to come worship with him. And That is the official government esti- The SPEAKER pro tempore. Under a then he would make sure that those mate. There are many health care ex- previous order of the House, the gen- people were welcomed into the service, perts who say that the implementation tleman from North Carolina (Mr. first by himself, and then by the pas- of this legislation will cost far, far more. JONES) is recognized for 5 minutes. tor. (Mr. JONES addressed the House. His When regular members hadn’t at- As an example, many have pointed to remarks will appear hereafter in the tended in a while, Danny would call the projected cost of Medicare when it was enacted in 1965. It was projected Extensions of Remarks.) them and make sure that everything that it would cost $10 billion to $12 bil- f was all right and invite them back. In- deed, in large part due to Danny’s ef- lion 25 years later; but by the end of TRIBUTE TO DANNY ROY PRICE forts, the church has over 500 members, the 1980s, Medicare was actually cost- The SPEAKER pro tempore. Under a after starting just 5 years ago. ing the American taxpayers more than previous order of the House, the gen- Danny is survived by his wife, Carol; $100 billion. In fact, today it costs more than $400 billion per year; and the tleman from Tennessee (Mr. ROE) is his children, Jennifer and Brent Price; Speaker’s proposal says, well, let’s recognized for 5 minutes. his granddaughter, Neyla Price; his take out of that $400 billion per year. Mr. ROE of Tennessee. Madam brothers, Admiral Price and Keith Let’s take about $40 billion a year, or Speaker, I rise today to pay tribute to Price; and his sister, Judy. 10 percent of that, and divert it to Danny Roy Price, who passed away in I extend our deepest condolences to October at the age of 69. Danny was my other new government programs. the family for their loss, and hope they Well, Madam Speaker, the problem most dedicated volunteer, a trusted can find comfort in the knowledge that with that is that the Medicare program staff member; but, most importantly, Danny was an extraordinary indi- today is faced with enormous chal- he was my friend. He dedicated his life vidual. lenges. The projected unfunded liabil- to his Lord and to the service of others. f ity for Medicare over the lifetime of There are literally countless stories the average American today is more of Danny’s sense of duty and commit- The SPEAKER pro tempore. Under a than $17 trillion, here at a time when ment to service. He served our country previous order of the House, the gen- starting next year senior citizens will in the U.S. Army; and because of that, tleman from New York (Mr. BISHOP) is increase in their numbers dramatically he had a strong connection to every recognized for 5 minutes. because the baby boomers, those born man and woman who served our coun- (Mr. BISHOP of New York addressed the House. His remarks will appear in the years after World War II and up try. until the early 1960s, will be retiring, His wife, Carol, spoke of the day he hereafter in the Extensions of Re- will be reaching eligibility age for helped a veteran and his wife receive marks.) Medicare, and year after year after benefits to which they were entitled f year the number of Medicare-eligible but had never received. When Danny PROS AND CONS OF HEALTH CARE senior citizens will increase dramati- informed them their benefits had been REFORM PROPOSALS cally. approved, they began to tear up and The SPEAKER pro tempore. Under a At the same time that will be occur- weep. Carol said that when Danny re- ring, this Congress is suggesting that it previous order of the House, the gen- turned home that evening, he told her will be okay to take $400 billion out of tleman from Virginia (Mr. GOODLATTE) the story and he too began to weep. I the Medicare program to spend on an is recognized for 5 minutes. am incredibly proud to have had a per- entirely new health care program that Mr. GOODLATTE. Madam Speaker, I son like him serving east Tennessee. is projected to cost $1.1 trillion over 10 rise in opposition to the health care re- In 2007, Danny was named Ten- years, and I suggest will cost far more form bill offered by Speaker PELOSI nessee’s Statesman of the Year by the than that. So Medicare is going to be and the Democratic leadership, which Tennessee House of Representatives. It jeopardized by this legislation, and sen- we anticipate will be voted on possibly was a fitting tribute to Danny, whose ior citizens across this country are before the end of this week, and in sup- incredible attitude and passion I saw aware of that. on display time and time again during port of the commonsense, practical al- They certainly were aware of it in my campaign during 2008 and as we ternative offered by Congressman JOHN Virginia this year, my home State, traveled throughout the district this BOEHNER, the Republican leader in the when they turned out on Tuesday in past year. Everywhere Danny went, he House. very large numbers to send a message was a statesman, greeted and loved by Madam Speaker, this legislation of- to Washington that this health care everyone whose life he touched. He fered by Speaker PELOSI is over 2,000 proposal and other dramatic govern- never wanted the credit. He only want- pages long and contains about 400,000 ment takeovers of sectors of our econ- ed a sense of satisfaction from knowing words. To give you an idea of the mag- omy is unacceptable and it resulted in the job that he had done had been done nitude of this government takeover of a sweep across the elections in Vir- right. the health care system in the United ginia. And in the only two States in On the last day I shared with Danny, States, this legislation uses the word the country where there were Gov- we had a full day of meetings in Bull’s ‘‘shall’’ 3,425 times. When you see the ernors races up this year, New Jersey Gap, Gatlinburg, Morristown, Knox- word ‘‘shall’’ in legislation, you should and Virginia, Democratic Governors ville, and Greeneville, Tennessee, with read a mandate, a requirement, that were replaced by Republican Gov- a variety of doctors and local business- the government is requiring somebody ernors. People are looking to Wash- men and businesswomen. to do something to comply with what ington. But it wasn’t out of the ordinary for people here in Washington know best, There is a story in today’s New York Danny and me. We finished up, and not in terms of what people know is Times entitled ‘‘Democrats to Use Danny told me, Phil, we had a great best for themselves. This legislation Election to Push Agenda in Congress.’’ day. And it was a good day. To Danny, contains that word 3,425 times. It is Well, good luck with that, because I a good day wasn’t getting the personal truly a remarkable, complex govern- can tell you that the people who turned accolades. A good day was traveling up ment takeover. out at the polls in Virginia were not and down the district, getting to know In the original bill offered earlier asking for this agenda to be pushed for- the people, and learning about how he this year, which was 1,000 pages long, ward as a result of what they have been could help them. there was the creation of 53 new Fed- seeing going on in Washington, D.C. In- At his eulogy, Danny’s pastor of Hope eral Government agencies and pro- stead, they want commonsense, bipar- Community Church in Rogersville, grams. In the new improved revised tisan reforms of health care.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12433 Health care is in need of reform. It ment. However, that does not mean just about every military, political or costs too much, and not enough Ameri- Congress should automatically or ethnic dispute all around the world. I cans receive it. The Republican alter- blindly approve the Pentagon’s every know that they want to be considered native provides for that. The Demo- request or never criticize its waste. as great world statesmen, but 8 years cratic alternative does not. Much of what we are doing in Af- in Afghanistan is not only enough, it is far too long. It is time, Madam Speak- f ghanistan is of a civic, charitable or governmental nature, like building er, to come home. It is time to start The SPEAKER pro tempore. Under a putting our own people and our own previous order of the House, the gen- schools and teaching agribusiness. But the Defense Department should not be country first once again. tleman from Oregon (Mr. DEFAZIO) is recognized for 5 minutes. the ‘‘Department of Foreign Aid,’’ or f much of our military primarily a very (Mr. DEFAZIO addressed the House. FIGHTING FOR DEMOCRACY AND His remarks will appear hereafter in large version of the Peace Corps. HUMAN RIGHTS IN CUBA In March, the President promised a the Extensions of Remarks.) ‘‘dramatic increase’’ in our effort in Af- The SPEAKER pro tempore. Under a f ghanistan, including ‘‘agricultural spe- previous order of the House, the gen- cialists and educators, engineers and tleman from Florida (Mr. LINCOLN REASONS TO LEAVE DIAZ-BALART) is recognized for 5 min- AFGHANISTAN lawyers.’’ Why, when we are $12 trillion in debt, are we spending mega-billions utes. Mr. LINCOLN DIAZ-BALART of The SPEAKER pro tempore. Under a in Afghanistan doing practically every- Florida. Madam Speaker, I had the previous order of the House, the gen- thing for them? We are spending money privilege a few days ago to speak by tleman from Tennessee (Mr. DUNCAN) is we do not have on a very unnecessary telephone with one of the great heroes recognized for 5 minutes. war and jeopardizing our own future in Mr. DUNCAN. Madam Speaker, this that fight for democracy and human the process. rights in Cuba, Jorge Luis Garcia morning I was honored to go with five Many people think that all conserv- other Members, three Democrats and Perez, ‘‘Antunez.’’ He is in the city of atives support this war. Well, I believe Placetas in Cuba. His house is sur- three Republicans, to have breakfast at that there are many millions of con- the Pentagon with Secretary of De- rounded by thugs of the dictatorship. servatives who do not and who want us He is continuously harassed, often de- fense Robert Gates. The Secretary is a to bring our troops home, the sooner kind man and this was a very nice tained, has spent 17 years as a political the better. In fact, this war goes very prisoner, and was recently released. thing for him to do. I have great re- much against traditional conservatism. spect for Secretary Gates. Yet he continues his fight, peacefully, When I was in high school, I worked nonviolently, against the totalitarian The purpose of the breakfast was to as a bag boy at an A&P grocery store discuss the situation in Afghanistan. system in Cuba, in that island that has making $1.10 an hour. I sent my first been forgotten by the world, and yet When I got this invitation, I wondered paycheck, $19 and some cents, as a con- if I should go, since I have been very its people continue to suffer under the tribution to the Barry Goldwater cam- yoke of a brutal, totalitarian, night- much opposed to our war there. How- paign. I am still one of the most con- ever, I decided that the only right and marish regime led by a dictator who is servative Members of Congress. infirm now, he is sick. By virtue of fair thing to do was to go listen to But this war has required huge def- what he had to say. that, he has turned over some titles, ti- icit spending, almost half a trillion in tles of power to his brother, but yet he Unfortunately, I still believe that war and war-related costs for Afghani- what we are doing in Afghanistan is a retains, Fidel Castro, retains absolute stan. Fiscal conservatives should be personal power, total power in that to- horrendous waste that we cannot af- the people most upset about this. This ford. I also believe that Afghanistan is talitarian fiefdom. war has spent mega-billions in foreign His brother receives visitors, heads of no realistic threat to us, unless our war aid, because probably at least half of state and has some titles of power, but there continues to anger so many peo- what we have done and are doing there be not mistaken, the totalitarian ple around the world. is of a civic or charitable nature. Tra- power remains in the hands of Fidel George C. Wilson, military columnist ditional conservatives have been the Castro, who, for example, is the one for Congress Daily, wrote recently: strongest opponents of massive foreign that orders that heroes like Antunez be ‘‘The American military’s mission to aid. detained or released, that heroes such pacify the 40,000 tiny villages in Af- as Oscar Elias Biscet or Rolando Ar- ghanistan will look like mission impos- b 1845 royo or Pedro Arguelles Moran or sible, especially if our bombings keep We went into the wars in Iraq and Af- Normando Hernandez or Ariel Sigler killing Afghan civilians and infuriating ghanistan under U.N. resolutions, yet Amaya or Librado Linares or Horacio the ones who survive.’’ conservatives have traditionally been Pina or Ricardo Gonzalez Alfonso or General Petraeus said this summer the biggest critics of the U.N. Conserv- Hector Maceda or Felix Navarro or we should not forget that Afghanistan atives have traditionally been the big- Rafael Ibarra and countless others be has been known as the ‘‘graveyard of gest opponents of world government retained in the gulag being tortured empires.’’ because it is too elitist and arrogant simply because those heroes support Congressional Quarterly reported on and too far removed from control by the ability for the Cuban people to September 17 that members of both the people. We should not now support have the rights, for example, that the parties were ‘‘fretting openly about a what is essentially world government American people, or free people lack of progress in the conflict.’’ just because it is being run by our mili- throughout the world have. As much as Americans love our tary. Jorge Luis Garcia Perez told me, troops, we need to realize that the De- I am a veteran and I am very pro when I spoke to him on the phone fense Department is not just a military military, but I am for national defense, about the fact that his wife’s brother, organization. It is also the world’s not international defense. I know that his wife is Iris Perez Aguilera, and she largest bureaucracy. Every gigantic the leaders of Afghanistan want us to is also a fantastic, formidable freedom bureaucracy always wants to expand keep spending hundreds of billions fighter. Her brother, Mario Perez its mission and frequently exaggerates there, but we cannot afford it. We can- Aguilera, is in the gulag being tor- its challenges so it can get more money not afford it economically, and as far tured, and is being denied access, visits and personnel. as I am concerned, it is not worth one by his family. In other words, Iris can- The Taliban guerillas have almost no more American life. not visit her brother who is in horrible money, and a top U.N. antiterrorism I know that when leaders of the De- physical condition. We don’t know how official said recently that al Qaeda is fense Department and the State De- gravely ill, but we know he is very ill, having ‘‘difficulty in maintaining partment and the National Security and he is being denied access. His fam- credibility.’’ Council all get together in their meet- ily cannot visit them. National defense is the most legiti- ings, that all of the pressures are on So I told Antunez that I would come mate function of our Federal Govern- getting involved or staying involved in to this floor and use the great privilege

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12434 CONGRESSIONAL RECORD — HOUSE November 5, 2009 given to me by my constituents to tell Recently, Speaker PELOSI unveiled Mr. GOHMERT. Madam Speaker, an the world about the brutality that H.R. 3962, her 2,000 page $1.3 trillion extraordinary thing happened here Mario Perez Aguilera, that political government takeover of health care. today, right out here down the hill. prisoner, and the many others, that This bill also includes the Capps There were tens of thousands of people they are facing day in and day out, and amendment, which will increase the that came out on very short notice. the added inhumanity of not being able number of elective abortions and gut They came out, and these were not the to be seen by their family members. the well-established government policy super wealthy. These weren’t the Wall The island that the world ignores. that prevents Federal funds from being Street folks that if you will check, give And what is most tragic is that it is 90 used to pay for elective abortion four to one to Democrats over Repub- miles from our shores and for over 50 known as the Hyde amendment. licans. These people didn’t care about years, it has been in the grasp of a de- Before the Hyde amendment was party at all. They were concerned mented despot who orders such actions passed in 1976, Medicaid funded almost about the America that they knew, an as the ones I have discussed this 300,000 abortions. In contrast, the Re- America where people were given a evening. publican substitute again has a perma- chance to succeed and a chance to fail. So I will continue to denounce the nent government-wide Hyde amend- Because as people far more wise than I brutality, the inhumanity, and I will ment, meaning unequivocally, no Fed- am have noted over the years, any gov- also continue to remind the world that eral funds for abortion anywhere. ernment that can take away your despite that brutality, Cuba will soon Section 222 of H.R. 3962 permits Fed- chance to fail has taken away your be free. eral funds to be used for abortion in chance to succeed. To be continued. the government insurance plan. So people came out on very short no- Section 4(a) refers to elective abor- f tice. These were working people. You tion procedures that are otherwise pro- NO FEDERAL FUNDING FOR could see these were not people of lei- hibited from receiving Federal funds in sure. These were people who had jobs, ABORTION other government programs due to cur- but they felt like this was something rent Hyde amendment policies, but The SPEAKER pro tempore. Under a so critical they had to come, make cannot be prohibited in the govern- previous order of the House, the gentle- their voices heard. You see them woman from North Carolina (Ms. FOXX) ment-run public insurance plan. Supporters of the bill assert that around offices all over the Capitol Hill is recognized for 5 minutes. area. Ms. FOXX. Madam Speaker, there only private funds will be used to fund was a wonderful gathering in Wash- abortion in the government-run public b 1900 ington today of thousands of people insurance plan. This is not true. The It was immensely moving. And the from all over the country. Many of bill places individual premium pay- way the people all said the pledge to those people held up signs that said ments for the government-run public the flag at the start and honored the Abortion is Not Health Care. The insurance plan into a Federal treasury prayer as it was said to start the pro- American public is more intelligent account that may be used to pay for ceedings. And I don’t know that I have than those in charge in this House. abortions. The bill also federally sub- ever heard a group sing the National Pro-life Members here in the House sidizes private insurance plans that Anthem with such fervor as a group. It are continuing to stand up and speak cover abortion in the government-run was immensely touching because the out for the unborn, and we will, until exchange. people were up here to let their voices Let there be no doubt that Pelosi’s we defeat this bill or stop Federal be heard and to let people know that plan explicitly authorizes the govern- funds from being used for abortions the government does not need to take ment-run public insurance plan to pay through this bill. Pro-life Members over 18 percent of this country’s econ- for elective abortions and subsidizes have offered amendments to the major- omy. Haven’t we messed up the car private plans on the government-run ity’s original health care plan, H.R. companies enough? Haven’t we messed exchange that cover elective abortion. 3200, to permanently exclude Federal up the banks and the lenders and the Despite assurance from the majority funding of abortion. All of these housing market enough that we’re not that something would be done to cor- amendments were rejected by the ma- satisfied yet until we take over 18 per- rect this, the manager’s amendment jority. Minority whip CANTOR’s amend- cent of the world’s economy and muck for H.R. 3962 does not contain any lan- ment to stop health care from funding guage regarding abortion funding. it up as well? Do we really have to abortion was rejected in the Ways and The proposal outlined by Representa- meddle and take over that kind of Means Committee on July 16, 2009. Rep- tive BRAD ELLSWORTH of Indiana yes- thing? resentative SOUDER’s amendment to terday falls short of addressing these The role of the government should be stop abortion funding was rejected by issues. In his plan, the government-run as a referee, not as a player. We the majority in the Education and public insurance plan would still cover shouldn’t be out there taking over Labor Committee on July 17, 2009. abortion, but would have to contract businesses. You want to speed up the Democrat Representative BART STU- with private contractors to carry out demise of a country, then let the gov- PAK and Republican Representative the administrative functions related to ernment start becoming the player. JOE PITTS offered another amendment paying for elective abortion. Rather Now, the Soviet Union was brutal to stop abortion funding in Energy and than reducing the number of abortions, enough and totalitarian enough. They Commerce, and the majority rejected the majority seems content with over- were able to make a socialist form of it on July 30, 2009. The reasons given by seeing legislation to create the largest government last for 70 years, as a the majority for rejecting these expansion of abortion since Roe v. record. Extraordinary. But they were amendments was that they were not Wade. This is unacceptable. brutal and totalitarian enough, they needed as there was no abortion fund- Pro-life Members on both sides of the could force it that far. We won’t last ing in the bill. aisle want the opportunity to vote on that long, not when we’ve moved the Now the contrast to that is the Re- the Stupak-Pitts amendment to apply government in charge of everything. publican substitute which will be of- the Hyde amendment and exclude the Under the bill—I haven’t gotten fered has a permanent, government- abortion funding in Pelosi’s plan. The through the full bill, but I have seen wide Hyde amendment, meaning un- American people understand this. We some things that are staggering. I do equivocally, no Federal funds can be should not be using our Federal fund- remember hearing a number of our Na- used for abortion anywhere in any bill ing to kill innocent life. tion’s leaders saying that there was no that passes. Yet despite claims from f way Federal dollars would be paying the majority that abortion funding was for abortion, so let me just read not in the bill, the Energy and Com- HEALTH CARE RALLY straight from page 110, subsection B, merce Committee voted on July 31, The SPEAKER pro tempore. Under a titled, Abortions for Which Public 2009, to include the Capps amendment previous order of the House, the gen- Funding is Allowed. And I’m reading to explicitly include abortion funding tleman from Texas (Mr. GOHMERT) is the quote from page 110: The services in the health care bill. recognized for 5 minutes. described in this subparagraph are

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12435 abortions for which the expenditure of tleman from Georgia (Mr. DEAL) is rec- feel pain even earlier than the 20th Federal funds appropriated for the De- ognized for 5 minutes. week. Despite all of this, President partment of Health and Human Serv- (Mr. DEAL of Georgia addressed the Obama and the Democratic leadership ices is permitted. House. His remarks will appear here- are on a fast track to compel, force, Then it goes on and says, Based on after in the Extensions of Remarks.) mandate, and coerce public funding for the laws in effect of the date that is 6 f abortions. Madam Speaker, pro-life Americans months before the beginning of the The SPEAKER pro tempore. Under a want no role or complicity in this as- plan year involved—yeah, right—no previous order of the House, the gen- money there will be used for abortions, sault on the weakest and the most vul- tleman from Montana (Mr. REHBERG) is nerable. Frankly, Madam Speaker, it is and then there it is in black and white. recognized for 5 minutes. time to face an inconvenient truth— We were told that if you liked your (Mr. REHBERG addressed the House. abortion is violence against children, plan, you’re going to get to keep it. His remarks will appear hereafter in and it exploits and harms women. And yet you could go over here—actu- the Extensions of Remarks.) ally, that’s an easy section to find. There has been study after study that You’re not going to be keeping it be- f shows that women who procure abor- cause it says here—and this is on page ABORTION AND THE DEMOCRAT tions experience immediate relief fol- 91. This says, Protecting the Choice to HEALTH CARE BILL lowed by very serious psychological Keep Current Coverage. The number and deleterious consequences to them. one limitation on keeping your insur- The SPEAKER pro tempore. Under And the younger they are, it appears, ance, the individual health insurance the Speaker’s announced policy of Jan- based on the empirical data, the more issuer offering such coverage does not uary 6, 2009, the gentleman from New egregious the pain and suffering and enroll any individual in such coverage. Jersey (Mr. SMITH) is recognized for 60 the agony endured by these young The second limitation is the issuer minutes as the designee of the minor- women. does not change any of its terms or ity leader. New Zealand did a study in 2006, a conditions. Good grief. You’re going to Mr. SMITH of New Jersey. Madam very comprehensive study, and found add beneficiaries to every policy, Speaker, even though reputable polls that 78.6 percent of the 15- to 18-year- you’re going to change terms and con- consistently show that public funding old girls who had abortions displayed ditions. It turns out that wasn’t true of abortion is opposed by a super- symptoms of major depression com- either. majority of Americans, some 67 per- pared to 31 percent of their peers. It is time to be true and faithful in cent, the multibillion-dollar abortion Twenty-seven percent of the 21- to 25- this job to the American people and the industry, its lobbyists and friends in year-old women who had abortions had job for which they sent us here. It is Congress are today demanding that the suicidal idealization compared to 8 per- time to honor the Constitution. two massive new government programs cent of those who did not have abor- created by the Democratic leadership’s f tions. Abortion hurts women. so-called ‘‘health care reform’’ bill I would remind my colleagues that The SPEAKER pro tempore. Under a force Americans to facilitate and fund organizations like the Silent No More previous order of the House, the gen- the killing of unborn children by abor- Campaign, run so admirably and coura- tleman from North Carolina (Mr. tion. geously by people like Dr. Alveda King, MCHENRY) is recognized for 5 minutes. Anyone who tells you otherwise—and the niece of Dr. Martin Luther King, a (Mr. MCHENRY addressed the House. I appreciate the gentleman from Texas woman who had two abortions and had His remarks will appear hereafter in pointing out the text. It clearly states profound, profound psychological prob- the Extensions of Remarks.) it. Anyone who tells you otherwise lems from that but now knows rec- f that public funding for abortion on de- onciliation and hope again, Silent No The SPEAKER pro tempore. Under a mand is not in the pending legislation More is made up exclusively of women previous order of the House, the gen- is either seriously misinformed or sim- who have had abortions. Dr. King has tleman from Pennsylvania (Mr. ply not telling the truth. said that her uncle’s dream, how does SESTAK) is recognized for 5 minutes. Americans do want to know up front it survive if we murder the children? (Mr. SESTAK addressed the House. what’s in this bill. No games. No And then she went on to say the other His remarks will appear hereafter in brinksmanship. Americans want and victim is and always will be the the Extensions of Remarks.) the public deserves total transparency woman. f and truth in legislating. Time magazine, and others, has fi- The SPEAKER pro tempore. Under a Madam Speaker, despite the fact that nally reported on another little known previous order of the House, the gentle- in 2009 we know more and understand fact—abortion adversely affects subse- woman from Ohio (Ms. KAPTUR) is rec- more about the magnificent world of quent children born to women who ognized for 5 minutes. unborn children than ever before—the abort. Recent studies have indicated (Ms. KAPTUR addressed the House. fact that these babies move inside the that the risks of preterm birth goes up Her remarks will appear hereafter in womb and stretch and do somersaults 36 percent after one abortion, and a the Extensions of Remarks.) and kick, they wake and sleep, believe staggering 93 percent after two or more f it or not—and it is true, they have a abortions. Similarly, the risk of subse- waking and sleeping cycle. The fact The SPEAKER pro tempore. Under a quent children being born with low that beneficial prenatal health care previous order of the House, the gentle- birth weight increases by 36 percent interventions, including microsurgery, woman from Florida (Ms. ROS- after one abortion and 72 percent after can be performed in utero, inside the LEHTINEN) is recognized for 5 minutes. two or more. womb, blood transfusions inside the (Ms. ROS-LEHTINEN addressed the The health consequences to subse- womb, the fact that these children can House. Her remarks will appear here- quent children born to women who feel excruciating physical pain before after in the Extensions of Remarks.) abort is deeply troubling and largely birth, including the pain deliberately unrecognized and underreported upon. f inflicted by abortionists—I would note, Thus, abortion not only kills babies The SPEAKER pro tempore. Under a parenthetically, that I authored the and wounds women, it directly injures previous order of the House, the gentle- Unborn Child Pain Awareness Act, subsequent children. And as we all woman from California (Ms. CHU) is which got 250 votes in a bipartisan vote know, prematurity is one of the lead- recognized for 5 minutes. a couple of years ago. And we know for ing causes of disabilities in children. (Ms. CHU addressed the House. Her a fact that at least at 20 weeks gesta- As you know better than I, Madam remarks will appear hereafter in the tion, unborn children feel excruciating Speaker, Congress will vote as early as Extensions of Remarks.) pain up to four times what everyone Saturday on the health care restruc- f else after birth feels because the pain turing bill, H.R. 3962, and it includes The SPEAKER pro tempore. Under a receptors are very close to the skin. highly deceptive policy language that previous order of the House, the gen- And we do believe that these children will massively increase the number of

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12436 CONGRESSIONAL RECORD — HOUSE November 5, 2009 children killed and mothers wounded ance plans that cover abortion. As a they resolve these before we vote on by abortion. Let’s be clear and unam- matter of fact, every region will have this legislation. I was blown away by biguous, both the public option and the to have a plan that provides for abor- that, but what came next stunned me program establishing affordability tion. more. credits authorize public funding and fa- One of the great successes of the The priest stood up and said, Look, cilitation of abortion on demand, Right to Life movement is increasingly I’ve got to talk about this for a which means, of course, that the num- calling out to those so-called providers, minute. He did. Then he said, There ber of children who will be forced to abortionists, and inviting them to will be an insert in the bulletin. This suffer unspeakable agony of abortion leave that grizzly business. And most was the insert: ‘‘Health care reform is methods including dismemberment, de- of the hospitals in the country and about saving lives, not destroying capitation, starvation—people say, most of the counties in the country no them.’’ The second part of it is a letter How does RU46 work? First it starves longer have abortionists. This legisla- from the Catholic conference of the baby to death, and then the other tion provides economic incentives and bishops: ‘‘Tell Congress: Remove abor- chemical in RU46 just simply causes the force of law to ensure that every tion funding and mandates from needed that dead baby to be expelled from the one of these localities has abortionists health care reform.’’ uterus. Then there are also chemicals and abortions provided in a plan. So they’re in favor of health care re- that are providing for or forcing early Madam Speaker, I urge Members to form but not of this health care re- expulsion from the womb and other vote for the Bart Stupak-Joe Pitts form. In fact, I want to put these two types of chemical poisoning. All of this amendment if it is given an oppor- things into the public record. I was will skyrocket. tunity to be voted on. And if not, this stunned because I hadn’t in 35 years The empirical evidence that public whole bill—because you know what heard from the pulpit this strong of a funding of abortions means more abor- Hippocrates said, ‘‘Do no harm.’’ What message. tions is both logical and compelling. did the great leaders and nurturers and So, when I got in the car, I started to Even the Goodmacher Institute, for- health care leaders say in the past? make some phone calls to some of my merly the research arm of Planned Never do harm to an innocent. This is relatives around the city. What had Parenthood, says that prohibiting Fed- not health care. Abortion is not health they heard? The same thing. The priest eral funds under the Hyde Amendment care. It is the deliberate and willful had said something, and yes, it was in prevents abortions that otherwise killing of an unborn child, the wound- the bulletin. In my own home parish, would have been procured by a stun- ing of their mothers, and the hurting, yep, our priest said something, and ning 25 percent. That means that since the serious destruction in terms of dis- yep, it was in the bulletin. It made me enactment of the funding ban in the abilities and the like to subsequent think that, if this moved the Catholic late seventies and early eighties, mil- children. church after 35 years in my district to lions of children who would have other- I would like to yield Congresswoman speak again publicly about abortion, wise been brutally killed by abortion- SCHMIDT such time as she might con- this is something that is truly serious ists if public funding had facilitated sume. And I want to thank her for her because, Madam Speaker, it is a game their demise today, live and go to leadership on behalf of the unborn changer. school, play sports, perhaps watched through these many years in service to So, today, when I read the Roll Call, the World Series last night. Some of Congress and before that. Madam Speaker, I read: Activists gear those spared are today raising their up for fight. b 1915 own kids, perhaps even serving as staff I thought, Ooh, what’s this about? I’d or Members of Congress. So whether we Mrs. SCHMIDT. Thank you so much, like to read it. publicly fund abortion or not literally my good friend from New Jersey. I’m It reads: Lately, Donna Crane hasn’t means life or death for countless indi- having a display brought up. been making it home early. The policy viduals, going forward. I would like to talk a minute about director of NARAL Pro-Choice America The Democratic health bill, Madam something that happened to me over has been lobbying nonstop to ensure Speaker, discriminates against the the weekend, and I would like to go that the House does not slip anti- most vulnerable minority in America back 35 years ago because, well, in the abortion language into its health care today, unborn babies, and is the quin- exact same environment, a similar sit- legislation, which the Chamber is ex- tessential example of the politics of ex- uation occurred. pected to vote on this weekend. clusion—in this case because of the I’m Catholic and I go to mass. Every We’re working a lot of late nights, child’s age, condition of dependency, weekend, I go to mass. In fact, I go ev- Crane said. and vulnerability. eryday, but 35 years ago when I went to Then it goes on to talk about how There is nothing whatsoever benign, mass, it was right before election, and various lobbyists are trying to have compassionate, or nurturing about I remember my Catholic priest, Francis input into this, but it ends by saying abortion. Abortion is a serious lethal Buttlemyer, said something that really that NARAL and the other pro-choice violation of human rights. And now we shocked me. groups are comfortable with the Capps are on the verge of being compelled to He said, when we went to the polls language and are comfortable with the massively subsidize this violence that Tuesday, we had a choice to make Ellsworth language. The reason they against children. for a Member of Congress—and yeah, are is that it really doesn’t prohibit Madam Speaker, no one is really we had a Catholic running and we had the funding of abortion. It’s a ruse—it’s fooled by the multiple attempts to a non-Catholic running, but the Catho- a game—because what it says is that at craft language that funds abortions but lic was pro-choice and the non-Catholic least one plan has to have it, but we’re uses surface appeal text to suggest oth- was pro-life. He said that you have to going to have this little magical thing erwise. I’m afraid the rule will likely vote for the person who will protect over here that’s going to allow it to be contain self-enacting text that further the unborn. I remember coming home funded in a different way before it misleads and obfuscates. Thus, the and saying to my mother how surprised comes through the public fund system. only policy language that honestly and I was that this priest had been so bold. Madam Speaker, the language in this transparently precludes public funding Well, last Saturday night, I didn’t go bill, either the Capps amendment or for abortion is the Stupak-Pitts to my Catholic church. I went to a dif- the Ellsworth amendment, will not amendment. The Capps amendment ferent one in my community. During only allow the public funding of abor- that is already in the bill, as I said, ex- our litany of prayers, they mentioned tion for the first time with Federal dol- plicitly authorizes Federal funding for the fact that Congress would be voting lars since the Hyde amendment in 1976, abortion in the public option. And on a bill, the health care bill, and that, but it will also expand it, and that’s again, I urge Members to just read it. in the bill, there were some issues that the dirty, little secret in this bill. With abortion covered under the public the Catholic church had with it—abor- This Saturday, we are to vote on this option, we will see more abortions. It tion, our elderly and the conscience bill at right about the same time that also allows the government subsidies, clause for our health care profes- I was in church last Saturday night, at the other program, to pay for insur- sionals—and that we must pray that right about this same time that the

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12437 priest stood up and said, Tell your pro-life concerns on abortion funding and proposed a social contract upon which Member of Congress. conscience rights in the health care reform to build a civil society where mutual Let me tell you, Madam Speaker, bill. Help ensure that the Rule for the bill al- obligations are imposed on all parties that it made me a little nervous be- lows a vote on this amendment. If these seri- to the agreement. ous concerns are not addressed, the final bill The balance between rights and re- cause they kind of were looking at me, should be opposed.’’ and I wanted to put up a sign and say, When: Both House and Senate are pre- sponsibilities has served as a basis for I get it, but I couldn’t. paring for floor votes now. Act today! Thank an ethical context, but our society has At right about this same time, we’re you! disrupted this delicate balance between going to be making a decision, not just rights and responsibilities by accen- on the health care for Americans and HEALTH CARE REFORM IS ABOUT SAVING tuating rights, and it has contrived an on the game changer that that is, but LIVES, NOT DESTROYING THEM anthropology detached from the moral on a point that for the last 35 years has Abortion is not health care because killing conscience and has called it ‘‘social been protected, and that is not allow- is not healing. progress.’’ The result is a skewed social ing the public funding of abortion. For over 30 years, the Hyde Amendment politic devoid of moral coherency. Madam Speaker, we cannot allow the and other longstanding and widely supported In his encyclical ‘‘Caritas in laws have prevented federal funding of elec- Veritate,’’ Pope Benedict XVI loudly public funding of abortion to occur in tive abortions. any way in this bill. It is truly a game proclaimed, ‘‘Individual rights de- Yet health care reform bills advancing in tached from a framework of duties can changer, and until it is corrected, no Congress violate this policy. one should even contemplate anything Americans would be forced to subsidize run wild.’’ This is what we have seen in but a ‘‘no’’ on this bill. abortions through their taxes and health in- our society today. surance premiums. We provide rights to convicted mur- UNITED STATES CONFERENCE OF CATHOLIC derers, but at the same time, sanction BISHOPS NATIONWIDE BULLETIN We need genuine health care reform—re- form that helps save lives, not destroy them. the slaughter of the innocent. We pro- Tell Congress: Remove abortion funding Tell Congress: ‘‘Remove Abortion Funding test in rage at the slaying of dogs, but and mandates from needed health care re- and Mandates from Needed Health Care Re- form. barely blink an eye at the murder of form!’’ Congress is preparing to debate health care millions of innocent children. Tradi- Visit www.usccb.org/action to send your e- reform legislation on the House and Senate tional principles of social ethics, like mails today. floors. Genuine health care reform should transparency, honesty and responsi- For more information on the U.S. bishops’ protect the life and dignity of all people advocacy for authentic Health Care Reform, bility, have been ignored or attenu- from the moment of conception until natural visit www.usccb.org/healthcare. ated. As a result, our moral tenor does death. The U.S. bishops’ conference has con- not respect the right to life and the Mr. SMITH of New Jersey. Madam cluded that all committee-approved bills are dignity of a natural death. seriously deficient on the issues of abortion Speaker, I yield to Mr. CAO, the distin- To protect individual rights, we have and conscience, and do not provide adequate guished gentleman from Louisiana. distorted the continuity of human de- access to health care for immigrants and the I thank him for his leadership, the poor. The bills will have to change or the velopment to portray the human fetus first Vietnamese American Member of as something less than human and, bishops have pledged to oppose them. Congress and a staunch fighter for Our nation is at a crossroads. Policies therefore, as something that can be adopted in health care reform will have an human rights. I’ve known him in the disposed of. impact for good or ill for years to come. refugee battles, especially for the boat What happened to personal responsi- None of the bills retains longstanding cur- people, and in so many other human bility—the responsibility to respect rent policies against abortion funding or rights’ issues. and nurture a human life who happens abortion coverage mandates, and none fully So I yield to my friend. to be one’s own child? protects conscience rights in health care. Mr. CAO. Thank you, my friend from Our children cry out for life, for jus- As the U.S. bishops’ letter of October 8 New Jersey, CHRISTOPHER SMITH, for tice, and until the U.S. Supreme Court states: ‘‘No one should be required to pay for or participate in abortion. It is essential yielding me time. can garner enough courage to overturn that the legislation clearly apply to this new I just want to say that you have been Roe v. Wade, it is up to the voices of program longstanding and widely supported my mentor, and you have been my the Christopher Smiths, of the Bart federal restrictions on abortion funding and friend, and I have been very honored to Stupaks, of the Jean Schmidts, of the mandates, and protections for rights of con- be part of your life and to have known Marsha Blackburns, and of others like science. No current bill meets this test. . . . you all of these years. So thank you myself to fight for those who cannot If acceptable language in these areas cannot very much. fight for themselves. be found, we will have to oppose the health Madam Speaker, abortion is a de- Yes, health care reform is important, care bill vigorously.’’ and I support responsible reform; but, For the full text of this letter and more in- structive perversion of our society. It Madam Speaker, as my friend CHRIS- formation on proposed legislation and the is a distorted emphasis on rights to the bishops’ advocacy for authentic health care disregard of individual responsibilities. TOPHER SMITH so eloquently articu- reform, visit: www.usccb.org/healthcare. Our country was founded on funda- lated, abortion is wrong, and I can Congressional leaders are attempting to mental human rights, and rightly so. never support a reform bill that seeks put together final bills for floor consider- ‘‘We hold these truths to be self-evi- to fund abortion with the tax dollars of ation. Please contact your Representative dent that all men are created equal, hardworking Americans. and Senators today and urge them to fix that they are endowed by their Cre- Thank you. these bills with the pro-life amendments Mr. SMITH of New Jersey. I want to ator, with certain unalienable rights, noted below. Otherwise much needed health thank my friend and colleague for his care reform will have to be opposed. Health that among these are life, liberty and eloquent and very passionate state- care reform should be about saving lives, not the pursuit of happiness.’’ ment. Knowing of his work on behalf of destroying them. These rights were reinforced and human rights and of his standing as a Action: Contact Members through e-mail, more succinctly elaborated in the first human rights advocate globally, thank phone calls or FAX letters. To send a pre- 10 amendments to the U.S. Constitu- written, instant e-mail to Congress go to you so very much, And, for that very tion. These 10 amendments, more com- powerful statement. www.usccb.org/action. Call the U.S. Capitol monly known as the Bill of Rights, switchboard at: 202–224–3121, or call your I would like to yield to my good Members’ local offices. Full contact info can have served as the heart and soul of friend and colleague from Texas (Mr. be found on Members’ web sites at our legal tradition and as the founda- GOHMERT), and want to, again, thank www.house.gov and www.senate.gov. tion upon which we have built the most him for his leadership for so many Message to Senate: ‘‘During floor debate powerful democracy in the history of years in the defense of life. on the health care reform bill, please support the world. Mr. GOHMERT. I so much appreciate an amendment to incorporate longstanding But life is ‘‘short and brutish,’’ said my friend, Mr. SMITH from New Jersey. policies against abortion funding and in Sir Thomas Hobbes, and if left to our favor of conscience rights. If these serious Earlier, he was talking about RU–486, concerns are not addressed, the final bill devise, absolute right will lead to anar- and I couldn’t help but reflect. should be opposed.’’ chy and chaos. Rousseau, Hobbes, and You know, we see people who are so Message to House: ‘‘Please support the other thinkers of The Enlightenment concerned, properly, about our environ- Stupak Amendment that addresses essential saw the dangers of absolute rights, and ment, about this wonderful garden

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12438 CONGRESSIONAL RECORD — HOUSE November 5, 2009 with which we’ve been blessed, and clinic was pushing employees to strive show we deserve what we have is if we they fight against the use of chemicals for abortion quotas to boost profits.’’ can pass on a country with freedom that may affect this wonderful garden. In former clinic director Abby John- and liberty, where, yes, there are con- They go to organic food stores so they son’s words, ‘‘There are definitely cli- sequences to conduct to those who can buy food that has never had chemi- ent goals. We’d have a goal for every come after us. And if we don’t turn this cals used. They exercise. They go to month for abortion clients.’’ The arti- thing around, they’re not going to get health clubs, you know, to stay in good cle continued, ‘‘The Bryan Texas the gift we were given. shape because they’re so concerned Planned Parenthood clinic expanded I thank my friend from New Jersey about living clean, wholesome lives. access to abortion to increase earn- for taking this hour and concentrating Then they would think about taking a ings.’’ They reported that Johnson his time on such a critical issue. poison into their bodies, and they know said, ‘‘ ‘One of the ways they were able Mr. SMITH of New Jersey. I thank at the time they take the poison that to up the number of patients they saw Mr. GOHMERT for his, again, very elo- it’s not good for them, for sure. They was they started doing the RU–486 quent statement and for his logic, know that the very reason for taking it chemical abortions all throughout the which is so important and sometimes is to kill a life within. week.’ ’’ lacking in this august body. How could we get to this point that Yes, that’s the ticket. Just give peo- Let me also point out that we have a such a caring society—one that cares ple poison and let them not only kill a man who is going to speak next, MARK about the environment, that cares so life, but poison their own systems. Peo- SOUDER. Truth in legislating is not a much about the world around us and ple that wouldn’t dream of smoking, forgotten art, and when people say, as about the people around us, one that it’s okay, take this poison, can kill a you pointed out, Mr. GOHMERT, that will walk up and just chew out any- life, and hurt yourself. the abortion funding in both the public body who is smoking because of what it Well, World Net Daily did an article option and in the program that estab- lishes affordability credits couldn’t be does to their bodies and because of and they explained that ‘‘RU–486 chem- more clear, there’s no ambiguity about what the secondhand smoke does to ical abortions kill the lining of the it. There is some language that is very, them, and one that will protect any uterus, cutting off oxygen and nutri- very deceiving that leads people to others around them from someone’s ents, resulting in the death of an un- think it’s not in there. And then people smoking—would take a poison into born baby.’’ say it. The President of the United their own bodies for the very purpose Just like CHRIS SMITH was talking States suggested that funding for abor- of killing? I mean how does that make about, you’re starving a child. tion is not in his plan. And, frankly, sense? How did we get to this point? Johnson said the chemical abortion assuming he was misled by perhaps Then you realize, well, the reason cost the same as an early first-tri- staff, nothing could be further from the you do that—take a poison to kill a mester abortion: between $505 and $695 truth. child, a life within—is you’re wanting for each procedure. And Johnson’s words were ‘‘Abortion is the most lu- I would like to yield to a man who of- to avoid the consequences of your con- fered airtight pro-life language in the duct. That’s the bottom line. crative part of Planned Parenthood’s operations . . . they really wanted to committee on which he serves, Edu- Then you come to realize, if you live cation and Labor Committee, to speak, increase the number of abortions so in a society that goes on, say, 35 or 36 Mr. SOUDER. they could increase their income.’’ years where it becomes completely Mr. SOUDER. I thank my friend from Folks, it is wrong. And if you didn’t legal and acceptable to even poison or New Jersey for yielding. to kill or to decapitate for the sole pur- believe abortion was going to get funds Before I get into a couple of specifics pose of avoiding the consequences of under this bill, then you ought to be- with that, this isn’t the bill. This is the what we do, then you get to a point lieve it when you read the bill. You go bill. Originally we had a bill with about where people would want to avoid any to the trouble to read the bill. And 1,200. It was like this. Now it’s gone to tough decisions, any consequences. So when the subtitle is, and this is Page 1,900. And I want to make it clear that you would get to the point where we 110, ‘‘Abortions for which Public Fund- I definitely oppose this abortion fund- are today where, perhaps, 40 percent or ing is Allowed’’ and then read through ing in this bill, but this is an unconsti- so would be willing to say, You know there, gee, public funding must be al- tutional attack on capitalism, our free- what? I’m willing to give up my free- lowed for abortion because it’s in the doms, our health care. And even if they doms just so I don’t have to worry bill if people will bother to read it. fix the abortion, this bill is an atroc- about consequences anymore. I’m But we come back to this: We’re liv- ity. going to give up my liberties, give up ing in a time when we have got to come But in addition to being a generally my freedoms so that my government back to educating our children that bad bill, it’s a specifically bad bill in will take care of all of my health care conduct has consequences. And when the protection of human life. I’ve decisions from now on. you make them believe for 35 years worked with this issue for much of my that their conduct has no con- life. Actually even before the Supreme b 1930 sequences, then you get to the point Court decision on abortion, I was con- Isn’t that wonderful. The government where we are today. You have a Repub- cerned about what California and New will make our health care decisions. lican administration running up the York had done. When I was a grad stu- They’ll decide which things will be deficit and then you have a Democratic dent at the University of Notre Dame, funded and which things will not, and I administration raising it exponentially they did the original decision on Roe v. won’t have to think about it anymore. because there are no consequences to Wade, and we formed within 48 hours I won’t have to worry about it any- our conduct. We can break the Nation the student coalition to support a con- more. Just like when I got involved but we won’t go broke. We can, in the stitutional amendment. I’ve spent when I shouldn’t have and the con- face of terrible economic conditions, much of my life doing that. sequence was a life within me. I didn’t run up the deficit even more and have We now have our first grandchildren. have to worry about them because I no consequences because we know, And when you have grandchildren and could just kill that life with no con- going back to Roe versus Wade, we your own children, you cannot possibly sequences. have learned in this country you don’t not want to defend that life. There is a woman named Abby John- have to have consequences to conduct. I worked with my friend and col- son who’s self-described as ‘‘extremely We have got to come back to sanity league from New Jersey. We did a hear- pro-choice,’’ who said she knew it was while we have still got a country be- ing in my subcommittee when I was time to quit in September when she cause we are in this country not be- Chair on RU–486, the only hearing that watched an unborn child ‘‘crumble’’ as cause of what we did, what we deserve, was ever held here. the baby was vacuumed, dismembered, but because people who came before us It’s not only a danger to the baby and destroyed. sacrificed, because they knew there where they die, and it’s a certain death I appreciate my friend CHRIS SMITH’s were consequences to conduct. And to the baby, but it’s a death threat to bringing this to my attention. Abby we’ve got all we have today because of the mother. And they deliberately cov- Johnson is from Texas. She said, ‘‘The them. And the only way we will ever ered up these stats. We held a hearing

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12439 showing that RU–486 was supposed to to do, is trying to bypass the Hyde that abortion drug, simply because it was so be the safe thing, the way to do it be- doesn’t cover elective abortion. They dangerous. So they found the Popu- hind doors; then you’re not cutting up say this bill will put a Planned Parent- lation Council Company. Try suing the baby and having to take the pieces hood clinic in every county in the them when you have egregious harm out. You’re not burning the skin off the United States, that it mandates mul- done to a woman or a death, a fatality. baby. You’re not exploding the baby tiple types of things in the public It’s an organization. It’s not like into pieces. It’s supposed to be more health option. Merck or some other because all of humane. It kills the baby. It destroys Congressman ANDREWS very elo- them took a pass because it is so dan- it at its early stages. quently responded to my amendment gerous. But this they don’t report. They and said if there’s a public option, And you held the only hearing, as don’t separate out the facts. We had there has to be public payment of abor- you so well pointed out, and I com- over a hundred that even years ago tion. He said if it’s a constitutional mend the gentleman for them. were near-death experiences, a number right, you have a constitutional right I would like to yield to Mr. of deaths. We pull drugs off the market to have it paid for. FORTENBERRY, a good friend and great if they’re risky. We document this. And I have a constitutional right to have champion of human rights as well. all of a sudden, they’re on the non- a Shelby Cobra and I’m hoping to get Mr. FORTENBERRY. I thank my col- scientist side. They don’t want to see one soon from the government. league Mr. SMITH from New Jersey, the science on RU–486. On top of that it Just because it’s a constitutional whom I learned a great deal from pri- appears they’re prescribing it even out- right does not mean you have a con- marily about being passionate for side of FDA guidelines. And by the stitutional right to have it paid for, those who are least among us, for being time that the mothers learn they’re but that’s the language behind this. passionate in the belief that women de- pregnant, by the time they go into Then they came up this week with serve better than abortion. So I thank Planned Parenthood, even RU–486 says the so-called Ellsworth compromise, a you for your leadership, sir. it’s unsafe to the mother after a cer- friend of mine from Indiana. This Ells- I would like to point out what is be- tain date, and they’re getting away worth language, however, merely chan- coming increasingly clear, Madam with this at Planned Parenthood. nels the funding through another enti- Speaker, that the health care plan Some say there’s no abortion in the ty. This is like saying, well, if SBA under consideration would authorize bill. Let me ask you, from personal ex- gives you a direct loan, it’s a govern- Federal funding for elective abortion, perience, then why did Planned Parent- ment loan, but if the SBA runs through even though the majority of Americans hood fund ads against me after I of- a bank and you get it through the do not want their government funding fered the two amendments? They fund- bank, well, that’s not an SBA loan, that procedure. ed ads in my district in August, along that’s a bank loan. Now, the govern- Several amendments, as has been dis- with ACORN and the government ment put all the money in, the guar- cussed, introduced in the committees unions, to try to ‘‘make an example,’’ antee. The government’s standing be- of jurisdiction to make sure abortion was their words, for my offering two hind it. It’s an SBA loan. But it’s not funding was explicitly excluded from amendments in the Ed and Labor Com- really an SBA loan because now we’re the bill all failed. Now it is reported mittee to make it clear that it didn’t going through a fig leaf. that there is a so-called abortion fund- fund abortion. Why were those amend- The American people are getting sick ing compromise that I fear is put in ments defeated? of the misleading nature and the dou- place to draw the support of pro-life Well, part of the frustration of the ble-talking of Congress. You have dou- House Members who otherwise, in good general public with a bill like this, and ble-talk straight in the bill. Then you conscience, would not vote for this par- you’ve heard different parts, but in the have another compromise that double- ticular bill. section on abortion services, I love the talks the double-talk. And they wonder 1945 section before: ‘‘Nothing in this act why the confidence in government is b shall be construed as preventing the down? They wonder why people don’t This move should not mislead the public health insurance option from trust American politicians as much American people. However clearly, providing for or prohibiting coverage of anymore and American political lead- cleverly worded the proposal might be, services described in (4)(A). ‘‘ ers? this plan would authorize a govern- Well, what’s (4)(A)? ment-run option to fund elective abor- (4)(A) says, ‘‘The services described There is a fix for this. There was a fix tion and subsidize private plans that in this subparagraph are abortions for in committee. There’s a fix on the cover elected abortion. This language which the expenditure of Federal funds floor. But if we come out with this type creates a smokescreen by appearing to appropriated for the Department of of thing and people who claim they’re offer a restriction on the use of Federal Health and Human Services is not per- pro-life vote for this, hold them ac- funds for abortion while leaving in mitted.’’ countable. Excuse me? It says that it’s prohib- Mr. SMITH of New Jersey. Thank place the key legal authority which ited, but the thing before says nothing you, Mr. SOUDER. And I do want to says, ‘‘Nothing in the act’’ should be in the next section applies. What kind thank you again for offering that interpreted to ‘‘prevent the public of double-talk is this? I just do not un- amendment and for that very illu- health insurance option from providing derstand. Do they think that with all minating and incisive hearing on RU– for coverage of elective abortion.’’ the information systems today, with 486. The abortion language requires the the posting of this, with all of us out Again, we know that the trials that public option to hire contractors to en- there that somebody isn’t going to read led to approval by the FDA, when sure that money paid into the govern- this? I mean how stupid. Kessler was the head of the FDA under ment option could potentially be used ‘‘Nothing in this act shall be con- President Clinton, he on bended knee to pay for elective abortions. For ex- strued as preventing the public health asked the company that manufactures ample, Medicare contracts with private insurance option from providing for or RU–486 to bring it here. Sham trials business to handle claims, but no one prohibiting coverage of services de- were conducted where women who were in their right mind would say that scribed in (4)(A).’’ seriously hurt were not reported. And Medicare payments are private pay- (4)(A) says, right off the bat, ‘‘The we know for a fact, women are actually ments. They’re government payments. services described in this subparagraph dying from RU–486. Probably because So this new compromise language is a are abortions for which the expenditure they had the best reporting of any hoax. of Federal funds appropriated for the other State, those women have sur- So, Madam Speaker, I don’t believe Department of Health and Human faced in California from those deaths my colleagues should be misled. I also Services is not permitted.’’ A, reverse attributable to RU–486. And it’s baby believe that we should have the oppor- A, and you think we’re going to buy pesticide that has serious consequences tunity for more dialogue, debate, and that? for women, including death. consideration of potential amendments Furthermore, the Capps amendment, Again, no pharmaceutical company that could actually strengthen the op- which is what this is basically trying in America would take up RU–486, the portunity for good health care reform

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12440 CONGRESSIONAL RECORD — HOUSE November 5, 2009 in this country. I would personally like these young people have become musi- life to be taken, it will lead to a whole to offer an amendment that broadens a cians and attorneys and physicians and host of things. Now, here we have a long-held American tradition that we teachers and carpenters and pastors. I health care bill in front of us scheduled call freedom of conscience. I would like was at my college homecoming last to be voted on this weekend, this Sat- to simply read a part of the amend- week, and one of them was a 6-foot 7- urday, which would, in fact, permit ment that I will potentially offer. It inch, 300-pound football player. They taxpayer dollars, Federal dollars, gov- says, The Federal Government and any become all kinds of things. To me, the ernment money to be used to end the State or local government or health thought of them not being here is life of an unborn child. That is just care entity that receives Federal heartwrenching and heartbreaking be- wrong. It is important that we tell the health assistance shall not subject a cause you’ve snuffed out a life that American people we do not want to go health care entity to discrimination on could have otherwise been a Congress- past this. The American people under- the basis that the entity does not per- man, a teacher, anything. stand this. They do not want their tax form, participate in, or cover specific This bill that we’re discussing should dollars used in this way. I think it is surgical or medical procedures or serv- be a health care bill, and, distressingly, critical that we just continue to fight. ices or prescribe specific pharma- in my opinion, elective abortion is not So again, I want to be brief tonight. ceuticals in violation of the moral or health care. We should be doing, as the I know we have a few more speakers in ethical or religious beliefs of such enti- previous speaker said, everything we just the few minutes we have left, but ties. can to protect the unborn. Let me ex- it is so critical that we understand how This amendment goes on and actu- plain a little bit about that. sacred life is. ally protects the freedom of conscience When I first began practice, of the There was a precedent here today in of those who are actually in the health babies born before 32 weeks, half of the Nation’s Capital where thousands insurance coverage business by saying them died. And we have used extraor- of people came. One of the things that that the Federal Government, any dinary means and technology. Now a concerned them—not just the price of State or local government that re- child born at 32 weeks is a term baby, this bill, not just other elements, not ceives Federal health assistance shall and I recall a child that we delivered at just a lack of empowerment for fami- not prevent the development, mar- 24 weeks over 20 years ago, which even lies and small business owners and tax- keting, or offering of health insurance then would have almost been consid- payers in this bill, but the fact that coverage or a health benefit plan which ered a miscarriage. This child got down their tax dollars could, in fact, be used does not cover specific surgical or med- to 14 ounces, that’s how big, and that to end life, and they spoke out loud and ical procedures or services or specific was over 20 years ago. That child is a clear. pharmaceuticals to which the issuer of fully grown adult today. If we had used And one of the things that was said the coverage or sponsor of the plan has the idea that this was, hey, an abortion at that conference, we went back to an objection of conscience that is or a miscarriage, that child would not the document that started it all—and I clearly articulated in its corporate or be there with a mother and a father will finish with this. The document organizational policy. who are loving it and a family and a that started it all. I tell people, next to So, Madam Speaker, here is the Scripture, the best words ever put on issue. We should be allowed to amend chance to have a family. We shouldn’t disguise health care as paper in the Declaration of Independ- this bill. We should be trying to work abortion coverage. Madam Speaker, I ence, where the folks who started this together to strengthen health care for think this is one of the most egregious great country, this great experiment in all Americans by improving health things in this particular bill. There are freedom and liberty, they wrote these care outcomes, reducing costs, and pro- words: ‘‘We hold these truths to be self- tecting our most vulnerable. The most a lot of things in this health care bill evident, that all men are created equal, vulnerable include people who find that are not related to health care, but that they are endowed by their Creator themselves in very difficult cir- this is one that should be done away with certain unalienable Rights, that cumstances, those who call upon us— with, and whether you are pro-life or among these are Life, Liberty and the maybe not verbally because they’re in- you are pro-choice, the majority of pursuit of Happiness.’’ side the womb, but those who are the people in this country don’t want their We’ve all heard this before, but it’s least among us that need our protec- tax dollars used for abortion. To me, so interesting to go back to these fun- tion and help. it’s a very emotional issue, a very per- So, with that, I yield back to my col- sonal issue, and I will continue to be a damentals, to go back to these basic principles that started this grand place league CHRIS SMITH. pro-life doctor until I’m not on this Mr. SMITH of New Jersey. I would Earth. we call America. It’s interesting the like to yield to my good friend and col- I yield back my time. order the Founders placed the rights league Dr. ROE, an OB/GYN who knows Mr. SMITH of New Jersey. I thank they chose to mention. Life, liberty, so much about this and has been a the gentleman from Tennessee (Mr. pursuit of happiness. leader in this Congress on all life-re- ROE) very much. Just ask yourself a question, Madam lated issues as well as other things. I now yield to my good friend and Speaker. Can you pursue happiness? Mr. ROE of Tennessee. Madam colleague Mr. JORDAN from Ohio. Can you go after your goals, your Speaker, I thank the gentleman from Mr. JORDAN of Ohio. Madam Speak- dreams? Can you go after those things, New Jersey. I am going to go back er, let me thank Representative SMITH pursue those things that have meaning many years ago in my life to a time for his many years of leading the Pro- and significance to you if you first when I was a young physician trying to Life Caucus and fighting to protect the don’t have liberty, if you first don’t decide what I was going to be in life. I sanctity of human life. I especially have freedom? And do you ever truly decided I was going to be an internist, want to thank him, along with Con- have real liberty, true freedom if gov- which is a noble thing to do. But I real- gressman PITTS and Congressman STU- ernment doesn’t protect your most fun- ized one day when I was in the hospital PAK and a host of others, and you as damental right, the right to live? that what I really had a passion for well, Madam Speaker, for your efforts That’s what’s at stake here. were for babies and children and deliv- in working to get this language out of We are on the verge of crossing a ering babies, and it was fun. And of the the bill which would take us to a point very dangerous line if we allow this almost 5,000 babies I delivered, they that would cross a line in this country health care bill with all its other prob- were fun. I had a wonderful time doing that I believe is very, very scary. lems, but the central focus in this bill it, bringing life onto this planet. The If you remember when the decision of allowing taxpayer dollars, Federal group I belong to in a small town in happened in 1973 and we started down money to be used to end the life of an Tennessee, Johnson City, Tennessee, this road, one of the arguments we unborn child. It’s so critical that we has delivered almost 25,000 babies since heard from the pro-life community— stop this bill in general, but certainly I joined the group. We’re a pro-life and we, frankly, continue to hear—is to make sure that provision is not group. the slippery slope argument, the fact there and continue to be a country that I think back to the children I have that this slope is slippery, it is steep, respects the sanctity and sacredness of delivered during the past 30 years, and and that if we begin to allow unborn human life.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12441 So again, I want to commend the Speaker, they will say yes. It’s almost And when I hear the President say Chair of the Pro-Life Caucus for his universal in America that we believe that the doctors want this, my wife’s a many years in doing just that and our lives are sacred, each one. doctor. He says the AMA wants it. Doc- fighting this good fight. God bless you. And the law in America doesn’t dif- tors across this country don’t want it. With that, I will yield back the bal- ferentiate between someone who is 101 He says that the seniors want it be- ance of my time. or someone that’s 1, whether they have cause of AARP. Seniors don’t want it. Mr. SMITH of New Jersey. Thank a century of life ahead of them or a AARP is getting 61 percent of their you for your kind words, but more im- century of life behind them. All human money from kickbacks from insurance portantly, for your leadership on the life has the same value under the law companies and commissions, and they behalf of innocent unborn children and in the United States of America with are going to get more if Medicare Ad- the wounded mothers. I know you work equal protection under the law. That’s vantage goes down the tubes because very hard with pregnancy care centers the principle. That’s the belief. they will sell more Medigap insurance. and believe passionately that we need The late father of Senator CASEY There are a lot of problems with this to love and affirm both. It’s not about from Pennsylvania, Bob Casey, the bill, but one of the most important one or the other. It’s both. So I thank former Governor of Pennsylvania, things to me and to CHRIS and all those the gentleman from Ohio for his lead- made this statement that I had put on who are here tonight is the right-to-life ership and consistency. the wall in my office at home in Iowa, issue. For that reason alone we should I would like to yield to my good and it’s been there for years. Bob defeat this, but there are a lot of other friend and colleague Mr. KING from Casey, Democrat, denied the ability to problems with it as well. Iowa. speak before the National Convention, Mr. SMITH of New Jersey. Mr. BUR- Mr. KING of Iowa. I thank the gen- but his statement on life, Madam TON, thank you very much for your tleman from New Jersey for heading up Speaker, was this: Human life cannot leadership, longstanding, over these this Special Order tonight and for tak- be measured. It is the measure itself many decades. Thank you for being ing the lead on life in this Congress for against which all other things are such a great defender of life. years and years. Maybe we could start weighed. Life is sacred. I would like to yield to Dr. BROUN. to count that in decades, it’s been such Question number one, do you believe Mr. BROUN of Georgia. Thank you, a persistent and relentless effort that in the sanctity of human life? Answer, CHRIS SMITH. I greatly appreciate all has been made. yes, we all believe that. Then the only your leadership on this. As I listen to the dialogue here to- other question we have to ask, in what Madam Speaker, I’m a medical doc- night and I see the pro-life leaders that instant does life begin? I pick the in- tor. I’ve practiced medicine in Georgia are here in this Congress, the core of stant at conception. It’s the only in- for almost four decades. The very first the pro-life people that are on my side stance we have. If there was a moment bill I introduced in Congress, the first of the aisle and the help we have of before that, we should examine that. bill I will ever introduce in every Con- some of the pro-life people that are on The instant of fertilization/conception. gress, as long as the Lord continues to the other side of the aisle come to a Those two questions ask, do you be- send me up here, is one called the head here in this Congress this week lieve in the sanctity of human life? Sanctity of Human Life Act. It defines with the very idea that Congress might Yes. Does it begin in any other instant life beginning at fertilization. As a medical doctor, I know that pass a national health care act, a so- other than that of conception? No. that’s when my life and all of our lives cialized medicine act that would have Therefore, life begins at the instant of begin. Madam Speaker, God cannot in it the kind of language that would conception. continue to bless America while we are compel pro-life, God-loving, God-fear- It’s immoral to ask the American killing 4,000 babies every day through ing, unborn baby-loving and protecting people—to compel the American people abortion. He just cannot and will not Americans with a conscience to fund to fund abortion. because He is a holy, righteous God. abortions, and this would be the com- b 2000 He tells us in Jeremiah that He plete component of a socialized medi- Yet that’s what this Speaker is pre- knows us before we are ever knit to- cine piece of legislation that wouldn’t pared to do and that’s what we are pre- gether in our mother’s womb. We have just be cradle to grave, it would be con- pared to oppose. to stop abortion. We have to stop this ception to grave. We have long held Mr. SMITH of New Jersey. I thank bill that is going to continue to fund this standard in this Congress, with the my good friend. That was a very wise abortions with taxpayers’ dollars. The Hyde Amendment, with the Mexico and eloquent statement. future of our America depends upon it. City policy, that it is immoral to im- I would like to yield to Mr. BURTON Right to life is absolutely the central pose the costs of abortion on the people of Indiana. part of liberty and freedom in America. who strongly believe in this—it is a Mr. BURTON of Indiana. I thank the Madam Speaker, we cannot lose that majority of the American people that gentleman for yielding. right. strongly believe that innocent, unborn I won’t give my normal 20-minute Mr. SMITH of New Jersey. Dr. PHIL human life are human beings too. speech, but I would just like to say GINGREY. I simply ask two questions, and I will that CHRIS SMITH has been a leader on Mr. GINGREY of Georgia. Madam raise these questions in a high school the right-to-life issue as long as I have Speaker, I thank the gentleman for auditorium or anywhere across this been in Congress. He and Henry Hyde yielding. land. Madam Speaker, I especially were the stalwarts that were always We were on the floor last night and a make this point to the young people in fighting for the unborn, and I am very gentleman on the Democratic side on America. I tell them, You will have a happy to lend my support to their ef- the part of the majority in their hour, profound moral question to answer, forts. Mr. GRAYSON, talked about the number and it will be very soon that you need I would just like to say that in addi- of lives that were lost or are being lost to come to this conclusion. And when tion to the language that’s in the bill in every congressional district across you make moral decisions, they need that’s going to allow the taxpayer to this country because of the lack of to be very well grounded. They need to pay for abortions, this bill is really an health insurance. be grounded in the fundamental prin- abomination. The bill that is going to Last night I asked the gentleman to ciples. be before us Saturday costs $2.25 mil- yield to a friendly question, and my The first question that young people lion per word and the bill is over 2,000 question was going to be, Representa- need to ask is, is human life sacred in pages long. It’s going to cost $1.3 or $1.4 tive, are you pro-life or pro-choice on all of its forms? Do you believe in the trillion and maybe more than that. It’s the abortion issue? The gentleman sanctity of human life? I ask them to an absolute disaster waiting to happen. chose not to yield to me. I don’t really look at the person who sits next to It’s going to cause rationing; it’s going know the answer to that question to them. Is that person on your right, is to cause seniors to lose Medicare Ad- this day. their life sacred? The person on your vantage; it’s going to cost $500 billion But 4,000 babies are losing their lives left, is their life sacred? They will say out of Medicare and Medicare Advan- every day. I hope the gentleman is pro- yes. Is your life sacred? And, Madam tage. This is a disaster. life, because he said, Stand for life.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12442 CONGRESSIONAL RECORD — HOUSE November 5, 2009 GENERAL LEAVE line of a plan, an outline of a plan, not Americans with coverage would remain Mr. SMITH of New Jersey. Madam a plan, but just sort of like an outline about the same as it is now, roughly at Speaker, I ask unanimous consent that of one, and it’s not good. 83 percent. Let me read it again. The proportion all Members have 5 legislative days in It was always convenient to just of nonelderly Americans with coverage which to revise and extend their re- bang, bang, bang on what the Demo- would remain about the same as now, marks and include extraneous material crats were proposing, but now that about 83 percent, meaning that we have on the subject of my Special Order. America has said, okay, you guys don’t upwards of 16 to 17 percent who don’t The SPEAKER pro tempore. Is there like what the Democrats are calling have insurance. objection to the request of the gen- for, what have you got? And their an- swer was less than satisfactory. Going along with the Republican tleman from New Jersey? plan, the Republican plan tonight, as There was no objection. Under the GOP health plan—I don’t believe it’s been introduced as a bill we are discussing the Progressive Mes- f yet; it’s just sort of a plan—people with sage, we’re just going to talk about their plan since they got real expert THE PROGRESSIVE MESSAGE preexisting conditions would pay up to 50 percent more than average for insur- talking about ours, we’re going to let The SPEAKER pro tempore. Under ance coverage under the GOP plan. the American people know the real the Speaker’s announced policy of Jan- States would have to cover the rest of facts about the Republican plan. This uary 6, 2009, the gentleman from Min- the tab with a stable funding source. is not a criticism or an attack on any nesota (Mr. ELLISON) is recognized for This is Roll Call, November 4, 2009. individual member of the party appo- 60 minutes as the designee of the ma- Check it out. Under the Republican site. I regard that they are honorable jority leader. plan, most States already have such people, but we have to talk about their Mr. ELLISON. Madam Speaker, my plans but typically are much more ex- plan because it’s not a good one. And name is KEITH ELLISON. I am here to pensive than regular insurance and the reason they haven’t been bragging speak for the Progressive Caucus, to have not made much of a dent in the about it is because not even they are talk about the Progressive Message. ranks of the uninsured. Also from Roll proud of it. Tonight, before I begin, I just want Call. The Congressional Budget Office um- to say that my heart is sick and broken A key piece of earlier Republican pires say the House Republican health for the horrible tragedy that occurred drafts, tax credits that would help peo- plan would only make a small dent in at Fort Hood, and I ask all Americans ple afford insurance, was rejected by the number of uninsured Americans. to keep the families in their prayers the House minority leader as too ex- Let me say that again. According to and in their thoughts. pensive. Also Roll Call, November 4. the Associated Press article on Novem- I now will proceed with the hour. The Republican measure has no lim- ber 4, 2009, Congressional Budget um- Tonight is the Progressive Message, its on annual out-of-pocket costs, pires say, quote, the House Republican we are here to talk about a progressive which means bankruptcy for some. But health plan would make only a small message for America, a message that let me quote from the Roll Call article: dent in the number of uninsured Amer- says the human and civil rights of all The Republican measure has no limits icans. Wait a minute. I thought that they people must be respected; a message on annual out-of-pocket costs, nor does had some great plan. How can you not that says dignity of people, regardless it provide any direct assistance for un- of their race, class or religion must be make a dent in the number of unin- insured people to buy insurance. sured Americans and still claim you respected; a dignity that says that if 36 So how are we going to deal with the have a good plan? Their plan is an em- other countries in the world can pro- uninsured problem, which you and I barrassment. They’re not bragging vide universal health care coverage for pay for anyway? about it because they, themselves, their citizens, how come the richest The Congressional Budget Office, the know that it’s far more strategic to country in the world, not only the rich- CBO, has said on Wednesday that an al- just bash away on the Democratic plan est country in the world but the richest ternative health care plan put forward rather than talk about their own plan, country in the history of the world, by House Republicans would have, can’t do it. which is nothing but status quo and quote, little impact in extending keep insurance companies making lots Why do we have 50 million people health care benefits to roughly 30 mil- who are not covered? Why do we have a and lots and lots of money. That’s what lion uninsured Americans. This is from it’s all about—protect the wealthy and doubling of premiums for the people the New York Times. let everybody else do the best they can who do have health care coverage? Why Do you mean to tell me after all this with what they got. do we have people being excluded for a attacking of the Democrats’ proposal, Let me go to another important preexisting condition? Why do we have the Democratic plan, that the Repub- quote: Late Wednesday, last night, a these things? licans have just bashed us, week after bill that Republicans expect to offer as Well, the time for those things to end week, day after day, hour after hour, an alternative to the Democratic pack- is now. We are within grasp of major minute after minute—oh, it’s bad, bad, age received its assessment from the health care reform and no scare tac- bad, and that’s all you ever hear is congressional budget analysts who con- tics, no fear-mongering, no stretches of ‘‘no’’—they finally come up with their cluded that the proposal wouldn’t do the facts are going to change that. idea and they’re going to leave 30 mil- anything to help reduce the ranks of My colleagues on the other side of lion people uninsured? the uninsured. The CBO said some peo- the aisle are quite upset about the This has got to be April Fool’s Day ple would see higher premiums, includ- present state of affairs because they come early. The Republican bill has no ing older and sicker people. know that Americans want health care chance of passage, because Americans This is the Republican plan? Here is reform. They want health care reform, really don’t want it, because if they one. The CBO, the Congressional Budg- and I believe they’re going to get it. did, we would be talking about it. But et Office, begins with the baseline esti- I want to say that I have spent these I quote again from the New York mate that 17 percent of legal non- last several weeks talking about the Times: The Republican bill, which has elderly residents won’t have health problem. I have also spent many days no chance of passage, would extend in- care in 2010. That’s a lot of people. Sev- discussing the Democratic bill, and I surance coverage to about 3 million enteen percent of legal nonelderly resi- will do so tonight. people by the year 2019. dents won’t have health care insurance But I want to spend a little time Why aren’t they embarrassed? I have in 2010. That’s an indictment of the talking about what our friends on the no idea. The Republican bill, which has status quo, which the Republicans sup- other side of the aisle are proposing in no chance of passage, would extend in- port. their bill because, ladies and gentle- surance coverage to about 3 million But, in 2019, after 10 years of the Re- men, Mr. Speaker, we haven’t heard people by 2019, and, continuing to publican plan, the CBO estimates that much detail from the Republican side quote, would leave 52 million people it will still be stuck at 17 percent of of the aisle. We haven’t heard much at uninsured. The budget office said, the legal nonelderly residents not hav- all, but they recently put forth an out- meaning the proportion of nonelderly ing insurance.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12443 b 2015 people and saves $36 billion more than fact is that middle class, working-class That is from the Washington Post the Republican plan. Let me just say people struggling to make ends meet today. this again for people listening out are going to benefit from the Demo- My goodness, how in the world can there. I know you have been scared. crats’ proposal. our friends from the other side of the They want to tell you that the Demo- I just want to say that after years of aisle claim that they are offering an crats want to take away Medicare. Not the Republicans being in power, years improvement on the status quo when true. They are trying to tell you the where they had the House, the White they are not changing the proportion Democrats are trying to change the House, the Senate, doing nothing at all of the uninsured even 10 years from scenario as it relates to this very po- to help Americans, Democrats are tak- now? larizing issue among Americans, abor- ing care of business right now. I am so This is a scathing indictment, and I tion. It basically keeps things as they glad we had a lot of people and I was don’t expect to hear them talk much are today. They are trying to talk able to talk to constituents and others about their plan. And, if they do, they about death panels and school sex clin- about this important issue of health are not going to tell you about this, be- ics, and they are trying to say that care. Some of us started out not on the cause this is embarrassing to them. health care reform is only about the same page, but we ended up a lot closer They don’t want this out. They don’t uninsured. together because I was able to say here want you to know about this. They None of these things are true, and it are the true facts, not the made-up is important to come to the House want you to just keep on listening to ones. floor and refute these false allegations. the nonsense about death panels and I yield to the gentlelady from Cali- It is not the case, it is not right, it school sex clinics, and they want to fornia. isn’t true. Ms. WATSON. Madam Speaker, it is talk about the polarizing political I just want to say I am so proud to be issue of abortion. And I want to get to a pleasure and an honor for me to come joined by one of the finest Members of down and join my colleague, KEITH this issue of abortion in a little while. this body, my dear friend from the But I want to say that they want to ELLISON. He has been a driving force to great State of California, DIANE WAT- use polarizing language, polarizing bring reality to the public. SON. She is going to get her papers to- issues that divide Americans. They Congressman ELLISON, I want to gether; but when she is ready to start thank you for your diligence. What want to throw up scare tactics, all of it talking, I am going to yield to her ultimately accruing to the benefit of really gets to me is the misstatements, right away. the fear that has been put out to the the status quo now, which is an indus- I just want to say the Democratic public. And think about this: Why are try that reaps enormous magnitudes of bill that has been released covers 12 people ranting about health coverage profit at the expense of citizens who times as many people and saves $36 bil- and not reasoning about it? see their premiums escalate and see lion more than the Republican plan. It They have made fun of our President, themselves denied coverage and see re- covers 12 times as many people and Barack Obama. They have disrespected scissions and see all these things that saves $36 billion more than the Repub- him on this floor when a Member have cost the American economy dear- lican plan. Yes, I am going to keep say- hollered out for the first time in the ly and the American middle class. ing this on the House floor. It needs to history of this House, ‘‘You lie.’’ I hope This is a Washington Post quote: be said. ‘‘The Republican alternative will have The fact is, today we had a lot of the world saw that and questioned helped 3 million people secure cov- visitors in Washington, and I want to what that was all about. erage, which is barely keeping up with say welcome to those folks. My col- When they talk about NANCY PELOSI, the population growth. Compare that league from the great State of Min- the first woman to be Speaker, and to the Democratic bill, which covers 36 nesota, and I am so proud to be from talk about PelosiCare, that it is going million more people and cuts the unin- Minnesota, my friend, Congresswoman to take benefits away from seniors, those are lies. sured population down to 4 percent.’’ BACHMANN, invited people down, and How can the Republicans have a folks came. And I am glad they showed I tell people when they come up to straight face and offer this bill? How up, because democracy is good, and it me, remember, we started off trying to can they look you in the eye, after is good to have people here. cover Americans that had no insur- months and months of all of these dis- Now, I will say that many of the peo- ance, somewhere around 38 million. ruptive meetings, where people were ple who came down to support my col- Private insurance companies make disrupting meetings and causing so league from Minnesota, we probably profits off your health care. They make much trouble, causing so much fear, didn’t see the issue the same. But I just profits off the condition you are in. and this is what they have to show for want to say, I was honored to have Why should health, good health, be it? them in my office. I am so proud that profit-making? We should address the Madam Speaker, I can’t believe that I was able to talk to my colleagues. health needs of Americans. they honestly are offering this as a But here is the thing that broke my Now, you are going to hear the oppos- proposal. heart. As they were explaining to me ers say, You are putting our kids and According to the Congressional Budg- what their concerns were, they were our grandkids in debt. Well, they never et Office, the Grand Old Party, the Re- saying, I have been dropped because of said that when we fought an unneces- publican Party’s alternative, will shave a preexisting condition. They were say- sary war in Iraq, costing us $15 billion or cut $86 billion off the deficit in 10 ing, I have been unemployed and I a month. If we were to send additional years. But get this: the Democrats, ac- can’t find an insurance policy to cover troops to Afghanistan, it is going to cording to the CBO, will cut $104 billion me. They were saying, I am afraid that cost us $5 billion. And what do we get off the deficit. The Democratic bill is I am going to go bankrupt. My family as a result of that? Do you think we fiscally superior to the Republican al- doesn’t have any money. I lost my job. are going to be able to stabilize these ternative. My husband lost his job. What are we nations thousands of miles away at the According to the Washington Post going to do? And I said, you know expense of our people and our country? today, you can read it, according to the what? You got on the wrong bus com- Just today, there was a horrible mas- CBO, the Republican alternative only ing here, my friend. This Democratic sacre on one of our greatest and largest cuts $68 billion off the deficit in the bill is the one you need to be looking bases, Fort Hood in Texas. Think about next 10 years. The Democratic bill cuts at. all the medical personnel that would $104 billion off the deficit. That is just The fact is that good people have have to be there to care for those 31 about $40 million more. been scared away from policy that is that were injured. Twelve people lost Wait a minute. Aren’t these the guys going to help them. Good people, made their lives. And one of the suspects is a who always complain about the deficit afraid that policies that are going to mental health professional, a major and spending and all this? Maybe that help them are not for them. And that is who is a licensed psychiatrist. What claim rings hollow. a shame. does that tell you? The Democratic bill, however, in So we had to come down here to the So what are we trying to do? If we other words, covers 12 times as many House floor today to explain that the want to be the strongest Nation on

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12444 CONGRESSIONAL RECORD — HOUSE November 5, 2009 Earth, we have to be sure Americans most of our immigrants don’t come than the Republican plan. How can are strong. We have to provide for from across the southern border, they that be? The Republican plan, which those less able than many of us. come from across the Pacific Ocean. was just recently introduced to the You are going to hear people say you Vietnam—you have heard of some of American people, actually doesn’t save don’t want government running your these places—Korea, Japan, China, and as much money and doesn’t cover as health care. They don’t do anything they come with their own needs. We many people as the Democratic plan successfully. Then you are already con- try to accommodate human beings in when they are just getting started. demning our victory that some people our State. Our State is the largest You and I know when you first intro- are expecting in Iraq and Afghanistan State in the Union, and we are suf- duce a bill, it is just going to get sand- and so on. If government doesn’t do fering like many other States, but we papered. People are going to wear it anything successfully, then we all are suffering to provide the necessary away. People show up and say, I don’t ought to go home. We are a fraud. needs of our citizens. like this part, and I don’t like that But ask this question: What is Medi- We say for all Americans, we can part. After a while, your bill used to be care? What is Medicaid? What is Social quibble over whether they are here le- here, and it is getting less and less. It Security? These are government-run gally or whatever, but what we are try- doesn’t meet as much of your vision, programs as part of that safety net. ing to do is provide quality health care but that is okay, that is democracy. In the richest country on Earth, why for Americans. We have to come in here and we have should anyone go hungry or go without So I don’t understand those people to give and take and try and consider health care? If we had a government- who are ranting and are outraged. everybody’s interests. sponsored option, and let me just de- They believe the lies they have been But this Democratic bill, having gone fine for the people who don’t under- told. through a very rigorous process of de- stand the meaning of ‘‘option,’’ ‘‘op- Mr. ELLISON. I talked to some of mocracy, the writer here calls it a sau- tion’’ says you make the decisions. It the people walking around today. I was sage grinder, still saves way more is a misstatement to say that govern- impressed with how good and decent money and covers way more people ment will get in between you and your many of them were. Many didn’t have than the Republican bill. I want to doctor. That is so untrue, and the peo- the facts straight. Many were suffering know, how can that possibly be? Where ple who are saying that know it. with real problems with health care. I are these great ideas we have been Mr. ELLISON. If the gentlelady will think we need to take the time to talk hearing about? yield, is it not the case today that to people. The fact is everyone knows You remember during President some insurance company bureaucrat there are certain TV people and radio Obama’s speech in this very room, can get between a patient and her doc- personalities, and I am not even going they’re holding up pieces of paper, here tor? to give them credit by mentioning is our plan, here is our plan, and they Ms. WATSON. I chaired the Health their names, but these people, because come up with a plan that is more ex- and Human Services Committee in the of entertainment and ratings, they try pensive and doesn’t cover as many peo- California State Senate in Sacramento, to play on tear and whip up anxiety ple as the Democratic plan. There is a California, for 17 years; and we put in among Americans who are just trying reason why the American people voted place a program. We were always com- to put food on the table. So they get overwhelmingly to send Democrats to ing up against HMOs, health mainte- scared. Congress last November because this is nance organizations. If a doctor pre- People want to express themselves the best they could come up with. It is scribed a particular drug for his pa- politically, but the leaders in front of actually quite embarrassing. I feel a tient, they would have to call in to them are not giving them good alter- little bad for them. some other office, maybe it is the sec- natives, they are just giving them fear. I yield back to the gentlelady. retary or whatever, and say, Can the They are saying, Be afraid of those im- Ms. WATSON. I always say be a seek- doctor prescribe this medicine for the migrants. Be afraid of those people er of truth. I taught school for many patient? If it wasn’t on the formulary, over there who are not the same reli- years. I told my youngsters, you need it won’t happen. gion as you. Be afraid of these people to reason. Let’s think this through to- over here. Just be afraid. As people are gether. I can tell you anything. Seek 2030 b afraid, they are easier to manipulate. the truth. Check it out. When it is said So I know the experiences because We ask people to overcome their fear that we are going to take benefits being there 17 years and having people and get the facts. away from seniors, that is untrue. come and testify in front of us because If I may just offer a few more cri- When it is said that government, who an HMO said I want 150,000 patients in tiques of the Republican bill. Here is fails at everything it does, you know, my pool, and they are all-out in south what The Washington Post said: Amaz- how are they going to do this, we are central Los Angeles, our hospital ingly, the Democratic bill has already not running the program. What we do closed out there, they were assigned to been through three committees and a is allow citizens to come to the mar- a hospital maybe 30 or 40 miles away, a merger process. It is already being ketplace and choose a plan, A, that mother with her three children would shown to interest group and advocacy they can afford; B, that is accessible; C, have to spend 3 hours trying to get organizations and industry stake- that will allow them to get into the health care. It is not accessible. holders. It has already made com- coverage even if they have asthma, I know of what I speak. I lived promises and been through the legisla- even if they had breast cancer, even if through it. We designed policies so we tive sausage grinder. And yet, it covers they have diabetes, they can come in could address the human needs of all of more people and saves more money and be covered. our people. And we can’t have a suc- than the blank-slate alternative pro- You can say to seniors under our cessful democracy if we discriminate. posed by House Republicans. plan, when you hit that doughnut hole, What I mean by discrimination, we Now I just want to ask the gentlelady you won’t go through the hole and hit fought the battles in the 1960s discrimi- from California, we have been working rock bottom because we are going to nating against people of color. Now we on health care for a long, long time. I close that hole. are trying to fight the battle of poor have had to deal with angry folks at Mr. ELLISON. Which party was in people, fight for them who cannot af- angry community meetings. People are power when the doughnut hole, the ford this expensive insurance. worried. They are concerned. We have doughnut hole that people are falling In my State of California, if we didn’t walked through that fiery furnace and into that needs to be fixed and is going have this plan, your insurance would done those tough town meetings. We to be fixed by the Democrats, what go up by $1,800 for the year for a family have withstood all of that. You would party was in power when the doughnut of three. So I am doing everything I think that our bill would be watered hole came to be? can. You know, we live in a State that down to the point where it couldn’t Ms. WATSON. The Republicans were is the first State in the Union to be a help anybody, but that isn’t the case. in the White House, they had the Sen- majority of minorities. What most peo- The Democratic bills covers 12 times as ate and this House. I was in here. We ple don’t know, don’t want to know, is many people and saves $36 billion more were in here until 6 in the morning. I

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12445 watched them browbeat one of the the debate on reform has been intense, thorized to be in America and people Members. She had voted, and they but it is a good thing. Let’s get this all who are nonelderly, if the proportion of brought her back and huddled around out in the open and then let’s correct uninsured is 17 percent, shouldn’t we be her, and she was in tears until she the misstatements. Let’s be sure that better off in 10 years? Under the Repub- changed her vote. we educate the people with the truth, lican plan, we will not be. I think that That was the worst thing we could do and just know that nothing has been is a complete failure of their effort. for seniors because when they fall into done behind closed doors that you have The Affordable Health Care for Amer- that hole after they have spent $2,700, not heard. ica Act put forward by the Democratic- they fall into that hole and they can- We can debate it on this floor, and we led Congress extends coverage to 36 not afford to buy food or to pay their are going to do that. So I want to end million more Americans. Today, 83 per- rent if they are going to buy their pre- by saying we can have a better Amer- cent of the nonelderly Americans are scriptions that keep them living day by ica. We can keep our people healthy. uninsured. Under the Democratic plan, day. We can have peace, but it starts here. 96 percent of nonelderly Americans will Why should an American, and par- And we need to come together as a be insured. That’s what I call success. ticularly our seniors, have to make House of Representatives; not as Demo- I hope some of our friends on the other that kind of choice? We are not playing crats, Republicans, Independents, side of the aisle come on and join this with this. You know, I have heard peo- fighting each other. We can express our plan that’s good for America. ple say they have done it in secret in positions, and we can do it with com- The House Republican bill does not some dark, smoky room. It has been up ity. We can do it with collegiality. We reduce the number of people who must on their e-mails, it has been up on can do it by listening to someone else’s buy insurance on the individual mar- their computers for weeks. There is a position. ket because they’re self-insured, don’t process that you go through and you do I am going to truly close, but when I have coverage of their employer, or not violate the process in Congress. held my last community forum, I said: lose their jobs. This segment of the Every bill that comes out of a com- All of you have the right to be heard, market now pays the highest premiums mittee has to be heard, and most Mem- but you don’t have the right to disrupt and consumer abuses by the insurance bers have time to speak to that bill and and block me from hearing you. So if industry. No change in this unfair most Members vote on the bill with an you do that, then you will be escorted practice. audience out there. toward the door. If you have a ques- The Affordable Health Care for Amer- And if the bill gets a number of tion, write it down. Be proud of your ica Act put forward by the Democrats votes, then it leaves that committee. It question and put your name on it. If creates a health insurance exchange might go to another, but everyone you don’t put your name on your ques- with a public plan as one of the choices knows the process. tion, it goes to the bottom of the list. people have that provides competition Now they are saying well, you’ve So we will listen to you and respond to and offers large group rates to employ- taken three bills and you are blending you, but you cannot block the commu- ees of small businesses, entrepreneurs, them together and we don’t know what nication. and Americans looking for jobs. Under is in those bills. I have even heard So what we are doing is trying to the Democratic plan, affordable op- Members come up with these thick communicate with Americans out tions and affordability credits make all stacks of paper and say look at this. there in the field. We are going to ex- the difference, something the Repub- Well, when you write law that you ex- press the truth the best we can. Thank lican plan—even though they’ve had all pect to impact on Americans, you bet- you so much for having tonight’s Spe- this time to think of something good, ter put everything in there you mean, cial Order. We really appreciate your haven’t been able to think of anything and that is where you use the word commitment and your dedication. good at all. ‘‘shall.’’ I heard the minority leader Mr. ELLISON. I thank the gentlelady Preexisting conditions. The Repub- say, Do you know how many times and appreciate the gentlelady’s re- lican bill fails to require insurance they used the word ‘‘shall’’? Well, if marks about collegiality, and also the companies to end the practice of dis- you want it to be law, you need to say gentlelady reassuring our seniors about criminating against Americans with ‘‘shall.’’ If you don’t mean for it to be- what is really in the bill. This whole preexisting medical conditions. Let me come law, then you can make it per- fear thing about scaring seniors about just say this one more time, Mr. missive and say ‘‘may.’’ Let’s explain taking away their Medicare, I really Speaker. The Republican bill fails to the process to our people. Let’s not don’t appreciate. My dad was born in require insurance companies to end the keep the people ignorant. Let’s educate 1928 and my mom was born in 1938. practice of discriminating against them. As an educator, that is what I Both of them are folks who would be Americans with preexisting conditions. want to do. classified as seniors, both very active, There’s no wonder that they have and To finish, I want to let our seniors vibrant people, and both of them defi- will spend their time this evening talk- know that the majority of people in nitely active at the polling places and ing about the divisive, polarizing issue this Congress know that our health voting. of abortion, this very important issue care system in this country is broken which has Americans of goodwill argu- and we want to strengthen what is b 2045 ing both relatively strongly held posi- working. Medicare has provided health And they’ve actually asked me, Is tions, trying to get us fighting over care for Americans age 65 and older for this really true? And I have to explain, that when we’re talking about health the last 44 years, and it is working. Mom, no, it isn’t true. But the reality care reform. They say, Don’t worry When they say they want a coverage is this is a campaign tactic to try to about this health care reform. Let’s like ours, we are covered under Medi- scare seniors and try to scare all kinds talk about this divisive issue that has care. And it will be strengthened under of Americans. I’m of the mind that, divided Americans for so long. This is the House’s reform legislation. The re- let’s not use fear tactics, let’s use logic not a bill about abortion. This is a bill form will mean better benefits at lower and truth. about health care reform. Why don’t cost and will preserve Medicare sol- Here’s a few facts: they want to talk about that fact? vency for years to come. And without The House Republican bill will cover The Republican bill does not repeal reform for all Americans, health care just about 3 million more Americans antitrust exemptions for health insur- costs will keep rising and could jeop- over the course of 10 years. Today, 83 ance companies. Why not? The Repub- ardize Medicare’s ability to keep cov- percent of the nonelderly Americans lican bill does not repeal antitrust ex- ering the costs. are insured. Under the GOP plan, 83 emptions for health insurance compa- Rising costs hits seniors, their wal- percent of nonelderly Americans would nies. Why do they want to protect the lets, too. And so with the average part still be the proportion of the uninsured health insurance companies? Why don’t D plus part B premium consuming an in 2019. No change. they want the health insurance compa- estimated 12 percent of the average So- So I ask the gentlelady, look, if the nies to compete? Who is getting PAC cial Security benefit in 2010, and it will problem today is the high percentage money from the health insurance com- be 16 percent by 2025, so we know that of the uninsured, people who are au- panies? Let’s find out.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12446 CONGRESSIONAL RECORD — HOUSE November 5, 2009 The House Republican bill does not don’t believe it. Small chemical facili- We want to thank you for that. include provisions to stop price ties are already regulated by the DHS. The Democratic bill covers 12 times gouging by insurance companies. Why The bill requires DHS to assess poten- as many people and saves $36 billion not? The Affordable Health Care for tial impacts of IST on small busi- more than the Republican plan. The Americans Act put forth by the Demo- nesses. And $225 billion in grant fund- New York Times, the Budget Monitor crats—and, again, we’ve only had the ing is available for small businesses. says: GOP leaves many uninsured. White House for a few months and only This will interfere with business op- Again, the Congressional Budget Of- had this Chamber, been the majority in erations. The fact is is that this bill fice said Wednesday that the alter- the House for a couple of years; not will not interfere with business oper- native health care bill put forward by long. We haven’t been here long, but ations, it will not be a boon to plain- House Republicans would have little even though we haven’t been here long, tiffs’ attorneys, and it will not do any impact on extending health benefits to we’ve come up strong, because this bill, of these things that are claimed by the roughly 30 million uninsured Ameri- the Democratic bill, ends discrimina- Republicans over and over and over cans. You can go right down the ranks, tion against Americans with pre- again. but piece after piece shows that this existing medical conditions. The We hear the Republicans say we need Republican plan that they released is Democratic bill finally ends the anti- to have tort reform. Let me just say, if abysmal. trust exemption. The Democratic bill you have a loved one who has a medical I want to have some conversation gives States $1 billion to crack down on error, you have a right to go to court about the Republican plan, because price gouging by health insurance com- over that. Don’t let anybody scare you they’ve been beating up on the Demo- panies. away from your right to go to court cratic plan from the very beginning, The fact is American consumers and when a doctor or a hospital fails to yet it has gone through three commit- small businesses deserve better than meet medical standards. tees. It has had a merger process. It has what the Republican bill offers to Ms. WATSON. Would you yield? been beaten and smashed and attacked, them. The Democratic bill, the Afford- Mr. ELLISON. Yes, I will. and yet, still, still the Democratic bill Ms. WATSON. You know, it’s always able Health Care for America Act, is a is far and away superior to the Repub- very interesting to me. I sat on the Ju- fiscally responsible bill that will re- lican plan, maintains its public option. diciary Committee for 17 years and I duce the deficit by $104 billion over 10 The fact is I think the American people carried the California trial lawyers’ years; way more, way more, $36 billion are really going to start seeing who is funding bill every other year. And of more than the Republican bill. And I looking out for their health. course opposition would say, frivolous. want to know, if the Democrats can Let me turn now to a few health care Well, if your right leg was amputated stories if I may. face this very difficult process that and the condition was in the left leg, A good friend, Amy. Amy says, ‘‘I’m we’ve gone through all summer—I had they amputated your right leg, the a graduate student working part-time health care forums in my district and first thing you would do is run to get at a restaurant. I applied for individual so did the gentlelady from California. the most high-powered lawyer you health insurance through Medica, hop- Some people came up very upset be- could and you would sue the doctor and ing to pay their nice low rate, $99 a cause they’ve been listening to some of the hospital out of business. So you month for a pretty good plan and a these radio guys and some of these TV can say frivolous cases, but when it fairly low deductible; however, Medica guys scaring them and giving them comes to your own health and the denied my individual application be- misinformation, so they come into the health of your loved ones—and I meeting upset, loaded for bear. They haven’t seen a company without its set cause I marked on my application that want to talk to me. I want to talk to of lawyers. So we use them when we I have anxiety and take medication for you, Mr. ELLISON. But when the facts want to be sure that the law works on it. It is a little ironic; not having in- come out, they’re like, Oh, okay, I get behalf of ourselves and our loved ones. surance gives me more anxiety. it now. And we just ask people to keep If it’s for somebody else, it’s frivolous. ‘‘I was recently approved for group their minds open. So let’s think about what we’re saying health insurance through a company I just say that if the Republicans with tort reform. that owns the restaurant I work for. have a real alternative around health And we can lower the cost if we have However, to stay on the group plan, I care, how come they didn’t come up quality health care, meaning we have have to maintain a workload of 24 with anything in the House from 1994 quality personnel. And do you know hours a week on average over a year, to 2006? Nothing did they come up with. there are provisions in our bill that which can be hard to do as a full-time Oh, they did veto SCHIP. We’ve got to will help to subsidize medical students student. This group insurance is give them credit for that. Vetoed that want to go into primary care? And through Medica, and I will be paying SCHIP. Vetoed State Children’s Health so we want to build a whole cadre of $95 each month, which is affordable for Insurance Program; can you imagine quality health providers that will prac- me. However, I got a letter from Med- that? Oh, my goodness. I think that tice medicine on behalf of the human ica saying that my anxiety is consid- that is not good service to the Amer- interest to keep our people healthy. ered a preexisting condition, so any ican people. So when we talk about tort reform, treatment or medication for it will not I do hope we get some Republican let’s think it all the way through and be covered for a year. After 1 year, I votes on this bill because I think there don’t treat it in a frivolous way. can appeal for coverage. In the mean- has got to be some Republicans who Thank you very much, and good time, I will continue to pay for my say, You know what? Skip all the bick- night. medication out of pocket and not go to ering. The Democrats have been open Mr. ELLISON. Well, let me just therapy because it will be too expen- to our ideas when we offered them, but thank the gentlelady for that, because sive. we didn’t offer them because we would the reality is that Republicans are say- ‘‘Please pass Federal health care re- rather beat the Democrats at the polls ing, Oh, we have a plan on tort reform form that includes a public health in- than give Americans real health care and we want to give tax cuts and tax surance option that is affordable to reform. Think about that. They would breaks—they’ve been talking about middle-income families in Minnesota.’’ rather beat the Democrats at the polls fragments of their plan for a long time, This young lady would not be barred and try to use this as a political thing but when the reality of their plan came from getting health care insurance be- rather than say, You know what? We’re out, it was pretty dismal. I mean, cause of her anxiety, which the insur- going to do something for the Amer- here’s what Ezra Klein says, of the ance company called a preexisting con- ican people. Oh, my goodness. Washington Post: Republicans are dition, yet under the Republican plan Let me turn to this poster board I learning an unpleasant lesson this she still would be. have here. The Democratic bill—let’s morning. The only thing worse than David from Minneapolis: ‘‘I am a set the record straight. Here’s a myth: having no health care reform plan is small business owner and do provide The Democratic bill will hurt small releasing a bad one, getting thrashed health care to my employees, but this businesses. Not true. If you heard it by the CBO, and making the House is a serious financial risk to my com- today or if you hear it later today, Democrats look good. pany. It’s a moral issue, so I don’t want

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12447 to cancel health insurance, but I might health care. It is where small busi- ing us the time for the Progressive have to in order to survive. It’s scary nesses or individuals will go. They, of message. I yield back the balance of to think about not being able to pro- course, will pay the full market rate. my time. vide health insurance for employees or There will be many private companies f going under as a business. Knowing that will participate in the exchange MESSAGE FROM THE SENATE that I would always have access to reli- and that will design products for the able, affordable health care would re- exchange. It is not a benefit. It is sim- A message from the Senate by Ms. lieve my fears. ply a marketplace. We’ve never before Curtis, one of its clerks, announced ‘‘I would like to tell those who op- barred anyone from being able to pur- that the Senate has passed with an pose health care reform that this is a chase a product like health insurance amendment in which the concurrence moral issue. We should be taking care at full price because of one’s citizen- of the House is requested, a bill of the of each other. It’s an embarrassment to ship or immigration status, nor is it House of the following title: our country to be one of the wealthiest good policy. H.R. 2847. An act making appropriations countries and not have health care for I think that many of us on both sides for the Departments of Commerce and Jus- all. Please pass Federal health care re- of the aisle would agree that we tice, and Science, and Related Agencies for form that includes a public insurance shouldn’t have as large an undocu- the fiscal year ending September 30, 2010, and option.’’ mented population as we do. I dare say for other purposes. we shouldn’t have an undocumented The message also announced that the b 2100 population at all. There might be dif- Senate insists upon its amendment to We’ve been joined by JARED POLIS, ferent solutions to that. Mine would the bill (H.R. 2847) ‘‘An Act making ap- who is an excellent advocate for the simply be to normalize the status of propriations for the Departments of people’s rights. He has been very vocal those who are here, who work hard and Commerce and Justice, and Science, and has been a strong advocate of who contribute so much to our coun- and Related Agencies for the fiscal health care reform. I want to turn it try. My colleagues on the other side of year ending September 30, 2010, and for over and yield to my friend from Colo- the aisle, who also agree we shouldn’t other purposes,’’ requests a conference rado (Mr. POLIS). have a large undocumented population, with the House on the disagreeing Mr. POLIS. I would like to thank Mr. might, in fact, have a different solution votes of the two Houses thereon, and ELLISON, certainly, for the kind intro- to that. appoints Ms. MIKULSKI, Mr. INOUYE, Mr. duction and for sharing very powerful Insofar as they are here, we should, LEAHY, Mr. KOHL, Mr. DORGAN, Mrs. stories. all of us, regardless of where we stand FEINSTEIN, Mr. REED, Mr. LAUTENBERG, I have had the opportunity to share a ideologically, want them to buy insur- Mr. NELSON (NE), Mr. PRYOR, Mr. number of stories on the floor of the ance with their own money if they are BYRD, Mr. SHELBY, Mr. GREGG, Mr. House of Representatives, and these willing to. They certainly all won’t; MCCONNELL, Mrs. HUTCHISON, Mr. AL- are all real people who are impacted. I but to the extent that they do, they are EXANDER, Mr. VOINOVICH, Ms. MUR- think that, perhaps, my colleagues in less of a burden on the rest of us. Any- KOWSKI, and Mr. COCHRAN, to be the the House and those watching us can body who would seek to prevent them conferees on the part of the Senate. see in themselves some of the experi- from accessing the exchange, which f ences that American families go will really be ‘‘the place’’—‘‘the place’’ HEALTH CARE REFORM through. for individuals to buy insurance—effec- We’re not just talking about the un- tively is saying that taxpayers should The SPEAKER pro tempore (Ms. PIN- insured out there, some mysterious subsidize illegal immigrants. GREE of Maine). Under the Speaker’s group that you’re not a part of because Frankly, I think that there are many announced policy of January 6, 2009, you might have insurance. We’re talk- across the country who have a problem the gentleman from Georgia (Mr. ing about American families, American with that. To prevent undocumented GINGREY) is recognized for 60 minutes. families who are worrying because one immigrants from being able to buy in- Mr. GINGREY of Georgia. Madam of the parents lost a job; we’re talking surance from the exchange is saying Speaker, I thank you for the time, and about soccer moms; we’re talking that taxpayers should pay for their I thank my minority leadership for the about people with preexisting condi- health care. They’re going to go to the time. tions. emergency rooms. They won’t have in- We will spend our hour talking about I want to briefly talk about immigra- surance. The costs will be shifted to health care reform; and we will try to tion in the context of immigration and the rest of us and to taxpayers. We compare and contrast, Madam Speaker, health care reform. I received some should encourage our undocumented many of the policies that were just de- false information from an anti-immi- population to buy insurance with their scribed by our colleagues on the Demo- grant group. The name of this group is own money. Again, I don’t think all of cratic side of the aisle, by the majority the Federation for American Immigra- them will, but some of them will. party Members: the gentleman from tion Reform. They’re actually a group That’s a very good thing, and I’m very Minnesota, the gentlewoman from that fights against immigration re- hopeful that many undocumented im- California, the gentleman from Colo- form, but their name says that they’re migrants will participate in this ex- rado. A number of statements were for immigration reform. change. made in regard to their bill, the Pelosi They believe—and I believe that The exchange makes health care af- health care bill, the 2,000-page bill. In similar comments have been echoed on fordable for individuals. Right now, we fact, Madam Speaker, I have that bill the floor of the House of Representa- have an issue where individuals don’t behind me, and we’ll take a look at it tives—that there is in the health care have the buying power of big compa- in just a few minutes. bill before us something that allows il- nies. If you have a preexisting condi- We certainly want to talk about the legal aliens to game the system and to tion, which is that scarlet letter that 261-page bill, Madam Speaker, which is access taxpayer-subsidized health care so many residents of our country wear, the Republican alternative that, in- benefits. forget about it. Whether you’re a cit- deed, as we know from a letter that we What they’re seeking to do—and it izen or a noncitizen, if you’re an indi- just received yesterday from the Direc- would significantly raise the cost of vidual, the exchange will allow you to tor of the Congressional Budget Office, the bill should they succeed—is to pre- pool your risk. The exchange has the across the board, the Republican alter- vent our undocumented population, buying power that previously has only native lowers the price of health insur- some 12 to 15 million people who reside been enjoyed by large corporations. It ance premiums on an average of 10 per- in our country and who contribute in allows one to negotiate the very best cent. I’m not sure that my colleagues so many ways, from buying insurance rates with insurers. Once again, the ex- who have left the floor now—and if through the exchange. change is not a benefit. It is not a prod- they were still here, I would be happy Now, remember, the ‘‘exchange’’ is uct. to yield them time, but I’m not sure something that doesn’t exist today. It’s Mr. ELLISON. I just want to say that they can say that with regard to set up under law. It is not subsidized thank you, Madam Speaker, for allow- this massive, monstrosity of a bill of

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12448 CONGRESSIONAL RECORD — HOUSE November 5, 2009 over 2,000 pages that they are going to majority party—because, after all, it is benefit to Medicare, which is some- have on the floor of this great body on your bill that’s going to be voted on, thing that our seniors have been want- Friday, tomorrow, to debate and on not our bill. We have a bill. It will be ing for so many years, long before I Saturday morning to vote on, the out- a motion to recommit—a substitute, if even thought about running for Con- come of which, of course, remains to be you will—of 261 pages, which brings gress. The problem, of course, was that seen. down the cost of health insurance in 1965 when Medicare was enacted, the Madam Speaker, I wanted to take a across the board on an average of 10 emphasis was on surgical procedures little time, though, at the outset to percent. I don’t think that they can and on hospitalizations, and we didn’t talk about the thousands and thou- say, Madam Speaker, that you can say, have all the wonder drugs back then, sands of great Americans who came to that the majority party can say, that 40-something years ago, that we have Washington today to bring a message your bill does that. This bill, according today. to this Congress—a message to their to the Congressional Budget Office, b 2115 Members on both sides of the aisle but saves $61 billion over 10 years. especially on the Democratic major- Now, Madam Speaker, I heard my So why was a prescription drug ben- ity’s side of the aisle—to tell them how colleagues say just a minute ago that efit so important? Why did the Repub- strongly they are in opposition to the their bill, which is the Pelosi bill, saves lican majority at the time spend so Federal Government’s taking over our $100 billion over 10 years, but the Con- much political capital giving that to health care system lock, stock and bar- gressional Budget Office, again, that the American people and our 40 million rel. bipartisan group of expert economists of them who are on Medicare? Madam Speaker, I had an oppor- who works for the Congress, the Direc- It’s because they couldn’t afford it. tunity with many, many of my col- tor of whom is hired by Speaker The price of these prescriptions had leagues, led by Mr. ELLISON of Min- PELOSI, said it’s going to cost to create gone up, these wonder drugs, research nesota, the gentleman who just spoke; this legislation $1.55 trillion over 10 and development, very expensive. And his colleague from the great State of years. people were halving the dose and in Minnesota, Representative MICHELE So, my colleagues, if you save $100 many cases not taking their medica- BACHMANN; and others. There were billion but you’ve spent $1 trillion, do tion if it ran out before the month was many who worked very hard in putting the arithmetic. This is not calculus. over and they had to wait 2 more weeks that together and in encouraging peo- It’s certainly not brain surgery. You to get another prescription. And the ple to come to Washington—to take have spent a whole lot of money saving people with high blood pressure were time away from your jobs, away from $100 billion. In fact, my math tells me having strokes. The people with high your families. There were many physi- that you’re kind of in the red there cholesterol were having heart attacks. cians in the group. They did it. They about $900 billion. It’s ludicrous. It’s The people with diabetes, which was did it. We had an opportunity to speak absolutely ludicrous. out of control because they couldn’t to them. I say again, Madam Speaker, to those buy their insulin, were having their When I took my minute or so, folks who came up—to those great limbs amputated. People with kidney Madam Speaker, I said to them, You Americans who came today on buses disease were ending up on dialysis ma- know, you’re bringing a second opin- and in cars and on planes, many of chines and in a long cue maybe for a ion. You are practitioners of common whom traveled 16 hours—and I met renal transplant. sense. You are practitioners who love some great Georgians from my State. We, in a very compassionate way, freedom and liberty. You’ve looked at They’re folks I had talked to last week- Madam Speaker, passed Medicare part this bill. You’ve probably read it. end when I was home, and I encouraged D so that these seniors could afford to You’ve probably read more of it than them to come. They did. They came. A have those prescriptions filled and to have most Members of Congress, and contingent of the disabled came. I was take them in a timely way. And I stand you have made a diagnosis. You have so proud to see them. here today very proud that I voted taken the medical history, and you This was not a mob, Madam Speaker. ‘‘yes’’ on that bill on this House floor have done the physical examination. These were not thugs. I’m not sug- in the wee hours of that morning, yes. You have checked the pulse of the gesting that you or any Member of this A very close vote because all the American people, and you have found it body has referred to them in that way, Democrats were voting ‘‘no.’’ All the strong. You have checked the blood but certainly the media has; the press Democrats were voting ‘‘no.’’ pressure of the American people, and has—and it’s insulting. It was insulting But what this bill has done has given you have found it, Madam Speaker, ris- back in August when all of these sen- them affordable prescription drug cov- ing. You have taken a stethoscope, and iors showed up for these town hall erage. And it will keep these seniors, have listened to the heart of the Amer- meetings. Every Member was describ- more importantly than the cost, out of ican people, and you have heard it ing town hall meetings that had 10 the emergency room. It will keep them pounding, pounding for freedom and times as many people as they had ever off the operating table. It will keep liberty; and you have made a diagnosis, seen before. It’s true for me in my dis- them out of a long-term skilled nursing and you have written a prescription. trict, and I’m in my fourth term. It’s home where they might be for life hav- Madam Speaker, these tens of thou- true for others. We’ll hear from Con- ing had a massive stroke because prior sands of people who were here today gressman JOHN BOOZMAN from Arkan- to 2003 they couldn’t afford the blood brought that prescription to Capitol sas, and we’ll hear from Congressman pressure medication to lower that Hill, and here is what it said: PAUL BROUN from the great State of blood pressure to a safe range. So, yes, Dispense no taxpayer money to fund Georgia, from Athens; and they’ll tell I’m proud of that. I’m very proud of it. abortions. Dispense no taxpayer money you the same thing. Our Democratic counterparts, to provide government subsidies to il- These were nice people. These were Madam Speaker, then in the minority, legal immigrants, despite what my col- senior citizens. These were Medicare they fought it every step of the way. leagues on the majority side of the recipients, and they were scared to And they absolutely insisted, until the aisle have said. Finally, that prescrip- death, and they are scared to death final moment when they knew that tion said: dispense not one dime of my today. I know that, of those who they couldn’t accomplish it, they want- hard-earned taxpayer money to allow couldn’t come, many of them maybe ed the government to step in and con- the Federal Government to take over are shut-ins and who for health reasons trol prices. They wanted government our health care system and one-sixth of were not able to come but would have price control then and they want it our economy, and come between me loved to have been here. You were well now. It wasn’t necessary then, Madam and my doctor. That’s the prescription represented, and you will be well rep- Speaker and my colleagues, and it’s that these great Americans came to resented in this Chamber come Satur- not necessary now. Washington to bring today. day morning when it’s time to vote. The free market works in this coun- I hope, Madam Speaker, I hope that My colleagues on the other side of try. It always has and it always will. the Members of Congress on both sides the aisle referenced back to the days in The monthly price of those prescrip- of the aisle but especially within the 2003 when we added a prescription drug tion drug plans, on average, was $24

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12449 when the Democratic minority said have tried desperately to have an op- And I mentioned, of course, the CBO that it would be $40. In fact, the Demo- portunity to meet with the President. score and that’s fantastic. But I think cratic minority wanted us, the Repub- We’ve sent letters. He said the door it is important for our colleagues to lican majority at the time, to agree to was open, but if the door was open, un- know, especially those who are unde- set the price at $40 a month. We fortunately the several gates getting to cided. And quite honestly, I think, wouldn’t do it because we knew, the door were closed. Madam Speaker, there are a lot of Madam Speaker, that the free market But I’m honored at this point to undecideds. works and we wanted to see that com- yield to my good friend from Arkansas, I know there are many caucuses in petition without the heavy hand of the Dr. JOHN BOOZMAN. the Democratic majority. You have 257, government in there being a compet- Mr. BOOZMAN. I appreciate the gen- something like a 40-seat majority over itor and a rule maker and a referee, tleman from Georgia yielding to me. us Republicans. And you have those just exactly what your party and its I also want to thank you for your many caucuses. You have the Hispanic leadership, Ms. PELOSI, the Speaker; leadership on the Doctors Caucus as Caucus. You have the Congressional Mr. REID, the majority leader; and yes, one of the co-Chairs. You’ve done an Black Caucus. You have the Progres- President Obama—they want the heavy outstanding job. sive/Liberal Caucus of which Speaker hand of the government in this bill. I think one of the reasons that’s so PELOSI is, I guess, the titular head. And And what they really want, and I important, I think the reason that we then you have the Blue Dog Caucus, imagine if any amendment is made in had so many thousands of people up some 52 members, who many of them, order, it will be the one that will be here today—and I would just echo your Madam Speaker, and I know you’re proffered by our friend from New York sentiments about the importance of aware of this, hold seats that Can- (Mr. WEINER) from my Energy and that. As I looked around, I saw all of didate Senator JOHN MCCAIN carried in Commerce Committee and part of the these predominantly middle-aged and the 2008 election. So their districts, majority party, an amendment that seniors that had made a trip, made a Madam Speaker, are not unlike mine. would have a single-payer national tough trip in many cases from all over And I won my last election, my third health insurance program. Socialized the country. I think it’s due to the fact re-elect fourth term with 69 percent of medicine. that we’ve worked very, very hard as a the vote. And I know that many of If we see any amendment, Madam conference. And under your leadership these Members are agonizing over their Speaker, I am going to predict that as one of the co-Chairs, I think the vote come Saturday. that will be the one that will be here Doctors Caucus has done a good job of Our colleagues earlier—I think the because, in fact, they want to make trying to get accurate information as gentlewoman from California was here that statement one last time. They to what this bill actually does. in 2003 when we had the vote on Medi- won’t have quite enough votes to pass We did a town hall teleconference 2 care modernization and the prescrip- tion drug plan, Medicare part D. And it, but there will be a significant num- days ago. And as you said, there are she said some things that were accu- ber. And I think my colleagues cer- many people all over the country that rate in regard to the length of the vote tainly on our side of the aisle, we un- would have loved to have been up here and the fact that it was a very close derstand that. We understand what the today, but they couldn’t get up here. vote, and when the clock struck double plan is. And the American people un- And we did a poll during the course of zeros, there were still people unde- derstand that. But the majority party that teletown hall. We had 12 percent cided. And there was still a lot of per- and this President and this administra- for, 75 percent against, 13 percent unde- suasion going on. Maybe a little arm tion and all the folks that are advising cided. And I think if we had done that twisting, maybe a few calls from the him, many of whom I guess advised a few months ago, the numbers President, the Secretary of Health and wouldn’t have been that great. President Clinton and his wife, Hillary, Human Services, a lot of weeping and The more the American people learn 15 years ago, they don’t seem to get it. gnashing of teeth. And then, of course, about this bill, the unintended con- Maybe they’re not going to get it until finally that bill did pass at 5 o’clock in sequences that are going to occur, the that first week in November of 2010. the morning, as I recall. We’ve got a lot of things to talk more they don’t like it. I would say to the gentlewoman from about tonight, Madam Speaker, and I The gentleman talked earlier about California, you ain’t seen nothing yet am pleased and honored to have my somebody working in a place and was a until we get to 2 days from now, on colleagues join me. The hour is getting part-time employed person. The reality Saturday, when we’re trying to—when late. A lot of times folks at this point is that under this bill, as you start tax- I say ‘‘we,’’ I think most people on my in the evening are ready to go home ing small business the way that it does side of the aisle, if given the oppor- and get a little rest, do a little reading for full- and part-time employees tunity to vote on our bill, would vote before they go to bed and face a long, where you don’t offer good enough in- ‘‘yes,’’ every one of us, but I doubt if hard, tough day tomorrow. But they’re surance by government standards, there will be too many of us voting for here. They’re here tonight. That old many of those jobs are going to dis- the Federal Government to completely saying ‘‘miles and miles and miles to appear, and this truly is a job killer. take over our health care system. go before I sleep.’’ I’m not sure which I’m going to go ahead and yield back And there’s going to be some arm of our poets wrote that. Maybe it was because I really want us to talk about twisting and there’s going to be some Robert Frost. But my colleagues are our alternative versus what’s being blood letting, not literally but figu- with me tonight because they know presented. I want us to talk about the ratively. A lot of persuasion going on. how important this is. fact that we’re not cutting Medicare. I So we’ll see what happens. They know that they are the senti- have got 25,000 Advantage patients in I am also joined by a good friend nels. And we’re going to fight this my district. Our bill does not cut them who, like Dr. BOOZMAN, is a part of our thing, and we’re going to do everything in any way. That program goes ahead GOP Doctors Caucus. Dr. PAUL BROUN in our power to stop it because we and continues on. Then I also want to is one of three doctors, three on the know it’s wrong. It’s the wrong pre- talk about the effect on small business, Republican side, from the great State scription for America. our bill cutting the insurance rates of Georgia. Our other colleague who is Let me at this point, Madam Speak- versus taxing small business in the chairman of the Republican Study er, yield to my good friend and fellow other plan. Committee, 110 conservative Repub- doctor from the great State of Arkan- Mr. GINGREY. Reclaiming my time, lican members, Dr. TOM PRICE chairs sas. Dr. BOOZMAN is a part of the GOP I thank the gentleman and I hope the that group. Doctors Caucus. We have been meeting gentleman will stay with us so we can And I want to, Madam Speaker, men- on a very regular basis during this en- continue—— tion the fact that Dr. PRICE was also tire 111th Congress. We’re 11 months Mr. BOOZMAN. Yes, very much. very involved in this effort today to into it now. Time really flies when Mr. GINGREY. Because I do want to have this House call on Congress and you’re having fun. But this group has, hear from Dr. BOOZMAN in regard to the bring these 15,000. In fact, Dr. PRICE I think, brought a lot of knowledge to Republican alternative and some of the moderated that and did an excellent our side of the aisle on this issue. We unique things that he’s talking about. job.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12450 CONGRESSIONAL RECORD — HOUSE November 5, 2009 b 2130 The second thing it is going to do is But I did want to take this a step fur- But Dr. BROUN has been wonderful on it’s going to destroy the State’s budg- ther before yielding back to the gen- this issue, brings a tremendous amount et. In Georgia, as the gentleman from tleman from Arkansas, Dr. BOOZMAN. of knowledge, plus about 40 years of Georgia, Dr. GINGREY, knows, we have We’re not only stealing our children’s clinical experience as a family practi- a balanced budget amendment to our and grandchildren’s futures, Dr. tioner who it comes as close to Marcus State Constitution. Well, this bill BROUN—and I know you know this—we Welby as anybody I have met in years shifts a lot of cost in unfunded man- are stealing their present. Now, let me because he did house calls. dates to the State because it expands explain. Madam Speaker, I will now yield to Medicaid. Georgia is already struggling First of all, Mr. Speaker, the irony of Dr. BROUN so that we can hear from to meet its balanced budget amend- that is that in the cohort of people age him. ments and is already cutting services 18 to 29 in this recent election, 66 per- Mr. BROUN of Georgia. I thank the in the State of Georgia. This bill, for cent of them voted for then-Senator, gentleman, Dr. GINGREY. I did house the State of Georgia, from everything I now-President, Obama. They elected calls full time prior to coming to Con- can tell, is going to increase the cost to him. In the 18- to 29-year-old cohort, 66 gress in 2007, and I actually still make Medicaid to the State of Georgia $1 bil- percent. Of that group, Mr. Speaker, house calls. lion. We don’t have that kind of that’s the highest plurality for a Presi- I appreciate the people coming here money. The State of Georgia is going dent ever from that age group. I don’t today and getting in the house call to have to cut its services markedly or impugn their motive or their vote. business. They made a house call on increase taxes. That’s what’s great about this country. the people’s House, and I congratulate Mr. Speaker, the Governors all over I’m not sure why each and every one of them on doing so because their voices this country should be contacting the 66 percent made that decision. I’m were heard. The Constitution of the every single Member of Congress in sure they were, as I was, impressed by United States. I carry it in my pocket their delegation and telling them to then-candidate Senator Obama’s all the time. I believe in this docu- vote ‘‘no’’ on this Pelosi bill that is youth, his energy, his charisma, his ment, as it was intended by our Found- going to take over the health care sys- communication skills, and he made ing Fathers. It starts out with three tem. It’s going to destroy States’ budg- promises. He made attractive promises. very powerful words. ets. It’s going to destroy everybody’s You know, after 8 years of an adminis- Mr. GINGREY of Georgia. And if the home budgets because taxes are going tration, people are ready for a change, gentleman will yield just for a second, to go up on all goods and services, par- and he promised them change. Indeed, I just for the visual effect. Congressman ticularly health care services. But think he said a change that they could GINGREY also carries it, and I think there is going to be taxes on every sin- believe in. My English teacher would every Republican—this document is gle small business and large business in have changed that and said a change in not what we describe as a living, this country, which means that those which they can believe. But in any re- breathing, changing document unless taxes are going to be passed through at gard, it made a good sound bite. we do it under the rules of the Con- an increased cost for every good and Shortly after the President was stitution by amendment, but I wanted service in this country. So everybody, elected and inaugurated, the President to let the gentleman know that I, too, including the middle class, the poor was asked by the media or asked by the carry this every day. people, those on limited income, the el- minority about these policies of mas- I yield back. derly are going to have to pay more for sive government expansion in every Mr. BROUN of Georgia. Thank you. everything that they buy, for every sphere, and his response was a glib, The Constitution starts out with service that they contract for. So it’s Elections have consequences. three extremely powerful words ‘‘We going to destroy everybody’s home Mr. Speaker, indeed, elections have the People.’’ We the People are speak- budgets. consequences. That’s what I’m talking ing, and they don’t want a government It’s going to destroy our children’s about, Dr. BROUN, in regard to robbing takeover of their health care system. futures. It’s going to destroy their fu- our youth not only of their futures but In Hosea 4:6, God says, ‘‘My people are tures because Congress is borrowing of their present, because this bill that destroyed for lack of knowledge.’’ Mr. and spending dollars that our children guarantees community rating and uni- Speaker, the Doctors Caucus and Dr. and our grandchildren are going to versal coverage, it drives up the cost of GINGREY have been trying to educate have to pay for. So we’re stealing their health insurance for all of our young, the people about the onerous effects of future. healthy 18- to 29- to 39- to 45-year-olds a government takeover of health care. Scripture says in the Ten Command- who are taking care of themselves, who I just want to mention a few of those ments, ‘‘Thou shalt not steal,’’ and I are exercising, who are not overweight, things. call on this House to stop stealing our who don’t smoke. Today, they’re able— Dr. BOOZMAN, my good friend from children’s and our grandchildren’s fu- in most States—to be able to get af- Arkansas, was already mentioning the tures. fordable health insurance because their increased taxes and the attacks on Mr. GINGREY of Georgia. If the gen- lifestyle is less risky and because their small business. But this bill, if it’s tleman will yield back to me, and I age is less risky. passed into law, is going to destroy our think that is a very, very good point. What the President and what Speak- economy. It’s going to destroy our Mr. Speaker, I agree with the gen- er PELOSI and Leader REID and the economy because it’s going to spend— tleman that it, indeed, is stealing our Democratic majority want to do is right now CBO, with their zombie eco- children’s futures to have a current have a one-size-fits-all, where the costs nomics, is going to spend over $1 tril- debt of $11.2 trillion. A trillion, you for people that are in their fifties—ob- lion. I call it zombie economics because can’t imagine. I’ve heard Members de- viously not eligible yet, Mr. Speaker, you have to be a dead person walking scribe what $1 trillion is. I won’t try to for Medicare—it will lower the cost of around to believe the accounting proce- do that tonight. It’s unfathomable. Our health insurance for them, and that’s a dures that CBO went about utilizing in current debt is $11.2 trillion. good thing. But at the same time, it evaluating this bill. But this bill has It’s estimated that in the next 10 to drives up significantly the cost of been scored by CBO as costing over $1 15 years, if we continue down this road, health insurance for those low-risk in- trillion. When Medicare was passed that debt will be $24 trillion. We’ll be dividuals. In fact, today, many young into law 40-some-odd years ago, CBO, paying more interest on the debt than people will choose a low premium, a when they evaluated it then, they we do on discretionary spending. We’ll low monthly premium, you know, missed the mark. In fact, Medicare, in have no money to defend our country. maybe $100 a month, with a very high the first decade, cost almost 10 times In talking about that Constitution, deductible, and they’ll combine it with what CBO scored it, and that’s exactly when you really look at it, there is a health savings account. Under this what’s going to happen with this one. I nothing in here about spending tril- plan, H.R. 3962, they will not be per- think 10 times will be a conservative lions of dollars for health care or for mitted to do that. estimate of what the CBO is scoring it. education, but we just keep spending Mr. Speaker, we are robbing the fu- It’s going to destroy our economy. and spending. ture of the youth of America.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12451 With that, I yield to my friend from cept for neurosurgery and neurology, Mr. GINGREY of Georgia. Reclaim- Arkansas, Dr. BOOZMAN. in that community. ing my time, I think the gentleman is Mr. BOOZMAN. Let me just say that, Then from there, the Lord moved me making some excellent points, but we again, one of the concerns that I have to Oconee County, just outside of Ath- do want to have a moment to talk are the unintended consequences that ens, Georgia, where I still live today. about our alternative. Dr. BROUN is are going to be as a result of the bill, Athens is a town of a little over 100,000 holding that up now, the 261-page Re- as you are talking about now. people. There are two hospitals in Ath- publican alternative that’s fully paid I had a gentleman call me, oh, a ens, Georgia. St. Mary’s, I am on the for, that cuts insurance premiums on month or so ago, and he owns several foundation board. I have worked with average by 10 percent across the board, fast food restaurants. Many of the peo- St. Mary’s Hospital. It’s a Catholic according to the CBO, and saves $65 bil- ple that he employs are part-time em- hospital. I have worked with them for lion over 10 years. ployees. They’re high school kids going years, trying to help provide care for I am going to yield back to Dr. to school, working a little bit on the indigents and people that don’t have BOOZMAN. Before I ask him to go side, many, many college kids. He said insurance and to help that hospital be through a couple of slides with us, I that if this bill goes through and he’s viable. But we also have Athens Re- want to point one out to our col- going to have to be responsible for pro- gional Hospital. leagues, this second opinion. I talked viding coverage for all of those part- b 2145 about this earlier, about these great time employees—he provides the cov- Americans that were up here today, as erage now for the full-time employ- Now that I am a Member of Congress, Dr. BROUN referenced. They were mak- ees—he simply can’t do that. In this I represent the northeast corner of the ing a House call on the House, their economy, that’s so tough, you know. State of Georgia, and we have a lot of House, the people’s House, absolutely. He’s barely making it now. So the first small community hospitals scattered Their second opinion included, I thing he’s going to do is start laying through my congressional district in talked about that prescription: dis- off those kids. So again, the unin- Hart County and Elbert County and pense no money to pay for abortions, tended consequences of them not hav- Thomson, which is McDuffie County, dispense no money to pay for illegal ing a job, going to school and things and a lot of these, and I can go on. immigrants, dispense no money to let a like that, those are the things that There are many small rural hospitals. big government bureaucracy take over we’re going to see so much as a result Now, back to something I just said our health care system and come be- of this. earlier in Hosea 4:6: My people are de- tween our great doctors and their pa- I will give you another example. This stroyed for lack of knowledge. What tients, indeed, our constituents. But bill hits community hospitals very, it’s going to do if the Pelosi bill, this also in their second opinion they are very hard. The only way that you can one right here in front of me, is passed going to say and they did say today, save money is to consolidate. In Ar- into law, small rural community hos- many of them are wearily driving back kansas, and I know in Georgia where pitals all over this country are going to home now, but they said, and I point you gentlemen are from, there are close down. Small communities are out in this slide: patients don’t want many, many community hospitals. You going to have all those people who government-run health care, period. start consolidating. You start work there be jobless. They are going Now, I am going to yield to Dr. ratcheting back on your community to be put out of work. BOOZMAN for a few minutes, because I hospital. That’s probably the best jobs Folks are going to have to drive have got a couple of slides. I hope he in that community, you know, well miles and miles to those regional hos- can see those. He should; he is an op- paid and all of the ancillary things pitals to get the health care that they tometrist. He knows about eyesight. I that they buy and things. It is a big so ably deserve. This is not a health will lend him my glasses if he needs part of the economy. You lose your care bill. This is a health insurance bill them. But we will go through a couple hospital. It’s not too long that you lose to set up—in fact, the President him- of bullet points and talk about things your physicians? You lose your doc- self has said he wants to establish so- that people are outraged, Mr. Speaker, tors, you lose your providers. You lose cialized medicine where the Federal outraged over. your providers, and then at that point, Government is the only insurer. This It’s unbelievable, but I will yield to you really start talking about losing bill is the step that they need to put Dr. BOOZMAN and let him talk about it. these small communities. that into place. Mr. BOOZMAN. Well, again, our first So again, there are so many things That’s exactly why the progressives, point that it is not government-run out there that this is such a huge deal. I call them Marxists, because that’s health care, and we have alluded to You can be for this or against it, but really their philosophy is Marxism or that earlier. We don’t federalize 16 per- the reality is that it truly is a massive communism, socialism, is based upon, cent of the economy. We don’t cut sen- increase in government. this bill is a step to go to that social- iors to pay for health reform. Mr. BROUN of Georgia. Would the ized medicine. But not only the health Again, I have 25,000 Advantage mem- gentleman yield? care markets and small community bers. The Advantage Program is so im- Mr. BOOZMAN. Very much so. The hospitals are going to be put out of a portant to them. Also, the other Medi- only other point I would make is that, job. The President’s economic adviser care cuts, you can’t increase the popu- from Washington, the important as- has said 5.5 million people are going to lation by 30 percent that you are going pects of health care—who does what, lose their job, so it’s going to destroy to serve, not give them any more re- who gets paid or whatever—are going jobs all over America. sources. Something is going to give and to come out of Washington, D.C., Mr. Speaker, if the American people the quality of care will suffer with the versus from a myriad of places right could see this document and under- Pelosi plan. now. stand how onerous it is, they would say It doesn’t raise the deficit. Your Mr. BROUN of Georgia. Well, I appre- ‘‘no,’’ and they should. This is the Re- fourth point, health care choices, not ciate that, Dr. BOOZMAN. I practiced publican alternative that’s going to be government mandates. Then, again, medicine for a few years in Blakely, considered on and voted on Saturday. this is a bipartisan compromise. Georgia, a town of 5,000 people. We had Look at the difference in the size. The other thing I would add, I heard a small community hospital there. I The Republican Party is the Party of the discussion earlier, people from Ar- moved from there to Americus, Geor- Know, k-n-o-w, know. We know how to kansas, it just drives them crazy when gia, which has 17,000 people; 25,000 in lower the cost of health insurance for they hear us talking about giving, al- Sumter County, Georgia, both down in everybody in this country and let the lowing illegal immigrants to buy sub- rural southwest Georgia. doctor-patient relationship be how sidized health care programs. I mean, We had a regional hospital in Sumter health care decisions are made. This that’s something that they just don’t County, an excellent regional hospital. bill is going to put a bureaucrat from understand. At the time I was there, we had a little Washington D.C., making health care I am very much opposed to that. I over 30 doctors in Americus, Georgia. decisions for every single person in this know that you all are very much op- We had just about any specialty, ex- country. posed to that.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12452 CONGRESSIONAL RECORD — HOUSE November 5, 2009 But, again, that’s something that the lier. That’s going to be a huge impact at all. If anything, we need to be shor- majority of this country does not un- on our States, and the States have to ing up Medicare. derstand, why we would want to do either raise taxes or cut services in The other thing, too, is that they add that. Our country is struggling. We are order to provide that service. Again, significant increased population, in- barely—I get the phone calls, as an op- that’s a real problem. creased patients to the thing. We al- tometrist, a provider. I used to see peo- Mr. GINGREY of Georgia. Dr. ready have 10 percent-plus. I think ev- ple all the time that couldn’t afford BOOZMAN, I don’t think there is any- eryone agrees it’s at least 10 percent in their health care. That’s what we are thing about raising Medicare coverage fraud and abuse. trying to do to fix. to 150 percent and putting this burden Why increase the system? Why not But the idea, like I say, of giving ille- on the back of States in the Republican take care of the problems that we have gal immigrants subsidies such that bill, is there? got now, shore it up so we don’t have they can buy makes no sense at all to Mr. BOOZMAN. No, not at all. In problems in 2017 before we just throw the average American. That’s one of fact, I think an unintended con- more money into it and just create the reasons so many people are opposed sequence that we might see that people even more problems? to this is things like this in the bill. need to look at is many of our State Mr. GINGREY of Georgia. Dr. Mr. BROUN of Georgia. Some people county employees, city employees, our BOOZMAN, reclaiming my time, I am so may say that that’s a racist comment teachers, I don’t think that they will glad you elaborate on that $570 billion you just made. meet the mandate that is pushed for- Medicare cut, because that’s 12 percent First thing, they are not immigrants. ward in the Pelosi plan. I think that a year over the next 10 years. We are They are aliens, they are law breakers, will up their costs greatly at the State not spending $570 billion today on they are criminals, and they need to go level. Again, that’s going to have to be Medicare; I can assure you we will in home. We certainly should not give taken through increased property taxes the very near future, but we are not them taxpayer subsidies, not only and things like that to pay that bill. today. So a $570 billion cut is more health care but a lot of the taxpayer So many unintended consequences. than what our yearly expenditure is subsidies, and they are getting them Mr. GINGREY of Georgia. Dr. today on Medicare. So over a 10-year today. In spite of being against the law period of time, about a 12 percent cut. BOOZMAN, I did want to go back to my getting Medicaid, SCHIP, they are get- first bullet point. Again, my col- The most egregious cut is coming from ting those things today because they leagues, I refer you to this slide that’s Medicare Advantage. Some 120-some- have fraudulent Social Security num- on the easel, ‘‘no $570 billion in Medi- thing billion dollars, a 17 percent cut bers, fraudulent driver’s licenses. They per year, from that program. care cuts.’’ Well, if that program was just some are criminals. They need to go home. If the camera could focus on Dr. I want to tell you, I have been ac- fluke that a few seniors signed up for BROUN for a second, because that bill, cused of being a racist by saying things and it wasn’t that good of a program that bill, H.R. 3962, is right in front of like that. But I also volunteer as a and we were wasting money on it, that him. I am glad he is not trying to hold medical doctor at a clinic called Mercy would be one thing, Mr. Speaker. But Clinic in Athens, Georgia, and the vast it, because we would be working on his 20 percent of our seniors are Medicare majority of people that come to that back tomorrow; he would probably be patients. They love it; they love it. are illegal aliens, people who have no in a back brace. They get prescription drug coverage insurance. I have devoted my time, and But in that bill, that $1.055 trillion so they don’t have to sign up for part D there are 40-some-odd doctors in our pay-for includes this $570 billion, $570 and pay that extra monthly premium. community that devoted our time to billion cuts in Medicare. They get an annual physical. You don’t go take care of sick people who need Dr. BOOZMAN, would you elaborate on get that in Medicare fee-for-service. our help. some of those cuts and why that should They get screening, they get follow up, I have a heart for them, but I also be- be of some concern to our seniors, be- they have a nurse practitioner call lieve in the law. cause the folks on the other side of the them after their appointments to make Mr. GINGREY of Georgia. Reclaim- aisle, Dr. BOOZMAN, Dr. BROUN, Mr. sure they are taking their medication. ing my time, Dr. BROUN, as I referred Speaker, my colleagues, just an hour They have a nurse call them when it’s to him earlier as a modern day Dr. ago said they don’t need to worry time for the next appointment, and Welby, I like the compassion, and I about that; they are not going to hurt they are staying healthy. The Presi- know that he treats people without re- them. They are going to be okay. Let’s dent and the majority party and all of gard of their ability to pay, and he is a talk about that a little bit. us agree that preventive care is cheap- good man. Mr. BROUN of Georgia. They lie. er than treating the illness. I wanted to go back to Dr. BOOZMAN They lie. Yet you want to cut that program? because we got into talking about the Mr. BOOZMAN. Well, I will just say That’s bizarre to me. cost. This next slide, and I want my this—— colleagues to look closely, please. I Mr. GINGREY of Georgia. Well, you b 2200 hope you can see this because these know like some others on this side of I want to yield to my friend from three bullet points are hugely impor- the body Dr. BROUN just spoke out of Athens, Dr. BROUN. He may want to tant. I will ask Dr. BOOZMAN to begin turn, but we will forgive him for that. discuss the $700 billion in taxes in addi- to comment on the very first one. I will yield now officially to the gen- tion to the Medicare cuts and where Because on this chart, on this slide, tleman from Arkansas. that is going to come from and whose this is how the Democrats, the Pelosi Mr. BOOZMAN. Well, we have a situ- back is that on. Is this from the ultra- health reform bill comes up with the ation where Medicare gets in big trou- rich, Bill Gates and Warren Buffett and $1.055 trillion to so-call pay for this ble and goes broke in 2017 without aid. folks like that? thing and not add one dime, as they I have many people call me, I know Mr. BROUN of Georgia. Yes, they are say, to the deficit. that you guys do too, that have moved going to pay higher taxes. Everybody Mr. BOOZMAN. Right. Well first one, to town, you know, that maybe their in this country is going to pay higher no $570 billion in Medicare cuts, which mom has moved in or something, they taxes, from the extremely rich to the again is such a concern to seniors and can’t find a Medicare provider now be- poorest people; but most of those taxes why they are very much, I think, as a cause physicians, because we are not will come on the backs of the small group, opposed to this bill, at least in paying them what it takes to see some businesses. That is the reason that the the Third District of Arkansas. No 700 of these patients. President’s own economic adviser has billion in taxes on employers and citi- They are starting to either not ac- said that 5.5 million jobs in America zens. Again, small business is very, cept new Medicare patients, or they are are going to be destroyed. People are very concerned about the impact that limiting the Medicare patients that going to be put out of work because of this is going to have on their busi- they already see. Again, we are already that tax burden that is placed on small nesses. seeing a form of rationing. businesses. No taxing States. The Medicaid in- So to make 570 billion in cuts, with This whole bill, this Pelosi health creases, Dr. BROUN alluded to that ear- that going on, its just makes no sense care takeover, is going to destroy

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12453 America. It is going to destroy every- No rationing of care. The seniors lowing title, which was thereupon thing we have in America. don’t want to get thrown under the signed by the Speaker: Let me tell you a little story. Re- bus, but they will under H.R. 3962. H.R. 3548. An act to amend the Supple- cently, I was talking to one of the Blue No employer mandate. It is unconsti- mental Appropriations Act, 2008 to provide Dog Democrats, and I asked him to tutional to force them. We want to en- for the temporary availability of certain ad- show me in this document where courage them. We want to lower the ditional emergency unemployment com- NANCY PELOSI has the constitutional prices, as the Republican bill does, so pensation, and for other purposes. authority to take over the health care they can get health care insurance, but f system in America. He could not be- in a voluntary way. cause this is unconstitutional. BILLS PRESENTED TO THE And we don’t want to have taxpayer- PRESIDENT Mr. GINGREY of Georgia. Mr. Speak- funded coverage for illegal immigrants. er, we have just a few minutes left. And we don’t want to pay for abor- Lorraine C. Miller, Clerk of the This bill that we are talking about, tions with taxpayer dollars. House reports that on October 30, 2009, H.R. 3962, this bill that we will be vot- Mr. Speaker, thank you for your pa- she presented to the President of the ing on on Saturday, this massive in- tience. We will be back tomorrow United States, for his approval, the fol- crease in bureaucracy, when it came night. God bless you and good evening. lowing bills. through the Energy and Commerce H.R. 3606. To amend the Truth in Lending f Committee, I counted that it had 53 Act to make a technical correction to an czars. I think we are up to 120 now. But LEAVE OF ABSENCE amendment made by the Credit CARD Act of the most egregious of all the czars that 2009 have been created through this bureau- By unanimous consent, leave of ab- H.R. 2996. Making appropriations for the cratic bill is someone called the health sence was granted to: Department of the Interior, environment, choices administrator. Mr. PATRICK J. MURPHY of Pennsyl- and related agencies for the fiscal year end- Now the health choices adminis- vania (at the request of Mr. HOYER) for ing September 30, 2010, and for other pur- poses trator is the person who is going to say today on account of the birth of a what has to be in every health plan. child. f That is why I was talking about driv- f ADJOURNMENT ing up the prices for the youth of America, and why we are robbing from SPECIAL ORDERS GRANTED Mr. BROUN of Georgia. Mr. Speaker, their present as well as their future. By unanimous consent, permission to I move that the House do now adjourn. This health choices administrator is address the House, following the legis- The motion was agreed to; accord- going to be more powerful than the So- lative program and any special orders ingly (at 10 o’clock and 6 minutes cial Security administrator. They are heretofore entered, was granted to: p.m.), the House adjourned until to- going to decide not only are we going (The following Members (at the re- morrow, Friday, November 6, 2009, at 9 to force you to buy insurance or we are quest of Mr. MCDERMOTT) to revise and a.m. going to charge you a 2 percent fine, extend their remarks and include ex- f maybe put you in jail, or force your traneous material:) OATH OF OFFICE MEMBERS, RESI- employers to provide insurance for Mr. TOWNS, for 5 minutes, today. DENT COMMISSIONER, AND DEL- your employees or fine you 8 percent, Ms. WOOLSEY, for 5 minutes, today. EGATES or maybe put you in jail, too. The per- Mr. BISHOP of New York, for 5 min- son that is making those decisions on utes, today. The oath of office required by the what type of plan is offered, and, Mr. Mr. DEFAZIO, for 5 minutes, today. sixth article of the Constitution of the Speaker, I am sure these low-premium, Mr. MCDERMOTT, for 5 minutes, United States, and as provided by sec- high-deductible health savings ac- today. tion 2 of the act of May 13, 1884 (23 counts are the types that young people Mr. SESTAK, for 5 minutes, today. Stat. 22), to be administered to Mem- love because it gives them protection Ms. KAPTUR, for 5 minutes, today. bers, Resident Commissioner, and Dele- against ‘‘horrendoplasty,’’ as we call it Ms. CHU, for 5 minutes, today. gates of the House of Representatives, in medicine, a terrible car accident (The following Members (at the re- the text of which is carried in 5 U.S.C. which causes them to lose a limb, and quest of Mr. ROE of Tennessee) to re- 3331: every bit of their financial where- vise and extend their remarks and in- ‘‘I, AB, do solemnly swear (or af- withal. clude extraneous material:) firm) that I will support and defend Here on this slide is a caricature of Mr. MORAN of Kansas, for 5 minutes, the Constitution of the United the health choices administrator. The November 6. States against all enemies, foreign gentleman from Georgia recognizes Mr. REHBERG, for 5 minutes, Novem- and domestic; that I will bear true him because he ran Hazard County, ber 6. faith and allegiance to the same; Georgia. His name was Boss Hogg. Mr. POE of Texas, for 5 minutes, No- that I take this obligation freely, Some may be too young to remember vember 7 and 12. without any mental reservation or the ‘‘Dukes of Hazard,’’ but Boss Hogg, Mr. JONES, for 5 minutes, November 7 purpose of evasion; and that I will he made all of the decisions. He was and 12. well and faithfully discharge the the health choices administrator. And Mr. ROE of Tennessee, for 5 minutes, duties of the office on which I am Boss Hogg says, kind of like Big Boss today and November 6. about to enter. So help me God.’’ Hogg says, the President of the United Mr. DUNCAN, for 5 minutes, today. has been subscribed to in person and States, you can have whatever you like Ms. ROS-LEHTINEN, for 5 minutes, No- filed in duplicate with the Clerk of the as long as the boss approves it. As long vember 7. House of Representatives by the fol- as the boss approves it. Mr. GOODLATTE, for 5 minutes, today. lowing Member of the 111th Congress, Let me just conclude by saying the (The following Members (at their own pursuant to the provisions of 2 U.S.C. people that came up here today had a request) to revise and extend their re- 25: prescription for America, and they told marks and include extraneous mate- JOHN GARAMENDI, California, Tenth. us, and I had one, too. I had it in my rial:) f pocket, I just didn’t have a chance to Mr. LINCOLN DIAZ-BALART of Florida, share it. for 5 minutes, today. EXECUTIVE COMMUNICATIONS, Here is my 10 prescriptions for a Mr. GOHMERT, for 5 minutes, today. ETC. healthy America: No government-run health care plan. f Under clause 2 of Rule XXIV, execu- No cuts to senior care. tive communications were taken from No new deficit spending. The Presi- ENROLLED BILL SIGNED the Speaker’s table and referred as fol- dent promised that. Mr. Lorraine C. Miller, Clerk of the lows: No new taxes. That is in the Repub- House, reported and found truly en- 4515. A letter from the Chairman, Council lican bill. rolled a bill of the House of the fol- of the District of Columbia, transmitting a

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12454 CONGRESSIONAL RECORD — HOUSE November 5, 2009 copy of D.C. ACT 18-229, ‘‘Anacostia Business ting the Department’s final rule — Safety 4537. A letter from the Attorney Advisor, Improvement District Amendment Act of Zone; Pungo Ferry Bridge, North Landing Department of Homeland Security, transmit- 2009’’, pursuant to D.C. Code section 1- River, VA [CGD05-06-012] (RIN: 1625-AA00) re- ting the Department’s final rule — Special 233(c)(1); to the Committee on Oversight and ceived October 15, 2009, pursuant to 5 U.S.C. Local Regulations for Marine Events; Ap- Government Reform. 801(a)(1)(A); to the Committee on Transpor- proaches to Annapolis Harbor, Spa Creek and 4516. A letter from the Attorney Advisor, tation and Infrastructure. Severn River, Annapolis, MD [CGD05-06-102] Department of Homeland Security, transmit- 4527. A letter from the Attorney Advisor, (RIN: 1625-AA08) received October 15, 2009, ting the Department’s final rule — Safety Department of Homeland Security, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Zone; Sabine-Neches Canal, Intracoastal Wa- ting the Department’s final rule — Safety mittee on Transportation and Infrastruc- terway Mile Markers 279, Port Arthur, TX Zone; San Diego Bay, San Diego, CA [COTP ture. [COTP Port Arthur-07-003] (RIN: 1625-AA00) San Diego 06-051] (RIN: 1625-AA00) received 4538. A letter from the Attorney Advisor, received October 15, 2009, pursuant to 5 October 15, 2009, pursuant to 5 U.S.C. Department of Homeland Security, transmit- U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- ting the Department’s final rule — Safety Transportation and Infrastructure. tation and Infrastructure. Zone; Live-Fire Gun Exercises; San Diego, 4517. A letter from the Attorney Advisor, 4528. A letter from the Attorney Advisor, off of Point Loma, CA [COTP San Diego 06- Department of Homeland Security, transmit- Department of Homeland Security, transmit- 003] (RIN: 1625-AA00) received October 15, ting the Department’s final rule — Safety ting the Department’s final rule — Special 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone; Sabine-Neches Canal, Intracoastal Wa- Local Regulations for Marine Events; Chesa- Committee on Transportation and Infra- terway Mile Markers 281, Port Arthur, TX peake Bay Bridge Swim Races, Chesapeake structure. [COTP Port Arthur-07-002] (RIN: 1625-AA00) Bay, MD [CGD05-06-022] (RIN: 1625-AA08) re- 4539. A letter from the Attorney Advisor, received October 15, 2009, pursuant to 5 ceived October 15, 2009, pursuant to 5 U.S.C. Department of Homeland Security, transmit- U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- ting the Department’s final rule — Safety Transportation and Infrastructure. tation and Infrastructure. Zone; Chesapeake Bay, Chesapeake Channel, 4518. A letter from the Attorney Advisor, 4529. A letter from the Attorney Advisor, MD [CGD05-06-077] (RIN: 1625-AA00) received Department of Homeland Security, transmit- Department of Homeland Security, transmit- October 15, 2009, pursuant to 5 U.S.C. ting the Department’s final rule — Safety ting the Department’s final rule — Safety 801(a)(1)(A); to the Committee on Transpor- Zone; Sabine-Neches Canal, Sabine River, Zone; San Diego Bay, San Diego, CA [COTP tation and Infrastructure. Orange, TX [COTP Port Arthur-07-001] (RIN: San Diego 06-051] (RIN: 1625-AA00) received 4540. A letter from the Attorney Advisor, 1625-AA00) received October 15, 2009, pursuant October 15, 2009, pursuant to 5 U.S.C. Department of Homeland Security, transmit- to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- ting the Department’s final rule — Safety Transportation and Infrastructure. tation and Infrastructure. Zone: Hopewell Christmas Parade Fireworks, 4519. A letter from the Attorney Advisor, 4530. A letter from the Attorney Advisor, Appomattox River, Hopewell, VA [CGD05-06- Department of Homeland Security, transmit- Department of Homeland Security, transmit- 107] (RIN: 1625-AA00) received October 15, ting the Department’s final rule — Safety ting the Department’s final rule — Security 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone; Main Street Oceanside Fireworks Dis- Zone; Potomac River, St. George Creek, Committee on Transportation and Infra- play; Oceanside Pier, Oceanside, California Piney Point, Maryland [CGD05-06-095] (RIN: structure. [COTP San Diego 06-052] (RIN: 1625-AA00) re- 1625-AA87) received October 15, 2009, pursuant 4541. A letter from the Attorney Advisor, ceived October 15, 2009, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. ting the Department’s final rule — Safety tation and Infrastructure. 4531. A letter from the Attorney Advisor, 4520. A letter from the Attorney Advisor, Department of Homeland Security, transmit- Zone for Marine Events; Pasquotank River, Department of Homeland Security, transmit- ting the Department’s final rule — Safety Atlantic Intra-Coastal Waterway, Elizabeth ting the Department’s final rule — Safety Zone; Fireworks, Lower Colorado River, City, North Carolina [CGD05-06-073] (RIN: Zone; Ocean Beach Pier, Ocean Beach, CA Laughlin, NV [COTP San Diego 06-025] (RIN: 1625-AA00) received October 15, 2009, pursuant [COTP San Diego 06-052] (RIN: 1625-AA00) re- 1625-AA00) received October 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on ceived October 15, 2009, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. 4542. A letter from the Attorney Advisor, tation and Infrastructure. 4532. A letter from the Attorney Advisor, Department of Homeland Security, transmit- 4521. A letter from the Attorney Advisor, Department of Homeland Security, transmit- ting the Department’s final rule — Safety Department of Homeland Security, transmit- ting the Department’s final rule — Safety Zone; Potomac River, Alexandria Channel, ting the Department’s final rule — Safety Zone; Lower Colorado River, Laughlin, NV DC [CGD05-06-111] (RIN: 1625-AA00) received Zone; Mission Bay, San Diego, CA [COTP [COTP San Diego 06-025] (RIN: 1625-AA00) re- October 15, 2009, pursuant to 5 U.S.C. San Diego 06-052] (RIN: 1625-AA00) received ceived October 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- October 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. 4543. A letter from the Attorney Advisor, tation and Infrastructure. 4533. A letter from the Attorney Advisor, Department of Homeland Security, transmit- 4522. A letter from the Attorney Advisor, Department of Homeland Security, transmit- ting the Department’s final rule — Special Department of Homeland Security, transmit- ting the Department’s final rule — Safety Local Regulations for Marine Events; ting the Department’s final rule — Safety Zone; North San Diego Bay, San Diego, CA Harborfest 2006, Norfolk Harbor, Elizabeth Zone; Mission Bay, San Diego, CA [COTP [COTP San Diego 06-022] (RIN: 1625-AA00) re- River, Norfolk and Portsmouth, VA [CGD05- San Diego 06-052] (RIN: 1625-AA00) received ceived October 15, 2009, pursuant to 5 U.S.C. 06-061] (RIN: 1625-AA08) received October 15, October 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. Committee on Transportation and Infra- tation and Infrastructure. 4534. A letter from the Attorney Advisor, structure. 4523. A letter from the Attorney Advisor, Department of Homeland Security, transmit- 4544. A letter from the Attorney Advisor, Department of Homeland Security, transmit- ting the Department’s final rule — Safety Department of Homeland Security, transmit- ting the Department’s final rule — Safety Zone; Chester, Pennsylvania; Marcus Hook, ting the Department’s final rule — Security Zone; San Diego, San Diego, CA [COTP San Pennsylvania; and Essington, Pennsylvania Zone: Satellite Launch, NASA Wallops Diego 06-052] (RIN: 1625-AA00) received Octo- [CGD05-06-099] (RIN: 1625-AA00) received Oc- Flight Facility, Wallops Island, VA [CGD05- ber 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); tober 15, 2009, pursuant to 5 U.S.C. 06-115] (RIN: 1625-AA00) received October 15, to the Committee on Transportation and In- 801(a)(1)(A); to the Committee on Transpor- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the frastructure. tation and Infrastructure. Committee on Transportation and Infra- 4524. A letter from the Attorney Advisor, 4535. A letter from the Attorney Advisor, structure. Department of Homeland Security, transmit- Department of Homeland Security, transmit- 4545. A letter from the Attorney Advisor, ting the Department’s final rule — Safety ting the Department’s final rule — Safety Department of Homeland Security, transmit- Zone: Surf City, NC [CGD05-05-062—tfr] (RIN: Zone; Crazy Horse Campground, Lake ting the Department’s final rule — Special 1625-AA00) Recevied October 15, 2009, pursu- Havasu, Arizona [COTP San Diego 06-017] Local Regulations for Marine Events; Hamp- ant to 5 U.S.C. 801(a)(1)(A); to the Committee (RIN: 1625-AA00) received October 15, 2009, ton River, Hampton, VA [CGD05-06-058] (RIN: on Transportation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1625-AA08) received October 15, 2009, pursuant 4525. A letter from the Attorney Advisor, mittee on Transportation and Infrastruc- to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Homeland Security, transmit- ture. Transportation and Infrastructure. ting the Department’s final rule — Safety 4536. A letter from the Attorney Advisor, 4546. A letter from the Attorney Advisor, Zone; Mission Bay, San Diego, CA [COTP Department of Homeland Security, transmit- Department of Homeland Security, transmit- San Diego 06-052] (RIN: 1625-AA00) received ting the Department’s final rule — Safety ting the Department’s final rule — Safety October 15, 2009, pursuant to 5 U.S.C. Zone; Colorado River, Parker, AZ [COTP San Zone; Potomac River, Alexandria Channel, 801(a)(1)(A); to the Committee on Transpor- Diego 06-011] (RIN: 1625-AA00) received Octo- DC [CGD05-06-116] (RIN: 1625-AA00) received tation and Infrastructure. ber 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); October 15, 2009, pursuant to 5 U.S.C. 4526. A letter from the Attorney Advisor, to the Committee on Transportation and In- 801(a)(1)(A); to the Committee on Transpor- Department of Homeland Security, transmit- frastructure. tation and Infrastructure.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 5, 2009 CONGRESSIONAL RECORD — HOUSE H12455 4547. A letter from the Attorney Advisor, Port Arthur-07-011] (RIN: 1625-AA00) received ting the Department’s final rule — Security Department of Homeland Security, transmit- October 15, 2009, pursuant to 5 U.S.C. Zone; Savannah River, Savannah, GA [COTP ting the Department’s final rule — Safety 801(a)(1)(A); to the Committee on Transpor- Savannah-07-243] (RIN: 1625-AA87) received Zone; Gulf of Mexico, FL [COTP St. Peters- tation and Infrastructure. October 15, 2009, pursuant to 5 U.S.C. burg 07-184] (RIN: 1625-AA00) received Octo- 4558. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- ber 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); Department of Homeland Security, transmit- tation and Infrastructure. to the Committee on Transportation and In- ting the Department’s final rule — Special 4569. A letter from the Attorney Advisor, frastructure. Local Regulations for Marine Events; Great Department of Homeland Security, transmit- 4548. A letter from the Attorney Advisor, Egg Harbor, Somers Point, NJ [CGD05-06-032] ting the Department’s final rule — Security Department of Homeland Security, transmit- (RIN: 1625-AA08) received October 15, 2009, Zone; Savannah River, Savannah, GA [COTP ting the Department’s final rule — Safety pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Savannah-07-168] (RIN: 1625-AA87) received Zone; Sabine-Neches Canal, Intracoastal Wa- mittee on Transportation and Infrastruc- October 15, 2009, pursuant to 5 U.S.C. terway Mile Markers 281, Port Arthur, TX ture. 801(a)(1)(A); to the Committee on Transpor- [COTP Port Arthur-07-005] (RIN 1625-AA00) 4559. A letter from the Attorney Advisor, tation and Infrastructure. received October 15, 2009, pursuant to 5 Department of Homeland Security, transmit- 4570. A letter from the Attorney Advisor, U.S.C. 801(a)(1)(A); to the Committee on ting the Department’s final rule — Security Department of Homeland Security, transmit- Transportation and Infrastructure. Zone; Savannah River, Savannah, GA [COTP ting the Department’s final rule — Security 4549. A letter from the Attorney Advisor, Savannah-07-259] (RIN: 1625-AA87) received Zone; Savannah River, Savannah, GA [COTP Department of Homeland Security, transmit- October 15, 2009, pursuant to 5 U.S.C. Savannah-07-239] (RIN: 1625-AA87) received ting the Department’s final rule — Moving 801(a)(1)(A); to the Committee on Transpor- October 15, 2009, pursuant to 5 U.S.C. Safety Zone; Gulf of Mexico; Sabine Pass, tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Texas; Port Arthur, Texas [COTP Port Ar- 4560. A letter from the Attorney Advisor, tation and Infrastructure. thur-07-006] (RIN: 1625-AA00) received Octo- Department of Homeland Security, transmit- 4571. A letter from the Attorney Advisor, ber 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); ting the Department’s final rule — Safety Department of Homeland Security, transmit- to the Committee on Transportation and In- Zone; Gulf Intracoastal Waterway (GICW), ting the Department’s final rule — Security frastructure. Hackberry, LA [COTP Port Arthur-07-012] Zone; Savannah River, Savannah, GA [COTP 4550. A letter from the Attorney Advisor, (RIN: 1625-AA00) received October 15, 2009, Savannah-07-182] (RIN: 1625-AA87) received Department of Homeland Security, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- October 15, 2009, pursuant to 5 U.S.C. ting the Department’s final rule — Safety mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- Zone; Sabine-Neches Canal, Intracoastal Wa- ture. tation and Infrastructure. terway Mile Markers 284-285, Port Arthur, 4561. A letter from the Attorney Advisor, 4572. A letter from the Attorney Advisor, TX [COTP Port Arthur-07-007] (RIN: 1625- Department of Homeland Security, transmit- Department of Homeland Security, transmit- AA00) received October 15, 2009, pursuant to ting the Department’s final rule — Security ting the Department’s final rule — Safety 5 U.S.C. 801(a)(1)(A); to the Committee on Zone; Savannah River, Savannah, GA [COTP Zone; Container Berth 1, Savannah River, Transportation and Infrastructure. Savannah-07-248] (RIN: 1625-AA87) received Savannah, GA [COTP Savannah-07-188] (RIN: 4551. A letter from the Attorney Advisor, October 15, 2009, pursuant to 5 U.S.C. 1625-AA00) received October 15, 2009, pursuant Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- to 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Department’s final rule — Safety tation and Infrastructure. Transportation and Infrastructure. Zone; Fireworks Display, Chesapeake Bay, 4562. A letter from the Attorney Advisor, 4573. A letter from the Attorney Advisor, Tred Avon River, Oxford, MD [CGD05-06-056] Department of Homeland Security, transmit- Department of Homeland Security, transmit- (RIN: 1625-AA00) received October 15, 2009, ting the Department’s final rule — Safety ting the Department’s final rule — Security pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Zone; Sabine River, Orange, TX [COTP Port Zone; Savannah River, Savannah, GA [COTP mittee on Transportation and Infrastruc- Arthur-07-013] (RIN: 1625-AA00) received Oc- Savannah-07-189] (RIN: 1625-AA87) received ture. tober 15, 2009, pursuant to 5 U.S.C. October 15, 2009, pursuant to 5 U.S.C. 4552. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- Department of Homeland Security, transmit- tation and Infrastructure. tation and Infrastructure. 4563. A letter from the Attorney Advisor, ting the Department’s final rule — Safety 4574. A letter from the Attorney Advisor, Department of Homeland Security, transmit- Zone; Sabine-Neches Canal, Sabine River, Department of Homeland Security, transmit- ting the Department’s final rule — Security Orange, TX [COTP Port Arthur-07-008] (RIN: ting the Department’s final rule — Security Zone; Savannah River, Savannah, GA [COTP 1625-AA00) received October 15, 2009, pursuant Zone; Savannah River, Savannah, GA [COTP Savannah-07-017] (RIN: 1625-AA00) received to 5 U.S.C. 801(a)(1)(A); to the Committee on Savannah-07-211] (RIN: 1625-AA87) received October 15, 2009, pursuant to 5 U.S.C. Transportation and Infrastructure. October 15, 2009, pursuant to 5 U.S.C. 4553. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- Department of Homeland Security, transmit- tation and Infrastructure. tation and Infrastructure. ting the Department’s final rule — Safety 4564. A letter from the Attorney Advisor, 4575. A letter from the Attorney Advisor, Zone; Gulf of Mexico, Posit 29°46′20″N Department of Homeland Security, transmit- Department of Homeland Security, transmit- 093°11′38″W [COTP Port Arthur-07-009] (RIN: ting the Department’s final rule — Security ting the Department’s final rule — Security 1625-AA00) received October 15, 2009, pursuant Zone; Savannah River, Savannah, GA [COTP Zone; Savannah River, Savannah GA [COTP to 5 U.S.C. 801(a)(1)(A); to the Committee on Savannah-07-078] (RIN: 1625-AA87) received Savannah-07-236] (RIN: 1625-AA87) received Transportation and Infrastructure. October 15, 2009, pursuant to 5 U.S.C. October 15, 2009, pursuant to 5 U.S.C. 4554. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- Department of Homeland Security, transmit- tation and Infrastructure. tation and Infrastructure. ting the Department’s final rule — Safety 4565. A letter from the Attorney Advisor, Zone: Back River, Hampton, VA [CGD05-06- Department of Homeland Security, transmit- f 050] (RIN: 1625-AA00) received October 15, ting the Department’s final rule — Security 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone; Savannah River, Savannah, GA [COTP REPORTS OF COMMITTEES ON Committee on Transportation and Infra- Savannah-07-247] (RIN: 1625-AA87) received PUBLIC BILLS AND RESOLUTIONS structure. October 15, 2009, pursuant to 5 U.S.C. Under clause 2 of rule XIII, reports of 4555. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- Department of Homeland Security, transmit- tation and Infrastructure. committees were delivered to the Clerk ting the Department’s final rule — Safety 4566. A letter from the Attorney Advisor, for printing and reference to the proper Zone; Gulf of Mexico, Posit 29°5′54″N Department of Homeland Security, transmit- calendar, as follows: 093°11′36″W [COTP Port Arthur-07-010] (RIN: ting the Department’s final rule — Security Mr. TOWNS: Committee on Oversight and 1625-AA00) received October 15, 2009, pursuant Zone; Savannah River, Savannah, GA [COTP Government Reform. H.R. 1849. A bill to des- to 5 U.S.C. 801(a)(1)(A); to the Committee on Savannah-07-159] (RIN: 1625-AA87) received ignate the Liberty Memorial at the National Transportation and Infrastructure. October 15, 2009, pursuant to 5 U.S.C. World War I Museum in Kansas City, Mis- 4556. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- souri, as the National World War I Memorial, Department of Homeland Security, transmit- tation and Infrastructure. to establish the World War I centennial com- ting the Department’s final rule — Security 4567. A letter from the Attorney Advisor, mission to ensure a suitable observance of Zone; Potomac River, Washington Channel, Department of Homeland Security, transmit- the centennial of World War I, and for other Washington, DC [CGD-06-034] (RIN: 1625- ting the Department’s final rule — Safety purposes; with an amendment (Rept. 111–329, AA87) received October 15, 2009, pursuant to Zone; Savannah River, Hutchinson Island, Pt. 1). Referred to the Committee of the 5 U.S.C. 801(a)(1)(A); to the Committee on Savannah, GA [COTP Savannah-07-166] (RIN: Whole House on the State of the Union. Transportation and Infrastructure. 1625-AA00) received October 15, 2009, pursuant DISCHARGE OF COMMITTEE 4557. A letter from the Attorney Advisor, to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Homeland Security, transmit- Transportation and Infrastructure. Pursuant to clause 2 of rule XII the ting the Department’s final rule — Safety 4568. A letter from the Attorney Advisor, Committee on Natural Resources dis- Zone; Neches River, Beaumont Texas [COTP Department of Homeland Security, transmit- charged from further consideration.

VerDate Nov 24 2008 06:35 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\RECORD09\H05NO9.REC H05NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12456 CONGRESSIONAL RECORD — HOUSE November 5, 2009 H.R. 1849 referred to the Committee of on Federal land in the District of Columbia By Mr. CONYERS (for himself, Mr. the Whole House on the State of the to honor free persons and slaves who fought GRIJALVA, Mr. MCGOVERN, and Mr. Union, and ordered to be printed. for independence, liberty, and justice for all ABERCROMBIE): during the American Revolution; to the H. Res. 894. A resolution honoring the 50th f Committee on Natural Resources. anniversary of the recording of the album PUBLIC BILLS AND RESOLUTIONS By Mr. FORTENBERRY: ‘‘Kind of Blue’’ and reaffirming jazz as a na- H. Con. Res. 209. Concurrent resolution rec- tional treasure; to the Committee on the Ju- Under clause 2 of rule XII, public ognizing the 30th anniversary of the Iranian diciary. bills and resolutions of the following hostage crisis, during which 52 United States titles were introduced and severally re- citizens were held hostage for 444 days from f ferred, as follows: November 4, 1979, to January 20, 1981, and for other purposes; to the Committee on Foreign ADDITIONAL SPONSORS By Mr. HASTINGS of Washington (for Affairs. Under clause 7 of rule XII, sponsors himself and Mr. MCCLINTOCK): By Ms. LORETTA SANCHEZ of Cali- H.R. 4027. A bill to amend the Hoover were added to public bills and resolu- fornia (for herself, Mr. THOMPSON of tions as follows: Power Plant Act of 1984 to ensure that Mississippi, Mr. OBERSTAR, Mr. KING project beneficiaries are solely responsible of New York, Mr. MICA, Mr. H.R. 182: Ms. CHU. for repaying the costs of Western Area Power CUMMINGS, Mr. LOBIONDO, Mr. H.R. 197: Mr. CAMPBELL. Administration power transmission and de- SOUDER, Ms. HARMAN, Mr. MCCAUL, H.R. 198: Mr. WITTMAN. livery projects, and for other purposes; to Mr. CUELLAR, Mr. ROGERS of Ala- H.R. 208: Mr. SESSIONS. the Committee on Natural Resources. bama, Mr. CARNEY, Mr. BILIRAKIS, H.R. 272: Ms. FOXX and Mr. HERGER. By Mr. WU (for himself, Mr. ALTMIRE, Ms. ZOE LOFGREN of California, Mr. H.R. 305: Ms. DELAURO. Mr. BLUMENAUER, Ms. BORDALLO, Mr. DANIEL E. LUNGREN of California, Mr. H.R. 417: Mr. FALEOMAVAEGA, Mr. FATTAH, CHILDERS, Mr. COURTNEY, Mr. CLEAVER, Mr. DENT, Ms. NORTON, Ms. SCHAKOWSKY, Ms. MOORE of Wisconsin, DEFAZIO, Mr. GORDON of Tennessee, Mrs. MILLER of Michigan, Ms. RICH- Ms. WOOLSEY, Mr. OBERSTAR, Mr. HONDA, and Mr. HILL, Mr. HINCHEY, Mr. HINOJOSA, ARDSON, Mr. CAO, Mr. AL GREEN of Mr. SIRES. Mr. KAGEN, Mr. MINNICK, Mr. PETER- Texas, Mr. OLSON, Mr. LUJA´ N, Mr. H.R. 502: Mr. KLINE of Minnesota. SON, Mr. PIERLUISI, Mr. ROSS, Mr. BROUN of Georgia, Mrs. KIRKPATRICK H.R. 510: Mr. MELANCON. SALAZAR, Mr. SCHRADER, Mr. WALZ, of Arizona, Mr. MASSA, and Mr. H.R. 521: Mr. MANZULLO. and Mr. WILSON of Ohio): HIMES): H.R. 564: Mr. PASCRELL, Ms. HIRONO, and H.R. 4028. A bill to amend title 38, United H. Res. 891. A resolution expressing the Mr. NADLER of New York. States Code, to improve services for veterans gratitude of the House of Representatives for H.R. 571: Mr. WATT. residing in rural areas; to the Committee on the service to our Nation of the Coast Guard H.R. 644: Mr. PERRIELLO. Veterans’ Affairs. and Marine Corps aircraft pilots and crew- H.R. 678: Mr. ROTHMAN of New Jersey, Mr. By Mr. DICKS (for himself, Mr. BAIRD, members lost off the coast of California on YARMUTH, and Mr. CLAY. Mr. SMITH of Washington, Mr. October 29, 2009, and for other purposes; to H.R. 734: Mr. ALTMIRE, Mr. GERLACH, and LARSEN of Washington, Mr. the Committee on Transportation and Infra- Ms. MARKEY of Colorado. MCDERMOTT, Mr. INSLEE, and Mr. structure, and in addition to the Committee H.R. 739: Ms. LEE of California. REICHERT): on Armed Services, for a period to be subse- H.R. 901: Ms. SUTTON and Ms. KILPATRICK of H.R. 4029. A bill to amend the Federal quently determined by the Speaker, in each Michigan. Water Pollution Control Act to provide as- case for consideration of such provisions as H.R. 930: Mr. TOWNS. sistance for programs and activities to pro- fall within the jurisdiction of the committee H.R. 1020: Mr. GRAYSON, Mr. CLAY, Mr. tect the water quality of Puget Sound, and concerned. WEINER, and Mr. RUSH. for other purposes; to the Committee on By Mr. BERMAN (for himself, Mr. H.R. 1067: Mr. ROE of Tennessee. Transportation and Infrastructure. WEXLER, Mr. DELAHUNT, Ms. BERK- H.R. 1079: Mr. BARROW. By Mr. DENT: LEY, Mr. COSTA, Ms. KAPTUR, and Mr. H.R. 1086: Mrs. BONO MACK. H.R. 4030. A bill to suspend temporarily the LIPINSKI): H.R. 1126: Mr. WELCH. H. Res. 892. A resolution recognizing the duty on Triethylenediamine; to the Com- H.R. 1157: Mr. COHEN. 20th anniversary of the remarkable events mittee on Ways and Means. H.R. 1159: Ms. BERKLEY. leading to the end of the Cold War and the By Ms. BALDWIN: H.R. 1175: Mr. HOLT, Mr. WU, and Ms. KIL- creation of a Europe, whole, free, and at H.R. 4031. A bill to amend the Energy Pol- ROY. peace; to the Committee on Foreign Affairs. icy and Conservation Act to establish a H.R. 1189: Mrs. NAPOLITANO. By Mr. SERRANO (for himself, Mr. motor efficiency rebate program; to the H.R. 1207: Mr. WEINER and Mr. KISSELL. ACKERMAN, Mr. ARCURI, Mr. BACA, Committee on Energy and Commerce. H.R. 1220: Mr. SHUSTER. Mr. BISHOP of New York, Ms. By Mr. BRADY of Texas: H.R. 1326: Ms. LEE of California. BORDALLO, Ms. CLARKE, Mr. CROWLEY, H.R. 4032. A bill to amend the Internal Rev- H.R. 1347: Mr. KENNEDY. Ms. DELAURO, Mr. DICKS, Mr. ENGEL, enue Code of 1986 to extend the first-time H.R. 1396: Mr. DOGGETT. Mr. GONZALEZ, Mr. GRIJALVA, Mr. homebuyer tax credit and to eliminate the H.R. 1475: Mr. MEEKS of New York. GUTIERREZ, Mr. HALL of New York, first-time homebuyer requirement and in- H.R. 1547: Mr. BLUNT. Mr. HIGGINS, Mr. HINCHEY, Mr. crease the adjusted gross income limitations H.R. 1623: Ms. BERKLEY. HINOJOSA, Mr. KING of New York, Mr. with respect to such credit, and for other H.R. 1806: Mr. DAVIS of Alabama and Ms. ISRAEL, Mr. LARSON of Connecticut, purposes; to the Committee on Ways and MATSUI. Mr. LEWIS of Georgia, Mrs. LOWEY, H.R. 1818: Mr. COHEN. Means. Mrs. MALONEY, Mrs. MCCARTHY of ISSELL INDA By Mr. ISRAEL: New York, Ms. MCCOLLUM, Mr. H.R. 1826: Mr. K and Ms. L T. ´ H.R. 4033. A bill to require the Election As- MCMAHON, Mr. MEEKS of New York, SANCHEZ of California. sistance Commission to establish an Amer- Mr. MURPHY of New York, Mr. NAD- H.R. 1831: Mr. CAMP. ican Democracy Index to measure and im- LER of New York, Mrs. NAPOLITANO, H.R. 1855: Mr. COURTNEY. prove the quality of voter access to polls and Ms. NORTON, Mr. OBEY, Mr. ORTIZ, H.R. 1925: Mr. BARROW and Ms. ROYBAL-AL- voter services in Federal elections; to the Mr. PASCRELL, Mr. PASTOR of Ari- LARD. Committee on House Administration. zona, Mr. PIERLUISI, Mr. REYES, Mr. H.R. 2251: Mr. ROTHMAN of New Jersey and By Mr. KISSELL (for himself and Mr. RODRIGUEZ, Mr. ROTHMAN of New Jer- Mr. YOUNG of Alaska. ETHERIDGE): sey, Mr. SALAZAR, Mr. SIRES, Mr. H.R. 2254: Mr. HEINRICH. H.R. 4034. A bill to amend title 10, United THOMPSON of California, Mr. TONKO, H.R. 2279: Mr. CONNOLLY of Virginia and States Code, to authorize the Secretary of Ms. VELA´ ZQUEZ, Mr. ALEXANDER, Mr. Ms. LORETTA SANCHEZ of California. the Army to lease portions of the Airborne PAYNE, Mr. WAMP, Mr. REHBERG, Mr. H.R. 2296: Mr. CAMPBELL. and Special Operations Museum facility to HOLT, Mr. DAVIS of Kentucky, Mr. H.R. 2324: Mr. MEEKS of New York and Mr. the Airborne and Special Operations Museum HONDA, Mr. KUCINICH, Ms. BERKLEY, RANGEL. Foundation to support operation of the Mu- Mr. WEXLER, Mr. BISHOP of Georgia, H.R. 2365: Ms. WASSERMAN SCHULTZ. seum; to the Committee on Armed Services. Mr. WATT, Mr. RANGEL, Ms. H.R. 2452: Ms. LORETTA SANCHEZ of Cali- By Mr. MARCHANT: WASSERMAN SCHULTZ, Mr. MASSA, Mr. fornia, Mr. SESTAK, Ms. HARMAN, Mr. TOWNS, H.R. 4035. A bill to amend the Internal Rev- GRAYSON, Ms. HIRONO, Mr. MAFFEI, Mr. FARR, Mrs. CAPPS, Ms. MATSUI, and Ms. enue Code of 1986 to allow the estate of a de- Mr. LINCOLN DIAZ-BALART of Florida, WATSON. cedent to use the capital loss carryover of Mr. SABLAN, and Mr. UPTON): H.R. 2478: Mr. GEORGE MILLER of Cali- the decedent as a deduction against estate H. Res. 893. A resolution congratulating fornia. tax; to the Committee on Ways and Means. the 2009 Major League Baseball World Series H.R. 2560: Ms. GIFFORDS. By Mr. PAYNE: Champions, the New York Yankees; to the H.R. 2573: Mr. QUIGLEY. H.R. 4036. A bill to authorize National Mall Committee on Oversight and Government H.R. 2579: Mr. DOGGETT. Liberty Fund D.C. to establish a memorial Reform. H.R. 2626: Mr. GRAYSON.

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H.R. 2648: Mr. SABLAN. H.R. 3724: Ms. HIRONO. Mr. HUNTER, Mr. ROGERS of Alabama, Mr. H.R. 2746: Mr. CLAY, Mr. HONDA, and Mr. H.R. 3731: Mr. BLUMENAUER. ROGERS of Michigan, Ms. FALLIN, Mr. SKEL- GRIJALVA. H.R. 3758: Mr. GORDON of Tennessee. TON, Mr. EHLERS, Mr. SULLIVAN, Mr. LATHAM, H.R. 2866: Mr. SPRATT and Mr. YOUNG of H.R. 3779: Mrs. BIGGERT. Mr. COFFMAN of Colorado, Mr. BARTLETT, Mr. Florida. H.R. 3822: Mr. WITTMAN and Mrs. BONO TIBERI, Mr. LINCOLN DIAZ-BALART of Florida, H.R. 2894: Mr. KANJORSKI and Mr. SHULER. MACK. Mr. MARIO DIAZ-BALART of Florida, Mr. H.R. 2932: Ms. DELAURO and Ms. MCCOL- H.R. 3823: Mrs. BONO MACK. TURNER, Mrs. MCMORRIS RODGERS, Mr. FLEM- LUM. H.R. 3824: Mr. WITTMAN and Mrs. BONO ING, and Mr. FLAKE. H.R. 3002: Mr. GOODLATTE and Mr. PITTS. MACK. H. Res. 700: Mr. MARSHALL. H.R. 3012: Mr. DONNELLY of Indiana. H.R. 3852: Mr. CASTLE. H.R. 3048: Mr. GRAYSON. H. Res. 704: Mr. RODRIGUEZ, Mr. TIAHRT, H.R. 3885: Mr. KILDEE. H.R. 3077: Mr. PUTNAM, Mrs. NAPOLITANO, Ms. SCHAKOWSKY, Mr. FRANK of Massachu- H.R. 3904: Ms. JACKSON-LEE of Texas, Ms. and Ms. JACKSON-LEE of Texas. setts, Ms. DELAURO, Mr. SAM JOHNSON of KILPATRICK of Michigan, Mr. CLEAVER, Mr. H.R. 3191: Mr. SESTAK. Texas, Mrs. MYRICK, Mr. BONNER, and Ms. AL GREEN of Texas, Ms. RICHARDSON, Mr. H.R. 3227: Mr. BRALEY of Iowa. CHU. HASTINGS of Florida, Mr. RODRIGUEZ, Mr. H.R. 3238: Mr. WELCH. H. Res. 727: Ms. LEE of California. H.R. 3245: Ms. KILPATRICK of Michigan. REYES, Mr. BUTTERFIELD, Mr. JACKSON of Il- AMP C AHON H.R. 3328: Mr. BISHOP of Georgia, Mr. CLAY, linois, Mr. MOORE of Kansas, Ms. EDDIE BER- H. Res. 833: Mr. W and Mr. M M . Ms. MOORE of Wisconsin, Ms. CORRINE BROWN NICE JOHNSON of Texas, Mr. PAYNE, Mr. H. Res. 847: Mr. SCALISE. of Florida, Ms. NORTON, and Ms. RICHARDSON. THOMPSON of Mississippi, Mr. HARE, Mr. H. Res. 857: Mr. ROSKAM and Mr. CLEAVER. H.R. 3359: Ms. MCCOLLUM, Mr. THOMPSON of LEVIN, Mr. COHEN, Ms. MATSUI, Mr. CONYERS, H. Res. 861: Mr. MORAN of Virginia, Ms. California, Ms. MOORE of Wisconsin, Mr. and Mr. RYAN of Ohio. ROS-LEHTINEN, Mr. KLINE of Minnesota, Mr. ELLISON, Ms. CHU, Mr. HARE, Mr. FARR, Ms. H.R. 3907: Mr. FILNER, Mr. TIERNEY, Mr. ALEXANDER, and Mr. PLATTS. HIRONO, Mr. HINCHEY, Ms. BERKLEY, Mr. CUMMINGS, Ms. SCHAKOWSKY, Ms. BORDALLO, H. Res. 870: Mr. CASTLE, Mr. BARRETT of DELAHUNT, Mr. LYNCH, Mr. NEAL of Massa- Mr. WEXLER, Mr. KILDEE, Mr. GERLACH, Mr. South Carolina, Mr. MANZULLO, Mr. BUR- chusetts, Mr. COSTELLO, Mr. PIERLUISI, Mr. BLUMENAUER, Mr. HARE, Mr. BERMAN, Mr. GESS, Mr. SCHOCK, Mr. THORNBERRY, Mr. LEVIN, Mr. CONYERS, Ms. SCHAKOWSKY, Ms. ANDREWS, Mr. GEORGE MILLER of California, THOMPSON of Pennsylvania, Mr. LOBIONDO, SHEA-PORTER, Ms. WATERS, Mr. RANGEL, Mr. Mr. MITCHELL, Mr. RAHALL, Mr. MCGOVERN, Mrs. MCMORRIS RODGERS, Mr. GERLACH, Mr. TIERNEY, Mr. DAVIS of Illinois, Mr. THOMP- Ms. WOOLSEY, Mr. PASTOR of Arizona, Mr. GUTHRIE, Mr. CALVERT, Mr. CAMP, and Mr. SON of Mississippi, Ms. CASTOR of Florida, FRANK of Massachusetts, Mr. MCCAUL, Ms. LANCE. MATSUI, Mr. MURTHA, Mr. MCNERNEY, Ms. and Mr. MCGOVERN. H. Res. 877: Mr. FATTAH, Mr. EDWARDS of H.R. 3381: Mr. NEAL of Massachusetts. LEE of California, Mr. CLEAVER, Mr. Texas, Mr. LIPINSKI, Mr. YOUNG of Alaska, H.R. 3421: Ms. NORTON, Mr. FARR, Mr. NAD- COURTNEY, Mr. BISHOP of New York, Mr. Mr. WEINER, Mr. KENNEDY, Mr. FOSTER, Mr. LER of New York, and Mr. CLAY. HODES, and Mr. WELCH. OLVER, Mr. COURTNEY, and Ms. ROS- H.R. 3439: Ms. ESHOO. H.R. 3929: Mr. ALEXANDER. LEHTINEN. H.R. 3457: Mr. NADLER of New York, Mr. H.R. 3942: Mr. GRIJALVA. HONDA, and Ms. SCHAKOWSKY. H.R. 3943: Mr. FILNER, Mr. WILSON of South H.R. 3458: Ms. MATSUI, Mr. THOMPSON of Carolina, and Mr. WU. f California, Mr. GEORGE MILLER of California, H.R. 3957: Mr. HONDA, Mr. PAYNE, Mr. Mrs. CAPPS, Mr. FARR, Ms. ZOE LOFGREN of POLIS, Ms. MCCOLLUM, and Mr. MCGOVERN. CONGRESSIONAL EARMARKS, LIM- California, Ms. WATSON, and Ms. SPEIER. H.J. Res. 50: Mr. ADERHOLT. H.R. 3464: Mr. PENCE. ITED TAX BENEFITS, OR LIM- H. Con. Res. 175: Mr. SARBANES. H.R. 3524: Mr. HONDA, Mr. BARROW, and Ms. ITED TARIFF BENEFITS H. Con. Res. 207: Mr. POSEY and Mr. LIN- SHEA-PORTER. DER. H.R. 3564: Mr. MCGOVERN. Under clause 9 of rule XXI, lists or H. Res. 200: Mr. ROHRABACHER. H.R. 3569: Mr. BARRETT of South Carolina. statements on congressional earmarks, H.R. 3612: Mr. FORBES and Mr. HALL of H. Res. 252: Mr. LATOURETTE. limited tax benefits, or limited tariff H. Res. 486: Mr. LEVIN. Texas. benefits were submitted as follows: H.R. 3650: Mr. PUTNAM and Mr. MARKEY of H. Res. 699: Mr. MCCARTHY of California, Massachusetts. Mr. DANIEL E. LUNGREN of California, Mr. The amendment to be offered by Rep- H.R. 3656: Mr. MORAN of Virginia. HARPER, Mr. CLAY, Mr. MCHENRY, Mr. DUN- resentative DINGELL, or a designee, to H.R. H.R. 3660: Mr. INGLIS. CAN, Mr. TAYLOR, Mr. REHBERG, Mr. GUTHRIE, 3962, the Affordable Health Care for America H.R. 3705: Ms. KILPATRICK of Michigan, Mr. Mr. TERRY, Mr. BISHOP of Utah, Mr. Act, does not contain any congressional ear- AL GREEN of Texas, Ms. KILROY, and Mr. MCCOTTER, Mr. MORAN of Kansas, Mr. HOEK- marks, limited tax benefits, or limited tariff BLUMENAUER. STRA, Mr. SHUSTER, Mr. PAULSEN, Mr. AKIN, benefits as defined in clause 9 of rule XXI.

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Vol. 155 WASHINGTON, THURSDAY, NOVEMBER 5, 2009 No. 164 Senate The Senate met at 9:31 a.m. and was U.S. SENATE, Senators should expect the first vote called to order by the Honorable MARK PRESIDENT PRO TEMPORE, at around 12:15 or 12:30 today. That will L. PRYOR, a Senator from the State of Washington, DC, November 5, 2009. be a vote on cloture on the CJS appro- To the Senate: priations bill, and additional votes are Arkansas. Under the provisions of rule I, Section 3, of the Standing Rules of the Senate, I hereby expected throughout the day. PRAYER appoint the Honorable MARK L. PRYOR, a f The Chaplain, Dr. Barry C. Black, of- Senator from the State of Arkansas, to per- SENATE BIPARTISANSHIP fered the following prayer: form the duties of the Chair. Mr. REID. Mr. President, one thing Let us pray. ROBERT C. BYRD, President pro tempore. this body needs is more bipartisanship. God of wonder beyond all majesty, The Presiding Officer has done a won- You are worthy of our praise. Thank Mr. PRYOR thereupon assumed the derful job in reaching out during his You for the marvel of creation that chair as Acting President pro tempore. f tenure as a Senator to other Senators, surrounds us and for Your creative Democrats and Republicans. Legisla- presence that empowers us. Let Your RECOGNITION OF THE MAJORITY tion is the art of compromise, con- presence unsettle and inspire us, as we LEADER sensus building. The Presiding Officer seek to live lives of praise and thanks- The ACTING PRESIDENT pro tem- certainly has filled that role very well. giving. pore. The majority leader is recog- I want to spend a few minutes talking Lord, unsettle us when our dreams nized. about this. come true because they are too small, f We have had some dramatic develop- as you inspire us to dare more boldly ments take place in the last several and attempt to accomplish great SCHEDULE weeks. That is as a result of two men things in Your name. Mr. REID. Mr. President, following who are working very hard to come up Today, show Your glory, Your jus- leader remarks, the Senate will pro- with something that would be land- tice, and Your peace through the work ceed to a period of morning business mark legislation. We are working so of our lawmakers. Inspire their hearts for 2 hours. During that period of time, hard on health care reform. It has been to thirst for Your wisdom, preparing Senators will be allowed to speak extremely difficult to arrive at the them to navigate through life’s inevi- therein for up to 10 minutes each. The point where we are. But we are further table challenges and setbacks. Restore majority will control the first hour and now than we have ever been since 1948 in them the wholeness that comes from the Republicans will control the second in coming up with health care legisla- seeking Your glory in everything they hour. tion that will make health care more think, say, and do. Following morning business, there available for all Americans. We pray in Your sacred Name. Amen. will be 40 minutes of debate with re- Switching from health care to energy spect to H.R. 2847, the Commerce, Jus- and the problems we have with the f tice, Science appropriations bill. Upon warming of the Earth, I have known PLEDGE OF ALLEGIANCE the use or yielding back of that time, JOHN KERRY for a long time. We were the Senate will proceed to a cloture both Lieutenant Governors. We came The Honorable MARK L. PRYOR led vote on the committee-reported sub- to the Congress the same year. As a the Pledge of Allegiance, as follows: stitute amendment to the bill. relatively new Senator, I was on a se- I pledge allegiance to the Flag of the A number of amendments are pend- lect committee he cochaired, dealing United States of America, and to the Repub- ing to the bill. If cloture is invoked, we with prisoners of war and those miss- lic for which it stands, one nation under God, ing in action. I noticed at that time indivisible, with liberty and justice for all. would dispose of any pending germane amendments. what a fine leader and fine legislator f We also expect to reach an agreement JOHN KERRY was. As a result of his today to consider the nomination of good work with others on that com- APPOINTMENT OF ACTING Andre Davis to be a circuit judge for mittee, including Bob Smith of New PRESIDENT PRO TEMPORE the Fourth Circuit. That nomination, Hampshire, we came up with an out- The PRESIDING OFFICER. The we are told, will require a rollcall vote. standing work product in that com- clerk will please read a communication We will begin consideration of the mittee. JOHN KERRY, as we all know, to the Senate from the President pro Military Construction Appropriations became the Democratic nominee for tempore (Mr. BYRD). matter, which is important, upon com- President of the United States and The bill clerk read the following let- pletion of the Commerce, Justice, came very close to being elected Presi- ter: Science appropriations bill. dent. But he put that aside and went on

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

S11131

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VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.000 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11132 CONGRESSIONAL RECORD — SENATE November 5, 2009 to become the fine Senator he is. He is one example, in Kentucky unemploy- businesses with as few as 50 employees filling that role now as chairman of the ment rose in all 120 counties from June would be required to buy insurance for Foreign Relations Committee. He has 2008 to June 2009. A lot of Americans all workers whether they could afford worked so hard on doing something on are hurting. A lot of them have been it or not, or pay a substantial tax for a bipartisan basis to move forward on struggling for a long time. And despite each of them. this most important legislation. With the occasional piece of good news, the Taken together, the health care plan what he has done in reaching out to situation doesn’t seem to be getting a we have seen would impose roughly Republicans—I say that in the plural— whole lot better for most people. half a trillion dollars in new taxes, we have had one brave Republican step This is the situation now, and this fees, and penalties at a time when forward to work with him, LINDSEY was the situation when the White Americans are already struggling to GRAHAM. I first saw LINDSEY GRAHAM House announced its plan to undertake dig themselves out of a recession. in action when we had the impeach- health care reform. Throughout this What’s worse, an independent analysis ment trial of President Clinton. He was debate, the need to do something about by the Joint Committee on Taxation one of the impeachment officers from the economy has never been far from suggests that nearly 80 percent of the the House. He was very good. I learned our minds. burden would fall on middle-class at that time what an outstanding trial Indeed, from the very outset of this Americans. lawyer he had been in South Carolina. debate, the administration has rested So a reform that was meant to make I recognized that from the presentation its case for reform on the need to do life easier is now expected to make life he made right in the well of this Sen- something about the economy. The harder. If you have insurance, you get ate. economy was in bad shape, the argu- taxed. If you don’t have insurance, you As we learned with the work we com- ment went. And reforming health care get taxed. If you’re a struggling busi- pleted dealing with unemployment in- would make it better. ness owner who can’t afford insurance surance, net operating loss, first-time All of us agree that health care costs for your employees, you get taxed. If home buyers, it only takes one person are unsustainably high, and alleviating you use medical devices, you get taxed. to break from the pack, for lack of a the burden of these costs on American This is not the reform Americans better description, to develop biparti- families and businesses is something were asking for, Mr. President. And sanship. That was done along with Sen- we should work together to do. But that’s precisely why more Americans ator ISAKSON from Georgia. On this somewhere along the way, the adminis- now oppose this health care plan than most important issue dealing with cli- tration got off track. The original pur- support it. mate change, it is LINDSEY GRAHAM pose of reform was obscured. And now The administration didn’t listen to from South Carolina. He is bravely we are hearing from one independent the American people when it put this stepping forward. analysis after another that a bill which plan together, but it can listen now, What Senators KERRY and GRAHAM was meant to alleviate economic bur- and the message it is going to hear is have done is quite remarkable. They dens will actually make these burdens this: Put away the plan to raise pre- have reached out to the coal interests. worse. And the most significant finding miums, raise taxes, and cut Medicare. We have a number of coal Senators who is this: A reform that was meant to Get back to the drawing board and have said: No way will we ever agree to lower costs will actually drive them come up with a commonsense, step-by- anything, and they are working toward up. step set of reforms. That is what people having them as part of the agreement. Americans are scratching their heads want, and that is what they should get. Nuclear power, which when this all about all this, and rightly so. Business Mr. President, I yield the floor. started, I think it is fair to say, people owners can’t believe a reform that was f on this side of the aisle wanted no part meant to help them survive will end up of that—most people on this side. Now costing them more in higher taxes. RESERVATION OF LEADER TIME Seniors can’t believe a bill that was that will be part of the mix. The pro- The ACTING PRESIDENT pro tem- meant to improve their care will lead duction of oil in our country—people pore. Under the previous order, the to nearly half a trillion dollars in cuts say, does that mean you have given up leadership time is reserved. on all these great things we believe in? to their Medicare. And families can’t Legislation is the art of compromise. believe that they are going to have to f We need to have legislation that is bi- pay higher health care premiums and MORNING BUSINESS taxes at a time when so many of them partisan. I believe what LINDSEY The ACTING PRESIDENT pro tem- GRAHAM and JOHN KERRY have done are already struggling to make ends meet. pore. Under the previous order, there will allow us to move forward on this will now be a period of morning busi- legislation. It is important that we do Higher taxes, higher premiums, cuts to Medicare. These are three of the ness for 2 hours, with Senators per- things on a bipartisan basis. mitted to speak therein for up to 10 I compliment and applaud and recog- major blows this legislation would deal minutes each, with the time equally di- nize the good work these two brave to the American people. And any one of vided and controlled between the two men are doing in setting an example them would be bad enough on its own. leaders or their designees, with the ma- for the rest of us in moving forward on But let’s just look at one of the unex- jority controlling the first half and the legislation that will be dramatic not pected consequences of the Democrat Republicans controlling the final half. only for our country but for the world. health care plan for a moment—let’s The Senator from North Carolina. f look at the tax hikes. The Senate bill we’ve seen targets in- f RECOGNITION OF THE MINORITY dividuals and businesses with a raft of LEADER new taxes, fees, and penalties. It im- HEALTH CARE REFORM The ACTING PRESIDENT pro tem- poses a 40-percent tax on high value in- Mrs. HAGAN. Mr. President, the pore. The minority leader is recog- surance plans for individuals and fami- United States spends $2.3 trillion each nized. lies. It imposes billions in fees on year on health care—the most per cap- f health plans that will inevitably be ita of all industrialized nations. Yet we passed along to consumers. It imposes still have higher infant mortality and HEALTH CARE REFORM fees on the costs of medical devices and lower life expectancy than many of the Mr. MCCONNELL. Mr. President, the life-saving drugs, fees that would be other industrialized nations. Moreover, last 2 years haven’t been easy ones for paid by consumers. medical errors kill 100,000 patients per the American people. Millions have Millions of taxpayers managing year and cost the system tens of bil- lost jobs and homes, and many have chronic conditions and facing extraor- lions of dollars, and $700 billion is spent had the bitter experience of watching dinary medical expenses will be faced each year on treatments that do not years of savings disappear. Unemploy- with even higher out of pocket costs lead to improved patient health. ment stands at a 25-year high, and in because the bill makes it more difficult Today, my freshman Senate col- many States it is worse. Just to take to deduct these expenses. And small leagues and I are going to speak about

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.001 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11133 the need to reform our health care de- fering from asthma—the No. 1 cause of ware, Senator TED KAUFMAN, to discuss livery systems. You will hear from all child hospitalization and school ab- Delaware’s health information net- of us about innovative initiatives that sence. They developed treatment work. are successfully bringing down the cost guidelines and promoted collaboration The ACTING PRESIDENT pro tem- of health care and at the same time im- among doctors, the Children’s Hospital pore. The Senator from Delaware. proving the quality of care. in Denver, and the Colorado Allergy Mr. KAUFMAN. First, Mr. President, Mr. President, I would like to yield 5 and Asthma Centers. As a result, they I want to thank Senator HAGAN not minutes to my colleague from Colo- have reduced emergency room visits just for putting this on but for her rado, Senator MARK UDALL, to discuss and improved families’ ability to man- leadership all along on health care re- accountable care organizations. age asthma on their own. form, and I look forward to working The ACTING PRESIDENT pro tem- PHP also has the Practice Health with her because of her great leader- pore. Without objection, the Senator Project. This comprehensive effort ship. I appreciate the opportunity to from Colorado is recognized. brings doctors together to share best join my colleagues on the floor to high- Mr. UDALL of Colorado. Mr. Presi- practices and encourage the adoption light health care innovations in our dent, I thank my colleague from North of commonsense guidelines to improve home States that can serve as models Carolina, Senator HAGAN, for con- quality and efficiency. The goal of this for national reform. vening this important session this team effort is to raise the standard and Delaware is a national leader in morning where we will talk about the value of care and allow these physician health care IT—information tech- urgent need to reform health care in groups to act as a model for Denver’s nology—and I want to take a couple of our country. physician community as a whole. minutes this morning to talk about a The unsustainable growth in health I would also like to tout the PHP’s truly innovative approach to health care costs and lack of stable, affordable Transitions of Care Program in col- care record keeping in my State. It is coverage for millions of Americans laboration with Denver’s St. Anthony called the Delaware Health Informa- continue to jeopardize not only our Na- Hospital and other local care providers. tion Network. tion’s fiscal well-being but also the The Delaware Health Information The program dispatches nurse coaches physical well-being of our families and Network, which we call DHIN, was au- to help Medicare patients make the neighbors. One of the key ways we can thorized 12 years ago and went live in transition from the hospital to their help put our health care system and 2007, becoming the first operational homes. The period immediately fol- our economy on the right track is by statewide health information ex- lowing a hospital stay is a very con- encouraging value in the delivery of change. A public-private partnership of fusing time, particularly for our sen- health care. physicians, hospitals, laboratories, iors. Having someone help with this I have cited these numbers before—I community organizations, and pa- know many of us have—but I want to transition is crucial. PHP has had tre- tients, the DHIN provides for the fast, emphasize them again. As a nation, we mendous early success with this pro- secure, and reliable exchange of health spend over $2 trillion per year on gram, showing the potential to reduce information among the State’s many health care—that is nearly one-fifth of costly hospital readmissions by 40 to 50 medical providers. As a result of its our economy. Yet between 30 and 50 percent. At the same time, this pro- early success, the DHIN was one of the percent of these dollars are not con- gram keeps patients healthy and it nine initial health information ex- tributing to better patient health. saves money. changes selected to participate in the That is not a good deal for the Amer- The successes of groups such as Phy- U.S. Department of Health and Human ican people. sician Health Partners demonstrate Services’ national health information Health reform is designed to address that we already have the will and the network trial implementations. Among this staggering amount of waste in a know-how to change our system for the those nine, it was the first State to number of ways. One way is to encour- better. But under our existing system successfully establish a connection age providers to focus on the quality of there is no incentive for programs like with the trial. care they provide and not just on the PHP to even exist. Under the status Right now, more than 50 percent of volume. And we can start with Medi- quo, a hospital stands to lose money if all providers in the State—nearly care. it decreases its admission rates. Pri- 1,300—participate in the DHIN. More I think the American people would mary care doctors would be at a finan- than 85 percent of all lab tests are en- agree that taxpayer dollars are better cial disadvantage if they spent time in tered into the network, and 81 percent spent rewarding doctors for keeping pa- the development and implementation of all hospitalizations are captured by tients healthy and not for performing of effective treatment plans for their the exchange. As of June of this year, more tests or more procedures. Health asthmatic patients. the DHIN held over 648,000 patient reform legislation can move us in this This is why health reform includes records, and it conducts 40 million direction through the development of commonsense proposals such as en- transactions a year. what are known as accountable care couraging groups such as Physician Participating providers have a choice organizations, or ACOs. These organi- Health Partners to form accountable of three options to receive lab, pathol- zations would encourage groups of care organizations and paying them to ogy, and radiology reports, as well as health care professionals to team up coordinate care for Medicare patients. admission face sheets: they can have and provide more coordinated, stream- Promoting ACOs and other creative them sent directly into a secure in-box, lined care to Medicare patients. The pro-consumer ideas will increase qual- similar to an e-mail account, they can idea is to have these ACOs take respon- ity for patients and value for the tax- have them faxed to their office, or they sibility for improving patient care payer. can get the results from an electronic while lowering cost and then sharing Only by reshaping the way we do medical records interface on the Web. the savings that accrue. Research indi- business in our health care system can All three provide information in a cates that this idea of shared savings we truly change health care delivery in timely manner that protects the pri- would help eliminate waste and spur our country. I look forward to working vacy of the patient. changes in our health care delivery with my colleagues here today and Our State of Delaware receives four system to emphasize patient outcomes other Senators in the coming weeks to very tangible benefits from DHIN, and and value. promote the many ways we can accom- these are listed on this chart. The idea for ACOs no doubt came plish that goal. First, the DHIN provides a commu- from the great work being done by a I thank Senator HAGAN, and I yield nication system between providers and patchwork of physician groups. Groups the floor. organizations—something that did not such as the Physician Health Partners, Mrs. HAGAN. I thank Senator exist previously. Individual physician or PHP, in my home State of Colorado, UDALL. Accountable care organizations offices can now easily discover if hos- and others across the country focused are extremely important in health care pitals, such as Christiana, Bayhealth, on care coordination and quality. reform. and Beebe Medical Center, have admit- For example, PHP has seen great suc- Mr. President, I would like to yield 5 ted their patients. Doctors and hos- cess in improving care for kids suf- minutes to my colleague from Dela- pitals can also get lab results back

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.002 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11134 CONGRESSIONAL RECORD — SENATE November 5, 2009 from the State’s clinical laboratories The ACTING PRESIDENT pro tem- Here is another important point. in a timely manner. pore. Without objection, the Senator Physician salaries are based on the Second, the information exchanged from Alaska is recognized. team’s overall performance. I want to electronically through DHIN helps im- Mr. BEGICH. Mr. President, I thank make sure my friend, Senator BURR prove the quality of care being deliv- Senator HAGAN for allowing me time from North Carolina, hears this part. ered in the State. When providers have this morning. I am pleased to join my The Nuka model is funded almost en- access to better, faster information at freshman colleagues to once again tirely by the Federal Government—half the time and place of care, either in a state our case for health insurance re- by Indian Health Services and one- doctor’s office or an emergency room, form in this country. It is truly long third by Medicaid or Medicare. It those providers can make better deci- overdue and very much needed. works, and it works very well. sions and reduce the chance of medical I also wish to make a point. I have This chart covers some of the most errors. Knowing what medications a listened closely to the comments of my amazing results since the program patient is on or what coexisting condi- colleagues from the other side of the started: a 50-percent drop in urgent tions a patient may have can give the aisle over the last several weeks. A few care and emergency room visits; a 53- provider more complete information weeks ago, I heard the Senator from percent reduction in hospital admis- when delivering care, reducing the North Carolina, Mr. BURR, talking on sions; a 65-percent drop in the need for chance of an adverse outcome. this floor about health reform. He ac- expensive specialists; a childhood im- knowledged that we need to change the Third, the DHIN can help reduce the munization rate of 93 percent, well health delivery system, which I agree cost of care within the health care sys- above the State and national averages; with, but then he said our Democratic tem. That is what we are all looking much better management of diabetes ideas won’t work. He said one reason is for out of health care reform—cost re- with 50 percent of patients kept in the because government programs don’t do duction. With nearly 650,000 patient prediabetes stage instead of worsening enough innovation and wellness and into full diabetes; and happy cus- records in the system, providers can they won’t help people make the life- know what tests and procedures have tomers. The overall satisfaction rate style changes needed to get true sav- among our patients for this program is already been ordered, cutting out inad- ings in the health system. vertent test duplication. In addition, 91 percent. Quoting from the CONGRESSIONAL The Nuka model has attracted atten- the DHIN can help improve disease RECORD, here is what else he said: management by allowing multiple pro- tion from all over the world, as it Show me a government plan that pays for should. Even as recent as last month, viders treating a person to commu- prevention, wellness, and chronic disease nicate and better align the treatments management, and I will quit coming to the the former Speaker, Newt Gingrich, and prescriptions for a particular pa- floor and quit talking about the lack of re- recognized this great program. tient. form. I am sure there are similar govern- Finally, No. 4, the DHIN can enhance Mr. President, I have one. I have a ment-backed success stories through- privacy within the medical health care great example of just such a govern- out this country. I think I have made system. The DHIN is a secure system ment plan that pays for all of those my point, and truly my remarks are that can only be accessed by partici- things, almost the whole thing, and not intended to single out any one Sen- pating providers and organizations. It gets incredible results. It comes from ator. But I will say this: As we debate contains access controls, regulating my home State, from an Alaska Native health insurance reform in this Cham- who can use the network, and it con- program called the Nuka Model of ber, let’s arm ourselves with the facts tains audit requirements to ensure Care. It is based in Anchorage at the and with open minds. Let’s not say no there are no breaches in patient pri- Southcentral Foundation, a nonprofit just because of partisan differences. vacy. health system serving about 55,000 Let’s celebrate examples of innovation While the DHIN is still growing, it Alaska Natives. and excellence that work no matter has already helped the patient care de- The Nuka Model was developed about where they come from, and let’s use livery system in Delaware. As it moves 10 years ago using the wisdom of Na- the successful models to extend good, to include all providers in the State tive leaders. They acted in response to quality care to millions more Ameri- and works with other States’ informa- what they saw as their own failing cans. I am proud of the Nuka model in tion exchanges to share ideas and suc- health care system. Like many other Alaska, of the people who got it started cesses, the DHIN will help lead our health providers in this country, the a decade ago, and of the people who are country to a widespread adoption of foundation recognized an alarming making it work today. health information technology. contradiction: As health costs contin- ued to increase, the health status of I yield the floor. The stimulus act contained $19 bil- their patients only got worse. More The ACTING PRESIDENT pro tem- lion to promote the adoption of health dollars going to health care only re- pore. The Senator from North Carolina. IT nationwide, and the health reform sulted in worse health outcomes. Mrs. HAGAN. Mr. President, Senator effort promises to build on this mo- So they decided to change things. BEGICH’s comments on customer-driven mentum with even more resources. I From the ground up, they built a sys- care is certainly working in Alaska. believe it is essential that health re- tem of customer-driven health care. I now yield 5 minutes to my col- form boost the integration of informa- That is their term, not mine—‘‘cus- league from Colorado, Senator MI- tion technology such as that provided tomer driven.’’ CHAEL BENNET, for his discussion on by the DHIN throughout the health ‘‘Nuka’’ is a Native word associated transitional care. care system. with family, and that is certainly the The ACTING PRESIDENT pro tem- As I have said many times, it is time approach. The Nuka model creates pore. The Senator from Colorado. to gather our collective will and do the teams of health providers—doctors, Mr. BENNET. Mr. President, I thank right thing during this historic oppor- nurses, medical assistants—to work our colleague from North Carolina for tunity by passing health care reform. with each patient. It requires doctors organizing this discussion this morning We must include incentives to expand to listen to the patients, to really hear and for the other freshmen here yet the utilization of health information what customers are saying about their again, week after week, to talk about technology. We can do no less. The lifestyles, their jobs, their families, ev- the urgent need for health care reform American people deserve no less. erything that affects their overall in this country. Mrs. HAGAN. I thank Senator KAUF- health. My colleague, Senator UDALL from MAN. A health information network is It makes medical access much easier, Colorado, did a wonderful job talking critical to improving patient care and guaranteeing that you can see your about the models we have of transi- reducing health care costs. chosen provider for anything you tional care in Colorado, where we see Now I would like to yield 5 minutes want—same day. In person, via phone some providers able to have merely a 3- to my colleague from Alaska, Senator or e-mail—whatever is easier for the percent readmission rate just because MARK BEGICH, to discuss customer- patient—same-day guarantee. Let me of the way they manage patients, pa- driven care. repeat that: same-day guarantee. tient-centered care, unlike the way we

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.003 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11135 do it all across the country, which is When I read this letter, when we As of May of this year, Community the reason we are at a 20-percent read- heard this story, when we talked with Care of North Carolina was comprised mission hospital rate in the United Matt, it reminded me again of all the of 14 networks that included more than States. stories that I have heard—that all of us 3,200 physicians and covered over If we would put in some of these com- have heard—over these many months 913,000 Medicaid patients in North monsense practices and worry about when we have been discussing health Carolina, accounting for over 67 per- outcomes more and worry less about care about all the wasted evenings and cent of the State’s entire Medicaid pop- how many tests were given, in this case conversations and fights that people ulation. we could reduce the expenditure by $18 have over their telephone just to get As an example of the benefits of a billion annually and provide better basic insurance for their families so program such as this, consider the im- quality care. It is just one of the many they can have the kind of stability all pact on asthma patients because pa- ideas that is bubbling up from States of us want to have for our kids, for our tients get to see the same doctor and all across the country. grandkids, and for our families. get more consistent, coordinated care. I wish to spend a couple minutes That is what this insurance reform is Physicians are able to quickly recog- today talking about the absurd waste about. It is time for us to set aside the nize a condition such as asthma and of time that is caused by our current usual politics, the special interests can more quickly and efficiently deter- system of insurance in the United that always have prevented us from mine the most appropriate treatment. States. We have two examples in Colo- getting something done, and deliver re- The support network then educates the rado that have recently been covered form that creates stability for working patients and their families about the by the newspapers out there. The first families all across our country, deliver management of their disease. is a story about gender discrimination reform that allows us to consume a Due to the increased likelihood of when it comes to insurance. It is about smaller portion of our gross domestic complications when asthma patients a woman in my state, Peggy Robertson product than we are today, deliver re- get the flu, it is very important that of Golden, CO, who was denied coverage form that allows us to begin to put this they receive the flu vaccine. Since 2004, because she had what was called a pre- Federal Government back on a path of within the Community Care of North existing condition, which was the C- fiscal stability. It is high time to put Carolina, there has been a 112-percent section that she had when she gave this politics aside. increase in flu shots administered to birth to her son. The insurance com- I know in this country we can do bet- asthma patients. More than 90 percent pany said they would not cover her un- ter than that. In the end, we will do of patients are using the most appro- less she became sterilized. better. Our working families and small priate medications. Peggy came and testified about this businesses will be real beneficiaries of Between 2003 and 2006, asthma-re- in the committee, and her story has the reform that we pass. lated hospitalizations were decreased been repeated by many people across I thank the Senator from North by 40 percent, and emergency room vis- the State of Colorado. But it got the Carolina for giving me the opportunity its decreased by 17 percent. That saves attention of another person in our to be here this morning. I appreciate all of us dollars. State named Matt Temme of Castle her very important leadership on this Community Care of North Carolina Rock, CO, who wrote a letter to the critical issue. has improved patient care and saved editor that I almost could not believe I yield the floor. the State money. An independent anal- when I read it. Mrs. HAGAN. Mr. President, I thank ysis by Mercer, which is a government We followed up with Matt, and it Senator BENNET for his comments on consulting group, found that this pro- turned out that it was true. Matt was transitional care and certainly the gram saved between $150 million and denied coverage because his wife, who need to make sure no patients are de- $170 million in 2006. is insured—she has her own insurance— nied insurance coverage for preexisting A University of North Carolina eval- was pregnant. Matt is a 40-year-old conditions and in particular because a uation of asthma and diabetes patients commercial pilot from Castle Rock. He wife is pregnant. found that it saved $3.3 million for was furloughed from his job at the end I yield 5 minutes to myself. I take asthma patients and $2.1 million for di- of June. His wife Wendy is a paralegal, this opportunity to talk about health abetic patients between 2000 and 2002. and she is covered through her em- care reform and how it will improve In addition to asthma patients, dia- ployer. They have a 6-year-old son. the delivery of health care to Ameri- betic patients also had fewer hos- As I mentioned a minute ago, Wendy cans. pitalizations, and they visited the pri- is pregnant. It was too expensive for One successful delivery system that mary care doctors more often instead Matt and his son to join his wife’s plan. health care reform will expand upon is of specialists and had better health Because he was furloughed, he went patient-centered medical homes which outcomes. out shopping for a new plan on the in- were pioneered in my State of North I would like to tell a story about how dividual market, which he thought Carolina. Since 1998, North Carolina access to a medical home has helped would be easy. He first checked with has been implementing an enhanced someone in North Carolina overcome his previous company’s health insur- medical home model of care and its the challenges of an illness. ance. He filled out all the paperwork Medicaid Program called Community Donald from Charlotte has type 2 dia- for himself and his son. He is healthy, Care of North Carolina. betes. This diabetic condition of his he is 40 years old, and he is not eligible Under this model, each patient has went untreated for a long time and, as for coverage because his wife found out access to a primary care physician who a result, he began having ministrokes, she was pregnant. He told the insur- is responsible for providing comprehen- had to cut back on his work in land- ance companies: My wife is already sive and preventive care, working in scaping, and he ended up in an emer- covered by another insurer. collaboration with nurses, physician gency room. He was referred to a Char- They said to him: That is true, but if specialists, and other health care pro- lotte-based medical home program she suffers a fatality while giving birth fessionals. called Physicians Reach Out. He now to her child, that child is going to be- The primary care physician is the go- has a primary care doctor who has come a dependent of yours and there- to doctor and the gatekeeper of a pa- helped get him on a medication regi- fore will be on the insurance you buy tient’s information. Within each net- men, returning his blood sugar to a and therefore we are not going to sell work, patients are linked to a primary normal level which allowed him to it to you. care provider to serve as a medical work full time again. His primary care So now Matt had to go out to the home that provides acute and preven- physician was the key to teaching him market again. They have three plans. tive care, manages chronic illness, co- how to manage his diabetes. Without They have the plan his wife is on, al- ordinates speciality care, and provides his medical home, he said getting his ready covered; they have another plan round-the-clock, on-call assistance. condition under control would have for his 6-year-old son; and now Matt is Case managers are integral members of been a ‘‘wild goose chase.’’ on a version of a public option that we the network and work in concert with The Health, Education, Labor, and have in Colorado called Cover Colo- the physicians to identify and manage Pensions Committee included two pro- rado. care for high-cost, high-risk patients. visions in the health care reform bill to

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.004 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11136 CONGRESSIONAL RECORD — SENATE November 5, 2009 encourage patient-centered medical The way I look at the role of health the country and it serves as a lesson to homes, such as we have in North Caro- care delivery systems is the same way all of us that faulty foundations do not lina. The Secretary of Health and I look at building a house. To build a fix themselves. They require hard work Human Services will create a program strong, solid, safe house, you have to and ingenuity and significant invest- to support the development of medical start with a strong, solid, safe founda- ment. homes, and then the other States will tion. Our health care delivery systems If we are going to fully transform our apply for grants. are the foundation for all of our efforts Nation’s ailing health care system, we The bill also provides grants for phy- in health care. If that foundation is off must first focus on the foundation. We sician training programs, giving pri- center or cracked or built on uneven must first reform our health care deliv- ority to those who educate students in ground, it does not even matter how ery systems. these physician training programs that straight the walls are or how efficient Mr. President, I yield the floor. are team-based approaches, including the electrical system is, nothing is The ACTING PRESIDENT pro tem- the patient-centered medical home. going to work right. pore. The Senator from North Carolina I have been focused on a reform bill Right now, the vast majority of is recognized. that prevents insurance companies health care in America rests on shaky Mrs. HAGAN. Mr. President, I thank from turning patients away who have a foundations. It is our job to rebuild Senator UDALL. His example of the preexisting condition, that expands these foundations before more Ameri- community health service delivery in coverage, and ensures that if you like cans slip through the cracks. The good New Mexico is excellent. your insurance and your doctors, you news is that across the country, com- Now I yield 5 minutes to my col- keep them. This bill actually will re- munities are achieving success with in- league from New Hampshire, Senator duce our deficit, and that, obviously, novative health care delivery pro- JEANNE SHAHEEN, to talk about reduc- has been a requirement of mine all grams. We should look at these models ing overutilization of emergency de- along. This bill also encourages innova- as we continue our work here in Wash- partments and reducing hospital re- tion in the delivery of health care to ington. admissions. Americans using successful programs, There is one example I wish to high- The ACTING PRESIDENT pro tem- such as the Community Care of North light today. That example comes from pore. The Senator from New Hampshire Carolina and the Physicians Reach Out my home State of New Mexico, from a is recognized. patient-centered medical home as a county that makes up the boot heel of Mrs. SHAHEEN. Mr. President, I model. the southwestern corner. Hidalgo thank Senator HAGAN for organizing Mr. President, now I wish to yield 5 County is one of the most rural coun- the effort today and also for her great minutes to my colleague from New ties of my State, with a population of work on the HELP Committee to de- Mexico, Senator TOM UDALL, to talk 5,000 people. Hidalgo faces the same velop a health care reform bill that can about a model of community health health care delivery problems as other be supported by this body. service delivery. rural areas. There are not enough doc- Once again we are here to talk about The ACTING PRESIDENT pro tem- tors. Patients must travel long dis- health care reform and why it is so ur- pore. The Senator from New Mexico is tances for care and, as a result, there gently needed. We are at a critical recognized. are higher rates of chronic diseases and juncture because health care costs are Mr. UDALL of New Mexico. I thank health problems that require special- out of control. They are a threat to our Senator HAGAN very much, and thank ized treatment. families, our small businesses, our her for her statement today and lead- To meet these challenges, the Hi- economy and, despite all the money we ing us on the floor in this discussion of dalgo County medical community had are spending on health care, we are not health care. to think outside the box. What they guaranteed better health outcomes. In my case, I want to talk a little bit came up with is the Hidalgo Health That means because we are spending about health care delivery systems. Commons. It uses four guiding prin- money doesn’t mean that people are First, let me say I know when we ciples in its approach to health care. healthier. The truth is, we can control talk about a health care delivery sys- First, they acknowledge that in rural costs and improve quality. We can do tem it is a little bit of a wonky term. areas, chronic health conditions are this by promoting effective delivery Most Americans’ eyes probably glaze worsened by limited access to health models. Senator UDALL did a great job over when experts, politicians, or pun- providers and are often compounded by of talking about what that term means dits describe the problems with our poverty. in real language. We can promote effec- health care delivery system. They Second, to respond to this challenge tive delivery models that emphasize don’t know what it has to do with their they established a one-stop shop for coordination and individualized care. health care experience, their doctors, medical and social services. At the As I have said on a number of occa- or their lives. clinic you can find doctors, nurses, and sions, I am proud of the innovations The reality is health care delivery dentists, seek mental health treat- that are changing health care delivery systems have everything to do with all ment, fill a prescription, get Medicaid in New Hampshire, my home State. of that. These delivery systems deter- or Medicare, or apply for public assist- One of those that has been recognized mine how Americans receive their ance such as WIC. nationally is the Dartmouth Atlas care. They dictate how a doctor treats Third, they work with the commu- project, based in Hanover. Because of their patients, how long a patient must nity to identify local health priorities the work of the Dartmouth Atlas wait for treatment, how much a hos- and then align their services accord- project, we now know that there are pital charges for its services, and how ingly. significant variations in the way the medical community is held ac- Finally, they are a source of local health care resources are used and how countable for its mistakes. economic and social development by money is spent depending on where we As we continue working to reform creating jobs, serving schools, and of- live. health care, we must take an honest fering family support. Right now, providers are rewarded look at our current health care deliv- The health commons model has for volume rather than for value. There ery system and ask ourselves some worked so well that it has grown to is a chart here that shows that very basic questions, questions such as: Do serve five sites across New Mexico and clearly. It shows the difference in the systems we currently use to deliver they are not stopping there. The new spending among different regions of the health care work? Are we, as patients, Hidalgo initiative, which is still in de- country for Medicare patients. As you businesses, and governments, getting velopment, will expand on the success can see, the areas that are dark red are the best value for our health care dol- of the health commons. The goal is to the most expensive, these areas. The lar? Do these systems encourage effi- enroll all 5,000 residents of Hidalgo areas that are lightest are the least ex- cient, coordinated care? County into the health services pro- pensive areas when it comes to cost per If you ask the experts on this sub- gram. Medicare patient—from $5,280 to $6,600 ject, the answer you will likely get is a Hidalgo County is just one example in the lowest spending regions all the loud and resounding ‘‘no.’’ of the innovative work going on across way up to $8,600 to $14,360 per Medicare

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.005 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11137 patient in these darkest regions of the The REDUCE Act will create dem- called Virginia Coordinated Care to country. onstration projects in 10 States that manage health care services for the un- Unfortunately, the sad thing about are modeled off of these approaches insured. The uninsured often rely on this research is not the changes in that have been successful in places emergency rooms to be treated for cost, but it is the fact that because around the country. This is the type of their illnesses and then go back home someone lives in an area where the delivery system reform that improves until they get sick again. There is no spending is higher doesn’t mean they quality and reduces costs simulta- continuity of care and oftentimes that are going to have better health out- neously. uninsured person will end up back on comes. Put very simply, more costly As I have said many times, the chal- an emergency room doorstep because, care does not mean better care. This is lenge we face is great, but we have the outside of being treated for the epi- a fundamental problem with our health resources and the tools we need to re- sodic incident, there was no manage- care system. The way our health care form our health care system. We can do ment of that patient’s care during that dollars are being spent right now is this in a fiscally responsible way. By period. analogous to a medical arms race. That improving the way we deliver care, we What VCU developed was a program is not my term, that is by Dr. Elliott can maximize efficiency and we can that assigned a primary care physician Fisher, from the Atlas Project. Too improve quality. This is the type of re- to oversee each uninsured patient’s often we judge the quality of our hos- form all Americans deserve. This is the health. The goal was to increase co- pitals, for example, based on a new ex- type of reform we are working on here ordination between doctors and hos- pansion wing or the latest medical de- in the Senate. This is the type of re- pitals and, as a result, increase ac- vice, and not on comparing the quality form I hope our colleagues will all sup- countability, improve quality of care, of care they provide. port. and lower costs. Over the past several months, thou- I thank Senator HAGAN and I yield my time back to her. The Virginia Coordinated Care pro- sands of my constituents have ex- gram started with a few participants in pressed their concerns about our health The ACTING PRESIDENT pro tem- pore. The Senator from North Carolina 2000; by 2009, there were over 20,000 care system. Last week, Dr. Jim Kelly, members. One of the most important from Hollis, NH, was in my office shar- Mrs. HAGAN. Mr. President, I thank my colleague. She has made it abun- outcomes of the program was a signifi- ing his concerns and frustrations. Dr. dantly clear that by reducing the over- cant drop in emergency room visits by Kelly is a family physician and, like so utilization of emergency departments, enrolled patients. By increasing con- many of our health care providers, he at the same time reducing hospital ad- tinuity of care, emergency room visits is dedicated to doing the best job he missions, we can maximize efficiencies dropped 14 percent between 2000 and can for his patients. However, ineffi- and improve patient health and health 2005. Costs were reduced for Richmond ciencies in our system often work care. area hospitals, as well as surrounding against the best efforts of our pro- I yield 5 minutes to my colleague Virginia hospitals as fewer patients viders. from Virginia, Senator MARK WARNER, showed up at other emergency rooms. Dr. Kelly shared one of those experi- to talk about delivery system reforms By treating the patient earlier in their ences. He talked about one of his pa- in Virginia. illness the program achieved better tients who was a 73-year-old woman The ACTING PRESIDENT pro tem- quality of care, and better results for with diabetes who came into his office pore. The Senator from Virginia is rec- the health care system as a whole. on a Friday morning with a swollen, ognized. red, and tender leg. In addition to her Another example of delivery system Mr. WARNER. Mr. President, I thank reform took place at another end of our own illness, she is the sole caretaker my colleague from North Carolina for for her 79-year-old husband who re- State, at Sentara Healthcare, located organizing the freshmen one more time in Norfolk, VA. In 1999, Sentara studies cently had a stroke. Dr. Kelly diag- to talk about our vision for health care nosed her condition, a relatively com- found that intensive care units that reform. We invite our colleagues not were monitored by a doctor full time mon one, as cellulitis, a skin infection only on our side of the aisle but our which required IV antibiotics. Dr. had lower mortality rates and shorter colleagues across the aisle to join us in length of stays than those that were Kelly gave her the first dose in his of- this conversation about how to get fice, but Medicare would not cover her not. In order to improve quality of health care reform right. I also com- care, Sentara worked with a company infusion therapy at home. As a result, mend my colleague from New Hamp- Dr. Kelly was forced to send her to the called VISICU to install Web-based tel- shire, Senator SHAHEEN, on her com- evision cameras in each patient’s room. local emergency room to receive treat- ments about how we can fix financial With this technology, a single physi- ment over the weekend. As a result, incentives in our current health care cian in a central location can follow she had to bring her disabled husband, system. I think reforming our delivery patients in multiple rooms at the same whom she couldn’t leave at home system ought to be, clearly, part of any time. Again, this kind of logical ap- alone, to the emergency room. Both of overall health care reform we take on. them were forced to sit in the crowded I want to pick up, actually, where proach produced more efficient care at a lower cost. Sentara saw a 25-percent ER, exposing them to more germs and Senator SHAHEEN left off and talk using resources that could be used about how we can readjust our finan- reduction in mortality among these pa- much more efficiently. cial incentives system in health care. tients, a 17-percent reduction in their Unfortunately, our system does not We have them all wrong. We have a length of stay, and a 150-percent return always facilitate efficient and coordi- health care system right now that re- on investment in the program. nated care. This is too often true with wards bad practices. We have a health Perhaps the best example is now our most vulnerable patients. care system that rewards hospitals for being modeled by the Carilion Clinic in But there are innovative projects multiple readmissions rather than a Roanoke, VA. Carilion Clinic is a across the country that have adapted low readmission rate. We have a health multispecialty health care organiza- to meet the needs of these individuals. care system that rewards volume of tion, with more than 600 doctors and 8 By providing increased outreach and care rather than quality of care. Re- health care organizations. care coordination, one pilot program forming the financial incentives in our In 2010, next year, Carilion Clinic will was able to reduce visits to the emer- delivery system has to be a key compo- join with Engelberg Center for Health gency room by almost two-thirds, after nent of any health care reform going Care Reform at Brookings and the 2 years of participation. forward. Dartmouth Institute for Health Policy I recently introduced the REDUCE I join my colleagues in citing exam- and Clinical Practice to implement a Act, which is modeled after these suc- ples of delivery system reforms that new and innovative health care model cessful pilots, and which I believe will are happening now in my own state. I that rewards providers for improving change the way care is delivered to have three examples here from the patient outcomes while also lowering these high-risk patients with multiple Commonwealth of Virginia. costs. This Accountable Care Organiza- chronic conditions. I think that is very In 2000, VCU Health System in Rich- tion will encourage physicians, hos- important to point out. mond, our capital, developed a system pitals, insurance companies, and the

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.009 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11138 CONGRESSIONAL RECORD — SENATE November 5, 2009 government to work together to co- health care industry. But despite all of Significant progress in this area has ordinate care, improve quality, and re- our medical achievements and tech- already been accomplished. Over the duce costs. Under this model, providers nologies and the private and public years, the Institute of Medicine has will assume greater responsibility not money we spend on health care, we do been able to identify five drivers of only for treating the patient’s illness not lead the world in health outcomes. health care quality and costs: first, but for the overall quality and cost of We need to innovate not only in the health outcomes; second, health-re- care to be delivered. They will actually way we treat patients but in the way lated behaviors; third, health system be incentivized to take steps to keep we create and implement health care performance; fourth, social and phys- patients healthy, while avoiding costly policy. For that reason, one of the ical environment; and fifth, demo- medications and procedures. Addition- most promising provisions in the draft graphic disparities. The institute has ally, this model will encourage, and health reform measures about to come recommended 20 specific indicators for make it affordable, for doctors to fi- before us is the creation of a key na- measuring these five drivers of health nally practice preventive care. Carilion tional indicators system. care quality and cost. These indicators Clinic is doing the right thing: moving When illness strikes, we expect a were carefully selected to reflect both away from the current, and very health care team to carefully collect the overall health of the Nation and flawed, fee-for-service system. information from the patient and then the efficiency and effectiveness of our As long as our health care system— consult the wide range of information health care industry. However, the in- one-sixth of our economy—continues to available to them to achieve the appro- stitute lacks an implementation sys- reward providers simply based on quan- priate diagnosis and treatment. That tem that can use these indicators effec- tity rather than quality of care, we are careful and complete process should tively to guide future policy and prac- never going to get health care reform yield the best possible course of treat- tice. That is the goal and that is the right. By increasing coordination of ment and recovery. mission of the new agency, the key na- care, and putting in place smarter fi- We need the same kind of approach in tional indicators system, we propose. nancial incentives, we can have higher the creation of wise health care policy. Here is one example of how this legis- quality care at lower costs. We can In particular, we need measures to lation will improve our health care sys- focus on the health of patients, rather identify what is wrong with our cur- tem. A recent study conducted by the than the number of procedures. Chang- rent health care system, including Harvard School of Public Health found ing our payment mechanisms and re- what is driving the increasingly high that using a simple checklist during structuring financial incentives are a cost of care. Abundant research and re- surgical procedures resulted in a one- key part of health care reform. ports have analyzed such questions. third reduction of complications from I know my freshmen colleagues stand What is missing is a central, inde- that surgery. Reports such as these are ready to work with our colleagues on pendent organization that can analyze made public, but you have to know this side of the aisle, and I again invite all of the research performed by var- where to look in order to access this our colleagues on the other side of the ious organizations and make that in- information. The key national indica- aisle to join us in this effort. Getting it formation readily available to Con- tors system will take these reports, right will lead to improved quality of gress, to the executive branch, and the compile them, disseminate them, and care, lower costs, and a healthier American people. That is an indispen- make them available to the public. So America. sable part of successful health reform. any time a bill is being developed, a I thank our leader today, the Senator It will give decisionmakers easier ac- congressional office can go to this Web from North Carolina, for granting me cess to all the knowledge available and site and see all of the research that has this time. I look forward to working eliminate wasteful spending of the been conducted on the topic in order to with Senator HAGAN and all my col- hard-earned dollars of American fami- make economically sound decisions for leagues as we move forward. lies. the American people. I yield the floor. Senator Kennedy and Senator ENZI, Currently, Congress and the execu- Mrs. HAGAN. I thank Senator WAR- in a strong, bipartisan effort, under- tive branch continue to follow old hab- NER. It is obvious that coordinated care stood the need for this vital resource, its. We tend to reinvent the wheel with will reduce costs and at the same time and they designed a key national indi- every major new bill that is intro- provide higher quality for our patients. cators system to provide it. It will be a duced. That approach leads to wasted What Senator WARNER has discussed nonpartisan, independent agency with time, wasted energy, and wasted is very similar to the patient centered a public-private partnership. It will money. Old habits are not good enough medical homes in North Carolina where foster better relations and relation- to achieve tomorrow’s goals. By devel- we currently cover over 900,000 Med- ships between members of the legisla- oping this indicator system, a process icaid patients. tive, statistical, and scientific commu- will be in place so that the efficiency Finally, I yield 5 minutes of my time nities and will lead to greater trans- and effectiveness of government spend- to my new colleague from Massachu- parency and accountability for spend- ing on short-, medium-, and long-term setts, Senator PAUL KIRK, to discuss ing on national health programs. With- problems can be determined quickly some key national indicators. out such a resource, we will be at a se- and in a fiscally responsible manner. Mr. KIRK. Mr. President, I thank the rious disadvantage in fully under- Our current system is unsustainable. Senator from North Carolina. It is a standing emerging health risks and in It creates unnecessary confusion when privilege to be a member of her class assessing whether the intended result Americans can least afford it. We need and the class of distinguished col- is being achieved or adequate progress a system that will provide insight, leagues of freshmen, and I commend is being made on the health care chal- foresight, transparency, and account- her as well for her leadership in this lenges facing us. ability. We will not be doing our job for discussion this morning, adding onto The key national indicators system the American people if we allow their the role the freshman class is playing will make all its data available on a money to be spent without assessing in advocating for health care reform newly created, widely accessible Web the cost-effectiveness of the various for the American people. site in the health care context. This programs being developed. I would like to speak this morning unprecedented accessibility of data By creating the key national indica- about a key national indicators sys- will assist the public in understanding tors system, we can reassure all Ameri- tem. what information was used by politi- cans that we did our required due dili- As we know, America is said to lead cians in creating health care policies. gence and that our health care reform the world in health innovation. It can It will enable policymakers to see bill will truly work for them. create the finest medical devices, the whether progress is being made in I yield the floor. most effective drugs to treat diseases health reform. And it will permit prac- Mrs. HAGAN. Mr. President, I thank and advanced processes and procedures titioners and researchers to use the in- Senator KIRK. I thank him for his com- to care for patients. It is this wide formation for the greater benefit of pa- ments and the discussion on the trans- range of remarkable innovations that tients and consumers of health and parency and openness of the new key has resulted in today’s $2.3 trillion medical care. national indicators system. I think

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.010 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11139 this is critically important so that our my questioning of the Joint Tax Com- President’s promise that no individuals public can see the progress we are mak- mittee, we were told the vast majority who make less than $200,000 will pay in- ing in improving health outcomes, of this $201 billion tax is expected to be come taxes or payroll taxes or, in the healthy behavior, and cost-effective- collected directly from the middle President’s words, ‘‘any other kind of ness. class, individuals who will be paying taxes.’’ In this last hour, we have heard from more income and payroll taxes. So we are clear on this, the estimates many of our new freshman colleagues Let’s figure out how that can be. It are that 84 percent of this tax is going about the successful efforts to reform turns out that as we analyze the way to be paid by those who are earning the way we deliver health care in our this tax is going to work, employers less than $200,000 per year. As a matter country. I thank my colleagues for that will face a 40-percent excise tax on of fact, if we look at those who make sharing those ideas with us. the health care they provide to their less than $50,000 a year, we expect I yield the floor. employees will begin to adjust the somewhere in the neighborhood of 8 The ACTING PRESIDENT pro tem- value of their health care plans so they million Americans will fall into this pore. The Senator from Idaho. avoid the tax. As they do so, they will category. If we look at the number who f reduce the health care they are pro- make less than $200,000 per year, we ex- viding to their employees and, presum- pect that number will be above 25 mil- HEALTH CARE REFORM ably—and we expect they will—in- Mr. CRAPO. I, too, would like to talk lion Americans who will be paying crease the wages they are paying to more taxes, both payroll and income about health care. As we speak here in their employees so their employees’ the Senate, the House is preparing to taxes, and receiving less health care net compensation is not changed. The benefits from their employer. debate and reportedly vote by late this result of that, though, is that since the week or early next week on a massive health care portion of the compensa- The net result is, the President’s new health care bill that will dramati- tion is not taxed and the income por- promise that one can keep their health cally expand the size of our govern- tion of an employee’s compensation is care if they like it will not be honored ment, dramatically increase taxes, and taxed, the employee will actually pay because of this provision. People will establish a government-controlled in- higher taxes, both on the income and see, necessarily, that their employers surance system. on the payroll tax level. will begin reducing health care pack- While in the Senate we are not yet Maybe a real-world example will ages to make them fit the tax struc- clearly aware of what the bill we will demonstrate. In my State of Idaho, the ture this bill will create. be debating is because it is still being Census Bureau says the median house- Secondly, there is the President’s crafted behind closed doors, we have an hold income is about $55,000 per year. promise that if you make less than idea, and we are pretty sure some of In this case, let’s take an example of a $200,000 as an individual or $250,000 as a the elements that are going to be in- single woman who currently earns family, you will pay no taxes under cluded in it are the same elements we $60,000 per year in annual compensa- this proposal. As we have seen with debated in the Finance Committee and tion from her employer. We have an ex- this one example—and there are a num- the HELP Committee as those commit- ample represented by this chart. Let’s ber of other examples in the proposal tees worked on their product here. In assume she has a $10,000 valued health being developed—in this one example that context, we expect we will see also policy. Her total compensation pack- of $201 billion worth of the new taxes in here in the Senate a massive new ex- age from her employer is going to be the bill, those making less than $200,000 pansion of the size of government, up $60,000–$50,000 in wages and $10,000 in will pay over 80 percent of it, and it to $1 trillion or more. If it is anything employer-provided health care bene- will come directly out of their pockets like what the Finance Committee bill fits. She is taxed on $50,000 and gets the and their compensation package with was, we will see taxes increased on the $10,000 health care benefit without tax- their employer. American public by over $500 billion, ation. What will happen in the bill, as In the time I have remaining, I wish we will see cuts in Medicare, which we I have indicated, is this $10,000 health to focus on one additional element. discussed yesterday, of over $400 bil- care policy will be subject to a 40-per- There is also a proposal to increase the lion, and a significant expansion of the cent excise tax. In order to avoid that bar for deductions of health care ex- control of the Federal Government excise tax, the company will simply penses. In other words, those who de- over our health care economy. Today, I react by reducing her health care pol- duct their expenses and itemize their want to focus on just the tax piece of icy to below $8,000 and increase her in- deductions can today deduct that por- this situation. come. tion of their income over 7.5 percent of One of the most common provisions Let’s put up another chart to see their income that is represented by we have seen here in the Senate that what the likely reaction of the em- their health care expenses. This bill we clearly expect will be in the final ployer will be: Not to pay the insur- will increase that to 10 percent and bill is the proposed 40-percent excise ance fee, as many here are saying, but generate over $15 billion of additional tax on high-cost or ‘‘Cadillac’’ health simply to skip that and direct her tax taxes in that format. Who is the most care plans. This has been defined as dollars to the Federal Government. If likely to pay these taxes? People who health care plans that are valued at this new high-cost plan is to be en- have relatively low health care costs more than $8,000 for an individual or acted, the theory is her employer will are going to end up not meeting that valued at more than $21,000 for a fam- make the adjustments to change her 7.5-percent threshold, now to be ily. overall compensation package in a way brought to 10 percent, and probably It is important to note these thresh- that she ends up with higher wages. will not be able to benefit from the de- olds are not indexed to the increasing Let’s put the next chart up to show ductibility of their health care. But cost of health care spending but in- how this would work. Under this pro- those who face medical crises, those stead are indexed to inflation plus 1, posal, her health care benefits are who have health care expenses that ex- which means that over time this will, going to go down. Let’s assume the ceed the value of 10 percent, will see similar to the alternative minimum company reduces her health care bene- their deductibility reduced again by tax, eat further and further into the fits from $10,000 in value to $6,000 in these proposals. The net result: Mil- American public’s health care plans, value and gives her the extra $4,000 in lions of Americans making less than which will then be taxed. income. Her health care benefits will $200,000 a year will pay more taxes. The Joint Tax Committee has scored go down. She will pay more taxes be- this tax to generate $201 billion of rev- cause she now has $4,000 more of her I encourage the Senate, as we move enue to pay for that portion, $201 bil- package that is subject to compensa- forward in the debate, to recognize lion of this new Federal spending pro- tion. The net value of her compensa- that the tax provisions contained in it posal. Many think that because it is tion will go down because of increased are squarely going to hit those in the called an excise tax on health care taxes. The result is, we are going to see middle class. plans, it is not going to impact them. millions of Americans pay this excise The PRESIDING OFFICER (Mr. WAR- They will be surprised to learn that in tax squarely in contravention of the NER). The Senator from Iowa.

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.011 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11140 CONGRESSIONAL RECORD — SENATE November 5, 2009 Mr. GRASSLEY. Mr. President, I am crease over what taxes people pay right employ two-thirds of all small business sorry the Presiding Officer, the Sen- now. workers is not wise, then they should ator from Virginia, has to listen to me Owners of the many small businesses, either oppose these tax increases or twice on the same subject. whether regular—which could be so- present data that shows different re- When I am referring to a bill, I am called C corporations—or other entities sults. referring to the 2,000-page House bill. that receive dividends or realize cap- This House bill of 2,000 pages and the Small business is very vital to the ital gains, would face a 25-percent rate surtax included in it piles on the heavy health of our economy. The President increase under this House bill. So we taxes small businesses will face. In a and I agree that 70 percent of new pri- have a 15-percent capital gains rate time when many businesses are strug- vate sector jobs are created by small today on dividends going up almost 70 gling to stay afloat, does it make sense business. Small business is the employ- percent by January 1, 2011. to impose an additional burden on ment machine of the American econ- Campaign promises are pretty impor- them by raising their taxes? Odds are, omy. However, where the President and tant. Candidate Obama pledged on the they will cut spending. In other words, I differ is, I believe small business campaign trail that: the small businesses will cut spending. taxes should be lowered, not raised, to Everyone in America—everyone—will pay They will cancel orders for new equip- get our economy back on track. You lower taxes than they would under rates Bill ment, cut health insurance for their will hear from my discussion, this Clinton had in the 1990s. employees, stop hiring, and lay off peo- 2,000-page bill raises taxes on small That is quite a promise. That is good ple. business. for business, if it is lower than what Instead of seeking to raise taxes on The President and my colleagues on Bill Clinton had. The small business those who create jobs in our economy, the other side of the aisle have pro- surtax proposed by House Democrats, our policies need to focus on reducing posed increasing the top marginal tax however, violates President Obama’s excessive tax and regulatory barriers rates from 35 percent to 39.6 percent, pledge he made as a candidate. There- that stand in the way of small busi- respectively. We can see that on the fore, I want Members to know I stand nesses and the private sector making chart under the proposed Obama budg- with President Obama in opposing the investments, expanding production, et, 39.6 percent is where they would small business surtax proposed by and creating sustainable jobs—creating raise them. They have also proposed in- House Democrats in this bill, this 2,000- sustainable jobs, which is what I refer creasing the tax rates on capital gains page bill. to as small business being the job-cre- and dividends to 20 percent and pro- According to the National Federation ating miracle of our economy. viding for an estate tax rate as high as of Independent Businesses—they made So I want you to know, regardless of 45 percent and an exemption of that es- a survey—their data shows that 50 per- this 2,000-page House bill, with these tate tax of $3.5 million. Also, the Presi- cent of the owners of small businesses big tax increases in it, I will continue dent and congressional Democrats have that employ 20 to 249 workers would to fight to prevent a dramatic tax in- called for fully reinstating the personal fall into the top bracket. The red bar crease on our Nation’s job engine, the exemption phase-out. I will refer to the shows 50 percent of all small employers small businesses of America. personal exemption phase-out as PEP. fall into that bracket. According to the I hope my friends on the other side of They would do that for those making Small Business Administration, about the aisle will follow accordingly. more than $200,000 a year. In addition, two-thirds of the Nation’s small busi- Mr. President, I ask unanimous con- they have called for fully reinstating ness workers are employed by small sent that a statement from the Joint the limitation on itemized deductions, businesses with 20 to 500 employees. Committee on Taxation, backing up which is known as Pease after a former Do we want to raise taxes on these some of the figures I used in my Congressman Pease of Ohio, for those small businesses that create new jobs speech, be printed in the RECORD. making also more than $200,000. and employ two-thirds of all small There being no objection, the mate- Under the 2001 tax law, PEPs and business workers? rial was ordered to be printed in the Pease are scheduled to be completely In his radio address a few months RECORD, as follows: phased out in 2010. That means the tax ago, the President noted small busi- CONGRESS OF THE UNITED STATES, rate for current 35-percent-rate tax- nesses are hurting. They are hurting JOINT COMMITTEE ON TAXATION, payers would go up, as we can see on because we are helping Wall Street, but Washington, DC, November 3, 2009. the chart, to 41 percent. For the vast we are not helping Main Street with all MEMORANDUM majority of people who earn less than the things we are doing in Congress. Of To: Mark Prater, Nick Wyatt, and Jim $200,000, raising taxes on high earners course, there is no argument from this Lyons might not sound so bad. However, this side of the aisle on that point. From: Tom Barthold means many small businesses will be President Obama recognized in that Subject: Revenue Estimate hit with a higher tax bill. From the speech the credit crunch on small busi- This memorandum is in response to your standpoint of it being where they cre- nesses continues, despite hundreds of request of October 30, 2009, for an estimate of ate 70 percent of the new jobs, that is billions in bailout money to big banks. the percentage of revenue raised from the bad not only for those taxpayers, that With these small businesses already 5.4-percent AGI surtax included in the ‘‘Af- fordable Health Care for America Act’’ at- is bad for the entire economy. suffering from the credit crunch, do we tributable to business income. As if this was not bad enough for want to think it is wise to hit them For purposes of this analysis, business in- small business, the tax increases I have with a double whammy of a 33-percent come consists of income from sole propri- already talked about, the House Demo- increase in their marginal tax rate? etorships (Schedule C); farm income (Sched- crats, in this 2,000-page health care re- Just yesterday, we received data ule F); and income from rental real estate, form bill, have proposed a new surtax from the nonpartisan official congres- royalties, partnerships, subchapter S cor- of 5.4 percent. With this small business sional tax scorekeepers, the Joint Com- porations, estates and trusts, and real estate surtax, a family of four in the top mittee on Taxation, that said $1 out of mortgage investment conduits (Schedule E), as would be reported on lines 12, 17, and 18 of bracket will pay a marginal tax rate of every $3 raised by the massive $461 bil- the 2008 Form 1040. We do not count as ‘‘busi- 46.4 percent by the year 2011. So we go lion House surtax—and that is in this ness income’’ income from interest, divi- from current law of 35 percent to auto- 2,000-page bill—would come from small dends, or capital gains that may flow matically, if Congress doesn’t inter- businesses. That is a conservative, a through certain pass-through entities but vene, 39.6 percent; and then eliminate very conservative estimate because which is reported elsewhere on an individ- the PEPs and Pease, 41 percent; and other kinds of income that these busi- ual’s return. then do what the House Democrats ness owners receive, such as capital Under the ‘‘Affordable Health Care for want to do, 46.4 percent, a marginal tax gains and dividends, are not included in America Act,’’ a 5.4-percent surtax would be imposed on adjusted gross income (‘‘AGI’’) in rate that is very high and very nega- that figure. excess of $500,000 ($1,000,000 in the case of a tive to employment by small business. If the proponents of the marginal married taxpayer filing a joint return). For This tax change would result, cumu- rate increase on small business owners purposes of responding to your request, we latively, in an increase of marginal tax agree that a 33-percent tax increase for have assumed that net positive business in- rates of 33 percent, a 33-percent in- half—half—the small businesses that come is ‘‘stacked’’ last relative to the other

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.012 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11141 income components of AGI. For example, a the continuity of verification mecha- ployed to Geneva will achieve a new married taxpayer filing jointly with $2 mil- nisms. treaty in the remaining 30 days before lion of AGI including $500,000 of net business In 2002, the Senate considered the expiration. But even if that happens, income would have one-half of the taxpayer’s Moscow Treaty governing strategic nu- the time required for a thorough Sen- $54,000 surtax liability under the ‘‘Affordable Health Care for America Act’’ attributed to clear forces. That treaty contained no ate consideration of the treaty ensures the taxpayer’s net business income. verification mechanisms. Instead, it re- that it will not be ratified before We estimate that one-third of the $460.5 lied on the verification regime estab- START I expires. billion estimated to be raised in fiscal years lished in the START I treaty. During At the core of the START treaty 2011–2019 from the 5.4-percent AGI surtax Senate consideration of the Moscow rests its verification regime—a system under the ‘‘Affordable Health Care for Amer- Treaty, I asked Secretary of State of data exchanges and more than 80 dif- ica Act’’ is attributed to business income. Colin Powell and Secretary of Defense ferent types of notifications covering Mr. GRASSLEY. Mr. President, I Donald Rumsfeld about the apparent movement, changes in status, conver- yield the floor. gap in verification that could occur, sion, elimination, testing, and tech- The PRESIDING OFFICER (Mr. given that the Moscow Treaty extends nical characteristics of new and exist- KIRK). The Senator from Indiana. to 2012, while the START I verification ing strategic offensive arms. This data f provisions were set to expire on Decem- is further verified through an inspec- START TREATY INSPECTIONS ber 5, 2009, this year. tion regime. The START I treaty in- LEGISLATION Secretary Powell stated: spection protocol permits no less than It did not seem to be something that was 12 different types of inspections pursu- Mr. LUGAR. Mr. President, I rise to pressing at the moment. ant to the treaty. speak on S. 2727, the START I Treaty He said that during negotiations on According to a fact sheet released by Inspections and Monitoring Protocol the Moscow Treaty, consideration was the Department of State in July 2009, Continuation Act of 2009, which I intro- given to extending the START verifica- the United States has conducted more duced yesterday. tion regime past 2009 in a separate ne- than 600 START inspections in Belarus, This bill provides authority that gotiation or that the transparency Kazakhstan, Russia, and Ukraine. Rus- would allow the President of the measures under the Moscow Treaty sia has conducted more than 400 inspec- United States to extend, on a recip- could be maximized in some way to tions in the United States. These intru- rocal basis, privileges and immunities provide for enhanced verification. But sive, onsite inspections permit the to Russian arms inspection teams that Secretary Powell said, in 2002, that we United States to verify the kinds and may come to the United States to had ‘‘some 7 years to find an answer to types of Russian weapons being de- carry out inspections permitted under that question.’’ ployed, as well as to examine modified the Strategic Arms Reduction Treaty Likewise, Secretary Rumsfeld was versions of Russia’s weapons. It is this or START I. questioned about the verification gap ability, in addition to our own national This bill is necessary because, on De- created by the 2009 expiration of technical means, that gives us the ca- cember 5—1 month from today—the START. He stated: pabilities and confidence to ensure ef- START I treaty will expire. This trea- There is [a gap], from 2009 to 2012, exactly. fective verification of the treaty. ty, signed in 1991, is obscure to many in But between now and 2009 . . . there is plenty Some skeptics have pointed out Rus- the Senate. Only 26 current Senators of time to sort through what we will do sia may not be in total compliance were serving at the time we voted on thereafter. . . .Will we be able to do some- with its obligations under START. the resolution of ratification in Octo- thing that is better than the START treaty? Others have expressed opposition to ber 1992. But the START I treaty has I hope so. Do we have a number of years that the START treaty on the basis that no we can work on that? Yes. been vitally important to arms control arms control agreement is 100-percent efforts up to the present day because it I was pleased to play a role in secur- verifiable. But such concerns fail to ap- contains a comprehensive verification ing ratification of the Moscow Treaty preciate how much information is pro- regime that undergirds every existing on March 6, 2003. But, at that time Sen- vided through the exchanges of data United States-Russian treaty that ators were led to understand the Bush mandated by the treaty, onsite inspec- deals with strategic arms control. administration would begin work with tions, and national technical means. It is essential to understand that a Russia on codifying a verification re- Our experiences, over many years, have successful arms control regime depends gime under the Moscow Treaty, either proven the effectiveness of the treaty’s on much more than mutual agreement by continuing the START verification verification provisions and served to on the numbers of weapons to be elimi- regime past 2009 or through other build a basis for confidence between nated. Arms control agreements also measures. Neither was accomplished. the two countries when doubts arose. must provide for verification measures, The START treaty itself provides The bottom line is, the United States including seemingly mundane details, that the parties must meet to extend is far safer as a result of these 600 such as delineating the privileges and the treaty ‘‘no later than one year be- START inspections than we would be responsibilities of verification teams fore the expiration of the 15-year pe- without them. operating in each other’s countries, as riod’’ of its duration. In 2008, we wit- Testifying before the Foreign Rela- well as the procedures for conducting nessed the conflict in Georgia. Decem- tions Committee on the INF Treaty in those inspections. ber 5, 2008, was the date by which the 1988, Paul Nitze provided the definition These details require legal authoriza- United States and Russia would have of ‘‘effective verification.’’ He stated: tion that minimizes disputes and rein- to meet to satisfy the treaty’s require- What do we mean by effective verification? forces reciprocal expectations of how ments. Many worried that the atmos- We mean that we want to be sure that, if the the verification regime will function. If phere created by the Georgia situation other side moves beyond the limits of the the legal authorization for strategic would prevent the United States and Treaty in any militarily significant way, we arms control verification lapses, as it Russia from conducting such a meet- would be able to detect such a violation in will in 1 month, we will be creating un- ing. But to the Bush administration’s time to respond effectively and thereby deny necessary risks for the national secu- credit, a meeting was held that pro- the other side the benefit of the violation. rity of the United States and our work- vided us the possibility of extending In a similar vein, Secretary of De- ing relationship with Russia. the treaty. But the clock kept ticking. fense Bob Gates testified in 1992, when It had been my hope that the pre- I noted during Secretary Clinton’s he was Director of Central Intelligence, vious and current administrations confirmation hearings, on January 13, that the START treaty was effectively would have made substantially more 2009, it was vital that the START trea- verifiable and that the data it provides progress in ensuring the continuity of ty be renewed. At that time, she as- would give us the ability to detect the START I verification system so the sured the committee that ‘‘we will militarily significant cheating. legal authorities I am proposing would have a very strong commitment to the The Senate has repeatedly expressed not be necessary. But we have reached START Treaty negotiation.’’ I do not confidence in the START I verification the point where both the United States doubt that commitment. I am hopeful procedures. It approved the START I and Russia must take steps to ensure the capable negotiators we have de- treaty in 1992, by a vote of 93 to 6. In

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.002 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11142 CONGRESSIONAL RECORD — SENATE November 5, 2009 1996, it approved the START II treaty, of a START successor agreement is whom they worship on Sunday, they which relied on the START I verifica- completed. see at the grocery store. Our small tion regime, by a vote of 87 to 4. Like- I thank the Chair, and I yield the businesses don’t want to lay off these wise, the Moscow Treaty was approved floor. people. by a vote of 95 to 0. The PRESIDING OFFICER. The Sen- Now, what would a 5.4-percent tax do The current administration has em- ator from Nebraska. to their bottom line, to their employ- ployed a capable team in Geneva. Just f ees, to any potential of hiring in the last week, National Security Adviser future, to the communities they sup- HEALTH CARE REFORM Jim Jones went to Moscow to under- port? Well, one can see the impact it score the importance of achieving Mr. JOHANNS. Mr. President, I stand will have. agreement on a successor to the today to highlight the tax hammer, as Shawne McGibbon, a former Small START treaty. The administration has I would describe it, that is being Business Administration official, said publicly stated it seeks a new treaty brought down on the American people it very well and, again, I am quoting: that will ‘‘combine the predictability relative to the health care bills that Nebraska depends on small businesses for of START and the flexibility of the are making their way to the floor of jobs and economic growth. During this time Moscow Treaty, but at lower numbers the Senate and literally are about to be of financial stress and economic instability, of delivery vehicles and their associ- debated on the House side. policymakers need to remember that the ated warheads.’’ In the Finance Committee bill, there State’s small businesses provide the eco- This predictability stems directly are over $500 billion in additional taxes nomic base for families and communities. from START’s verifiability. and fees and fines and penalties. In the Maybe to some from big cities or So far, most of the public discussion House bill, there are over $750 billion in States that are mostly urban, the loss surrounding a potential successor new taxes, et cetera. If you shrug your of 50 jobs is not a big deal. I can tell agreement has focused on further re- shoulders thinking: Well, that is a tax my colleagues it is a big deal to me. It ductions in strategic nuclear weapons. on those wealthy people; I don’t have is a big deal to my State. Fifty jobs in Scant attention has been paid to the anything to worry about; I am not one a community of 1,000 people is abso- verification arrangements for such a of them—you are missing something. lutely devastating. Those paychecks no follow-on agreement. Informally, we Actually, nothing could be further longer spent on Main Street can lit- understand that we will yet again be from the truth. erally bring Main Street to its knees. relying on START’s verification re- In my judgment, these taxes will sti- Making matters worse, this tax is gime in the new agreement. For me, fle small business. They are going to not indexed for inflation, so what can this will be the key determinant in as- shock families who think there is no we predict? What is the most certain sessing whether a follow-on agreement way their modest income could pos- thing we can predict about this tax? It that comes before the Foreign Rela- sibly be taxed more by the Federal is going to have the AMT problem all tions Committee and the Senate fur- Government. over again. Each year it is going to thers the national interest. The House bill, let me start there. creep down, every year capturing more For the moment, we know only the The first tax is a 5.4-percent surtax on and more people in the middle class. outlines of such an agreement. What is what are referred to as the high-income The second tax I wish to talk about certain is that after December 5, no le- earners. It raises taxes by about $460 today is the 8-percent penalty on em- gally binding treaty will exist that pro- billion. This is a gigantic tax increase. ployers who don’t offer insurance. vides for onsite inspections. But supporters of it make the case Eight percent of their payroll or pay, My bill is not a substitute for a trea- that, again, this is the rich people, cre- at least 72.5 percent of workers’ pre- ty, but without it, it is unclear how we ating the feeling that somehow you miums, that is what they are faced can permit and by extension carry out don’t have to worry about that if you with. Again, no matter how one sugar- any inspection activities. This might are not making a lot of money. But coats it, this is going to cut into not appear troubling to some, but al- what they don’t want to acknowledge wages. For those who pay the 8 per- lowing a break in verification is not in is that this is a tax on business and cent, that is going to total $135 billion the interests of the United States or small businesses. In fact, I would sug- more in taxes taken out of our econ- Russia. Such a break could amplify gest if you wanted to be fair in this de- omy. suspicions or even complicate the con- bate, you wouldn’t call it the million- The Wall Street Journal, again, I clusion of the START successor agree- aire tax; you would call it by the prop- think said it very well recently: ment. er name—the small business tax. Such ‘‘play or pay’’ taxes always become I believe it is incumbent upon the The Joint Committee on Taxation re- ‘‘pay or pay’’ and will rise over time, with United States and Russia to maintain leased a letter yesterday. It found that severe consequences for hiring, job creation, mutual confidence and preserve a prov- one-third of the tax—one-third of the and ultimately growth. en verification regime between Decem- tax—will be from business income. The I look over there at the House and ber 5 and the entry into force of a new Wall Street Journal has said this re- they sure seem very determined to agreement. If we are to do so, the legal cently, and I am quoting: throttle the backbone of our econ- tools that are contained in the bill I The burden will mostly fall on small busi- omy—our small businesses. I will just have introduced are essential. There is nesses that have organized as Subchapter S tell them as somebody who has rep- nothing in my bill that requires the ad- or limited liability corporations, since the resented my great State as a Governor ministration to admit Russian inspec- truly wealthy won’t have any difficulty shel- tering their incomes. and now as a Senator: You take those tion teams in the absence of reci- jobs out of small communities and you procity by Moscow, nor does the bill In the United States, there are over 6 will bring those small communities to expand verification beyond those al- million small businesses. Last count, their knees. ready conducted under the START pro- the last available information I could I pay attention to the wisdom con- tocol. The authorities in the bill would get my hands on, there were over 41,000 veyed back home. That is why we do terminate on June 5, 2010, or on the small employers in my home State of our townhall meetings and we walk in date of entry into force of a successor Nebraska. I have walked through many parades and we do everything we can to agreement to the START treaty. of these small businesses. I have visited listen to the people. We must ensure that needed verifica- with the people who are trying to keep A constituent from Pierce, NE, a tion tools will exist in the period be- these businesses going, and they are small community, a great community tween START’s expiration and entry facing challenges to make the payroll. in our State, said it very well: into force of a new treaty. I am hopeful Many of these small businesses exist that Congress will take action on S. in small communities in my State, and With my husband self-employed, around 30 percent of our income is required to pay in- 2727 in the near future and that both their employees are not just faceless come taxes. If these income taxes weren’t so the Obama administration and the people, people without names. These high, we would be able to afford and choose Russian Government will take steps to are people with whom they went to our own insurance coverage. More taxes for maintain inspection until ratification high school. These are people with public health care is not the answer.

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.015 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11143 I wish to reference the Senate bill Mr. ALEXANDER. Thank you, Mr. Democratic health care proposals and and a third tax—the penalty tax on in- President. Will you let me know when their proposed Medicare cuts. dividuals without insurance. It pro- 3 minutes remain? Here is the New York Times on Sep- vides that if you don’t have a govern- The PRESIDING OFFICER. The tember 24, an article by Robert Pear, ment-approved health plan, you will Chair will so notify. who writes about this subject regu- pay a penalty of $750 for singles and Mr. ALEXANDER. I thank the Presi- larly. It says: $1,500 for married couples. The Con- dent. Mr. President, we have a lot of un- To help offset the cost of covering the un- gressional Budget Office has analyzed insured, the Senate and House bills would usual things happening in the Senate, this penalty. Almost half of those pay- squeeze roughly $400 billion to $500 billion the Congress, and the world today, but ing the penalty tax would be between out of the projected growth in Medicare over apparently we are about to be pre- 100 and 300 percent of the poverty level. 10 years. sented with a rare opportunity that In some States, these good folks qual- That is the New York Times, Mr. very few Senators ever have a chance ify for government assistance pro- President. to vote on. The Democratic congres- grams. So we are going to tax them or From the sanfranciscogate.com, this sional health care bill will present Sen- penalize them and then give them sub- is an Associated Press article of Sep- ators—it is still being written from be- sidies. Boy, only here could somebody tember 22: hind closed doors, but from what we make an argument that is rational. It Congress’ chief budget officer on Tuesday can tell from the other bills—with an makes no sense to the people back contradicted President Obama’s oft-stated opportunity to vote for one-half tril- home. claim that seniors wouldn’t see their Medi- Listen to this: A family of four earn- lion dollars in Medicare cuts and $900 care benefits cut under a health care over- ing between $23,000 and $68,000 in 2013 billion-plus in new taxes at the same haul. time. It is very rare that any Senator The head of the nonpartisan Congressional would be saddled with the new tax. We Budget Office, Douglas Elmendorf, told sen- are literally talking about taxing not has a chance to vote for Medicare cuts that big and new taxes that big all at ators that seniors in Medicare’s managed just the middle class but even below care plans could see reduced benefits under a once. bill in the Finance Committee. that level. It is not an opportunity that many, if I remember a pledge being made. The bill would cut payment to Medicare any, Republicans will take advantage Last year, President Obama said: Advantage plans by more than $100 billion of, but that is the proposal that is com- No one making less than $250,000 a year over 10 years. Elmendorf said the changes ‘‘would reduce will see any form of tax increase. ing. It caused my colleague from Ten- nessee to say on the Senate floor yes- the extra benefits that would be made avail- Yet a family of four earning $25,000 terday that if Republicans were to pro- able to beneficiaries through Medicare Ad- will be hit with a tax within a few pose the same thing—a one-half trillion vantage plans.’’ years. Boy, that is a long way away— dollars cut in Medicare, a 60-percent in- Then there is the CBO, which in its $25,000 from $250,000. crease in premium costs, which is the October 7 letter to Senator BAUCUS Nebraskans believe they can make estimated increase to Tennesseans who talked about in detail the proposed better decisions about their own health have insurance premiums, according to Medicare cuts. Then there is the Asso- care than the Federal Government. Let Senator CORKER, plus taxes of $900 bil- ciated Press article of July 30, 2009, me repeat that. Nebraskans believe lion when fully implemented, it which says: they can make better decisions about wouldn’t get a single Democratic vote. Democrats are pushing for Medicare cuts their own health care for themselves I think Senator CORKER is probably on a scale not seen in years to underwrite and their families than can the Federal right about that. health care for all. Many seniors now cov- Government. I stand here today to tell Whenever we say this, this brings a ered under the program don’t like that one my colleagues I agree with them. deep concern from the other side of the bit. A constituent from Kearney, NE, aisle. The Senator from Ohio came to That is not the Republican National said: the Senate floor and engaged in a col- Committee. That is the Associated Is there anything I can do to take a stand loquy with the assistant Democratic Press reporting on what the bills say. against what I consider a huge tax burden It also says: and a loss of freedoms? leader yesterday after I left the floor and said: The House bill—the congressional proposal The individual mandate—just one Imagine this, the Republican Senator from that has advanced the most—would reduce more example of government intrusion Tennessee is saying that Democrats are projected increases in Medicare payments to into people’s lives. about to cut Medicare. Why would they say providers by more than $500 billion over 10 I have covered three of the tax hikes that? It makes me incredulous to hear the years, a gross cut of about 7 percent over the pervasive in the bills, but it is the tip Senator say that Democrats are going to cut period. But the legislation would also plow of the iceberg. There are new taxes, Medicare and we are going to use Medicare nearly $300 billion back into the program, penalties, and fees as far as the eye can cuts to pay for health care reform. mainly to sweeten payments to doctors. see. The only reason we and everybody That still leaves a net cut of more than $200 billion— There is a very fitting quote from else who reads their bill is saying that John Marshall. He said: ‘‘The power to is because it is true. The proposal is to Says the Associated Press, describing tax is the power to destroy.’’ The power cut grandma’s Medicare and spend it the Democratic health care plan— to tax is the power to destroy. on their proposal, to cut nearly one- which would be used to offset new Federal As the health care debate continues, half trillion dollars in Medicare spend- subsidies for workers and their families now all of us should remember Chief Justice ing and not spend it on making Medi- lacking health insurance. Marshall’s wise words. Make no mis- care solvent. In other words, we are taking money take about it. These various bills raise We know the Medicare trustees have from Medicare and spending it on taxes and put burdens upon the Amer- said the program is going to go broke someone else. ican people at a breathtaking pace. in 2015 to 2017, yet we are going to The Senator from Kansas said it is Don’t be fooled that this is all about spend that money on a new govern- like writing a check on an overdrawn taxing the rich people and the million- ment program into which many Ameri- bank account to buy a big new car. aires. This is really about taxing and cans who now have employer-based in- That is a pretty good description. taking from the American people, and surance will find their way. It is not I have a couple more. This is the Los Americans are seeing the truth. Republicans who are scaring seniors Angeles Times, which is not a Repub- Thank you, Mr. President. I yield the about Medicare cuts; it is the Demo- lican publication. The headline on June floor. cratic health care bills that are scaring 14 was, ‘‘Obama to Outline $313 Billion The PRESIDING OFFICER. The Sen- seniors about Medicare cuts. They have in Medicare, Medicaid Spending Cuts.’’ ator from Tennessee. a right to be concerned. That is what Democratic Senators Mr. ALEXANDER. Mr. President, Just in case anybody who might be have always called such proposals, that how much time remains on the Repub- listening thinks we are making this up is what the Los Angeles Times calls lican side? on the Republican side of the aisle, I the proposals, and that is what we call The PRESIDING OFFICER. There is brought with me a few articles from it because that is what they are. The 141⁄2 minutes remaining. reputable sources that describe the article says:

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.018 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11144 CONGRESSIONAL RECORD — SENATE November 5, 2009 Reporting from Washington—Under pres- ers and importers of brand-named The PRESIDING OFFICER. The ma- sure to pay for his ambitious reshaping of drugs, medical device manufacturers— jority has 21⁄2 minutes of morning busi- the nation’s healthcare system, President these will all be passed on to con- ness. The minority’s time has expired. Obama today will outline $313 billion in sumers, according to the Joint Com- Medicare and Medicaid spending cuts over f mittee on Taxation and CBO. The Fi- the next decade to help cover the cost of ex- HEALTH CARE panding coverage to tens of millions of nance proposal raises the threshold for America’s insured. deducting catastrophic medical ex- Ms. MIKULSKI. Mr. President, I penses, but eighty-seven percent of the would like to speak on health care. I This is from an October 22 NPR re- note with interest the remarks of the port: 5.1 million taxpayers who claim this deduction earn less than $100,000 a Senator from Tennessee. I think there Over a decade, the committee would cut year. They are not millionaires. They is former bipartisan agreement, but ev- $117 billion from the Medicare Advantage erybody says let’s go through this step plans. earn less than $100,000 a year. In fact, data from the Joint Committee on Tax- by step. The Congress has had an ex- This is from an article in the Wash- ation and the former Director of the tensive health care debate. We in the ington Post on October 23: CBO shows, by 2019, 89 percent of the HELP Committee have had extensive $500 billion in cuts to Medicare over the taxes—these new taxes—will be paid by hearings, and we had a markup of our next decade. taxpayers earning less than $200,000 a bill that lasted more than 3 weeks and That is the Washington Post. year. had over 350 amendments, of which 75 This is the Wall Street Journal on The 2,000-page proposal from the percent were offered by the other side. September 8: House of Representatives would raise We offered many of those amendments. Other sources of funding for the Finance taxes by $729 million. There is a tax on When all was said and done, they voted Committee plan include cuts to Medicare. millionaires, but we know what hap- no. So we don’t know when good would Mr. President, the question is not pens to that when it is not indexed. be good enough. It is one thing to dis- whether there are going to be cuts to Forty years ago, we were worried about agree on policy; it is another thing to Medicare; that is the proposal. Maybe 155 high-income Americans who were want to do a filibuster by proxy, which it is a good idea; maybe it is a bad idea. avoiding taxes, so the Congress passed is what we encountered in the commit- But we don’t need to come to the Sen- the millionaires tax—the alternative tees with the increased volume of ate floor and say that something that minimum tax. Today, if we hadn’t amendments. We need health care reform, and we is, is not. patched it, as we say, in 2009, that tax need it now. We need it in a way that The proposal in these large expansive would have raised taxes on 28.3 million accomplishes the goal of saving lives, health care plans—the 2,000-page bill Americans. The millionaires tax will improving lives and, at the same time, coming from the House soon—is that it hit you if you keep earning money. I have said quite a bit about Medi- controlling costs. is basically half financed by cuts in No. 1, I think we all agree, we need to care cuts and taxes. I want to conclude Medicare—not to make the program save and stabilize Medicare. The other my remarks by quickly saying what solvent—a program which has $37 tril- thing we need to do is end the punitive Republicans think should be done. We lion in unfunded liabilities over the practices of insurance companies. next 75 years—but to spend it on a new believe the American people do not I am going to tell you a bone-chilling government program. Those are the want this 2,000-page bill that is headed story. I held a hearing in the HELP facts. That is why it is important that our way. We want, instead, to start Committee on how health insurance in the American people have an oppor- over in the right direction, which the private sector treats women. First, tunity to read the bill and know what means reducing costs and re-earning we pay more and get less benefits. But it costs and know how it affects them. the trust of the American people by re- also what happened and what emerged The Republican leader and Senator ducing the cost of health care step by is that a woman who applied for health JOHANNS have talked about taxes in the step. care who had a C-section was denied by bill. Rarely does a Senator have an op- Specifically, we would start with the a Minnesota company unless she got a portunity to vote on so many Medicare small business health care plans. That sterilization. cuts and so many new taxes, as we ap- is just 88 pages that would lower pre- Did you hear what I said? An insur- parently will have when this bill comes miums, according to the CBO. It could ance company told an American to us. cover up to 1 million new small busi- woman, to get health insurance, she The taxes include a tax on individ- ness employees, and it would reduce had to have a sterilization. Is this fas- uals who don’t buy government-ap- spending on Medicaid. Then we could cist China, fascist Germany? Is this proved health insurance. The Joint take a step to encourage competition Communist China? This is the United Committee on Taxation, our joint com- by allowing people to buy health insur- States of America. We were outraged. mittee, and the CBO estimate that at ance across State lines, and we can I have been in touch with this insur- least 71 percent of that penalty, that take measures to stop junk lawsuits ance company. I got lipservice prom- against doctors. tax, will hit people earning less than ises, blow-off letters from their law- More health information technology $250,000. So it is not just taxes on rich yers, and stuff like that. I am ready could be a bipartisan proposal. We can people. When you impose, as the Sen- with an amendment on the floor. We have more health exchanges. The num- have to get rid of these punitive prac- ate Finance Committee bill would, $900 ber of pages are very small. Waste, billion-plus in new taxes, when fully tices of denying health care on the fraud, and abuse are out of control—$1 basis of a previous condition. And then, implemented, on a whole variety of out of every $10 spent in Medicaid. Our people and businesses that provide not only doing that because of a C-sec- proposal would offer a choice—a couple tion, but then to engage in a coercive health care, what do they do? hundred pages, not 2,000—reducing pre- way to force a sterilization. According to the Director of the miums and debt and making Medicare So you think I want reform? You bet- CBO, most of those taxes are passed on solvent instead of cutting it, with no ter believe I do. And I think I speak for to the consumers. Who are the con- tax increases instead of higher taxes, the majority of the country who feels sumers? The people who are paying and reducing costs. this way and the good men, such as the health care premiums—250 million That is the kind of health care plan Presiding Officer, who will support us Americans. What does that mean? That Republicans have offered and the kind on it. I will have an amendment to deal would mean that instead of reducing we believe Americans will want. We with this if the insurance company the cost of your health care premium, hope over time that will earn bipar- continues to blow me off. we are more likely to increase it. tisan support. Mr. President, I yield the floor. I ask, Why are we passing a health I yield the floor. f care reform bill that increases the cost The PRESIDING OFFICER. The Sen- of your health care premiums, raises ator from Maryland is recognized. CONCLUSION OF MORNING your taxes, and cuts Medicare to help Ms. MIKULSKI. Mr. President, how BUSINESS pay for that? There are increased taxes much time is remaining on both sides The PRESIDING OFFICER. Morning on health care providers, manufactur- for morning business? business is closed.

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.019 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11145 COMMERCE, JUSTICE, SCIENCE, want to dither. We want to proceed, de- uled to be closed and, from a practical AND RELATED AGENCIES APPRO- bate germane amendments, and bring standpoint, until it is closed, if that PRIATIONS ACT, 2010—Resumed our bill to a prompt closure. ever does happen. We have the courts The PRESIDING OFFICER. Under Mr. President, I reserve the remain- at Guantanamo Bay equipped to handle the previous order, the motion to pro- der of my time. and try these individuals before mili- ceed to the motion to reconsider the The PRESIDING OFFICER. The Sen- tary tribunals. Those tribunals have vote by which cloture was not invoked ator from Georgia. been established, just reauthorized. We on the committee-reported substitute Mr. CHAMBLISS. Mr. President, I are capable of handling the trials at to H.R. 2847 is agreed to, and the mo- ask unanimous consent that when the Guantanamo Bay, and that is where tion to reconsider that vote is agreed Senate resumes consideration of H.R. they should take place. to. 2847, that it be in order for me to offer I want to make sure the time I uti- Under the previous order, there will amendment No. 2676, which is filed at lized is charged against Senator be 40 minutes of debate equally divided the desk. VITTER, which has been agreed to by and controlled as follows: 20 minutes The PRESIDING OFFICER. Is there the Senator. under the control of the Senator from objection? The PRESIDING OFFICER. It will be Louisiana and 20 minutes total under Ms. MIKULSKI. I object, Mr. Presi- so charged. the control of the Senator from Mary- dent. The intention is to vote on clo- The Senator from South Carolina. ture and dispose of pending germane land, Ms. MIKULSKI, and the Senator Mr. DEMINT. Mr. President, I appre- amendments. The Senator’s amend- from Alabama, Mr. SHELBY. ciate the Senator from Georgia at- Ms. MIKULSKI. Mr. President, very ment is not pending, so I do object, tempting to get a very important shortly, we will vote on cloture on the with all courtesy because of my respect amendment on the floor. I wish to also CJS bill. As the chairperson of the for the Senator. propound a unanimous-consent request committee, I wish to say that we want The PRESIDING OFFICER. Objec- for a related amendment, related to the to finish this today so we can move for- tion is heard. terrorists in Guantanamo Bay. ward with the blessing and the business Mr. CHAMBLISS. Mr. President, I This week, I was advised by the offi- of funding—Mr. President, I have to obviously am very disappointed to see cials at the Air Force and Navy base in yield the floor a moment. I suggest the my colleagues on the other side of the Charleston—— absence of a quorum. aisle object to my amendment. It is a Ms. MIKULSKI. Will the Senator The PRESIDING OFFICER. The pretty simple, straightforward amend- yield for a question? clerk will call the roll. ment. Mr. DEMINT. I will in a second. The bill clerk proceeded to call the We have voted several different times Yes, I will yield. roll. when appropriations bills have been on Ms. MIKULSKI. Is the Senator offer- Ms. MIKULSKI. Mr. President, I ask the Senate floor over the last couple of ing an amendment or giving a speech unanimous consent that the order for weeks, wherein the folks on the other about the desire to offer an amend- the quorum call be rescinded. side of the aisle insist on allowing the ment? The PRESIDING OFFICER. Without transfer of prisoners from Guantanamo Mr. DEMINT. Mr. President, I desire objection, it is so ordered. Bay to the United States for trial. My to offer an amendment, and I will pro- Ms. MIKULSKI. Mr. President, re- amendment prohibits that. I simply pound a unanimous-consent request to claiming my time as the manager of think it is not appropriate to bring allow my amendment to be considered the bill, I wish to bring to my col- battlefield combatants into article III postcloture. I have a request. I will get leagues’ attention that at 12:25 p.m. trials inside the United States for any to the request in a moment. I wish to today, we are going to vote on cloture number of procedural reasons relative give a few seconds of background. of the Commerce-Justice-Science ap- to the treatment of Guantanamo Bay We know this is not an idle threat be- propriations bill. We wish to finish this prisoners within our Federal courts. cause inquiries have been made in bill today. When I say ‘‘we,’’ I mean But even beyond that, the potential for Charleston for moving detainees from Senator SHELBY, my ranking member, the release of those enemy combatants, Guantanamo Bay to minimum security and myself. once they arrive on U.S. soil, certainly brigs in Charleston. This bill is the result of a rigorous bi- is increased. I ask unanimous consent that when partisan effort to fund the Department This is not the way we need to be the Senate resumes consideration of of Justice, including the FBI and DEA, treating enemy combatants. Those H.R. 2847, it be in order for me to offer the Commerce Department, and major men who are at Gitmo are the meanest, an amendment preventing the transfer science agencies that propel our coun- nastiest killers in the world. Every sin- of known terrorists at Guantanamo to try in the area of innovation and tech- gle one of them wakes up every day U.S. soil. nology development, such as the Na- thinking of ways they can kill and The PRESIDING OFFICER. Is there tional Science Foundation and the Na- harm Americans, both our soldiers as objection? tional Space Agency. well as individuals. Some of them were Ms. MIKULSKI. Mr. President, I ob- We want the Senate to be able to deal involved in the planning and the car- ject to the amendment. The intention with this and then move on to other rying out of the September 11 attacks. is to vote on cloture and dispose of business. Others were arrested on the battlefield pending germane amendments. The After the cloture vote, it is our in- in Iraq and are at Guantanamo. We are Senator’s amendment is not pending, tention to dispose of any pending not equipped nor have we ever in our so I object. amendments that are germane to the history dealt with trials in article III The PRESIDING OFFICER. Objec- bill. This bill has been public since courts of any enemy combatant ar- tion is heard. June. It has been on the floor already rested on the battlefield. The FBI has Mr. DEMINT. Mr. President, this for 4 days and over 20 hours. Senators not investigated cases prior to arrest. amendment has been filed as a second have had ample time to draft and call These folks were not given Miranda degree. It makes no sense at this point up their amendments. Senator SHELBY warnings because our soldiers captured for us to not have a short debate about and I hope to be able to move through these individuals with AK–47s in their moving the most dangerous people in the amendments in a well-paced but hands with which they were shooting the world to American soil. It is appro- brisk fashion. at our men. These are not the types of priate for us to allow at least a small We hope our colleagues will cooper- individuals that our criminal courts amount of time, as we rush these bills ate and have any decisions relating to are designed to handle or can feasibly through, to talk about the issues that the funding of these important agen- handle. are important to Americans. cies be decided on robust debate and I am disappointed we are not going to I am obviously disappointed that we the merits of the argument rather than get a vote on this amendment. I will will not allow the discussion of my delay and dither, delay and dither, continue to raise this issue as long as amendment or the amendment of the delay-and-dither tactics of the other we possibly can between now and the Senator from Georgia or others who side. We don’t want to delay. We don’t time that Guantanamo Bay is sched- are trying to get this issue in front of

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.021 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11146 CONGRESSIONAL RECORD — SENATE November 5, 2009 this body for discussion. It does not it is a very significant and important press, including from my distinguished mean you cannot vote it down. But not issue that we deal with the immigra- colleague from Louisiana, Senator to allow a debate is certainly discour- tion problem and the issue of illegal LANDRIEU, who has indicated that what aging at this point. immigration. And certainly it is useful I just laid out in terms of the impact I appreciate Senator VITTER giving to know, if we are going to spend $14 on reapportionment isn’t true. Well, I us a few minutes. billion to do a census, who within that think every expert who has looked at I yield the floor. number are citizens and who within this, every demographer who has The PRESIDING OFFICER (Mr. that number are noncitizens. looked at this agrees with what I just BURRIS). The Senator from Louisiana. Secondly, and even more important, said, that this factor is the difference AMENDMENT NO. 2644 the top thing the census is used for, the between Louisiana losing a House seat Mr. VITTER. Mr. President, I rise first thing the census is used for is to or not and these other States losing a again in strong support of my amend- reapportion the U.S. House of Rep- House seat or not. ment No. 2644 to the Commerce-Jus- resentatives, to determine after each I would point out three experts, but tice-Science appropriations bill. It is census is done how many U.S. House there are many others. Dr. Elliott coauthored by the distinguished Sen- Members each State gets. The current Stonecipher, demographer from Lou- ator BENNETT from Utah, and it is plan is to count everybody and not ask isiana, has been leading the charge on strongly supported by many other whether a person is a citizen or a non- this issue. I compliment him for his te- Members. citizen. So the current plan is to re- nacity and his hard work. But there are There has been a lot said about this apportion House seats using that over- others as well. In an October 27, 2009, amendment, most of it inaccurate, so all number—using both citizens and New York Times article, my numbers let me step back and start with what noncitizens in the mix. I think that is were again confirmed by Andrew Bev- the amendment says. It is pretty sim- wrong. I think that is contrary to the erage, professor of sociology at Queens ple, pretty straightforward when you whole intent of the Constitution and College, New York. He did an inde- actually read it. the establishment of Congress as a pendent analysis and said exactly the The amendment simply requires the democratic institution to represent same thing, that, yes, this issue of census that we are set to take next citizens. I believe only citizens should whether we use citizens and nonciti- year to ask whether the respondent is a be in that particular calculation for zens in reapportionment does make citizen. The amendment does not do the reapportionment of the U.S. House that huge difference for those States. anything but that. It simply says: The of Representatives. And last week, my analysis and my census should ask folks if they are citi- This is a significant issue for many numbers were confirmed yet again by zens. It is very straightforward. States, including my State of Lou- an independent and well-respected de- We should count every person in the isiana. It has a very big and direct and mographic expert—again in my State United States. The census should in- concrete impact on Louisiana and cer- of Louisiana—Greg Rigamer with GCR clude everyone, but in so doing, I am tain other States. It comes down to and Associates. And that is very sig- encouraging, and my amendment this: If the census is done next year nificant. would require, that the census ask if an and reapportionment happens using ev- Secondly, I wish to briefly address individual is a citizen. erybody—citizens and noncitizens— this cost issue. It is interesting that in Compared to that statement of pol- Louisiana is going to lose a seat in the this debate, the other side has been icy, that simple goal, it is absolutely U.S. House of Representatives. We will flailing around for an argument mind-boggling to me some of the state- lose one-seventh of our standing there, against my amendment, though nobody ments that have been made about it. our representation there, our clout. If has argued—or nobody whom I have First, the distinguished majority lead- the census was done and only the num- heard—that reapportionment should be er Senator REID admitted in several ber of citizens was used to determine done counting citizens and noncitizens, conference calls and statements to the reapportionment, Louisiana would not and that is more consistent with the press that he is trying to invoke clo- lose that House seat. We would retain notion of Congress being the represent- ture on this bill specifically to block seven seats. So that has a very big and ative body of citizens of the United out any vote, any discussion of the direct impact on my State of Lou- States. So folks on the other side are Vitter amendment. isiana. wildly flailing around for some argu- Secondly, in saying that, the major- I would also point out that it will ment, and the one they have come ity leader called my amendment ‘‘anti- have the same impact in seven other across is cost: Oh my goodness, the immigrant.’’ I honestly don’t see how States: North Carolina, South Caro- census would have to incur additional any reasonable person can say that lina, Oregon, Pennsylvania, Mis- cost to add this to the form. when we take a census and we simply sissippi, Michigan, Iowa, and Indiana— Well, it is certainly true that it ask whether the respondent is a citizen excuse me, eight other States. So a would cost some more. I can’t give you or a noncitizen—and plenty of nonciti- total of nine States are in this posi- a precise dollar figure, but it would zens are here legally—that is anti-im- tion, Louisiana being one of them. So cost something more. It is certainly migrant. it is a very significant issue that di- true it would have been better for this Third, and perhaps most out- rectly impacts many citizens and many to have been caught and debated ear- rageously, Senator REID said my effort States. lier rather than later. Unfortunately, is akin to the activities in the 1950s So I urge all of my colleagues to sup- the committee of jurisdiction, the and 1960s to intimidate Black citizens port getting a vote on the Vitter Committee on Homeland Security and and try to get them to stay away from amendment by denying cloture on the Governmental Affairs, which reviews voting in the voting booth. I take per- Commerce-Justice-Science appropria- the census forms, did not bring this sonal offense to that. I think there is tions bill. However you may vote, this issue up in a significant way. I agree no reasonable comparison, and I ask is an important issue, and however you with that. I don’t agree with this wild Senator REID to apologize to me for may vote, we need a full debate and a figure that it would cost $1 billion. that outrageous statement on the Sen- vote. In particular, I would urge my Let me point out a couple of things. ate floor. colleagues from North Carolina, South First of all, the cost of the census has As I said, what the amendment does Carolina, Oregon, Pennsylvania, Mis- ballooned from the last census. The is simple. It says that the census sissippi, Michigan, Iowa, Indiana, and, last census was $3.4 billion; this census should ask whether a respondent is a of course, Louisiana to vote no on clo- is going to be $14 billion. So the first citizen or not. Why is that important? ture so we can examine this very sig- thing I would say, quite honestly, is Well, for at least two reasons. First of nificant issue and so we can have a that it is pretty ironic for an agency all, the census is an enormously impor- vote on the Vitter-Bennett amend- that has had a budget balloon from $3.4 tant tool we in Congress are supposed ment. billion in the last census to $14 billion to use—information and statistics—as There has been discussion in at least this census to say they can’t squeeze in we tackle any number of significant two areas that I wish to quickly ad- that question, that they can’t do it issues and Federal programs. Certainly dress. One is some discussion in the right for $14 billion.

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.022 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11147 Secondly, quite frankly, the Census With that, Mr. President, I yield the Let’s talk about the consequences. It Bureau has a horrendous record in floor. will delay the census so we could essen- terms of cost estimates. When they The PRESIDING OFFICER. The Sen- tially not meet our constitutional threw out this very large, very round ator from Maryland. mandate of having the census done in a figure of it costing an additional $1 bil- Ms. MIKULSKI. Mr. President, I ob- timely way. No. 2, it will cost, if we did lion, I called them and said: OK, can ject to the Senator’s amendment, and I not do it, another $1 billion and wreak, you give us the rationale for that, the object to the arguments he has made. again, administrative havoc. background on that cost estimate? First of all, we adopt cloture so that Let’s go into this whole claim about After 3 weeks of asking for the data be- we can proceed on amendments that citizens and noncitizens. The census al- hind that $1 billion claim, they sent us are germane. Second, in terms of the ready tracks the number of citizens one piece of paper with 10 bullet points inaccurate accusation that we are and noncitzens through a separate sur- on it, all very general statements and plowing ahead and forging forward, we vey. We could talk about what this will suggestions, with a final bottom line were on this bill for 4 days, with over 20 mean in reapportionment and so on. being a nice even round figure of $1 bil- hours of debate. There was plenty of Those questions are for debates that lie time to talk about this amendment, lion—very unimpressive, in my opin- with the Judiciary Committee. ion, in terms of any precise accounting and I was here and ready to engage. We are not going to vote up or down The other thing is that there have for $1 billion. on the Vitter amendment, we are going been other times—since my bill was I would also draw everyone’s atten- to vote on cloture. Why is cloture im- pulled from the floor—called morning tion to an October 7, 2009, GAO report portant? So we do not have distracting business, when a Senator could talk for delivered to the Subcommittee on Fed- amendments that are better offered on any length of time on any topic he or eral Financial Management, Govern- the appropriate substance of the bill. ment Information, Federal Services, she wants. Yet silence, silence, silence. So don’t use the cloture vote as a way We have to fund the State, Commerce, and International Security. It was Justice, Science agencies. The FBI about the census. In that report, the to say there wasn’t enough time. Now let’s go to being asleep at the needs us to fund this agency. The Mar- GAO said: shals Service needs us to fund this Given the Bureau’s past difficulties in de- switch. Two accusations were made— the ballooning of the census cost. Well, agency. Federal law enforcement, our veloping credible and accurate cost esti- Federal prisons—you might not like mates, we are concerned about the reli- one of the reasons and the main reason ability of the figures that were used to sup- the cost is exploding is that the party whom the Obama administration puts port the 2010 budget. in power prior to 2008 was asleep at the in Federal prisons, but we need Federal In another example, the Office of the switch with the census. They com- prisons. So we need to pass cloture so Inspector General filed a report in 2008 pletely dropped the ball on the new we can dispose of germane amendments about the census. In that report, the of- technology for being able to go door to and move democracy forward. fice inspected a particular cost esti- door to get a count. It turned into a big Mr. President, how much time do I mate from the Census Bureau that techno-boondoggle. It finally took the have? came up to $494 million for a certain Secretary of Commerce to uncover that The PRESIDING OFFICER. The Sen- 1 portion of their activity, and they said: under that rock was another rock, and ator from Maryland has 7 ⁄2 minutes re- We think this is a wildly inflated fig- under that rock were a lot of buckets maining. ure, and we can immediately identify of malfunctioning microchips. So we Ms. MIKULSKI. I wish to reserve my cost savings that bring it down to $348 had to bail out Secretary Gutierrez and time. Did the Senator from Kansas million—a significant savings of al- the census because of the techno-boon- have a question? most $150 million. When the Census Bu- doggle because the other party was Mr. ROBERTS. I would be delighted reau was confronted with that, they asleep at the switch in maintaining to respond to my good friend from had to agree and they had to adopt the strict quality controls. Maryland. I am in a position to yield lower figure. Now let’s go to the asking of another back all the minority’s time. We have So, Mr. President, the bottom line is question. The Senator from Louisiana no more speakers. simple: We do a census every 10 years. says he wants to stand up for his State. Ms. MIKULSKI. Mr. President, we It is a very important event. We need I agree, we have to stand up for the are not prepared to yield back any to do it right, and to do it right, we States, but the time to stand up was in time. I reserve the remainder of my need a full debate and a vote on this April of 2007. Did you know that the time. central question embodied by the Census is mandated by law to submit Mr. ROBERTS. Will the distin- Vitter-Bennett amendment. So I urge the questionnaires to Congress—and guished Senator yield? all of my colleagues to vote no on clo- they did? So for 1 year, from April 1, Ms. MIKULSKI. Certainly. ture of the Commerce-Justice-Science 2007, to the close of the review by Con- Mr. ROBERTS. Today, the U.S. Ma- appropriations bill to demand a reason- gress 1 year later, April 2008, there was rine Corps is celebrating its birthday. able debate and vote on the Vitter-Ben- plenty of time to say: We don’t like the As I speak, the Commandant of the Ma- nett amendment. This is an important questionnaire; we want to add a citi- rine Corps, the Drum and Bugle Corps question, and we simply shouldn’t zenship question. That was the time and various and assorted marines are forge ahead. Americans have a funda- and the place. When you are going to over in the Russell Building. I am to mental problem with not even asking stand up for your State, stand up at cut the cake, and I am getting into the citizenship question and therefore the right time to make a difference and deeper and deeper trouble if we delay forging ahead with a plan to reappor- not try to amend the law in a way that the ceremonies to the degree they tion the entire U.S. House of Rep- is going to create administrative could be delayed. If somebody wants to resentatives by putting noncitizens in havoc. talk, obviously, you have 7 minutes, the mix, when the whole notion of our We can debate the merits of the ques- but I appreciate any consideration you representative democracy and of Con- tion, but I am here as an appropriator might be able to give us. gress is to represent the citizens of the on the process. The Census Bureau did Ms. MIKULSKI. That is one heck of country. meet its statutory responsibility. It an argument, I respond to the Senator I urge my colleagues to support that submitted the questionnaire to the from Kansas. I have great admiration position, and I thank my colleagues Congress on April 1, 2007. It did not for the Marine Corps. If the Semper Fi who have done so thus so far. In par- come by stealth in the night, it was guys call and you need to cut the cake, ticular, I urge my colleagues from not written in invisible ink, it was I will certainly be willing to cooperate. North Carolina, South Carolina, Or- written in English here for all to see— Seriously, our congratulations to the egon, Pennsylvania, Mississippi, Michi- and also in other languages we could U.S. Marine Corps on their birthday. gan, Iowa, Indiana, and certainly Lou- test and use—to say: Do you, Congress, We value them for what they have done isiana to stand up for their States, to like this questionnaire? Do you have in their most recent conflicts and their stand up for their interests, to stand up any comments? For all those who want incredible history. They are truly Sem- for their clout and their representation to stand up, that was the time to do it per Fi. In the spirit of what I hope will in the U.S. House of Representatives. and the time to make a change. be the comity of the day, the civility of

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.023 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11148 CONGRESSIONAL RECORD — SENATE November 5, 2009 the day, we yield back our time in Risch Shelby Vitter ple in the past year who have died from Roberts Snowe Voinovich order to permit the vote. Sessions Thune Wicker a bacterial infection that comes out of Mr. ROBERTS. I tell the Senator raw oysters. But what has been discov- Semper Fi, and on behalf of the minor- NOT VOTING—1 ered is that the people had a pre- ity, I yield back all our time. McCain existing condition prior to eating the CLOTURE MOTION The PRESIDING OFFICER. On this oysters that made their immune sys- The PRESIDING OFFICER. All time vote, the yeas are 60, the nays are 39. tem wear down so they were much has expired. Under the previous order, Three-fifths of the Senators duly cho- more susceptible. In a sweeping admin- pursuant to rule XXII, the Chair lays sen and sworn having voted in the af- istrative executive branch decision try- before the Senate the pending cloture firmative, the motion is agreed to. ing to correct a problem, they are sud- motion, which the clerk will report. The clerk will report. denly proposing that they are going to The legislative clerk read as follows: The legislative clerk read as follows: stop the rest of America eating raw CLOTURE MOTION A bill (H.R. 2847) making appropriations oysters from the Gulf of Mexico. This for the Departments of Commerce, Justice, is like saying: If you have a food al- We, the undersigned Senators, in accord- and Science, and Related Agencies for the ance with the provisions of rule XXII of the lergy to peanuts, we are going to ban fiscal year ending September 30, 2010, and for you eating peanuts unless you cook Standing Rules of the Senate, hereby move other purposes. to bring to a close debate on the committee- them. reported substitute amendment to H.R. 2847, Pending: There is a thriving industry along the Departments of Commerce, Justice and Vitter/Bennett amendment No. 2644, to the coast of America, particularly the Science and Related Agencies Appropria- provide that none of the funds made avail- gulf coast, that has a delicacy known tions Act of Fiscal Year 2010. able in this act may be used for collection of as raw oysters that people enjoy. Apa- Harry Reid, Barbara A. Mikulski, Bar- census data that does not include a question lachicola oysters, the creme de la bara Boxer, Robert Menendez, Charles regarding status of United States citizen- E. Schumer, Patty Murray, Tom Har- ship. creme, are shipped all over the world. kin, Patrick J. Leahy, Roland W. Johanns amendment No. 2393, prohibiting And in some of the fanciest restaurants Burris, Mark Begich, Ben Nelson, Dan- the use of funds to fund the Association of you get Apalachicola oysters on the iel K. Inouye, Debbie Stabenow, Ber- Community Organizations for Reform Now half shell. The Food and Drug Adminis- nard Sanders, Dianne Feinstein, John (ACORN). tration is about to basically ban raw F. Kerry, Edward E. Kaufman. Levin/Coburn amendment No. 2627, to en- oysters from the Gulf of Mexico. Some The PRESIDING OFFICER. By unan- sure adequate resources for resolving thou- of us in the Senate are going to try not sands of offshore tax cases involving hidden imous consent, the mandatory quorum accounts at offshore financial institutions. to let it happen. call is waived. Durbin modified amendment No. 2647, to Senator LANDRIEU and I, who both The question is, Is it the sense of the require the Comptroller General to review have some interest in this because it Senate that debate on the committee- and audit Federal funds received by ACORN. affects our States, are filing a bill reported substitute amendment to H.R. Begich/Murkowski amendment No. 2646, to today that would utilize the appropria- 2847, the Departments of Commerce, allow tribes located inside certain boroughs tions means of not letting an appro- Justice, and Science, and Related in Alaska to receive Federal funds for their priation be enacted or used for the pur- activities. pose of the FDA implementing such a Agencies Appropriations Act of 2010 Ensign modified amendment No. 2648, to shall be brought to a close? provide additional funds for the State Crimi- rule that would basically ban raw oys- The yeas are mandatory under the nal Alien Assistance Program by reducing ters from the Gulf of Mexico. This is rule. corporate welfare programs. trying to kill a gnat with a sledge- The clerk will call the roll. Shelby/Feinstein amendment No. 2625, to hammer. If people were, because of a The legislative clerk called the roll. provide danger pay to Federal agents sta- preexisting condition, already subject Mr. KYL. The following Senator is tioned in dangerous foreign field offices. to coming down with an illness, there Leahy amendment No. 2642, to include non- is simply no sense. This is government necessarily absent: the Senator from profit and volunteer ground and air ambu- Arizona (Mr. MCCAIN). lance crew members and first responders for run amok. This is government out of The PRESIDING OFFICER. Are there certain benefits. control. This is government trying to any other Senators in the Chamber de- Graham amendment No. 2669, to prohibit kill a gnat with a sledgehammer. We siring to vote? the use of funds for the prosecution in article are not going to let it happen. The yeas and nays resulted—yeas 60, III courts of the United States of individuals I inform the Senate today that we nays 39, as follows: involved in the September 11, 2001, terrorist are filing this legislation. attacks. [Rollcall Vote No. 335 Leg.] I yield the floor and suggest the ab- Coburn amendment No. 2631, to redirect sence of a quorum. YEAS—60 funding of the National Science Foundation The PRESIDING OFFICER. The Akaka Franken Mikulski toward practical scientific research. Baucus Gillibrand Murray Coburn amendment No. 2632, to require clerk will call the roll. Bayh Hagan Nelson (NE) public disclosure of certain reports. The legislative clerk proceeded to Begich Harkin Nelson (FL) Coburn amendment No. 2667, to reduce call the roll. Bennet Inouye Pryor waste and abuse at the Department of Com- Mr. FRANKEN. I ask unanimous con- Bingaman Johnson Reed merce. Boxer Kaufman Reid sent that the order for the quorum call Brown Kerry Rockefeller The PRESIDING OFFICER. The Sen- be rescinded. Burris Kirk Sanders ator from Maryland. The PRESIDING OFFICER. Without Byrd Klobuchar Schumer objection, it is so ordered. Cantwell Kohl Shaheen Ms. MIKULSKI. I ask for the regular Cardin Landrieu Specter order. Mr. FRANKEN. I ask unanimous con- Carper Lautenberg Stabenow Mr. NELSON of Florida. I suggest the sent to speak as in morning business Casey Leahy Tester absence of a quorum. for up to 5 minutes and that the time Conrad Levin Udall (CO) Dodd Lieberman Udall (NM) The PRESIDING OFFICER. The be charged postcloture. Dorgan Lincoln Warner clerk will call the roll. The PRESIDING OFFICER. Without Durbin McCaskill Webb The legislative clerk proceeded to objection, it is so ordered. Feingold Menendez Whitehouse call the roll. (The remarks of Mr. FRANKEN per- Feinstein Merkley Wyden Mr. NELSON of Florida. I ask unani- taining to the introduction of S. 2734 NAYS—39 mous consent that the order for the are located in today’s RECORD under Alexander Collins Hatch quorum be rescinded. ‘‘Statements on Introduced Bills and Barrasso Corker Hutchison The PRESIDING OFFICER. Without Joint Resolutions.’’) Bennett Cornyn Inhofe Bond Crapo Isakson objection, it is so ordered. Mr. FRANKEN. Mr. President, I yield Brownback DeMint Johanns Mr. NELSON of Florida. Mr. Presi- the floor. Bunning Ensign Kyl dent, the Food and Drug Administra- I suggest the absence of a quorum. Burr Enzi LeMieux tion is proposing a rule that will basi- The PRESIDING OFFICER (Mr. Chambliss Graham Lugar Coburn Grassley McConnell cally eliminate raw oysters from the UDALL of New Mexico). The clerk will Cochran Gregg Murkowski Gulf of Mexico. There have been 15 peo- call the roll.

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.025 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11149 The legislative clerk proceeded to tine Commission Report. What they hope is that the President would give call the roll. are saying is that NASA should have $1 that direction: Figure out that archi- Mr. NELSON of Florida. Mr. Presi- billion extra over the President’s re- tecture and what are the steps along to dent, I ask unanimous consent that the quest in this fiscal year, the fiscal year the goal of getting to Mars. That would order for the quorum call be rescinded. that started October 1 known as fiscal be the second thing. The PRESIDING OFFICER. Without year 2010, and that the next fiscal year The third thing I hope the President objection, it is so ordered. it should have an additional $2 billion would do is give direction to NASA Mr. NELSON of Florida. Mr. Presi- over the President’s baseline rec- that since NASA is at this crossroads dent, I wish to be recognized as in ommendation in the budget, and that and since there is going to be disrup- morning business. thereafter, for the decade, it should tion in the workforce because there is The PRESIDING OFFICER. Without have an additional $3 billion per year not another human-rated rocket ready objection, it is so ordered. to fill out the decade so that NASA can after the space shuttle is shut down, Mr. NELSON of Florida. Mr. Presi- do what it does best. then you have to help the workforce. dent, it goes without saying that What does it do best? It explores the You have to move work around among NASA, the National Aeronautics and unknown. It explores the heavens. the NASA centers. You have to bring in Space Administration, is at a cross- What should that architecture be? I new kinds of research and develop- roads. It is an agency that has been don’t think our Senate committee can ment, of which NASA is a good exam- starved of funds, so it finds itself in the decide that. I don’t think the White ple of an R&D agency. position that its human-rated capable House can decide that, but the White It is through the direction of those vehicle, the space shuttle, will be ceas- House can give direction and our com- three things that I think we can get ing to fly after six more flights that mittee can give direction to NASA to NASA out of this fix it finds itself in at will continue to build the space station go figure it out: Figure out what that this crossroads point. Give the direc- and equip it. architecture is to do what NASA does tion, No. 1, for the additional funding This last flight will probably not be best, which is explore the heavens. that NASA needs; No. 2, direct NASA until the first quarter of 2011. But the That direction is certainly rec- to produce that architecture for explor- crossroads NASA is facing is because it ommended in the Augustine Commis- ing the heavens; and No. 3, take care of has been starved of funds over the sion Report as: Get out of low Earth the workforce in the meantime. Mr. President, I yield the floor and I course of the last half a dozen years, it orbit. Expand out into the cosmos, suggest the absence of a quorum. will not have a new human-rated vehi- with humans, to explore. The PRESIDING OFFICER. The cle to take our crews to the Inter- So what I am hoping the President of national Space Station. As a matter of clerk will call the roll. the United States, Barack Obama, is The assistant legislative clerk pro- fact, there is a great deal of consterna- going to do, now that he has received tion and conflict within NASA itself as ceeded to call the roll. the Augustine Commission Report—it Mr. KAUFMAN. Mr. President, I ask to what that vehicle should be. So the is my hope, it is my plea to the Presi- unanimous consent that the order for President, recognizing this earlier dent that he will take their rec- the quorum call be rescinded. when he appointed the new NASA Ad- ommendations seriously and that he The PRESIDING OFFICER. Without ministrator, GEN Charlie Bolden, set will do three things. First, even in the objection, it is so ordered. up a blue ribbon panel headed by Nor- midst of an economic recession, when Mr. KAUFMAN. Mr. President, I ask man Augustine. the budgets are very constrained and unanimous consent to speak as in They have now reported, and the tight, he will say that a part of Amer- morning business for up to 20 minutes. strong inference of their extensive and ica we are not going to give up is our The PRESIDING OFFICER. Without detailed report is that the vehicle that role as explorers and that he will com- objection, it is so ordered. was planned to fly but was obviously mit to recommend in his budgets the Mr. KAUFMAN. Mr. President, I rise going to be delayed because it hadn’t additional money as recommended by today because I am deeply concerned been developed quickly enough, the the Augustine Commission, and in this that just over 1 year since the collapse Ares I—by the way, the same vehicle first year, this fiscal year we are in of Lehman Brothers, a failure that that had a very successful test flight a now, fiscal year 2010, that is a lot easi- helped send us to the brink of depres- week ago—the strong inference of the er because you can get that additional sion, Wall Street is essentially un- Augustine Commission Report is that $1 billion out of the unused money in changed. Congress and the SEC have the Ares I would not even be ready to the stimulus bill. But it gets tougher not enacted any reform, and the Amer- fly astronauts until the year 2017. Its as we get on down the line. That is the ican people remain at risk of another sole purpose would be, according to the first thing. financial debacle—not just because the Augustine Commission Report, to get The second thing the President same practices that led to the crisis 14 astronauts to and from the space sta- should say to his administrator of months ago are continuing but from tion, and that would be, in the Augus- NASA, General Bolden, is convene the new practices that are leading to new tine report’s inference, too late. So guys and determine the architecture of problems and new systemic risks. they are recommending, or at least the how we should go about and what is the Last year, the financial world almost strong inference of the recommenda- mission we are going to explore. I can came to an end. Yet most of Wall tion in the Augustine report, is that tell my colleagues that this Senator Street then believed that no govern- commercial vehicles be developed to thinks the goal should be to go to ment review or additional regulation take cargo and crew to the Inter- Mars. It may not be to the surface of was necessary—right up until the mo- national Space Station. The Augustine Mars; it may be first to Phobos, one of ment government had to step in and Commission Report is suggesting the the moons of Mars; we would have to save it. space station certainly should be kept spend so much less energy in getting We had been assured that the system alive until the year 2020, but to now down to the surface of that moon be- was sound. We were assured that a host start to reap some of the science from cause of the gravitational pull instead of checks and balances were in place the experiments that just now the of going all the way to the surface of that would suffice. We were assured space station is getting equipped to be Mars. The science that we could gain that companies have to report their fi- able to do, in the nodule that is now from that would be extraordinary. nancial holdings with full disclosure designated as a national laboratory on Therefore, the President’s direction, and transparency. We were assured the International Space Station. I would hope, to NASA would be: Fig- that accountants have to verify those If what I have said sounds confusing, ure out the architecture. Does that assets. We were assured that due dili- indeed it is. That is why NASA is at a mean we are going to take the Ares I gence is conducted on every deal and crossroads. NASA is even more at a and make it into an Ares V? transaction. We were assured that crossroads because NASA can’t do any- Is that going to be the heavy lift ve- boards of directors have a fiduciary thing unless it gets some serious new hicle to get the hardware up to expand duty to undertake prudent risk man- additional money, and that is the out into the cosmos, be it to Phobos, be agement. We were sure that manage- strong recommendation of the Augus- it to an astroid, be it to the Moon? My ment wanted their companies to thrive

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.028 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11150 CONGRESSIONAL RECORD — SENATE November 5, 2009 over the long term. Most important, we they are not regulated, and when they latory body governing broker-dealers— were assured that regulatory bodies are not fully transparent, it can lead to gave a very thoughtful and candid and law enforcement agencies are in financial disaster. That is what hap- speech, which I applaud. In it, Mr. place to police the system. But those pened in the credit default swap mar- Ketchum admitted that we have inad- safeguards did not prevent the disaster. ket—rapid and dramatic change in the equate regulatory market surveillance. In the past 10 years or more, one of market, no regulation, and opaqueness, His candor was refreshing but also the most important safeguards—the which equaled disaster. This must ominous: regulators—had simply given up on the never happen again. There is much more to be done in the areas importance of regulation. We believed I look forward to working with my of front-running, manipulation, abusive and they believed that markets could colleagues to regulate the derivatives short selling, and just having a better under- police themselves, they would self-reg- markets, to ensure that credit default standing of who is moving the markets and why. ulate, and so in effect we pulled the swaps are traded on an exchange or at regulators off the field. least cleared through a central clear- Mr. Ketchum went on to say: We now know the confluence of inghouse with appropriate safeguards [T]here are impediments to regulatory ef- events that led to the disaster, and fectiveness that are not terribly well under- enforced, and to enact meaningful fi- stood and potentially damaging to the integ- there is blame enough to go around. We nancial regulatory reforms. rity of the markets . . . The decline of the failed to regulate the derivatives mar- At the same time, we need to be primary market concept, where there was a ket. Government-backed agencies, such looking carefully to see if these three single price discovery market whose on-site as Fannie Mae and Freddie Mac, deadly ingredients—rapid techno- regulator saw 90-plus percent of the trading pushed to make housing available for logical development, lack of trans- activity, has obviously become a reality. In greater numbers of people; unscrupu- parency, and a lack of regulation—are its place are now two or three or maybe four lous mortgage brokers pushed appearing again in other markets. regulators all looking at an incomplete pic- ture of the market— subprime mortgages at every oppor- There is no question in my mind that And this is important— tunity; and investment bankers pooled in today’s stock markets, those three and securitized those subprime mort- disastrous ingredients do exist. and knowing full well that this fractured ap- proach does not work. gages by the trillions of dollars and Due to rapid technological advances sold them like hotcakes. Rating agen- in computerized trading, stock mar- At the same time that we have no ef- cies, left unmonitored by the SEC, in- kets have changed dramatically in re- fective regulatory surveillance, we credibly stamped these pools with AAA cent years. They have become so high- have also learned about potential ma- ratings. ly fragmented that they are opaque— nipulation by high-frequency traders. Last week, the Senate Banking Sub- The SEC, which changed the capital- beyond the scope of effective surveil- committee for Securities, Insurance, to-leverage ratio level for investment lance—and our regulators have failed and Investment held a hearing on a banks from 30-and-50-to-1, allowed to keep pace. wide range of important market struc- these banks to buy huge pools of these The facts speak for themselves. We ture issues. At the hearing, Mr. James soon-to-be toxic assets, and investment have gone from an era dominated by a Brigagliano, co-acting director of the banks wrote credit default swaps and duopoly of the New York Stock Ex- Division of Trading and Markets, testi- then hedged those risks without any change and Nasdaq to a highly frag- fied that the Commission intends to do central clearinghouse, without any un- mented market of more than 60 trading a ‘‘deep dive’’ into high-frequency trad- derstanding of who was writing how centers. ing issues due to concerns that some much or what it all meant—all of this, Dark pools, which allow confidential high-frequency programs may enable trading away from the public eye, have incredible to believe, without any regu- possible front-running and manipula- flourished, growing from 1.5 percent to lation or oversight. tion. This chart conveys that banks were 12 percent of market trades in under 5 Mr. Brigagliano’s testimony about involved in high-risk return invest- years. his concerns was troubling: ments that were largely unregulated. Competition for orders is intense and . . . if there are traders taking position Then, crash—the housing bubble burst increasingly problematic. Flash orders, and then generating momentum through and a disaster of truly monumental liquidity rebates, direct access granted high frequency trading that would benefit proportions struck. Americans lost $20 to hedge funds by the exchanges, dark those positions, that could be manipulation trillion in housing and equity value pools, indications of interest, and pay- which would concern us. If there was mo- during the ensuing financial meltdown. ment for order flow are each a con- mentum trading designed—or that actually The economy lurched into free fall, and sequence of these 60 centers all com- exacerbated intra-day volatility—that might the GDP shrunk by a staggering per- peting for market share. concern us because it could cause investors Moreover, in just a few short years, to get a worse price. And the other item I centage not seen since the 1950s. mentioned was if there were liquidity detec- What happened next? The American high-frequency trading, which feeds ev- tion strategies that enabled high frequency taxpayer, the deep-pocket lender of erywhere on small price differences in traders to front-run pension funds and mu- last resort, had to ride to the rescue. the many fragmented trading venues, tual funds, that also would concern us. We can barely even count the trillions has skyrocketed from 30 percent to 70 Reinforcing the case for quick action, of dollars in taxpayer money that have percent of the daily volume. several panelists acknowledged that it gone into bailing out the banks, AIG, Indeed, the chief executive of one of is a daily occurrence for dark pools to and a number of other financial insti- the country’s biggest block trading exclude certain possible high-frequency tutions. That is not including the bil- dark pools was quoted 2 weeks ago as manipulators. For example, Robert lions of taxpayer dollars we had to saying that the amount of money de- Gasser, president and CEO of Invest- spend to stimulate the economy. voted to high-frequency trading could ment Technology Group, asserted that We must never let this happen again. ‘‘quintuple between this year and surveillance is a ‘‘big challenge’’ and Yet here we are 1 year later, with no next.’’ that improving market surveillance immediate crisis at hand, and we are Let’s put the last chart back up for a must be a regulatory priority. falling back into complacency. The second. Again, we have learned that if He said: credit default swap market remains un- you have rapid and dramatic change, I can tell you that there are some fric- regulated. The credit rating agencies opaqueness, and no effective regula- tional trades going on out there that clearly have not yet been reformed. The banks tion, which is exactly what exists in look as if they are testing the boundaries of are back to their old habits—paying the high frequency trading markets, we liquidity provision versus market manipula- out billions of dollars in bonuses for have a disaster. We should look at this tion. employees who are still engaged in in terms of high-frequency trading. We But none of the panelists, when high-risk, high-reward practices. have no effective regulation in these asked, felt responsible to report any of What is the great lesson we should markets. their suspicions of manipulative activ- have learned from the financial dis- Last week, Rick Ketchum, the chair- ity to the SEC. That is up to the regu- aster of 2008? When markets develop man and CEO of the Financial Industry lators and their surveillance to stop, rapidly and change dramatically, when Regulatory Authority—the self-regu- they believe.

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.029 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11151 Finally, at the end of the hearing, As Chairman REED said at last SPECTER, just gave an eloquent speech Subcommittee Chairman REED asked week’s hearing, nothing requires that on why the Supreme Court should be about the reported arrest of a Goldman these people even be located within the televised and how it would provide Sachs employee who allegedly had sto- United States. Known as ‘‘sponsored greater openness and transparency len code from Goldman used for their access,’’ hedge funds use the name of a were decisions being made in the high-frequency trading programs. broker-dealer to gain direct trading ac- public’s eye. I think that argument was A Federal prosecutor, arguing that cess to the exchange but do not have to very interesting. But there is one insti- the judge should set a high bail, said he comply with any of the broker-dealer tution that is absolutely on television had been told that with this software, rules or risk checks. already, and that is the Congress of the there was the danger that a knowledge- SEC Commissioner Elisse Walter has United States. Through C–SPAN, what able person could manipulate the mar- recognized this threat: goes on in this Chamber and often in kets in unfair ways. [Sponsored access] presents a variety of the committee rooms goes out all over The SEC has said it intends to issue unique risks and concerns, particularly when America. We get phone calls, in many a concept release to launch a study of trading firms have unfiltered access to the instances, from the C–SPAN watchers. high-frequency trading. According to markets. These risks could affect several I think it is an outstanding tool. news reports, this will happen next market participants and potentially threat- Someone watching what is going on year. I do not believe next year is soon en the stability of the markets. all day would wonder: What are they enough. We need the SEC to begin its Let me repeat that: doing? We have kind of lost sight, study immediately. Where is the sense These risks could affect several marketing given some of the amendments that of urgency? participants and potentially threaten the were offered, of just what is the pend- Our stock markets are also opaque. stability of the markets. ing business on the floor of the Senate Again, I refer to Chairman Ketchum’s This is from a member of the SEC. today. As the person who chairs the speech: Even those on Wall Street responsible Appropriations Subcommittee on Com- There are impediments to regulatory effec- for overseeing their firms’ high-fre- merce, Justice and Science, I would tiveness that are not terribly well under- quency programs are not up to speed like to remind the American people stood and potentially damaging to the integ- on the risks involved, according to a watching, and my colleagues, what is rity of the markets. recent study conducted by 7city Learn- the pending business. He went on to say: ing. In a survey of quantitative ana- The pending business is how should We need more information on the entities lysts who design and implement high- we best fund those important agencies that move markets—the high frequency frequency trading algorithms, two- at the Commerce Department that pro- traders and hedge funds that are not reg- thirds asserted their supervisors ‘‘do mote trade and scientific innovation; istered. Right now, we are looking through a not understand the work they do.’’ also the Justice Department, rendering translucent veil, and only seeing the reg- And though the quants and risk man- impartial justice, enforcing the laws istered firms, and that gives us an incom- agers played a central role exacer- that are on the books; to important plete—if not inaccurate—picture of the mar- kets. bating last year’s financial crisis, 86 science agencies, such as the American percent of those surveyed indicated space program. What the appropria- Senator SCHUMER echoed this theme their supervisor’s ‘‘level of under- tions bill does is it determines what at last week’s hearing. He said: standing of the job of a quant is the goes in the Federal checkbook to fund Market surveillance should be consolidated same or worse than it was a year ago,’’ these programs. across all trading venues to eliminate the in- I am very proud of the way we, in our formation gaps and coordination problems and 70 percent said the same thing that make surveillance across all the mar- about their institutions as a whole. subcommittee, have worked on a bipar- kets virtually impossible today. I agree with the market expert and tisan basis to bring a bill to the Senate Let me repeat: ‘‘ . . . market surveil- 7city director Paul Wilmott who said: floor that we believe reflects national lance across all the markets virtually These numbers are alarming. They indi- priorities. I have worked hand in hand impossible today.’’ I totally agree with cate that even with the events of the past with my ranking member, the Repub- year, financial institutions are still not tak- that, and none of the industry wit- lican Senator from Alabama, Mr. SHEL- ing the importance of financial education se- BY, and we wrote good legislation. nesses disagreed with Senator SCHU- riously. What do we like about it? First of all, MER. That is why the SEC must not let Let me repeat that. what we like about it is that we want months go by without taking meaning- to promote innovation and competition ful action. We need the Commission to . . . They indicate that even with the events of the past year, financial institu- in our society. We are in a terrible eco- report now on what it should be doing tions are still not taking the importance of nomic mess. Our economy is rocking sooner to discover and stop any such financial education seriously. and rolling. The fact is, we still do not high-frequency manipulation. Where is the urgency? Time is of the have jobs. What about these jobs? What Where is the sense of urgency? essence. We must act now. do we do? I want to talk about the role We must also act urgently because The PRESIDING OFFICER. The Sen- of the Commerce Department in com- high-frequency trading poses a sys- ator from Pennsylvania is recognized. ing up with new ideas, making sure we temic risk. Both industry experts and Mr. SPECTER. I thank the Chair. have innovation from the government. SEC Commissioners have recognized (The remarks of Mr. SPECTER per- Innovation is important because it is this threat. One industry expert has taining to the submission of S. Res. 339 the new ideas that create the new prod- warned about high-frequency malfunc- are printed in today’s RECORD under ucts that create the new jobs. tions: ‘‘Submission of Concurrent and Senate I note the Presiding Officer is from The next LongTerm Capital meltdown Resolutions.’’) the State of Ohio. There, as in my would happen— Mr. SPECTER. I thank the Chair, State, manufacturing has been very And get this— and I yield the floor. hard hit. Many of the traditional ways in a five-minute time period . . . Ms. MIKULSKI. Mr. President, I sug- of life are not there. We have to look ‘‘The next LongTerm Capital melt- gest the absence of a quorum. ahead to what is promoting innova- down would happen in a five-minute The PRESIDING OFFICER (Mr. tion-friendly government. Right there time period.’’ BROWN). The clerk will call the roll. in the Commerce Department is the At 1,000 shares per order and an average The bill clerk proceeded to call the Bureau of Industry and Security, which price of $20 per share, $2.4 billion of improper roll. makes sure we are able to provide ex- trades could be executed in [a] short time- Ms. MIKULSKI. Mr. President, I ask ports of our technology. We have the frame. unanimous consent the order for the Patent and Trademark Office, which is This is a real problem. We have un- quorum call be rescinded. guardian of our intellectual property regulated entities—hedge funds—using The PRESIDING OFFICER. Without around the world. It protects ideas and high-frequency trading programs, objection, it is so ordered. those who come up with inventions as interacting directly with the ex- Ms. MIKULSKI. Mr. President, our private property, the hallmark of cap- changes. colleague from Pennsylvania, Senator italism—the ability to own private

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.030 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11152 CONGRESSIONAL RECORD — SENATE November 5, 2009 property and benefit from the fruits of cops on the beat. Through a program passionate about. I look forward to your labor in an open and competitive called the Byrne grants they are able continuing to work with her in all marketplace. We would fund that. to apply for Federal funds to be able to sorts of criminal justice areas, particu- When you come up with new prod- modernize themselves. larly as it relates to the protection of ucts, you also have to have standards We don’t want to hold up the funding. children. I thank her for those com- so a yardstick is the same in the We want this bill to go ahead. We want ments. United States as in any other coun- things to happen. That is what this bill I thank the Senator for giving me a try—or the metric system. What the is. We have worked hard. Senator chance to speak very briefly, to do two National Institute of Standards does is SHELBY and I held hearings, we held things: one, to give a statement on an it sets standards for products that will meetings, we met with local law en- amendment that was proposed on this enable the private sector to compete forcement. bill by Senator VITTER, that related to among themselves and around the We took the time to meet with peo- adding a question to the Census. I have world. I am proud of them. They are lo- ple who have been victims, battered submitted a letter on this to him per- cated in Maryland, but even if they women. We fund the Violence Against sonally. were located in Utah or Wyoming I Women Act. Do you know, since JOE Senator VITTER contends that the would be proud of them because it is BIDEN created that program, over 1 founding fathers only believed that there that they set the standards which million people have called on the hot- citizens should be counted by Census help set the pace for America to com- line; that we have protected over 1 mil- officials for the purposes of congres- pete. lion women from being abused and sional apportionment. Much is said about our arms race, maybe even facing violence of such a He argues that the inclusion of non- but one of the races we have been in is degree that it threatened their lives? citizens in the census will result in the race for America’s future. One of This is not only about spending. Louisiana losing a congressional seat the agencies that is the greatest inven- These are about public investments since the population of States like tor of technology has been the Na- that protect our communities and pro- California and Texas could be inflated tional Space Agency. We have all been tect American jobs. I hope my col- by millions of illegal immigrants, mak- thrilled to watch our astronauts go leagues will come and agree to com- ing their population growth relatively into space. Many of us, particularly plete discussion on their amendments greater than ours. Should noncitizens be included in the this summer, were excited about the so we can complete votes and bring calculation that determines the alloca- bold and courageous astronauts be- this to a close so we can go to a con- tion of seats in the House of Represent- cause they were able to retrofit Hubble ference with the House. atives? I believe that the answer is no. with new batteries and a new camera I note the Senator from Louisiana is But merely adding a question to the so we could do the scientific work on the Senate floor. I want to single Census will not fix that. That change needed to send Hubble on its final jour- her out, as they say in the colloquial: requires an amendment to the Con- ney. It is at the National Space Agen- Do a shout-out. The Senator is well stitution, which states: ‘‘Representa- cy, though, that so much invention of known for her work on adoption, and I tives shall be apportioned among the new technology occurs. salute her for that. Also, international several States according to their re- As someone who has spoken out so adoption, making sure the laws are spective numbers, counting the whole much for women’s health, and also the made and making sure, as people seek number of persons in each State’’. desire to prevent breast cancer, one of international adoption, there is not the I think that the Constitution is the things I am proud of is out of exploitation of those children. We work clear. But my staff has checked with NASA’s x-ray technology we have been with that in our bill. We also make the Nation’s foremost constitutional able to develop other products for the sure we protect missing and exploited scholars at Yale, Stanford, and UCLA civilian population, such as digital children in their own country. to name a few. They have checked with mammography. You know, we see horrific, ghoulish, scholars from the political right and A few months ago I broke my ankle and grisly things done to young people scholars from the political left. So far, and then wore a boot that looked like who have been picked up. But thanks every single scholar agrees: If you want a space boot. It looked like a space to the Adam Walsh Act, the Missing to exclude noncitizens you must amend boot because it maybe was—well, not Children and Exploitation Act, we are the Constitution. mine. I would love to wear a space boot stopping that. We have tough laws now Professor Eugene Volokh, a well-re- worn by Sally Ride or one of the great against sexual predators and a way to garded constitutional law scholar at women astronauts. But the fact is, it is keep them off the streets and to keep UCLA, and a staunch conservative, has because of the technology that was de- them registered. We have the money in written publicly that the notion would veloped to protect our astronauts that the Federal checkbook to do that. be unconstitutional. we now know how to protect us on I really like this subcommittee be- Were the founders wrong to create Earth. This is what we are talking cause it does protect American jobs. It the formula for congressional appor- about. does protect American communities. It tionment in that way? That is a very Should we fund these agencies? does protect the American people. I serious question for all 50 States, but it Should we be able to make public in- hope that today we can conclude our is far from the most important chal- vestments that lead to private sector debate on the five pending amend- lenge confronting Louisiana today. jobs? While we are fighting over should ments, move to a vote and try to get The fact is that if Louisiana does not we have this prisoner over at Gitmo or our country and our economy back bolster law enforcement, our commu- other kinds of provocative social ques- again. nities will not be safe enough to at- tions, we have a duty to promote those I yield the floor. tract new residents. If we do not im- agencies that promote private sector The PRESIDING OFFICER. The Sen- prove our failing public schools, fami- jobs. ator from Oklahoma. lies will not want to call Louisiana The other area I am very proud of in Mr. COBURN. I ask unanimous con- home, and businesses would not have this bill is our support of law enforce- sent that the Senator from Louisiana the employment base that will grow ment. Yes, we support Federal law en- be recognized for 3 minutes and then I our economy. forcement, our FBI, our Marshal Serv- follow with the 30 minutes I had allot- The truth is that our State has seen ice, as well as our Bureau of Alcohol, ted. more outward migration than any Tobacco, Firearms and Explosives. But The PRESIDING OFFICER. Without other in the Union. Only Louisiana and I am also proud that we support that objection, it is so ordered. North Dakota lost population this dec- thin blue line of local law enforcement. Ms. LANDRIEU. Mr. President, I ap- ade, and Louisiana’s population was re- For many of our communities, mayors preciate the comments from our lead- duced by a much higher degree. and county executives are stretched to er, Senator MIKULSKI from Maryland, Illegal immigration is a very serious the limit. Sometimes people who com- who does a magnificent job as a mem- problem. but it is not responsible for mit crimes are better armed and have ber of the Appropriations Committee, Louisiana’s loss of representation. An- the latest technology, more than our and particularly in this area she feels drew Beveridge, a sociologist at Queens

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.033 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11153 College and the Graduate Center of the tinue to refine our processes, make our our children—not us; our children and City University of New york, has disaster response even better for disas- our grandchildren—will have to repay. shown that even if all illegal immi- ters such as this. For hurricanes, for I saw this the other day on the Inter- grants were excluded, Louisiana would earthquakes, or for anything else that net. It speaks a million words to me. still lose a seat. comes our way, we will be ready and Here is a little girl, a toddler with a Here is our real problem: Decades of able to respond. pacifier in her mouth. She has got a stagnant economic growth drove many I yield the floor and I thank the Sen- sign hanging around her neck. She Louisianians elsewhere, and that was ator from Oklahoma for being gracious says: I am already $38,375 in debt and I before Hurricanes Katrina, Rita, Gus- with his time. only own a doll house. tav and Ike severely impacted our pop- The PRESIDING OFFICER. The Sen- The problem with that is that she ulous coastal communities. ator from Oklahoma. way understates what she is in debt Demonstrating that Louisiana means Mr. COBURN. Mr. President, I am for. That is just the recognized exter- business when it comes to reforming going to spend about 20 minutes talk- nal debt. That does not count what we our schools and our police departments ing about amendments I have that are borrowed internally from our grand- and our basic infrastructure takes seri- germane and we will be voting on. But children. It does not count the un- ous work. That is the work that I en- they are small amendments. There is funded liabilities she through her life- gage in every day. nothing big here. They are amend- time will never get any benefit from Blaming immigrants for our prob- ments that are designed to make a but will pay because we have stolen the lems does not take much effort, but it point. benefit for us, without being good stew- will not make our State a better place We ran, by a factor of two, the larg- ards of the money that has been given to live either. est deficit in the history of this coun- to us. Secondly, quickly, since Puerto Rico try. Of the money we spent in the 2009 If you go through this and you look does not have a Senator, as it is still a fiscal year, we borrowed 43 percent of at it, by the time she is 40, she will be territory and not a State, I wanted to it: 43 cents out of every dollar we ex- responsible for the $1,119,000 worth of take the opportunity to express to the pended, 43 cents we borrowed from our debt we have accumulated for pay- people of Puerto Rico our sadness children and our grandchildren. ments for Medicare, Social Security, about a terrible explosion that hap- We have before us a bill, the Com- and Medicaid that she got absolutely pened recently, on October 24. It oc- merce-Justice-Science bill, that will go zero benefit from. Then if you think about a $1 million curred at one of their major refineries. up almost 13 percent, 12.6 percent this This came to my attention for two year, on the back of a 15.5-percent in- debt for a little girl like this and what reasons. One, we also have a lot of re- crease last year. The latest inflation it costs, what the interest is to fund that debt, if you just said 6 percent, she fineries in Louisiana, so we are sen- numbers are deflation, a minus four- has got to make $60,000 first to pay the sitive that accidents such as this can tenths of 1 percent. interest on that debt before she pays happen, but also as the Chair of the The question America has to ask any taxes, her share of the taxes, and Subcommittee on Disaster Response, I itself, after we pass $800 billion of stim- before she has the capability to have a wanted to talk a minute about this. ulus spending for which this agency got home and have children and have a col- The fire burned for 24 hours. It de- billions which are not reflected in any lege education, own a car. We are abso- stroyed 22 of the 40 storage tanks. of these increases, is how is it that lutely, with bills such as this, stran- Thankfully and amazingly, no one was when we can spend $1.4 trillion we do gling her. We are strangling her. killed. not have, we can come to the floor and I am reminded what one of our I come to the floor to congratulate continue to have double-digit increases Founders said, and it is so important. I the local officials, the Governor, the in almost everything we pass? love the Senator from Maryland. She FEMA representatives, the law en- It does not take a lot of math to fig- said we had plenty of money in the forcement that responded to this hor- ure out that if we keep doing what we checkbook to do this. We do not have 1 rific disaster. Some 1,500 people were are doing, in 4 ⁄2 years the size of the plenty of money in the checkbook to evacuated, 596 people were sheltered Federal Government doubles. If you do do this. What we have is an unlimited outside of the impacted area. There this for another 4 years, we will double credit card that we keep putting into were 130 firefighters and National the size of the Federal Government. So the machine and saying, we will take Guard troops who worked to bring the there is absolutely no fiscal restraint the money and our kids will pay later. inferno under control. The good news is within the appropriations bills that are That is what we are doing. that they did. going through this body with the ex- Thomas Jefferson said, ‘‘I predict fu- The purpose of this comment for the ception of one, and that is the Defense ture happiness for Americans if they RECORD is to say that training and pre- Department, probably the one that is can prevent the government from wast- paredness help. The Members of this most important to us in terms of our ing the labors of the people under the body, both Democrats and Republicans, national security, in terms of where pretense of taking care of them.’’ supported additional funding in last there is no question we have waste but When we are seeing 12.6 and 15 per- year’s bill for FEMA for local training. where we need to make sure that we cent increases in the nonmandatory Congress recognized the importance of are prepared for the challenges that side, the non-Social Security, the non- training. Since 2007 we have appro- face us. Medicare, the non-Medicaid side of the priated over $250 million each year in If you look at what we passed budget, we have fallen into the trap grants. The post-Katrina emergency through the body, and you look at 2008, Thomas Jefferson was worried about. management reform gave FEMA re- 2009, you go 10, 9.9, 9.4, 13.0, 13.3, 14.1, I know my colleagues are sick of me gional administrators specific responsi- 15.7—that was last year—and now we talking about this. But you know what, bility for coordinating that training. are going to go 5.7, 7.2, 1.4, 12.6, 22.5, the American people are not sick of us I am encouraged that FEMA seems to 16.2, and 12.6. talking about it. They get it. They re- have learned some of the lessons from Not only are we on an unsustainable alize that we refuse to make hard Hurricane Katrina and also from Sep- course as far as mandatory programs choices. Every one of them is making tember 11, which is now several years such as Social Security and Medicare— hard choices today with their families behind us, but nonetheless still on our by the way, we have now borrowed about their future based on their in- minds. So I wanted to say that train- from Social Security, stolen from So- come. Yet we have the gall to bring to ing, the appropriate amount of invest- cial Security, $2.4 trillion which we do the floor double-digit spending at a ment in training, works. Again, no one not even recognize we owe. We do not time when people, 10 percent of Ameri- was killed. put it on our balance sheet. We have cans, are out of work, seeking work, I want to give credit to FEMA and stolen $758 billion from the Medicare another 5 percent have given up, and the Governor of Puerto Rico, Luis trust fund, which we do not even recog- we are saying, that is fine if we have a Fortun˜ o, for their quick action in nize. So we borrowed $3 trillion from 12-percent increase. It is fine. No prob- keeping people safe, in responding to funds that were supposed to be there lem. There is plenty of money in the this situation. Hopefully we will con- for our seniors and our retirees which checking account.

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.004 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11154 CONGRESSIONAL RECORD — SENATE November 5, 2009 There is no money in the checking person who is out of work. They are Government that are low priority in account. We are perilously close to getting from the person who didn’t get terms of what really counts and really having our foreign policy dictated to us that job because the economy is on its matters for our future. by those who own our bonds, people back, because we are borrowing $1.4 I have one other amendment we will outside of this country. The time to trillion and competing with the capital be voting on that transfers money to start changing that is now. that is required to create a job. It is increase the money at the inspector I have two little amendments, and just a small amount of money. It by general. It will not slow down the con- one is very instructive. The political itself won’t make any difference. But version of the Hoover Building at all. science community is hot and bothered supporting this amendment will build We have been told that. But it will help because I would dare to say that maybe on confidence with the American peo- to make good government. in a time of $1.4 trillion deficits, maybe ple that says, he is right, we ought to Part of our problem in government is at a time when we have 10 percent un- be about priorities. about 10 percent of everything we do is employment, maybe at a time when we We ought to be about doing what is pure waste, pure fraud, or pure duplica- are at the worst financial condition we most important first and cutting out tion. If we are going to invest dollars have ever been in our country’s his- what is least important because the in something, we ought to invest in the tory, maybe we ought not spend money times call for discipline so we don’t transparency and accountability mech- asking the questions why politicians further hamstring the generation of anisms we have already set up. give vague answers, or how we can do children to which this young lady be- I find myself encouraged by the atti- tele-townhall meetings and raise our longs. If you take $5 or $6 million and tude of the American people, yet dis- numbers. Maybe we ought not to spend do it once, pretty soon, if you have couraged by the attitude of my col- this money on those kinds of things done it 10 times, you have $60 million. leagues. Nobody wants to take and right now. You do it another 10 times, you have make the hard choices, the hard You see, it is instructive because $600 million. Pretty soon, we have bil- choices that say we are going to get those who are getting from the Federal lions of dollars we are not spending be- heat if we start prioritizing. The easi- Government now do not care about cause it is low priority and we are not est is to do nothing. The easiest is to their grandchildren. What they want is borrowing it against our children. All continue to let the programs run what they are getting now. Give me of a sudden, the value of the dollar whether they are high priority or not. now; it doesn’t matter what happens to starts to rise. Confidence around the That is easy. But America is having a the rest of the generations that follow world in the dollar starts increasing. rumble right now. The ground is shak- us. Competition for capital by the Federal ing. The American people are paying So we have the political science com- Government competing in the private attention. They are going to watch munity all in an uproar, not because I sector for the capital goes down. The votes just like this one. Then we are am against the study of political cost of capital goes down. Credit flows going to be called to account as to, science but because I think now is not and job opportunities are created. We why won’t you make priority choices, the time to spend money on that. Now don’t connect that because we have al- why won’t you take the heat. If there ought to be any political is the time to spend money we abso- ways done it that way. We have a budg- science study done, it is, why are Mem- lutely have to spend, on things which et allocation. As long as we are under bers of Congress such cowards? That is are absolute necessities, as every fam- that budget allocation, everything is the thing we ought to study. We ought ily in America is making those deci- fine. to study why we refuse to do the right Where is the leadership in our coun- sions today. We do not have the cour- thing because it puts our job at risk. try today that says we are going to age to do it because it offends indi- We ought to be doing the right thing model a leadership that we know the vidual interest groups that are getting when it does put our job at risk and American people expect of us—make money from the Federal Government when it doesn’t. for a priority that is much less than hard choices, take the heat to elimi- I will finish up by reminding us of the defense of this country, protecting nate things that are lower priority so what our oath is. Our oath never men- people, securing the future, taking care that we can preserve the priority of tions our State. Our oath never men- of their health care, and making sure this child and those of her generation? tions our special interest. Our oath we have law and order. The fact is, that leadership is non- never mentions our campaign contribu- You see, Alexander Tyler warned of existent. There is no reason for anyone tors. What our oath mentions is that this as he studied why republics fail. to doubt why confidence in the Con- we are Senators of the United States— He said, ‘‘All republics fail.’’ They fail gress is at alltime lows. We are not re- not from Oklahoma, not from Dela- because when people learn they can alists. We are not listening. ware, not from Maryland, not from vote themselves money from the public The message out there, the No. 1 con- Ohio. We are Senators of the United treasury, all of the other priorities go cern with fear isn’t health care; it is States; we just happen to be from those out the window. They become totally economic. Am I going to have a job to- places. Our oath is to the long-term self-focused, self-centered on what is in morrow? Am I going to be able to pay best interest of the country, never a it for them, with no long-range vision, my bills? Will I be able to pay my parochial interest. only parochial vision, no vision for the mortgage? There are thousands of As you go through these bills, what country as a whole, but only what is items in every appropriations bill just you see are parochial interests trump- good for them. It is called self- like this one, just like that amendment ing the long-term best interests of the centeredness. It is called selfishness. that we could eliminate tomorrow. It country. That is not to demean the fine And we perpetuate it in this body by might create some small hardship but job the Senator from Maryland has bringing bills to the floor that are re- nothing compared to the hardship we done. She came in with the number sistant to amendments that say: are transferring to the following gen- that was given her. There is no ques- Maybe this is not a priority right now. eration. tion that she probably made some I would bet if you polled the Amer- I have no doubt of the outcome of the tough choices as she did that. But we ican public and said, we are going to votes on my amendments. I understand haven’t made enough. This kind of in- run another $1.4 trillion deficit this we are a resistant, recalcitrant body crease in this kind of bill is absurd. It year, we probably would not want to that refuses to recognize the will and is obscene. It is obscene at a time when spend $12 million telling politicians direction of the American people in the average family’s income is declin- how to stay elected. We probably would terms of commonsense priorities. I un- ing, their ability to have the freedom not. derstand that. But what we must un- to make choices, relaxed choices about The fact is, it is major universities derstand is, they are awake now, they what they do versus very stern choices that get this small amount of money are listening, and they are watching. It about what is a necessity. We have not are in debt in excess of $50 billion. is time to respond to the desires of the gotten the message. They have plenty of money to fund American people and stop responding I yield the floor. this if they wanted, but they don’t do to the special interests of those who The PRESIDING OFFICER. The Sen- it because they are getting from the are getting money from the Federal ator from Connecticut is recognized.

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.041 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11155 AMENDMENT NO. 2669 Supreme Court and the Geneva Con- compact of which they are not a part, do not Mr. LIEBERMAN. I thank the Chair. ventions. recognize, and which they seek to destroy: Mr. President, I rise to speak on be- Those who are accused of committing the United States Constitution. half of amendment No. 2669 that has the heinous, cowardly acts of inten- So they say: been offered by Senator GRAHAM, with tionally targeting unsuspecting, de- We adamantly oppose prosecuting the 9/11 Senators WEBB, MCCAIN, and myself as fenseless civilians in an act of war as conspirators in Article III courts, which cosponsors. It is a pending amendment. part of a larger declared war of Islamic would provide them with the very rights The purpose of this amendment is extremists against, frankly, anybody that may make it possible for them to escape quite straightforward. It would prevent who is not like them—the most numer- the justice which they so richly deserve. We the use of any funds made available to believe that military commissions . . . are ous victims of these Islamic terrorists the appropriate legal forum for the individ- the Department of Justice by this ap- around the world are fellow Muslims uals who declared war on America. propriations bill from being used to who don’t agree with their extremism. Mr. President, I know there will be prosecute any individual suspected of They have killed many people of other further debate on this amendment, but involvement in the 9/11/01 attacks religions. When they struck us in the I ask my colleagues to join in this. We against the United States in an article United States on 9/11, they killed an are doing it not just because of the pro- III court—that means essentially a reg- extraordinary classically American di- tocol I cited at the beginning but be- ular Federal court created pursuant to verse group of people. The only reason cause of stories that are emanating article III of our Constitution. they were targeted was that they were Why would we feel we need to do such that perhaps as early as next week, the in the United States. The terrorists, Department of Justice will announce a thing? It is because the current pro- these people who are suspected of being tocol governing the disposition of cases they are going to bring Khalid Shaikh terrorists participating in and aiding Mohammed, the man who planned the referred for possible prosecution of de- the attacks of 9/11, are war criminals, tainees currently held at Guantanamo 9/11 attacks, who is in our custody, to not common criminals. They should, trial in a Federal court. This man is, Bay, Cuba, the current protocol of the therefore, be tried by a military com- U.S. Department of Justice governing from all that I know, one of the devils mission system, which goes back as of history, an evil man who wrought the referral of these detainees from long as the Revolutionary War in the Guantanamo Bay, says as follows: terrible destruction and suffering on United States. There is a proud and our country, and he ought to be given No. 2, Factors for Determination of Pros- fair tradition. We have upgraded and due process, but he ought to be given ecution. There is a presumption that, where strengthened all the due process and feasible, referred cases will be prosecuted in due process in a forum reserved for sus- legal protections of them after 9/11. So pected war criminals, and that is the an Article III court in keeping with tradi- why would we take these war crimi- tional principles of federal prosecution. military commissions. nals, suspected war criminals, and I thank the Chair and yield the floor. It is because we who are sponsoring bring them into the criminal courts of this amendment think there is a funda- The PRESIDING OFFICER. The sen- the United States and give them the ior Senator from Arizona is recognized. mental error of judgment—in fact, in rights of the Constitution. I don’t un- its way, an act of injustice—that these Mr. MCCAIN. Mr. President, I thank derstand. my friend and colleague, Senator individuals, suspected terrorists being Every Member of the Senate received LIEBERMAN. Along with Senator held at Guantanamo Bay, Cuba, sus- a letter today from quite a large num- pected in this case, according to our GRAHAM and Senator WEBB, we are ber of families of the victims of 9/11, strongly supporting this amendment. amendment, of having been involved in 140-plus at last writing. I want to read the attacks of 9/11 on the United States Senator LIEBERMAN made reference briefly from the letter. The letter is in to a letter that has currently been which resulted in the deaths of almost support of the amendment Senators 3,000 people, that these individuals signed by 214 9/11 family members. Mr. GRAHAM, WEBB, MCCAIN, and I have of- President, I ask unanimous consent would be tried in a regular U.S. Federal fered. court as if they were accused of vio- that this letter be printed in the The American people were rightly out- lating our criminal laws. They are not RECORD, along with an article from the raged by this act of war. Whether the cause Wall Street Journal dated October 19, common criminals or uncommon was retribution or simple recognition of our criminals; they are suspected of being common humanity, the words ‘‘Never For- 2009, entitled ‘‘Civilian Courts Are No war criminals. As such, they should not get’’ were invoked in tearful or angry rec- Place To Try Terrorists’’ by Michael B. be brought to prosecution in a tradi- titude, defiantly written in the dust of Mukasey, the former Attorney General tional Federal court along with other Ground Zero or humbly penned on makeshift of the United States of America. accused criminals. memorials all across this land. There being no objection, the mate- Citizens of the United States have all The country was united in its determina- rial was ordered to be printed in the tion that these acts should not go unmarked RECORD, as follows: the right to the protections of our Con- and unpunished. stitution in the Federal courts, article Eight long years have passed since that NOVEMBER 5, 2009. III courts of the United States. These dark and terrible day. U.S. SENATE, The U.S. Capitol, are suspected terrorist war criminals Remember, Mr. President, this is who are not entitled to all the protec- Washington, DC. written by people who lost dear ones on DEAR SENATORS: On September 11, 2001, the tions of our Constitution and whose 9/11. entire world watched as 19 men hijacked four prosecution should not be confused They continue: commercial airliners, attacking passengers with a normal criminal law prosecu- Sadly, some have forgotten the promises and killing crew members, and then turned tion. They are war criminals. They we made to those whose lives were taken in the fully-fueled planes into missiles, flying ought to be tried according to all the such a cruel and vicious manner. them into the World Trade Center twin tow- rules that prevail for war criminals, in- We have not forgotten. We are the hus- ers, the Pentagon and a field in Shanksville, cluding, of course, the Geneva Conven- bands and wives, mothers and fathers, sons, Pennsylvania. 3,000 of our fellow human tions. daughters, sisters, brothers and other family beings died in two hours. The nation’s com- mercial aviation system ground to a halt. This Congress has established a tra- members of the victims of these depraved and barbaric attacks, and we feel a profound Lower Manhattan was turned into a war dition and improved in recent times a zone, shutting down the New York Stock Ex- system of military commissions, a sys- obligation to ensure that justice is done on their behalf. change for days and causing tens of thou- tem adopted by both Houses of Con- sands of residents and workers to be dis- gress, signed into law by the President, They continue: placed. In nine months, an estimated 50,000 which provides standards of due proc- It is incomprehensible to us that Members rescue and recovery workers willingly ex- ess and fairness in the trial of sus- of the United States Congress would propose posed themselves to toxic conditions to dig pected war criminals, not just in com- that the same men who today refer to the out the ravaged remains of their fellow citi- murder of our loved ones as a ‘‘blessed day’’ zens buried in 1.8 million tons of twisted pliance with the Geneva Conventions and who targeted the United States Capitol steel and concrete. and the Supreme Court of the United for the same kind of destruction that was The American people were rightly out- States but well above the standards wrought in New York, Virginia and Pennsyl- raged by this act of war. Whether the cause that have been required by both the vania, should be the beneficiaries of a social was retribution or simple recognition of our

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.042 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11156 CONGRESSIONAL RECORD — SENATE November 5, 2009 common humanity, the words ‘‘Never For- ists in which those responsible for the death scene of carnage eight years ago, being given get’’ were invoked in tearful or angry rec- of thousands on 9/11 will be treated as com- a Constitutionally mandated platform upon titude, defiantly written in the dust of mon criminals and afforded the kind of plat- which he can mock his victims, exult in the Ground Zero or humbly penned on makeshift inum due process accorded American citi- suffering of their families, condemn the memorials erected all across the land. The zens, yet members of Al Qaeda who aspire to judge and his own lawyers, and rally his fol- country was united in its determination that kill Americans but who do not yet have lowers to continue jihad against the men and these acts should not go unmarked and blood on their hands, will be treated as war women of the U.S. military, fighting and unpunished. criminals. The President offers no expla- dying in the sands of Iraq and the mountains Eight long years have passed since that nation or justification for this contradiction, of Afghanistan on behalf of us all. dark and terrible day. Sadly, some have for- even as he readily acknowledges that the There is no guarantee that Mr. Mohammed gotten the promises we made to those whose 9/11 conspirators, now designated and his co-conspirators will plead guilty, as lives were taken in such a cruel and vicious ‘‘unprivileged enemy belligerents,’’ are ap- in the case of Zacarias Moussaoui, whose manner. propriately accused of war crimes. We be- prosecution nevertheless took four years, We have not forgotten. We are the hus- lieve that this two-tier system, in which war and who is currently attempting to recant bands and wives, mothers and fathers, sons, criminals receive more due process protec- that plea. Their attorneys will be given wide daughters, sisters, brothers and other family tions than would-be war criminals, will be latitude to mount a defense that turns the members of the victims of these depraved mocked and rejected in the court of world trial into a shameful circus aimed at vili- and barbaric attacks, and we feel a profound opinion as an ill-conceived contrivance fying agents of the CIA for alleged acts of obligation to ensure that justice is done on aimed, not at justice, but at the appearance ‘‘torture,’’ casting the American government their behalf. It is incomprehensible to us of moral authority. and our valiant military as a force of evil in- that members of the United States Congress The public has a right to know that pros- stead of a force for good in places of the Mus- would propose that the same men who today ecuting the 9/11 conspirators in federal lim World where Al Qaeda and the Taliban refer to the murder of our loved ones as a courts will result in a plethora of legal and are waging a brutal war against them and ‘‘blessed day’’ and who targeted the United procedural problems that will severely limit the local populations. For the families of States Capitol for the same kind of destruc- or even jeopardize the successful prosecution those who died on September 11, the most tion that was wrought in New York, Virginia of their cases. Ordinary criminal trials do obscene aspect of giving Constitutional pro- and Pennsylvania, should be the bene- not allow for the exigencies associated with tections to those who planned the attacks ficiaries of a social compact of which they combatants captured in war, in which evi- with the intent of inflicting maximum terror are not a part, do not recognize, and which dence is not collected with CSI-type chain- on their victims in the last moments of their they seek to destroy: the United States Con- of-custody standards. None of the 9/11 con- lives will be the opportunities this affords stitution. spirators were given the Miranda warnings defense lawyers to cast their clients as vic- We adamantly oppose prosecuting the 9/11 mandated in Article III courts. Prosecutors tims. conspirators in Article III courts, which contend that the lengthy, self-incriminating Khalid Sheikh Mohammed and his co-con- would provide them with the very rights tutorials Khalid Sheikh Mohammed and oth- spirators are asking to plead guilty, now, be- that may make it possible for them to escape ers gave to CIA interrogators about 9/11 and fore a duly-constituted military commission. the justice which they so richly deserve. We other terrorist operations—called ‘‘pivotal We respectfully ask members of Congress, believe that military commissions, which for the war against Al-Qaeda’’ in a recently why don’t we let them? have a long and honorable history in this released, declassified 2005 CIA report—may Respectfully submitted, country dating back to the Revolutionary be excluded in federal trials. Further, unlike (214 Family Members). War, are the appropriate legal forum for the military commissions, all of the 9/11 cases individuals who declared war on America. will be vulnerable in federal court to defense [From the Wall Street Journal, Oct. 19, 2009] With utter disdain for all norms of decency motions that their prosecutions violate the CIVILIAN COURTS ARE NO PLACE TO TRY and humanity, and in defiance of the laws of Speedy Trial Act. Indeed, the judge presiding TERRORISTS warfare accepted by all civilized nations, in the case of Ahmed Ghailani, accused of (By Michael B. Mukasey) these individuals targeted tens of thousands participating in the 1998 bombing of the The Obama administration has said it in- of civilian non-combatants, brutally killing American Embassy in Kenya, killing 212 peo- tends to try several of the prisoners now de- 3,000 men, women and children, injuring ple, has asked for that issue to be briefed by tained at Guantanamo Bay in civilian courts thousands more, and terrorizing millions. the defense. Ghailani was indicted in 1998, in this country. This would include Khalid We support Senate Amendment 2669 (pur- captured in Pakistan in 2004, and held at Sheikh Mohammed, the mastermind of the suant to H.R. 2847, the Commerce, Justice, Guantanamo Bay until 2009. Sept. 11, 2001 terrorist attacks, and other de- Science Appropriations Act of 2010), ‘‘prohib- Additionally, federal rules risk that classi- tainees allegedly involved. The Justice De- iting the use of funds for the prosecution in fied evidence protected in military commis- partment claims that our courts are well Article III courts of the United States of in- sions would be exposed in criminal trials, re- suited to the task. dividuals involved in the September 11, 2001 vealing intelligence sources and methods and Based on my experience trying such cases, terrorist attacks.’’ We urge its passage by all compromising foreign partners, who will be and what I saw as attorney general, they those members of the United States Senate unwilling to join with the United States in aren’t. That is not to say that civilian courts who stood on the senate floor eight years ago future secret or covert operations if doing so cannot ever handle terrorist prosecutions, and declared that the perpetrators of these will risk exposure in the dangerous and hos- but rather that their role in a war on ter- attacks would answer to the American peo- tile communities where they operate. This ror—to use an unfashionably harsh phrase— ple. The American people will not under- poses a clear and present danger to the pub- should be, as the term ‘‘war’’ would suggest, stand why those same senators now vote to lic. The safety and security of the American a supporting and not a principal role. allow our cherished federal courts to be ma- people is the President’s and Congress’s The challenges of a terrorism trial are nipulated and used as a stage by the ‘‘mas- highest duty. overwhelming. To maintain the security of termind of 9/11’’ and his co-conspirators to Former Attorney General Michael the courthouse and the jail facilities where condemn this nation and rally their fellow Mukasey recently wrote in the Wall Street defendants are housed, deputy U.S. marshals terrorists the world over. As one New York Journal that ‘‘the challenges of terrorism must be recruited from other jurisdictions; City police detective, who lost 60 fellow offi- trials are overwhelming.’’ Mr. Mukasey, for- jurors must be selected anonymously and es- cers on 9/11, told members of the Department merly a federal judge in the Southern Dis- corted to and from the courthouse under of Justice’s Detainee Policy Task Force at a trict of New York, presided over the multi- armed guard; and judges who preside over meeting last June, ‘‘You people are out of defendant terrorism prosecution of Sheikh such cases often need protection as well. All touch. You need to hear the locker room Omar Abel Rahman, the cell that attacked such measures burden an already overloaded conversations of the people who patrol your the World Trade Center in 1993 and conspired justice system and interfere with the han- streets and fight your wars.’’ to attack other New York landmarks. In ad- dling of other cases, both criminal and civil. The President of the United States has dition to the evidentiary problems cited Moreover, there is every reason to believe stated that military commissions, promul- above, he expressed concern about court- that the places of both trial and confinement gated by congressional legislation and re- house and jail facility security, the need for for such defendants would become attractive cently reformed with even greater protec- anonymous jurors to be escorted under targets for others intent on creating may- tions for defendants, are a legal and appro- armed guard, the enormous costs associated hem, whether it be terrorists intent on in- priate forum to try individuals captured pur- with the use of U.S. marshals necessarily de- flicting casualties on the local population, or suant the 2001 Authorization for the Use of ployed from other jurisdictions, and the dan- lawyers intent on filing waves of lawsuits Military Force Act, passed by Congress in re- ger to the community which, he says, will over issues as diverse as whether those cap- sponse to the attack on America. Neverthe- become a target for homegrown terrorist tured in combat must be charged with less, on May 21, 2009, President Obama an- sympathizers or embedded Al Qaeda cells. crimes or released, or the conditions of con- nounced a new policy that Al-Qaeda terror- Finally, there is the sickening prospect of finement for all prisoners, whether convicted ists should be tried in Article III courts men like Khalid Sheikh Mohammed being or not. ‘‘whenever feasible.’’ brought to the federal courthouse in Lower Even after conviction, the issue is not We strongly object to the President cre- Manhattan, or the courthouse in Alexandria, whether a maximum-security prison can ating a two-tier system of justice for terror- Virginia, just a few blocks away from the hold these defendants; of course it can. But

VerDate Nov 24 2008 04:57 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.005 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11157 their presence even inside the walls, as imum security prison, he sharpened a plastic Nevertheless, critics of Guantanamo seem proselytizers if nothing else, is itself a dan- comb into a weapon and drove it through the to believe that if we put our vaunted civilian ger. The recent arrest of U.S. citizen Michael eye and into the brain of Louis Pepe, a 42- justice system on display in these cases, Finton, a convert to Islam proselytized in year-old Bureau of Prisons guard. Mr. Pepe then we will reap benefits in the coin of prison and charged with planning to blow up was blinded in one eye and rendered nearly world opinion, and perhaps even in that part a building in Springfield, Ill., is only the lat- unable to speak. of the world that wishes us ill. Of course, we est example of that problem. Salim was prosecuted separately for that did just that after the first World Trade Cen- Moreover, the rules for conducting crimi- crime and found guilty of attempted murder. ter bombing, after the plot to blow up air- nal trials in federal courts have been fash- There are many words one might use to de- liners over the Pacific, and after the em- ioned to prosecute conventional crimes by scribe how these events unfolded; ‘‘success- bassy bombings in Kenya and Tanzania. conventional criminals. Defendants are fully’’ is not among them. In return, we got the 9/11 attacks and the granted access to information relating to The very length of Mr. Ghailani’s deten- murder of nearly 3,000 innocents. True, this their case that might be useful in meeting tion prior to being brought here for prosecu- won us a great deal of goodwill abroad—peo- the charges and shaping a defense, without tion presents difficult issues. The Speedy ple around the globe lined up for blocks out- regard to the wider impact such information Trial Act requires that those charged be side our embassies to sign the condolence might have. That can provide a cornucopia tried within a relatively short time after books. That is the kind of goodwill we can do of valuable information to terrorists, both they are charged or captured, whichever without. those in custody and those at large. comes last. Even if the pending charge Thus, in the multidefendant terrorism against Mr. Ghailani is not dismissed for vio- Mr. MCCAIN. Mr. President, I urge prosecution of Sheik Omar Abdel Rahman lation of that statute, he may well seek ac- my colleagues, who will be made aware and others that I presided over in 1995 in fed- cess to what the government knows of his of a letter from Mr. Holder and Sec- eral district court in Manhattan, the govern- activities after the embassy bombings, even retary Gates, who are urging defeat of ment was required to disclose, as it is rou- if those activities are not charged in the this amendment, to look at the views tinely in conspiracy cases, the identity of all pending indictment. Such disclosures could of the previous Attorney General of the known co-conspirators, regardless of whether seriously compromise sources and methods United States, which are diametrically they are charged as defendants. One of those of intelligence gathering. opposed. Finally, the government (for undisclosed coconspirators, relatively obscure in 1995, The 9/11 families say—and I am sure was Osama bin Laden. It was later learned reasons) has chosen not to seek the death that soon after the government’s disclosure penalty against Mr. Ghailani, even though they represent all of the 9/11 families— the list of unindicted co-conspirators had that penalty was sought, albeit unsuccess- We adamantly oppose prosecuting the 9/11 made its way to bin Laden in Khartoum, fully, against those who stood trial earlier. conspirators in Article III courts, which Sudan, where he then resided. He was able to The embassy bombings killed more than 200 would provide them with the very rights learn not only that the government was people. that may make it possible for them to escape aware of him, but also who else the govern- Although the jury in the earlier case de- the justice which they so richly deserve. We ment was aware of. clined to sentence the defendants to death, believe that military commissions, which It is not simply the disclosure of informa- that determination does not bind a future have a long and honorable history in this tion under discovery rules that can be useful jury. However, when the government deter- country dating back to the Revolutionary to terrorists. The testimony in a public trial, mines not to seek the death penalty against War, are the appropriate legal forum for the particularly under the probing of appro- a defendant charged with complicity in the individuals who declared war on America. priately diligent defense counsel, can elicit murder of hundreds, that potentially distorts With utter disdain for all norms of decency evidence about means and methods of evi- every future capital case the government and humanity, and in defiance of the laws of dence collection that have nothing to do prosecutes. Put simply, once the government warfare accepted by all civilized nations, with the underlying issues in the case, but decides not to seek the death penalty against these individuals targeted tens of thousands which can be used to press government wit- a defendant charged with mass murder, how of civilian non-combatants, brutally killing nesses to either disclose information they can it justify seeking the death penalty 3,000 men, women and children, injuring would prefer to keep confidential or make it against anyone charged with murder—how- thousands more, and terrorizing millions. appear that they are concealing facts. The ever atrocious—on a smaller scale? I would be glad to respond to a ques- alternative is to lengthen criminal trials be- Even a successful prosecution of Mr. Ghailani, with none of the possible obstacles tion from the Senator from Illinois. yond what is tolerable by vetting topics in Mr. DURBIN. Mr. President, I thank closed sessions before they can be presented described earlier, would offer no example of in open ones. how the cases against other Guantanamo de- the Senator from Arizona. I would ask In June, Attorney General Eric Holder an- tainees can be handled. The embassy bomb- the Senator if he would be kind enough nounced the transfer of Ahmed Ghailani to ing case was investigated for prosecution in to ask unanimous consent that I could this country from Guantanamo. Mr. Ghailani a court, with all of the safeguards in han- follow him, speaking after his remarks. was indicted in connection with the 1998 dling evidence and securing witnesses that Mr. MCCAIN. Mr. President, I ask bombing of U.S. Embassies in Kenya and attend such a prosecution. By contrast, the unanimous consent that the Senator Tanzania. He was captured in 2004, after oth- charges against other detainees have not from Illinois follow me. been so investigated. ers had already been tried here for that The PRESIDING OFFICER. Without bombing. It was anticipated that if those detainees Mr. Ghailani was to be tried before a mili- were to be tried at all, it would be before a objection, it is so ordered. tary commission for that and other war military commission where the touchstone Mr. MCCAIN. Mr. President, these are crimes committed afterward, but when the for admissibility of evidence was simply rel- the 9/11 families. All Americans were Obama administration elected to close Guan- evance and apparent reliability. Thus, the impacted by 9/11, the 9/11 families in tanamo, the existing indictment against Mr. circumstances of their capture on the battle- the most tragic fashion. This is a very Ghailani in New York apparently seemed to field could be described by affidavit if nec- strong letter from them concerning the essary, without bringing to court the par- offer an attractive alternative. It may be as strong desire that these 9/11 conspira- well that prosecuting Mr. Ghailani in an al- ticular soldier or unit that effected the cap- ready pending case in New York was seen as ture, so long as the affidavit and surrounding tors not be tried in article III courts an opportunity to illustrate how readily circumstances appeared reliable. No such but be tried according to the military those at Guantanamo might be prosecuted in procedure would be permitted in an ordinary commissions. civilian courts. After all, as Mr. Holder said civilian court. The 9/11 victims experienced an act of in his June announcement, four defendants Moreover, it appears likely that certain war against the United States, carried were ‘‘successfully prosecuted’’ in that case. charges could not be presented in a civilian out not on some distant shore but in It is certainly true that four defendants al- court because the proof that would have to our communities on the very symbols ready were tried and sentenced in that case. be offered could, if publicly disclosed, com- But the proceedings were far from exem- promise sources and methods of intelligence of our national power. Because it in- plary. The jury declined to impose the death gathering. The military commissions regi- volved attacks on innocent civilians penalty, which requires unanimity, when one men established for use at Guantanamo was and innocent civilian targets, it is a juror disclosed at the end of the trial that he designed with such considerations in mind. war crime. It is a war crime that was could not impose the death penalty—even It provided a way of handling classified in- committed by the 9/11 terrorists. It is though he had sworn previously that he formation so as to make it available to a de- important that we call things what could. Despite his disclosure, the juror was fendant’s counsel while preserving confiden- they are and not gloss over the essence permitted to serve and render a verdict. tiality. The courtroom facility at Guanta- of these events, even though they oc- Mr. Holder failed to mention it, but there namo was constructed, at a cost of millions was also a fifth defendant in the case, of dollars, specifically to accommodate the curred 8 years ago. Mamdouh Mahmud Salim. He never partici- handling of classified information and the In response to the attacks, the Con- pated in the trial. Why? Because, before it heightened security needs of a trial of such gress quickly and overwhelmingly began, in a foiled attempt to escape a max- defendants. passed the Authorization for Use of

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.008 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11158 CONGRESSIONAL RECORD — SENATE November 5, 2009 Military Force giving the President the war crimes and that the proper forum prosecution of a terrorist in an Amer- authority to ‘‘use all necessary and ap- for bringing the war criminals to jus- ican court. propriate force against those nations, tice is a military tribunal consistent Who disagrees with this amendment? organizations, or persons he deter- with longstanding traditions in this It is not just this Senator from Illinois. mines planned, authorized, committed, country that date back to George It would be our Secretary of Defense, or aided the terrorist attacks that oc- Washington’s Continental Army during Robert Gates, and our Attorney Gen- curred on September 11, 2001. . . .’’ The the founding of the Republic. eral, Eric Holder. Here is what they Senate passed this legislation unani- For that reason, I urge my colleagues said in a letter to all Members of the mously. to support this amendment so that the Senate about this amendment: The Authorization for Use of Mili- prosecution of war crimes will take We write to oppose the amendment pro- tary Force recognized the true nature place in the traditional and long-ac- posed by Senator Graham (on behalf of him- of these attacks and committed the en- cepted forum of a military tribunal, as self and Senators McCain and Lieberman). tire resources of the United States to the Congress overwhelmingly enacted . . . This amendment would prohibit the use of Department of Justice funds ‘‘to com- our self-defense in light of the grave in 2006 and which the National Defense mence or continue the prosecution in an Ar- threat to our national security and for- Authorization Act for 2010 amended ticle III court of the United States of an in- eign policy. The United States does not and improved in a statute that was en- dividual suspected of planning, authorizing, go to war over a domestic criminal act, acted into law by President Obama just organizing, committing, or aiding the at- nor should it. It was clearly understood days ago. tacks on the United States and its citizens at that time that far more was at Again, I hope we will, as we have in that occurred on September 11, 2001.’’ stake. We sent our sons and daughters the past, listen to the families of 9/11. They go on to say: off to war, where they have been brave- From the trauma and sorrow of the As you know, both the Department of Jus- ly risking their lives and futures on tragedy they experienced in the loss of tice and the Department of Defense have re- our behalf for the last 8 years. their families, they became a force. sponsibility for prosecuting alleged terror- Given the facts and history of the They became a force that without ists. Pursuant to a joint prosecution pro- tocol, our departments are currently en- 9/11 attacks, we should not deal with them we would have never had the 9/11 gaged in a careful case-by-case evaluation of the treachery and barbarism of the Commission, we would have never been the cases of Guantanamo detainees who have slaughter of thousands of innocent ci- able to make the reforms that arguably been referred for possible prosecution, to de- vilians as a matter of law enforcement have made our Nation much safer. termine whether they should be prosecuted in the ordinary sense. To do so would Now, today, the families are standing in an Article III, court or by military com- belittle the events that transpired, the up and saying: Try these war criminals mission. We are confident that the forum se- symbolism and purpose of the attacks, according to war crimes which they lection decisions that are made pursuant to this process will best serve our national se- the huge number of lives that were committed—the heinous acts of 9/11, curity interests. lost, and the threat posed to the United which I know Americans will never for- We believe it would be unwise, and would States—which continues in the caves get. set a dangerous precedent, for Congress to and sanctuaries of al-Qaida to this day. Mr. President, I hope we will vote in restrict the discretion of either department During my life, I have been a warrior, favor of the amendment. to fund particular prosecutions. The exercise although that seems a long time ago I yield the floor. of prosecutorial discretion has always been now. I have some experience in the re- The PRESIDING OFFICER. The Sen- and should remain an Executive Branch ality of combat and the suffering it ator from Illinois. function. We must be in a position to use every lawful instrument of national power— brings. I know something of the law of Mr. DURBIN. Mr. President, I have including both courts and military commis- war, having fought constrained by it great respect for my colleagues from sions—to ensure that terrorists are brought and having lived through it, with the Arizona and Connecticut, but I respect- to justice and can no longer threaten Amer- help of my comrades and my faith, fully disagree with them on this ican lives. times when my former enemy felt un- amendment. For these reasons, we respectfully request constrained by it. If this amendment passes, it will say that you oppose this amendment. No, the attacks of 9/11 were not a that the only people in the world who This amendment would hinder Presi- crime; they were a war crime. Together cannot be tried in the courts of Amer- dent Obama’s efforts to combat ter- with my colleagues in Congress, I have ica for crimes of terrorism are those rorism. That is why the Secretary of worked closely with the President to who are accused of terrorism on 9/11. Defense and the Attorney General have provide a means to address war crimes Think about that for a moment. The written to each one of us urging us to committed against this country in a argument is being made that we should vote no. war crimes tribunal—the Military say to the President and Attorney Gen- The Graham amendment would be an Commissions Act of 2009. It was de- eral that when they plot their strategy unprecedented intrusion into the au- signed specifically for this purpose. It to go after the men and women respon- thority of the executive branch of our should be used not to mete out a guilty sible for 9/11, we will prohibit them, by government to combat terrorism. There is a great argument. For 8 long verdict and sentence that could not be the language of this amendment, from years, Republicans argued it was inap- achieved in Federal criminal court but considering the prosecution of these propriate to interfere in any way with to call things what they are, to be terrorists in the courts of America. President Bush’s Commander in Chief unshakable in our resolve to respond to What are the odds of prosecuting a authority. Time and again, we were the unprecedented attacks of 9/11 con- terrorist successfully in the courts of told by our Republican colleagues that sistent with the Authorization for Use America, our criminal courts, as op- it is inappropriate and even unconsti- of Military Force and to tell this and posed to military commissions, com- tutional for Congress to ask basic ques- any future enemy that when they at- missions that have been created by tions about the Bush administration’s tack our innocent civilians at home, law, argued before the Supreme Court, policies on issues such as Iraq, Guanta- we will not be sending the police after debated at great length? What are the namo, torture, or warrantless wire- them to make an arrest. odds of a successful prosecution of a By denying funds to the Department terrorist in the courts of our land as tapping. Time and again, we were told of Justice to prosecute these horren- opposed to a military commission? I that Congress should defer to the De- dous crimes in article III courts, I do can tell you what the odds are. They fense Department’s expertise. Let me give one example. On Sep- not mean these outrages against our are 65 to 1 in favor of prosecution in tember 19, 2007, the author of this country and its citizens should go our courts. Mr. President, 195 terrorists amendment, Senator GRAHAM, said, unpunished. In fact, I have long argued have been prosecuted in our courts and I quote: that justice in these cases was long since 9/11. Three have been prosecuted overdue and that prosecutions should by military commissions. But the The last thing we need in any war is to have the ability of 535 people who are wor- be pursued as expeditiously as possible. offerers of this amendment want to tie ried about the next election to be able to Rather, my support for this amend- the hands of our Department of Justice micromanage how you fight the war. This is ment is based on my unshakable view and tell them: You cannot spend a not only micromanagement, this is a con- that these events were acts of war and penny, not one cent, to pursue the stitutional shift of power.

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.044 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11159 Just 2 years later, a different Presi- the so-called Blind Sheikh; Richard cessful prosecution to turn to a mili- dent of a different party, and my Re- Reid, the Shoe Bomber; Zacarias tary commission over a regular Federal publican colleagues have a different Moussaoui; Ted Kaczynski, the court in America, that should be the view. My colleagues think Congress Unabomber; and Terry Nichols, the President’s decision, the decision of his should not defer to that very same De- Oklahoma City coconspirator. They Attorney General, the decision of the fense Secretary, Robert Gates, and were all accused of terrorism. Some prosecutors, not the decision of Mem- they think it is not only appropriate were citizens of the United States, bers of the Senate who do not know the but urgent for Congress to tie the some not. All were tried in the same facts of the case and don’t know the hands of this administration, making article III courts which this amend- likelihood of prosecution. it more difficult to bring terrorists to ment would prohibit—would prohibit— Defense Secretary Gates and Attor- justice. Clearly, there is a double our President and Attorney General ney General Holder have developed a standard at work. from using. joint protocol to determine whether in- Some of my Republican colleagues In fact, there is precedent for con- dividual cases should be tried in Fed- argue that Federal courts are not well victing terrorists who were involved in eral courts or commissions. The Presi- suited to prosecute terrorists, and ter- the bombing of U.S. Embassies in Tan- dent worked closely with Congress to rorists should only be prosecuted by zania and Kenya, the same attack in reform the military commissions so he military commissions. But look at the which Ahmed Ghailani was allegedly would have another lawful tool to use facts. Since 9/11, 195 terrorists have involved. In 2001, four men were sen- in the fight against terrorism. The two been convicted in Federal courts. Three tenced to life without parole at the lead cosponsors of the amendment be- have been convicted by military com- Federal courthouse in Lower Manhat- fore us, Senator MCCAIN and Senator missions. Again, the odds are 65 to 1 tan, the same court in which Mr. GRAHAM, who is on the Senate floor, that if we want to find a terrorist Ghailani will be tried. To argue that were very involved in that effort, as guilty and be incarcerated for endan- we cannot successfully prosecute a ter- was Senator LEVIN of Michigan, the gering or killing Americans, it is bet- rorist in American courts is to ignore chairman of our Armed Services Com- ter to go to a regular court in America the truth and ignore history. mittee. They sat down to rewrite the than to a military commission. That is Susan Hirsch lost her husband in the rules for military commissions be- the record since 9/11. Kenya Embassy bombing. She testified cause, frankly, we haven’t had a great According to the Justice Depart- at the sentencing hearing for the four deal of success with prosecutions of ment, since January 1 of this year, terrorists who were convicted in 2001. terrorists with military commissions. more than 30 terrorists have been suc- Mrs. Hirsch said she supports the Only three cases have gone before the cessfully prosecuted or sentenced in Obama administration’s decision to Supreme Court, raising issues about Federal courts. I would like to ask my prosecute Ahmed Ghailani for that military commissions, the standard of colleagues behind this amendment and same bombing that took the life of her justice, due process, and fairness. their inspiration, the Wall Street Jour- husband. She said, and I quote: Now there is a new effort by Presi- nal: Was this a mistake, taking ac- I am relieved we are finally moving for- dent Obama, with the bipartisan help cused terrorists into our courts and ward. It is really, really important to me of Members of the Senate. So I am not successfully prosecuting them under that anyone we have in custody accused of standing here in criticism of the use of the laws of America? acts related to the deaths of my husband and military commissions, but I am stand- Clearly, it was not. The Department others be held accountable for what they ing here taking exception to the point of Justice made the right decision ef- have done. of view that we should preclude pros- fectively prosecuting these individuals Mrs. Hirsch also said she believes it ecutions in any other forum than mili- and, equally important, showing to the is safe to try Ahmed Ghailani in a Fed- tary commissions of the terrorists of world we would take these people ac- eral court. I quote her again: ‘‘I have 9/11. President Obama may very well cused of terrorism into the very same some trust in the New York Police De- choose to try Khalid Sheikh Moham- system of justice that applies to every partment’’ based on her experience at mad and other terrorists in military one of us as American citizens, hold the 2001 trial. commissions. That should be his them to the same standards of proof, Listen to what she said about the choice. Let him choose the forum, the give them the rights that are accorded critics of this administration: ‘‘They’re most effective forum to pursue justice to them in our court system, and come just raising fear and alarm.’’ This is and to protect America from future to a just verdict. from the widow of a terrorist bombing acts of terrorism. That is an important message. It is a where the terrorists have been brought In their letter to Senators REID and message which says we can treat these to justice in the courts of our land. MCCONNELL, Secretary Gates and At- individuals in our judicial system in a I agree with Susan Hirsch. I have torney General Holder said it well, and fair way and come to a fair conclusion faith in the New York Police Depart- I quote them again: and find justice, and we did—195 times ment. I have faith in our law enforce- We must be in a position to use every law- since 9/11, 30 times just this year. ment agencies, I have faith in our ful instrument of national power, including Recently, the administration trans- courts, and I have faith in our system both courts and military commissions, to en- ferred Ahmed Ghailani to the United of justice. sure that terrorists are brought to justice States to prosecute him for involve- We know how to prosecute terrorists, and can no longer threaten American lives. ment in the 1998 bombings of our Em- and we know how to hold them safely. The decision may be reached at some bassies in Kenya and Tanzania. Those We have living proof in 195 prosecu- future date by the administration, with bombings killed 224 people, including 12 tions since 9/11 and 350 convicted ter- the concurrence of the Secretary of De- Americans. My colleagues on the other rorists being held today in America’s fense and the Attorney General, that it side of the aisle have been very critical jails across the United States. is a better forum to move to military of this administration’s decision to The Graham amendment is not about commissions for a variety of reasons. bring this man to justice in the courts whether military commissions are su- They could be issues of national secu- of America. One of them, a House Re- perior to Federal courts. The amend- rity. They could be issues of evidence. publican Member from Virginia, ERIC ment doesn’t just express a preference But do we want to take away from CANTOR, said, and I quote: for one over the other. The amendment them with this pending amendment the We have no judicial precedence for the con- expressly prohibits this administration right to make that decision? Why viction of someone like this. and the Department of Justice from would Congress choose to take away That is from Congressman CANTOR. trying a terrorist in a Federal court. one of these lawful instruments from Unfortunately, the Congressman is The truth is, President Obama may the President, our Commander in wrong. There are many precedents for choose to try the 9/11 terrorists in mili- Chief? Don’t we want the President to convicting terrorists in U.S. courts. I tary commissions. That should be the have the use of every lawful tool to will name a few: Ramzi Yousef, the President’s decision. If it is his deci- bring these terrorists to justice? mastermind of the 1993 World Trade sion that it is in the interests of the se- One word in closing. I have the great- Center bombing; Omar Abdel Rahman, curity of the United States or in a suc- est respect for the families of 9/11.

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.045 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11160 CONGRESSIONAL RECORD — SENATE November 5, 2009 Those who have spoken out on behalf a place for 200 detainees in America, I national Criminal Court at the Hague, of this amendment, I respect them don’t agree with. We have done that be- in terms of due process rights for de- greatly. They have been a force in fore. These people are not 10 feet tall. tainees. It also recognizes we are at America since the untimely and tragic They are definitely dangerous, but as a war. This military commission system, deaths of members of their families. nation I believe we could start over. while transparent, with the ability to They forced on the previous adminis- By closing Guantanamo Bay in a log- appeal all verdicts to the civilian sys- tration a dramatic investigation of 9/11 ical, rational way, we would be improv- tem, has safeguards built in it to recog- and where our government had failed ing our ability to effect the outcome of nize we are at war and how you handle and what we could do to improve the war in the Mideast because we evidence and access the evidence and things. They have become a voice and a would be taking a tool away from the intelligence sources are built into that force in so many other respects since enemy. military system that are not built into that awful day of 9/11. But they don’t President Obama and Senator civilian courts. speak with one voice on this issue. MCCAIN both, when they were can- Since this country was founded, we Many support the pending amendment; didates, agreed with the idea of closing have historically used military com- others see it differently. Guantanamo Bay and reforming inter- missions as a venue to try suspected Susan Hirsch, whose husband was rogation policy. war criminals caught on battlefields. lost in a terrorism bombing in Africa, To most Americans, it is kind of: Why have I brought forth this amend- clearly sees it differently than these Why are we worried about what we do ment? I have been told by too many survivors of 9/11. With the greatest re- with these guys, because they would people, with reliable access, that the spect for those who support this cut our heads off. You are absolutely administration is planning on trying Khalid Shaikh Mohammed—the mas- amendment, I would say there are oth- right. It is not lost upon me or any termind of 9/11, the perpetrator of the ers who see this in a much different other military member out there that attacks against our country in Wash- light. the enemy we are dealing with knows ington, Pennsylvania, and New York— I urge my colleagues to reject the no boundaries and they are barbarians in Federal court in the lower district of Graham amendment. It is an unprece- and brutal. Manhattan. If that is true, you have dented effort to interfere with the ex- The question is not about them but about us. The fact that we are a civ- lost me as a partner. ecutive branch’s prosecutorial discre- Why do I say that? It would be the ilized people is not a liability, it is an tion and President Obama’s genuine ef- biggest mistake we could possibly asset. So when you capture a member forts to combat terrorism. make, in my view, since 9/11. We would of al-Qaida, I have always believed it I yield the floor. be giving constitutional rights to the The PRESIDING OFFICER. The Sen- becomes about us, not them. We need mastermind of 9/11, as if he were any interrogation techniques that will ator from South Carolina. average, everyday criminal American Mr. GRAHAM. Mr. President, I ap- allow us to get good intelligence and citizen. We would be basically saying preciate Senator LEVIN allowing me to make the country safe. We need to un- to the mastermind of 9/11, and to the speak now. I know we are going back derstand we are at war, and the people world at large, that 9/11 was a criminal and forth. I appreciate that. we are dealing with are some of the act, not an act of war. To my friend, Senator DURBIN, it is hardest, meanest people known since I do believe in prosecutorial discre- my honest desire that as we move for- the Nazis. tion and executive branch discretion. I ward with what to do with Guanta- But if you try to say, in the same introduced this amendment reluctantly namo Bay, we can find some biparti- breath, that anything goes to get that but with all the passion and persuasion sanship and close the facility. I am one information, it will come back to I can muster to tell my colleagues: Act of the few Republicans who expressed haunt you. So some of the interroga- now, so we will get this right later. that thought, simply because I have tion techniques we have used that Congress said we are not going to fund listened enough to our commanders to come from the Inquisition got us some the closing of Gitmo. Well, is Congress know—General Petreaus, Admiral information, but I can assure you it meddling in the ability of the Com- Mullen, and others—that Guantanamo has created a problem. Ask anybody in mander in Chief to run a military jail? Bay has become a symbol for recruit- the Mideast who has to deal with Hell, yes, because we don’t know what ment and propaganda usage against America. They will tell you this has the plan is. We have an independent American forces in the war on terror. been a problem. You don’t need to do duty as Members of Congress to make It is probably the best run jail in the that to protect this country. You can sure there is balance. This Nation is at world right now, to those of us who have interrogation techniques that get war. It is OK for us to speak up. As a have been down there. To the ground you good information but also adhere matter of fact, it has been too much forces, I wish to acknowledge your pa- to all your laws. passing—too many passes during the triotism and your service. It is a tough As to the trials, some people wonder: Bush administration, where Congress place to do duty because there are Why do we care about this? They sort of sat back and watched things some pretty tough characters down wouldn’t give us a trial. You are abso- happen. Don’t watch this happen. Get there. lutely right. The fact that our country on the record now, before it is too late, At the end of the day, I have tried to will give the worst terrorist in the to tell the President we are not going be helpful where I could, and I will tell world a trial with a defense attorney, to sit by as a body and watch the mas- you in a little detail why I am offering for free; a judge who is going to base termind of 9/11 go into civilian court this amendment. But my hope was that his decision on facts and law and not and criminalize this war. If he goes to when President Obama was elected, we prejudice; a jury, where the press can Federal court, here is what awaits: a could find a way to reform Guanta- show up and watch the trial; and the chaos zoo trial. namo Bay policy, detainee policy, be- ability to appeal the result, makes us Yes, we have taken people into Fed- cause I have been a military lawyer for stronger, not weaker. So count me in eral court before for acts of terrorism. 25 years. I do understand detainee pol- for starting over with Guantanamo We took the Blind Sheik—the first guy icy affects the war effort. If we mess it Bay, with a new legal process that rec- to try to blow up the World Trade Cen- up, if we abuse detainees, we can turn ognizes we have had abuses in the past ter—and put him in civilian court. We populations against us that will be and we are going to chart a new course. treated these people as common crimi- helpful in winning the war. Regarding the Military Commission nals. What a mistake we made. What if One of the great things that hap- Act that just passed the Congress, I we had treated them as warriors rather pened in World War II is that we had wish to say publicly that Senator than a guy who robbed a liquor store? over 400,000 German prisoners, Japa- LEVIN was a great partner to work Where would we have been in 2001 if we nese prisoners housed in the United with. The military commission system had the foresight in the 1990s to recog- States. We took 40,000 hard-core Nazis we have in place today has been re- nize that we are at war and these peo- from the British and put them in formed. I think it is a model justice ple are not some foreign criminal car- American military jails in the United system that I will put up against any tel; they are warriors bent on our de- States. So this idea that we can’t find in the world, including the Inter- struction who have been planning for

VerDate Nov 24 2008 23:52 Nov 05, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.046 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11161 years to attack this country and are tional rights as anybody listening to I, along with Senator LEVIN, was at planning, as I speak, to attack us me in America who is a citizen. The Guantanamo Bay the day Khalid again? military commission system will be Shaikh Mohammed appeared before the We are not fighting crime. We are transparent. He will have his say in Combat Status Review Tribunal. We fighting a war. The war is not over. court. He will have the ability to ap- were in the next room. We listened on What happened in the Blind Sheik peal a conviction to our civilian a monitor. You could see him and could trial? Because it was a civilian court, judges. He will be defended by a mili- hear the chains rattle next door when built around trying common criminals, tary lawyer—or private attorney, if he he went through great detail about 9/11 the court didn’t have the protections wants to be. He will be presumed inno- and all the other acts of terrorism he military commissions will have to pro- cent until found guilty. It will be re- planned against our country. tect this Nation’s secrets and classified quired by the ‘‘beyond a reasonable I never will forget when he told the information. As a result of that trial, doubt’’ standard for him to be found military judge that he was a high- the unindicted coconspirator list was guilty of anything. ranking commander in the al-Qaida provided to the defense as part of dis- For those who are wondering about military organization and he appre- covery in a Federal civilian criminal military commissions, I can tell you ciated being referred to as a military court. That unindicted coconspirator the bill we have produced I will put up commander. Some would say: You list was an intelligence coup for the against any system in the world. To don’t want to elevate this guy. What I enemy. It went from the defense coun- those who think it is no big deal to would say is you want to understand sel, to the defendant, to the Mideast. send Khalid Shaikh Mohammed to Fed- who he is. If you think he is a common Al-Qaida was able to understand, from eral court, I could not disagree with criminal, no different than any other that trial, whom we were looking at you more. What you will have done is person who wants to hurt people, you and whom we had our eye on. set in motion the dynamic that led to have made a mistake. During the 1990s, we tried to treat criminalizing the war in the 1990s. You Khalid Shaikh Mohammed is bent on these terrorist warriors as just some will have lost focus, yet again. You will our destruction. He did not attack us other form of crime. It was a mistake. have been lured into the sense that we for financial gain. He attacked us be- Don’t repeat it. If you take Khalid are not at war, that these are just a cause he hates us. He is every bit as Shaikh Mohammed, the mastermind of bunch of bad people committing dangerous as the Nazis. These people 9/11, and put him in Federal civilian crimes. The day we take the master- we are fighting are very dangerous peo- court, you will have learned nothing mind of 9/11 and put him in Federal ple. I am insistent they get a trial con- from the 1990s. You will have sent the court, who the hell are you going to try sistent with our values, that they do wrong signal to the terrorists and to in the military commission? How can not get railroaded, that they get a our own people. you tell that detainee you are an chance to defend themselves. The Judge Mukasey, who presided over enemy combatant, you are a bad guy? media will see how the trial unfolds the Blind Sheik trial, wrote an op-ed You are at war, but the guy who and you can see most of it, if not all of piece about how big a mistake it would planned the whole thing is just a com- it. But I am also insistent that we not be to put the 9/11 coconspirators into mon criminal. What a mistake we take our eye off the ball. It has been a Federal court. He went into great de- would make. long time since we have been attacked. tail about the problems you would have It is imperative this Nation have a For a lot of people—those who were on trying these people in a civilian court. legal system that recognizes we are at the front lines of 9/11—they relive it He became our Attorney General. So if war and that we have rules to protect every night. It replays itself over and you don’t listen to me, listen to the this country’s national security bal- over every night of their lives. judge who presided over the trial in the ance against the interests and the For the rest of us, please do not lose 1990s. rights of the accused detainee. The sight of the fact that this country is I don’t know what they are going to military commission forum has created engaged in an armed conflict with an do in the Obama administration. If I that balance. It is a system built enemy that knows no boundaries, has believed they were going to do some- around war, a system built around the no allegiance to anything beyond their thing other than take Khalid Shaikh rules of military law, a system that radical religion, and is conspiring to Mohammed to Federal court in New recognizes the difference between a attack us as I speak. York, I would not introduce this common criminal and a warrior, a sys- When we try them, we need to under- amendment. I know this is not a cava- tem that understands military intel- stand that the trial itself is part of the lier thing to do. I have taken some ligence is different than common evi- war effort. How we do the trial can grief for trying to help the President dence. If we do not use that system for make us safer or it can make us weak- form new policies with Guantanamo the guy who planned 9/11, we will all re- er. If we criminalize this war, it would Bay and reject the arguments made by gret it. take the man who planned the attacks some of my dear friends that these peo- My amendment is limited in scope. It of 9/11 and put him in civilian court. It ple are too dangerous to bring to the is a chance for you, as a Member of the is going to be impossible with a United States. We can find a way to Senate, to speak up about what you straight face to take somebody under bring them to the United States; we would like to see happen as this Nation him and put him in a military court. just have to be smart about it. moves forward and our desire to cor- And the day you put him back in civil- To our military men and women who rect past mistakes and defend this Na- ian court, you are going to create the will be administering the commission, tion, which is still at war this very problems Judge Mukasey warned us my biggest fear has always been that day. It is a chance for you to have a against. You are going to have evi- the military commission system will say, on behalf of your constituents, as dence compromised and you are going become a second-class justice system. to how they would like to see this Na- to regret it. Nothing could be further from the tion defend itself. I hope to continue to work with the truth. The men and women who admin- I argue that most Americans—not administration to find a way to close ister justice in the military commis- just the 9/11 families—would be very Guantanamo Bay, to create a trans- sion system are the same judge advo- concerned to learn that the man who parent legal system that will allow cates and jurors who administer justice planned the attacks that killed 3,000 of every detainee their day in court, due to our own troops. The Judge Advocate our fellow citizens—who would do it process rights they deserve based on General of the Navy said the new mili- again tomorrow—is going to be treated our law, not based on what they have tary commission system is such that the same as any other criminal. No done but based on who we are as a peo- he would not hesitate to have one of good will come from that. You will ple. our own tried in it. have compromised the military com- The 20th hijacker said this in Federal We will gain nothing, in terms of im- mission system beyond repair. You will court—the victims were allowed to tes- proving our image, by sending the mas- have adopted the law enforcement tify about the impact of 9/11. They had termind of 9/11 to a New York civilian model that failed us before, and we will a U.S. Navy officer talking about being court, giving him the same constitu- not be a better people. at the Pentagon and the impact on her

VerDate Nov 24 2008 02:24 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.047 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11162 CONGRESSIONAL RECORD — SENATE November 5, 2009 life and on her friends. During the tes- country. Timothy McVeigh was one of how best to handle detainees. Experts timony, the officer started to cry. Here the greatest mass murderers this Na- and judges across the political spec- is what the defendant said, Moussaoui, tion has ever known and we had no dif- trum have agreed that our criminal the 20th hijacker: ficulty trying him and convicting him justice system can handle this chal- I think it was disgusting for a military and executing him using our laws and lenge and indeed has handled it many person to pretend that they should not be our article III courts. times already. killed as an act of war. She is military. The real intent of this amendment is We are a nation that fought hard to It was a Navy female officer. clear, to ensure that the detainees held at Guantanamo Bay, some who have have a strong, independent judiciary, She should expect that the people who are with a history of excellence. Do we now at war with her will try to kill her. been held for years without charge, can only be tried by military commissions. want to say to the world that in spite This is the 20th hijacker in civilian of all of our power, our history, our court: As a former prosecutor, I find it deep- ly troubling that the Senate would be strong judiciary, that we are not up to I will never, I will never cry because an asked to prohibit the administration trying those who struck us in our tra- American bombed my camp. from trying even dangerous terrorists ditional federal courts? I think we If you have any doubt that we are at in our Federal courts. These Senators should say just the opposite, that we war, the one thing you ought to be cer- should not use an amendment that po- can and will prosecute these people in tain of, they have no doubt that they liticizes decisions about significant a way that will gain the respect of the are at war with us. prosecutions as a backdoor to require whole world and protect our nation. The one thing the men and women the use of military commissions. Republican luminaries, such as General who go off to fight this war should ex- The administration has worked hard pect of their government and of their Colin Powell, have agreed with this to revise the military commissions to idea. Congress is to watch their back the make sure that they meet constitu- best we can. We would be doing those tional standards. However, their use In fact, one of the things we tend to men and women a great disservice if we has been plagued with problems and re- forget is since January of this year put the mastermind of 9/11, who killed peatedly overturned by a conservative alone, over 30 terrorism suspects have the friends of this Navy officer, in a ci- Supreme Court. been successfully prosecuted or sen- vilian court that could lead to compro- In contrast, our Federal courts have tenced in Federal courts. Those federal mising events that would make their a long and distinguished history of suc- courts have sentenced individuals di- job harder. We would be doing them a cessfully prosecuting even the most rectly implicated by this amendment, disservice to act on our end as if we are atrocious violent acts, and they are re- such as Zacarias Moussaoui. not at war. spected throughout the world. When we Mr. President, I say to my col- If this amendment were law use our Federal courts, the rest of the Moussaoui, the so called ‘‘20th hi- leagues, they have a chance to speak. world recognizes that we are following jacker’’ who was directly involved in They have a chance to be on the record over 200 years of judicial history of the the planning of September 11, would for their constituents to send a signal United States of America. We earn re- that needs to be sent before it is too spect for doing so. not have been convicted by our federal late. Here is what I ask them to say The administration strongly opposes courts and sentenced to life in prison. with their vote: I believe we are at war this amendment. In a letter to the Sen- This amendment takes away one of the and that the legal system we are going ate leadership the Secretary of De- greatest tools we have to protect our to use to try people who attacked this fense, Robert Gates, and the Attorney national security—the ability to pros- country and killed 3,000 American citi- General of the United States, Eric ecute suspects in Federal court. In- zens should be a military legal system, Holder, warn that this amendment stead, as the Justice Department has consistent with us being at war. I will would ‘‘set a dangerous precedent’’ by said in its opposition to it, the Graham not, with my vote, go back to the law directing the Executive Branch’s pros- amendment would make it more likely enforcement model that jeopardized ecutorial determination. that terrorists will escape justice. our national security back in the nine- They also point out this amendment I believe as strongly as all Americans ties. I will insist that these detainees would prohibit them from being able to do that we should take all steps pos- have a full and fair trial and that they ‘‘use every lawful instrument of na- sible to prevent terrorism, and we must be treated appropriately. But I will tional power . . . to ensure that terror- ensure severe punishment for those not, with my vote, take the master- ists are brought to justice and can no mind of 9/11, the man who planned the longer threaten American lives.’’ who do us harm. As a former pros- attacks, who would do it tomorrow, If we really want to stop terrorists, if ecutor, I have made certain that per- and give him the same constitutional we really want to make sure they pay petrators of violent crime receive seri- rights as an average, everyday Amer- for their crime, why would we block off ous punishment. I also believe strongly ican in a legal system that is not built any of the avenues available to us? that we can ensure our safety and secu- around being at war. Two senior administration officials, in- rity, and bring terrorists to justice, in If they will say that, we will get a dividuals directly responsible for the ways that are consistent with the laws good outcome. If they equivocate, we disposition of these detainees, are tell- and the values that make us a great de- are slowly but surely going to create a ing us not to tie their hands in the mocracy. legal hodgepodge that will come back fight against terrorism. This Senator is The administration has said where to haunt us. listening to them, and I believe all possible they will try individuals in I yield the floor. Senators should listen to them. Federal courts. When we unnecessarily The PRESIDING OFFICER. The Sen- There has been an outpouring of op- preempt that option, we are saying we ator from Vermont. position against this amendment in- do not trust the legal system on which Mr. LEAHY. Mr. President, the cluding by numerous human rights we have relied for so long. All that does amendment that has been sponsored by groups such as Human Rights First, is give more ammunition to our en- Senators GRAHAM, MCCAIN, LIEBERMAN, the National Institute of Military Jus- and WEBB is wrong and it is unneces- tice, Constitution Project and Amnesty emies. It further hurts our standing sary. It would, as Senator GRAHAM International. around the world, a standing which has said, prohibit the prosecution of any We have also seen a strong public already suffered so much from the individual suspected of involvement declaration in support of trying ter- stain of Guantanamo Bay. Worse still with the September 11 attacks against rorism offenses in Federal courts, it sends the message to other countries the United States from being tried in signed by a bipartisan group of former that they do not have to use tradi- our article III courts. Members of Congress, high-ranking tional legal regimes with established The idea that we cannot try a ter- military officials and judges. protections for defendants if they are rorist and mass murderer in our courts The Senate Judiciary Committee has prosecuting American soldiers or civil- is beneath the dignity of this great held several hearings on the issue of ians.

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Madam President, I very tice Department that they only can ecutorial judgment—something I have much oppose the Graham amendment, consider one of the two tools that they never seen done before in 35 years and I want to take a few moments to could use against him; that they only here—it is also wrong to force an explain why. can consider the military commissions amendment politicizing prosecutions It has been argued that we are at but they can’t consider article III in the Commerce-Justice-Science ap- war. Indeed, we are. I can’t think of courts. propriations bill. I opposed the effort anything clearer, that any of us in this I have been deeply involved in rewrit- by some Republican Senators who country understands than we are at ing the military commissions law. wanted the Nation’s chief prosecutor to war. And being at war, it totally mys- That law, when we first wrote it, was agree in advance to turn a blind eye to tifies me why we would deny ourselves defective, and I argued against it be- possible lawbreaking before even inves- one of the tools that we could use cause it was defective. This body tigating whether it occurred. Repub- against people who are attacking us, adopted it. That is the way things licans asked for such a pledge, a com- who have attacked us, who will attack work. The majority decided to go with mitment that no prosecutor should us, who will kill us, who kill innocent it. It was not usable. So we took a give. To his credit, Eric Holder didn’t people. Why would we deny ourselves major step in the last few months to give that pledge. one of the tools which are available to revise the military commissions law. I Passing a far-reaching amendment try these people, to lock them up, or helped to lead that effort, and I know that takes away a powerful tool from execute them and throw away the key? how important it is. But it was never the Justice Department in bringing Why we would, by law, say this par- our intent to make that the exclusive terrorists to justice and usurps the At- ticular group of people can’t be tried in remedy for people who would attack us torney General’s constitutional respon- a Federal court, that they can only be or attack this country. We want that sibilities is not the path forward. All tried in a military commission, when remedy to be available if that is the administrations should be able to de- we have tried so many terrorists in most effective remedy. But there is cide who to prosecute and where they court, convicted them and executed nothing in that law that we wrote, or should be prosecuted. This amendment them, is something I do not under- intended, that said this would displace denies us the benefit of using not only stand. article III courts if the Justice Depart- our Federal courts, with their success- I believe we ought to not only throw ment decided the most effective place ful track record convicting terrorists, the book at these people, but I think to try an alleged terrorist was an arti- but also from using our Federal laws, we ought to throw both books at these cle III court. which are arguably more expansive and people. Why limit ourselves to one Are we actually, on the floor of the better suited for use in terrorism cases book—the book that sets the proce- Senate, going to decide which terror- than the narrower set of charges that dures for military commissions? Why ists should be tried in article III courts can be brought in a military commis- do we deny ourselves the opportunity, and which ones should be tried in mili- sion. We should not tie the hands of if it is more effective—for whatever tary commission courts? Why would we our law enforcement in their efforts to reasons the Justice Department deter- tie the hands of the Justice Depart- secure our national security. Any mines it is more effective—to pros- ment in that way? former prosecutor, any lawyer and any ecute in a Federal court? Why would I know Senator GRAHAM feels very citizen should know it is not the deci- we deny them that? strongly these should be tried in front sion of or an appropriate role for the In fact, under this amendment, they of military commissions, and if he were United States Senate. could not even continue the prosecu- the Justice Department, or if he were It is time to act on our principles and tion they had begun. The language of the Attorney General, he may make our constitutional system. Those we the amendment says either ‘‘to com- that decision, assuming he knows all believe to be guilty of heinous crimes mence or continue the prosecution in the facts that go into the decision. He should be tried, and when convicted, an Article III court.’’ So the question may make that decision, and he could punished severely. Where the adminis- isn’t whether these are the most dan- strongly recommend it to the Justice tration decides to try them in Federal gerous people around—they are. Department. But why would we decide courts, our courts and our prisons are I also went down to Guantanamo. I to displace the discretion of the Justice more than up to the task. I agree with went with Senator GRAHAM, and we Department is a mystery to me. I find the Justice Department that this watched the proceeding against Khalid it unacceptable. amendment ‘‘would ensure that the Shaikh Mohammed. I want us to use More importantly, the Attorney Gen- only individuals in the world who could all of the tools. I want them all to be eral and the Secretary of Defense find not be prosecuted under the criminal available. I want the Justice Depart- it unacceptable. They have urged us terrorist offenses Congress has enacted ment to be able to determine which is not to do this. They have written our would be those who are responsible for more effective, and not for us to decide leaders—Senator REID and Senator the most devastating terrorist acts in in a political setting, in a legislative MCCONNELL—opposing the Graham U.S. history.’’ That means that the setting, that they cannot use one of the amendment. only people in the world who could not tools which has been proven to be effec- They say in their letter that there is be prosecuted under our terrorism laws tive against dozens of terrorists. a joint prosecution protocol, and the are the people who committed the most What about the law of war? What departments are ‘‘currently engaged in devastating terrorist acts against us. about war crimes? The argument is a careful case-by-case evaluation of the That is Alice in Wonderland justice. It these are war crimes. As far as I am cases of Guantanamo detainees who makes no sense to have tough ter- concerned, they are crimes; they are have been referred for possible prosecu- rorism laws, to have the best judicial war crimes—both. War crimes can be tion, to determine whether they should system in the world and then, when prosecuted in an article III court. Let be prosecuted in an Article III court or terrorist acts are committed against me repeat that because the argument by military commission. We are con- us, to simply ignore that system and is these are war crimes. War crimes can fident that the forum selection deci- decide we cannot use it to prosecute be prosecuted in an article III court sions that are made pursuant to this those acts. It makes no sense. under our laws that we adopted about process will best serve our national se- Let us put aside heated and distorted 10 or 15 years ago. So Khalid Shaikh curity interests.’’ rhetoric and support the President in Mohammed needs to be given justice. That is the Attorney General of the his efforts to truly make our country He needs to be dealt with as strongly United States and the Secretary of De- safe and strong and a republic worthy as we possibly can and as effectively as fense. Can we truly say in the Senate of the history and values that have al- we possibly can. I believe he was the that we are going to displace that proc- ways made America great. mastermind of 9/11. I don’t think there ess which will determine what is the

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We must be in a posi- committed by one of the 9/11 detainees rial was ordered to be printed in the tion to use every lawful instrument of na- is not justiciable under the Military RECORD, as follows: tional power—including both courts and Commissions Act. So therefore we are OCTOBER 30, 2009. military commissions—to ensure that terror- going to say you have to prosecute him Hon. HARRY REID, ists are brought to justice and can no longer there anyway? A court could decide Majority Leader, U.S. Senate, Washington, DC. threaten American lives. that an offense under the Military Hon. MITCH MCCONNELL, If we adopt the Graham amendment, Commissions Act cannot be retro- Minority Leader, U.S. Senate, Washington, DC. we are saying no; we are only going to actively applied to an offense that took DEAR SENATORS REID AND MCCONNELL: We use one instrument of national power. place before the enactment of the act. write to oppose the amendment proposed by We are not going to consider both in- Senator Graham (on behalf of himself and In our language, they can be tried even Senators McCain and Lieberman) to H.R. struments of national power, and that though it is a retroactive application. is truly not only limiting our options 2847, the Commerce, Justice, Science, and What happens if that occurs and then a Related Agencies Appropriations Act of 2010. but tying one of our hands behind our court comes along, a court of appeals This amendment would prohibit the use of back in the essential prosecution of following a military commission, and Department of Justice funds ‘‘to commence these people. says: No, you can’t do that. Why would or continue the prosecution in an Article III Madam President, Zacarias we not want the Justice Department to court of the United States of an individual Moussaoui, the so-called 20th hijacker, be able to weigh all of these possible suspected of planning, authorizing, orga- was convicted in Federal court in May nizing, committing, or aiding the attacks on escape loopholes that a defendant could the United States and its citizens that oc- of 2006 for conspiring to hijack aircraft use and decide that they have a better and crash them into the World Trade curred on September 11, 2001.’’ chance of convicting somebody and As you know, both the Department of Jus- Center. He was quoted by Senator making that conviction stick if they tice (in Article III courts) and the Depart- GRAHAM as saying that ‘‘we are at war proceed in an article III court? ment of Defense (in military commissions, with you people.’’ I don’t have the Maybe the procedural rights which reformed under the 2010 National Defense slightest doubt that he means it and if we have written into our Military Com- Authorization Act) have responsibility for he were ever released he would go back missions Act, which is now law—maybe prosecuting alleged terrorists. Pursuant to a joint prosecution protocol, our departments to war. a court will determine they are not But I also have no doubt about some- are currently engaged in a careful case-by- adequate. Maybe they will throw out ´ thing else. He was saying this in a Fed- case evaluation of the cases of Guantanamo the entire process despite our best ef- detainees who have been referred for possible eral court, after being convicted in a forts to correct what we had previously prosecution, to determine whether they Federal court of the terrorist acts that done. We should not presume the out- should be prosecuted in an Article III court he perpetrated. He is now in a come of the judicial process and throw or by military commission. We are confident supermax facility in Florence, CO. He away legal tools that may be needed to that the forum selection decisions that are is serving life imprisonment without bring the 9/11 terrorists to justice. We made pursuant to this process will best serve parole. If the Graham amendment had our national security interests. should not be tying the hands of our We believe that it would be unwise, and been in place at the time that prosecutors against these people. Moussaoui was being prosecuted—in- would set a dangerous precedent, for Con- Prosecutorial discretion is one of the gress to restrict the discretion of either de- deed, if the Graham amendment had cornerstones of the American judicial partment to fund particular prosecutions. come in the middle of that prosecu- system. It is wrong for us to be lim- The exercise of prosecutorial discretion has tion—the prosecution would have had iting that discretion by directing cases always been and should remain an Executive to have been suspended. to a particular forum. It denies our Branch function. We must be in a position to This amendment, if it is adopted, is prosecutors the ability to choose the use every lawful instrument of national going to make it more difficult to forum that is best suited to a success- power—including both courts and military commissions—to ensure that terrorists are bring some of the 9/11 terrorists to jus- ful outcome in the case. The mecha- tice. Let me share some of the reasons brought to justice and can no longer threat- nism of cutting off funds for a prosecu- en American lives. this possibility exists. tion, which is what this amendment For these reasons, we respectfully request A court could decide that one of the does because Congress believes that a that you oppose this amendment. 9/11 detainees does not meet the test, prosecution should take place in one ROBERT M. GATES, under the military commissions law, of forum or another, would set a terrible Secretary of Defense. being an ‘‘unprivileged enemy bellig- precedent. We should not be inter- ERIC H. HOLDER, JR., erent.’’ In particular, a court could de- vening in that kind of decision through Attorney General. cide that one of the 9/11 alleged terror- the appropriations act. Mr. LEVIN. I suggest the absence of ists did not participate in a ‘‘hostility’’ The determination of the proper a quorum. and therefore was not subject—a bellig- forum for the trial of 9/11 terrorists The PRESIDING OFFICER. The erent subject to the laws of war. So we should be made by the professional clerk will call the roll. are saying to the Justice Department: prosecutors based on the circumstances The bill clerk proceeded to call the If you see the possibility that someone of the case and their judgment as to roll. could be let out or somebody could be where is the best chance to gain a suc- Mr. MCCONNELL. Madam President, found not guilty based on that kind of cessful prosecution. We should not de- I ask unanimous consent that the order a technicality, we are not going to let cide where these cases are going to be for the quorum call be rescinded. you go and try that person in a Federal tried. I don’t believe we should pre- The PRESIDING OFFICER. Without court. You must try that person where sume they will be tried in one place or objection, it is so ordered. that person could escape justice based another. Mr. MCCONNELL. Madam President, on a technicality. There is a process underway, includ- most Americans recognize that our Why would we want to do that? How ing both the Defense Department and continued success in preventing an- can we possibly sit here and reach a the Justice Department, to make a de- other terrorist attack on U.S. soil de- judgment on all of the possible factual termination as to which will be the pends on our ability as a Nation to re- situations which might allow one of most effective place to try these ter- main vigilant and clear-eyed about the these people to escape justice? We can- rorists. So that is the appropriate proc- nature of the threats we face at home not do that. That is what prosecutors ess, and we ought to let it continue and abroad. are for. That is what a Justice Depart- without this kind of intervention by Some threats come in the form of ment is for. We should be giving them the Senate. terror cells in distant countries. Others

VerDate Nov 24 2008 02:19 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.053 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11165 come from people plotting attacks And just this summer the Senate re- tration fails to use military commis- within our own borders. affirmed that military commissions sions for self-avowed combatants like And still others can come from a fail- are the proper forum for bringing Khalid Sheikh Mohammed, then it is ure to recognize the distinction be- enemy combatants to justice when we wasting this time-honored and essen- tween everyday crimes and war crimes. approved without objection an amend- tial tool in the war on terror. This last category of threat is ex- ment to that effect as part of the De- I would ask the opponents of the tremely serious but sometimes over- fense authorization bill. Graham amendment the following: looked—and that is why Senators Further, our past experiences with what material benefit is derived by GRAHAM, LIEBERMAN, and MCCAIN have terror trials in civilian courts have bringing avowed foreign combatants offered an amendment to the Com- clearly been shown to undermine our like KSM into a civilian court and giv- merce, Justice and Science appropria- national security. During the trial of ing them all the rights and privileges tions bill that would reassure the Ramzi Yousef, the mastermind of the of a U.S. citizen; and why should we American people that the Senate has first Trade Center bombing, we saw further delay justice for the families of not taken its eye off the ball. how a small bit of testimony about a the victims of 9/11? The amendment is simple and cell phone battery was enough to tip The PRESIDING OFFICER. The Sen- straightforward. It explicitly prohibits off terrorists that one of their key ator from Virginia. any of the terrorists who were involved communication links had been com- in the September 11, 2001, attacks from promised. Mr. WEBB. Madam President, I rise appearing for trial in a civilian U.S. We saw how the public prosecution of with some regret because I am in a courtroom. Instead, it would require the Blind Sheikh, Abdel Rahman, inad- contradiction with our President and the government to use military com- vertently provided a rich source of in- with many members of my own caucus. missions; that is, the courts proper to telligence to Osama bin Laden ahead of I am a cosponsor of the Graham war, for trying these men. the 9/11 attacks. And in that case, we amendment. I have no regrets about By requiring the government to use remember that Rahman’s lawyer was cosponsoring the amendment. I do re- military commissions, the supporters convicted of smuggling orders to his gret that I am in contradiction with a of this amendment are reaffirming two terrorist disciples. number of my colleagues on this side. things: First, that these men should We also saw how the trial of Zacarias I believe this is an appropriate have a fair trial. Moussaoui resulted in the leak of sen- amendment. I believe it is the best way And second, we are reaffirming what sitive information. for us to move forward and bring a so- American history has always showed; And we saw how the trials of the East lution with respect to those who are namely, that war crimes and common African Embassy bombers com- detained in Guantanamo. crimes are to be tried differently—and promised intelligence methods to the I would start by saying I have con- that military courts are the proper benefit of Osama bin Laden. forum for prosecuting terrorists. sistently argued that the appropriate The administration calls these pros- venue for trying perpetrators of inter- Some might argue that terrorists ecutions ‘‘successful.’’ But given the like Zacarias Moussaoui, one of the 9/11 national terrorism who are, in fact, loss of sensitive information that re- enemy combatants is a military tri- conspirators, are not enemy combat- sulted, former Federal judge and Attor- ants—that they are somehow on the bunal. One of my primary focuses in ney General Michael Mukasey has my time in the Senate has been to same level as a convenience store noted ‘‘there are many words one stick-up man. But listen to the words work toward a fairer and more efficient might use to describe how these events criminal justice system in the United of Moussaoui himself. He disagrees. unfolded; ‘successfully’ is not among Asked if he regretted his part in the States. them.’’ September 11 attacks, Moussaoui said: As all my colleagues know, we have Trying terror suspects in civilian ‘‘I just wish it will happen on the 12th, an enormous backlog in many court courts is also a giant headache for the 13th, the 14th, the 15th, the 16th, systems right now. Prisons are over- communities; just look at the experi- the 17th, and [on and on].’’ He went on crowded. We have 2.3 million people in ence of Alexandria, VA, during the to explain how happy he was to learn of prison right now, 7 million people in- Moussaoui trial. As I have pointed out the deaths of American service men side the criminal justice system. The before, parts of Alexandria became a and women in the Pentagon on 9/11. process of trying enemy combatants in virtual encampment every time And then he mocked an officer for our already overburdened domestic Moussaoui was moved to the court- weeping about the loss of men under courts, on the one hand, is not nec- house. Those were the problems we saw her command, saying: essary and, on the other, would intro- in Northern Virginia when just one ter- duce major logjams and work against I think it was disgusting for a military rorist was tried in civilian court. What person to pretend that they should not be our goals of improving our criminal will happen to Alexandria, New York killed as an act of war. She is military. She justice system. City, or other cities if several terror- should expect that people who are at war As someone who served in the mili- with her will try to kill her. I will never cry ists are tried there? You can imagine. because an American bombed my camp. It is because of dangers and difficul- tary, has spent 5 years in the Pen- tagon, and is privileged to serve in this There is no question Moussaoui him- ties like these that we established body, I would like to say, in my view, self believes he is an enemy combatant military commissions in the first the Guantanamo Bay detainee situa- engaged in a war against us. place. The administration has now re- The Senate has also made itself clear written the military commission pro- tion is challenging, it is complicated, on this question. Congress created the cedures precisely to its liking. If we it involves balancing an entire host of military commissions system 3 years can’t expect the very people who mas- considerations, including national se- ago, on a bipartisan basis, precisely to terminded the 9/11 attacks and went to curity, constitutional due process re- deal with prosecutions of al-Qaida ter- war with us to fall within the jurisdic- quirements, international law, proce- rorists consistent with U.S. national tion of these military courts, then who dural and practical considerations, and security, with the expectation that can we expect to fall within the juris- the responsibilities and authority of all they would be used for that purpose. diction of these military courts? three branches of government. The Senate reaffirmed this view 2 The American people have made Given the complicated nature of this years ago when it voted 94–3 against themselves clear on this issue. They do situation, I believe it is very important transferring detainees from Guanta- not want Guantanamo terrorists for us to move forward with a careful namo stateside, including the 9/11 plan- brought to the U.S., and they certainly and considered approach. These are ners. do not want the men who planned the among the considerations we should be We reaffirmed it again earlier this 9/11 attacks on America to be tried in looking at: First, the Supreme Court year when we voted 90–6 against using civilian courts—risking national secu- has reviewed this issue a number of any funds from the war supplemental rity and civic disruption in the process. times and, in several cases, has given to transfer any of the Guantanamo de- Congress created military commis- clear guidance on due process require- tainees to the United States. sions for a reason. But if the adminis- ments.

VerDate Nov 24 2008 02:19 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.016 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11166 CONGRESSIONAL RECORD — SENATE November 5, 2009 Second, taking into consideration I think it is very important for the Guantanamo Bay detainees into the these Supreme Court’s decisions, Con- understanding of this body, that while United States. gress enacted new procedures for mili- this amendment only applies to six de- I yield the floor. tary tribunals. These new pressures, tainees at Guantanamo Bay, it is long The PRESIDING OFFICER. The Sen- which were included in the recently past time that we work to reach a con- ator from South Carolina. passed Defense authorization bill, con- sensus on how and where all these de- Mr. DEMINT. I see the Senator from tain safeguards that protect detainees’ tainees are going to be tried and/or Rhode Island. due process and habeas rights. held. The administration has consist- Mr. WHITEHOUSE. Madam Presi- President Obama, as a Senator, took ently talked about three different cat- dent, I will be speaking for only 4 or 5 part in the creation of these new proce- egories of detainees: Those who have minutes. I see Senator DEMINT. I ask dures. President Obama signed these been found not to be a threat to the unanimous consent that I follow him. new procedures into law. Additionally, United States and can be released and But I will be considerably briefer than the facilities for properly holding and a number of them have; those who are Senator WEBB. trying dangerous detainees who are, in a threat and can be prosecuted, which Mr. DEMINT. I would be happy to let fact in many cases, enemy combatants, takes up most of our discussion, but, the Senator from Rhode Island go first, exist at the cost of approximately mil- importantly, a third group is those who as long as I can follow him. lions of dollars in Guantanamo. we have reason to believe will continue The PRESIDING OFFICER. Without The Guantanamo debate has, in my to be a threat to the United States, but objection, it is so ordered. view, improperly focused on place we may not have sufficient admissible The Senator from Rhode Island is versus process over the past couple of evidence to bring them to trial. That is recognized. years. The most important factor has the category that is the most troubling Mr. WHITEHOUSE. I appreciate the been to improve the process as we con- when we start talking about moving Senator’s courtesy. I wish to take a sider these different cases, not simply these detainees from Guantanamo Bay different view than our distinguished whether this was Guantanamo or any- to the United States. colleague from Virginia. He comes where else. Every Member of this body should be from a military background and he Removing our detainees from Guan- concerned with the implications of views this from that lens. I come from tanamo to the United States is not confining such individuals indefinitely a prosecutor’s and lawyer’s back- going to solve the problem. The im- inside the United States without due ground. I see it through a different proved processes we have put in place process. I took the time, after a num- lens. is one of the key factors in addressing ber of discussions, including a long dis- I take exception to a number of the the problem. cussion with the President about this, concerns the distinguished Senator The people we are seeking to pros- to read the Hamdi case, the Supreme from Virginia elucidated. My concern ecute—I think it needs to be said again Court case that deals with indefinite is, the balancing of those concerns and and again—are enemy combatants. detention of detainees. the determination as to on which side, They were apprehended during a time There is a conundrum here, if you military commissions or traditional of war, while hostilities are still ongo- think about the reality of what we are law enforcement prosecution, the gov- ing. Prosecuting these individuals in doing. If you bring these people into ernment should come down on is one domestic courts gives rise to a host of the United States and do not try them, that should not be a legislative deter- problematic issues which are basically you are going to put them in a civilian mination. unnecessary because of the availability prison. There are only two possibilities We have executive officials who are now of properly constituted military here: either as legally here in the very capable of making this determina- tribunals. United States they have to be given a tion. It is at the soul of prosecutorial The problems with trying alleged de- speedy trial or, as enemy combatants, discretion to decide whom to charge, tainees in domestic courts include: pro- we do not have to give them a speedy what to charge, and in what forum to cedural, constitutional, and evi- trial until the end of hostilities. How bring the charge. I think we are in the dentiary rules in place to protect civil- do we define the end of hostilities? We wrong location, trying to inject our- ian criminal defendants in our country. are simply going to be importing a selves as the legislative branch of gov- These protections would require the problem, affecting about 50 people at ernment into the executive determina- production of classified materials. It Guantanamo, from Guantanamo into tion as to where a case should be could require military and intelligence the United States. brought. officers to be called from other duties, Again, it is not the place, it is the It may very well be that a great in some cases from the battlefield, to process. Ten years from now, fifteen number of these cases should indeed be testify. years from now we don’t want to find brought in military commissions. But I This could lead to the exposure of ourselves saying: There is an individual do not think it is up to us as Members sensitive material or, alternatively, to in a super-max prison somewhere in Il- of the Senate to force the executive acquittal of enemy combatants who are linois who has never been charged with branch’s hands. guilty of these crimes. In the U.S. legal a crime. A second point is, we have had very system, when a defendant is acquitted Why do we need to bring that into bad luck with these military commis- he goes free. In this complex scenario, our system? Why do we need to bring sions so far. Many believe the proce- it is unclear what will happen in our that into our country? We have to com- dures for those commissions did not af- domestic judicial system if one of mit ourselves to examining that issue ford adequate process to the accused, those enemy combatants is actually in detail and figure out a way to move and, as a result, the perceived legit- acquitted. forward. I am committed to working imacy of the commissions was under- This mixing of the legal and military with the administration. I have said mined. That is the finding of the De- paradigms, I believe, would confuse our this to the President in the past and to tention Policy Task Force. criminal justice system without a real Members of this body, we need to move Some of those shortcomings have upside. The burden of trying enemy forward and develop a final trial and been improved upon recently. But we combatants in a domestic court is detention plan. are in a stage, at this point, in which overwhelming. Other people have men- But the bottom line is, we are a na- article III courts—the Federal Amer- tioned this. There is an issue, of tion at war. The Supreme Court has ican courts—have handled 119 ter- course, of maintaining security for the outlined due process rights for detain- rorism cases with 289 defendants. Of courtroom and for the jail facilities: ees. Guantanamo Bay is the appro- those, 75 cases are still pending in our the additional security burdens to the priate facility for holding the enemy courts, but 195 defendants have been U.S. Marshals Service and to local po- belligerents, particularly since we just convicted. Our conviction rate has been lice services, the security and proce- passed these improvements in the Mili- 91 percent. dural complexities would tie up our tary Commissions Act. I hope this body Our Bureau of Prisons currently court system at a time when we need will think seriously about the implica- holds 355 terrorists in its facilities, by to move criminal cases forward. tions of bringing large numbers of it is own estimation, 216 international

VerDate Nov 24 2008 02:19 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.056 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11167 terrorists, and 139 domestic terrorists. President Zelaya from office as a mili- after Zelaya’s removal per the con- So regular, traditional American law tary coup. All branches of the Hon- stitution. He is not on the ballot ei- enforcement, prosecution by the De- duran Government agreed that he ther. He is not seeking power in Hon- partment of Justice, is a tried-and-true should have been removed. The con- duras. The Presidential candidates vehicle for prosecuting and punishing gress, the electoral tribunal, the attor- were nominated in primaries over a terrorists. ney general, the supreme court, all in- year ago, and all of them, including By contrast, the Gitmo military tri- stitutions of democracy in Honduras, Zelaya’s former vice president, expect bunals have convicted three detainees. agreed the president had violated the these elections to be free and fair and After all those years of trouble and ef- constitution and the law and needed to transparent, as has every other Hon- fort, 289 defendants convicted in our be removed from office. For weeks duran election for almost a generation. criminal courts, three in our military leading up to his arrest, President I have been terribly disappointed with commissions. Manuel Zelaya defied his nation’s laws the administration’s policies on Hon- So I submit there may be very good and attempted to illegally rewrite the duras and have consistently argued logic for those military commissions, Honduran constitution so he could re- that the upcoming November 29 elec- but it is not a wise decision and not main in office past his term. That prob- tions are the only way out of this mess. properly our decision to force the hand ably sounds familiar because that is We as a nation have to send a signal of the executive branch of government the same course Hugo Chavez has that we will recognize these elections. and close down the side of the war on taken in Venezuela and Ortega in Nica- I personally visited Honduras last terrorism that has been most effective ragua. We know about the Castros, of month and was satisfied as to the legit- at incarcerating and punishing our ter- course. It is a pandemic in Latin Amer- imacy of the interim government of rorist enemies. ica that democracies elect leaders who Micheletti and as to the legitimacy of I yield the floor and, again, thank change the constitution and become the long-scheduled Presidential elec- the Senator for his courtesy. dictators. Zelaya was on the same tions that will be held later this The PRESIDING OFFICER. The Sen- course until the democratic institu- month. I am happy to report that after ator from South Carolina. tions in Honduras stopped him short. many months, Secretary Clinton and Mr. DEMINT. I thank the Chair. He attempted to force a national vote Assistant Secretary Shannon have led Madam President, I wish to associate to allow himself to stay in office. He the Obama administration back in the myself with Leader MCCONNELL and went so far as to lead a violent mob to right direction. I met yesterday with thank him for his leadership on the try to retrieve ballots printed in Ven- Assistant Secretary of State of Latin Guantanamo Bay issue. I know as the ezuela that had been confiscated by the America Tom Shannon and spoke President looks to close this facility Honduran authorities so he could not today with Secretary Clinton. I can re- which costs the American taxpayers have the national referendum he want- port that we now appear to be on the $275 million, people around the coun- ed. As I mentioned before, every Hon- right track. Both Assistant Secretary try, including in my own State of duran institution supported his re- Shannon and Secretary Clinton assured South Carolina, are concerned that we moval because of his open defiance of me that notwithstanding any previous will now move some of the world’s the laws and the constitution. The peo- statements by administration officials, most dangerous people into a civilian ple of Honduras have struggled too the United States will recognize the area that is not designed for this type long to have their hard-won democracy November 29 Honduran election, re- of security threat. I appreciate the stolen from them by a would-be dic- gardless of whether the Honduras Gov- leadership of Senator MCCONNELL in tator. The Honduran Government had ernment votes to reinstate Zelaya. trying to bring some rational thinking. little choice but to act in accordance They have made it clear the adminis- HONDURAS with the Honduran constitution and tration will recognize the elections, re- I wish to take a break from the dis- their own rule of law. They had to re- gardless of whether the Honduran Con- cussion of Guantanamo Bay and the move Zelaya from office to protect gress votes on the Zelaya reinstate- appropriations bills to discuss briefly their democracy. ment before or after the November 29 the situation in Honduras. Honduras is Since June, the Law Library of Con- election. one of America’s best allies in this gress made public a thorough report hemisphere. For the last 4 months they defending the actions undertaken by The independence, transparency, and have been involved in a constitutional the Honduran institutions in contra- fairness of those elections has never crisis. I have been very critical of the dicting the claims made by the Obama been in doubt. Thanks to the reversal administration’s handling of the Hon- administration. Our own State Depart- of the Obama administration, the new duras situation. In fact, I have held ment said they have secret legal government sworn into office next Jan- two nominees, one to Latin America memos of their own supporting their uary can expect the full support of the and one to Brazil, in order to shine a actions, but they have refused our re- United States and, I hope, the entire spotlight on the situation and get this quest to release them and have kept international community. administration and this Congress to them hidden from the public. Instead of I applaud the administration. I am focus on what I consider very bad pol- siding with the Honduran people, the thankful they have ended their focus icy toward a very close friend of the administration decided to put their full on whom I consider a would-be dictator United States. support behind Mr. Zelaya, who is a and are now standing firmly with the While I have been critical, it is im- close ally of Hugo Chavez and who the Honduran people and for a Honduran portant, when the administration State Department even said had under- solution to the problem. Today starts a changes its view and puts things on the taken provocative actions that led to major step forward for the cause of right course, to thank Secretary Clin- his removal. Despite this admission, freedom and democracy for the western ton, Secretary Tom Shannon for their the Obama administration has waged a hemisphere, for the United States, and work in Honduras. I also wish to talk a war directly against the Honduran peo- especially for the brave people of Hon- little bit about the situation. ple by denying visas, terminating aid, duras. They are proving that despite As part of my talk, I want Senator and refusing to acknowledge that free crushing hardships and impossible REID to know it is my intent to release and fair elections would solve the prob- odds, freedom and democracy can suc- my holds on the nominees so they can lems in Honduras. ceed anywhere people are willing to move forward, now that I believe the The Presidential election is on sched- fight for it. The condemnation heaped administration has set a good course ule for November 29. It has been sched- on the free people of Honduras these for our allies in Honduras. uled that way since 1982, when their last several months never had to hap- Let me take a few minutes to go constitution was put in place. Under pen. The Obama administration erred through the background of the situa- Honduras’s one-term-limit require- in its assessment of the situation in tion. Not many people have paid much ment, Zelaya could not have sought re- Honduras because of a rush to judg- attention to it. Over 4 months ago, I election anyway. The current presi- ment based on bad information. We believe our administration rushed to dent, Roberto Micheletti, whom I just have all learned a lesson about distin- judgment in declaring the removal of got off the phone with, was installed guishing friends from foes and the

VerDate Nov 24 2008 02:19 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.057 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11168 CONGRESSIONAL RECORD — SENATE November 5, 2009 paramount importance of constitu- ceed to vote in relation to the amend- AMENDMENT NO. 2669 tional democracy to international sta- ments; that upon the disposition of the Mr. SESSIONS. Mr. President, I bility. Coburn amendments, the Senate re- would like to speak, briefly, in support For months I have made it clear I sume consideration of the Graham of Senator GRAHAM’s amendment deal- would continue to object to two State amendment No. 2669, and that prior to ing with the trial of 9/11 terrorists in Department nominations until the a vote in relation to the amendment, Federal court. It, in effect, would pro- United States reversed its flawed Hon- there be 4 minutes of debate, equally hibit the administration from doing duras policy. My goal has been to get divided and controlled between Sen- that by denying funding for any such this administration to recognize the ators GRAHAM and LEAHY or their des- trials. November 29 elections. Now that this ignees; that upon the use or yielding This is a very important matter. One has happened, I will keep my part of back of time, the Senate proceed to of the things we learned when 9/11 oc- the bargain and release these holds. I vote in relation to the amendment; curred was that this country had made will notify Senator REID that these that upon disposition of the Graham a mistake in treating people who are at nominations can move ahead on his amendment, the Senate then resume war with the United States, who at- schedule. It is no secret that I have the Ensign amendment No. 2648, as tempt to destroy the United States, as been critical of the administration on modified; that there be 2 minutes of de- normal criminals and that they should their handling of these issues. But I bate, equally divided and controlled in be tried in court. take this opportunity today to thank the usual form, prior to a vote in rela- We learned the only effective way to Secretary Clinton and Assistant Sec- tion to the amendment; that upon dis- deal with persons such as that is to retary Shannon for reengaging the position of the Ensign amendment, the treat them as prisoners of war or un- Honduran Government and working Senate resume the Johanns amend- lawful combatants, who are people who out a solution that President ment No. 2393; that the amendment be violate the rules of war—and all these Micheletti and the government in Hon- agreed to and the motion to reconsider individuals do, basically, with the way duras, as well as the Honduran people, be laid upon the table, with no amend- they conduct themselves. So we would feel is fair. ments in order to the aforementioned try them according to military com- There are still a number of concerns. amendments; that no further amend- missions. The Constitution makes ref- As I talked to President Micheletti mo- ments be in order; that the substitute erence to military commissions. They ments ago, he is concerned that the Or- amendment, as amended, be agreed to, can be tried fairly in that method with- ganization of American States con- the bill, as amended, be read a third out all the rules and procedures we tinues to support deposed President time, and the Senate then proceed to cherish so highly in Federal courts for Zelaya and is organizing, along with vote on passage of the bill; that upon the trials of normal crimes that people Zelaya, a lot of mischief related to the passage, the Senate insist on its are accused of in this country. upcoming elections, encouraging peo- amendment, request a conference with I spoke about al-Marri just last week, ple to take to the streets and violence. the House on the disagreeing votes of who came to the United States on Sep- I hope the State Department and the the two Houses, and that the Chair be tember 10. He had met bin Laden. He Obama administration, along with Con- authorized to appoint conferees, with had been to a training camp in Afghan- gress, will continue to support the the subcommittee plus Senators BYRD istan. He had a goal, pretty clearly, to Honduran people and make sure the Or- and COCHRAN appointed as conferees; participate in an attack on the United ganization of American States and any that if a point of order is raised and States. He seemed to be a part of that other country will support the agree- sustained against the substitute entire effort. He came 1 day before 9/11. ment that has been signed by the peo- amendment, then it be in order for a He was tried by a Federal judge who ple in Honduras and that we have new substitute to be offered, minus the apparently gave a conviction but sen- agreed to. offending provisions but including any tenced him to, in effect, 7 years. He had I am thankful for the opportunity to amendments previously agreed to; that training in bomb making and that kind speak on this issue, to bring it to the the new substitute be considered and of thing. He had done other acts that attention of this Congress and the agreed to, no further amendments be in indicated an intent to kill American American people. I look forward to re- order, the bill, as amended, be read a people, innocent civilians, in a surrep- leasing the holds on these nominations third time, with the provisions of this titious way, contrary to the laws of and continue to follow the situation agreement after adoption of the origi- war. So as a result of that, I think he closely, particularly the November 29 nal substitute amendment remaining should have been tried by a military elections, as Honduras continues as a in effect; and that the cloture motion commission, and he was not. free and democratic nation. on the bill be withdrawn; and that the As one of the professors said in com- I yield the floor and suggest the ab- order commence after the remarks of menting on this case, it raises ques- sence of a quorum. Senator CHAMBLISS. tions about the ability of our normal The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Is there Federal court system to try these peo- WHITEHOUSE). The clerk will call the objection? ple who may be subject to having the courthouse attacked in an attempt to roll. Without objection, it is so ordered. The legislative clerk proceeded to free them. Jurors may feel threatened call the roll. UNANIMOUS-CONSENT AGREEMENT—EXECUTIVE because they are willing to kill to pro- Ms. MIKULSKI. I ask unanimous CALENDAR mote their agenda—or their allies are. consent that the order for the quorum Ms. MIKULSKI. Mr. President, as in Courthouses have to be armed with call be rescinded. executive session, I ask unanimous guards all around and with people on The PRESIDING OFFICER. Without consent that upon disposition of H.R. top of the courthouse to protect the objection, it is so ordered. 2847, the Senate proceed to executive courthouse throughout the trial. Ms. MIKULSKI. Mr. President, as the session and immediately proceed to They can be tried effectively by mili- chairman of the Commerce, Justice, vote on confirmation of the nomina- tary commissions. So Senator GRAHAM Science Committee, I ask unanimous tion of Calendar No. 462, and that upon is serving the national interest in rais- consent that all postcloture time be confirmation, the motion to reconsider ing this issue. It is not a little bitty yielded back, except the 10 minutes be considered made and laid upon the matter. It is correct. He has a good specified for debate as noted in this table; that no further motions be in idea about it. He has focused it nar- agreement; that the Senate now re- order, the President be immediately rowly on the 9/11 issue and on those sume the Coburn amendments Nos. 2631 notified of the Senate’s action, and the who participated in that attack. I and 2667, and that prior to the votes in Senate then resume legislative session. think that is at least what we should relation to each amendment in the The PRESIDING OFFICER. Is there do today. order listed, there be 2 minutes of de- objection? We need to have a sincere analysis of bate, equally divided and controlled in Without objection, it is so ordered. the determination by this administra- the usual form; that upon the use or The PRESIDING OFFICER. The Sen- tion to try more and more cases in yielding back of time, the Senate pro- ator from Alabama. Federal court when they have been

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.058 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11169 captured by the military. In fact, they talking about doing is making sure, be- I urge a positive and affirmative vote say there is a presumption in their cause folks on the other side of the on the Graham amendment. commission report to date that they aisle have already said: We want to I yield back, Mr. President. would be tried in Federal courts rather bring the prisoners from Guantanamo AMENDMENT NO. 2631 than military commissions. I think to American soil, we try them there. Ms. MIKULSKI. Mr. President, what that is very dangerous because mili- Ultimately, I guess they are saying: We is the pending amendment? tary people do not give them Miranda want to house them in American pris- The PRESIDING OFFICER. Coburn warnings when they are arrested. They ons. I think that is wrong. amendment No. 2631 is the pending This amendment, though, is even do not do the kinds of things that are amendment. narrower than that. That is why it is necessary to maintain change of cus- Ms. MIKULSKI. Mr. President, I vig- so important. This amendment says: tody or to admit evidence into trials in orously and unabashedly oppose the We are going to take the meanest of a way we would normally do. These Coburn amendment. It eliminates not these individuals, who get up every day kinds of procedures could cause a trial only the dollars from the science pro- to be extremely difficult. They could thinking of ways to kill and harm Americans, and make sure they never gram at the National Science Founda- bring witnesses from the battlefield tion, it specifically targets the $9 mil- and the like. come to American soil for trial and are never subjected to the process that is lion cut in the area of funding for re- It is not the way, I am aware, any search by political scientists. country tries people who are at war developed in article III courts for aver- age, ordinary criminals who are tried The very first American woman to with them—any country. All countries win the Nobel Prize for economics ever provide for military commissions every single day in America. Khalid Shaikh Mohammed is the ad- has received 28 awards from the Na- against unlawful combatants. mitted mastermind of September 11. tional Science Foundation, the science I see my friend, Senator CHAMBLISS, He is one of the individuals who today program offered to political science in the Chamber. I know he wants to is housed at Guantanamo Bay. He is professors. It shows what ground- speak on this issue. one of the individuals who is going to breaking work can be done. I thank the Chair and yield the floor. This amendment is an attack on The PRESIDING OFFICER. The Sen- be directly affected by this amend- ment. Does Khalid Shaikh Mohammed science. It is an attack on academia. ator from Georgia. We need full funding to keep America Mr. CHAMBLISS. Mr. President, I want justice? No. Khalid Shaikh Mo- innovative, and I urge my colleagues to rise in strong support of the Graham hammed wants a platform. He wants a vote no on this amendment. amendment, and I wish to echo the sen- platform on which to exude his arro- Mr. President, I yield back the re- timents expressed by my friend from gance and his hatred of America and mainder of our time, and I ask for the Alabama, who, like me, has had exten- his hatred of Americans, as exhibited yeas and nays. sive experience in trying cases for by the plan he put in place to fly air- planes into the Pentagon, the World The PRESIDING OFFICER. Is there a many years. sufficient second? In this country, over our 225-plus Trade Center, and another entity that There is a sufficient second. years, we have been involved in many was probably the U.S. Capitol. That The yeas and nays are ordered. different military conflicts. In each of airplane, ultimately, crashed in Penn- sylvania. The PRESIDING OFFICER. Who those conflicts, dating back to the There were over 3,000 victims on Sep- yields time in favor of the amendment? early years, there have always been tember 11. It is my understanding fam- Is there objection to yielding back prisoners captured, and we have always ily members of those victims have all time? had a procedure whereby we incarcer- written letters and made phone calls Without objection, all time is yielded ated and ultimately tried those indi- urging the passage of this amendment. back. viduals who were captured on the bat- They are an indication of the strong The question is on agreeing to the tlefield. feeling that prevails all across America The process of how we operate from amendment. relative to how we deal with these indi- The yeas and nays have been ordered. an article III criminal standpoint rel- viduals who, particularly—particu- ative to criminals in America who The clerk will call the roll. larly—intended and did, in fact, carry The assistant legislative clerk called commit offenses against the United out an attack against America, an States of America is one thing. The the roll. atrocious attack that took the lives of Mr. DURBIN. I announce that the process we have always used to deal over 3,000 people. with those individuals whom we cap- Senator from West Virginia (Mr. BYRD) I commend Senator GRAHAM for even and the Senator from Louisiana (Ms. ture on the battlefield has been en- thinking of the idea of narrowing this tirely different and all for the right LANDRIEU) are necessarily absent. amendment to include just those indi- The PRESIDING OFFICER. Are there reasons. viduals who participated in the Sep- I know there are those who have got- any other Senators in the Chamber de- tember 11 attack. I would rather broad- siring to vote? ten up here over the past several weeks en it to include all those who are and months as we have talked about The result was announced—yeas 36, housed at Guantanamo. I defy anyone nays 62, as follows: this issue from time to time, and I to stand and say that trying any of [Rollcall Vote No. 336 Leg.] have had any number of amendments those individuals who are housed at on this issue and have spoken on the Guantanamo, who were captured on YEAS—36 floor numerous times about it. It is im- the battlefield, in an article III court Barrasso Enzi McConnell portant for the protection and security Baucus Graham Murkowski in the United States would be similar Bayh Grassley Nelson (NE) of the American people to keep all to some other terrorists we have tried Bennett Hatch Risch these individuals whom we capture on in this country. That is wrong. We have Brownback Hutchison Roberts the battlefield, who are incarcerated at never tried anybody who was arrested Bunning Inhofe Sessions Guantanamo, outside America. We Chambliss Isakson Shelby on the battlefield in an article III court Coburn Kyl Thune have the mechanics set up to try them. in the United States. Corker LeMieux Vitter We have a very safe place for them to So Senator GRAHAM’s amendment is Crapo Lugar Voinovich be incarcerated. That is, frankly, very appropriate. It ought to be passed. DeMint McCain Webb Ensign McCaskill Wicker where they ought to stay until some It ought to be passed with a large mar- method can be worked out to deal with gin. A vote against this amendment is NAYS—62 them, to have them housed somewhere simply a vote to give Khalid Shaikh Akaka Burr Conrad outside the United States. Mohammed that platform he wants to Alexander Burris Cornyn Begich Cantwell Dodd Unfortunately, the President has have to talk about why he hates Amer- Bennet Cardin Dorgan made a commitment to close Guanta- ica and about everything that is wrong Bingaman Carper Durbin namo by January 22, without ever hav- with America. That is not what we Bond Casey Feingold ing a plan in place as to how he was ought to be doing in this body today or Boxer Cochran Feinstein Brown Collins Franken going to deal with them. What we are at any other time.

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.059 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11170 CONGRESSIONAL RECORD — SENATE November 5, 2009 Gillibrand Leahy Sanders have accurate work done by our IGs, NOT VOTING—1 Gregg Levin Schumer we need to fund them appropriately, Byrd Hagan Lieberman Shaheen Harkin Lincoln Snowe and this amendment is intended to do The PRESIDING OFFICER. On this Inouye Menendez Specter that. vote, the yeas are 42, the nays are 57. Johanns Merkley Stabenow The PRESIDING OFFICER. The Sen- Johnson Mikulski Three-fifths of the Senators duly cho- Tester ator from Maryland. Kaufman Murray Udall (CO) sen and sworn not having voted in the Kerry Nelson (FL) Udall (NM) Ms. MIKULSKI. Mr. President, I affirmative, the motion is not agreed Kirk Pryor Warner share the concerns of the Senator from Klobuchar Reed to. The point of order is sustained, and Whitehouse Kohl Reid Oklahoma about oversight at the De- the amendment fails. Lautenberg Rockefeller Wyden partment of Commerce. That is why Mrs. BOXER. Mr. President, I move NOT VOTING—2 the bill already funds the inspector to reconsider the vote. general at $25.8 million, the same as Byrd Landrieu Mrs. MURRAY. I move to lay that the President’s request. There is an ad- motion on the table. The amendment (No. 2631) was re- ditional $6 million furnished through The motion to lay on the table was jected. the stimulus. agreed to. Mr. REID. Mr. President, I ask unan- This amendment does cut the Hoover imous consent that all succeeding AMENDMENT NO. 2669 Building and it would only delay the The PRESIDING OFFICER. There is votes in the tranche of votes—and I renovations to meet basic health and think there are five—be 10 minutes in now 4 minutes equally divided before safety standards. I oppose the amend- the vote on the Graham amendment, duration. ment. The amendment would cause the The PRESIDING OFFICER. Without No. 2669. CJS bill to exceed its allocation. The Senator from South Carolina. objection, it is so ordered. Therefore, I make a point of order that Mr. REID. Mr. President, people are Mr. GRAHAM. Colleagues, we are the amendment violates section 302(f) anxious to finish tonight. If everybody about to take a vote. It is a tough vote, of the Congressional Budget Act of will try to stay close and not wander and I regret we are having to do this, 1974. around, we can wrap these up. but at the end of the day, I have a view I yield at this time to the Senator The PRESIDING OFFICER. The Sen- that this country is at war. I think ator from Oklahoma. from Texas, KAY BAILEY HUTCHISON. most of you share it. Our civilian court Mr. COBURN. Mr. President, I move MOMENT OF SILENCE system serves us well, but we have had to waive the applicable section of the Mrs. HUTCHISON. Mr. President, I a long history of having military com- Budget Act with respect to my amend- ask unanimous consent that this body mission trials when the Nation is at ment, and I ask for the yeas and nays. have a moment of silence in memory of war. The military commission bill The PRESIDING OFFICER. Is there a 11 great soldiers at Fort Hood, TX, who which this Congress wrote is reformed. sufficient second? have been shot down this afternoon at It is new, it is transparent, and it is the base at a processing center where There appears to be a sufficient sec- something I am proud of. they were being prepared to be de- ond. This amendment says that the six co- ployed to Iraq and Afghanistan. In ad- The question is on agreeing to the conspirators who planned 9/11—Khalid dition, the person who was the main motion. Shaikh Mohammed at the top of the shooter has also been killed. Over 30 of The clerk will call the roll. list—will not be tried in Federal court our great personnel are also injured The legislative clerk called the roll. because the day you do that, you will and being treated as we speak. Mr. DURBIN. I announce that the criminalize this war. When I spoke to the general a few Senator from West Virginia (Mr. BYRD) In the first attack on the World minutes ago, the base, Fort Hood, was is necessarily absent. Trade Center, the Blind Sheik was still in lockdown to make sure they The PRESIDING OFFICER (Mr. tried in Federal court, and the have checked every possibility that BEGICH). Are there any other Senators unindicted coconspirators list wound there would be no more shootings. I in the Chamber desiring to vote? up in the hands of al-Qaida. know all of us love our military and The result was announced—yeas 42, Military commissions are designed to appreciate everything they do. For nays 57, as follows: administer justice in a fair and trans- them to have to suffer even more trag- [Rollcall Vote No. 337 Leg.] parent way, but they know and under- edy like this, as they are on their way YEAS—42 stand we are at war. Our civilian courts are not designed to deal with to protect our freedom, is unthinkable. Alexander Crapo LeMieux I ask unanimous consent that all of Barrasso DeMint Lincoln war criminals; the military system is. us show how deeply we care about Baucus Ensign Lugar Khalid Shaikh Mohammed, the mas- them right now on the floor of the Sen- Bayh Enzi McCain termind of 9/11, didn’t rob a liquor Bennett Feingold McCaskill ate. Brownback Graham McConnell store; he didn’t commit a crime under The PRESIDING OFFICER. Without Bunning Grassley Risch domestic criminal law; he took this objection, a moment of silence will Burr Gregg Roberts Nation to war and he killed 3,000 of our Chambliss Hatch Sessions citizens. He needs to have justice ren- commence. Coburn Hutchison Shelby [Moment of Silence.] Cochran Inhofe Snowe dered in the system that recognizes we Mrs. HUTCHISON. Mr. President, I Collins Isakson Thune are at war. thank Senators very much. Corker Johanns Vitter Please support this idea of not crim- Cornyn Kyl Wicker AMENDMENT NO. 2667 inalizing the war the second time The PRESIDING OFFICER. There NAYS—57 around. will now be 2 minutes of debate equally Akaka Hagan Nelson (NE) The PRESIDING OFFICER. Who divided in relation to the Coburn Begich Harkin Nelson (FL) yields time? Bennet Inouye Pryor amendment No. 2667. Who yields time? Bingaman Johnson Reed Mr. REED. Mr. President, we all rec- The Senator from Oklahoma. Bond Kaufman Reid ognize the severity of this issue and Mr. COBURN. Mr. President, this is a Boxer Kerry Rockefeller the passion the Senator from South straightforward amendment that actu- Brown Kirk Sanders Carolina brings to the issue. But since Burris Klobuchar Schumer ally increases the funding for the IG. Cantwell Kohl Shaheen 9/11, we have tried 195 terrorists in arti- One of our weaknesses is waste, fraud, Cardin Landrieu Specter cle III courts; we have tried 3 in mili- and abuse. According to GSA, this will Carper Lautenberg Stabenow tary commissions. I think we have rec- Casey Leahy Tester not affect the renovations whatsoever Conrad Levin Udall (CO) ognized that our courts are durable at the Hoover Building. We are simply Dodd Lieberman Udall (NM) enough to stand up to the issues of the transferring funds. Dorgan Menendez Voinovich culpability of these individuals and the I understand a point of order is going Durbin Merkley Warner magnitude of their actions. Secretary Feinstein Mikulski Webb to be made against this amendment. Franken Murkowski Whitehouse Gates and Attorney General Holder But if my colleagues want control and Gillibrand Murray Wyden have asked for the option to use article

VerDate Nov 24 2008 02:19 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.011 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11171 III courts or military commissions. We [Rollcall Vote No. 338 Leg.] The State Criminal Alien Assistance are preserving that if we reject the YEAS—54 Program, a program that was not re- Graham amendment. Akaka Franken Mikulski quested by this nor the previous ad- Let me say something else. Our en- Baucus Gillibrand Murray ministration, is currently overfunded Bayh Hagan Nelson (NE) emies see themselves as jihadists—holy Begich Harkin Nelson (FL) in this bill at $228 million. With the warriors. They don’t object to being Bennet Inouye Reed Ensign amendment, we are being asked tried in military commissions because Bingaman Johnson Reid to add $172 million to a program that Boxer Kaufman Rockefeller barely touches most of our States. they see themselves as combatant war- Brown Kerry Sanders riors. They are criminals. They com- Burris Kirk Schumer Since 2004, five States have received 71 mitted murder. The sooner we can con- Cardin Klobuchar Shaheen percent of the $2.1 billion in funding for vince the world that these aren’t holy Carper Kohl Specter this program. Casey Landrieu Stabenow warriors, that they are criminals, the Conrad Lautenberg Tester Let me say that again, 71 percent, or sooner we will take an advantage in Dodd Leahy Udall (CO) $1.5 billion of the amount for this pro- this battle of ideas between those peo- Dorgan Levin Udall (NM) gram since 2004, has gone to five Durbin McCaskill Warner States. This can hardly be called a na- ple and the system of laws and justice Feingold Menendez Whitehouse that we represent and try to protect Feinstein Merkley Wyden tional program. In 2008, during the CJS Senate floor and defend. NAYS—45 So I recognize the sincerity and the debate a year ago, this amendment was Alexander DeMint Lugar tabled and rejected by a vote of 68 to passion of the Senator, but I would Barrasso Ensign McCain urge a vote against this amendment, Bennett Enzi McConnell 25. I strongly oppose this amendment and I move to table the amendment. Bond Graham Murkowski and urge my colleagues to vote against Brownback Grassley Pryor this amendment. The PRESIDING OFFICER. The Sen- Bunning Gregg Risch The PRESIDING OFFICER. The Sen- ator from South Carolina. Burr Hatch Roberts Cantwell Hutchison Sessions ator from Maryland is recognized. Mr. GRAHAM. To my dear friend, Chambliss Inhofe Shelby Ms. MIKULSKI. Mr. President, I sup- this is the biggest issue of the day: Are Coburn Isakson Snowe port every comment made by my rank- they criminals? Are they warriors? Cochran Johanns Thune Collins Kyl Vitter ing member. I believe this amendment Does it matter? These people are not Corker LeMieux Voinovich will cause the CJS bill to exceed its al- criminals, they are warriors, and they Cornyn Lieberman Webb location, therefore I make a point of need to be dealt with in a legal system Crapo Lincoln Wicker order the amendment violates section that recognizes that. NOT VOTING—1 302(f) of the Congressional Budget Act And to the 214 9/11 families who sup- Byrd of 1974. port my amendment, I understand that The motion was agreed to. The PRESIDING OFFICER. The Sen- the people who killed your family Mrs. MURRAY. Mr. President, I ator from Nevada is recognized. members are at war with us. I hope the move to reconsider the vote. Mr. ENSIGN. To clear up a couple of Senate will understand that so we Mr. LEVIN. I move to lay that mo- facts, first of all, not every State has don’t have another. tion on the table. the same problem with illegal immi- The PRESIDING OFFICER. The Sen- The motion to lay on the table was grants that other States do. ator’s time has expired. agreed to. The PRESIDING OFFICER. The time The Senator from Rhode Island. AMENDMENT NO. 2648, AS MODIFIED of the Senator has expired. The PRESIDING OFFICER. There is Mr. REED. Mr. President, do I have Mr. ENSIGN. I move to waive the ap- now 2 minutes equally divided with re- time remaining? plicable sections of the Budget Act spect to the Ensign amendment, No. with respect to my amendment and ask The PRESIDING OFFICER. Twenty- 2648. The Senator from Nevada is rec- for the yeas and nays. five seconds. ognized. The PRESIDING OFFICER. Is there a Mr. REED. Mr. President, this Mr. ENSIGN. Mr. President, my sufficient second? There is a sufficient present statute that is on the books amendment is very simple. It would second. gives the Secretary of Defense the op- add $172 million to the State Criminal The question is on agreeing to the portunity to recommend and the Attor- Alien Assistance Program. This pro- motion. The clerk will call the roll. ney General the opportunity to pros- gram provides payment to States that The legislative clerk called the roll. ecute in either an article III court or a incur correctional officer salary costs Mr. DURBIN. I announce that the military tribunal. I think that choice for incarcerating undocumented crimi- Senator from West Virginia (Mr. BYRD) should be maintained. nal aliens for at least one felony or two is necessarily absent. I would urge that we defeat this misdemeanor convictions. This amend- The PRESIDING OFFICER. Are there amendment. ment is offset by simply an across-the- any other Senators in the Chamber de- I move to table the amendment. board decrease in spending, so it is siring to vote? The PRESIDING OFFICER. The Sen- budget neutral. The yeas and nays resulted—yeas 32, I believe this is an important amend- ator’s time has expired. nays 67, as follows: ment. It is especially important if you [Rollcall Vote No. 339 Leg.] Mr. REID. I ask for the yeas and are in one of the Southwestern States YEAS—32 nays. or border States. Local law enforce- The PRESIDING OFFICER. Is there a ment in those states incur a lot of ex- Barrasso Ensign LeMieux sufficient second? Baucus Enzi McCain penses; those associated with illegal Bingaman Feinstein McConnell There is a sufficient second. immigrants, especially those who are Boxer Graham Nelson (NE) The question is on agreeing to the criminals. I urge my colleagues to sup- Brownback Grassley Reid Burr Hagan Risch motion. port this amendment and match what Chambliss Hatch the House of Representatives did when Roberts The clerk will call the roll. Coburn Hutchison Tester Cornyn Isakson they passed this amendment by a vote Thune The assistant legislative clerk called Crapo Johanns of 405 to 1. Let’s go along with the Wicker the roll. DeMint Kyl House of Representatives and make Mr. DURBIN. I announce that the sure our local law enforcement has the NAYS—67 Senator from West Virginia (Mr. BYRD) resources they need to fight those who Akaka Bunning Conrad is necessarily absent. are here illegally and committing seri- Alexander Burris Corker The PRESIDING OFFICER. Are there Bayh Cantwell Dodd ous crimes. Begich Cardin Dorgan any other Senators in the Chamber de- The PRESIDING OFFICER. The Sen- Bennet Carper Durbin siring to vote? ator from Alabama is recognized. Bennett Casey Feingold The result was announced—yeas 54, Mr. SHELBY. Mr. President, I rise in Bond Cochran Franken Brown Collins Gillibrand nays 45, as follows: opposition to the Ensign amendment.

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.064 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11172 CONGRESSIONAL RECORD — SENATE November 5, 2009 Gregg Lincoln Shaheen Mr. BINGAMAN. As chairman of the law enforcement ranks remain stable. Harkin Lugar Shelby Energy and Natural Resources Com- In February, this body took significant Inhofe McCaskill Snowe Inouye Menendez Specter mittee, I would also like to point out steps to ensure that our law enforce- Johnson Merkley Stabenow another initiative by the Bureau in the ment maintained its ranks through in- Kaufman Mikulski Udall (CO) fiscal year 2010 budget on the effect of vestments made in the American Re- Kerry Murkowski Udall (NM) energy consumption on the gross do- covery and Reinvestment Act. The Kirk Murray Vitter Klobuchar Nelson (FL) Voinovich mestic product. I believe that such stimulus provided $1 billion for the Kohl Pryor Warner macroeconomic information will be COPS Hiring Recovery Program, Landrieu Reed Webb Lautenberg Rockefeller critical as we develop a comprehensive CHRP, which was intended to help Leahy Sanders Whitehouse energy policy that is currently before communities hire and rehire police of- Levin Schumer Wyden the Congress. ficers during the recession. Nearly 7,300 Lieberman Sessions Ms. MIKULSKI. Yes, I am aware of CHRP applications requesting over NOT VOTING—1 the initiative and it is important we 39,000 officers and $8.3 billion in funds Byrd understand how the recent prices in- were submitted to the COPS Office. Be- The PRESIDING OFFICER. On this creases for the energy we use affects cause of limited funds available, COPS vote, the yeas are 32, the nays are 67. the overall gross domestic product. was able to fund only 1,046—14 percent Mr. BINGAMAN. I would like to ask Three-fifths of the Senators duly cho- of the 7,272 CHRP requests received the manager if during conference with sen and sworn not having voted in the during the 2009 solicitation. the House consideration can be given Some local law enforcement in my affirmative, the motion is not agreed to help start these two initiatives so state are in need of assistance, though, to, the point of order is sustained, and that we in Congress can begin to under- and have not been able to get it. In the amendment falls. stand how these two important param- July, the Montrose Police Department AMENDMENT NO. 2393 eters affect our gross domestic product. tragically lost Sgt. David Kinterknecht The question is on agreeing to Ms. MIKULSKI. I thank Senator in a shooting. His sacrifice in the line amendment No. 2393. BINGAMAN. I will work with the House of fire is a testament to the commit- The amendment (No. 2393) was agreed and Senate conferees to give these two ment of law enforcement in Colorado. to. important initiatives the consideration Unfortunately, Montrose and some The PRESIDING OFFICER. The Sen- they deserve. other departments in my state were re- ator from Maryland is recognized. jected when they applied for the COPS Ms. MIKULSKI. Mr. President, I ask f Hiring Recovery Program. After the unanimous consent that it be in order COPS HIRING PROGRAM FUNDING loss of Sergeant Kinterknecht, they to make a point of order against the re- Mr. BENNET. Mr. President, I con- were not only unable to add to their maining amendments. gratulate the senior Senators from force, but also could not refill their The PRESIDING OFFICER. Without Maryland and Alabama for their excel- ranks after this tragic death. The objection, it is so ordered. lent work putting together a Com- Montrose Police Department remains Ms. MIKULSKI. I make a point of merce, Justice, Science—CJS—appro- an officer short. order en bloc that amendments Nos. priations bill that invests in critical The story of the Montrose Police De- 2644, 2627, 2646, 2625, 2642, and 2632 are national priorities. At this moment, I partment is just one of the many chal- either not germane postcloture or vio- would like to invite Chairwoman MI- lenges faced by law enforcement as late rule XVI. KULSKI to enter into a colloquy about they try to protect our communities. The PRESIDING OFFICER. The how important that the Community- Denver had to forego pay increases for points of order are well taken. The Oriented Policing Services, COPS, Hir- 2010 and 2011 due to shortfalls in the amendments fall. ing Program is for our local law en- city budget, for example. The city AMENDMENT NO. 2647, AS MODIFIED forcement personnel. Given the budget faced layoffs and our law enforcement Ms. MIKULSKI. Mr. President, not shortfalls faced by states and local gov- made hard concessions in order to pro- withstanding the order regarding the ernments, federal resources through tect crucial jobs. Now in addition to passage of H.R. 2847, I now ask unani- the COPS program are absolutely es- making sacrifices in the line of duty, mous consent that amendment No. sential to ensure that work we are law enforcement is making financial 2647, as modified, be agreed to and the doing locally to prevent domestic vio- sacrifices as our communities struggle motion to reconsider be laid upon the lence and drug trafficking, for exam- to stay above water. table. ple, do not go neglected during this re- An increase in funding for the COPS The PRESIDING OFFICER. Without cession. I know Senator MIKULSKI has Hiring Program would go a long way objection, it is so ordered. championed the COPS program, and. I toward helping communities brace The amendment (No. 2647), as modi- would love to hear more of her with the challenges of the current eco- fied, was agreed to. thoughts. nomic crisis. EFFECTS OF RESEARCH AND DEVELOPMENT AND Ms. MIKULSKI. Certainly, I thank Ms. MIKULSKI. I agree that we need ENERGY ON THE GDP the Senator for his kind words. As the to do all we can to help our police offi- Mr. BINGAMAN. Speaking through Senator noted, I am a strong supporter cers to ensure they are not walking a the Chair to the manager of the Com- of the COPS Hiring Program. This year thin blue line. Our cops need a full merce-Justice-Science bill, I would like in particular, we faced difficult funding team to combat violence, protect fami- to ask if she is aware that the Presi- decisions and had to juggle a number of lies, and fight the crime that’s destroy- dent’s fiscal year 2010 budget for the priorities because we were trying to ing neighborhoods. The funding pro- Bureau of Economic Analysis con- make up for years of underinvestment vided in the stimulus went a long way tained two important initiatives to in Justice Department programs. That toward helping put cops back on the measure the impact that research and is why our fiscal year 2010 CJS spend- beat. It is clear that the demand and development as well as energy has on ing bill provides $100 million for the needs of local communities are high. the gross domestic product? COPS Hiring Program to put an addi- The Senators tireless advocacy for his Ms. MIKULSKI. Yes, I am aware of tional 500 cops on the beat, patrolling State’s law enforcement is much appre- these two important initiatives I know our streets and protecting our families. ciated. The Senator has made his point from the COMPETES Act, which I was As we move forward to conference with loud and clear, and I know we will con- integrally involved in with the Sen- the House, I expect to hear from Demo- tinue to hear from him on the impor- ator, that one of the more important cratic members about the need to in- tance of the COPS Hiring Program as policy questions is what effect research crease those funds. I intend to do my we move into conference. and development has on gross domestic part in conference to see that this pro- Mr. BENNET. I thank the Senator. product. There are many estimates gram remains a high priority in the Mr. CARDIN. Mr. President, I rise that it is substantial and it is an im- conference report. today to express my support for the portant question for Congress to con- Mr. BENNET. I agree with the Sen- Senate amendment to H.R. 3288 and to sider. ator that we need to ensure that our thank my colleagues on the Commerce,

VerDate Nov 24 2008 02:19 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.022 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11173 Justice, Science, and Related Agencies the Census ensures that they do Mr. AKAKA. Mr. President, I support Appropriations Subcommittee for their through the process of reapportion- the Commerce, Justice, Science, and fine work on this bill. I congratulate ment. It is imperative that the 2010 Related Agencies appropriations bill the senior Senator from Maryland, Ms. Census count be accurate. I thank the for fiscal year 2010. This bill’s priorities MIKULSKI, and the ranking member, appropriators for their attention to will protect America from terrorism Mr. SHELBY, for crafting legislation this important matter on behalf of the and violent crime; create jobs for that positively impacts the course of nearly 4,300 employees of the U.S. Cen- Americans by investing in the Nation’s technology-based innovation, U.S. sus Bureau Headquarters in Suitland, scientific infrastructure and in new competitiveness, and scientific ad- MD. technologies; and ensure a timely and vances while protecting Americans The committee has provided $27.39 accurate 2010 decennial census. from terrorism and violent crime. billion for the Department of Justice. In Hawaii, as in the rest of the Na- In my home State of Maryland, we This will fund important grant pro- tion, sexual and domestic violence un- are fortunate to have many Maryland grams like the Byrne justice assistance fortunately persists, bringing with it facilities that have crucial roles in the grants for local law enforcement, and the need for programs and services that development and advancement of Community Oriented Policing Service address such violence and meet the science and technology. The Senate or COPS grants, and other crime abate- needs of victims. For nearly four dec- amendment provides $878.8 million for ment activities. The bill combats ades, the Sexual Assault Response the National Institute of Standards crime in Maryland by providing fund- Services of the Hawaii County and and Technology, or NIST. NIST oper- ing for programs such as the Annapolis Kauai County YWCAs, have offered a ates a 234-acre headquarter facility in Capital City Safe Streets Program and 24/7 sexual assault hotline, 24/7 on-call Gaithersburg, MD, where more than the Maryland Department of Juvenile crisis intervention, and support for vic- 2,500 scientists, engineers, technicians, Services Violence Prevention Initia- tims of sexual assault and violence and support personnel are employed. tive. This bill supports our law enforce- through the medical examination and NIST assists industry in developing ment officers who protect and serve legal services process, individual/group technology to improve product quality, Americans each day by giving them the therapeutic counseling, and case man- resources needed to combat and deter helps modernize manufacturing proc- agement. I am therefore thankful that violent crimes. In Maryland, this in- esses, ensure product reliability, and this bill includes $400,000 to enable the cludes the State Police First Re- facilitate rapid commercialization of Hawaii and Kauai County YWCAs to sponder Radio Interoperability Project. products based on scientific discov- continue their critically needed serv- eries. The State of Maryland has committed to developing a Radio interoperability ices. Maryland is also fortunate to be Like other political jurisdictions Project that will link State and local home to several National Oceanic and across the Nation, Hawaii has pursued law enforcement agencies for coordi- Atmospheric, or NOAA, facilities. The collaborative, community based delin- nated, comprehensive protective serv- Senate amendment provides $4.77 bil- quency prevention programs targeted ices. lion for NOAA. NOAA provides sci- to at-risk youth. To address this need I commend Senator MIKULSKI for entific, technical, and management ex- boosting funding for the Legal Services the bill includes $300,000 for Ka Wili Pu pertise to promote safe and efficient Corporation, LSC, in this bill, and for (Native Hawaiian for ‘‘the blend’’) a marine and air navigation; assess the removing the restrictions on the use of project that would provide 400 at-risk health of coastal and marine resources; non-LSC funds by LSC grant recipi- youth on Maui with adult guidance and monitor and predict the coastal, ocean, ents. Lifting this restriction in the law adult role models and one-on-one in- and global environments—including is important, because it allows LSC struction to bolster their self-esteem, weather forecasting—and protect and grantees to use their own funds to pur- self-confidence, school attendance, and manage the Nation’s coastal resources. sue class action lawsuits and attorneys academic performance and dissuade NOAA’s significance is strongly felt in fees. These are critical tools for law- them from becoming truants and drop- Maryland which, with the Chesapeake yers to have in their arsenal as they outs. By encouraging at-risk youth to Bay, boasts 4,000 miles of coastal land. fight to protect their low-income cli- remain in school, fulfill their promise, The bill funds several environmental ents against egregious miscarriages of and avoid a problematic future with projects important to Maryland includ- justice, and help the most vulnerable few meaningful options, Ka Wili Pu ing the Chesapeake Bay Interpretive individuals in our society secure equal promotes a healthier and more stable Buoy System and NOAA’s Chesapeake justice under the law. I chaired a hear- society. Bay Oyster Restoration, and the Chesa- ing in May 2008 in the Judiciary Com- Recognizing that children and elderly peake Bay Environmental Center to mittee on ‘‘Closing the Justice Gap.’’ adults can become lost and disoriented name a few. This bill is consistent with many of our in the urban and suburban areas of Ha- As we are all acutely aware, the de- witnesses’ recommendations at the waii, $500,000 is provided for A Child Is cennial Census will soon be upon us. hearing, and also with the underlying Missing—ACIM—Hawaii. ACIM cur- This legislation provides $7.32 billion reauthorization legislation—the Civil rently operates in 49 States but not in for the Census Bureau. The challenges Access to Justice Act—filed by Sen- Hawaii, where its advanced telephone- of the 2010 Census will be unlike any ators KENNEDY, HARKIN, and me in based computer system only recently previously experienced. Hot button March 2009. I am also pleased that the became available. That system can issues such as immigration and House has introduced legislation to re- place 1,000 phone calls every 60 seconds healthcare have cultivated mistrust of authorize LSC, and look forward to to residences and businesses in the area the government and will impede public working with the Obama administra- where a missing child or adult was last cooperation on the Census. Responses tion and my colleagues in Congress to seen. This initiative will provide that to economic conditions such as fami- enact both the LSC appropriations and critical rapid response to assist law en- lies whose home have been foreclosed reauthorization legislation in this Con- forcement agencies in Hawaii to locate living in recreational vehicles or mul- gress. missing children and adults. tiple families ‘‘doubling up’’ into single In closing, again let me say how I am also pleased that $500,000 was in- family homes present even more chal- much I appreciate the work of Senator cluded in this legislation for the State lenges. However, these challenges sim- MIKULSKI, Senator SHELBY, and their Courts Improvement Initiative of the ply underscore the importance of the staffs along with the rest of the sub- National Center or to Courts, NCSC. Census and the necessity of making committee. In addition to providing for The NCSC was founded in 1971 by the sure every person counts. The Census critical law enforcement needs, they Conference of Chief Justices, CCJ, the count will determine federal financial have crafted a bill that spurs American Conference of State Court Administra- formula allocations. Not in the past interests in science and technology for- tors, COSCA, and former U.S. Supreme seven decades has the Census been so ward; making way for American inno- Court Chief Justice Warren E. Burger. significant, economically speaking. vation in the global economy. I find Today, the NCSC serves as a think And for those who question whether that quite impressive and I support tank, forum, and voice for 30,000 their voices are heard on Capitol Hill; this bill. judges, and 20,000 courthouses, in the

VerDate Nov 24 2008 02:19 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.052 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11174 CONGRESSIONAL RECORD — SENATE November 5, 2009 State court system in the 50 States, understanding of climate change, im- infrasound technology has the poten- DC, Puerto Rico, the U.S. Virgin Is- prove warning systems for public safe- tial to minimize the catastrophic lands, Guam, and American Samoa, ty, and further science education at human and economic loss resulting where annually 98 percent of court fil- the ’Imiloa Astronomy Center. These from a natural disaster. The objective ings are submitted. This request funds programs will inform our decisions on is to develop technologies for the implementation of the NCSC’s how we manage our resources, as well infrasound warning systems for emer- State Courts Improvement Initiative, as understand and interact with our gency organizations and traffic control which will increase support services to natural environment. agencies. Potential applications of judges, administrators and other per- Maintaining healthy ecosystems that infrasound monitoring may include sonnel in the state court system. Im- extend into our oceans is important. volcanic eruptions, gulf coast hurri- proving the operations of the state Coral reef ecosystems provide benefits cane tracking, tsunami infrasound courts will help shape Americans’ un- by protecting coastal communities, warning, acoustic monitoring of ocean derstanding of and confidence in the sustaining fisheries, and preserving swells, infrasonic tornado detection, Nation’s judicial system. biodiversity. Hawaii’s coral reefs gen- and other natural disasters such as Because there may be Hawaii pris- erate more than $360 million a year on avalanches and wild fires. Development oners with credible claims to actual in- reef related tourism and fisheries ac- of this technology and lessons learned nocence who have exhausted their ap- tivities. To ensure this natural re- can help enhance existing warning sys- pellate rights and their rights to coun- source is preserved, $2.250 million is tems nationwide. sel, the bill includes $300,000 for the Ha- provided in this bill to conduct studies Developing interest in science by our waii Innocence Project. Founded in that will enable scientists to develop Nation’s youth at an early age ensures 2005 by Hawaii attorneys in partnership predictive management tools for the that they are better prepared to pursue with the William S. Richardson School conservation and management of and excel in the fields of science, tech- of Law, this project, in which law stu- healthy coral reef ecosystems in Ha- nology, engineering, and math. In an dents work alongside practicing crimi- waii and develop best practices to re- effort to cultivate a life-long interest nal defense attorneys, provides pro store reefs where human related activi- in science and learning, $2.5 million is bono assistance to Hawaii prisoners ties result in reef ecosystem decline. provided to expand astronomy and cul- who no longer have access to legal re- This initiative will help ensure that ture exhibits, as well as to develop sources but who may be innocent of the these reefs are protected and managed community and educational program- crimes for which they were convicted, well, while also empowering coastal ming at the Imiloa Astronomy Center. and whose innocence may now be prov- communities across the country to This endeavor is a joint initiative sup- en through technology unavailable at minimize human impact on our reefs. ported by partners including the Na- the time of their trials. The possible The National Oceanic and Atmos- tional Oceanic and Atmospheric Ad- exoneration of any wrongfully con- pheric Administration will receive $4 ministration and Hawaii Volcanoes Na- victed individual will help to serve the million in this bill to continue the im- tional Park. This program will serve as cause of justice. plementation of the Hawaiian monk a model that integrates university/re- The Violence Against Women Act, seal recovery plan. The Hawaiian monk search institution resources with com- VAWA, acknowledges that immigrant seal, endemic to Hawaii, is the most munity learning needs using the center women, particularly indigent women, endangered seal in the country and one as a catalyst to engage and educate are a specific and often overlooked at- of the most endangered marine mam- students and the general community. risk group. In Hawaii, the Hawaii Im- mals in the world. In the last 50 years Further, this initiative increases pub- migrant Justice Center, HIJC, is the the Hawaiian monk seal population has lic understanding and enjoyment of only agency providing pro bono civil fallen by 60 percent, with a current science research, while supporting the legal services to indigent immigrants, population of less than 1,200 individual national priority of attracting more particularly immigrant women who are seals. Funding will address female and students into science and technology victims of sexual assault and domestic juvenile monk seal survival and en- related fields. violence. For many years, the HIJC has hancement, as well as efforts to mini- In conclusion, I would like to thank coordinated and delivered comprehen- mize monk seal mortality. Further, the senior Senator from Hawaii and the sive assistance to indigent immigrant these funds will strengthen coordinated senior Senator from Mississippi, the women through a cost-effective deliv- regional office efforts for field response chairman and ranking member, respec- ery of legal, medical, psychological, teams and enhance implementation of tively, of the Appropriations Com- and social services that would other- the 2007 recovery plan. mittee, as well as the senior Senator wise have required the intervention of We know that there are significant from Maryland and the senior Senator a range of other public agencies and at effects of climate change, especially in from Alabama, the Chairwoman and far greater cost. I am pleased that this Hawaii and the Pacific region. As is- ranking member, respectively, for the bill includes $200,000 for the HIJC to en- land communities, sea level rise, coral Appropriations Subcommittee on Com- able the agency to continue to perform bleaching, and severe weather associ- merce, Justice, Science, and Related its good work, which not only assists ated with climate change have unique Agencies, for their support in funding immigrant victims of sexual violence impacts on the public safety, economic these important priorities for Hawaii but places them on a path to self-suffi- development, and health of our eco- and for their efforts in developing and ciency that will, in time and over the systems and wildlife. Fortunately, $1.5 managing this bill through the legisla- long term, mitigate the effects of million is provided in the bill for the tive process. crime and promote family and social International Pacific Research Center The PRESIDING OFFICER. The sub- stability. at the University of Hawaii to conduct stitute amendment, as amended, is All in all, the fiscal year 2010 Depart- systematic and reliable climatographic agreed to. ment of Justice-related appropriations research for the Pacific. Improving our The question is on the engrossment will help Hawaii to discourage delin- understanding of climate variability of the committee amendment, as quency and crime, bring criminals to empowers us to use data and models to amended, and third reading of the bill. justice, address and meet the needs of mitigate adverse impacts. The amendment, as amended, was or- victims, and promote a fairer and more Given Hawaii’s geographic isolation, dered to be engrossed, and the bill to be just society. having warning systems in place to ad- read a third time. Funding included in this bill also bol- dress public safety needs is critical. In The bill was read a third time. sters advancements in science and order to focus on response and pre- The PRESIDING OFFICER. The bill technology, as well as enhances U.S. paredness needs, I worked to ensure having been read the third time, the competitiveness. I am proud to have that $2 million was provided to foster question is, Shall the bill pass? worked with Senator INOUYE to secure the development of infrasound as a Ms. MIKULSKI. Mr. President, I ask resources that support ecosystem based warning tool for natural hazards. As a for the yeas and nays. management, preserve the endangered joint initiative by the University of The PRESIDING OFFICER. Is there a Hawaiian Monk Seal, strengthen our Hawaii and University of Mississippi, sufficient second?

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.023 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11175 There is a sufficient second. periods not exceeding 10 years, and expenses of ther, That payments and contributions collected The clerk will call the roll. alteration, repair, or improvement; purchase or and accepted for materials or services provided The legislative clerk called the roll. construction of temporary demountable exhi- as part of such activities may be retained for use Mr. DURBIN. I announce that the bition structures for use abroad; payment of tort in covering the cost of such activities, and for claims, in the manner authorized in the first providing information to the public with respect Senator from West Virginia (Mr. BYRD) paragraph of 28 U.S.C. 2672 when such claims to the export administration and national secu- is necessarily absent. arise in foreign countries; not to exceed $327,000 rity activities of the Department of Commerce The PRESIDING OFFICER. Are there for official representation expenses abroad; pur- and other export control programs of the United any other Senators in the Chamber de- chase of passenger motor vehicles for official use States and other governments. siring to vote? abroad, not to exceed $45,000 per vehicle; obtain- ECONOMIC DEVELOPMENT ADMINISTRATION ing insurance on official motor vehicles; and The result was announced—yeas 71, ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS nays 28, as follows: rental of tie lines, $455,704,000, to remain avail- able until September 30, 2011, of which $9,439,000 For grants for economic development assist- [Rollcall Vote No. 340 Leg.] is to be derived from fees to be retained and used ance as provided by the Public Works and Eco- YEAS—71 by the International Trade Administration, not- nomic Development Act of 1965, and for trade adjustment assistance, $200,000,000, to remain Akaka Franken Murray withstanding 31 U.S.C. 3302: Provided, That not available until expended: Provided, That of the Alexander Gillibrand Nelson (NE) less than $49,530,000 shall be for Manufacturing Baucus Gregg Nelson (FL) and Services; not less than $43,212,000 shall be amounts provided, no more than $4,000,000 may Begich Hagan Pryor for Market Access and Compliance; not less be transferred to ‘‘Economic Development Ad- Bennet Harkin Reed than $68,290,000 shall be for the Import Adminis- ministration, Salaries and Expenses’’ to conduct Bennett Hutchison Reid tration; not less than $257,938,000 shall be for management oversight and administration of Bingaman Inouye Rockefeller the Trade Promotion and United States and public works grants. Bond Johnson Sanders Foreign Commercial Service; and not less than SALARIES AND EXPENSES Boxer Kaufman Schumer Brown Kerry $27,295,000 shall be for Executive Direction and Shaheen For necessary expenses of administering the Brownback Kirk Administration: Provided further, That the pro- Shelby economic development assistance programs as Burris Klobuchar visions of the first sentence of section 105(f) and Snowe provided for by law, $38,000,000: Provided, That Cantwell Kohl all of section 108(c) of the Mutual Educational these funds may be used to monitor projects ap- Cardin Landrieu Specter Stabenow and Cultural Exchange Act of 1961 (22 U.S.C. proved pursuant to title I of the Public Works Carper Lautenberg 2455(f) and 2458(c)) shall apply in carrying out Casey Leahy Tester Employment Act of 1976, title II of the Trade Act Cochran LeMieux Udall (CO) these activities without regard to section 5412 of of 1974, and the Community Emergency Drought Collins Levin Udall (NM) the Omnibus Trade and Competitiveness Act of Relief Act of 1977. Conrad Lieberman Vitter 1988 (15 U.S.C. 4912); and that for the purpose MINORITY BUSINESS DEVELOPMENT AGENCY Dodd Lincoln Voinovich of this Act, contributions under the provisions Dorgan Menendez Warner of the Mutual Educational and Cultural Ex- MINORITY BUSINESS DEVELOPMENT Durbin Merkley Webb change Act of 1961 shall include payment for as- For necessary expenses of the Department of Feingold Mikulski Whitehouse sessments for services provided as part of these Commerce in fostering, promoting, and devel- Feinstein Murkowski Wyden activities: Provided further, That negotiations oping minority business enterprise, including ex- NAYS—28 shall be conducted within the World Trade Or- penses of grants, contracts, and other agree- Barrasso Ensign McCain ganization to recognize the right of members to ments with public or private organizations, Bayh Enzi McCaskill distribute monies collected from antidumping $31,200,000: Provided, That within the amounts Bunning Graham McConnell and countervailing duties: Provided further, appropriated, $200,000 shall be used for the Burr Grassley Risch That negotiations shall be conducted within the projects, and in the amounts, specified in the Chambliss Hatch Roberts World Trade Organization consistent with the table entitled, ‘‘Congressionally designated Coburn Inhofe Sessions negotiating objectives contained in the Trade projects’’ in the report of the Committee on Ap- Corker Isakson Thune Act of 2002, Public Law 107–210, to maintain propriations of the Senate to accompany this Cornyn Johanns Wicker Crapo Kyl strong U.S. remedies laws, correct the problem of Act. DeMint Lugar overreaching by World Trade Organization Pan- ECONOMIC AND STATISTICAL ANALYSIS els and Appellate Body, and prevent the cre- SALARIES AND EXPENSES NOT VOTING—1 ation of obligation never negotiated or expressly Byrd agreed to by the United States: Provided fur- For necessary expenses, as authorized by law, ther, That within the amounts appropriated, of economic and statistical analysis programs of The bill (H.R. 2847), as amended, was the Department of Commerce, $100,600,000, to re- passed, as follows: $1,500,000 shall be used for the projects, and in the amounts, specified in the table entitled main available until September 30, 2011. H.R. 2847 ‘‘Congressionally designated projects’’ in the re- BUREAU OF THE CENSUS Resolved, That the bill from the House of port of the Committee on Appropriations of the SALARIES AND EXPENSES Representatives (H.R. 2847) entitled ‘‘An Act Senate to accompany this Act. For expenses necessary for collecting, com- making appropriations for the Departments BUREAU OF INDUSTRY AND SECURITY piling, analyzing, preparing, and publishing of Commerce and Justice, and Science, and OPERATIONS AND ADMINISTRATION statistics, provided for by law, $259,024,000. Related Agencies for the fiscal year ending For necessary expenses for export administra- September 30, 2010, and for other purposes.’’, PERIODIC CENSUSES AND PROGRAMS tion and national security activities of the De- do pass with the following amendment: For necessary expenses to collect and publish partment of Commerce, including costs associ- Strike out all after the enacting clause and statistics for periodic censuses and programs ated with the performance of export administra- insert: provided for by law, $7,065,707,000, to remain tion field activities both domestically and available until September 30, 2011: Provided, That the following sums are appropriated, out abroad; full medical coverage for dependent of any money in the Treasury not otherwise ap- That none of the funds provided in this or any members of immediate families of employees sta- other Act for any fiscal year may be used for the propriated, for the fiscal year ending September tioned overseas; employment of Americans and 30, 2010, and for other purposes, namely: collection of census data on race identification aliens by contract for services abroad; payment that does not include ‘‘some other race’’ as a TITLE I of tort claims, in the manner authorized in the category: Provided further, That from amounts DEPARTMENT OF COMMERCE first paragraph of 28 U.S.C. 2672 when such provided herein, funds may be used for addi- claims arise in foreign countries; not to exceed INTERNATIONAL TRADE ADMINISTRATION tional promotion, outreach, and marketing ac- $15,000 for official representation expenses tivities. OPERATIONS AND ADMINISTRATION abroad; awards of compensation to informers NATIONAL TELECOMMUNICATIONS AND For necessary expenses for international trade under the Export Administration Act of 1979, INFORMATION ADMINISTRATION activities of the Department of Commerce pro- and as authorized by 22 U.S.C. 401(b); and pur- vided for by law, and for engaging in trade pro- chase of passenger motor vehicles for official use SALARIES AND EXPENSES motional activities abroad, including expenses of and motor vehicles for law enforcement use with For necessary expenses, as provided for by grants and cooperative agreements for the pur- special requirement vehicles eligible for pur- law, of the National Telecommunications and pose of promoting exports of United States firms, chase without regard to any price limitation Information Administration (NTIA), $19,999,000, without regard to 44 U.S.C. 3702 and 3703; full otherwise established by law, $100,342,000, to re- to remain available until September 30, 2011: medical coverage for dependent members of im- main available until expended, of which Provided, That, notwithstanding 31 U.S.C. mediate families of employees stationed overseas $14,767,000 shall be for inspections and other ac- 1535(d), the Secretary of Commerce shall charge and employees temporarily posted overseas; tivities related to national security: Provided, Federal agencies for costs incurred in spectrum travel and transportation of employees of the That the provisions of the first sentence of sec- management, analysis, operations, and related International Trade Administration between tion 105(f) and all of section 108(c) of the Mu- services, and such fees shall be retained and two points abroad, without regard to 49 U.S.C. tual Educational and Cultural Exchange Act of used as offsetting collections for costs of such 40118; employment of Americans and aliens by 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply spectrum services, to remain available until ex- contract for services; rental of space abroad for in carrying out these activities: Provided fur- pended: Provided further, That the Secretary of

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 6333 E:\CR\FM\G05NO6.067 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11176 CONGRESSIONAL RECORD — SENATE November 5, 2009 Commerce is authorized to retain and use as off- transferred to ‘‘Office of Inspector General’’ for vided for in direct obligations under this head- setting collections all funds transferred, or pre- activities associated with carrying out investiga- ing $3,301,131,000 is appropriated from the gen- viously transferred, from other Government tions and audits related to the USPTO. eral fund, $3,000,000 is provided by transfer: agencies for all costs incurred in telecommuni- NATIONAL INSTITUTE OF STANDARDS AND Provided further, That the total amount avail- cations research, engineering, and related ac- TECHNOLOGY able for the National Oceanic and Atmospheric tivities by the Institute for Telecommunication Administration corporate services administrative SCIENTIFIC AND TECHNICAL RESEARCH AND Sciences of NTIA, in furtherance of its assigned support costs shall not exceed $226,809,000: Pro- SERVICES functions under this paragraph, and such funds vided further, That payments of funds made received from other government agencies shall For necessary expenses of the National Insti- available under this heading to the Department remain available until expended. tute of Standards and Technology, $520,300,000, of Commerce Working Capital Fund including to remain available until expended, of which PUBLIC TELECOMMUNICATIONS FACILITIES, Department of Commerce General Counsel legal not to exceed $9,000,000 may be transferred to services shall not exceed $36,583,000: Provided PLANNING AND CONSTRUCTION the ‘‘Working Capital Fund’’: Provided, That further, That within the amounts appropriated, For the administration of grants, authorized not to exceed $5,000 shall be for official recep- $57,725,000 shall be used for the projects, and in by section 392 of the Communications Act of tion and representation expenses: Provided fur- the amounts, specified in the table entitled 1934, $20,000,000, to remain available until ex- ther, That within the amounts appropriated, ‘‘Congressionally designated projects’’ in the re- pended as authorized by section 391 of the Act: $10,500,000 shall be used for the projects, and in port of the Committee on Appropriations of the Provided, That not to exceed $2,000,000 shall be the amounts, specified in the table entitled Senate to accompany this Act: Provided further, available for program administration as author- ‘‘Congressionally designated projects’’ in the re- That any deviation from the amounts des- ized by section 391 of the Act: Provided further, port of the Committee on Appropriations of the ignated for specific activities in the report ac- That, notwithstanding the provisions of section Senate to accompany this Act. companying this Act, or any use of deobligated 391 of the Act, the prior year unobligated bal- INDUSTRIAL TECHNOLOGY SERVICES balances of funds provided under this heading ances may be made available for grants for For necessary expenses of the Hollings Manu- in previous years, shall be subject to the proce- projects for which applications have been sub- facturing Extension Partnership of the National dures set forth in section 505 of this Act: Pro- mitted and approved during any fiscal year. Institute of Standards and Technology, vided further, That in allocating grants under UNITED STATES PATENT AND TRADEMARK OFFICE $124,700,000, to remain available until expended. sections 306 and 306A of the Coastal Zone Man- SALARIES AND EXPENSES In addition, for necessary expenses of the Tech- agement Act of 1972, as amended, no coastal State shall receive more than 5 percent or less For necessary expenses of the United States nology Innovation Program of the National In- than 1 percent of increased funds appropriated Patent and Trademark Office (USPTO) provided stitute of Standards and Technology, $69,900,000, to remain available until expended. over the previous fiscal year. for by law, including defense of suits instituted In addition, for necessary retired pay ex- CONSTRUCTION OF RESEARCH FACILITIES against the Under Secretary of Commerce for In- penses under the Retired Serviceman’s Family tellectual Property and Director of the United For construction of new research facilities, in- Protection and Survivor Benefits Plan, and for States Patent and Trademark Office, cluding architectural and engineering design, payments for the medical care of retired per- $1,930,361,000, to remain available until ex- and for renovation and maintenance of existing sonnel and their dependents under the Depend- pended: Provided, That the sum herein appro- facilities, not otherwise provided for the Na- ents Medical Care Act (10 U.S.C. 55), such sums priated from the general fund shall be reduced tional Institute of Standards and Technology, as may be necessary. as offsetting collections assessed and collected as authorized by 15 U.S.C. 278c–278e, PROCUREMENT, ACQUISITION AND CONSTRUCTION pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and $163,900,000, to remain available until expended: For procurement, acquisition and construction 376 are received during fiscal year 2010, so as to Provided, That within the amounts appro- of capital assets, including alteration and modi- result in a fiscal year 2010 appropriation from priated, $47,000,000 shall be used for the fication costs, of the National Oceanic and At- the general fund estimated at $0: Provided fur- projects, and in the amounts, specified in the mospheric Administration, $1,397,685,000, to re- ther, That during fiscal year 2010, should the table entitled ‘‘Congressionally designated main available until September 30, 2012, except total amount of offsetting fee collections be less projects’’ in the report of the Committee on Ap- funds provided for construction of facilities than $1,930,361,000, this amount shall be re- propriations of the Senate to accompany this which shall remain available until expended: duced accordingly: Provided further, That of Act: Provided further, That the Secretary of Provided, That of the amounts provided for the the amount received in excess of $1,930,361,000 in Commerce shall include in the budget justifica- National Polar-orbiting Operational Environ- fiscal year 2010, in an amount up to $100,000,000 tion materials that the Secretary submits to mental Satellite System, funds shall only be shall remain until expended: Provided further, Congress in support of the Department of Com- made available on a dollar-for-dollar matching That from amounts provided herein, not to ex- merce budget (as submitted with the budget of basis with funds provided for the same purpose ceed $1,000 shall be made available in fiscal year the President under section 1105(a) of title 31, by the Department of Defense: Provided further, 2010 for official reception and representation ex- United States Code) an estimate for each Na- That except to the extent expressly prohibited by penses: Provided further, That of the amounts tional Institute of Standards and Technology any other law, the Department of Defense may provided to the USPTO within this account, construction project having a total multi-year delegate procurement functions related to the $25,000,000 shall not become available for obliga- program cost of more than $5,000,000 and simul- National Polar-orbiting Operational Environ- tion until the Director of the USPTO has com- taneously the budget justification materials mental Satellite System to officials of the De- pleted a comprehensive review of the assump- shall include an estimate of the budgetary re- partment of Commerce pursuant to section 2311 tions behind the patent examiner expectancy quirements for each such project for each of the of title 10, United States Code: Provided further, goals and adopted a revised set of expectancy five subsequent fiscal years. goals for patent examination: Provided further, That any deviation from the amounts des- NATIONAL OCEANIC AND ATMOSPHERIC ignated for specific activities in the report ac- That in fiscal year 2010 from the amounts made ADMINISTRATION available for ‘‘Salaries and Expenses’’ for the companying this Act, or any use of deobligated USPTO, the amounts necessary to pay: (1) the OPERATIONS, RESEARCH, AND FACILITIES balances of funds provided under this heading difference between the percentage of basic pay (INCLUDING TRANSFERS OF FUNDS) in previous years, shall be subject to the proce- contributed by the USPTO and employees under For necessary expenses of activities author- dures set forth in section 505 of this Act: Pro- section 8334(a) of title 5, United States Code, ized by law for the National Oceanic and At- vided further, That the Secretary of Commerce and the normal cost percentage (as defined by mospheric Administration, including mainte- is authorized to enter into a lease, at no cost to section 8331(17) of that title) of basic pay, of em- nance, operation, and hire of aircraft and ves- the United States Government, with the Regents ployees subject to subchapter III of chapter 83 of sels; grants, contracts, or other payments to of the University of Alabama for a term of not that title; and (2) the present value of the other- nonprofit organizations for the purposes of con- less than 55 years, with two successive options wise unfunded accruing costs, as determined by ducting activities pursuant to cooperative agree- each of 5 years, for land situated on the campus the Office of Personnel Management, of post-re- ments; and relocation of facilities, $3,301,131,000, of University of Alabama in Tuscaloosa to house tirement life insurance and post-retirement to remain available until September 30, 2011, ex- the Cooperative Institute and Research Center health benefits coverage for all USPTO employ- cept for funds provided for cooperative enforce- for Southeast Weather and Hydrology: Provided ees, shall be transferred to the Civil Service Re- ment, which shall remain available until Sep- further, That within the amounts appropriated, tirement and Disability Fund, the Employees tember 30, 2012: Provided, That fees and dona- $19,000,000 shall be used for the projects, and in Life Insurance Fund, and the Employees Health tions received by the National Ocean Service for the amounts, specified in the table entitled Benefits Fund, as appropriate, and shall be the management of national marine sanctuaries ‘‘Congressionally designated projects’’ in the re- available for the authorized purposes of those may be retained and used for the salaries and port of the Committee on Appropriations of the accounts: Provided further, That sections 801, expenses associated with those activities, not- Senate to accompany this Act. 802, and 803 of division B, Public Law 108–447 withstanding 31 U.S.C. 3302: Provided further, PACIFIC COASTAL SALMON RECOVERY shall remain in effect during fiscal year 2010: That in addition, $3,000,000 shall be derived by For necessary expenses associated with the Provided further, That the Director may, this transfer from the fund entitled ‘‘Coastal Zone restoration of Pacific salmon populations, year, reduce by regulation fees payable for doc- Management’’ and in addition $104,600,000 shall $80,000,000, to remain available until September uments in patent and trademark matters, in be derived by transfer from the fund entitled 30, 2011: Provided, That of the funds provided connection with the filing of documents filed ‘‘Promote and Develop Fishery Products and herein the Secretary of Commerce may issue electronically in a form prescribed by the Direc- Research Pertaining to American Fisheries’’: grants to the States of Washington, Oregon, tor: Provided further, That $2,000,000 shall be Provided further, That of the $3,304,131,000 pro- Idaho, Nevada, California, and Alaska, and

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 6333 E:\CR\FM\A05NO6.027 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11177 federally recognized tribes of the Columbia River of Commerce by this Act for salaries and ex- note) is amended by striking ‘‘2009’’ and insert- and Pacific Coast for projects necessary for con- penses shall be available for hire of passenger ing ‘‘2011’’. servation of salmon and steelhead populations motor vehicles as authorized by 31 U.S.C. 1343 SEC. 109. Nothing in this title shall be con- that are listed as threatened or endangered, or and 1344; services as authorized by 5 U.S.C. strued to prevent a grant recipient from deter- identified by a State as at-risk to be so-listed, 3109; and uniforms or allowances therefor, as ring child pornography, copyright infringement, for maintaining populations necessary for exer- authorized by law (5 U.S.C. 5901–5902). or any other unlawful activity over its net- cise of tribal treaty fishing rights or native sub- SEC. 103. Not to exceed 5 percent of any ap- works. sistence fishing, or for conservation of Pacific propriation made available for the current fiscal SEC. 110. The National Marine Fisheries Serv- coastal salmon and steelhead habitat, based on year for the Department of Commerce in this Act ice is authorized to accept land, buildings, guidelines to be developed by the Secretary of may be transferred between such appropria- equipment, and other contributions including Commerce: Provided further, That funds dis- tions, but no such appropriation shall be in- funding, from public and private sources, which bursed to States shall be subject to a matching creased by more than 10 percent by any such shall be available until expended without fur- requirement of funds or documented in-kind transfers: Provided, That any transfer pursuant ther appropriation to conduct work associated contributions of at least 33 percent of the Fed- to this section shall be treated as a reprogram- with existing authorities. eral funds. ming of funds under section 505 of this Act and This title may be cited as the ‘‘Department of Commerce Appropriations Act, 2010’’. COASTAL ZONE MANAGEMENT FUND shall not be available for obligation or expendi- TITLE II (INCLUDING TRANSFER OF FUNDS) ture except in compliance with the procedures set forth in that section: Provided further, That DEPARTMENT OF JUSTICE Of amounts collected pursuant to section 308 the Secretary of Commerce shall notify the Com- of the Coastal Zone Management Act of 1972 (16 GENERAL ADMINISTRATION mittees on Appropriations at least 15 days in ad- SALARIES AND EXPENSES U.S.C. 1456a), not to exceed $3,000,000 shall be vance of the acquisition or disposal of any cap- For expenses necessary for the administration transferred to the ‘‘Operations, Research, and ital asset (including land, structures, and equip- of the Department of Justice, $118,488,000, of Facilities’’ account to offset the costs of imple- ment) not specifically provided for in this Act or which not to exceed $4,000,000 for security and menting such Act. any other law appropriating funds for the De- construction of Department of Justice facilities FISHERIES FINANCE PROGRAM ACCOUNT partment of Commerce: Provided further, That shall remain available until expended: Provided, Subject to section 502 of the Congressional for the National Oceanic and Atmospheric Ad- That the Attorney General is authorized to Budget Act of 1974, during fiscal year 2010, obli- ministration this section shall provide for trans- transfer funds appropriated within General Ad- gations of direct loans may not exceed fers among appropriations made only to the Na- ministration to any office in this account: Pro- $16,000,000 for Individual Fishing Quota loans tional Oceanic and Atmospheric Administration vided further, That $18,693,000 is for Depart- and not to exceed $59,000,000 for traditional di- and such appropriations may not be transferred ment Leadership; $8,101,000 is for Intergovern- rect loans as authorized by the Merchant Ma- and reprogrammed to other Department of Com- mental Relations/External Affairs; $12,715,000 is rine Act of 1936: Provided, That none of the merce bureaus and appropriation accounts. for Executive Support/Professional Responsi- funds made available under this heading may be SEC. 104. Any costs incurred by a department bility; and $78,979,000 is for the Justice Manage- used for direct loans for any new fishing vessel or agency funded under this title resulting from ment Division: Provided further, That any that will increase the harvesting capacity in personnel actions taken in response to funding change in amounts specified in the preceding any United States fishery. reductions included in this title or from actions proviso greater than 5 percent shall be submitted taken for the care and protection of loan collat- DEPARTMENTAL MANAGEMENT for approval to the House and Senate Commit- eral or grant property shall be absorbed within SALARIES AND EXPENSES tees on Appropriations consistent with the terms the total budgetary resources available to such of section 505 of this Act: Provided further, That For expenses necessary for the departmental department or agency: Provided, That the au- this transfer authority is in addition to transfers management of the Department of Commerce thority to transfer funds between appropriations authorized under section 505 of this Act. provided for by law, including not to exceed accounts as may be necessary to carry out this $5,000 for official reception and representation, section is provided in addition to authorities in- JUSTICE INFORMATION SHARING TECHNOLOGY $61,000,000: Provided, That the Secretary, with- cluded elsewhere in this Act: Provided further, For necessary expenses for information shar- in 120 days of enactment of this Act, shall pro- That use of funds to carry out this section shall ing technology, including planning, develop- vide a report to the Committee on Appropria- be treated as a reprogramming of funds under ment, deployment and departmental direction, tions of the Senate that audits and evaluates all section 505 of this Act and shall not be available $95,000,000, to remain available until expended, decision documents and expenditures by the Bu- for obligation or expenditure except in compli- of which $21,132,000 is for the unified financial reau of the Census as they relate to the 2010 ance with the procedures set forth in that sec- management system. Census: Provided further, That of the amounts tion. TACTICAL LAW ENFORCEMENT WIRELESS provided to the Secretary within this account, SEC. 105. The requirements set forth by section COMMUNICATIONS $5,000,000 shall not become available for obliga- 112 of division B of Public Law 110–161 are here- For the costs of developing and implementing tion until the Secretary certifies to the Com- by adopted by reference. a nation-wide Integrated Wireless Network sup- mittee on Appropriations of the Senate that the SEC. 106. Notwithstanding any other law, the porting Federal law enforcement communica- Bureau of the Census has followed and met all Secretary may furnish services (including but tions, and for the costs of operations and main- standards and best practices, and all Office of not limited to utilities, telecommunications, and tenance of existing Land Mobile Radio legacy Management and Budget guidelines related to security services) necessary to support the oper- systems, $206,143,000, to remain available until information technology projects and contract ation, maintenance, and improvement of space expended: Provided, That the Attorney General management. that persons, firms or organizations are author- shall transfer to this account all funds made HERBERT C. HOOVER BUILDING RENOVATION AND ized pursuant to the Public Buildings Coopera- available to the Department of Justice for the MODERNIZATION tive Use Act of 1976 or other authority to use or purchase of portable and mobile radios: Pro- For expenses necessary, including blast win- occupy in the Herbert C. Hoover Building, vided further, That any transfer made under dows, for the renovation and modernization of Washington, DC, or other buildings, the mainte- the preceding proviso shall be subject to section the Herbert C. Hoover Building, $22,500,000, to nance, operation, and protection of which has 505 of this Act. remain available until expended. been delegated to the Secretary from the Admin- ADMINISTRATIVE REVIEW AND APPEALS OFFICE OF INSPECTOR GENERAL istrator of General Services pursuant to the Fed- For expenses necessary for the administration For necessary expenses of the Office of In- eral Property and Administrative Services Act of of pardon and clemency petitions and immigra- spector General in carrying out the provisions of 1949, as amended, on a reimbursable or non-re- tion-related activities, $300,685,000, of which the Inspector General Act of 1978 (5 U.S.C. imbursable basis. Amounts received as reim- $4,000,000 shall be derived by transfer from the App.), $27,000,000. bursement for services provided under this sec- Executive Office for Immigration Review fees de- tion or the authority under which the use or oc- GENERAL PROVISIONS—DEPARTMENT OF posited in the ‘‘Immigration Examinations Fee’’ cupancy of the space is authorized, up to account. COMMERCE $200,000, shall be credited to the appropriation DETENTION TRUSTEE (INCLUDING TRANSFER OF FUNDS) or fund which initially bears the costs of such SEC. 101. During the current fiscal year, appli- services. For necessary expenses of the Federal Deten- cable appropriations and funds made available SEC. 107. With the consent of the President, tion Trustee, $1,438,663,000, to remain available to the Department of Commerce by this Act shall the Secretary of Commerce shall represent the until expended: Provided, That the Trustee be available for the activities specified in the United States Government in negotiating and shall be responsible for managing the Justice Act of October 26, 1949 (15 U.S.C. 1514), to the monitoring international agreements regarding Prisoner and Alien Transportation System: Pro- extent and in the manner prescribed by the Act, fisheries, marine mammals, or sea turtles: Pro- vided further, That not to exceed $5,000,000 and, notwithstanding 31 U.S.C. 3324, may be vided, That the Secretary of Commerce shall be shall be considered ‘‘funds appropriated for used for advanced payments not otherwise au- responsible for the development and interdepart- State and local law enforcement assistance’’ thorized only upon the certification of officials mental coordination of the policies of the United pursuant to 18 U.S.C. 4013(b). designated by the Secretary of Commerce that States with respect to the international negotia- OFFICE OF INSPECTOR GENERAL such payments are in the public interest. tions and agreements referred to in this section. For necessary expenses of the Office of In- SEC. 102. During the current fiscal year, ap- SEC. 108. Section 101(k) of the Emergency Steel spector General, $84,368,000, including not to ex- propriations made available to the Department Loan Guarantee Act of 1999 (15 U.S.C. 1841 ceed $10,000 to meet unforeseen emergencies of a

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confidential character, of which $2,000,000 is SALARIES AND EXPENSES, UNITED STATES ASSETS FORFEITURE FUND designated as being for overseas deployments ATTORNEYS For expenses authorized by 28 U.S.C. and other activities pursuant to sections For necessary expenses of the Offices of the 524(c)(1)(B), (F), and (G), $20,990,000, to be de- 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th United States Attorneys, including inter-govern- rived from the Department of Justice Assets For- Congress), the concurrent resolution on the mental and cooperative agreements, feiture Fund. budget for fiscal year 2010. $1,926,003,000: Provided, That of the total UNITED STATES MARSHALS SERVICE UNITED STATES PAROLE COMMISSION amount appropriated, not to exceed $8,000 shall SALARIES AND EXPENSES be available for official reception and represen- SALARIES AND EXPENSES For necessary expenses of the United States tation expenses: Provided further, That not to Marshals Service, $1,125,763,000; of which not to For necessary expenses of the United States exceed $25,000,000 shall remain available until exceed $30,000 shall be available for official re- Parole Commission as authorized, $12,859,000. expended: Provided further, That of the amount ception and representation expenses; of which provided under this heading, not less than LEGAL ACTIVITIES not to exceed $4,000,000 shall remain available $36,980,000 shall be used for salaries and ex- until expended for information technology sys- SALARIES AND EXPENSES, GENERAL LEGAL penses for assistant U.S. Attorneys to carry out tems. ACTIVITIES section 704 of the Adam Walsh Child Protection CONSTRUCTION (INCLUDING TRANSFER OF FUNDS) and Safety Act of 2006 (Public Law 109–248) con- cerning the prosecution of offenses relating to For construction in space controlled, occupied For expenses necessary for the legal activities the sexual exploitation of children. or utilized by the United States Marshals Serv- of the Department of Justice, not otherwise pro- ice for prisoner holding and related support, UNITED STATES TRUSTEE SYSTEM FUND vided for, including not to exceed $20,000 for ex- $26,625,000, to remain available until expended; penses of collecting evidence, to be expended For necessary expenses of the United States and of which not less than $12,625,000 shall be under the direction of, and to be accounted for Trustee Program, as authorized, $224,488,000, to available for the costs of courthouse security solely under the certificate of, the Attorney remain available until expended and to be de- equipment, including furnishings, relocations, General; and rent of private or Government- rived from the United States Trustee System and telephone systems and cabling. Fund: Provided, That notwithstanding any owned space in the District of Columbia, NATIONAL SECURITY DIVISION $875,097,000, of which $2,500,000 is designated as other provision of law, deposits to the Fund SALARIES AND EXPENSES being for overseas deployments and other activi- shall be available in such amounts as may be ties pursuant to sections 401(c)(4) and 423(a)(1) necessary to pay refunds due depositors: Pro- For expenses necessary to carry out the activi- of S. Con. Res. 13 (111th Congress), the concur- vided further, That, notwithstanding any other ties of the National Security Division, rent resolution on the budget for fiscal year provision of law, $210,000,000 of offsetting collec- $87,938,000; of which not to exceed $5,000,000 for 2010; and of which not to exceed $10,000,000 for tions pursuant to 28 U.S.C. 589a(b) shall be re- information technology systems shall remain litigation support contracts shall remain avail- tained and used for necessary expenses in this available until expended: Provided, That not- able until expended: Provided, That of the total appropriation and shall remain available until withstanding section 205 of this Act, upon a de- amount appropriated, not to exceed $10,000 shall expended: Provided further, That the sum here- termination by the Attorney General that emer- be available to the United States National Cen- in appropriated from the Fund shall be reduced gent circumstances require additional funding tral Bureau, INTERPOL, for official reception as such offsetting collections are received during for the activities of the National Security Divi- and representation expenses: Provided further, fiscal year 2010, so as to result in a final fiscal sion, the Attorney General may transfer such That notwithstanding section 205 of this Act, year 2010 appropriation from the Fund esti- amounts to this heading from available appro- upon a determination by the Attorney General mated at $9,488,000. priations for the current fiscal year for the De- partment of Justice, as may be necessary to re- that emergent circumstances require additional SALARIES AND EXPENSES, FOREIGN CLAIMS spond to such circumstances: Provided further, funding for litigation activities of the Civil Divi- SETTLEMENT COMMISSION sion, the Attorney General may transfer such That any transfer pursuant to the preceding amounts to ‘‘Salaries and Expenses, General For expenses necessary to carry out the activi- proviso shall be treated as a reprogramming Legal Activities’’ from available appropriations ties of the Foreign Claims Settlement Commis- under section 505 of this Act and shall not be for the current fiscal year for the Department of sion, including services as authorized by section available for obligation or expenditure except in Justice, as may be necessary to respond to such 3109 of title 5, United States Code, $2,117,000. compliance with the procedures set forth in that circumstances: Provided further, That any FEES AND EXPENSES OF WITNESSES section. transfer pursuant to the previous proviso shall For fees and expenses of witnesses, for ex- INTERAGENCY LAW ENFORCEMENT be treated as a reprogramming under section 505 penses of contracts for the procurement and su- INTERAGENCY CRIME AND DRUG ENFORCEMENT of this Act and shall not be available for obliga- pervision of expert witnesses, for private counsel For necessary expenses for the identification, tion or expenditure except in compliance with expenses, including advances, and for expenses investigation, and prosecution of individuals as- the procedures set forth in that section: Pro- of foreign counsel, $168,300,000, to remain avail- sociated with the most significant drug traf- vided further, That of the amount appropriated, able until expended: Provided, That not to ex- ficking and affiliated money laundering organi- such sums as may be necessary shall be avail- ceed $10,000,000 may be made available for con- zations not otherwise provided for, to include able to reimburse the Office of Personnel Man- struction of buildings for protected witness inter-governmental agreements with State and agement for salaries and expenses associated safesites: Provided further, That not to exceed local law enforcement agencies engaged in the with the election monitoring program under sec- $3,000,000 may be made available for the pur- investigation and prosecution of individuals in- tion 8 of the Voting Rights Act of 1965 (42 U.S.C. chase and maintenance of armored and other volved in organized crime drug trafficking, 1973f): Provided further, That of the amounts vehicles for witness security caravans: Provided $515,000,000, of which $50,000,000 shall remain provided under this heading for the election further, That not to exceed $11,000,000 may be available until expended: Provided, That any monitoring program $3,390,000 shall remain made available for the purchase, installation, amounts obligated from appropriations under available until expended. maintenance, and upgrade of secure tele- this heading may be used under authorities In addition, for reimbursement of expenses of communications equipment and a secure auto- available to the organizations reimbursed from the Department of Justice associated with proc- mated information network to store and retrieve this appropriation. essing cases under the National Childhood Vac- the identities and locations of protected wit- FEDERAL BUREAU OF INVESTIGATION cine Injury Act of 1986, not to exceed $7,833,000, nesses. to be appropriated from the Vaccine Injury SALARIES AND EXPENSES SALARIES AND EXPENSES, COMMUNITY RELATIONS Compensation Trust Fund. For necessary expenses of the Federal Bureau SERVICE of Investigation for detection, investigation, and SALARIES AND EXPENSES, ANTITRUST DIVISION For necessary expenses of the Community Re- prosecution of crimes against the United States; For expenses necessary for the enforcement of lations Service, $11,479,000: Provided, That not- $7,668,622,000, of which $101,066,000 is des- antitrust and kindred laws, $163,170,000, to re- withstanding section 205 of this Act, upon a de- ignated as being for overseas deployments and main available until expended: Provided, That termination by the Attorney General that emer- other activities pursuant to sections 401(c)(4) notwithstanding any other provision of law, gent circumstances require additional funding and 423(a)(1) of S. Con. Res. 13 (111th Con- fees collected for premerger notification filings for conflict resolution and violence prevention gress), the concurrent resolution on the budget under the Hart-Scott-Rodino Antitrust Improve- activities of the Community Relations Service, for fiscal year 2010; and of which not to exceed ments Act of 1976 (15 U.S.C. 18a), regardless of the Attorney General may transfer such $150,000,000 shall remain available until ex- the year of collection (and estimated to be amounts to the Community Relations Service, pended: Provided, That not to exceed $205,000 $102,000,000 in fiscal year 2010), shall be re- from available appropriations for the current shall be available for official reception and rep- tained and used for necessary expenses in this fiscal year for the Department of Justice, as may resentation expenses: Provided further, That appropriation, and shall remain available until be necessary to respond to such circumstances: notwithstanding section 205 of this Act, the Di- expended: Provided further, That the sum here- Provided further, That any transfer pursuant to rector of the Federal Bureau of Investigation, in appropriated from the general fund shall be the preceding proviso shall be treated as a re- upon a determination that additional funding is reduced as such offsetting collections are re- programming under section 505 of this Act and necessary to carry out construction of the Bio- ceived during fiscal year 2010, so as to result in shall not be available for obligation or expendi- metrics Technology Center, may transfer from a final fiscal year 2010 appropriation from the ture except in compliance with the procedures amounts available for ‘‘Salaries and Expenses’’ general fund estimated at $61,170,000. set forth in that section. to amounts available for ‘‘Construction’’ up to

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$30,000,000 in fees collected to defray expenses any other Act may be used to disclose part or all FEDERAL PRISON SYSTEM for the automation of fingerprint identification of the contents of the Firearms Trace System SALARIES AND EXPENSES and criminal justice information services and database maintained by the National Trace associated costs: Provided further, That any Center of the Bureau of Alcohol, Tobacco, Fire- For necessary expenses of the Federal Prison transfer made pursuant to the previous proviso arms and Explosives or any information re- System for the administration, operation, and shall be subject to section 505 of this Act. quired to be kept by licensees pursuant to sec- maintenance of Federal penal and correctional CONSTRUCTION tion 923(g) of title 18, United States Code, or re- institutions, including purchase (not to exceed For all necessary expenses, to include the cost quired to be reported pursuant to paragraphs (3) 831, of which 743 are for replacement only) and of equipment, furniture, and information tech- and (7) of such section 923(g), except to: (1) a hire of law enforcement and passenger motor ve- nology requirements, related to construction or Federal, State, local, tribal, or foreign law en- hicles, and for the provision of technical assist- acquisition of buildings, facilities and sites by forcement agency, or a Federal, State, or local ance and advice on corrections related issues to purchase, or as otherwise authorized by law; prosecutor; or (2) a foreign law enforcement foreign governments, $5,979,831,000, of which conversion, modification and extension of feder- agency solely in connection with or for use in a $10,500,000 is designated as being for overseas ally owned buildings; and preliminary planning criminal investigation or prosecution; or solely deployments and other activities pursuant to and design of projects; $244,915,000, to remain in connection with and for use in a criminal in- sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 available until expended. vestigation or prosecution; or (3) a Federal (111th Congress), the concurrent resolution on DRUG ENFORCEMENT ADMINISTRATION agency for a national security or intelligence the budget for fiscal year 2010: Provided, That purpose; unless such disclosure of such date to the Attorney General may transfer to the Health SALARIES AND EXPENSES any of the entities described in (1), (2) or (3) of Resources and Services Administration such For necessary expenses of the Drug Enforce- this proviso would compromise the identity of amounts as may be necessary for direct expendi- ment Administration, including not to exceed any undercover law enforcement officer or con- tures by that Administration for medical relief $70,000 to meet unforeseen emergencies of a con- fidential informant, or interfere with any case for inmates of Federal penal and correctional fidential character pursuant to 28 U.S.C. 530C; under investigation; and no person or entity de- institutions: Provided further, That the Director and expenses for conducting drug education scribed in (1), (2) or (3) shall knowingly or pub- of the Federal Prison System, where necessary, and training programs, including travel and re- licly disclose such data; and all such data shall may enter into contracts with a fiscal agent or lated expenses for participants in such programs be immune from legal process, shall not be sub- fiscal intermediary claims processor to determine and the distribution of items of token value that the amounts payable to persons who, on behalf promote the goals of such programs, ject to subpoena or other discovery, shall be in- admissible in evidence, and shall not be used, of the Federal Prison System, furnish health $2,014,682,000; of which $10,000,000 is designated services to individuals committed to the custody as being for overseas deployments and other ac- relied on, or disclosed in any manner, nor shall testimony or other evidence be permitted based of the Federal Prison System: Provided further, tivities pursuant to sections 401(c)(4) and That not to exceed $6,000 shall be available for 423(a)(1) of S. Con. Res. 13 (111th Congress), the on the data, in a civil action in any State (in- cluding the District of Columbia) or Federal official reception and representation expenses: concurrent resolution on the budget for fiscal Provided further, That not to exceed $50,000,000 year 2010; and of which not to exceed $75,000,000 court or in an administrative proceeding other than a proceeding commenced by the Bureau of shall remain available for necessary operations shall remain available until expended; and of until September 30, 2011: Provided further, That, which not to exceed $100,000 shall be available Alcohol, Tobacco, Firearms and Explosives to enforce the provisions of chapter 44 of such title, of the amounts provided for contract confine- for official reception and representation ex- ment, not to exceed $20,000,000 shall remain penses. or a review of such an action or proceeding; ex- cept that this proviso shall not be construed to available until expended to make payments in BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND prevent: (A) the disclosure of statistical informa- advance for grants, contracts and reimbursable EXPLOSIVES tion concerning total production, importation, agreements, and other expenses authorized by SALARIES AND EXPENSES and exportation by each licensed importer (as section 501(c) of the Refugee Education Assist- For necessary expenses of the Bureau of Alco- defined in section 921(a)(9) of such title) and li- ance Act of 1980 (8 U.S.C. 1522 note), for the hol, Tobacco, Firearms and Explosives, not to censed manufacturer (as defined in section care and security in the United States of Cuban and Haitian entrants: Provided further, That exceed $40,000 for official reception and rep- 921(a)(10) of such title); (B) the sharing or ex- the Director of the Federal Prison System may resentation expenses; for training of State and change of such information among and between accept donated property and services relating to local law enforcement agencies with or without Federal, State, local, or foreign law enforcement the operation of the prison card program from a reimbursement, including training in connection agencies, Federal, State, or local prosecutors, not-for-profit entity which has operated such with the training and acquisition of canines for and Federal national security, intelligence, or program in the past notwithstanding the fact explosives and fire accelerants detection; and counterterrorism officials; or (C) the publication that such not-for-profit entity furnishes services for provision of laboratory assistance to State of annual statistical reports on products regu- under contracts to the Federal Prison System re- and local law enforcement agencies, with or lated by the Bureau of Alcohol, Tobacco, Fire- lating to the operation of pre-release services, without reimbursement, $1,114,772,000, of which arms and Explosives, including total production, halfway houses, or other custodial facilities. not to exceed $1,000,000 shall be available for the importation, and exportation by each licensed payment of attorneys’ fees as provided by sec- importer (as so defined) and licensed manufac- BUILDINGS AND FACILITIES tion 924(d)(2) of title 18, United States Code; and turer (as so defined), or statistical aggregate of which $10,000,000 shall remain available until For planning, acquisition of sites and con- data regarding firearms traffickers and traf- expended: Provided, That no funds appro- struction of new facilities; purchase and acqui- ficking channels, or firearms misuse, felons, and priated herein shall be available for salaries or sition of facilities and remodeling, and equip- trafficking investigations: Provided further, administrative expenses in connection with con- ping of such facilities for penal and correctional That no funds made available by this or any solidating or centralizing, within the Depart- use, including all necessary expenses incident other Act shall be expended to promulgate or im- ment of Justice, the records, or any portion thereto, by contract or force account; and con- plement any rule requiring a physical inventory thereof, of acquisition and disposition of fire- structing, remodeling, and equipping necessary of any business licensed under section 923 of arms maintained by Federal firearms licensees: buildings and facilities at existing penal and title 18, United States Code: Provided further, Provided further, That no funds appropriated correctional institutions, including all necessary That no funds under this Act may be used to herein shall be used to pay administrative ex- expenses incident thereto, by contract or force electronically retrieve information gathered pur- penses or the compensation of any officer or em- account, $99,155,000, to remain available until ployee of the United States to implement an suant to 18 U.S.C. 923(g)(4) by name or any per- expended, of which not less than $73,769,000 amendment or amendments to 27 CFR 478.118 or sonal identification code: Provided further, shall be available only for modernization, main- to change the definition of ‘‘Curios or relics’’ in That no funds authorized or made available tenance and repair, and of which not to exceed 27 CFR 478.11 or remove any item from ATF under this or any other Act may be used to deny $14,000,000 shall be available to construct areas Publication 5300.11 as it existed on January 1, any application for a license under section 923 for inmate work programs: Provided, That labor 1994: Provided further, That none of the funds of title 18, United States Code, or renewal of of United States prisoners may be used for work appropriated herein shall be available to inves- such a license due to a lack of business activity, performed under this appropriation. tigate or act upon applications for relief from provided that the applicant is otherwise eligible FEDERAL PRISON INDUSTRIES, INCORPORATED Federal firearms disabilities under 18 U.S.C. to receive such a license, and is eligible to report 925(c): Provided further, That such funds shall business income or to claim an income tax de- The Federal Prison Industries, Incorporated, be available to investigate and act upon appli- duction for business expenses under the Internal is hereby authorized to make such expenditures, cations filed by corporations for relief from Fed- Revenue Code of 1986. within the limits of funds and borrowing au- eral firearms disabilities under section 925(c) of CONSTRUCTION thority available, and in accord with the law, title 18, United States Code: Provided further, and to make such contracts and commitments, That no funds made available by this or any For necessary expenses to construct or acquire without regard to fiscal year limitations as pro- other Act may be used to transfer the functions, buildings and sites to purchase, or as otherwise vided by section 9104 of title 31, United States missions, or activities of the Bureau of Alcohol, authorized by law (including equipment for Code, as may be necessary in carrying out the Tobacco, Firearms and Explosives to other agen- such buildings); conversion and extension of program set forth in the budget for the current cies or Departments in fiscal year 2010: Provided federally owned buildings; and preliminary fiscal year for such corporation, including pur- further, That, beginning in fiscal year 2010 and planning and design of projects; $6,000,000, to chase (not to exceed five for replacement only) thereafter, no funds appropriated under this or remain until expended. and hire of passenger motor vehicles.

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LIMITATION ON ADMINISTRATIVE EXPENSES, (10) $45,000,000 for legal assistance for victims, Act’’); the Trafficking Victims Protection Reau- FEDERAL PRISON INDUSTRIES, INCORPORATED as authorized by section 1201 of the 2000 Act; thorization Act of 2005 (Public Law 109–164); the Not to exceed $2,700,000 of the funds of the (11) $4,250,000 for enhanced training and serv- Violence Against Women and Department of Federal Prison Industries, Incorporated shall be ices to end violence against and abuse of women Justice Reauthorization Act of 2005 (Public Law available for its administrative expenses, and for in later life, as authorized by section 40802 of 109–162); the Adam Walsh Child Protection and services as authorized by section 3109 of title 5, the 1994 Act; Safety Act of 2006 (Public Law 109–248); the Sec- United States Code, to be computed on an ac- (12) $14,000,000 for the safe havens for chil- ond Chance Act of 2007 (Public Law 110–199); crual basis to be determined in accordance with dren program, as authorized by section 1301 of and the Victims of Trafficking and Violence the corporation’s current prescribed accounting the 2000 Act; Protection Act of 2000 (Public Law 106–386); and system, and such amounts shall be exclusive of (13) $6,750,000 for education and training to other programs; $1,159,000,000, to remain avail- depreciation, payment of claims, and expendi- end violence against and abuse of women with able until expended as follows: tures which such accounting system requires to disabilities, as authorized by section 1402 of the (1) $510,000,000 for the Edward Byrne Memo- be capitalized or charged to cost of commodities 2000 Act; rial Justice Assistance Grant program as author- acquired or produced, including selling and (14) $3,000,000 for an engaging men and youth ized by subpart 1 of part E of title I of the 1968 shipping expenses, and expenses in connection in prevention program, as authorized by section Act, (except that section 1001(c), and the special with acquisition, construction, operation, main- 41305 of the 1994 Act; rules for Puerto Rico under section 505(g), of the tenance, improvement, protection, or disposition (15) $1,000,000 for analysis and research on vi- 1968 Act, shall not apply for purposes of this of facilities and other property belonging to the olence against Indian women, as authorized by Act), of which $5,000,000 is for use by the Na- corporation or in which it has an interest. section 904 of the 2005 Act; tional Institute of Justice in assisting units of STATE AND LOCAL LAW ENFORCEMENT (16) $1,000,000 for tracking of violence against local government to identify, select, develop, ACTIVITIES Indian women, as authorized by section 905 of modernize, and purchase new technologies for the 2005 Act; use by law enforcement, $2,000,000 is for a pro- OFFICE ON VIOLENCE AGAINST WOMEN (17) $3,500,000 for services to advocate and re- gram to improve State and local law enforce- VIOLENCE AGAINST WOMEN PREVENTION AND spond to youth, as authorized by section 41201 ment intelligence capabilities including anti-ter- PROSECUTION PROGRAMS of the 1994 Act; rorism training and training to ensure that con- For grants, contracts, cooperative agreements, (18) $3,000,000 for grants to assist children and stitutional rights, civil liberties, civil rights, and and other assistance for the prevention and youth exposed to violence, as authorized by sec- privacy interests are protected throughout the prosecution of violence against women, as au- tion 41303 of the 1994 Act; intelligence process, $10,000,000 is to support the thorized by the Omnibus Crime Control and Safe (19) $3,000,000 for the court training and im- Nationwide Pegasus Program in coordination Streets Act of 1968 (42 U.S.C. 3711 et seq.) (‘‘the provements program, as authorized by section with the National Sheriff’s Association, for 1968 Act’’); the Violent Crime Control and Law 41002 of the 1994 Act; rural and non-urban law enforcement databases Enforcement Act of 1994 (Public Law 103–322) (20) $500,000 for the National Resource Center and connectivity to enhance information shar- (‘‘the 1994 Act’’); the Victims of Child Abuse Act on Workplace Responses to assist victims of do- ing technology capacity, and $10,000,000 is for of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); mestic violence, as authorized by section 41501 implementation of a student loan repayment as- the Prosecutorial Remedies and Other Tools to of the 1994 Act; and sistance program pursuant to section 952 of Pub- end the Exploitation of Children Today Act of (21) $1,000,000 for grants for televised testi- lic Law 110–315; 2003 (Public Law 108–21); the Juvenile Justice mony, as authorized by part N of title I of the (2) $178,500,000 for discretionary grants to im- and Delinquency Prevention Act of 1974 (42 1968 Act. prove the functioning of the criminal justice sys- U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims OFFICE OF JUSTICE PROGRAMS tem, to prevent or combat juvenile delinquency, of Trafficking and Violence Protection Act of and to assist victims of crime (other than com- JUSTICE ASSISTANCE 2000 (Public Law 106–386) (‘‘the 2000 Act’’); and pensation): Provided, That within the amounts the Violence Against Women and Department of For grants, contracts, cooperative agreements, appropriated, $178,500,000 shall be used for the Justice Reauthorization Act of 2005 (Public Law and other assistance authorized by title I of the projects, and in the amounts specified in the 109–162) (‘‘the 2005 Act’’); and for related victims Omnibus Crime Control and Safe Streets Act of table entitled ‘‘Congressionally designated services, $435,000,000, to remain available until 1968; the Missing Children’s Assistance Act (42 projects’’ in the report of the Committee on Ap- expended: Provided, That except as otherwise U.S.C. 5771 et seq.); the Prosecutorial Remedies propriations of the Senate to accompany this provided by law, not to exceed 3 percent of and Other Tools to end the Exploitation of Chil- Act; funds made available under this heading may be dren Today Act of 2003 (Public Law 108–21); the (3) $40,000,000 for competitive grants to im- used for expenses related to evaluation, train- Justice for All Act of 2004 (Public Law 108–405); prove the functioning of the criminal justice sys- ing, and technical assistance: Provided further, the Violence Against Women and Department of tem, to prevent or combat juvenile delinquency, That of the amount provided (which shall be by Justice Reauthorization Act of 2005 (Public Law and to assist victims of crime (other than com- transfer, for programs administered by the Of- 109–162); the Second Chance Act of 2007 (Public pensation) of which $8,000,000 shall be available fice of Justice Programs)— Law 110–199); the Victims of Child Abuse Act of for the SMART Office activities and $2,000,0000 (1) $15,000,000 for the court-appointed special 1990 (Public Law 101–647); the Victims of Crime shall be available for grants to States and local advocate program, as authorized by section 217 Act of 1984 (Public Law 98–473); the Adam law enforcement agencies as authorized by sec- of the 1990 Act; Walsh Child Protection and Safety Act of 2006 tion 5 of Public Law 110–344; (2) $2,500,000 for child abuse training pro- (Public Law 109–248); the PROTECT Our Chil- (4) $2,000,000 for the purposes described in the grams for judicial personnel and practitioners, dren Act of 2008 (Public Law 110–401); subtitle D Missing Alzheimer’s Disease Patient Alert Pro- as authorized by section 222 of the 1990 Act; of title II of the Homeland Security Act of 2002 gram (section 240001 of the 1994 Act); (3) $200,000,000 for grants to combat violence (Public Law 107–296), which may include re- (5) $15,000,000 for victim services programs for against women, as authorized by part T of the search and development; and other programs victims of trafficking, as authorized by section 1968 Act, of which— (including the Statewide Automated Victim No- 107(b)(2) of Public Law 106–386 and for pro- (A) $18,000,000 shall be for transitional hous- tification Program); $215,000,000, to remain grams authorized under Public Law 109–164; ing assistance grants for victims of domestic vio- available until expended, of which: (6) $40,000,000 for Drug Courts, as authorized lence, stalking or sexual assault as authorized (1) $40,000,000 is for criminal justice statistics by section 1001(25)(A) of title I of the 1968 Act; by section 40299 of the 1994 Act; and programs, pursuant to part C of the 1968 Act, of (7) $5,000,000 for prison rape prevention and (B) $2,000,000 shall be for the National Insti- which $35,000,000 is for the National Crime Vic- prosecution and other programs, as authorized tute of Justice for research and evaluation of vi- timization Survey; by the Prison Rape Elimination Act of 2003 olence against women and related issues ad- (2) $48,000,000 is for research, development, (Public Law 108–79); dressed by grant programs of the Office on Vio- and evaluation programs; (8) $20,000,000 for grants for Residential Sub- lence Against Women; (3) $12,000,000 is for the Statewide Victim Noti- stance Abuse Treatment for State Prisoners, as (4) $60,000,000 for grants to encourage arrest fication System of the Bureau of Justice Assist- authorized by part S of title I of the 1968 Act; policies as authorized by part U of the 1968 Act; ance; (9) $50,000,000 for offender re-entry programs, (5) $15,000,000 for sexual assault victims assist- (4) $45,000,000 is for the Regional Information as authorized by the Second Chance Act of 2007 ance, as authorized by section 41601 of the 1994 System Sharing System, as authorized by part M (Public Law 110–199), of which $25,000,000 is for Act; of title I of the 1968 Act; and grants for adult and juvenile offender State, (6) $41,000,000 for rural domestic violence and (5) $70,000,000 is for the Missing Children’s tribal and local reentry demonstration projects, child abuse enforcement assistance grants, as Program. authorized by section 40295 of the 1994 Act; $15,000,000 is for grants for mentoring and tran- (7) $3,000,000 for training programs as author- STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE sitional services and $5,000,000 is for family- ized by section 40152 of the 1994 Act, and for re- For grants, contracts, cooperative agreements, based substance abuse treatment; lated local demonstration projects; and other assistance authorized by the Violent (10) $5,500,000 for the Capital Litigation Im- (8) $3,000,000 for grants to improve the stalk- Crime Control and Law Enforcement Act of 1994 provement Grant Program, as authorized by sec- ing and domestic violence databases, as author- (Public Law 103–322) (‘‘the 1994 Act’’); the Om- tion 426 of Public Law 108–405; ized by section 40602 of the 1994 Act; nibus Crime Control and Safe Streets Act of 1968 (11) $10,000,000 for mental health courts and (9) $9,500,000 for grants to reduce violent (‘‘the 1968 Act’’); the Justice for All Act of 2004 adult and juvenile collaboration program crimes against women on campus, as authorized (Public Law 108–405); the Victims of Child Abuse grants, as authorized by parts V and HH of title by section 304 of the 2005 Act; Act of 1990 (Public Law 101–647) (‘‘the 1990 I of the 1968 Act, and the Mentally Ill Offender

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 6333 E:\CR\FM\A05NO6.028 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11181 Treatment and Crime Reduction Reauthoriza- (B) $10,000,000 shall be for a gang education gram, and related law enforcement and public tion and Improvement Act of 2008 (Public Law initiative; and safety equipment: Provided, That within the 110–416); (C) $25,000,000 shall be for grants of $360,000 amounts appropriated, $187,000,000 shall be used (12) $30,000,000 for assistance to Indian tribes, to each State and $4,840,000 shall be available for the projects, and in the amounts, specified in of which— for discretionary grants, for programs and ac- the table entitled ‘‘Congressionally designated (A) $10,000,000 shall be available for grants tivities to enforce State laws prohibiting the sale projects’’ in the report of the Committee on Ap- under section 20109 of subtitle A of title II of the of alcoholic beverages to minors or the purchase propriations of the Senate to accompany this 1994 Act; or consumption of alcoholic beverages by mi- Act; (B) $10,000,000 shall be available for the Tribal nors, for prevention and reduction of consump- (4) $10,000,000 for grants to assist States and Courts Initiative; tion of alcoholic beverages by minors, and for tribal governments as authorized by the NICS (C) $7,000,000 shall be available for tribal alco- technical assistance and training; Improvements Amendments Act of 2007 (Public hol and substance abuse reduction assistance (5) $25,000,000 for programs authorized by the Law 110–180); grants; and Victims of Child Abuse Act of 1990; and (5) $10,000,000 for grants to upgrade criminal (D) $3,000,000 shall be available for training (6) $60,000,000 for the Juvenile Accountability records, as authorized under the Crime Identi- and technical assistance and civil and criminal Block Grants program as authorized by part R fication Technology Act of 1998 (42 U.S.C. legal assistance as authorized by title I of Public of title I of the 1968 Act and Guam shall be con- 14601); Law 106–559; sidered a State: (6) $166,000,000 for DNA related and forensic (13) $228,000,000 for the State Criminal Alien Provided, That not more than 10 percent of each programs and activities as follows: Assistance Program, as authorized by section amount may be used for research, evaluation, (A) $151,000,000 for a DNA analysis and ca- 241(i)(5) of the Immigration and Nationality Act and statistics activities designed to benefit the pacity enhancement program and for other (8 U.S.C. 1231(i)(5)); and programs or activities authorized: Provided fur- local, State, and Federal forensic activities in- (14) $25,000,000 for the Border Prosecutor Ini- ther, That not more than 2 percent of each cluding the purposes of section 2 of the DNA tiative to reimburse State, county, parish, tribal, amount may be used for training and technical Analysis Backlog Elimination Act of 2000 (the or municipal governments for costs associated assistance: Provided further, That the previous Debbie Smith DNA Backlog Grant Program); with the prosecution of criminal cases declined two provisos shall not apply to grants and (B) $5,000,000 for the purposes described in the by local offices of the United States Attorneys: projects authorized by sections 261 and 262 of Kirk Bloodsworth Post-Conviction DNA Testing Provided, That no less than $20,000,000 shall be the 1974 Act. Program (Public Law 108–405, section 412); for prosecution efforts on the Southern border: (C) $5,000,000 for Sexual Assault Forensic PUBLIC SAFETY OFFICER BENEFITS Provided further, That no less than $5,000,000 Exam Program Grants as authorized by Public shall be for prosecution efforts on the Northern For payments and expenses authorized under Law 108–405, section 304; and border: section 1001(a)(4) of title I of the Omnibus Crime (D) $5,000,000 for DNA Training and Edu- Control and Safe Streets Act of 1968 (42 U.S.C. Provided, That, if a unit of local government cation for Law Enforcement, Correctional Per- 3796), such sums as are necessary (including sonnel, and Court Officers as authorized by uses any of the funds made available under this amounts for administrative costs, which heading to increase the number of law enforce- Public Law 108–405, section 303; amounts shall be paid to the ‘‘Salaries and Ex- (7) $20,000,000 for improving tribal law en- ment officers, the unit of local government will penses’’ account); and $5,000,000 for payments forcement, including equipment and training; achieve a net gain in the number of law enforce- authorized by section 1201(b) of such Act; and (8) $15,000,000 for programs to reduce gun ment officers who perform nonadministrative $4,100,000 for educational assistance, as author- crime and gang violence; public safety service. ized by section 1218 of such Act, to remain avail- (9) $10,000,000 for training and technical as- WEED AND SEED PROGRAM FUND able until expended. sistance; For necessary expenses, including salaries COMMUNITY ORIENTED POLICING SERVICES (10) $20,000,000 for a national grant program the purpose of which is to assist State and local and related expenses of the Office of Weed and For activities authorized by the Violent Crime law enforcement to locate, arrest and prosecute Seed Strategies, $20,000,000, to remain available Control and Law Enforcement Act of 1994 (Pub- child sexual predators and exploiters, and to en- until expended, as authorized by section 103 of lic Law 103–322); the Omnibus Crime Control force sex offender registration laws described in title I of the Omnibus Crime Control and Safe and Safe Streets Act of 1968 (‘‘the 1968 Act’’); section 1701(b) of the 1968 Act, of which: Streets Act of 1968. the Violence Against Women and Department of (A) $5,000,000 for sex offender management as- JUVENILE JUSTICE PROGRAMS Justice Reauthorization Act of 2005 (Public Law sistance as authorized by the Adam Walsh Act For grants, contracts, cooperative agreements, 109–162); subtitle D of title II of the Homeland and the Violent Crime Control Act of 1994 (Pub- and other assistance authorized by the Juvenile Security Act of 2002 (Public Law 107–296), which lic Law 103–322); and Justice and Delinquency Prevention Act of 1974 may include research and development; and the (B) $1,000,000 for the National Sex Offender (‘‘the 1974 Act’’), the Omnibus Crime Control USA PATRIOT Improvement and Reauthoriza- Public Registry; and Safe Streets Act of 1968 (‘‘the 1968 Act’’), tion Act of 2005 (Public Law 109–177); the NICS (11) $16,000,000 for expenses authorized by the Violence Against Women and Department of Improvement Amendments Act of 2007 (Public part AA of the 1968 Act (Secure our Schools); Justice Reauthorization Act of 2005 (Public Law Law 110–180); the Adam Walsh Child Protection (12) $35,000,000 for Paul Coverdell Forensic 109–162), the Missing Children’s Assistance Act and Safety Act of 2006 (Public Law 109–248) (the Science Improvement Grants under part BB of (42 U.S.C. 5771 et seq.); the Prosecutorial Rem- ‘‘Adam Walsh Act’’); and the Justice for All Act title I of the 1968 Act; and edies and Other Tools to end the Exploitation of of 2004 (Public Law 108–405), $658,500,000, to re- (13) $100,000,000 for grants under section 1701 Children Today Act of 2003 (Public Law 108–21); main available until expended: Provided, That of title I of the 1968 Act (42 U.S.C. 3796dd) for the Victims of Child Abuse Act of 1990 (Public any balances made available through prior year the hiring and rehiring of additional career law Law 101–647); the Adam Walsh Child Protection deobligations shall only be available in accord- enforcement officers under part Q of such title and Safety Act of 2006 (Public Law 109–248); the ance with section 505 of this Act. Of the amount notwithstanding subsections (g) and (i) of such PROTECT Our Children Act of 2008 (Public provided (which shall be by transfer, for pro- section and notwithstanding 42 U.S.C. 3796dd– Law 110–401), and other juvenile justice pro- grams administered by the Office of Justice Pro- 3(c). grams, $407,000,000, to remain available until ex- grams)— SALARIES AND EXPENSES (1) $30,000,000 for the matching grant program pended as follows: For necessary expenses, not elsewhere speci- (1) $75,000,000 for programs authorized by sec- for law enforcement armor vests, as authorized fied in this title, for management and adminis- tion 221 of the 1974 Act, and for training and by section 2501 of title I of the 1968 Act: Pro- tration of programs within the Office on Vio- technical assistance to assist small, non-profit vided, That $1,500,000 is transferred directly to lence Against Women, the Office of Justice Pro- organizations with the Federal grants process: the National Institute of Standards and Tech- grams and the Community Oriented Policing Provided, That no less than $5,000,000 shall be nology’s Office of Law Enforcement Standards Services Office, $179,000,000, of which not to ex- for the Safe Start Program, as authorized by the from the Community Oriented Policing Services ceed $15,708,000 shall be available for the Office 1974 Act; Office for research, testing, and evaluation pro- on Violence Against Women; not to exceed (2) $82,000,000 for grants and projects, as au- grams; $125,830,000 shall be available for the Office of thorized by sections 261 and 262 of the 1974 Act: (2) $39,500,000 for grants to entities described Justice Programs; not to exceed $37,462,000 shall Provided, That within the amounts appro- in section 1701 of title I of the 1968 Act, to ad- be available for the Community Oriented Polic- priated, $82,000,000 shall be used for the dress public safety and methamphetamine man- ing Services Office: Provided, That, notwith- projects, and in the amounts, specified in the ufacturing, sale, and use in hot spots as author- standing section 109 of title I of Public Law 90– table entitled ‘‘Congressionally designated ized by section 754 of Public Law 109–177, and 351, an additional amount, not to exceed projects’’ in the report of the Committee on Ap- for other anti-methamphetamine-related activi- $21,000,000 shall be available for authorized ac- propriations of the Senate to accompany this ties: Provided, That within the amounts appro- tivities of the Office of Audit, Assessment, and Act; priated, $34,500,000 shall be used for the (3) $100,000,000 for youth mentoring grants; projects, and in the amounts, specified in the Management: Provided further, That the total (4) $65,000,000 for delinquency prevention, as table entitled ‘‘Congressionally designated amount available for management and adminis- authorized by section 505 of the 1974 Act, of projects’’ in the report of the Committee on Ap- tration of such programs shall not exceed which, pursuant to sections 261 and 262 there- propriations of the Senate to accompany this $200,000,000. of— Act; GENERAL PROVISIONS—DEPARTMENT OF JUSTICE (A) $25,000,000 shall be for the Tribal Youth (3) $187,000,000 for a law enforcement tech- SEC. 201. In addition to amounts otherwise Program; nologies and interoperable communications pro- made available in this title for official reception

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and representation expenses, a total of not to SEC. 211. The notification thresholds and pro- SEC. 218. (a) Subchapter IV of chapter 57 of exceed $75,000 from funds appropriated to the cedures set forth in section 505 of this Act shall title 5, United States Code, is amended by add- Department of Justice in this title shall be avail- apply to deviations from the amounts designated ing at the end of the following: able to the Attorney General for official recep- for specific activities in this Act and accom- ‘‘§ 5761. Foreign language proficiency pay tion and representation expenses. panying statement, and to any use of awards for the Federal Bureau of Investiga- SEC. 202. None of the funds appropriated by deobligated balances of funds provided under tion this title shall be available to pay for an abor- this title in previous years. ‘‘The Director of the Federal Bureau of Inves- tion, except where the life of the mother would SEC. 212. None of the funds appropriated by tigation may, under regulations prescribed by be endangered if the fetus were carried to term, this Act may be used to plan for, begin, con- the Director, pay a cash award of up to 10 per- or in the case of rape: Provided, That should tinue, finish, process, or approve a public-pri- cent of basic pay to any Bureau employee who this prohibition be declared unconstitutional by vate competition under the Office of Manage- maintains proficiency in a language or lan- a court of competent jurisdiction, this section ment and Budget Circular A–76 or any successor guages critical to the mission or who uses one or shall be null and void. administrative regulation, directive, or policy more foreign languages in the performance of SEC. 203. None of the funds appropriated for work performed by employees of the Bureau official duties.’’. under this title shall be used to require any per- of Prisons or of Federal Prison Industries, In- (b) The analysis for chapter 57 of title 5, son to perform, or facilitate in any way the per- corporated. United States Code, is amended by adding at the formance of, any abortion. SEC. 213. Notwithstanding any other provision end the following: SEC. 204. Nothing in the preceding section of law, no funds shall be available for the sal- shall remove the obligation of the Director of the ary, benefits, or expenses of any United States ‘‘5761. Foreign language proficiency pay awards Bureau of Prisons to provide escort services nec- Attorney assigned dual or additional respon- for the Federal Bureau of Inves- essary for a female inmate to receive such serv- sibilities by the Attorney General or his designee tigation.’’ ice outside the Federal facility: Provided, That that exempt that United States Attorney from SEC. 219. The Attorney General is authorized nothing in this section in any way diminishes the residency requirements of 28 U.S.C. 545. to waive the application of 42 U.S.C. the effect of section 203 intended to address the SEC. 214. None of the funds appropriated in 3755(d)(2)(A) with respect to grants made to philosophical beliefs of individual employees of this or any other Act shall be obligated for the units of local government pursuant to 42 U.S.C. the Bureau of Prisons. initiation of a future phase of the Federal Bu- 3755(d)(1), if such units of local government SEC. 205. Not to exceed 5 percent of any ap- reau of Investigation’s Sentinel program until were eligible to receive such grants under the propriation made available for the current fiscal the Attorney General certifies to the Committees transitional rule in 42 U.S.C. 3755(d)(2)(B). year for the Department of Justice in this Act on Appropriations that existing phases cur- This title may be cited as the ‘‘Department of may be transferred between such appropria- rently under contract for development or field- Justice Appropriations Act, 2010’’. tions, but no such appropriation, except as oth- ing have completed a majority of the work for TITLE III erwise specifically provided, shall be increased that phase under the performance measurement SCIENCE baseline validated by the integrated baseline re- by more than 10 percent by any such transfers: OFFICE OF SCIENCE AND TECHNOLOGY POLICY Provided, That any transfer pursuant to this view conducted in 2008: Provided, That this re- For necessary expenses of the Office of section shall be treated as a reprogramming of striction does not apply to planning and design Science and Technology Policy, in carrying out funds under section 505 of this Act and shall not activities for future phases: Provided further, the purposes of the National Science and Tech- be available for obligation except in compliance That the Bureau will notify the Committees on nology Policy, Organization, and Priorities Act with the procedures set forth in that section. Appropriations of any significant changes to the of 1976 (42 U.S.C. 6601–6671), hire of passenger SEC. 206. The Attorney General is authorized baseline. to extend through September 30, 2011, the Per- SEC. 215. In addition to any amounts that oth- motor vehicles, and services as authorized by 5 sonnel Management Demonstration Project erwise may be available (or authorized to be U.S.C. 3109, not to exceed $2,500 for official re- transferred to the Attorney General pursuant to made available) by law, with respect to funds ception and representation expenses, and rental section 1115 of the Homeland Security Act of appropriated by this Act under the headings of conference rooms in the District of Columbia, 2002, Public Law 107–296 (6 U.S.C. 533) without ‘‘Justice Assistance’’, ‘‘State and Local Law En- $6,154,000. limitation on the number of employees or the po- forcement Assistance’’, ‘‘Weed and Seed’’, ‘‘Ju- NATIONAL AERONAUTICS AND SPACE sitions covered. venile Justice Programs’’, and ‘‘Community Ori- ADMINISTRATION SEC. 207. Notwithstanding any other provision ented Policing Services’’— SCIENCE of law, Public Law 102–395 section 102(b) shall (1) Up to 3 percent of funds made available to For necessary expenses, not otherwise pro- extend to the Bureau of Alcohol, Tobacco, Fire- the Office of Justice Programs for grants or re- vided for, in the conduct and support of science arms and Explosives in the conduct of under- imbursement may be used to provide training research and development activities, including cover investigative operations and shall apply and technical assistance; and research, development, operations, support, and (2) Up to 1 percent of funds made available to without fiscal year limitation with respect to services; maintenance; construction of facilities such Office for formula grants under such head- any undercover investigative operation by the including repair, rehabilitation, revitalization, ings may be used for research or statistical pur- Bureau of Alcohol, Tobacco, Firearms and Ex- and modification of facilities, construction of poses by the National Institute of Justice or the plosives that is necessary for the detection and new facilities and additions to existing facilities, Bureau of Justice Statistics, pursuant to, respec- prosecution of crimes against the United States. facility planning and design, and restoration, tively, sections 201 and 202, and sections 301 and SEC. 208. None of the funds made available to and acquisition or condemnation of real prop- 302 of title I of Public Law 90–351. the Department of Justice in this Act may be erty, as authorized by law; environmental com- SEC. 216. Section 5759(e) of title 5, United used for the purpose of transporting an indi- pliance and restoration; space flight, spacecraft vidual who is a prisoner pursuant to conviction States Code, is amended by striking subsection (e). control, and communications activities; program for crime under State or Federal law and is clas- management; personnel and related costs, in- sified as a maximum or high security prisoner, SEC. 217. (a) The Attorney General shall sub- mit quarterly reports to the Inspector General of cluding uniforms or allowances therefor, as au- other than to a prison or other facility certified thorized by 5 U.S.C. 5901–5902; travel expenses; by the Federal Bureau of Prisons as appro- the Department of Justice regarding the costs and contracting procedures relating to each purchase and hire of passenger motor vehicles; priately secure for housing such a prisoner. and purchase, lease, charter, maintenance, and SEC. 209. (a) None of the funds appropriated conference held by the Department of Justice operation of mission and administrative aircraft, by this Act may be used by Federal prisons to during fiscal year 2010 for which the cost to the $4,517,000,000, to remain available until Sep- purchase cable television services, to rent or Government was more than $20,000. tember 30, 2011. purchase videocassettes, videocassette recorders, (b) Each report submitted under subsection (a) or other audiovisual or electronic equipment shall include, for each conference described in AERONAUTICS used primarily for recreational purposes. that subsection held during the applicable quar- For necessary expenses, not otherwise pro- (b) The preceding sentence does not preclude ter— vided for, in the conduct and support of aero- the renting, maintenance, or purchase of audio- (1) a description of the subject of and number nautics research and development activities, in- visual or electronic equipment for inmate train- of participants attending that conference; cluding research, development, operations, sup- (2) a detailed statement of the costs to the ing, religious, or educational programs. port, and services; maintenance; construction of Government relating to that conference, includ- SEC. 210. None of the funds made available facilities including repair, rehabilitation, revi- under this title shall be obligated or expended ing— talization, and modification of facilities, con- (A) the cost of any food or beverages; for Sentinel, or for any other major new or en- (B) the cost of any audio-visual services; and struction of new facilities and additions to exist- hanced information technology program having (C) a discussion of the methodology used to ing facilities, facility planning and design, and total estimated development costs in excess of determine which costs relate to that conference; restoration, and acquisition or condemnation of $100,000,000, unless the Deputy Attorney Gen- and real property, as authorized by law; environ- eral and the investment review board certify to (3) a description of the contracting procedures mental compliance and restoration; space flight, the Committees on Appropriations that the in- relating to that conference, including— spacecraft control, and communications activi- formation technology program has appropriate (A) whether contracts were awarded on a ties; program management; personnel and re- program management and contractor oversight competitive basis for that conference; and lated costs, including uniforms or allowances mechanisms in place, and that the program is (B) a discussion of any cost comparison con- therefor, as authorized by 5 U.S.C. 5901–5902; compatible with the enterprise architecture of ducted by the Department of Justice in evalu- travel expenses; purchase and hire of passenger the Department of Justice. ating potential contractors for that conference. motor vehicles; and purchase, lease, charter,

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Centers and other National Science Foundation cluding research, development, operations, sup- OFFICE OF INSPECTOR GENERAL supported research facilities may be credited to port, and services; maintenance; construction of For necessary expenses of the Office of In- this appropriation: Provided further, That not facilities including repair, rehabilitation, revi- spector General in carrying out the Inspector less than $147,800,000 shall be available for ac- talization, and modification of facilities, con- General Act of 1978, $36,400,000, to remain avail- tivities authorized by section 7002(c)(2)(A)(iv) of struction of new facilities and additions to exist- able until September 30, 2011. Public Law 110–69. ing facilities, facility planning and design, and ADMINISTRATIVE PROVISIONS MAJOR RESEARCH EQUIPMENT AND FACILITIES restoration, and acquisition or condemnation of CONSTRUCTION Notwithstanding the limitation on the dura- real property, as authorized by law; environ- tion of availability of funds appropriated to the For necessary expenses for the acquisition, mental compliance and restoration; space flight, National Aeronautics and Space Administration construction, commissioning, and upgrading of spacecraft control, and communications activi- for any account in this Act, except for ‘‘Office major research equipment, facilities, and other ties; program management, personnel and re- of Inspector General’’, when any activity has such capital assets pursuant to the National lated costs, including uniforms or allowances been initiated by the incurrence of obligations Science Foundation Act of 1950, as amended (42 therefor, as authorized by 5 U.S.C. 5901–5902; for environmental compliance and restoration U.S.C. 1861–1875), including authorized travel, travel expenses; purchase and hire of passenger activities as authorized by law, such amount $122,290,000, to remain available until expended. motor vehicles; and purchase, lease, charter, available for such activity shall remain avail- EDUCATION AND HUMAN RESOURCES maintenance, and operation of mission and ad- able until expended. For necessary expenses in carrying out science ministrative aircraft, $3,940,400,000, to remain Notwithstanding the limitation on the avail- and engineering education and human resources available until September 30, 2011. ability of funds appropriated to the National programs and activities pursuant to the Na- SPACE OPERATIONS Aeronautics and Space Administration for any tional Science Foundation Act of 1950, as For necessary expenses, not otherwise pro- account in this Act, except for ‘‘Office of In- amended (42 U.S.C. 1861–1875), including serv- vided for, in the conduct and support of space spector General’’, the amounts appropriated for ices as authorized by 5 U.S.C. 3109, authorized operations research and development activities, construction of facilities shall remain available travel, and rental of conference rooms in the including research, development, operations, until September 30, 2014. District of Columbia, $857,760,000, to remain support and services; space flight, spacecraft Funds for announced prizes otherwise author- available until September 30, 2011: Provided, control and communications activities including ized shall remain available, without fiscal year That not less than $55,000,000 shall be available operations, production, and services; mainte- limitation, until the prize is claimed or the offer until expended for activities authorized by sec- nance; construction of facilities including re- is withdrawn. tion 7030 of Public Law 110–69. pair, rehabilitation, revitalization and modifica- Not to exceed 5 percent of any appropriation AGENCY OPERATIONS AND AWARD MANAGEMENT tion of facilities, construction of new facilities made available for the current fiscal year for and additions to existing facilities, facility plan- the National Aeronautics and Space Adminis- For agency operations and award manage- ning and design, and restoration, and acquisi- tration in this Act may be transferred between ment necessary in carrying out the National tion or condemnation of real property, as au- such appropriations, but no such appropriation, Science Foundation Act of 1950, as amended (42 thorized by law; environmental compliance and except as otherwise specifically provided, shall U.S.C. 1861–1875); services authorized by 5 restoration; program management; personnel be increased by more than 10 percent by any U.S.C. 3109; hire of passenger motor vehicles; and related costs, including uniforms or allow- such transfers. Any transfer pursuant to this not to exceed $9,000 for official reception and ances therefor, as authorized by 5 U.S.C. 5901– provision shall be treated as a reprogramming of representation expenses; uniforms or allowances 5902; travel expenses; purchase and hire of pas- funds under section 505 of this Act and shall not therefor, as authorized by 5 U.S.C. 5901–5902; senger motor vehicles; and purchase, lease, be available for obligation except in compliance rental of conference rooms in the District of Co- charter, maintenance and operation of mission with the procedures set forth in that section. lumbia; and reimbursement of the Department of and administrative aircraft, $6,161,600,000, to re- Notwithstanding any other provision of law, Homeland Security for security guard services; main available until September 30, 2011. no funds shall be used to implement any Reduc- $300,370,000: Provided, That contracts may be entered into under this heading in fiscal year EDUCATION tion in Force or other involuntary separations 2010 for maintenance and operation of facilities, For necessary expenses, not otherwise pro- (except for cause) by the National Aeronautics and Space Administration prior to September 30, and for other services, to be provided during the vided for, in carrying out aerospace and aero- next fiscal year. nautical education research and development 2010. OFFICE OF THE NATIONAL SCIENCE BOARD activities, including research, development, op- The unexpired balances of the Science, Aero- erations, support, and services; program man- nautics, and Exploration account, for activities For necessary expenses (including payment of agement; personnel and related costs, uniforms for which funds are provided under this Act, salaries, authorized travel, hire of passenger or allowances therefor, as authorized by 5 may be transferred to the new accounts estab- motor vehicles, the rental of conference rooms in U.S.C. 5901–5902; travel expenses; purchase and lished in this Act that provide such activity. the District of Columbia, and the employment of hire of passenger motor vehicles; and purchase, Balances so transferred shall be merged with the experts and consultants under section 3109 of lease, charter, maintenance, and operation of funds in the newly established accounts, but title 5, United States Code) involved in carrying mission and administrative aircraft, shall be available under the same terms, condi- out section 4 of the National Science Founda- $140,100,000, to remain available until September tions and period of time as previously appro- tion Act of 1950, as amended (42 U.S.C. 1863) 30, 2011. priated. and Public Law 86–209 (42 U.S.C. 1880 et seq.), Funding designations and minimum funding $4,340,000: Provided, That not to exceed $2,500 CROSS AGENCY SUPPORT requirements contained in any other Act shall shall be available for official reception and rep- For necessary expenses, not otherwise pro- not be applicable to funds appropriated by this resentation expenses. vided for, in the conduct and support of science, title for the National Aeronautics and Space Ad- OFFICE OF INSPECTOR GENERAL aeronautics, exploration, space operations and ministration. education research and development activities, For necessary expenses of the Office of In- NATIONAL SCIENCE FOUNDATION including research, development, operations, spector General as authorized by the Inspector support, and services; maintenance; construc- RESEARCH AND RELATED ACTIVITIES General Act of 1978, as amended, $14,000,000. tion of facilities including repair, rehabilitation, (INCLUDING TRANSFER OF FUNDS) This title may be cited as the ‘‘Science Appro- revitalization, and modification of facilities, For necessary expenses in carrying out the priations Act, 2010’’. construction of new facilities and additions to National Science Foundation Act of 1950, as TITLE IV existing facilities, facility planning and design, amended (42 U.S.C. 1861–1875), and the Act to RELATED AGENCIES and restoration, and acquisition or condemna- establish a National Medal of Science (42 U.S.C. COMMISSION ON CIVIL RIGHTS tion of real property, as authorized by law; en- 1880–1881); services as authorized by 5 U.S.C. vironmental compliance and restoration; space 3109; maintenance and operation of aircraft and SALARIES AND EXPENSES flight, spacecraft control, and communications purchase of flight services for research support; For necessary expenses of the Commission on activities; program management; personnel and acquisition of aircraft; and authorized travel; Civil Rights, including hire of passenger motor related costs, including uniforms or allowances $5,618,000,000, to remain available until Sep- vehicles, $9,400,000: Provided, That none of the therefor, as authorized by 5 U.S.C. 5901–5902; tember 30, 2011, of which not to exceed funds appropriated in this paragraph shall be travel expenses; purchase and hire of passenger $570,000,000 shall remain available until ex- used to employ in excess of four full-time indi- motor vehicles; not to exceed $70,000 for official pended for polar research and operations sup- viduals under Schedule C of the Excepted Serv- reception and representation expenses; and pur- port, and for reimbursement to other Federal ice exclusive of one special assistant for each chase, lease, charter, maintenance, and oper- agencies for operational and science support Commissioner: Provided further, That none of ation of mission and administrative aircraft, and logistical and other related activities for the the funds appropriated in this paragraph shall $3,383,500,000, to remain available until Sep- United States Antarctic program: Provided, be used to reimburse Commissioners for more

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than 75 billable days, with the exception of the OFFICE OF THE UNITED STATES TRADE (5) reorganizes or renames offices, programs or chairperson, who is permitted 125 billable days. REPRESENTATIVE activities, unless the House and Senate Commit- tees on Appropriations are notified 15 days in EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SALARIES AND EXPENSES For necessary expenses of the Office of the advance of such reprogramming of funds; SALARIES AND EXPENSES United States Trade Representative, including (6) contracts out or privatizes any functions For necessary expenses of the Equal Employ- the hire of passenger motor vehicles and the em- or activities presently performed by Federal em- ment Opportunity Commission as authorized by ployment of experts and consultants as author- ployees, unless the House and Senate Commit- title VII of the Civil Rights Act of 1964, the Age ized by 5 U.S.C. 3109, $48,326,000, of which tees on Appropriations are notified 15 days in Discrimination in Employment Act of 1967, the $1,000,000 shall remain available until expended: advance of such reprogramming of funds; (7) proposes to use funds directed for a spe- Equal Pay Act of 1963, the Americans with Dis- Provided, That not to exceed $124,000 shall be cific activity by either the House or Senate Com- abilities Act of 1990, the Civil Rights Act of 1991, available for official reception and representa- mittee on Appropriations for a different pur- the Genetic Information Non-Discrimination Act tion expenses: Provided further, That negotia- pose, unless the House and Senate Committees (GINA) of 2008 (Public Law 110–23); the ADA tions shall be conducted within the World Trade on Appropriations are notified 15 days in ad- Amendments Act of 2008 (Public Law 110–325), Organization to recognize the right of members vance of such reprogramming of funds; and the Lilly Ledbetter Fair Pay Act of 2009 to distribute monies collected from antidumping (8) augments funds for existing programs, (Public Law 111–2), including services as au- and countervailing duties: Provided further, projects or activities in excess of $500,000 or 10 thorized by 5 U.S.C. 3109; hire of passenger That negotiations shall be conducted within the percent, whichever is less, or reduces by 10 per- motor vehicles as authorized by 31 U.S.C. World Trade Organization consistent with the cent funding for any program, project or activ- 1343(b); nonmonetary awards to private citizens; negotiating objectives contained in the Trade ity, or numbers of personnel by 10 percent as ap- and not to exceed $30,000,000 for payments to Act of 2002, Public Law 107–210 to maintain proved by Congress, unless the House and Sen- State and local enforcement agencies for author- strong U.S. remedies laws, correct the problem of ate Committees on Appropriations are notified ized services to the Commission, $367,303,000: overreaching by World Trade Organization Pan- 15 days in advance of such reprogramming of Provided, That the Commission is authorized to els and Appellate Body, and prevent the cre- funds; or make available for official reception and rep- ation of obligation never negotiated or expressly (9) results from any general savings, including resentation expenses not to exceed $2,500 from agreed to by the United States. savings from a reduction in personnel, which available funds: Provided further, That the STATE JUSTICE INSTITUTE would result in a change in existing programs, Commission may take no action to implement SALARIES AND EXPENSES projects or activities as approved by Congress, any workforce repositioning, restructuring, or For necessary expenses of the State Justice In- unless the House and Senate Committees on Ap- reorganization until such time as the House and stitute, as authorized by the State Justice Insti- propriations are notified 15 days in advance of Senate Committees on Appropriations have been tute Authorization Act of 1984 (42 U.S.C. 10701 such reprogramming of funds. notified of such proposals, in accordance with et. seq.) $5,000,000, of which $500,000 shall re- (b) None of the funds provided under this Act, the reprogramming requirements of section 505 main available until September 30, 2011: Pro- or provided under previous appropriations Acts of this Act: Provided further, That the Chair is to the agencies funded by this Act that remain vided, That not to exceed $3,000 shall be avail- authorized to accept and use any gift or dona- available for obligation or expenditure in fiscal able for official reception and representation ex- tion to carry out the work of the Commission. year 2010, or provided from any accounts in the penses. Treasury of the United States derived by the INTERNATIONAL TRADE COMMISSION TITLE V collection of fees available to the agencies fund- SALARIES AND EXPENSES GENERAL PROVISIONS ed by this Act, shall be available for obligation For necessary expenses of the International SEC. 501. No part of any appropriation con- or expenditure through the reprogramming of Trade Commission, including hire of passenger tained in this Act shall be used for publicity or funds after August 1, except in extraordinary motor vehicles, and services as authorized by 5 propaganda purposes not authorized by the circumstances, and only after the House and U.S.C. 3109, and not to exceed $2,500 for official Congress. Senate Committees on Appropriations are noti- reception and representation expenses, SEC. 502. No part of any appropriation con- fied 30 days in advance of such reprogramming $82,700,000, to remain available until expended. tained in this Act shall remain available for ob- of funds. ligation beyond the current fiscal year unless SEC. 506. Hereafter, none of the funds made LEGAL SERVICES CORPORATION expressly so provided herein. available in this or any other Act may be used PAYMENT TO THE LEGAL SERVICES CORPORATION SEC. 503. The expenditure of any appropria- to implement, administer, or enforce any guide- tion under this Act for any consulting service lines of the Equal Employment Opportunity For payment to the Legal Services Corpora- through procurement contract, pursuant to 5 Commission covering harassment based on reli- tion to carry out the purposes of the Legal Serv- U.S.C. 3109, shall be limited to those contracts gion, when it is made known to the Federal en- ices Corporation Act of 1974, $400,000,000, of where such expenditures are a matter of public tity or official to which such funds are made which $374,600,000 is for basic field programs record and available for public inspection, ex- available that such guidelines do not differ in and required independent audits; $4,000,000 is cept where otherwise provided under existing any respect from the proposed guidelines pub- for the Office of Inspector General, of which law, or under existing Executive order issued lished by the Commission on October 1, 1993 (58 such amounts as may be necessary may be used pursuant to existing law. Fed. Reg. 51266). to conduct additional audits of recipients; SEC. 504. If any provision of this Act or the SEC. 507. If it has been finally determined by $17,000,000 is for management and grants over- application of such provision to any person or a court or Federal agency that any person in- sight; $3,400,000 is for client self-help and infor- circumstances shall be held invalid, the remain- tentionally affixed a label bearing a ‘‘Made in mation technology; and $1,000,000 is for loan re- der of the Act and the application of each provi- America’’ inscription, or any inscription with payment assistance: Provided, That the Legal sion to persons or circumstances other than the same meaning, to any product sold in or Services Corporation may continue to provide those as to which it is held invalid shall not be shipped to the United States that is not made in locality pay to officers and employees at a rate affected thereby. the United States, the person shall be ineligible no greater than that provided by the Federal SEC. 505. (a) None of the funds provided under to receive any contract or subcontract made Government to Washington, DC-based employ- this Act, or provided under previous appropria- with funds made available in this Act, pursuant ees as authorized by 5 U.S.C. 5304, notwith- tions Acts to the agencies funded by this Act to the debarment, suspension, and ineligibility standing section 1005(d) of the Legal Services that remain available for obligation or expendi- procedures described in sections 9.400 through Corporation Act, 42 U.S.C. 2996(d). ture in fiscal year 2009, or provided from any ac- 9.409 of title 48, Code of Federal Regulations. ADMINISTRATIVE PROVISION—LEGAL SERVICES counts in the Treasury of the United States de- SEC. 508. The Departments of Commerce and CORPORATION rived by the collection of fees available to the Justice, the National Science Foundation, and agencies funded by this Act, shall be available the National Aeronautics and Space Adminis- None of the funds appropriated in this Act to for obligation or expenditure through the re- tration, shall provide to the House and Senate the Legal Services Corporation shall be ex- programming of funds that: Committees on Appropriations a quarterly ac- pended for any purpose prohibited or limited by, (1) creates or initiates a new program, project counting of the cumulative balances of any un- or contrary to any of the provisions of, sections or activity; obligated funds that were received by such 501, 502, 503, 504, 505, and 506 of Public Law (2) eliminates a program, project or activity, agency during any previous fiscal year. 105–119, and all funds appropriated in this Act unless the House and Senate Committees on Ap- SEC. 509. Any costs incurred by a department to the Legal Services Corporation shall be sub- propriations are notified 15 days in advance of or agency funded under this Act resulting from, ject to the same terms and conditions set forth such reprogramming of funds; or to prevent, personnel actions taken in re- in such sections, except that all references in (3) increases funds or personnel by any means sponse to funding reductions included in this sections 502 and 503 to 1997 and 1998 shall be for any project or activity for which funds have Act shall be absorbed within the total budgetary deemed to refer instead to 2009 and 2010, respec- been denied or restricted by this Act, unless the resources available to such department or agen- tively. House and Senate Committees on Appropria- cy: Provided, That the authority to transfer MARINE MAMMAL COMMISSION tions are notified 15 days in advance of such re- funds between appropriations accounts as may programming of funds; be necessary to carry out this section is provided SALARIES AND EXPENSES (4) relocates an office or employees, unless the in addition to authorities included elsewhere in For necessary expenses of the Marine Mam- House and Senate Committees on Appropria- this Act: Provided further, That use of funds to mal Commission as authorized by title II of Pub- tions are notified 15 days in advance of such re- carry out this section shall be treated as a re- lic Law 92–522, $3,250,000. programming of funds; programming of funds under section 505 of this

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 6333 E:\CR\FM\A05NO6.029 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11185 Act and shall not be available for obligation or tice, the National Aeronautics and Space Ad- letter required by law, or from being otherwise expenditure except in compliance with the pro- ministration, the National Science Foundation, eligible under the laws of the United States to cedures set forth in that section. and the Legal Services Corporation shall con- possess, ship, transport, or export the articles SEC. 510. None of the funds provided by this duct audits, pursuant to the Inspector General enumerated in subsection (a); and Act shall be available to promote the sale or ex- Act (5 U.S.C. App.), of grants or contracts for (2) does not permit the export without a li- port of tobacco or tobacco products, or to seek which funds are appropriated by this Act, and cense of— the reduction or removal by any foreign country shall submit reports to Congress on the progress (A) fully automatic firearms and components of restrictions on the marketing of tobacco or to- of such audits, which may include preliminary and parts for such firearms, other than for end bacco products, except for restrictions which are findings and a description of areas of particular use by the Federal Government, or a Provincial not applied equally to all tobacco or tobacco interest, within 180 days after initiating such an or Municipal Government of Canada; products of the same type. audit and every 180 days thereafter until any (B) barrels, cylinders, receivers (frames) or SEC. 511. None of the funds appropriated pur- such audit is completed. complete breech mechanisms for any firearm suant to this Act or any other provision of law (b) Within 60 days after the date on which an listed in Category I, other than for end use by may be used for— audit described in subsection (a) by an Inspector the Federal Government, or a Provincial or Mu- (1) the implementation of any tax or fee in General is completed, the Secretary, Attorney nicipal Government of Canada; or connection with the implementation of sub- General, Administrator, Director, or President, (C) articles for export from Canada to another section 922(t) of title 18, United States Code; and as appropriate, shall make the results of the foreign destination. (2) any system to implement subsection 922(t) audit available to the public on the Internet (c) In accordance with this section, the Dis- of title 18, United States Code, that does not re- website maintained by the Department, Admin- trict Directors of Customs and postmasters shall quire and result in the destruction of any iden- istration, Foundation, or Corporation, respec- permit the permanent or temporary export with- tifying information submitted by or on behalf of tively. The results shall be made available in re- out a license of any unclassified articles speci- any person who has been determined not to be dacted form to exclude— fied in subsection (a) to Canada for end use in prohibited from possessing or receiving a firearm (1) any matter described in section 552(b) of Canada or return to the United States, or tem- no more than 24 hours after the system advises title 5, United States Code; and porary import of Canadian-origin items from a Federal firearms licensee that possession or re- (2) sensitive personal information for any in- Canada for end use in the United States or re- ceipt of a firearm by the prospective transferee dividual, the public access to which could be turn to Canada for a Canadian citizen. would not violate subsection (g) or (n) of section used to commit identity theft or for other inap- (d) The President may require export licenses 922 of title 18, United States Code, or State law. propriate or unlawful purposes. under this section on a temporary basis if the SEC. 512. None of the funds made available in (c) A grant or contract funded by amounts ap- President determines, upon publication first in this Act may be used to pay the salaries and ex- propriated by this Act may not be used for the the Federal Register, that the Government of penses of personnel of the Department of Justice purpose of defraying the costs of a banquet or Canada has implemented or maintained inad- to obligate more than $705,000,000 during fiscal conference that is not directly and program- equate import controls for the articles specified year 2010 from the fund established by section matically related to the purpose for which the in subsection (a), such that a significant diver- 1402 of chapter XIV of title II of Public Law 98– grant or contract was awarded, such as a ban- sion of such articles has and continues to take 473 (42 U.S.C. 10601): Provided, That hereafter quet or conference held in connection with plan- place for use in international terrorism or in the the availability of funds under section 1402(d)(3) ning, training, assessment, review, or other rou- escalation of a conflict in another nation. The to improve services shall be understood to mean tine purposes related to a project funded by the President shall terminate the requirements of a availability for pay or salary, including benefits grant or contract. license when reasons for the temporary require- for the same. (d) Any person awarded a grant or contract ments have ceased. SEC. 513. None of the funds made available to funded by amounts appropriated by this Act SEC. 521. Notwithstanding any other provision the Department of Justice in this Act may be shall submit a statement to the Secretary of of law, no department, agency, or instrumen- used to discriminate against or denigrate the re- Commerce, the Attorney General, the Adminis- tality of the United States receiving appro- ligious or moral beliefs of students who partici- trator, Director, or President, as appropriate, priated funds under this Act or any other Act pate in programs for which financial assistance certifying that no funds derived from the grant shall obligate or expend in any way such funds is provided from those funds, or of the parents or contract will be made available through a to pay administrative expenses or the compensa- or legal guardians of such students. subcontract or in any other manner to another SEC. 514. None of the funds made available in person who has a financial interest in the per- tion of any officer or employee of the United this Act may be transferred to any department, son awarded the grant or contract. States to deny any application submitted pursu- agency, or instrumentality of the United States (e) The provisions of the preceding subsections ant to 22 U.S.C. 2778(b)(1)(B) and qualified pur- Government, except pursuant to a transfer made of this section shall take effect 30 days after the suant to 27 CFR section 478.112 or .113, for a by, or transfer authority provided in, this Act or date on which the Director of the Office of permit to import United States origin ‘‘curios or any other appropriations Act. Management and Budget, in consultation with relics’’ firearms, parts, or ammunition. SEC. 515. Any funds provided in this Act used the Director of the Office of Government Ethics, SEC. 522. None of the funds made available in to implement E-Government Initiatives shall be determines that a uniform set of rules and re- this Act may be used to include in any new bi- subject to the procedures set forth in section 505 quirements, substantially similar to the require- lateral or multilateral trade agreement the text of this Act. ments in such subsections, consistently apply of— SEC. 516. (a) Tracing studies conducted by the under the executive branch ethics program to all (1) paragraph 2 of article 16.7 of the United Bureau of Alcohol, Tobacco, Firearms and Ex- Federal departments, agencies, and entities. States-Singapore Free Trade Agreement; plosives are released without adequate dis- SEC. 518. None of the funds appropriated or (2) paragraph 4 of article 17.9 of the United claimers regarding the limitations of the data. otherwise made available under this Act may be States-Australia Free Trade Agreement; or (b) The Bureau of Alcohol, Tobacco, Firearms used to issue patents on claims directed to or en- (3) paragraph 4 of article 15.9 of the United and Explosives shall include in all such data re- compassing a human organism. States-Morocco Free Trade Agreement. leases, language similar to the following that SEC. 519. None of the funds made available in SEC. 523. None of the funds made available in would make clear that trace data cannot be this Act shall be used in any way whatsoever to this Act may be used to authorize or issue a na- used to draw broad conclusions about firearms- support or justify the use of torture by any offi- tional security letter in contravention of any of related crime: cial or contract employee of the United States the following laws authorizing the Federal Bu- (1) Firearm traces are designed to assist law Government. reau of Investigation to issue national security enforcement authorities in conducting investiga- SEC. 520. (a) Notwithstanding any other provi- letters: The Right to Financial Privacy Act; The tions by tracking the sale and possession of spe- sion of law or treaty, none of the funds appro- Electronic Communications Privacy Act; The cific firearms. Law enforcement agencies may priated or otherwise made available under this Fair Credit Reporting Act; The National Secu- request firearms traces for any reason, and Act or any other Act may be expended or obli- rity Act of 1947; USA PATRIOT Act; and the those reasons are not necessarily reported to the gated by a department, agency, or instrumen- laws amended by these Acts. Federal Government. Not all firearms used in tality of the United States to pay administrative SEC. 524. If at any time during any quarter, crime are traced and not all firearms traced are expenses or to compensate an officer or em- the program manager of a project within the ju- used in crime. ployee of the United States in connection with risdiction of the Departments of Commerce or (2) Firearms selected for tracing are not cho- requiring an export license for the export to Justice, the National Aeronautics and Space Ad- sen for purposes of determining which types, Canada of components, parts, accessories or at- ministration, or the National Science Founda- makes, or models of firearms are used for illicit tachments for firearms listed in Category I, sec- tion totaling more than $75,000,000 has reason- purposes. The firearms selected do not constitute tion 121.1 of title 22, Code of Federal Regula- able cause to believe that the total program cost a random sample and should not be considered tions (International Trafficking in Arms Regu- has increased by 10 percent, the program man- representative of the larger universe of all fire- lations (ITAR), part 121, as it existed on April 1, ager shall immediately inform the Secretary, Ad- arms used by criminals, or any subset of that 2005) with a total value not exceeding $500 ministrator, or Director. The Secretary, Admin- universe. Firearms are normally traced to the wholesale in any transaction, provided that the istrator, or Director shall notify the House and first retail seller, and sources reported for fire- conditions of subsection (b) of this section are Senate Committees on Appropriations within 30 arms traced do not necessarily represent the met by the exporting party for such articles. days in writing of such increase, and shall in- sources or methods by which firearms in general (b) The foregoing exemption from obtaining clude in such notice: the date on which such de- are acquired for use in crime. an export license— termination was made; a statement of the rea- SEC. 517. (a) The Inspectors General of the De- (1) does not exempt an exporter from filing sons for such increases; the action taken and partment of Commerce, the Department of Jus- any Shipper’s Export Declaration or notification proposed to be taken to control future cost

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 6333 E:\CR\FM\A05NO6.029 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11186 CONGRESSIONAL RECORD — SENATE November 5, 2009 growth of the project; changes made in the per- hereby rescinded, not later than September 30, ORDER OF BUSINESS formance or schedule milestones and the degree 2010, from the following accounts in the speci- Mr. REID. Mr. President, we have to which such changes have contributed to the fied amounts: increase in total program costs or procurement (1) ‘‘Legal Activities, Assets Forfeiture Fund’’, one more vote tonight. In the last 24 costs; new estimates of the total project or pro- $379,000,000, of which $136,000,000 shall be per- hours we have had a lot of accomplish- curement costs; and a statement validating that manently rescinded and returned to the general ments that we are going to be able to the project’s management structure is adequate fund; point to. I appreciate the cooperation to control total project or procurement costs. (2) ‘‘Office of Justice Programs’’, $42,000,000; of the Republicans. We have a number SEC. 525. Funds appropriated by this Act, or and of nominations we are going to be able made available by the transfer of funds in this (3) ‘‘Community Oriented Policing Services’’, to complete. Act, for intelligence or intelligence related ac- $40,000,000. We are going to move, as soon as this tivities are deemed to be specifically authorized (b) The Department of Justice shall, within 30 next vote is over, to military construc- by the Congress for purposes of section 504 of days of enactment of this Act, submit to the tion. I have spoken to the Republican the National Security Act of 1947 (50 U.S.C. 414) Committee on Appropriations of the House of during fiscal year 2010 until the enactment of Representatives and the Senate a report speci- leader. We are going to do our best to the Intelligence Authorization Act for fiscal fying the amount of each rescission made pursu- finish that on Monday or Tuesday. We year 2010. ant to this section. are going to have that one vote, the SEC. 526. The Departments, agencies, and (c) The recissions contained in this section one vote I indicated. On Monday, at commissions funded under this Act, shall estab- shall not apply to funds provided in this Act. 5:30, we will have a judge vote. We will lish and maintain on the homepages of their SEC. 532. Section 504(a) of the Departments of see if there is anything else we can Internet websites— Commerce, Justice, and State, the Judiciary, have to vote on on Monday, but at (1) a direct link to the Internet websites of and Related Agencies Appropriations Act, 1996 least we will have that one at—5:30 will their Offices of Inspectors General; and (as contained in Public Law 104–134) is amend- be fine. (2) a mechanism on the Offices of Inspectors ed: General website by which individuals may Mr. President, we are going to be in (1) in subsection (a), in the matter preceding Monday and Tuesday. I told everyone I anonymously report cases of waste, fraud, or paragraph (1), by inserting after ‘‘)’’ the fol- abuse with respect to those Departments, agen- lowing: ‘‘that uses Federal funds (or funds from thought this was going to be the day cies, and commissions. any source with regard to paragraphs (14) and that REID finally called ‘‘wolf’’ and the SEC. 527. None of the funds appropriated or (15)) in a manner’’; wolf showed up, but it is not going to otherwise made available by this Act may be (2) by striking subsection (d); and be the case. The reason it is not is be- used to enter into a contract in an amount (3) by redesignating subsections (e) and (f) as cause we have been able to get a lot of greater than $5,000,000 or to award a grant in subsections (d) and (e), respectively. stuff done. I indicated to the Repub- excess of such amount unless the prospective SEC. 533. None of the funds made available lican leader there were things we need- contractor or grantee certifies in writing to the under this Act may be distributed to the Asso- agency awarding the contract or grant that, to ed to get done. We did not get every- ciation of Community Organizations for Reform thing I wanted done, but we got things the best of its knowledge and belief, the con- Now (ACORN) or its subsidiaries. tractor or grantee has filed all Federal tax re- I had not put on the list done that REVIEW AND AUDIT OF ACORN FEDERAL FUNDING turns required during the three years preceding amounts to the same. the certification, has not been convicted of a SEC. 534. (a) REVIEW AND AUDIT.—The Comp- So I am grateful for the cooperation troller General of the United States shall con- criminal offense under the Internal Revenue we have gotten recently, and I look for- Code of 1986, and has not, more than 90 days duct a review and audit of Federal funds re- ceived by the Association of Community Organi- ward to a good week next week. Re- prior to certification, been notified of any un- member, it is only 2 days long. paid Federal tax assessment for which the liabil- zations for Reform Now (referred to in this sec- ity remains unsatisfied, unless the assessment is tion as ‘‘ACORN’’) or any subsidiary or affiliate f of ACORN to determine— the subject of an installment agreement or offer EXECUTIVE SESSION in compromise that has been approved by the (1) whether any Federal funds were misused Internal Revenue Service and is not in default, and, if so, the total amount of Federal funds in- or the assessment is the subject of a non-frivo- volved and how such funds were misused; (2) what steps, if any, have been taken to re- NOMINATION OF IGNACIA S. lous administrative or judicial proceeding. MORENO TO BE AN ASSISTANT SEC. 528. None of the funds appropriated or cover any Federal funds that were misused; otherwise made available in this Act may be (3) what steps should be taken to prevent the ATTORNEY GENERAL used in a manner that is inconsistent with the misuse of any Federal funds; and The PRESIDING OFFICER. Under principal negotiating objective of the United (4) whether all necessary steps have been the previous order, the Senate will pro- States with respect to trade remedy laws to pre- taken to prevent the misuse of any Federal ceed to executive session to consider a funds. serve the ability of the United States— nomination, which the clerk will re- (1) to enforce vigorously its trade laws, in- (b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Comptroller port. cluding antidumping, countervailing duty, and The assistant legislative clerk read safeguard laws; General shall submit to Congress a report on the (2) to avoid agreements that— results of the audit required under subsection the nomination of Ignacia S. Moreno, (A) lessen the effectiveness of domestic and (a), along with recommendations for Federal of New York, to be an Assistant Attor- international disciplines on unfair trade, espe- agency reforms. ney General. cially dumping and subsidies; or This Act may be cited as the ‘‘Commerce, Jus- Mr. LEAHY. Mr. President, today, (B) lessen the effectiveness of domestic and tice, Science, and Related Agencies Appropria- the Senate will confirm yet another international safeguard provisions, in order to tions Act, 2010’’. outstanding nominee to fill a high- ensure that United States workers, agricultural Mrs. MURRAY. I move to reconsider level vacancy at the Department of producers, and firms can compete fully on fair the vote. Justice. The confirmation of Ignacia terms and enjoy the benefits of reciprocal trade Mr. NELSON of Nebraska. I move to Moreno to head the Environment and concessions; and lay that motion on the table. Natural Resources Division is long (3) to address and remedy market distortions The motion to lay on the table was that lead to dumping and subsidization, includ- overdue. Ms. Moreno’s nomination has ing overcapacity, cartelization, and market-ac- agreed to. been stalled on the Senate Executive cess barriers. The PRESIDING OFFICER. Under Calendar without explanation for al- SEC. 529. None of the funds made available in the previous order, the Senate insists most 6 weeks. Nominations for four this Act may be used to purchase first class or on its amendment, requests a con- other Assistant Attorneys General to premium airline travel in contravention of sec- ference with the House, and the Chair run divisions at the Department re- tions 301–10.122 through 301–10.124 of title 41 of appoints Ms. MIKULSKI, Mr. INOUYE, Mr. main stalled by Republican objections the Code of Federal Regulations. LEAHY, Mr. KOHL, Mr. DORGAN, Mrs. to their consideration. SEC. 530. None of the funds made available in FEINSTEIN, Mr. REED, Mr. LAUTENBERG, I thank Senator WHITEHOUSE for this Act may be used to send or otherwise pay for the attendance of more than 50 employees Mr. NELSON of Nebraska, Mr. PRYOR, chairing the Judiciary Committee from a Federal department or agency at any Mr. BYRD, Mr. SHELBY, Mr. GREGG, Mr. hearing on this nomination on Sep- single conference occurring outside the United MCCONNELL, Mrs. HUTCHISON, Mr. AL- tember 9. When we reported this nomi- States. EXANDER, Mr. VOINOVICH, Ms. MUR- nation by unanimous consent—without (RESCISSIONS) KOWSKI, and Mr. COCHRAN conferees on a single dissenting vote—on September SEC. 531. (a) Of the unobligated balances the part of the Senate. 24, I did not imagine it would not be available to the Department of Justice from The PRESIDING OFFICER. The ma- considered by the full Senate until No- prior appropriations, the following funds are jority leader. vember.

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.029 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11187 Senate Republicans have irrespon- Chris Schroeder’s nomination to be BYRD), the Senator from Delaware (Mr. sibly held up nominations to critical the Assistant Attorney General in CARPER), and the Senator from Lou- posts in the Department of Justice, de- charge of the Office of Legal Policy has isiana (Ms. LANDRIEU) are necessarily priving the President, the Attorney been pending on the Senate Executive absent. General, and the country of the leaders Calendar since July 28. It was reported Mr. KYL. The following Senators are needed to head key law enforcement di- by voice vote without a single dis- necessarily absent: the Senator from visions at the Justice Department. senting voice. President Bush’s first Georgia (Mr. CHAMBLISS), the Senator These are leaders in our Federal law nominee to head that division, Viet from South Carolina (Mr. DEMINT), the enforcement efforts. Presidents of both Dinh, was confirmed 96 to 1 only 1 Senator from Georgia (Mr. ISAKSON), parties, especially newly elected ones, month after he was nominated and and the Senator from Ohio (Mr. are normally accorded significant def- only a week after his nomination was VOINOVICH). erence to put in place appointees for reported by the committee. The three Further, if present and voting, the their administrations. nominees to that office that succeeded Senator from South Carolina (Mr. Yet, 10 months into President Mr. Dinh—Daniel Bryant, Rachel DEMINT) would have voted ‘‘yea.’’ Obama’s first term, even after we con- Brand, and Elisabeth Cook—were each The PRESIDING OFFICER. Are there firm Ms. Moreno, four nominations to confirmed by voice vote in a shorter any other Senators in the Chamber de- be Assistant Attorneys General will re- time than Professor Schroeder’s nomi- siring to vote? main stalled on the Senate’s Executive nation has been pending. Ms. Cook was The result was announced—yeas 93, Calendar due to Republican opposition confirmed 13 days after her nomination nays 0, as follows: and obstruction. These are the Presi- was reported by the committee, even [Rollcall Vote No. 341 Leg.] dent’s nominees to run 4 of the 11 divi- though it was the final year of the YEAS—93 sions at the Justice Department—near- Bush Presidency. By contrast, the ma- Akaka Feingold Menendez ly half. By comparison, at this point in jority leader may have to file another Alexander Feinstein Merkley the Bush administration the Senate cloture position in order to overcome Barrasso Franken Mikulski had confirmed nine Assistant Attor- Republican obstruction and obtain Baucus Gillibrand Murkowski neys General and only one nomination Bayh Graham Murray Senate consideration of Professor Begich Grassley Nelson (NE) was pending on the Senate Executive Schroeder’s nomination. Bennet Gregg Nelson (FL) Calendar. The difference is that the Re- Instead of withholding consents and Bennett Hagan Pryor publican minority is refusing to con- filibustering President Obama’s nomi- Bingaman Harkin Reed Bond Hatch Reid sider these nominations. nees, the other side of the aisle should Boxer Hutchison Risch The nomination we consider today, join us in treating them fairly. We Brown Inhofe Roberts President Obama’s nomination of should not have to fight for months to Brownback Inouye Rockefeller Ignacia Moreno to be the Assistant At- Bunning Johanns Sanders schedule consideration of the Presi- Burr Johnson Schumer torney General in charge of the Envi- dent’s judicial nominations and nomi- Burris Kaufman Sessions ronment and Natural Resources Divi- nation for critical posts in the execu- Cantwell Kerry Shaheen sion, has been on the Senate Executive tive branch. Cardin Kirk Shelby Calendar for almost 6 weeks, even Casey Klobuchar Snowe Upon the announcement of her nomi- Coburn Kohl Specter though it was reported by the Judici- nation, President Obama described Cochran Kyl Stabenow ary Committee without a single Repub- Ignacia Moreno as a ‘‘talented indi- Collins Lautenberg Tester lican Senator dissenting. By compari- Conrad Leahy Thune vidual’’ whose leadership will help us Corker LeMieux Udall (CO) son, a Democratic majority in the Sen- ‘‘preserve our environment.’’ I agree. Cornyn Levin Udall (NM) ate confirmed President Bush’s nomi- Ignacia Moreno is a well-qualified Crapo Lieberman Vitter nation of Thomas Sansonetti to the po- nominee who has chosen to leave a lu- Dodd Lincoln Warner sition only 1 day after it was reported Dorgan Lugar Webb crative private practice to return to Durbin McCain Whitehouse by the Judiciary Committee. government service. Ensign McCaskill Wicker The President nominated Dawn Ms. Moreno currently works for Gen- Enzi McConnell Wyden Johnsen to be the Assistant Attorney eral Electric, where she oversees that NOT VOTING—7 General in charge of the Office of Legal corporation’s compliance with State Byrd DeMint Voinovich Counsel at the Justice Department on and Federal laws. Prior to that, she Carper Isakson February 11. Her nomination has been spent 7 years in the Energy and Nat- Chambliss Landrieu pending on the Senate Executive Cal- ural Resources Division, where she The nomination was confirmed. endar since March 19. That is the long- served as a Special Assistant and later The PRESIDING OFFICER. The est pending nomination on the cal- Principal Counsel to the Assistant At- President will be notified of the Sen- endar by over 2 months. We did not torney General. I am confident that ate’s action. treat President Bush’s first nominee to Ms. Moreno’s significant experience head the Office of Legal Counsel the will be put to good use when she is con- f same way. We confirmed Jay Bybee to firmed to return to the Justice Depart- LEGISLATIVE SESSION that post only 49 days after he was ment. The PRESIDING OFFICER. The Sen- nominated by President Bush and only I congratulate Ms. Moreno and her ate will resume legislative session. 5 days after his nomination was re- family on her confirmation today. I ported by the committee. Of course, his thank her many supporters for helping f work in the Office of Legal Counsel is to free this nomination for Senate con- MILITARY CONSTRUCTION, VET- now the subject of an ongoing review sideration. ERANS AFFAIRS AND RELATED by the Office of Professional Responsi- The PRESIDING OFFICER. The AGENCIES APPROPRIATIONS bility. question is, Will the Senate advise and ACT, 2010 Mary Smith’s nomination to be the consent to the nomination of Ignacia Assistant Attorney General in charge S. Moreno, of New York, to be an As- The PRESIDING OFFICER. The Sen- of the Tax Division has been pending sistant Attorney General? ate will now proceed to the consider- on the Senate’s Executive Calendar Mr. CARDIN. Mr. President, I ask for ation of H.R. 3082, which the clerk will since June 11—nearly 5 months. We the yeas and nays. report. confirmed President Bush’s first nomi- The PRESIDING OFFICER. Is there a The legislative clerk read as follows: nation to that position, Eileen O’Con- sufficient second? A bill (H.R. 3082) making appropriations nor, only 57 days after her nomination There appears to be a sufficient sec- for military construction, the Department Of was made and 1 day after her nomina- ond. Veterans Affairs, and related agencies for tion was reported by the Committee. The clerk will call the roll. the fiscal year ending September 30, 2010, and Her replacement, Nathan Hochman, The legislative clerk called the roll. for other purposes. was confirmed without delay, just 34 Mr. DURBIN. I announce that the The PRESIDING OFFICER. The Sen- days after his nomination. Senator from West Virginia (Mr. ator from South Dakota is recognized.

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.069 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11188 CONGRESSIONAL RECORD — SENATE November 5, 2009 AMENDMENT NO. 2730 lion for veterans’ medical care, $4.2 bil- ilies will get first rate housing while at Mr. JOHNSON. Mr. President, I call lion over last year; $23 billion for mili- the same time reducing construction up amendment No. 2730. tary construction, $286 million over the and maintenance costs to the military. The PRESIDING OFFICER. The President’s budget request; $1.3 billion Our committee mark also includes clerk will report. for Guard and reserve construction funding to complete previous and ongo- The legislative clerk read as follows: projects, $264 million above the budget ing base closure actions. This bill con- The Senator from South Dakota [Mr. request, and $279 million for related tains $7.5 billion for BRAC 2005 as re- JOHNSON], for himself and Mrs. HUTCHISON, agencies, including the American Bat- quested and $421.8 million for BRAC proposes an amendment numbered 2730. tle Monuments Commission and Ar- 1990, a $25 million increase above the Mr. JOHNSON. Mr. President, I ask lington National Cemetery. request. The BRAC 2005 request is $1.3 unanimous consent that the reading of For fiscal year 2010, the bill provides billion below the fiscal year 2009 en- the amendment be dispensed with. $53.2 billion in discretionary funding acted level, reflecting reduced con- The PRESIDING OFFICER. Without for veterans programs, an increase of struction requirements. objection, it is so ordered. $150 million over the budget request The bill also includes $276.3 million (The amendment is printed in today’s and $3.9 billion over last year. This in- as requested to fund the NATO Secu- RECORD under ‘‘Text of Amendments.’’) cludes $44.7 billion for veterans medical rity Investment Program, NSIP. This Mr. JOHNSON. Mr. President, I am care, an increase of $4.2 billion over program provides the U.S. funding pleased to present the fiscal year 2010 last year. share of joint U.S.–NATO military fa- Military Construction, Veterans Af- The veterans funding also includes cilities. fairs, and Related Agencies appropria- $250 million requested by the President Two military construction programs tions bill. The bill was unanimously re- for rural health care, continuing an of particular importance to me are the ported out of committee on July 7. It is initiative the committee began last Homeowners Assistance Program, a well balanced and bipartisan meas- year. To further improve outreach to HAP, which provides mortgage relief to ure, and I hope all Senators will sup- veterans in rural areas, including Na- military families required to relocate, port it. tive Americans, the bill provides $50 and the Energy Conservation Invest- I thank my ranking member, Senator million above the budget request for a ment Program. Building on an expan- HUTCHISON, for her help and coopera- new rural clinic initiative to serve vet- sion of the HAP program that was tion in crafting the bill. Senator erans in rural areas currently under- funded in the stimulus bill, this bill HUTCHISON’s dedication to America’s served by VA facilities. adds $350 million to complete the fund- veterans and to our military forces has For military construction, the bill ing requirement to temporarily extend been a tremendous asset in developing provides $23.2 billion, $286 million over HAP benefits to all eligible military this bill. I also thank Chairman INOUYE the President’s budget request. This in- families who have suffered losses on and Vice Chairman COCHRAN for their cludes nearly $1.3 billion for Guard and home sales due to the mortgage crisis. support and assistance in moving this Reserve projects, $264 million above the The additional funding also supports bill forward. budget request. As so many of us know, the permanent extension of HAP bene- The Military Construction and Vet- our Reserve components have provided fits to wounded warriors who must re- erans Affairs bill provides critical in- unparalleled support to their active locate for medical reasons and to sur- vestments in capital infrastructure for component counterparts in operations viving spouses of fallen warriors. As ev- our military, including barracks and around the globe. Providing quality in- eryone knows, the mortgage crisis has family housing; training and oper- frastructure for the Guard and Reserve had a devastating impact on many ational facilities; and childcare and is only a small token of our apprecia- Americans, and our military families family support centers. In addition, it tion. are not immune from the collapse in fulfills the Nation’s promise to our vet- In all, the military construction the housing market. In particular, erans by providing the resources need- projects included within this bill are as military families have been adversely ed for the medical care and benefits diverse as the individuals serving our impacted when forced to sell their that our veterans have earned through Nation—from building a field training homes at a loss when required by the their service. facility in North Carolina, to con- military to relocate either within the The bill before the Senate today pro- structing a military school in Europe; United Stated or overseas. In such cir- vides a total of $134 billion in funding from developing a military health clin- cumstances, our military men and for fiscal year 2010. This includes $76.7 ic in Washington State to providing women do not have the luxury of wait- billion in discretionary funding—$439 dining halls in forward operating loca- ing for the housing market to recover. million over the budget request; $1.4 tions in Afghanistan. The Energy Conservation Investment billion for overseas contingency oper- For the first time since the war in Program—ECIP—is designed to pro- ations to support our troops in Afghan- Afghanistan began; the President has mote energy conservation and effi- istan, and $56 billion in mandatory requested war-related funding as part ciency, including investments in re- funding for veterans programs. of the regular budget process. This newable and alternative energy re- In addition, I am pleased to report year, we have incorporated projects for sources, on our military installations. that, for the first time, the bill before Afghanistan into the normal budget The subcommittee has added $135 mil- us contains $48.2 billion in advance ap- order by providing an overseas contin- lion in funding to the President’s budg- propriations for veterans medical care gency operations account to support et request to provide for such innova- for fiscal year 2011. This funding will war fighting operations. Within this tions. Our bill also includes language ensure that the VA has a predictable account, we supported the President’s urging the Department of Defense to stream of funding and that medical budget request of $1.4 billion for mili- develop a more comprehensive strategy services will not be adversely affected tary construction projects at 22 for- to address energy conservation, energy should another stopgap funding meas- ward operating locations in Afghani- efficiency and energy security. While I ure be needed in the future. As an stan. am encouraged by the efforts of the original cosponsor of the legislation For military family housing, the bill services at finding ways to reduce en- authorizing advance appropriations for provides $2 billion as requested. The ergy use on military installations, I veterans health care, I am particularly budget request for family housing is worry that the Department as a whole pleased that Senator HUTCHISON and I $1.5 billion below the fiscal year 2009 does not have a single point of coordi- were able to provide the funding in this enacted level, due primarily to the nation that will ensure that innovative bill to implement this important legis- nearing completion of the military’s ideas and projects are shared across all lation. housing privatization initiative and of the services and within the Depart- Other funding priorities in the bill subsequent reductions in operating ex- ment. include $53 billion in discretionary penses. The privatization of military This bill includes $26.9 million for funding for veterans programs, $150 family housing has been a good news projects at active duty installations million over the budget request and story for our military families and the and Guard facilities in my home State $3.9 billion more than last year; $45 bil- American taxpayers. Our military fam- of South Dakota. This includes $14.5

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.072 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11189 million to expand the Deployment Cen- polytrauma, post traumatic stress dis- structure investment made in the bill. ter at Ellsworth Air Force Base; $7.89 order, and traumatic brain injury. The In the 21st century, health care deliv- million for the Army and Air Guard resources provided in the bill are essen- ery is dependent on modern technology Joint Force Headquarters Readiness tial to the VA’s ability to treat these and robust information technology. Center at Camp Rapid; $1.95 million for veterans. Therefore, we have included $3.3 billion a National Guard troop medical clinic As a Senator from a large, highly for the Department to modernize its in- addition at Camp Rapid; $1.3 million to rural state, I have been emphatic that formation technology programs, in- construct an above-ground magazine the VA must change its way of doing cluding its electronic medical records, storage facility for the Air Guard at business when it comes to providing a new paperless claims system, and Joe Foss Field; and $1.3 million for a services to veterans who live well out- systems designed for seamless integra- munitions maintenance complex addi- side urban areas. Last year, as chair- tion of medical and service records tion, also for the Air Guard at Joe Foss man of the subcommittee, I established with the Department of Defense. Field. a new rural health initiative at the VA, Finally, the bill provides $279 million Once again we have made veterans a and provided $250 million specifically for a handful of small but important top priority this year by including $53.2 for the Department to address the gap related agencies, including the Amer- billion in discretionary funding for the in services that exists in rural areas. ican Battle Monuments Commission VA, an increase of $150 million over the This year’s bill includes an additional and Arlington National Cemetery. budget request and $3.9 billion over last $250 million, as requested by the Presi- Next Wednesday is Veterans Day, a year. The Department is expecting to dent, to continue this program. To fur- day on which the Nation honors all treat almost 6.1 million patients in fis- ther bolster the rural health effort, I those who have served in the armed cal year 2010; therefore we have tar- added $50 million to the bill for a new forces of the United States. I can think geted the bulk of the discretionary Rural Clinic Initiative. This will pro- of no better way to express the Sen- funding for the three medical care ac- vide the VA with additional funding to ate’s gratitude for the service of our counts, which total $44.7 billion this establish Community Based Outpatient veterans and the sacrifices they have year. This includes a $3.7 billion in- Clinics—CBOCs—in rural areas that are made for our country than to pass this crease over fiscal year 2009 for the med- currently underserved by VA health bill without delay. Again, I thank my ical services account. care facilities. ranking member for her support in The challenges that face the VA in According to the VA, roughly 131,000 crafting the bill. I also thank the staff the 21st century are daunting but not veterans are homeless on any given of the subcommittee—Christina Evans, insurmountable. These include mod- night. This is 131,000 too many vet- Chad Schulken and Andy ernizing and transforming antiquated erans. Secretary Shinseki has made Vanlandingham of my staff, and Dennis systems; treating combat injuries, combating homelessness a top priority Balkham and Ben Hammond of the mi- many of which leave no physical scars; at the VA. To assist, the bill includes nority staff—for their hard work and $3.2 billion for health care and support and adjusting services to meet chang- cooperative effort to produce this bill. services for homeless veterans. This in- ing demographics. The VA will have to Mr. President, I want to express my cludes $500 million in direct programs balance the services required by aging sorrow at the tragic events that un- to assist homeless veterans. veterans, such as long term care, with folded at Fort Hood, TX, this after- The bill also puts a priority on reduc- noon. I extend my condolences to the the needs required by a surge of new ing the time it takes for veterans to re- veterans from the wars in Iraq and Af- troops and families at Fort Hood, and ceive the benefits they have earned. to my ranking member Senator ghanistan. Moreover, as more and more Funding is included which will provide women are choosing the Armed Forces HUTCHISON. Our thoughts and prayers the Veterans Benefits Administration are with her and with the Fort Hood as a career, the VA will need to trans- with the resources to hire 1,200 new form from a culture dominated by serv- community in this difficult time. claims processors in fiscal year 2010. Mr. President, I yield the floor. ices designed for men to one that in- This will bring the compensation and The PRESIDING OFFICER. The Sen- cludes services specific to the health pensions workforce level to 14,549 in ator from Kansas is recognized. care needs of women veterans. To that 2010 as compared to 7,550 in 2005. This Mr. ROBERTS. Mr. President, sud- end, this bill includes $183 million to increased workforce will be necessary denly I find myself a member of the specifically address the unique health as claims for benefits are estimated to powerful Appropriations Committee, care needs of women veterans. reach almost one million in fiscal year but it comes under a dark cloud indeed. Veterans Affairs Secretary Shinseki 2010. The distinguished chairman, who does has laid out an ambitious plan to The last two issues I will highlight such a great job in behalf of our vet- transform the Department of Veterans deal with infrastructure, both capital erans and military construction, has Affairs into a 21st century organiza- and electronic. The VA operates the pointed out the terrible tragedy that tion. The bill before the Senate is a Nation’s largest integrated health care has happened at Fort Hood. So I am step in that direction by providing the system in the United Sates. It does so here standing in, if you will, for Sen- VA with the resources needed to ad- through a system of 153 hospitals and ator HUTCHISON, who does such a good dress these and other issues. For exam- 1,002 outpatient clinics. These build- job, in partnership with my colleague ple, the bill provides $6 billion for long- ings must be maintained at the highest and my friend and my neighbor, whom term care, a $663 million increase from level to ensure patient safety and high I respect a great deal. So I appreciate last year. The funding includes both in- quality medical care. Once again this the opportunity to speak on the bill be- stitutional and home based care pro- year, the bill contains additional fund- fore us. grams. In addition, the bill provides ing above the budget request to ensure As Senator HUTCHISON departs as $115 million for grants for the construc- that VA facilities do not become dilap- early as she possibly can to get to tion of State extended care facilities, idated and that the backlog of code Texas to assist in the challenge of this $30 million over the budget request. violations identified in facility condi- great tragedy, we wish her well, and This program provides grants to State tion assessment reports is addressed. In our prayers are with her and all the veterans homes to construct new facili- total, this bill provides $1.3 billion, $300 people at Fort Hood and all the people ties or to correct life threatening code million above the President’s request, in Texas. violations. to address critical non-recurring main- As the distinguished chairman has The bill also includes $2.1 billion, $460 tenance at existing VA hospitals and stated, a lot of time and energy have million above fiscal year 2009, for med- clinics. Additionally, $1.9 billion is pro- gone into putting this legislation to- ical care for veterans of the wars in vided for the construction of new VA gether. Senator HUTCHISON wanted to Iraq and Afghanistan. The VA has seen hospitals and clinics. The bill also in- thank Chairman JOHNSON and his staff a surge of these veterans and expects cludes $685 million for minor construc- for working hard to address the needs to see over 419,000 this year alone, a 61 tion projects, $85 million above the of our servicemembers and veterans. I percent increase in patient load since President’s request. am going to repeat just a couple of 2008. Many of these veterans suffer Funding for bricks and mortar and things that are in the full statement of combat specific injuries such as recapitalization is not the only infra- the distinguished Senator from Texas.

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.031 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11190 CONGRESSIONAL RECORD — SENATE November 5, 2009 As Chairman JOHNSON has pointed erans’ medical care for fiscal year 2011. ance Fund. Chairman JOHNSON has out, the Military Construction, Vet- This funding will allow the VA to bet- been instrumental in making this pro- erans Affairs, and Related Agencies ap- ter plan the budget for our veterans’ gram a success. propriations bill includes for fiscal health care. This bill funds the Guard and Reserve year 2010 $76.7 billion in discretionary Congress has shown its resolve time at $264 million above the President’s spending, $23.2 billion for military con- and again to care for our Nation’s vet- request. A significant number of the struction, $53.2 billion for our veterans, erans and provide the infrastructure troops fighting the war on terror con- $55.8 billion in mandatory spending for for our men and women in uniform. We sist of Guard and Reserve members, so veterans’ benefits, and $1.4 billion for all owe them a debt of gratitude and I am very glad we were able to provide military construction projects to assist will do our part to take care of them. additional resources for them. our troops in Afghanistan in their fight So I ask my colleagues to support This summer, as our Nation was pre- against terrorism. this bill. We have no objection on this paring for its Fourth of July celebra- A lot of the figures Senator side. tions, I had the honor of visiting our HUTCHISON has here have been men- Again, I wish to thank the distin- troops in Iraq and Kuwait. I listened to tioned by the distinguished chairman, guished chairman for all of his work their concerns and saw first hand how so I won’t go into those, but Senator and leadership. the facilities we provide in this bill are HUTCHISON wanted to indicate and I yield the floor. instrumental in their ability to carry wanted to highlight that she was very (At the request of Mr. ROBERTS, the out their mission. pleased that the bill provides full fund- following statement was ordered to be This legislation contains almost $1.4 ing for the base realignment and clo- printed in the RECORD.) billion in emergency funding for the sure actions. The funds are essential to ∑ Mrs. HUTCHISON. Mr. President, as war in Afghanistan. The policies of this bringing our troops home, predomi- the ranking member of the Military conflict have been passionately de- nantly from Europe and Korea, and Construction, Veterans Affairs, and Re- bated on the Senate floor in recent basing them in the United States. By lated Agencies Subcommittee, I appre- days. But I am sure we can all agree fully funding BRAC, we can help the ciate the opportunity to speak on the that—independent of our views of the Department of Defense to stay on bill before us. A lot of time and energy war—we must provide the infrastruc- schedule to achieve this goal by Sep- has gone into putting this legislation ture needs of our sailors, soldiers, air- tember of 2011. together, and I would like to thank men and marines. This bill does that. Senator HUTCHISON would also like to Chairman JOHNSON and his staff for In addition, I would like to point out highlight that the legislation contains working hard to address the needs of that this subcommittee is committed the necessary funds for the Defense De- our service members and veterans. to making sure that our NATO allies partment program especially designed This is a bipartisan bill, and I can fund their fair share of all joint to help our servicemembers who were say with great confidence that this projects. I can assure my colleagues, forced to relocate in this harsh eco- subcommittee makes sure that the pri- and the American people, that every nomic housing environment—I might orities of all Senators, on both sides of MILCON facility shared by allied add that we see this at Fort Leaven- the aisle, are evaluated and taken care forces is evaluated for NATO reim- worth and Fort Riley as well in Kan- of to the best of our ability. bursement and that we push hard for sas—the Homeowners Assistance Fund. As Chairman JOHNSON has pointed cost sharing at every possible oppor- Chairman JOHNSON has been absolutely out, this Military Construction, Vet- tunity. instrumental in making this program a erans Affairs, and Related Agencies Ap- Our bill provides $109 billion for the success. propriations bill includes, for fiscal Department of Veterans Affairs, a 14 The legislation contains about $1.4 year 2010: $76.7 billion in discretionary percent increase above fiscal year 2009. billion in emergency funding for the spending, including $23.2 billion for Veterans’ healthcare is funded at $45 war in Afghanistan. Senator military construction and $53.2 billion billion, and medical research is funded HUTCHISON, myself—almost every Sen- for our veterans; $55.8 billion in manda- at $580 million. This bill also makes a ator knows that the policies of this tory spending for veterans’ benefits, significant investment in VA infra- conflict have been passionately de- and $1.4 billion for military construc- structure needs, with nearly $5 billion bated on the Senate floor in recent tion projects to assist our troops in Af- for the maintenance and repair of VA days, but I am sure we can all agree ghanistan in their fight against terror- medical facilities and $2 billion in new that independent of our views on the ists and insurgents. construction projects. war or the strategy of that national se- This legislation provides $23.2 billion The Veterans Benefits Administra- curity threat, we must provide the in- for the Defense Department’s military tion is funded at $56 billion to admin- frastructure needs of our sailors, sol- construction program. I am concerned ister compensation, pension, and read- diers, airmen, and marines, who, by the that the DOD requested over $7 billion justment benefits earned by our vet- way, celebrated their birthday today. less for 2010, a 25 percent decrease from erans. We have fully funded the new This bill does just that. the previous year, and I hope this trend education benefits provided by the In addition, I would point out that does not continue. Of all the funds we post–9/11 educational assistance pro- the distinguished ranking member provide for our government, supporting gram, and included funding for 1,200 wanted to express her strong commit- the infrastructure needs of our soldiers new claims processors to reduce the ment to making sure that our NATO is one of the most important I can claims backlog. allies—our NATO allies—fund their fair think of. This legislation addresses the many share of these joint projects. I am pleased that our bill provides demands facing the Department of Vet- The chairman has already gone over full funding for the Base Realignment erans Affairs. It includes funding over the figures for the Department of Vet- and Closure actions at almost $7.5 bil- 2009 levels to enhance outreach and erans Affairs, although Senator lion. These funds are essential to bring services for mental health care, com- HUTCHISON did want to point out that our troops home, predominantly from bat homelessness, further meet the it includes funding to enhance out- Europe and Korea, and basing them in needs of women veterans, and expand reach and services for mental health the United States. By fully funding access to healthcare in rural areas. Fi- care, combat homelessness, further BRAC we can help the DOD stay on nally, we included $48.2 billion in ad- meet the needs of women veterans, and schedule to achieve this goal by Sep- vance appropriations for veterans’ expand our health care to rural areas— tember 2011. medical care for fiscal year 2011. This something the chairman knows all I wish to point out as well that our funding will allow the Veterans Health about, something which I like to think legislation contains the necessary Administration to better plan and I know something about, and some- funds for the Defense Department pro- budget for veterans’ health care. thing that I know Senator HUTCHISON gram specially designed to help our Congress has shown its resolve time knows about a great deal. service members who are forced to re- and again to care for our nation’s vet- Finally, we have included $48.2 bil- locate in this harsh economic housing erans and provide the infrastructure lion in advanced appropriations for vet- environment, the Homeowners Assist- for our men and women in uniform. We

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.073 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11191 owe all of them our gratitude, and we bill. An amendment would correct this tionary spending limits, allocations will do our part to take care of them. error. pursuant to section 302(a) of the Con- I ask my colleagues to support this I note the absence of a quorum. gressional Budget Act of 1974, and ag- bill. The PRESIDING OFFICER. The gregates for legislation making appro- Again, I would like to thank Sen- clerk will call the roll. priations for fiscal years 2009 and 2010 ators INOUYE and COCHRAN for their The legislative clerk proceeded to for overseas deployments and other ac- support putting this bill together, and call the roll. tivities by the amounts provided in I would especially like to thank Chair- Mr. JOHNSON. Mr. President, I ask such legislation for those purposes and man JOHNSON for his leadership and the unanimous consent that the order for so designated pursuant to section hard work of his staff: Christina Evans, the quorum call be rescinded. 401(c)(4). The adjustment is limited to Chad Schulken, and Andy The PRESIDING OFFICER. Without the total amount of budget authority Vanlandingham.∑ objection, it is so ordered. specified in section 104(21) of S. Con. The PRESIDING OFFICER. The Sen- Mr. JOHNSON. Mr. President, I be- Res. 13. For 2009, that limitation is ator from South Dakota is recognized. lieve it has been cleared by both sides. $90.745 billion, and for 2010, it is $130 I ask unanimous consent that the AMENDMENT NO. 2732 TO AMENDMENT NO. 2730 billion. amendment be agreed to. Mr. JOHNSON. Mr. President, I send On July 7, 2009, the Senate Appro- an amendment to the desk on behalf of Mr. ROBERTS. Will the chairman yield? priations Committee reported S. 1407, myself and Senator HUTCHISON and ask Mr. JOHNSON. Yes. the Military Construction and Vet- for its immediate consideration. Mr. ROBERTS. The chairman has ac- erans Affairs and Related Agencies Ap- The PRESIDING OFFICER. The curately described the contents of the propriations Act, 2010. The reported clerk will report. bill contains $1.399 billion in funding The legislative clerk read as follows: amendment. We have no objection and ask that it be agreed to. that the Senate Appropriations Com- The Senator from South Dakota [Mr. The PRESIDING OFFICER. Without mittee intends to designate for over- JOHNSON], for himself and Mrs. HUTCHISON, proposes an amendment numbered 2732 to objection, the amendment is agreed to. seas deployments and other activities amendment No. 2730. The amendment (No. 2732) was agreed pursuant to section 401(c)(4). An Mr. JOHNSON. Mr. President, I ask to. amendment has been offered that pro- Mr. JOHNSON. Mr. President, I sug- unanimous consent that the reading of vides a designation consistent with sec- gest the absence of a quorum. the amendment be dispensed with. tion 401(c)(4). The Congressional Budg- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without et Office estimates that the $1.399 bil- clerk will call the roll. objection, it is so ordered. lion in budget authority will result in The legislative clerk proceeded to The amendment is as follows: $145 million in new outlays in 2010. As call the roll. a result, I am revising both the discre- (Purpose: To make a technical amendment Mr. BROWN. Mr. President, I ask regarding the designation of funds) tionary spending limits and the alloca- unanimous consent that the order for tion to the Senate Committee on Ap- On page 56, between lines 9 and 10, insert the quorum call be rescinded. the following: propriations for discretionary budget The PRESIDING OFFICER. Without SEC. 401. Amounts appropriated or other- authority and outlays by those wise made available by this title are des- objection, it is so ordered. amounts in 2010. When combined with ignated as being for overseas deployments Mr. BROWN. Mr. President, with re- previous adjustments made pursuant to and other activities pursuant to sections spect to amendment No. 2732, I move to section 401(c)(4), $129.999 billion has 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th reconsider and table the vote on adop- been designated so far for overseas de- Congress), the concurrent resolution on the tion of the amendment. ployments and other activities for 2010. budget for fiscal year 2010. The PRESIDING OFFICER. Without Mr. JOHNSON. Mr. President, this objection, it is so ordered. I ask unanimous consent that the fol- amendment is a technical amendment Mr. CONRAD. Mr. President, section lowing revisions to S. Con. Res. 13 be which provides for the proper designa- 401(c)(4) of S. Con. Res. 13, the 2010 printed in the RECORD. tion for title IV of the bill, Overseas budget resolution, permits the chair- There being no objection, the mate- Contingency Operations. This informa- man of the Senate Budget Committee rial was ordered to be printed in the tion was inadvertently left out of the to adjust the section 401(b) discre- RECORD, as follows: CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2010—S. CON. RES. 13; FURTHER REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION 401(c)(4) TO THE ALLOCATION OF BUDGET AUTHORITY AND OUTLAYS TO THE SENATE APPROPRIATIONS COMMITTEE AND THE SECTION 401(b) SENATE DISCRETIONARY SPENDING LIMITS [In millions of dollars]

Current allocation/ Revised limit Adjustment allocation/limit

FY 2009 Discretionary Budget Authority ...... 1,482,201 0 1,482,201 FY 2009 Discretionary Outlays ...... 1,247,872 0 1,247,872 FY 2010 Discretionary Budget Authority ...... 1,218,252 1,399 1,219,651 FY 2010 Discretionary Outlays ...... 1,376,050 145 1,376,195

HEALTH CARE REFORM how we should respond as we move for- frustrated with what she has seen. She Mr. BROWN. Mr. President, I rise ward on the health issue. has paid so much for insurance, gotten again this evening, as I have many This letter comes from Ann from so few benefits, and she sees Anthem’s days in the last couple of months, to Montgomery County. She writes: CEO taking down $10 million a year. share with my colleagues letters from Our insurance premiums have nearly tri- What we see repeatedly in the insur- people in Ohio—from Bucyrus, Lima, pled in the last 6 years, going from $500 per ance industry, the average CEO salary Springfield, and Zanesville—people month to $1,500 per month. At the same for the biggest 11 insurance companies who are sharing their stories with us. time, none of our benefits have increased. is $11 million a year. Insurance com- Since we bought our policy, we have paid the pany profits have gone up more than As I have been in the Senate now for insurance company $68,000 for the insurance. 3 years, it occurs to me that perhaps Anthem’s total spending for my family’s 400 percent in the last 7 years. more often than not, we talk about pol- claims since we bought the insurance: The way they make this money is icy up here, but we simply do not pay $4,064.24. Anthem’s profit from my family: this kind of business model where they enough attention to individual prob- $64,000. Anthem’s CEO’s total compensation hire a huge bureaucracy, a bunch of bu- lems and individual people. That is last year alone: $10 million. reaucrats to keep people from buying why a lot of people think their elected Ann from Montgomery County, Day- insurance if they are sick. They dis- officials are out of touch with them. ton, Huber Heights, Centerville, Oak- criminate based on gender. They dis- These letters really do share with us wood—that area of the State, south- criminate based on age. They discrimi- where we are, what we ought to do, and west Ohio. Obviously, Ann is angry and nate based on disability. In some cases,

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.036 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11192 CONGRESSIONAL RECORD — SENATE November 5, 2009 they use the excuse of preexisting con- esting. I hear opponents of the public Why does it make sense that people dition to keep people from buying poli- option, a lot of conservatives say gov- who are sick or maybe are going to get cies, including, believe it or not, ernment cannot do anything right, sick cannot get insurance? Why does it women who have been victims of do- they mess everything up, and then they make sense that they would have to mestic violence. Some insurance com- say that if we have a public option, pay so much, they simply cannot qual- panies consider that a preexisting con- they will be so efficient that they will ify or literally cannot get it no matter dition. If their husband hit them once, run private insurance out of business. how much they pay? they might hit them again, and that So which is it—the government cannot One of the important things about would be a cost to the insurance com- do anything right or the government is our bill is that it will outlaw—there pany. They cannot get insurance. so efficient, it is going to run private will be no more exclusions for pre- Sometimes a woman who has had a C- insurance out of business? existing conditions. Nobody will be section is a preexisting condition. She The point is, insurance executives’ prohibited from getting insurance be- cannot get insurance because if a average salary is $11 million. Insurance cause of a preexisting condition, in- woman has had a C-section, she might companies’ profits are up 400 percent in cluding women who have been victims get pregnant again and need another the last 7 or 8 years. Insurance compa- of domestic violence, women who have one. That is too expensive. They don’t nies don’t want the public option be- had C-sections, men who have had give her insurance. That is how An- cause you know what will happen— colon cancer, whatever, No. 1. them and these other companies make their profits won’t be quite as high. No. 2, nobody will be denied care be- these kinds of profits, because they They won’t go up 400 percent. Salaries cause of discrimination, because of hire bureaucrats to keep you from buy- won’t be as high because they have their disability, because of their age or ing insurance if you have a preexisting competition from the public option. their gender or their geography. condition. They know they will be in a situation No. 3, nobody will have their insur- On the other end, they hire more bu- where life is not going to be quite as ance policy rescinded. That is what the reaucrats to reject your claims when good for insurance companies and in- insurance companies say when they you have been sick. Oftentimes the in- surance executives. That is why they take away your insurance. Nobody will surance company records show that don’t like the public option. That is have their policy rescinded because about 30 percent of all claims are re- why they fight the public option. And they got sick and it was a very expen- jected initially. Sometimes they are we know that is why the public option sive illness they had and the insurance appealed and then they pay these will work. It will mean more choice for companies want to cut them off. claims. But then you as the patient or consumers. In addition to these changes in the you the family of a sick husband, wife, In southwest Ohio, two companies law that we are going to do with insur- child have to spend your time on the have 85 percent of the insurance poli- ance reform, the public option will phone fighting with the insurance com- cies. A public option will provide com- make sure these rules are enforced, pany while at the same time you are petition, will stabilize prices, which that people simply can’t game the sys- trying to nurse your husband, wife, means prices will come down and qual- tem. The insurance companies will not child, or mother. What kind of system ity will be better. If you have two com- be able to game the system the way is that, that we allow these insurance panies controlling 85 percent of the they have. companies to do that. business in Cincinnati, Batavia, Leb- It makes so much sense to pass this What I found in these letters, in the anon, Hamilton, Littleton, Fairfield, or bill. It is going to mean people who last 3 months I have been doing this on any of those counties, you have two have insurance and are happy with it the Senate floor, is a couple of things. companies controlling 85 percent of the will be able to keep their insurance and One is, consistently people were pretty business, you know the quality is lower have consumer protections. Small busi- happy with their insurance, if you and prices are too high. nesses will get help with tax incentives asked them a year or two earlier, but Let me conclude—Senator CASEY is and other things to insure their em- then they got sick and they found out here. He more than any single Senator ployees. And it will mean those with- their insurance wasn’t what they has spoken out strongly and fought out insurance can get insurance and thought it was. That frustration and successfully to make sure this health have the option of going to Medical anger builds from that. care bill works for our Nation’s chil- Mutual, CIGNA, BlueCross, Aetna, Another thing I found is that people WellPoint, or the public option and in their late fifties and sixties have dren, from when we passed the SCHIP have that choice. lost their insurance, they have lost back months ago to the health care bill Mr. President, I yield the floor. their jobs, their insurance is canceled on which my colleague from Pennsyl- The PRESIDING OFFICER (Mr. BEN- or their employers cannot afford it be- vania has done remarkable work. Let me read one more letter and turn to NET). The Senator from Pennsylvania. cause they are a small business, they Mr. CASEY. Mr. President, I rise to- don’t have insurance, they are 58, 62 him. Cheryl from Cuyahoga County in night to speak about the health insur- years old, and they just hope they can ance reform bill that will eventually hang on until they are Medicare eligi- northern Ohio, the Cleveland area, come before the Congress. We have a ble or until they can get a stable public writes: process underway in the Senate that is plan, such as a public option, such as My daughter is paying costly health care still playing out. We don’t have a bill, Medicare. out of her own pocket to treat her depres- sion. Despite getting a new job, she was told I will share two more letters. but I think we are cognizant of the fact her condition is preexisting and would not be that we need to talk about the chal- John from Richland County—that is covered. my home county. I grew up in Mans- lenge we face with regard to health After struggling for a year to find a good care, as well as talk about some good field. There is Shelby, Lexington, But- job, she doesn’t need this preexisting condi- ler—north central Ohio. tion to shadow her. ideas to confront this challenge. Health care reform will not be achieved un- I, too, have a preexisting condition of I commend my colleague from Ohio, less a public option is in place to compete breast cancer. Please stop insurance compa- Senator BROWN, who has led the fight with insurance carriers. I recently retired nies from denying insurance due to pre- on making sure the public option is a after 45 years as a family physician. If gov- existing conditions. priority. From day one, he not only has ernment-run medicine is so bad, why should This letter again shows this insur- led this fight, but also from day one, insurance companies object to the competi- ance reform—our health care bill way back in the summer when we were tion? Cost and treatment is already con- makes so much sense. I am hearing actually working on language in the trolled by the insurance providers whose only motive is profit. from hundreds and hundreds of them Health, Education, Labor,and Pensions Allowing the insurance industry to dictate from Gallipolis, Pomeroy, along the Committee, he and others sat down to terms of cost and treatment has not worked Ohio River to Lake Erie, Lake County, actually rewrite that section. We are and will not work. Please fight for a public to the Indiana border, Troy, Preble grateful for his leadership and for his option. County—all over—that too many peo- ability to relate to us what a public op- John, a physician of 45 years, abso- ple are denied coverage because of a tion means to real people—not the con- lutely gets it. He says something inter- preexisting condition. cept, not only the policy of it, but what

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.079 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11193 it means to real people and real fami- work for children. Unfortunately, be- also, we have had Medicare for our lies. I commend him for that great cause they are not simply small adults, older citizens. But the problem is that work. we have to have different strategies for age category in the middle, that vast One of the areas I have tried to spend children that differ from the way we middle age group of 19 to 64. We as much time as possible on is the approach the challenge in providing haven’t had a strategy recently, or question of what happens with regard health care for adults. over many decades, and that is one of to our children. Will children at the The second bullet: Children have dif- the many reasons we are talking about end of this process be better off or ferent health care needs than do health insurance reform for everyone worse off, especially in the context of adults. I think that is a basic funda- but especially for those who are in that children who happen to be vulnerable mental principle; that children have to age category. because of income? We are concerned be approached in a different way. The With regard to children, we have to about poor children and children with treatment is different, the prevention make sure what we know works stays special needs in particular. strategies are different, and sometimes in place. We have plenty of data to I believe one of the principles—or the outcome of a health care treatment show that children with health care maybe the better word is a goal—that or strategy is different. coverage do better than children with- we must meet at the end of the road, It is also critical that all children, out health care coverage. That is irref- when we have a bill that gets through particularly those who are most dis- utable. It is absolutely indisputable both Houses of Congress and goes to advantaged, get the highest quality now. I don’t think anyone would dis- the President, when a bill gets to the care throughout childhood. And that is pute that as a matter of public policy. President of the United States, Presi- the foundation of that resolution. Children with insurance are more like- dent Obama, for his signature—and I When it comes to health care reform ly to have access to preventive care. believe we will get there; it is going to generally, but in particular with regard A major part of our reform effort— take some time and we are going to be to our children, we have to get this and the major part of the HELP bill we continuing to work very hard in the right. We can’t just say: Well, we tried, passed this summer—is all about pre- next couple of weeks to get that done. and we tinkered with some details or vention. Children in public programs But when that bill gets to President some programs, and we did our best. are 11⁄2 times more likely to obtain Obama, I believe we have to make sure When it comes to health care for chil- well-child care than uninsured chil- in this process over these many months dren, not only for that child or his or dren. What does that mean? Well, it is of work—and for some people, many her family or the community they live simple. The experts tell us children en- years—we have to make sure that bill in—and we tend to forget this—but also rolled in the CHIP program—or SCHIP, ensures that no child, especially those our long-term economic strength is as we sometimes call it—in their first who are vulnerable, is worse off. I be- predicated in large measure, in my year of life have six well-child visits to lieve we can get there. I believe we judgment, on how we care for our chil- the doctor. That is fundamentally im- must get there. I believe we have an dren, and especially the kind of health portant. It can alter in a positive sense obligation, especially when it comes to care our children will receive. So we that child’s destiny. Their future can vulnerable children, poor children, and have to get this right for our kids, for be determined in the first couple of those with special needs. their families, and for our economy weeks and months, and certainly the To set forth a foundation for that, I long term. first year of life. It is good for that submitted a resolution several months Fortunately, we have made great child in the first year of life to go to ago, resolution 170. I won’t read it or strides over the last 15 years. Really the doctor at least six times for a well- review it tonight, but it was a resolu- even less, maybe the last 12 years we child visit, as they do in the CHIP pro- tion that focused on that basic goal of have made great strides on children’s gram. It is important that we have pre- making sure no child was worse off. I health insurance. President Clinton vention strategies in place for that was joined in that resolution by Sen- signed a law passed by Congress in 1997 child in the very early months of that ator DODD, then-chairman of our creating a nationwide Children’s child’s life, but certainly in the first health care reform hearings, this sum- Health Insurance Program—the so- year. mer. Senator ROCKEFELLER also was a called CHIP program. In that case, we cosponsor of this resolution, someone had something that had its origin in Here is another chilling statistic. Un- who has led on not just health care the States. insured children are 10 times more issues in the Finance Committee but My home State of Pennsylvania likely to have an unmet health care also in a very particular way he stood started one of the largest, if not the need than insured children—not double or triple but 10 times more likely to up for children, as has Senator DODD— largest, children’s health insurance ef- both Senators in their many years in forts in the Nation, and that was built have an unmet health care need. the Senate. upon by way of Federal legislation so We hear some people in this debate We just heard from Senator BROWN. that we now have had a program in ex- say: Well, that is about someone else. He was a cosponsor of this joint resolu- istence since about 1997 nationally That is about some other family, some- tion for children, as well as Senator where millions of children have health one else’s child. That is not our prob- SANDERS from the State of Vermont care because we made them a priority. lem. and Senator WHITEHOUSE from Rhode In Pennsylvania, for example, we Well, it actually is your problem. Island. Those five Senators joined with have had, fortunately, a diminution, a Even if you have no compassion, even me in this resolution which I believe is decreasing number of children who are if someone out there says: Well, that is the foundation for what we have to do uninsured, to the point where last not my problem; that is someone else’s with regard to children. year, when there was a survey done for problem. The chart on my left is a summation the State of Pennsylvania, the unin- It is your problem because for every of some of the things we just talked sured rate for children was 5 percent. child who has no insurance, and as a about. First of all, this first point with That is still too high, but it is lower result has no well-child visits to the regard to our children, children are not than it used to be. We want to bring doctor or does not get to the dentist or small adults. It seems like a simple that, obviously, to zero, but we have a does not get preventive care, there is, statement. It seems very much self-evi- 5-percent rate of uninsured children in in some way, an adverse impact on our dent, but, unfortunately, we forget Pennsylvania and 12 percent uninsured economy. Think about it long term. If that. I think we forget it once we be- for people between the ages of 19 and you are running a company, who do come adults. But even in the context of 64. you think will be a stronger employee health care reform, we cannot just say For children and for citizens over the for you or a more productive employee, this is a health care strategy or pro- age of 64—65 and up—we have had someone who got good health care in gram or manner of delivering care or a strategies for both those age groups; the dawn of their life—as Hubert Hum- treatment option or a way to cover children more recently, with regard to phrey used to say—or someone who more Americans with regard to health children’s health insurance, as well as didn’t get that kind of health care or care, so if it applies to an adult it will Medicaid for low-income children, and nutrition or early learning?

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.080 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11194 CONGRESSIONAL RECORD — SENATE November 5, 2009 All these things we talk about have ing improvements, strengthening a That is the nightmare that too many ramifications for our long-term econ- program like CHIP, or we are not. I families are living through. There are omy because of our workforce. To have think it is vitally important that we those who say: Well, let’s just think a high-skilled workforce, you have to continue to make progress as it relates about it for another 6 months. Some have access to health care. So that to children’s health insurance. are saying: Let’s not pass a bill. Let’s number of 10 times more likely to have So this is fundamental to this discus- slow it down. It’s too complicated. We an unmet health care need for the un- sion about health care reform, and can’t do this. insured child versus the child with in- sometimes a study or a chart or a pub- For those who are saying that, I surance is chilling. It is one of those lic policy report doesn’t tell us nearly would ask them if they have ever had numbers that alone should compel us, enough. Sometimes the life of a person to face that decision—the question of should motivate us to pass this bill. says it best. what kind of care their child would get. Insured children are better equipped Senator BROWN has been highlighting Had they ever faced the dilemma of to do well in school. Uninsured chil- letters that he has received from peo- how much your family can eat in a par- dren, with poorly controlled chronic ple in the State of Ohio, and people in ticular week or can you pay for a doc- diseases, such as asthma, can suffer Pennsylvania have written to me or tor’s visit? sent an e-mail or appeared in my office poor academic performance if their Denise Lewis, one of her children had and relayed their own stories. In this health care condition causes them to frequent ear infections as a baby, and case, when it comes to real families miss many days of school. We know more than once she would call the pedi- and real children, it is especially im- that. This is not news, but, unfortu- atrician and ask if she could get a pre- nately, we have allowed conditions to portant to highlight them. I just have one example to share to- scription without coming to the office persist in our system where a child so she wouldn’t have to pay for the of- doesn’t get the kind of care they need, night. I received a letter from a Penn- sylvania resident named Denise Lewis. fice visit. and that allows their asthma or other Why have we tolerated this, year condition to be made worse. Insurance Denise has four children who are now older, but when she contacted us, she after year and decade after decade, of improves children’s access to the medi- was recalling what she went through people telling stories such as this? The cations and treatments they need to with her four children in terms of Congress of the United States, year control chronic diseases, allowing health care. All through their child- after year, has said we will get to that them to miss fewer days of school. We hood, Denise and her husband struggled later; it is too complicated. Why should know that is the case. with being either uninsured or under- any parent, mother or father, single The chart on my left gives a brief insured. What health insurance they parent—why should any parent have to overview of a Johns Hopkins Univer- have had has always been employer- make those choices or say to a pedia- sity study published in the New York based but often was limited and only trician can I get a prescription without Times on October 30, just a few days covered hospitalizations. Her family coming to the office because I can’t af- ago, which states that hospitalized couldn’t afford the premiums on more ford the office visit? children without insurance are more expensive coverage, and much of this, We are the greatest country in the likely to die. So this isn’t just about a unfortunately, was before the Chil- world. We have all the benefits of the child getting a slower start in life be- dren’s Health Insurance Program was wonders of technology and great doc- cause they didn’t have health care or a in effect. Her family never qualified for tors and dedicated and skilled nurses, child not having a B average in school any other kind of assistance. great hospitals and hospital systems, because they didn’t get health care or She said she would work a second job all this brainpower and talent and abil- missing days from school. All of that is part time as a waitress so they could ity—ability to cure disease. Yet on the terrible for that child and for that fam- afford food and to pay off medical bills. other side of our system we tell people ily, but this is a lot worse than that. Today, even though her youngest is 19 you have to pay more for a doctor visit This is literally about the life and years old—her youngest child of the for your child. Why did we allow this to death of a child, according to this four is 19 years old today—she is still happen? Year after year, we have just study and others as well. sending monthly checks to her pedia- allowed the problem to persist. Mr. President, I ask unanimous con- trician to pay for all the care her chil- Our system has said to women, you sent to have printed in the RECORD an dren received. should engage in some preventive article dated October 30, 2009, in the Imagine that, all these years later, strategy. With regard to breast cancer, New York Times with the headline: because of the system we have. Good- you should get a mammogram. Then ‘‘Hospitalized Children Without Insur- ness knows there are great parts to our we say you have to pay for all or most ance Are More Likely to Die, a Study system that we should celebrate and be of it. Why do we do that? Why should Finds.’’ proud of, but there are a lot of parts of we allow that to continue? The PRESIDING OFFICER. Without our health care system which simply objection, it is so ordered. I want to move to two more charts. I don’t work for too many Americans know I am over my time a little bit. (See Exhibit 1.) and is hurting families, hurting busi- Mr. CASEY. This is what the article Let me go to the next chart. I really nesses, and killing our ability to grow says: believe, when we describe some of these our economy long term, and this is one Researchers at Johns Hopkins Children’s challenges, we are talking about, real- example. ly, a national tragedy, that the chil- Center analyzed data from more than 23 mil- Why should Denise Lewis or anyone lion children’s hospitalizations in 37 states dren in our country should be reduced from 1988 to 2005. have to worry like this, have to choose to having the emergency room as their between food and getting medical care This wasn’t a quick survey, Mr. primary care physician or their doc- or paying for a hospital visit? Why President. This was a detailed study of tor’s office. should anyone have to pay off medical millions of records over that long a When we were growing up, we knew bills years and years later for children time period. Continuing the quote: what it was like to go to the doctor, who are already grown? but for too many children the emer- Compared with insured children, uninsured At times, Denise said the medical children faced a 60 percent increased risk of gency room is the doctor’s office. That care her children needed would actu- dying, the researchers found. is not good for the child because that ally determine what food the family usually means they are further down So this research showed a 60-percent ate that week. They managed to make the road for a condition or problem; increased risk of dying. That is what ends meet but never had any money for they are sicker and have more com- we are talking about. This isn’t theo- extras of any kind. retical. This isn’t some public policy Listen to this in terms of what plications. It is also bad for how we pay argument we have pulled down from a Denise said, and these are her words: for health care. public policy report. This is about life Wondering whether you should go to the We also know the emergency room and death for children. We are either doctor is completely different from won- care by uninsured Americans with no going to stay on the course we have dering whether your kids should go to the place to go but an emergency room is been on with regard to children, mak- doctor. one of the biggest drivers of the out-of-

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.081 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11195 control costs we often see in our sys- they learned that a new health insur- Uninsured children who wind up in the hos- tem. That is why we need health care ance exchange ‘‘may be more costly for pital are much more likely to die than chil- reform now. families and provide fewer benefits for dren covered by either private or govern- We now cover about 7 million chil- children.’’ We have to make sure when ment insurance plans, according to one of dren in CHIP. Thankfully, fortunately, the first studies to assess the impact of in- we get to the point of having a final surance coverage on hospitalized children. we reauthorized it in 2009. It kind of bill worked out that we keep that in Researchers at Johns Hopkins Children’s went by people pretty quickly, but that mind. Center analyzed data from more than 23 mil- was a major achievement. That bill We know for now that we have a lion children’s hospitalizations in 37 states went through and the President, Presi- stand-alone program. Thank goodness from 1988 to 2005. Compared with insured dent Obama, signed it into law. By vir- that change was made. We know it children, uninsured children faced a 60 per- tue of that one signature and the work works. But we have to do everything cent increased risk of dying, the researchers that led up to that, those 7 million who we can to strengthen the Children’s found. Health Insurance Program, because in The authors estimated that at least 1,000 are covered now by CHIP will double by hospitalized children died each year simply 2013 to 14 million children who will be the coming years there will be rec- because they lacked insurance, accounting covered by that program. ommendations to change it. There will for 16,787 of some 38,649 children’s deaths na- But even with that reauthorization, be others who will make suggestions tionwide during the period analyzed. there are still things that will chal- about how the Children’s Health Insur- ‘‘If you take two kids from the same demo- lenge us with regard to the Children’s ance Program fits into our health care graphic background—the same race, same Health Insurance Program. One of system, and we have to be very careful gender, same neighborhood income level and them is a failure that could take place about how we do that. same number of co-morbidities or other ill- nesses—the kid without insurance is 60 per- over time where we do not strengthen But for now I want to emphasize two points and I will conclude. A commit- cent more likely to die in the hospital than the Children’s Health Insurance Pro- the kid in the bed right next to him or her gram. ment to that basic goal that no child who is insured,’’ said David C. Chang, co-di- I meant to highlight this chart as at the end of this is worse off, espe- rector of the pediatric surgery outcomes well: ‘‘Uninsured low-income children cially vulnerable children who happen group at the children’s center and an author are four times as likely to rely on an to be poor or have one or more special of the study, which appeared today in The emergency department or have no reg- needs—we have to make sure that hap- Journal of Public Health. ular source of care.’’ That is the point pens. We also have to reaffirm what I Although the research was not set up to identify why uninsured children were more I wanted to make about emergency think is self-evident and irrefutable. The Children’s Health Insurance Pro- likely to die, it found that they were more room visits. likely to gain access to care through the Finally, let me move to the fourth gram works. We have to keep it as a emergency room, suggesting they might chart. Not only is this program, the stand-alone program, and we have to have more advanced disease by the time they Children’s Health Insurance Program, continue to strengthen it because there were hospitalized. a major success across the country, but are some changes we can make to In addition, uninsured children were in the it has reduced the rate of uninsured strengthen it. hospital, on average, for less than a day children by more than one-third. As we I look forward to working with our when they died, compared with a full day for colleagues in the Senate to meet those insured children. Children without insurance can see by this chart on my left, insur- incurred lower hospital charges—$8,058 on ing children is something people across goals. I know the Presiding Officer has a concern about this as well. He has average, compared with $20,951 for insured America strongly support. Prior to the children. amendments and the markup process been a great leader on health care in In children who survived hospitalization, in the Finance Committee this fall, his first year in the Senate. I thank the length of stay and charges did not vary there was a proposal to move the Chil- him for his work. with insurance status. I will conclude with this. In the dren’s Health Insurance Program into The paper’s lead author, Dr. Fizan Scriptures it tells us ‘‘A faithful friend Abdullah, assistant professor of surgery at the health insurance exchange as part is a sturdy shelter.’’ We have heard Johns Hopkins, dismissed the possibility of the Finance Committee bill. Many that line from Scripture. We have that providers gave less care or denied proce- members of that committee, and others heard it other places as well. We think dures to the uninsured. ‘‘The children who like me and others, didn’t think that of a friendship as a kind of shelter were uninsured literally died before the hos- was a good idea. Senator JAY ROCKE- pital could provide them more care,’’ Dr. when things get difficult, when life FELLER was another and, fortunately, Abdullah said. gets difficult. One of the questions we Furthermore, Dr. Abdullah said, indica- he was on the Finance Committee. His have to ask ourselves in this debate is, amendment in that committee fortu- tions are that the uninsured children ‘‘are Will the Congress of the United States further along in their course of illness.’’ nately removed the Children’s Health really be a friend to children? Will we The results are all the more striking be- Insurance Program from the exchange. be that faithful friend who acts as a cause children’s deaths are so rare that they Why was that important? The data is sturdy shelter? Because children can’t could be examined only by a very large overwhelming that placing families study, said Dr. Peter J. Pronovost, a pro- do it on their own; we have to help that are covered by the Children’s fessor of surgery at Johns Hopkins and an them. I believe by getting this right we author of the new study. Health Insurance Program into that can be that faithful friend and we can newly created insurance exchange ‘‘The striking thing is that children don’t be that sturdy shelter for our children. often die,’’ Dr. Pronovost said. ‘‘This study would, in fact, increase their costs and Let it be said of us many years from provides further evidence that the need to decrease their benefits. There was a de- now, when people reflect upon how this insure everyone is a moral issue, not just an bate about it, but I think the Finance debate took place and what we passed, economic one.’’ Committee did the right thing. By in terms of health care reform—let it An estimated seven million children are keeping the Children’s Health Insur- be said of us, when our work is done, uninsured in the United States, despite re- ance Program as a stand-alone pro- that we, all of us as Members of the cent efforts to extend coverage under the federal Children’s Health Insurance Pro- gram that we know works—all the data Senate and Members of the Congress shows it. It is not an experiment. It is gram. overall, that we created at this time, Advocates for children said they were sad- not a new program. We have had more at this place, a sturdy shelter for our dened by the findings but not surprised. than a decade of evidence that shows children and that we can say that with ‘‘We know from studies of adults that lack that it works. We have to keep that in confidence and with integrity. of insurance contributes to worse outcomes, the final bill. We have to keep that as [From the New York Times, Oct. 30, 2009] and this study provides evidence that there are similar consequences for children,’’ said a stand-alone program, and we have EXHIBIT 1. some work to do to make sure that Alison Buist, director of child health at the HOSPITALIZED CHILDREN WITHOUT INSURANCE Children’s Defense Fund, a nonprofit advo- happens. ARE MORE LIKELY TO DIE, A STUDY FINDS When you see the numbers here, an cacy organization. ‘‘If you wait until a child (By Roni Caryn Rabin) gets care at a hospital, you have missed an overwhelming three to one majority, 62 Nicole Bengiveno/The New York Times Re- opportunity to get them the types of screen- percent to 21 percent of Americans, searchers analyzed data from more than 23 ing and preventive services that prevent would oppose the elimination of the million children’s hospitalizations from 1988 them from getting to that level of severity Children’s Health Insurance Program if to 2005. to begin with.’’

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.083 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11196 CONGRESSIONAL RECORD — SENATE November 5, 2009 The most common reasons for children motions be in order; that any state- The PRESIDING OFFICER. Without being hospitalized were complications from ments relating to the nominations be objection, it is so ordered. birth, pneumonia and asthma. The study printed in the RECORD; that the Presi- f found that the reasons did not differ depend- dent be immediately notified of the ing on insurance status. GLOBAL CHILD SURVIVAL ACT OF Senate’s action, and that the Senate Earlier studies have found that uninsured 2009 children are more likely than insured chil- resume legislative session. dren to have unmet medical needs, like un- The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I rise be- treated asthma or diabetes, and are more objection, it is so ordered. fore you today to speak about a popu- likely to go for two years without seeing a The nominations considered and lation that is all too often forgotten in doctor. agreed to are as follows: the poorest corners of our world; Following a recent expansion, 14 million women and children. A woman’s preg- DEPARTMENT OF STATE children will be covered by the CHIP pro- nancy should be a joyous time in her gram by 2013, according to the Congressional Arturo A. Valenzuela, of the District of Co- life. Sadly, in many developing coun- Budget Office. Advocates for children are lumbia, to be an Assistant Secretary of State (Western Hemisphere Affairs). tries countless women suffer from preg- concerned that efforts to overhaul the health nancy-related injuries, infections, dis- care system may actually reverse the NATIONAL FOUNDATION ON THE ARTS AND THE progress made toward covering more chil- HUMANITIES eases, and disabilities often with life- long consequences. Too often their dren if CHIP is phased out and many families Rolena Klahn Adorno, of Connecticut, to remain unable to afford health insurance. be a Member of the National Council on the children die or struggle from a lack of ‘‘You can’t just dump 14 million vulnerable Humanities for a term expiring January 26, basic childhood medical care. children into a new system without evidence 2014. Over the years I have traveled to that the benefits and the affordability provi- Marvin Krislov, of Ohio, to be a Member of some of the poorest corners of the sions are better than they are now,’’ Dr. the National Council on the Humanities for world, from Congo to Haiti. I have seen Buist said. ‘‘That’s not health reform.’’ a term expiring January 26, 2014. those who struggle to find food and Mr. CASEY. I suggest the absence of DEPARTMENT OF JUSTICE water, battle AIDS, TB and malaria, a quorum. Laurie O. Robinson, of the District of Co- and fight every day to eke out a living The PRESIDING OFFICER. The lumbia, to be an Assistant Attorney General. against great odds. clerk will call the roll. Benjamin B. Wagner, of California, to be Yet one of the most fundamental The bill clerk proceeded to call the United States Attorney for the Eastern Dis- struggles I have witnessed is that of a roll. trict of California for the term of four years. mother and child surviving pregnancy Mr. CASEY. Mr. President, I ask FEDERAL MOTOR CARRIER SAFETY and childbirth. It is heartbreaking to unanimous consent the order for the ADMINISTRATION hear stories of women who have been in quorum call be rescinded. Anne S. Ferro, of Maryland, to be Adminis- labor for days before being able to The PRESIDING OFFICER. Without trator of the Federal Motor Carrier Safety reach a hospital, of those who die giv- objection, it is so ordered. Administration. ing birth because of a lack of basic DEPARTMENT OF TRANSPORTATION medical facilities, of the thousands of f Cynthia L. Quarterman, of Georgia, to be children who could be saved with low UNANIMOUS CONSENT AGREE- Administrator of the Pipeline and Hazardous cost vitamin A supplements, or of the MENT—EXECUTIVE CALENDAR Materials Safety Administration, Depart- thousands of children left as orphans. ment of Transportation. Mr. CASEY. Mr. President, as in ex- What could be a more fundamental ecutive session, I ask unanimous con- NATIONAL AERONAUTICS AND SPACE need in our world than making sure ADMINISTRATION sent that at 4:30 p.m. on Monday, No- women and children survive childbirth? Reducing child mortality and im- vember 9, the Senate proceed to execu- Elizabeth M. Robinson, of Virginia, to be Chief Financial Officer, National Aero- proving maternal health make up two tive session to consider Calendar No. nautics and Space Administration. of the eight United Nations Millennium 185, the nomination of Andre M. Davis DEPARTMENT OF COMMERCE Development Goals. While progress has to be a U.S. Circuit Judge for the been made in many countries, an effort Fourth Circuit; that there be 60 min- Patrick Gallagher, of Maryland, to be Di- rector of the National Institute of Standards to reduce under-five mortality by two- utes of debate with respect to the and Technology. thirds and improve maternal mortality nominations, with the time equally di- MERIT SYSTEMS PROTECTION BOARD to achieve MDG targets has made the vided and controlled between Senators Susan Tsui Grundmann, of Virginia, to be least progress than any of the other LEAHY and SESSIONS or their designees; Chairman of the Merit Systems Protection MDG’s. that at 5:30 p.m. the Senate proceed to Board. That is why Senators DODD, CORKER vote on confirmation of the nomina- Susan Tsui Grundmann, of Virginia, to be and I introduced the Global Child Sur- tion; that upon confirmation, the mo- a Member of the Merit Systems Protection vival Act of 2009. tion to reconsider be made and laid on Board for the term of seven years expiring This legislation is about strength- the table, the President be imme- March 1, 2016. ening the U.S. Government’s role in diately notified of the Senate’s action, Anne Marie Wagner, of Virginia, to be a Member of the Merit Systems Protection saving the lives of children and moth- and the Senate then resume legislative ers in poor countries. The act would re- session. Board for the term of seven years expiring March 1, 2014. quire the U.S. Government to develop a The PRESIDING OFFICER. Without strategy for supporting the improve- objection, it is so ordered. DEPARTMENT OF JUSTICE Carmen Milagros Ortiz, of Massachusetts, ment of newborns, children, and moth- Mr. CASEY. For the information of ers. the Senate, if Members wish to speak to be United States Attorney for the District of Massachusetts for the term of four years. Across the developing world, mothers with respect to this nomination on Fri- Edward J. Tarver, of Georgia, to be United are dying giving birth from complica- day, they are encouraged to do so. States Attorney for the Southern District of tions such as hemorrhaging, sepsis, hy- f Georgia for the term of four years. pertensive disorders, and obstructed f labor. Each year, more than half a mil- EXECUTIVE SESSION lion women die from causes related to LEGISLATIVE SESSION pregnancy and childbirth. The PRESIDING OFFICER. The Sen- The sad reality is that most of these EXECUTIVE CALENDAR ate resumes legislative session. complications have easy and prevent- Mr. CASEY. Mr. President, I ask f able solutions. In fact, if women had unanimous consent the Senate proceed access to basic maternal health serv- to executive session to consider en bloc MORNING BUSINESS ices, an estimated 80 percent of mater- Calendar Nos. 314, 495, 496, 502, 503, 515, Mr. CASEY. Mr. President, I ask nal deaths could be prevented. 516, 517, 518, 523, 524, 525, 528, and 529; unanimous consent that the Senate Key interventions, such as adequate that the nominations be confirmed; proceed to a period of morning busi- nutrition, antenatal care, skilled at- that the motions to reconsider be laid ness, with Senators permitted to speak tendance at birth and access to emer- on the table en bloc; that no further for up to 10 minutes each. gency obstetric care when necessary,

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.033 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11197 are already improving the health out- Worker, Homeownership, and Business dence). However, in the case of a sale to an comes for mothers and infants around Act of 2009 as voted on yesterday, No- unrelated person, the amount recaptured the world. vember 4, 2009, provide relief for unem- may not exceed the amount of gain from the But we can do more. We must do sale of the residence. For this purpose, gain ployed workers, homeowners and busi- is determined by reducing the basis of the more. nesses. Senate Finance Committee residence by the amount of the credit to the Accordingly, the Global Child Sur- Chairman BAUCUS has asked the non- extent not previously recaptured. No amount vival Act would create an interagency partisan Joint Committee on Taxation is recaptured after the death of an indi- task force on child and maternal to make available to the public a tech- vidual. In the case of an involuntary conver- health. Through building local capac- nical explanation of the bill, JCX–44–09. sion of the home, recapture is not acceler- ity and self-sufficiency, partnering The technical explanation expresses ated if a new principal residence is acquired with nongovernmental organizations the committee’s understanding and within a two-year period. In the case of a and participation by local communities transfer of the residence to a spouse or to a legislative intent behind this impor- former spouse incident to divorce, the trans- we can better coordinate activities di- tant legislation. It is available on the feree spouse (and not the transferor spouse) rected at achieving maternal and child Joint Committee’s Web site at will be responsible for any future recapture. health goals. www.house.gov/jct. Recapture does not apply to a home pur- The act builds on existing interven- Mr. President, I ask unanimous con- chased after December 31, 2008 that is treated tions that support counseling for new sent to have the technical explanation (at the election of the taxpayer) as pur- mothers. Research has shown that printed in the RECORD. chased on December 31, 2008. most of the 4 million newborn babies There being no objection, the mate- For homes purchased after December 31, 2008, and before December 1, 2009, the credit that die every year could be saved by rial was ordered to be printed in the is recaptured only if the taxpayer disposes of training parents in simple care prac- RECORD, as follows: the home (or the home otherwise ceases to tices and by training health workers to TECHNICAL EXPLANATION OF CERTAIN REV- be the principal residence of the taxpayer) help newborns with complications. ENUE PROVISIONS OF THE WORKER, HOME- within 36 months from the date of purchase. Factors such as malnutrition, unsafe OWNERSHIP, AND BUSINESS ASSISTANCE ACT EXPLANATION OF PROVISION drinking water, and inadequate access OF 2009 Extension of application period to vaccines contribute greatly to glob- INTRODUCTION In general, the credit is extended to apply al child mortality. Three quarters of This document, prepared by the staff of the to a principal residence purchased by the newborn deaths take place in the first Joint Committee on Taxation, provides a taxpayer before May 1, 2010. The credit ap- 7 days of life; most of these deaths are technical explanation of certain revenue pro- plies to the purchase of a principal residence also preventable. Effective low-cost visions of The Worker, Homeownership, and before July 1, 2010 by any taxpayer who en- Business Assistance Act of 2009. tools—such as vaccines and anti- ters into a written binding contract before May 1, 2010, to close on the purchase of a biotics—could save the lives of 6 mil- A. EXTENSION AND MODIFICATION OF FIRST- TIME HOMEBUYER CREDIT (SECS. 11 AND 12 principal residence before July 1, 2010. lion of these children. OF THE BILL AND SEC. 36 OF THE CODE) The waiver of recapture, except in the case The reproductive risks young girls in of disposition of the home (or the home oth- PRESENT LAW developing countries face are linked to erwise ceases to be the principal residence of lower levels of schooling and to under- In general the taxpayer) within 36 months from the lying factors of poverty, poor nutri- An individual who is a first-time home- date of purchase, is extended to any purchase buyer is allowed a refundable tax credit tion, and reduced access to health care. of a principal residence after December 31, equal to the lesser of $8,000 ($4,000 for a mar- 2008. That is why the Global Child Survival ried individual filing separately) or 10 per- The election to treat a purchase as occur- Act also supports activities to promote cent of the purchase price of a principal resi- ring in a prior year is modified. In the case scholarships for secondary education. dence. The credit is allowed for qualifying of a purchase of a principal residence after Educating girls and young women is home purchases on or after April 9, 2008, and December 31, 2008, a taxpayer may elect to one of the most powerful ways of before December 1, 2009. treat the purchase as made on December 31 breaking the poverty trap and creating The credit phases out for individual tax- of the calendar year preceding the purchase a supportive environment for maternal payers with modified adjusted gross income for purposes of claiming the credit on the between $75,000 and $95,000 ($150,000 and prior year’s tax return. and newborn health. $170,000 for joint filers) for the year of pur- No District of Columbia first-time home- I am pleased that many partners in chase. buyer credit is allowed to any taxpayer with this fight are showing an interest in An individual is considered a first-time respect to the purchase of a residence after moving forward in this fight. In May, homebuyer if the individual had no owner- December 31, 2008, if the national first-time President Obama announced a Global ship interest in a principal residence in the homebuyer credit is allowable to such tax- Health Initiative proposing $63 billion United States during the 3-year period prior payer (or the taxpayer’s spouse) with respect over 6 years, specifically emphasizing to the purchase of the home. to such purchase. maternal and child health as a piece of An election is provided to treat a residence Long-time residents of the same principal resi- purchased after December 31, 2008, and before the initiative. dence December 1, 2009, as purchased on December An individual (and, if married, the individ- President Obama also called atten- 31, 2008, so that the credit may be claimed on tion to maternal and child mortality ual’s spouse) who has maintained the same the 2008 income tax return. principal residence for any five-consecutive during his recent travel to Africa. No District of Columbia first-time home- year period during the eight-year period end- After visiting a USAID funded hospital buyer credit is allowed to any taxpayer with ing on the date of the purchase of a subse- in Accra, Ghana the President stated, respect to the purchase of a residence after quent principal residence is treated as a ‘‘Part of the reason this is so impor- December 31, 2008, and before December 1, first-time homebuyer. The maximum allow- tant is that throughout Africa, the rate 2009, if the national first-time homebuyer able credit for such taxpayers is $6,500 ($3,250 credit is allowable to such taxpayer (or the for a married individual filing separately). of both infant mortality but also ma- taxpayer’s spouse) with respect to such pur- ternal mortality is still far too high.’’ chase. Limitations The bill raises the income limitations to I urge my colleagues to join me in Recapture supporting the Global Child Survival qualify for the credit. The credit phases out For homes purchased on or before Decem- for individual taxpayers with modified ad- Act to help show our commitment to ber 31, 2008, the credit is recaptured ratably improving the lives of women and chil- justed gross income between $125,000 and over fifteen years with no interest charge be- $145,000 ($225,000 and $245,000 for joint filers) dren around the world. It is an impor- ginning in the second taxable year after the for the year of purchase. tant step, along with such basics as taxable year in which the home is purchased. No credit is allowed for the purchase of clean water and sanitation, food secu- For example, if an individual purchases a any residence if the purchase price exceeds rity, and education, in improving the home in 2008, recapture commences with the $800,000. lives of the world’s poor. 2010 tax return. If the individual sells the No credit is allowed unless the taxpayer is home (or the home ceases to be used as the 18 years of age as of the date of purchase. A f principal residence of the individual or the taxpayer who is married is treated as meet- UNEMPLOYMENT COMPENSATION individual’s spouse) prior to complete recap- ing the age requirement if the taxpayer or EXTENSION ACT ture of the credit, the amount of any credit the taxpayer’s spouse meets the age require- not previously recaptured is due on the tax ment. Mr. BAUCUS. Mr. President, the pro- return for the year in which the home is sold The definition of purchase excludes prop- vision of S.A. 2712 to H.R. 3548, The (or ceases to be used as the principal resi- erty acquired from a person related to the

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No credit is allowed unless the taxpayer pand the definition of mathematical or cler- crease the present-law carryback period for attaches to the relevant tax return a prop- ical error for purposes of administration of an applicable NOL from two years to any erly executed copy of the settlement state- the credit by the Internal Revenue Service whole number of years elected by the tax- ment used to complete the purchase. (‘‘IRS’’). The IRS may assess additional tax payer which is more than two and less than without issuance of a notice of deficiency as six. An applicable NOL is the taxpayer’s NOL Waiver of recapture for individuals on qualified otherwise required in the case of: an omis- for a taxable year beginning or ending in ei- official extended duty sion of any increase in tax required by the ther 2008 or 2009. Generally, a taxpayer may In the case of a disposition of principal res- recapture provisions of the credit; informa- elect an extended carryback period for only idence by an individual (or a cessation of use tion from the person issuing the taxpayer one taxable year. of the residence that otherwise would cause identification number of the taxpayer that The amount of an NOL that may be carried recapture) after December 31, 2008, in connec- indicates that the taxpayer does not meet back to the fifth taxable year preceding the tion with government orders received by the the age requirement of the credit; informa- loss year is limited to 50 percent of taxable individual (or the individual’s spouse) for tion provided to the Secretary by the tax- income for such taxable year (computed qualified official extended duty service, no payer on an income tax return for at least without regard to the NOL for the loss year recapture applies by reason of the disposi- one of the two preceding taxable years that or any taxable year thereafter). The limita- tion of the residence, and any 15-year recap- is inconsistent with eligibility for such cred- tion does not apply to the applicable 2008 ture with respect to a home acquired before it; or, failure to attach to the return a prop- NOL of an eligible small business with re- January 1, 2009, ceases to apply in the tax- erly executed copy of the settlement state- spect to which an election is made (either able year the disposition occurs. ment used to complete the purchase. before or after the date of enactment of the Qualified official extended duty service EFFECTIVE DATE bill) under the provision as presently in ef- means service on official extended duty as a fect. The amount of the NOL otherwise car- The extension of the first-time homebuyer member of the uniformed services, a member ried to taxable years subsequent to such fifth credit and coordination with the first-time of the Foreign Service of the United States, taxable year is to be adjusted to take into homebuyer credit for the District of Colum- or an employee of the intelligence commu- account that the NOL could offset only 50 bia apply to residences purchased after No- nity. percent of the taxable income in such year. vember 30, 2009. Qualified official extended duty is any pe- Thus, in determining the excess of the appli- Provisions relating to long-time residents riod of extended duty while serving at a cable NOL over the sum of the taxpayer’s of the same principal residence, and income, place of duty at least 50 miles away from the taxable income for each of the prior taxable purchase price, age, related party, depend- taxpayer’s principal residence or under or- years to which the loss may be carried, only ent, and documentation limitations apply for ders compelling residence in government fur- 50 percent of the taxable income for the tax- purchases after the date of enactment. nished quarters. Extended duty is defined as able year for which the limitation applies is The waiver of recapture provision applies any period of duty pursuant to a call or order to be taken into account. to dispositions and cessations after Decem- to such duty for a period in excess of 90 days The provision also suspends the 90-percent ber 31, 2008. or for an indefinite period. limitation on the use of any alternative tax The expansion of mathematical and cler- The uniformed services include: (1) the NOL deduction attributable to carrybacks of ical error authority applies to returns for Armed Forces (the Army, Navy, Air Force, the applicable NOL for which an extended taxable years ending on or after April 9, 2008. Marine Corps, and Coast Guard); (2) the com- carryback period is elected. missioned corps of the National Oceanic and B. FIVE-YEAR CARRYBACK OF OPERATING For life insurance companies, the provision Atmospheric Administration; and (3) the LOSSES (SEC. 13 OF THE BILL AND SEC. 172 OF provides an election to increase the present- commissioned corps of the Public Health THE CODE) law carryback period for an applicable loss Service. PRESENT LAW from operations from three years to four or The term ‘‘member of the Foreign Service In general five years. An applicable loss from oper- of the United States’’ includes: (1) chiefs of ations is the taxpayer’s loss from operations Under present law, a net operating loss mission; (2) ambassadors at large; (3) mem- for any taxable year beginning or ending in (‘‘NOL’’) generally means the amount by bers of the Senior Foreign Service; (4) For- either 2008 or 2009. A 50-percent of taxable in- which a taxpayer’s business deductions ex- eign Service officers; and (5) Foreign Service come limitation applies to the fifth taxable ceed its gross income. In general, an NOL personnel. year preceding the loss year. may be carried back two years and carried The term ‘‘employee of the intelligence A taxpayer must make the election by the over 20 years to offset taxable income in community’’ means an employee of the Of- extended due date for filing the return for such years. NOLs offset taxable income in fice of the Director of National Intelligence, the taxpayer’s last taxable year beginning in the order of the taxable years to which the the Central Intelligence Agency, the Na- 2009, and in such manner as may be pre- NOL may be carried. tional Security Agency, the Defense Intel- scribed by the Secretary. An election, once For purposes of computing the alternative ligence Agency, the National Geospatial-In- made, is irrevocable. minimum tax (‘‘AMT’’), a taxpayer’s NOL telligence Agency, or the National Recon- An eligible small business that timely deduction cannot reduce the taxpayer’s al- naissance Office. The term also includes em- made (or timely makes) an election under ternative minimum taxable income ployment with: (1) any other office within the provision as in effect on the day before (‘‘AMTI’’) by more than 90 percent of the the Department of Defense for the collection the enactment of the bill to carryback its AMTI. of specialized national intelligence through applicable 2008 NOL may also elect to In the case of a life insurance company, reconnaissance programs; (2) any of the in- carryback a 2009 NOL under the amended present law allows a deduction for the oper- telligence elements of the Army, the Navy, provision. It is intended that an eligible ations loss carryovers and carrybacks to the the Air Force, the Marine Corps, the Federal small business may continue to make the taxable year, in lieu of the deduction for net Bureau of Investigation, the Department of present-law election under procedures pre- operation losses allowed to other corpora- the Treasury, the Department of Energy, and scribed in Rev. Proc. 2009–26 following the tions. A life insurance company is permitted the Coast Guard; (3) the Bureau of Intel- enactment of the bill. to treat a loss from operations (as defined ligence and Research of the Department of The provision generally does not apply to: under section 810(c)) for any taxable year as State; and (4) the elements of the Depart- (1) any taxpayer if (a) the Federal govern- an operations loss carryback to each of the ment of Homeland Security concerned with ment acquired or acquires at any time, an three taxable years preceding the loss year the analyses of foreign intelligence informa- equity interest in the taxpayer pursuant to and an operations loss carryover to each of tion. the Emergency Economic Stabilization Act the 15 taxable years following the loss year. Extension of the first-time homebuyer credit for of 2008, or (b) the Federal government ac- individuals on qualified official extended Temporary rule for small business quired or acquires, at any time, any warrant duty outside of the United States Present law provides an eligible small (or other right) to acquire any equity inter- In the case of any individual (and, if mar- business with an election to increase the est with respect to the taxpayer pursuant to ried, the individual’s spouse) who serves on present-law carryback period for an ‘‘appli- such Act; (2) the Federal National Mortgage qualified official extended duty service out- cable 2008 NOL’’ from two years to any whole Association and the Federal Home Loan side of the United States for at least 90 days number of years elected by the taxpayer that Mortgage Corporation; and (3) any taxpayer during the period beginning after December is more than two and less than six. An eligi- that in 2008 or 2009 is a member of the same 31, 2008, and ending before May 1, 2010, the ble small business is a taxpayer meeting a affiliated group (as defined in section 1504 expiration date of the first-time homebuyer $15,000,000 gross receipts test. An applicable without regard to subsection (b) thereof) as a credit is extended for one year, through May 2008 NOL is the taxpayer’s NOL for any tax- taxpayer to which the provision does not 1, 2011 (July 1, 2011, in the case of an indi- able year ending in 2008, or if elected by the otherwise apply. An equity interest (or right vidual who enters into a written binding con- taxpayer, the NOL for any taxable year be- to acquire an equity interest) is disregarded tract before May 1, 2011, to close on the pur- ginning in 2008. However, any election under for this purpose if acquired by the Federal

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.044 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11199 government after the date of enactment allows the Secretary to provide compensa- the affiliated group. Thus, while debt gen- from a financial institution pursuant to a tion for losses from home sales by such indi- erally is considered fungible among the as- program established by the Secretary for the viduals to ensure the realization of at least sets of a group of domestic affiliated cor- stated purpose of increasing the availability 90 percent (in some cases, 95 percent) of the porations, the same rules do not apply as be- of credit to small businesses using funding pre-mortgage-crisis assessed value of such tween the domestic and foreign members of a made available under the Emergency Eco- property. group with the same degree of common con- nomic Stabilization Act of 2008. Tax treatment trol as the domestic affiliated group. EFFECTIVE DATE Present law generally excludes from gross Banks, savings institutions, and other finan- The provision is generally effective for net income amounts received under the HAP (as cial affiliates operating losses arising in taxable years end- in effect on November 11, 2003). Amounts re- The affiliated group for interest allocation ing after December 31, 2007. The modification ceived under the program also are not con- purposes generally excludes what are re- to the alternative tax NOL deduction applies sidered wages for FICA tax purposes (includ- ferred to in the Treasury regulations as ‘‘fi- to taxable years ending after December 31, ing Medicare). The excludable amount is lim- nancial corporations.’’ A financial corpora- 2002. The modification with respect to oper- ited to the reduction in the fair market tion includes any corporation, otherwise a ating loss deductions of life insurance com- value of property. member of the affiliated group for consolida- panies applies to losses from operations aris- EXPLANATION OF PROVISION tion purposes, that is a financial institution ing in taxable years ending after December The bill expands the exclusion to HAP pay- (described in section 581 or section 591), the 31, 2007. ments authorized under the American Recov- business of which is predominantly with per- Under transition rules, a taxpayer may re- ery and Reinvestment Tax Act of 2009. sons other than related persons or their cus- voke any election to waive the carryback pe- tomers, and which is required by State or riod under either section 172(b)(3) or section EFFECTIVE DATE Federal law to be operated separately from 810(b)(3) with respect to an applicable NOL or The provision is effective for payments any other entity that is not a financial insti- an applicable loss from operations for a tax- made after February 17, 2009 (the date of en- tution. The category of financial corpora- able year ending before the date of enact- actment of the American Recovery and Rein- tions also includes, to the extent provided in ment by the extended due date for filing the vestment Tax Act of 2009). regulations, bank holding companies (includ- tax return for the taxpayer’s last taxable D. DELAY IN APPLICATION OF WORLDWIDE AL- ing financial holding companies), subsidi- year beginning in 2009. Similarly, any appli- LOCATION OF INTEREST (SEC. 15 OF THE BILL aries of banks and bank holding companies cation for a tentative carryback adjustment AND SEC. 864 OF THE CODE) (including financial holding companies), and under section 6411(a) with respect to such PRESENT LAW savings institutions predominantly engaged loss is treated as timely filed if filed by the in the active conduct of a banking, financ- In general extended due date for filing the tax return ing, or similar business. for the taxpayer’s last taxable year begin- To compute the foreign tax credit limita- A financial corporation is not treated as a ning in 2009. tion, a taxpayer must determine the amount member of the regular affiliated group for C. EXCLUSION FROM GROSS INCOME OF QUALI- of its taxable income from foreign sources. purposes of applying the one-taxpayer rule FIED MILITARY BASE REALIGNMENT AND Thus, the taxpayer must allocate and appor- to other non-financial members of that CLOSURE FRINGE (SEC. 14 OF THE BILL AND tion deductions between items of U.S.-source group. Instead, all such financial corpora- SEC. 132 OF THE CODE) gross income, on the one hand, and items of tions that would be so affiliated are treated foreign-source gross income, on the other. PRESENT LAW as a separate single corporation for interest In the case of interest expense, the rules allocation purposes. Homeowners Assistance Program payment generally are based on the approach that Worldwide interest allocation The Department of Defense Homeowners money is fungible and that interest expense Assistance Program (‘‘HAP’’) provides pay- is properly attributable to all business ac- In general ments to certain employees and members of tivities and property of a taxpayer, regard- The American Jobs Creation Act of 2004 the Armed Forces to offset the adverse ef- less of any specific purpose for incurring an (‘‘AJCA’’) modified the interest expense allo- fects on housing values that result from a obligation on which interest is paid. For in- cation rules described above (which gen- military base realignment or closure. terest allocation purposes, all members of an erally apply for purposes of computing the In general, under the HAP, eligible individ- affiliated group of corporations generally are foreign tax credit limitation) by providing a uals receive either: (1) a cash payment as treated as a single corporation (the so-called one-time election (the ‘‘worldwide affiliated compensation for losses that may be or have ‘‘one-taxpayer rule’’) and allocation must be group election’’) under which the taxable in- been sustained in a private sale, in an made on the basis of assets rather than gross come of the domestic members of an affili- amount not to exceed the difference between income. The term ‘‘affiliated group’’ in this ated group from sources outside the United (a) 95 percent of the fair market value of context generally is defined by reference to States generally is determined by allocating their property prior to public announcement the rules for determining whether corpora- and apportioning interest expense of the do- of intention to close all or part of the mili- tions are eligible to file consolidated re- mestic members of a worldwide affiliated tary base or installation and (b) the fair turns. group on a worldwide-group basis (i.e., as if market value of such property at the time of For consolidation purposes, the term ‘‘af- all members of the worldwide group were a the sale; or (2) as the purchase price for their filiated group’’ means one or more chains of single corporation). If a group makes this property, an amount not to exceed 90 percent includible corporations connected through election, the taxable income of the domestic of the prior fair market value as determined stock ownership with a common parent cor- members of a worldwide affiliated group by the Secretary of Defense, or the amount poration that is an includible corporation, from sources outside the United States is de- of the outstanding mortgages. but only if: (1) the common parent owns di- termined by allocating and apportioning the The American Recovery and Reinvestment rectly stock possessing at least 80 percent of third-party interest expense of those domes- Act of 2009 expands the HAP in various ways. the total voting power and at least 80 per- tic members to foreign-source income in an It amends the Demonstration Cities and cent of the total value of at least one other amount equal to the excess (if any) of (1) the Metropolitan Development Act of 1966 to includible corporation; and (2) stock meeting worldwide affiliated group’s worldwide third- allow, under the HAP under such Act, the the same voting power and value standards party interest expense multiplied by the Secretary of Defense to provide assistance or with respect to each includible corporation ratio that the foreign assets of the worldwide reimbursement for certain losses in the sale (excluding the common parent) is directly affiliated group bears to the total assets of of family dwellings by members of the owned by one or more other includible cor- the worldwide affiliated group, over (2) the Armed Forces living on or near a military porations. third-party interest expense incurred by for- installation in situations where: (1) there Generally, the term ‘‘includible corpora- eign members of the group to the extent was a base closure or realignment; (2) the tion’’ means any domestic corporation ex- such interest would be allocated to foreign property was purchased before July 1, 2006, cept certain corporations exempt from tax sources if the principles of worldwide inter- and sold between that date and September under section 501 (for example, corporations est allocation were applied separately to the 30, 2012; (3) the property is the owner’s pri- organized and operated exclusively for chari- foreign members of the group. mary residence; and (4) the owner has not table or educational purposes), certain life For purposes of the new elective rules previously received benefits under the HAP. insurance companies, corporations electing based on worldwide fungibility, the world- Further, it authorizes similar HAP assist- application of the possession tax credit, reg- wide affiliated group means all corporations ance or reimbursement with respect to: (1) ulated investment companies, real estate in- in an affiliated group as well as all con- wounded members and wounded civilian De- vestment trusts, and domestic international trolled foreign corporations that, in the ag- partment of Defense and Coast Guard em- sales corporations. A foreign corporation gregate, either directly or indirectly, would ployees (and their spouses); and (2) members generally is not an includible corporation. be members of such an affiliated group if sec- permanently reassigned from an area at or Subject to exceptions, the consolidated re- tion 1504(b)(3) did not apply (i.e., in which at near a military installation to a new duty turn and interest allocation definitions of af- least 80 percent of the vote and value of the station more than 50 miles away (with simi- filiation generally are consistent with each stock of such corporations is owned by one lar purchase and sale date, residence, and no- other. For example, both definitions gen- or more other corporations included in the previous-benefit requirements as above). It erally exclude all foreign corporations from affiliated group). Thus, if an affiliated group

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.045 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11200 CONGRESSIONAL RECORD — SENATE November 5, 2009 makes this election, the taxable income the amount of its taxable income from for- nership return and the failure to file an S from sources outside the United States of do- eign sources as calculated using the world- corporation return. Each of these penalties mestic group members generally is deter- wide interest allocation rules over (ii) the is currently $89 times the number of share- mined by allocating and apportioning inter- amount of its taxable income from foreign holders or partners for each month (or frac- est expense of the domestic members of the sources as calculated using the present-law tion of a month) that the failure continues, worldwide affiliated group as if all of the in- interest allocation rules. For that year, the up to a maximum of 12 months for returns terest expense and assets of 80-percent or amount of the taxpayer’s taxable income required to be filed after December 31, 2008. greater owned domestic corporations (i.e., from domestic sources is increased by a cor- EXPLANATION OF PROVISION corporations that are part of the affiliated responding amount. Any foreign tax credits Under the provision, the base amount on group, as modified to include insurance com- disallowed by virtue of this reduction in for- which a penalty is computed for a failure panies) and certain controlled foreign cor- eign-source taxable income may be carried with respect to filing either a partnership or porations were attributable to a single cor- back or forward under the normal rules for S corporation return is increased to $195 per poration. carrybacks and carryforwards of excess for- partner or shareholder. Financial institution group election eign tax credits. EFFECTIVE DATE Taxpayers are allowed to apply the bank EXPLANATION OF PROVISION The provision applies to returns for tax- group rules to exclude certain financial in- The provision delays the effective date of able years beginning after December 31, 2009. stitutions from the affiliated group for inter- worldwide interest allocation rules for seven F. EXPANSION OF ELECTRONIC FILING BY RE- est allocation purposes under the worldwide years, until taxable years beginning after TURN PREPARERS (SEC. 17 OF THE BILL AND fungibility approach. The rules also provide December 31, 2017. The required dates for SEC. 6011(E) OF THE CODE) a one-time ‘‘financial institution group’’ making the worldwide affiliated group elec- PRESENT LAW election that expands the bank group. At the tion and the financial institution group elec- The IRS Restructuring and Reform Act of election of the common parent of the pre- tion are changed accordingly. 1998 (‘‘RRA 1998’’) states a Congressional pol- election worldwide affiliated group, the in- The provision also eliminates the special icy to promote the paperless filing of Federal terest expense allocation rules are applied phase-in rule that applies in the case of the tax returns. Section 2001(a) of RRA 1998 sets first taxable year to which the worldwide in- separately to a subgroup of the worldwide af- a goal for the IRS to have at least 80 percent terest allocation rules apply. filiated group that consists of (1) all corpora- of all Federal tax and information returns tions that are part of the bank group, and (2) EFFECTIVE DATE filed electronically by 2007. Section 2001(b) of all ‘‘financial corporations.’’ For this pur- The provision is effective for taxable years RRA 1998 requires the IRS to establish a 10- pose, a corporation is a financial corporation beginning after December 31, 2010. year strategic plan to eliminate barriers to if at least 80 percent of its gross income is fi- E. MODIFICATION OF PENALTY FOR FAILURE TO electronic filing. nancial services income (as described in sec- FILE PARTNERSHIP OR S CORPORATION RE- Present law authorizes the IRS to issue tion 904(d)(2)(C)(i) and the regulations there- TURNS (SEC. 16 OF THE BILL AND SECS. 6698 regulations specifying which returns must be under) that is derived from transactions with AND 6699 OF THE CODE) filed electronically. There are several limita- unrelated persons. For these purposes, items tions on this authority. First, it can only PRESENT LAW of income or gain from a transaction or se- apply to persons required to file at least 250 ries of transactions are disregarded if a prin- Both partnerships and S corporations are returns during the calendar year. Second, cipal purpose for the transaction or trans- generally treated as pass-through entities the Secretary is prohibited from requiring actions is to qualify any corporation as a fi- that do not incur an income tax at the entity that income tax returns of individuals, es- nancial corporation. level. Income earned by a partnership, tates, and trusts be submitted in any format In addition, anti-abuse rules are provided whether distributed or not, is taxed to the other than paper, although these returns under which certain transfers from one mem- partners. Distributions from the partnership may be filed electronically by choice. ber of a financial institution group to a generally are tax-free. The items of income, Regulations require corporations and tax- member of the worldwide affiliated group gain, loss, deduction or credit of a partner- exempt organizations that have assets of $10 outside of the financial institution group are ship generally are taken into account by a million or more and file at least 250 returns treated as reducing the amount of indebted- partner as allocated under the terms of the during a calendar year, including income ness of the separate financial institution partnership agreement. If the agreement tax, information, excise tax, and employ- group. Regulatory authority is provided with does not provide for an allocation, or the ment tax returns, to file electronically their respect to the election to provide for the di- agreed allocation does not have substantial Form 1120/1120S income tax returns and rect allocation of interest expense in cir- economic effect, then the items are to be al- Form 990 information returns for tax years cumstances in which such allocation is ap- located in accordance with the partners’ in- ending on or after December 31, 2006. Private propriate to carry out the purposes of these terests in the partnership. To prevent double foundations and charitable trusts that file at rules, to prevent assets or interest expense taxation of these items, a partner’s basis in least 250 returns during a calendar year are from being taken into account more than its interest is increased by its share of part- required to file electronically their Form once, or to address changes in members of nership income (including tax-exempt in- 990–PF information returns for tax years any group (through acquisitions or other- come), and is decreased by its share of any ending on or after December 31, 2006, regard- wise) treated as affiliated under these rules. losses (including nondeductible losses). An S less of their asset size. Taxpayers can re- Effective date of worldwide interest allocation corporation generally is not subject to cor- quest waivers of the electronic filing require- porate-level income tax on its items of in- ment if they cannot meet that requirement The common parent of the domestic affili- come and loss. Instead, the S corporation due to technological constraints, or if com- ated group must make the worldwide affili- passes through its items of income and loss pliance with the requirement would result in ated group election. It must be made for the to its shareholders. The shareholders take undue financial burden on the taxpayer. first taxable year beginning after December into account separately their shares of these 31, 2010, in which a worldwide affiliated EXPLANATION OF PROVISION items on their individual income tax returns. group exists that includes at least one for- The provision generally maintains the cur- Under present law, both partnerships and S eign corporation that meets the require- rent rule that regulations may not require corporations are required to file tax returns ments for inclusion in a worldwide affiliated any person to file electronically unless the for each taxable year. The partnership’s tax group. The common parent of the pre-elec- person files at least 250 tax returns during return is required to include the names and tion worldwide affiliated group must make the calendar year. However, the proposal addresses of the individuals who would be en- the election for the first taxable year begin- provides an exception to this rule and man- titled to share in the taxable income if dis- ning after December 31, 2010, in which a dates that the Secretary require electronic tributed and the amount of the distributive worldwide affiliated group includes a finan- filing by specified tax return preparers. share of each individual. The S corporation’s cial corporation. Once either election is ‘‘Specified tax return preparers’’ are all re- tax return is required to include the fol- made, it applies to the common parent and turn preparers except those who neither pre- lowing: the names and addresses of all per- all other members of the worldwide affiliated pare nor reasonably expect to prepare ten or sons owning stock in the corporation at any group or to all members of the financial in- more individual income tax returns in a cal- time during the taxable year; the number of stitution group, as applicable, for the tax- endar year. The term ‘‘individual income tax shares of stock owned by each shareholder at able year for which the election is made and return’’ is defined to include returns for es- all times during the taxable year; the all subsequent taxable years, unless revoked tates and trusts as well as individuals. amount of money and other property distrib- with the consent of the Secretary of the EFFECTIVE DATE uted by the corporation during the taxable Treasury. The provision is effective for tax returns year to each shareholder and the date of filed after December 31, 2010. Phase-in rule such distribution; each shareholder’s pro HERA also provided a special phase-in rule rata share of each item of the corporation G. TIME FOR PAYMENT OF CORPORATE ESTI- in the case of the first taxable year to which for the taxable year; and such other informa- MATED TAXES (SEC. 18 OF THE BILL AND SEC. the worldwide interest allocation rules tion as the Secretary may require. 6655 OF THE CODE) apply. For that year, the amount of the tax- In addition to applicable criminal pen- PRESENT LAW payer’s taxable income from foreign sources alties, present law imposes assessable civil In general, corporations are required to is reduced by 70 percent of the excess of (i) penalties for both the failure to file a part- make quarterly estimated tax payments of

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.046 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11201 their income tax liability. For a corporation Bobby and his grandfather, John F. A year ago Teddy was diagnosed with brain whose taxable year is a calendar year, these Kennedy, had once served. When young cancer. A person who never made me sad, estimated tax payments must be made by Jack returned to school this fall, he and never seemed weak, was said to have April 15, June 15, September 15, and Decem- had a chance to reflect on all that had months to live. At first I was more baffled ber 15. In the case of a corporation with as- than I was upset. We were not talking about sets of at least $1 billion (determined as of happened during his summer in Wash- your average person, this was Teddy. He was the end of the preceding tax year), payments ington, but mostly he thought about not someone who came and went, he simply due in July, August, or September, 2014, are his Uncle Teddy. He wrote about it in was always there. This was the first time I increased to 100.25 percent of the payment an essay he titled ‘‘EMK.’’ saw him affected by anything, and I was so otherwise due and the next required payment Jack shared his essay with me, and I confused by his vulnerability. My view of is reduced accordingly. would like to share it with the Con- Teddy changed completely without any EXPLANATION OF PROVISION gress, because it reflects not only what interaction with him. I suddenly became The provision increases the required pay- a tower of strength Teddy was to his endlessly interested in his life. I read about ment of estimated tax otherwise due in July, him, I followed his policy and studied his family, but also the extraordinary speeches. Soon after his diagnosis my family August, or September, 2014, by 33 percentage qualities of Ted’s loving nephew, Jack points. and I went to visit Teddy in Florida. For the Schlossberg. first time, I was aware of who Teddy was EFFECTIVE DATE Mr. President, I ask unanimous con- when he was not with me. In Florida, I asked The provision is effective on the date of sent that Jack’s essay be printed in the him about his life and his politics, something the enactment of this Act. RECORD, and I recommend that it be I had never done before. He explained how he f read by all who knew Ted, all who was seven years old (in the eighth grade be- cause he was sent to school with his older SETTLEMENT STATEMENTS AND called him their friend, all who bene- fited from his extraordinary career in brother) and his classmates stole his turtle MANUFACTURED HOUSING and buried it: ‘‘I cried for hours and ran out- the U.S. Senate: Mr. NELSON of Florida. Mr. Chair- side to dig him up,’’ he said with a grin. There being no objection, the mate- ‘‘They were so mean over there at River- man, the amendment requires the tax- rial was ordered to be printed in the payer to provide a settlement state- dale.’’ Although he could not express himself RECORD as follows: the way he wanted to at all times, he still ment to the IRS as proof that a home EMK stunned me with stories about civil rights was purchased. While I support that re- (By Jack Schlossberg) and Lyndon Johnson. He also triggered the quirement, the fact is that there is no When I was little, I could only remember same emotions he always had. As he and his settlement statement in the case of a general things about him, like the way his wife, Vicki, sat down to watch ‘‘24’’ one manufactured home that is purchased voice sounded, or the feeling I got when we night, I saw Teddy as himself. I sat next to and will be either sited on land already went sailing on his boat. As I grew up I start- him as he commented on the show: ‘‘She’s al- owned by the home buyer or sited on ed to understand what Uncle Teddy was say- ways cross,’’ he said about one character. He made joke after joke about every possible land to be leased by the home buyer. In ing to me and what he meant. As Teddy be- came sick, I understood him differently. He thing he could and had everyone in the room those instances, a retail sales contract laughing. This was Teddy’s way. It was not is used to purchase the home. This con- was still at times the same person I knew and loved, but his imperfections startled me. as if every word he said was brilliant, but his tract contains all of the truth in lend- During his last few months I began to study way as a person was truly unique. He could ing disclosures, as well as all the every word he said. I idolized him in a way make a very depressing evening hilarious itemized disbursements relating to the I never had before. No longer was my Uncle just by cracking a few jokes. My final memories of Teddy are not really transaction. Mr. Chairman, is it the Teddy a summer memory or someone I heard of him, but of what I learned about him. His about from my mother; he meant something view of the Senate that the IRS should death was both upsetting and uplifting. At to me. As I watched him go through Boston accept retail sales contracts as proof of first I only thought of how I would miss him for the last time in August, I realized that I purchase in the event that a settle- and how unfair it was that he was gone. But, was not the only person who grew up with as I went through Boston with him for the ment statement is not available to the him this way, and that multiple generations taxpayer? had. Hundreds of thousands of people knew last time, I realized that many others loved Mr. BAUCUS. The Senator from Flor- Teddy as the loving man who had always him too. The drive started slowly as we went ida is correct. The purpose of the legis- been there, and who never disappointed through Hyannis and waved to the people we lation is to eliminate fraud by requir- them. passed on the street. The crowds got bigger It was my first year playing basketball and as we approached Boston, and as we passed ing documentation of the proof of pur- Teddy’s famed ‘‘Rose Fitzgerald Kennedy chase. It is the Senate’s intent that the my team had made it to the championships. I was ten years old and I had never been Greenway’’ the crowd was enormous. The IRS should accept retail sales con- more excited in my life. It was a tie game signs people held that said ‘‘We love you tracts from taxpayers as proof of pur- well into the fourth quarter when Teddy Teddy’’ struck deep in my heart. We drove chase of a manufactured home in the showed up. He came barreling into the through all of Boston as people lined the event that a settlement statement is gloomy PS 188 gym and sat down with my streets everywhere. There was no animosity, not available. mother and father on the sidelines. He did no hatred, just appreciation and love for Mrs. LINCOLN. I thank the chairman not cheer too loud or even make himself Teddy. This made me realize that I was not very much for that important clarifica- heard, he just sat there and watched me. the only person who loved him, and that the same effort he had made for me, he had made tion which will provide more certainty After my team’s victory, he got up and gave me a great big hug. Soon after, he left and for everyone. He is the only person I know for our constituents who wish to pur- went home, as did I. I did not think twice who was capable of making the type of effort chase a manufactured home. about him coming to my game. I had not he made. Whether it was my basketball game f told him about it—he probably asked my or grandparents day, Teddy showed up and mother what time and where it was, and made you laugh. A NEPHEW’S MEMORIES OF moved everything that he was doing that The drive continued as we pulled into the ‘‘TEDDY’’ day around my 11:00 am basketball game. JFK Library and saw news cameras, photog- Mr. KERRY. Mr. President, during That night I got a call from him: ‘‘The game raphers, and another gigantic crowd. It be- his long illness, the Senate missed Ted of all games,’’ he shouted into the phone. came clear to me then that in both political and personal life, he had something only few Kennedy and Ted Kennedy missed the ‘‘And you scored the winning shot. I can’t be- lieve it. I just can’t believe it,’’ he said. Of have: people trusted him. Everyone who Senate. But Ted was especially missed course, I had not actually scored the winning came out to see Teddy trusted that he was by a young Senate page with whom he shot, but all of sudden I believed I had. going to take care of them, because he al- had a special connection—his nephew, Teddy was always there to make your story ways had. I never knew any of this to be true Jack Schlossberg, Caroline Kennedy’s a little more dramatic and entirely more until that day. Teddy was my uncle, so natu- son. fun. After he told a story about something rally I figured only those who really knew Jack worked as a page over the sum- you both had done, you started telling the him would feel like I did. But Teddy’s charm mer months, and I got to know him. story exactly as he had. At the time, I never was universal, although he brought it up a When he wasn’t busy with his page du- understood how much effort he put into our notch in Massachusetts. The final way in relationship. Not only was he the senior Sen- which I remember Teddy, is as someone who ties in the cloakroom and on the Sen- ator from Massachusetts, but also he was always was truly who they appear to be. It ate floor, we talked about the lessons also quite busy, unlike many Senators. It would have been possible for his trust to he had learned from his uncle. was not as if he called me every day, every apply only to his family and friends, and for Ted was thrilled that Jack was walk- week, or even every month, but without fail, it to have been somewhat artificial, the way ing the same corridors where his Uncle when you needed Teddy, he was there. most people behave. However, Teddy acted

VerDate Nov 24 2008 04:57 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.047 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11202 CONGRESSIONAL RECORD — SENATE November 5, 2009 toward everyone the way he did with me, and clean water, food, or fuel, a world that watermen rely on are disappearing this is the highest praise any public figure is less diverse, less beautiful, less se- along with their way of life. And it is can attain. cure. only going to get worse. Maryland’s sea Teddy’s relationship with me during his I am glad that the majority members levels are projected to rise 3.5 feet. life was spectacular. Not once did he dis- appoint me, and he provided continuous sup- of the Environment and Public Works That means thousands of Marylanders port and much-needed laughs. Teddy’s legacy Committee convened today in order to are going to lose their homes and lies in many places. It lies in his legislative act. And we needed to act on this bill farms. This bill provides critical assist- and political accomplishments. It lies in today because this is a global problem ance to States, especially coastal changes in the lives of his friends and con- and we want all countries to act. In States such as Maryland, to help ad- stituents. It lies in his family bonds, and his just a few weeks, the international dress these challenges and protect our love for the sea. However, it also lies in the community will meet in Copenhagen to treasured resources such as the Chesa- way he left us. Teddy’s illness at first work on an international agreement to peake Bay. seemed unfair and depressing. This is not the do just that. The vote that we took today in the case at all. Teddy was able to teach everyone Environment and Public Works Com- who watched him how to fight and how to I am hopeful that Copenhagen will succeed. Many people do not realize that he produce an agreement on the architec- mittee is just the beginning of putting outlived everyone’s initial predictions, and ture of a final climate regime in which America back in control of its energy lived seven times as long as anyone thought countries make a commitment to re- future. And we must remember that possible. This was not because his doctors duce greenhouse gas emissions. I hope even after Copenhagen, any deals we were wrong about the severity of his cancer, we have an agreement that spells out reach, any papers we sign, are still but but because this prediction did not consider the mechanism for reaching and en- the foundation. The work must con- that they were dealing with Teddy. Not once forcing those targets as well as out- tinue with earnest followthrough, dedi- did he stop fighting. In fact, he took the lining the financing for the developing cation to truly changing the way we most aggressive and strenuous approach to work and live and move around this fighting his cancer, and always remained world. hopeful. Teddy’s death taught me that no In my role as chairman of the Com- Earth. That is work for each of us, and cause is lost, and that every day is worth liv- mission for Security and Cooperation we took one important step forward ing. in Europe and as a member of the For- today. f eign Relations Committee, I speak f often to our colleagues in Europe and CLEAN ENERGY JOBS AND CLEAN ENERGY PARTNERSHIPS around the world. And what other AMERICAN POWER ACT ACT countries want to know before they Mr. CARDIN. Mr. President, I was take additional steps—or take first Ms. STABENOW. Mr. President, yes- proud to cast my vote today in the En- steps—on climate change is: Where is terday I introduced S. 2729, the Clean vironment and Public Works Com- the United States? They are impressed Energy Partnerships Act. I am proud to mittee for S. 1733, the Clean Energy with the action the Obama administra- have as cosponsors for this bill Senator Jobs and American Power Act. At this tion has taken. They are happy to see MAX BAUCUS, Senator AMY KLOBUCHAR, critical juncture in our Nation’s his- that the House has acted. Senator SHERROD BROWN, Senator TOM tory, we face an economic crisis, an en- But for the countries of the world to HARKIN, Senator MARK BEGICH, and ergy security crisis, and a global cli- commit to reduce greenhouse gasses in Senator JEANNE SHAHEEN, who has mate crisis. The good news is that the Copenhagen in just a few weeks, they been working with me on the carbon solutions to these problems are inter- want to see that both Houses of Con- conservation program after she intro- twined with one another. This bill will gress are serious. They want to know duced S. 1576, the Forest Carbon Incen- help us meet these challenges and that the Senate is making progress to- tives Program Act. As we work toward creating a clean emerge stronger than we are today. We ward producing comprehensive climate energy economy in America, we need a have an urgent responsibility to move legislation. The vote today in the Envi- forward and I want to thank the chair- strategy that protects our environment ronment and Public Works Committee while protecting and creating jobs and man of our committee, Senator BAR- demonstrates that progress. revitalizing our economy. BARA BOXER, for her leadership and But this bill is good for this country The bill I introduced yesterday is an courage in taking action on this bill and good for Maryland even if we don’t important part of that strategy. By today. get an international agreement. Mary- creating partnerships among manufac- If we do not act on this bill which in- landers understand the opportunities turing, utilities, agriculture, and for- vests in clean, domestic energy, we will this bill promises. With this bill, we estry, we can reduce costs now to help be stuck with an energy policy that is can invest in clean energy jobs: like transition to a clean energy economy undermining our national security and those at Algenol in Baltimore where tomorrow. our economy. they are national leaders in making As we work to develop new tech- If we do not act on this bill which in- fuel from algae; like those at Volvo- nologies to reduce emissions in the fu- vests in the industries of tomorrow, we Mack Truck in Hagerstown where they ture, we also need to find cost-effective will continue to lose clean energy jobs, are making hybrid trucks; like those at ways to limit emissions in the short- jobs that stem from American inven- Chesapeake Geosystems, a Maryland term that do not cost us jobs. This bill tions and ideas, to countries overseas. company that is an east coast leader in is about creating a lower cost strategy If we do not act on this bill which geothermal heating; and like those at to help us reach our emission reduction provides significant investment in DAP that makes spackling that is used goals while protecting and strength- clean fuels and public transit, we will in weatherizing homes and businesses. ening our economy. lose an opportunity to change the way With this bill, we can invest in the We can counteract, or offset, our cur- we move people and goods around this transportation improvements Mary- rent carbon emissions by investing in country. Right now, the transportation landers so desperately need. Transit practices like sustainable agriculture sector represents 30 percent of our ridership in Maryland increased by 15 and forestry projects that capture and greenhouse gas emissions and 70 per- percent in 2008. But recent train and store carbon. A ton of carbon is a ton cent of our oil use. If we could double bus accidents in the DC Metro area of carbon. That is what this offset bill the number of transit riders in the demonstrate that we need new invest- is all about. United States, we would reduce our de- ment in transit. Our transit systems For example, we can change farming pendence on foreign oil by more than 40 will not be a safe and reliable solution practices through more efficient appli- percent, nearly the amount of we im- to our pollution and energy security cation of fertilizer, the use of cover port from Saudi Arabia each year. problems without it. crops, or by utilizing tillage practices, If we do not act on this bill, we face Marylanders also know the costs of called ‘‘no till farming.’’ No-till farm- irreversible, catastrophic climate inaction. The people of Smith Island ing reduces carbon emissions by leav- change. Our children and grand- are watching their island disappear ing old plant matter buried under- children—my two grandchildren—face under rising sea levels. The crabs, fish, ground. In contrast, conventional till- a world where there is not enough and other aquatic life Maryland’s ing moves old plant matter from last

VerDate Nov 24 2008 03:18 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.016 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11203 year’s crop from under the soil to the could be worth up to $24 billion annu- the Govans Ecumenical Development top of the soil, where it decomposes ally to our economy. If the right clean Corporation, GEDCO, and he has be- and releases carbon into the atmos- energy policies are put in place, we come one of Baltimore’s most dynamic phere. have the opportunity to make this and expansive nonprofit developers of Improved forestry practices are an- work for manufacturing and agri- senior housing and supportive services other example of effective and scientif- culture and create jobs. for those with special needs. ically-proven methods to help reduce Manufacturing in America created GEDCO projects and facilities are nu- carbon emissions. These practices must the middle class and is the backbone of merous, providing housing and services be a central component of any clean our economy. We cannot have an econ- for the mentally ill and the homeless— energy legislation. It is estimated that omy if we aren’t making things in this including men and women with HIV/ forests store up to 80 percent of above- country—so any energy bill we pass AIDS—a large community pantry, fi- ground carbon and nearly 70 percent of must protect our industries, protect nancial assistance, and job develop- the carbon stored in the soil. Reducing jobs, and protect our American middle ment and mentoring. Jack Sharp is deforestation, restoring forests, and class. most proud of the development of his better land management can all help By creating partnerships between grand vision, Stadium Place, a state- reduce atmospheric carbon levels, not manufacturers and agriculture, we can of-the-art senior residential campus on just in our country but around the link up the people who ‘‘bring home the grounds of the old Memorial Sta- world. the bacon’’ with the people who actu- dium. The campus is home to four inde- This bill also creates incentives to ally make the bacon. pendent living buildings for retirees, an develop new technologies for reducing By allowing our manufacturing in- intergenerational and interfaith com- other greenhouse gas emissions. For dustries to offset their carbon emis- munity ‘‘Y’’ and playground, and shov- example, methane is more than 20 sions with savings made by sustainable el-ready plans for an innovative Green times more potent than carbon dioxide agriculture and forestry practices, we House long-term care residential facil- and can be produced from landfills, can create a real win-win situation for ity. Reverend Sharp accomplished all of coal mines, farms, natural gas systems America’s economy. this while serving as a pastor; presi- and oil pipelines. In my home State of Michigan, we dent of the Board of Community Hous- Equipment that can reduce or elimi- know how to make things and grow ing Associates of the Baltimore Mental nate methane emissions can have a things. We know that to reach the Health Systems, Inc; president of the drastic impact on our environment. We clean energy future, we must link our Glen Meadows Retirement community; can even use technologies that not manufacturing expertise with our agri- and treasurer of the Baltimore Inter- only capture the methane but use it to cultural expertise. Supported by some faith Hospitality Network. In 2008, he generate cleaner electricity. That of the finest research universities in was honored with the Governor’s Lead- equipment can be designed and built the world, we are already making key ership in Aging Award and the Na- right here in America, building on our investments in clean energy tech- innovative and manufacturing exper- tional Football League—Ravens—Com- nology that will reinvigorate our econ- munity Quarterback Award for Com- tise to create good-paying jobs. omy, create jobs, and protect our envi- Not only will an offsets program help munity Service. ronment for the next generation. I ask my colleagues to join me in rec- store carbon, it will also result in That is what this bill is all about. We cleaner water, more wildlife habitat, ognizing and applauding Jack Sharp still have a long way to go in creating for all that he has accomplished to im- and reduced costs for business and agri- a clean energy bill that makes sense culture. That is why this legislation prove the lives of citizens in Baltimore. for our manufacturing and agricultural He made their challenges his challenge has the broad support of organizations industries. But this bill is an impor- and leaders in agriculture, forestry, and he has made Baltimore City a bet- tant step toward reaching a balanced ter place in which to live.∑ conservation, utilities and manufac- approach to energy legislation that re- f turing, including National Milk Pro- spects our environment while also re- ducers Federation; National Farmers specting the men and women who build MESSAGES FROM THE HOUSE Union; National Corn Growers Associa- things and grow things in this country. At 11:21 a.m., a message from the tion; National Cattlemen’s Beef Asso- f House of Representatives, delivered by ciation; American Farmland Trust; Na- Mrs. Cole, one of its reading clerks, an- ADDITIONAL STATEMENTS tional Alfalfa & Forage Association; nounced that the House has passed the Dow Chemical Company; Duke Energy; following bill, in which it requests the American Electric Power; PG&E Cor- concurrence of the Senate: poration; Dominion; John Deere; Busi- TRIBUTE TO THE REVEREND JOHN (JACK) SHARP H.R. 3639. An act to amend the Credit Card ness Council for Sustainable Develop- Accountability Responsibility and Disclo- ment; Coalition for Emission Reduc- ∑ Mr. CARDIN. Mr. President, I rise sure Act of 2009 to establish an earlier effec- tion Projects; Generators for Clean Air; today to pay special tribute to an out- tive date for various consumer protections, National Association of Forest Owners; standing community leader, the Rev- and for other purposes. American Forest Foundation; Bina- erend John (Jack) Sharp of Baltimore, At 2:49 p.m., a message from the tional Softwood Lumber Council; Con- MD. Reverend Sharp served as pastor House of Representatives, delivered by servation Forestry; First Environment, of the Govans Presbyterian Church for Mrs. Cole, one of its reading clerks, an- 27 years. He has distinguished himself Inc.; Forest Guild; Hardwood Federa- nounced that the House agrees to the by reaching far beyond his parish to tion; Lyme Timber Company; Maine amendment of the Senate to the bill the entire Baltimore community as a Forest Service; National Alliance of (H.R. 3548) to amend the Supplemental visionary and activist determined to Forest Owners; National Association of Appropriations Act, 2008 to provide for move people and social programs from State Foresters; National Association the temporary availability of certain inaction to accomplishment. of University Forest Resource Pro- additional emergency unemployment Reverend Sharp’s mission had always grams; National Hardwood Lumber As- compensation, and for other purposes. sociation; Society of American For- been to aid the poor and the most vul- ENROLLED BILL SIGNED nerable citizens. His boldness of pur- esters; Weyerhaeuser; The Nature Con- At 3:25 p.m., a message from the pose and tenacity, coupled with a win- servancy; Association of Fish and Wild- House of Representatives, delivered by ning and commanding personality, en- life Agencies; and Trust for Public Mrs. Cole, one of its reading clerks, an- abled him to unite diverse people to Land. nounced that the Speaker has signed The legislation I introduced yester- work for a common good. Few commu- the following enrolled bill: day creates partnerships between our nity activists can match his accom- H.R. 3548. An act to amend the Supple- agricultural and manufacturing indus- plishments. During his career, he en- mental Appropriations Act, 2008 to provide tries, protecting jobs and revitalizing couraged neighborhoods to accept and for the temporary availability of certain ad- our economy. It is estimated that embrace housing for the mentally ill ditional emergency unemployment com- strong agriculture and forestry offsets and the homeless. In 1991, he founded pensation, and for other purposes.

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.007 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11204 CONGRESSIONAL RECORD — SENATE November 5, 2009 The enrolled bill was subsequently EC–3590. A communication from the Chief Ocean Perch in the Central Aleutian Is- signed by the President pro tempore Counsel, Federal Emergency Management lands’’ (RIN0648–XS57) received in the Office (Mr. BYRD). Agency, Department of Homeland Security, of the President of the Senate on November transmitting, pursuant to law, the report of 4, 2009; to the Committee on Commerce, f a rule entitled ‘‘Changes in Flood Elevation Science, and Transportation. EXECUTIVE AND OTHER Determinations’’ ((44 CFR Part 65) (Docket EC–3599. A communication from the Acting COMMUNICATIONS ID FEMA–2008–0020; Internal Agency Docket Director of Sustainable Fisheries, National No. FEMA–B–1067)) received in the Office of Marine Fisheries Service, Department of The following communications were the President of the Senate on November 4, Commerce, transmitting, pursuant to law, laid before the Senate, together with 2009; to the Committee on Banking, Housing, the report of a rule entitled ‘‘Fisheries of the accompanying papers, reports, and doc- and Urban Affairs. Exclusive Economic Zone Off Alaska; Pacific uments, and were referred as indicated: EC–3591. A communication from the Senior Ocean Perch in the Western Aleutian Is- Advisor, Office of Foreign Assets Control, lands’’ (RIN0648–XS59) received in the Office EC–3581. A communication from the De- Department of the Treasury, transmitting, of the President of the Senate on November partment of State, transmitting, pursuant to pursuant to law, the report of a rule entitled 4, 2009; to the Committee on Commerce, law, a report relative to the transfer of de- ‘‘Economic Sanctions Enforcement Guide- Science, and Transportation. tainees (OSS Control No. 2009–1854); to the lines’’ (31 CFR Part 501) received in the Of- EC–3600. A communication from the Acting Committee on Armed Services. fice of the President of the Senate on No- Director of Sustainable Fisheries, National EC–3582. A communication from the Under vember 4, 2009; to the Committee on Bank- Marine Fisheries Service, Department of Secretary of Defense (Comptroller), trans- ing, Housing, and Urban Affairs. Commerce, transmitting, pursuant to law, mitting, pursuant to law, a report entitled EC–3592. A communication from the Assist- the report of a rule entitled ‘‘Fisheries of the ‘‘Notification to Congress on Transfer Au- ant Secretary, Office of Legislative Affairs, Exclusive Economic Zone Off Alaska; Atka thorities Used in Fiscal Year 2009’’; to the Department of State, transmitting, pursuant Mackerel in the Western Aleutian Islands’’ Committee on Armed Services. to law, a report relative to defense articles (RIN0648–XS58) received in the Office of the EC–3583. A communication from the Under and defense services that were licensed for President of the Senate on November 4, 2009; Secretary of Defense, transmitting, pursuant export under Section 38 of the Arms Export to the Committee on Commerce, Science, to law, the Uniform Resource Locator (URL) Control Act during fiscal year 2008; to the and Transportation. for a report relative to the FY2009 Agency Committee on Foreign Relations. EC–3601. A communication from the Acting Financial Report for the Department of De- EC–3593. A communication from the Direc- Assistant Administrator for Fisheries, Na- fense; to the Committee on Armed Services. tor of Congressional Affairs, Federal and tional Marine Fisheries Service, Department EC–3584. A communication from the Direc- State Materials and Environmental Manage- of Commerce, transmitting, pursuant to law, tor of Defense Procurement and Acquisition ment, Nuclear Regulatory Commission, the report of a rule entitled ‘‘Fisheries of the Policy, Department of Defense, transmit- transmitting, pursuant to law, the report of Northeastern United States; Northeast ting, pursuant to law, the report of a rule en- a rule entitled ‘‘List of Approved Spent Fuel Multispecies Fishery; Secretarial Final In- titled ‘‘Defense Federal Acquisition Regula- Storage Casks: HI–STORM 100 Revision 7’’ terim Action; Rule Extension’’ (RIN0648– tion Supplement; Senior DoD Officials Seek- (RIN3150–AI70) received in the Office of the AW87) received in the Office of the President ing Employment with Defense Contractors’’ President of the Senate on November 4, 2009; of the Senate on November 4, 2009; to the ((RIN0750–AG07) (DFARS Case 2008–D007)) re- to the Committee on Environment and Pub- Committee on Commerce, Science, and ceived in the Office of the President of the lic Works. Transportation. Senate on November 4, 2009; to the Com- EC–3594. A communication from the Assist- EC–3602. A communication from the Dep- mittee on Armed Services. ant General Counsel of the Division of Regu- uty Bureau Chief, Public Safety and Home- EC–3585. A communication from the Direc- latory Services, Office of Postsecondary Edu- land Security Bureau, Federal Communica- tor of Defense Procurement and Acquisition cation, Department of Education, transmit- tions Commission, transmitting, pursuant to Policy, Department of Defense, transmit- ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Improving ting, pursuant to law, the report of a rule en- titled ‘‘Institutional Eligibility Under the Public Safety Communications in the 800 titled ‘‘Defense Federal Acquisition Regula- Higher Education Act of 1965, as Amended, MHz Band’’ ((FCC 07–92)(WT Docket No. 02– tion Supplement; Pilot Program for Transi- and the Secretary’s Recognition of Accred- 55)) received in the Office of the President of tion to Follow—on Contracting After Use of iting Agencies’’ (RIN1840–AD00) received in the Senate on November 4, 2009; to the Com- Other Transaction Authority’’ ((RIN0750– the Office of the President of the Senate on mittee on Commerce, Science, and Transpor- AG17) (DFARS Case 2008–D030)) received in November 4, 2009; to the Committee on tation. the Office of the President of the Senate on Health, Education, Labor, and Pensions. EC–3603. A communication from the Acting November 4, 2009; to the Committee on EC–3595. A communication from the Dep- Division Chief, Wireline Competition Bu- Armed Services. uty Director of Regulations and Policy Man- reau, Federal Communications Commission, EC–3586. A communication from the Chair- agement Staff, Food and Drug Administra- transmitting, pursuant to law, the report of man and President of the Export-Import tion, Department of Health and Human Serv- a rule entitled ‘‘Petition to Establish Proce- Bank, transmitting, pursuant to law, a re- ices, transmitting, pursuant to law, the re- dural Requirements to Govern Proceedings port relative to transactions involving U.S. port of a rule entitled ‘‘Investigational New for Forbearance Under Section 10 of the exports to the Dominican Republic; to the Drug Applications; Technical Amendment’’ Communications Act of 1934, as Amended’’ Committee on Banking, Housing, and Urban (Docket No. FDA–2009–N–0464) received in the ((WC Docket No. 07–267)(FCC09–56)) received Affairs. Office of the President of the Senate on No- in the Office of the President of the Senate EC–3587. A communication from the Chair- vember 4, 2009; to the Committee on Health, on November 4, 2009; to the Committee on man and President of the Export-Import Education, Labor, and Pensions. Commerce, Science, and Transportation. Bank, transmitting, pursuant to law, a re- EC–3596. A communication from the Dep- EC–3604. A communication from the Pro- port relative to transactions involving U.S. uty Director of Regulations and Policy Man- gram Analyst, Office of Managing Director— exports to Ireland; to the Committee on agement Staff, Food and Drug Administra- Financial Operations, Federal Communica- Banking, Housing, and Urban Affairs. tion, Department of Health and Human Serv- tions Commission, transmitting, pursuant to EC–3588. A communication from the Chief ices, transmitting, pursuant to law, the re- law, the report of a rule entitled ‘‘Notice of Counsel, Federal Emergency Management port of a rule entitled ‘‘Medical Devices; Proposed Rulemaking and Order, Assessment Agency, Department of Homeland Security, Clinical Chemistry and Clinical Toxicology and Collection of Regulatory Fees for Fiscal transmitting, pursuant to law, the report of Devices; Classification of the Cardiac Year 2009’’ ((FCC 09–38; 09–65)(MD Docket a rule entitled ‘‘Suspension of Community Allograft Gene Expression Profiling Test Nos. 09–65 and 08–65)) received in the Office of Eligibility’’ ((44 CFR Part 64) (Docket ID Systems’’ (Docket No. FDA–2009–N–0472) re- the President of the Senate on November 4, FEMA–2008–0020; Internal Agency Docket No. ceived in the Office of the President of the 2009; to the Committee on Commerce, FEMA–8101)) received in the Office of the Senate on November 4, 2009; to the Com- Science, and Transportation. President of the Senate on November 4, 2009; mittee on Health, Education, Labor, and to the Committee on Banking, Housing, and Pensions. f Urban Affairs. EC–3597. A communication from the Chair- REPORTS OF COMMITTEES EC–3589. A communication from the Chief man, Merit System Protection Board, trans- Counsel, Federal Emergency Management mitting, pursuant to law, a report entitled The following reports of committees Agency, Department of Homeland Security, ‘‘Job Simulations: Trying Out for a Federal were submitted: transmitting, pursuant to law, the report of Job’’; to the Committee on Homeland Secu- By Mr. INOUYE, from the Committee on a rule entitled ‘‘Changes in Flood Elevation rity and Governmental Affairs. Appropriations: Determinations’’ ((44 CFR Part 65) (Docket EC–3598. A communication from the Acting Special Report entitled ‘‘Further Revised ID FEMA–2008–0020; Internal Agency Docket Director of Sustainable Fisheries, National Allocation to Subcommittees of Budget To- No. FEMA–B–1070)) received in the Office of Marine Fisheries Service, Department of tals from the Concurrent Resolution, Fiscal the President of the Senate on November 4, Commerce, transmitting, pursuant to law, Year 2010’’ (Rept. No. 111–97). 2009; to the Committee on Banking, Housing, the report of a rule entitled ‘‘Fisheries of the By Mr. LEAHY, from the Committee on and Urban Affairs. Exclusive Economic Zone Off Alaska; Pacific the Judiciary, with amendments:

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.048 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11205 S. 1490. A bill to prevent and mitigate iden- By Mr. BROWNBACK (for himself, Mr. SUBMISSION OF CONCURRENT AND tity theft, to ensure privacy, to provide no- INHOFE, Mr. KYL, Mr. CORNYN, Mr. SENATE RESOLUTIONS tice of security breaches, and to enhance LIEBERMAN, Mr. VITTER, and Mr. criminal penalties, law enforcement assist- BUNNING): The following concurrent resolutions ance, and other protections against security and Senate resolutions were read, and S. 2737. A bill to relocate to Jerusalem the referred (or acted upon), as indicated: breaches, fraudulent access, and misuse of United States Embassy in Israel, and for personally identifiable information. other purposes; to the Committee on Foreign By Mr. HATCH (for himself, Mr. BINGA- f Relations. MAN, Mrs. MCCASKILL, Mr. COCHRAN, By Mr. DODD (for himself and Mr. and Mr. RISCH): S. Res. 338. A resolution designating No- EXECUTIVE REPORTS OF GRASSLEY): COMMITTEES vember 14, 2009, as ‘‘National Reading Edu- S. 2738. A bill to authorize National Mall cation Assistance Dogs Day’’; to the Com- The following executive reports of Liberty Fund D.C. to establish a memorial mittee on the Judiciary. nominations were submitted: on Federal land in the District of Columbia By Mr. SPECTER (for himself, Mr. By Mr. LEAHY for the Committee on the to honor free persons and slaves who fought KAUFMAN, Mr. CORNYN, Mr. FEINGOLD, Judiciary. for independence, liberty, and justice for all Mr. DURBIN, Ms. KLOBUCHAR, Mr. Ketanji Brown Jackson, of Maryland, to be during the American Revolution; to the WHITEHOUSE, and Mr. SCHUMER): a Member of the United States Sentencing Committee on Energy and Natural Re- S. Res. 339. A resolution to express the Commission for a term expiring October 31, sources. sense of the Senate in support of permitting 2013. By Ms. CANTWELL (for herself and the televising of Supreme Court proceedings; Kenyen Ray Brown, of Alabama, to be Mrs. MURRAY): to the Committee on the Judiciary. By Mr. CRAPO (for himself and Mrs. United States Attorney for the Southern S. 2739. A bill to amend the Federal Water LINCOLN): District of Alabama for the term of four Pollution Control Act to provide for the es- years. S. Res. 340. A resolution expressing support tablishment of the Puget Sound Program Of- for designation of a National Veterans His- Stephanie M. Rose, of Iowa, to be United fice, and for other purposes; to the Com- tory Project Week to encourage public par- States Attorney for the Northern District of mittee on Environment and Public Works. ticipation in a nationwide project that col- Iowa for the term of four years. By Mrs. MURRAY (for herself, Mr. lects and preserves the stories of the men Nicholas A. Klinefeldt, of Iowa, to be FRANKEN, and Mr. BROWN): and women who served our Nation in times United States Attorney for the Southern of war and conflict; to the Committee on District of Iowa for the term of four years. S. 2740. A bill to establish a comprehensive literacy program; to the Committee on Veterans’ Affairs. (Nominations without an asterisk Health, Education, Labor, and Pensions. By Mr. CARDIN (for himself and Mr. were reported with the recommenda- By Mr. UDALL of New Mexico: LUGAR): tion that they be confirmed.) S. Res. 341. A resolution supporting peace, S. 2741. A bill to establish telehealth pilot security, and innocent civilians affected by f projects, expand access to stroke telehealth conflict in Yemen; to the Committee on For- services under the Medicare program, im- INTRODUCTION OF BILLS AND eign Relations. prove access to ‘‘store-and-forward’’ tele- By Mr. DORGAN (for himself, Mr. JOINT RESOLUTIONS health services in facilities of the Indian BARRASSO, Mr. BAUCUS, Mr. BEGICH, The following bills and joint resolu- Health Service and Federally qualified Mr. BINGAMAN, Ms. CANTWELL, Mr. tions were introduced, read the first health centers, reimburse facilities of the In- CONRAD, Mr. CRAPO, Mr. FRANKEN, dian Health Service as originating sites, es- Mr. JOHNSON, Mr. MCCAIN, Mr. and second times by unanimous con- tablish regulations to consider credentialing sent, and referred as indicated: MERKLEY, Ms. MURKOWSKI, Mrs. MUR- and privileging standards for originating RAY, Mr. TESTER, Mr. THUNE, Mr. By Ms. LANDRIEU (for herself and Mr. sites with respect to receiving telehealth UDALL of Colorado, and Mr. UDALL of NELSON of Florida): services, and for other purposes; to the Com- New Mexico): S. 2731. A bill to improve disaster assist- mittee on Finance. S. Res. 342. A resolution recognizing Na- ance provided by the Small Business Admin- By Mr. CASEY (for himself and Mr. tional American Indian and Alaska Native istration, and for other purposes; to the BROWN): Heritage Month and celebrating the heritage Committee on Small Business and Entrepre- S. 2742. A bill to provide for a Climate and culture of American Indians and Alaska neurship. Change Worker and Community Assistance Natives and the contributions of American By Mr. MENENDEZ: Program, and for other purposes; to the Indians and Alaska Natives to the United S. 2732. A bill to require the Administrator Committee on Health, Education, Labor, and States; considered and agreed to. of the Federal Aviation Administration to Pensions. By Mrs. BOXER (for herself and Mrs. promulgate regulations to prohibit the use of By Ms. SNOWE (for herself, Mr. WEBB, FEINSTEIN): certain portable electronic devices in the Mrs. LINCOLN, and Ms. LANDRIEU): S. Con. Res. 47. A concurrent resolution cockpit of commercial aircraft during flight recognizing the 75th anniversary of the es- and to conduct a study of the safety impact S. 2743. A bill to amend title 10, United tablishment of the East Bay Regional Park of distracted pilots; to the Committee on States Code, to provide for the award of a District in California, and for other pur- Commerce, Science, and Transportation. military service medal to members of the poses; to the Committee on the Judiciary. Armed Forces who served honorably during By Mr. BROWN (for himself, Ms. MI- f KULSKI, Mr. FRANKEN, and Mr. BEN- the Cold War, and for other purposes; to the NET): Committee on Armed Services. ADDITIONAL COSPONSORS By Mr. BARRASSO (for himself, Mr. S. 2733. A bill to provide for the establish- S. 448 ment of a Private Education Loan Ombuds- BINGAMAN, and Mr. ENZI): At the request of Mr. SPECTER, the man; to the Committee on Health, Edu- S. 2744. A bill to amend the Energy Policy name of the Senator from Delaware cation, Labor, and Pensions. Act of 2005 to expand the authority for (Mr. KAUFMAN) was added as a cospon- By Mr. FRANKEN (for himself and Mr. awarding technology prizes by the Secretary LUGAR): of Energy to include a financial award for sor of S. 448, a bill to maintain the free S. 2734. A bill to amend the Public Health separation of carbon dioxide from dilute flow of information to the public by Service Act with respect to the prevention of sources; to the Committee on Energy and providing conditions for the federally diabetes, and for other purposes; to the Com- Natural Resources. compelled disclosure of information by mittee on Health, Education, Labor, and By Mr. DORGAN (for himself, Ms. certain persons connected with the Pensions. KLOBUCHAR, Mr. ROCKEFELLER, Mr. news media. By Mr. NELSON of Florida (for him- LAUTENBERG, and Mr. FRANKEN): S. 456 self, Ms. LANDRIEU, Mr. VITTER, and S. 2745. A bill to prohibit the use of per- Mr. INHOFE): At the request of Mr. DODD, the name S. 2735. A bill to prohibit additional re- sonal wireless communications devices and of the Senator from Nevada (Mr. EN- quirements for the control of Vibrio laptop computers by the flight crew of com- SIGN) was added as a cosponsor of S. vulnificus applicable to the post-harvest mercial aircraft on the flight deck of such 456, a bill to direct the Secretary of processing of oysters; to the Committee on aircraft during aircraft operations; to the Committee on Commerce, Science, and Health and Human Services, in con- Health, Education, Labor, and Pensions. sultation with the Secretary of Edu- By Mr. FRANKEN (for himself, Mr. Transportation. By Mr. SANDERS: cation, to develop guidelines to be used GRASSLEY, Mrs. FEINSTEIN, and Mr. HATCH): S. 2746. A bill to address the concept of on a voluntary basis to develop plans S. 2736. A bill to reduce the rape kit back- ‘‘Too Big To Fail’’ with respect to certain fi- to manage the risk of food allergy and log and for other purposes; to the Committee nancial entities; to the Committee on Bank- anaphylaxis in schools and early child- on the Judiciary. ing, Housing, and Urban Affairs. hood education programs, to establish

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At the request of Mr. UDALL of Colo- sponsor of S. 1859, a bill to reinstate S. 572 rado, the name of the Senator from Federal matching of State spending of At the request of Mr. WEBB, the name Minnesota (Mr. FRANKEN) was added as child support incentive payments. of the Senator from Virginia (Mr. WAR- a cosponsor of S. 1628, a bill to amend S. 1982 NER) was added as a cosponsor of S. 572, title VII of the Public Health Service At the request of Mr. BROWN, the a bill to provide for the issuance of a Act to increase the number of physi- name of the Senator from Pennsyl- ‘‘forever stamp’’ to honor the sacrifices cians who practice in underserved rural vania (Mr. CASEY) was added as a co- of the brave men and women of the communities. sponsor of S. 1982, a bill to renew and Armed Forces who have been awarded S. 1635 extend the provisions relating to the the Purple Heart. At the request of Mr. DORGAN, the identification of trade enforcement pri- S. 827 name of the Senator from Alaska (Mr. orities, and for other purposes. At the request of Mr. ROCKEFELLER, BEGICH) was added as a cosponsor of S. S. 2336 the name of the Senator from Oregon 1635, a bill to establish an Indian Youth At the request of Mr. SESSIONS, the (Mr. WYDEN) was added as a cosponsor telemental health demonstration name of the Senator from New Hamp- of S. 827, a bill to establish a program project, to enhance the provision of shire (Mr. GREGG) was added as a co- to reunite bondholders with matured mental health care services to Indian sponsor of S. 2336, a bill to safeguard unredeemed United States savings youth, to encourage Indian tribes, trib- intelligence collection and enact a fair bonds. al organizations, and other mental and responsible reauthorization of the S. 850 health care providers serving residents 3 expiring provisions of the USA PA- At the request of Mr. KERRY, the of Indian country to obtain the serv- TRIOT Improvements and Reauthoriza- name of the Senator from New Mexico ices of predoctoral psychology and psy- tion Act. (Mr. BINGAMAN) was added as a cospon- chiatry interns, and for other purposes. S. 2532 sor of S. 850, a bill to amend the High S. 1681 At the request of Mr. SPECTER, the Seas Driftnet Fishing Moratorium Pro- At the request of Mr. LEAHY, the name of the Senator from Tennessee tection Act and the Magnuson-Stevens name of the Senator from New Jersey (Mr. ALEXANDER) was added as a co- Fishery Conservation and Management (Mr. LAUTENBERG) was added as a co- sponsor of S. 2532, a bill to extend the Act to improve the conservation of sponsor of S. 1681, a bill to ensure that temporary duty suspensions on certain sharks. health insurance issuers and medical cotton shirting fabrics, and for other S. 1067 malpractice insurance issuers cannot purposes. At the request of Mr. FEINGOLD, the engage in price fixing, bid rigging, or S. 2729 name of the Senator from New York market allocations to the detriment of At the request of Ms. STABENOW, the (Mrs. GILLIBRAND) was added as a co- competition and consumers. name of the Senator from Pennsyl- sponsor of S. 1067, a bill to support sta- At the request of Mr. BENNET, his vania (Mr. CASEY) was added as a co- bilization and lasting peace in northern name was added as a cosponsor of S. sponsor of S. 2729, a bill to reduce Uganda and areas affected by the 1681, supra. greenhouse gas emissions from un- Lord’s Resistance Army through devel- S. 1682 capped domestic sources, and for other opment of a regional strategy to sup- purposes. At the request of Ms. CANTWELL, the port multilateral efforts to success- name of the Senator from Vermont S. 2730 fully protect civilians and eliminate (Mr. SANDERS) was added as a cospon- At the request of Mr. BROWN, the the threat posed by the Lord’s Resist- sor of S. 1682, a bill to provide the Com- name of the Senator from Minnesota ance Army and to authorize funds for modity Futures Trading Commission (Mr. FRANKEN) was added as a cospon- humanitarian relief and reconstruc- with clear antimarket manipulation sor of S. 2730, a bill to extend and en- tion, reconciliation, and transitional authority, and for other purposes. hance the COBRA subsidy program justice, and for other purposes. under the American Recovery and Re- S. 1724 S. 1461 investment Act of 2009. At the request of Mr. SCHUMER, the At the request of Mrs. BOXER, the S. RES. 71 name of the Senator from New Jersey name of the Senator from Michigan At the request of Mr. WYDEN, the (Mr. MENENDEZ) was added as a cospon- (Ms. STABENOW) was added as a cospon- name of the Senator from Georgia (Mr. sor of S. 1724, a bill to establish a com- sor of S. 1461, a bill to amend the Inter- ISAKSON) was added as a cosponsor of S. petitive grant program in the Depart- nal Revenue Code of 1986 to treat trees Res. 71, a resolution condemning the ment of Justice to be administered by and vines producing fruit, nuts, or Government of Iran for its state-spon- the Bureau of Justice Assistance which other crops as placed in service in the sored persecution of the Baha’i minor- shall assist local criminal prosecutor’s year in which it is planted for purposes ity in Iran and its continued violation offices in investigating and prosecuting of special allowance for depreciation. of the International Covenants on crimes of real estate fraud. S. 1490 Human Rights. S. 1756 At the request of Mr. LEAHY, the S. RES. 334 name of the Senator from Utah (Mr. At the request of Mr. HARKIN, the At the request of Mr. HATCH, the HATCH) was added as a cosponsor of S. name of the Senator from Pennsyl- names of the Senator from Illinois (Mr. 1490, a bill to prevent and mitigate vania (Mr. CASEY) was added as a co- DURBIN) and the Senator from Ohio identity theft, to ensure privacy, to sponsor of S. 1756, a bill to amend the (Mr. BROWN) were added as cosponsors provide notice of security breaches, Age Discrimination in Employment of S. Res. 334, a resolution designating and to enhance criminal penalties, law Act of 1967 to clarify the appropriate Thursday, November 19, 2009, as ‘‘Feed enforcement assistance, and other pro- standard of proof. America Day’’. tections against security breaches, S. 1792 AMENDMENT NO. 2669 fraudulent access, and misuse of per- At the request of Mr. ROCKEFELLER, At the request of Mr. GRAHAM, the sonally identifiable information. the name of the Senator from Ken- names of the Senator from Georgia S. 1523 tucky (Mr. BUNNING) was added as a co- (Mr. CHAMBLISS), the Senator from At the request of Mr. BURR, the name sponsor of S. 1792, a bill to amend the Texas (Mr. CORNYN) and the Senator of the Senator from New Jersey (Mr. Internal Revenue Code of 1986 to mod- from Utah (Mr. BENNETT) were added as MENENDEZ) was added as a cosponsor of ify the requirements for windows, cosponsors of amendment No. 2669 pro- S. 1523, a bill to amend the Public doors, and skylights to be eligible for posed to H.R. 2847, a bill making appro- Health Service Act to establish a grant the credit for nonbusiness energy prop- priations for the Departments of Com- program to provide supportive services erty. merce and Justice, and Science, and in permanent supportive housing for S. 1859 Related Agencies for the fiscal year chronically homeless individuals and At the request of Mr. ROCKEFELLER, ending September 30, 2010, and for families, and for other purposes. the name of the Senator from Lou- other purposes.

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.053 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11207 AMENDMENT NO. 2685 ture, housing, and our economy, I con- allow Gulf Coast businesses and home- At the request of Mr. SCHUMER, the tinue to hear from individual business owners to defer for up to 4 years, pay- name of the Senator from New Jersey owners who are struggling to fully re- ments on SBA disaster loans. This pro- (Mr. MENENDEZ) was added as a cospon- cover. These business owners tell me vision certainly had good intentions, sor of amendment No. 2685 intended to that they have not been hit by one dis- however, we are a year on and the pro- be proposed to H.R. 2847, a bill making aster but three: Hurricane Katrina in gram has yet to be implemented. That appropriations for the Departments of 2005, Hurricane Gustav in 2008, and the is because in practice the program Commerce and Justice, and Science, economic downturn. Louisiana was would likely be re-amortizing the same and Related Agencies for the fiscal slow to feel the brunt of the credit debt and, under the Credit Reform Act, year ending September 30, 2010, and for crunch and economic meltdown but to refinance a $1,000,000 disaster loan other purposes. last year we began to see the drying up would require $1,000,000 in additional f of investments and the shrinking of funding. To try to salvage this pro- consumers’ pocketbooks. gram, my bill would require SBA to re- STATEMENTS ON INTRODUCED One business owner that I have met port back to Congress in 30 days with BILLS AND JOINT RESOLUTIONS with is Charles R. ‘‘Ray’’ Bergeron. He recommendations on improving this By Ms. LANDRIEU (for herself and his wife own Fleur de Lis Car Care program. These recommendations and Mr. NELSON, of Florida): Center in New Orleans, Louisiana. could include such additional options S. 2731. A bill to improve disaster as- Small Business Administration, SBA, as modifying the end of the deferment sistance provided by the Small Busi- Administrator Karen Mills and I toured date of loans, reducing interest pay- ness Administration, and for other pur- Mr. Bergeron’s business during a visit ments on loans, extending out the term poses; to the Committee on Small Busi- to New Orleans on June 30, 2009. As a of loans to 35 years or other changes to ness and Entrepreneurship. result of Hurricane Katrina, Mr. and the program that might make it more Ms. LANDRIEU. Mr. President, I Mrs. Bergeron found themselves having workable. I believe this program is on come to the floor today to speak on an to take out two loans, one for their the right track, Congress just needs ad- issue that is of great importance to my house and another for their small busi- vice from the SBA on how we can make home State of Louisiana—Federal dis- ness. Pre-Katrina, Fleur de Lis Car it work better to actually help people aster preparedness. As you know, along Care Center had 8 employees. As of our in the Gulf Coast. the Gulf Coast, we keep an eye trained visit in June, they were down to 2 em- The next provision in Title I relates on the Gulf of Mexico during hurricane ployees not including Mr. Bergeron. to minority businesses in the Gulf season. This is following the dev- They have a $225,000 SBA disaster loan Coast that were impacted by Hurri- astating one-two punch of Hurricanes with a standard 30-year term. Accord- canes Katrina and Rita. Everyone is fa- Katrina and Rita of 2005 as well as Hur- ing to Mr. Bergeron, he will not pay it miliar with the images and the cost of ricanes Gustav and Ike last year. Our off until he is 101 years old. The busi- these storms, but they may not be too communities and businesses are still ness was back at about 40 percent of familiar with the impact on individual recovering from these disasters—some pre-Katrina sales, due in large measure businesses. In particular, I am speak- from a disaster that devastated the to the population not being back. Their ing about the affects of Hurricanes Gulf Coast almost 5 years ago. For this neighborhood is mostly empty homes. Katrina and Rita on minority firms in reason, as Chair of the Senate Com- He attributes part of slow population the Gulf Coast. As a result of these mittee on Small Business and Entre- recovery to high flood insurance pre- storms, many minority firms in the preneurship disaster preparedness is miums, high property taxes and high Gulf Coast were disrupted and thus lost one of my top priorities. While the Gulf homeowner’s insurance. These are the valuable time for participating in the Coast is prone to hurricanes, other type of businesses that we must ensure 8(a) program. The 8(a) business devel- parts of the country are no strangers to keep their doors open: businesses that opment initiative, created under the disaster. For example, the Midwest has took the initiative to re-open right Small Business Administration, helps tornadoes, California experiences after the disaster. These ‘‘pioneer’’ minority entrepreneurs access Federal earthquakes and wildfires, and the businesses serve as anchors to the com- contracts and allows companies to be Northeast sees crippling snowstorms. munity in the early days of recovery. If certified for increments of three years. So no part of our country is spared residents see their favorite restaurant These contracts are vital to the revival from disasters—disasters which can open or the local gas station, they are of these impacted areas. However, as and will strike at any moment. With more likely to come back to rebuild currently structured the program al- this in mind, we must ensure that the their homes. lows businesses to participate for a Federal Government is better prepared In order to help ongoing recovery ef- limited length of time, 9 years, after and has the tools necessary to respond forts in the Gulf Coast, and to give the which they can never re-apply nor get quickly, effectively following a dis- SBA more tools to respond after a fu- back into the program. It is imperative aster. ture disaster, I am introducing the that we provide contracting assistance As I mentioned, everyone around the Small Business Administration Dis- to our local minority businesses. country is familiar with the impact of aster Recovery and Reform Act of 2009. My bill includes a provision which Hurricanes Katrina and Rita on the This legislation builds off of SBA dis- would tackle this problem in three im- New Orleans area and the southeast aster reforms enacted last year and portant ways. First, the bill extends part of our state. Images from the dev- also provides targeted assistance for 8(a) eligibility for program partici- astation following these storms, and Gulf Coast recovery. My bill also in- pants in Katrina/Rita-impacted areas the subsequent Federal levee breaks, cludes an important provision author- in Louisiana, Mississippi, and Alabama were transmitted around the country izing SBA to help families impacted by by 24 months. The bill would also apply and around the world. This is because defective drywall manufactured in the to any areas in the state of Louisiana, Katrina was the deadliest natural dis- People’s Republic of China. Mississippi and Alabama that have aster in United States history, with In terms of immediate recovery as- been designated by the Administrator 1,800 people killed—1,500 alone in Lou- sistance, Title I of the bill includes of the Small Business Administration isiana. Katrina was also the costliest three provisions which I believe will as a disaster area as a result of Hurri- natural disaster in United States his- help both Gulf Coast businesses as well canes Katrina or Rita. Lastly, the bill tory with over $81.2 billion in damage. as families nationwide dealing with would require the administrator of the In Louisiana, we had 18,000 businesses toxic drywall in their homes. First, Small Business Administration to en- catastrophically destroyed and 81,000 this bill amends Section 12086 added by sure that every small business partici- businesses economically impacted. I SBA disaster reforms in the 2008 Farm pating in the 8(a) program before the believe that, across the entire Gulf Bill. This provision created a Gulf date of enactment of the Act is re- Coast, some estimates ran as high as Coast Disaster Loan Refinancing Pro- viewed and brought into compliance 125,000 businesses impacted by Katrina gram. The intent of the program, as I with this act. This requirement would and Rita. While we have made signifi- understand it from my colleagues in ensure that any eligible previous 8(a) cant progress in rebuilding infrastruc- the House of Representatives, was to participants will be allowed back into

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.054 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11208 CONGRESSIONAL RECORD — SENATE November 5, 2009 the program. As such, these key provi- cludes results of a 50-home air sam- in which a Governor declares a disaster sions would ensure that these busi- pling project and a preliminary engi- because of defective drywall. The pro- nesses continue to play a vital role in neering analysis of potential electrical/ vision would cover drywall which en- rebuilding their communities. I note fire safety issues related to metal cor- tered the United States from China that I introduced a similar provision as rosion. Key to any results would be from 2004 to 2008 and is demonstrated part of S. 3285, the Disadvantaged Busi- Federal recommendations on testing to cause corrosion or property damage. ness Disaster Eligibility Act during the and remediation protocols for Chinese I note that this provision would not 110th Congress. Last Congress, the pro- drywall. This would be crucial for provide SBA funds for losses or damage posal passed the House of Representa- homeowners who currently have no de- covered by insurance or other sources. tives but we were unable to pass the finitive way to prove they have Chinese This authorization also caps the fund- legislation here in the Senate before drywall in their homes or procedures to ing at this program at no more than 25 we adjourned for the year. I look for- remove the product for good. percent of the funds appropriated for ward to renewing my fight this Con- In total, as of last week the CPSC SBA disaster assistance. In a normal gress as I believe that this is a com- had received 1,900 incident reports from Appropriations cycle, this would monsense proposal which would not 30 States, the District of Columbia and equate to about $25,000,000 in funds or cost a great deal. It would, however, Puerto Rico. The majority of these re- $250,000,000 in actual disaster loans. If make a huge difference for these busi- ports, 1,317, came from Florida, with enacted, this provision would go a long nesses impacted by Katrina and Rita. Louisiana next, 339, followed by Vir- way towards helping these struggling The last recovery-related provision ginia, 69, Mississippi, 63, and Alabama, families. in Title I of the bill is focused on fami- 32. These figures demonstrate that this While it is important to respond to lies impacted by defective drywall problem is not just an obstacle to Gulf ongoing recovery-related needs across manufactured in the People’s Republic Coast recovery efforts but may also the country, we must also ensure that of China. Since 2006, more than 550 mil- pose a threat to homeowners across the the SBA is better prepared for future lion pounds of drywall have been im- country. disasters. To these ends, my committee ported to the United States from To help homeowners struggling with held a field hearing in Galveston, Texas China. This drywall was used because this defective product, I have worked on September 25, 2009. This hearing fo- at the time there was a shortage of closely over the past few months with cused on the initial Federal response product by domestic drywall producers my Senate colleagues from Florida and and ongoing recovery efforts from Hur- and there was increased demand due to Virginia. This summer, Senator BILL ricane Ike in 2008. The hearing was the recovery from the 2004/2005 hurricanes NELSON and I were successful, along first Congressional hearing held in Gal- and the housing boom. In the last 20 with the leadership of the Senate Ap- veston since Hurricane Ike struck the months, however, countless home- propriations Committee, in pushing the Texas Gulf Coast last year. With this owners across the country have re- CPSC to allocate $2,000,000 in unobli- in mind, we were able to hear firsthand ported serious metal corrosion, noxious gated funds to help the Chinese drywall Federal, State, and local officials on fumes, and health concerns. Reported investigation. Senator NELSON and the progress of rebuilding Galveston Is- symptoms have included bloody noses, Senators MARK WARNER and JIM WEBB land. My committee also heard from headaches, insomnia, and skin irrita- from Virginia also wrote to the Inter- business owners on the challenges that tion. Preliminary testing has con- nal Revenue Service inquiring if they emerged in the year that passed since firmed that imported defective drywall could assist homeowners. The IRS indi- Ike made landfall. is the problem, but these tests have not cated in July that homeowners may be This hearing highlighted improve- been able to pinpoint the problem sub- able to claim a casualty loss on their ments in SBA’s disaster programs since stance in the drywall. tax returns if they have Chinese the 2005 storms. For example, after Just last week, the Consumer Prod- drywall that emits an unusual or se- Katrina and Rita, the Federal response uct Safety Commission, CPSC, released vere concentration of chemical fumes was slow; planning was insufficient, additional preliminary results of this that causes extreme and unusual dam- and staff and funding came up short. drywall which did not identify the age. We have also written to the Fed- Following the 2005 storms, it took SBA exact cause but did outline areas for eral Emergency Management Agency, 90 days to process a home loan and 70 concern. First, CPSC tested Chinese FEMA, inquiring if the agency could days to process a business loan. After drywall and compared it with U.S.- provide emergency rental assistance as this woeful performance, I pushed for a made drywall. Chinese drywall con- it has done in the past. change in SBA leadership and changes tained elemental sulfur and higher lev- In July, my Senate colleagues and I in the way they respond to disasters. In els of strontium—both not in domestic wrote to the SBA asking what they 2006, a new SBA Administrator, Steve drywall. These findings are similar to could do under existing authority to Preston, took over and, at my request, May 2009 test results from the Environ- help these families. In its October 29, he implemented a new SBA Disaster mental Protection Agency, EPA. 2009, response to this letter, SBA indi- Response Plan in time for the 2007 hur- Strontium and sulfur, in increased lev- cated that it did not currently have the ricane season. This plan was a major els, have been linked to possible health authority to assist homeowners im- improvement over the unwieldy, bu- problems. CPSC also carried out cham- pacted by drywall. This is because, reaucratic procedures that guided SBA ber testing on emissions from samples under the current law, SBA’s definition post-Katrina/Rita. SBA will also be of Chinese-made and domestic drywall. of a disaster only includes typical nat- submitting to Congress in the next few Early results show that Chinese ural disasters such as tornadoes, hurri- weeks 2009 revisions to the Disaster Re- drywall emits volatile sulfur com- canes, wildfires, or snowstorms. How- sponse Plan. I look forward to review- pounds at a higher rate than U.S. ever, it is my understanding that for ing these changes in the event that ad- drywall. Further testing is underway previous disasters, there is a precedent ditional improvements are needed. to determine the specific compounds in Congress authorizing SBA to re- Last year, as part of the 2008 Farm being emitted. Lastly, Federal officials spond to a specific disaster and one in- Bill, Congress also passed legislative analyzed indoor air results from 10 stance where Congress tasked reforms to SBA’s disaster programs. homes in Florida and Louisiana. This $25,000,000 in existing funds to help on- These reforms, along with other key study led to a preliminary finding of going recovery efforts. Manufacturers improvements: Increased SBA loan detectable concentrations of two of this product should bear the major- limits from $1.5 million to $2 million; known irritants: acetaldehyde and ity of the financial burden for remedi- created new tools such as bridge loans formaldehyde. The concentrations were ation but I believe there is a limited or private disaster loans following cat- at levels that could worsen asthma or role for SBA to play in assisting home- astrophic disasters; required coordina- other conditions, especially when air owners with toxic drywall. tion between FEMA, SBA, and the IRS; conditioners were off/not working. For this reason, the legislation I am and allowed nonprofits, for the first Later this month, the CPSC is expected introducing today includes an author- time, to be eligible for SBA economic to release more comprehensive infor- ization for the SBA Administrator to injury disaster loans. Earlier this year, mation on Chinese drywall. This in- provide disaster home loans in States our committee heard testimony from

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.056 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11209 local officials in southwest Louisiana vital role in the recovery efforts. Expe- State coordination. Section 203 would that SBA was better prepared and more dited loans would jump-start impacted allow the SBA Administrator to issue responsive following Gustav and Ike. economies, get vital capital out to guidelines on an SBA-approved bridge As evidence of this, I note that it took businesses, and retain essential jobs loan program. After issuing these 5 days to process a home loan following following future disasters. guidelines, SBA could then review Ike, compared to the 90 days after While I am proud of this provision, I State applications and, if necessary, Katrina and Rita. Business loans aver- believe that with a few additional revi- guarantee bridge loans from approved aged a little over a week to process, sions, this program could be more suc- States following a disaster. I would compared to the 70 days in 2005. cessful. For this reason, Section 201 of note that this provision was part of S. However, although we heard about this bill increases the loan limit from 3664, the Small Business Disaster Re- improvements to SBA’s disaster re- $150,000 to $250,000 and allows the SBA covery Assistance Improvements Act of sponse at the Galveston hearing, we Administrator to utilize this program, 2006 which I introduced in the 109th also learned of additional areas that as needed, in either a catastrophic or a Congress. SBA could further improve its oper- major disaster. Currently, the program Another provision which I would like ations. While SBA is processing loans is limited only to a catastrophic dis- to highlight in this bill is Section 205. faster, there are still complaints from aster, despite the fact that another This section amends the Small Busi- disaster victims on paperwork and bu- bridge loan program from the 2008 ness Act to make aquaculture busi- reaucracy. For example, as of August Farm Bill—the Immediate Disaster As- nesses eligible for SBA Economic In- 31, SBA had received about 2,400 busi- sistance Loan Program—is available jury Disaster Loans. Currently, such ness applications for disaster assist- for both catastrophic and major disas- businesses, including crawfish farmers, ance in Galveston County. 536 of those ters. I realize that every disaster is dif- oyster farmers, shellfish farmers, are applications were approved for $84 mil- ferent and could range from a disaster excluded from eligibility for these lion but, to date, only $24 million has on the scale of Hurricane Katrina or loans. In Louisiana, our aquaculture been disbursed for 280 of these loans. In 9/11, to an ice storm or drought. The businesses in the southern part of the light of these facts, I am concerned modification in my bill would allow State were hit hard by both Hurricane that 2008 disaster reforms might not SBA additional options and flexibility Katrina and Rita. These businesses, have gone far enough in giving SBA the in the kinds of relief they can offer a many crawfish far ers or those with tools it needs to help businesses and community. When a tornado destroys fish farms, were ineligible for U.S. De- homeowners after a future disaster. 20 businesses in a small town in the partment of Agriculture, USDA, dis- Title II of my legislation dovetails Midwest, SBA can get the regular dis- aster assistance, but were also ineli- upon the reforms from last year to im- aster program up and running fairly gible for SBA disaster loans. We also prove SBA coordination with other dis- quickly. You may not need short-term learned that similar problems followed aster response agencies. This section loans in this instance. But if you know Hurricanes Gustav and Ike in 2008. I be- also makes SBA disaster loans more ef- that SBA’s resources would be over- lieve that the commonsense fix in my fective in reaching disaster victims whelmed by a storm—just as they were bill will give these businesses the help most in need of assistance. initially with Katrina—these expedited they need to recover from future disas- As indicated above, when Katrina business loans would be very helpful. ters. hit, our businesses and homeowners This section also changes the name of had to wait months for loan approvals. the program to the ‘‘Pioneer Business I am concerned about the larger I do not know how many businesses we Recovery Program’’ as the intent of problem which was raised by aqua- lost because help did not come in time. the program is to help ‘‘second re- culture businesses in my State being Because of the scale of this disaster, sponder’’ or ‘‘pioneer’’ businesses that caught in limbo between USDA and what these businesses needed was im- want to reopen immediately following SBA disaster programs. SBA for exam- mediate, short-term assistance to hold a storm. ple provides physical and economic in- them over until SBA was ready to The next provision of my bill, Sec- jury disaster loan assistance to busi- process the tens of thousands of loan tion 202, increases SBA disaster loan nesses that are victims of a declared applications it received. That is why in limits. In particular, it is my under- disaster. However, the Small Business last year’s SBA disaster reforms, I in- standing that SBA’s disaster home Act excludes agricultural enterprises cluded a provision—the Expedited Dis- loan limits have not been adjusted from eligibility. The act defines ‘‘agri- aster Assistance Loan Program—to since the 1990s. The current limit for cultural enterprises’’ as ‘‘those busi- allow the SBA Administrator with the SBA disaster loans to replace personal nesses engaged in the production of ability to set up a program to make property is $40,000, and the limit for food and fiber, ranching, and raising short-term, low-interest loans to keep SBA disaster loans to repair damaged livestock, aquaculture, and all other them afloat. These loans will allow homes is $200,000. My legislation would farming and agricultural related indus- businesses to make payroll, begin mak- increase the limits to $80,000 and tries.’’ Thus, if a business is an agricul- ing repairs, and address other imme- $400,000, respectively. The bill also in- tural enterprise, SBA is prohibited diate needs while they are awaiting in- creases the SBA disaster business loan from providing disaster loan assist- surance payouts or regular SBA Dis- limit from $2,000,000 to $4,000,000. I be- ance. Prior to 1976, agricultural enter- aster Loans. lieve that these increases would allow prises were covered by USDA only, and This provision also directed SBA to SBA to better address the needs of dis- between 1976 and 1986, several statutes study ways to expedite disaster loans aster victims in the future. allowed agricultural enterprises to be for those businesses in a disaster area Section 203 of the bill authorizes SBA eligible for SBA assistance under cer- that have a good, solid track record to create a State Bridge Loan Guar- tain conditions. As a result of a couple with the SBA or can provide vital re- antee Program. This program would of factors though including duplication covery efforts. We had many businesses enhance existing partnerships between of benefits, disparity of service be- in the Gulf Coast that had paid off pre- SBA and States which administer tween SBA and USDA and loan shop- vious SBA loans, were major sources of bridge loan programs following disas- ping, Public Law. 99–272 repealed agri- employment in their communities, but ters. Currently, SBA consults with cultural eligibility for SBA disaster had to wait months for decisions on States pre-disaster on the structure of loans. Since then, all agricultural en- their SBA Disaster Loan applications. I their program. This is to ensure that terprises have been referred to USDA do not want to get rid of the SBA’s cur- these programs run effectively and do for disaster loans. rent practice of reviewing applications not duplicate assistance provided by Though USDA has several disaster on a first-come-first-served basis, but the SBA disaster assistance program. programs, most are related to produc- there should be some mechanism in There are various States, including tion loss of crops. The Farm Service place for major disasters to get expe- Louisiana and Florida, which have suc- Agency’s Emergency Loan Program dited loans out the door to specific cessful bridge loan programs, and other covers some agriculture related dis- businesses that have a positive record States which would consider this type aster losses, but operates under dif- with SBA or those that could serve a of program if there was better Federal- ferent eligibility rules from SBA. They

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.057 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11210 CONGRESSIONAL RECORD — SENATE November 5, 2009 are limited to production on agri- ministration and the Administrator thereof, ‘‘(D) any other modification to the pro- culture operations and restrict eligi- respectively; gram determined appropriate by the Admin- bility to ‘‘family farm’’ operations. The (2) the term ‘‘approved State Bridge Loan istrator.’’. disparity between eligibility require- Program’’ means a State Bridge Loan Pro- SEC. 102. EXTENSION OF PARTICIPATION TERM gram approved under section 203(b); FOR VICTIMS OF HURRICANE ments for the SBA and USDA has re- (3) the term ‘‘small business concern’’ has KATRINA OR HURRICANE RITA. sulted in many agricultural businesses the meaning given that term under section 3 (a) RETROACTIVITY.—If a small business being ineligible for disaster assistance of the Small Business Act; and concern, while participating in any program at all. Included in that category are (4) the term ‘‘State’’ means any State of or activity under the authority of paragraph horse-related businesses, feedlots, ani- the United States, the District of Columbia, (10) of section 7(j) of the Small Business Act mal breeders and sellers, nurseries, flo- the Commonwealth of Puerto Rico, the (15 U.S.C. 636(j)), was located in a parish or riculture, tree farms, fish or shellfish Northern Mariana Islands, the Virgin Is- county described in subsection (b) of this business, seed producers, along with lands, Guam, American Samoa, and any ter- section and was affected by Hurricane ritory or possession of the United States. Katrina of 2005 or Hurricane Rita of 2005, the others. That is because, to currently be SEC. 3. TABLE OF CONTENTS. period during which that small business con- eligible for an SBA disaster loan, a pri- The table of contents for this Act is as fol- cern is permitted continuing participation marily agricultural enterprise must lows: and eligibility in that program or activity have a separable non-agricultural com- Sec. 1. Short title. shall be extended for 24 months after the ponent, which may be eligible for phys- Sec. 2. Definitions. date such participation and eligibility would ical disaster loan assistance provided Sec. 3. Table of contents. otherwise terminate. that it is a separate part of the agricul- TITLE I—GULF COAST RECOVERY AND (b) PARISHES AND COUNTIES COVERED.—Sub- tural enterprise, with separate income, ASSISTANCE FOR HOMEOWNERS IM- section (a) applies to any parish in the State PACTED BY DRYWALL MANUFAC- of Louisiana, or any county in the State of operations, expenses, assets, etc. For Mississippi or in the State of Alabama, that economic injury disaster loan assist- TURED IN THE PEOPLE’S REPUBLIC OF CHINA has been designated by the Administrator as ance, the Small Business Act limits a disaster area by reason of Hurricane Sec. 101. Report on the Gulf Coast Disaster eligibility to small businesses, small Katrina of 2005 or Hurricane Rita of 2005 Loan Refinancing Program. agricultural cooperatives, producer co- Sec. 102. Extension of participation term for under disaster declaration 10176, 10177, 10178, operatives, and private non-profit orga- victims of Hurricane Katrina or 10179, 10180, 10181, 10205, or 10206. (c) REVIEW AND COMPLIANCE.—The Admin- nizations. Therefore, the business must Hurricane Rita. istrator shall ensure that the case of every meet the eligibility requirements for a Sec. 103. Assistance for homeowners im- pacted by drywall manufac- small business concern participating before small business, and for purposes of the date of enactment of this Act in a pro- EIDL eligibility, the activity of a busi- tured in the People’s Republic of China. gram or activity covered by subsection (a) is ness must be nonagricultural. reviewed and brought into compliance with TITLE II—IMPROVEMENTS TO ADMINIS- To try to identify some of these gaps this section. TRATION DISASTER ASSISTANCE PRO- between USDA and SBA disaster as- GRAMS SEC. 103. ASSISTANCE FOR HOMEOWNERS IM- sistance, Section 209 would require PACTED BY DRYWALL MANUFAC- Sec. 201. Improvements to the Pioneer Busi- TURED IN THE PEOPLE’S REPUBLIC SBA, in consultation with USDA, to re- ness Recovery Program. OF CHINA. port to Congress within 120 days. This Sec. 202. Increased limits. (a) DEFINITIONS.—In this section, the term report would identify gaps in assist- Sec. 203. State bridge loan guarantee. ‘‘defective drywall’’ means drywall board ance and provide recommended legisla- Sec. 204. Modified collateral requirements. that the Administrator determines— tive/administrative changes to fix Sec. 205. Aquaculture business disaster as- (1) was manufactured in the People’s Re- sistance. public of China; these problems. For my part, I would Sec. 206. Regional outreach on disaster as- like to get these agencies on the same (2) was imported into the United States sistance programs. during the period beginning on January 1, page to ensure that businesses in Sec. 207. Duplication of benefits. 2004, and ending on December 31, 2008; and Sec. 208. Administration coordination on need—whether they be small businesses (3) is directly responsible for substantial economic injury disaster dec- or agricultural businesses—are not de- metal corrosion or other property damage in prived of assistance if a disaster hap- larations. Sec. 209. Coordination between Small Busi- the dwelling in which the drywall is in- pens in their area. ness Administration and De- stalled. In closing, the legislation I am intro- partment of Agriculture dis- (b) DISASTER ASSISTANCE FOR HOMEOWNERS ducing today is an important first step aster programs. IMPACTED BY DEFECTIVE DRYWALL.— for the Small Business Administration. Sec. 210. Technical and conforming amend- (1) IN GENERAL.—The Administrator may, That is because I am hopeful that, at ment. upon request by a Governor that has de- clared a disaster as a result of property loss the appropriate time, my committee TITLE I—GULF COAST RECOVERY AND AS- or damage as a result of defective drywall, can send to the full Senate legislation SISTANCE FOR HOMEOWNERS IM- declare a disaster under section 7(b) of the which will both reform SBA’s disaster PACTED BY DRYWALL MANUFACTURED Small Business Act (15 U.S.C. 636(b)) relating programs and address ongoing recovery IN THE PEOPLE’S REPUBLIC OF CHINA to the defective drywall. needs across the country. With that SEC. 101. REPORT ON THE GULF COAST DIS- (2) USES.—Assistance under a disaster de- ASTER LOAN REFINANCING PRO- clared under paragraph (1) may be used only goal in mind, I plan to work with my GRAM. for the repair or replacement of defective colleagues on both sides of the aisle in Section 12086 of the Food, Conservation, drywall. the coming months to identify their and Energy Act of 2008 (Public Law 110–246; (3) LIMITATION.—Assistance under a dis- 122 Stat. 2184) is amended by adding at the priorities on these issues. aster declared under paragraph (1) may not— end the following: Mr. President, I ask unanimous con- (A) provide compensation for losses or ‘‘(g) REPORT TO CONGRESS.— sent that the text of the bill and let- damage compensated for by insurance or ‘‘(1) IN GENERAL.—Not later than 30 days ters of support be printed in the other sources; and after the date of enactment of this sub- (B) exceed more than 25 percent of the RECORD. section, the Administrator shall submit to funds appropriated to the Administration for There being no objection, the mate- the Committee on Small Business and Entre- disaster assistance during any fiscal year. rial was ordered to be printed in the preneurship of the Senate and the Com- RECORD, as follows: mittee on Small Business of the House of TITLE II—IMPROVEMENTS TO ADMINIS- S. 2731 Representatives a report making rec- TRATION DISASTER ASSISTANCE PRO- ommendations regarding improvements to GRAMS Be it enacted by the Senate and House of Rep- the program. resentatives of the United States of America in SEC. 201. IMPROVEMENTS TO THE PIONEER BUSI- ‘‘(2) CONTENTS.—The report under para- NESS RECOVERY PROGRAM. Congress assembled, graph (1) may include recommendations re- (a) IN GENERAL.—Section 12085 of the Food, SECTION 1. SHORT TITLE. lating to— Conservation, and Energy Act of 2008 (15 This Act may be cited as the ‘‘Small Busi- ‘‘(A) modifying the end of the deferment U.S.C. 636j) is amended— ness Administration Disaster Recovery and date of Gulf Coast disaster loans; (1) in the section heading, by striking ‘‘EX- Reform Act of 2009’’. ‘‘(B) reducing interest payments on Gulf PEDITED DISASTER ASSISTANCE LOAN SEC. 2. DEFINITIONS. Coast disaster loans, subject to the avail- PROGRAM’’ and inserting ‘‘PIONEER BUSI- In this Act— ability of appropriations; NESS RECOVERY PROGRAM’’; (1) the terms ‘‘Administration’’ and ‘‘Ad- ‘‘(C) extending the term of Gulf Coast dis- (2) by striking ‘‘expedited disaster assist- ministrator’’ mean the Small Business Ad- aster loans to 35 years; and ance business loan program’’ each place it

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.058 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11211 appears and inserting ‘‘Pioneer Business Re- (1) by striking ‘‘aquaculture,’’; and and the Committee on Small Business of the covery Program’’; (2) by inserting before the semicolon ‘‘, and House of Representatives, a report pro- (3) in subsection (b) by striking ‘‘paragraph does not include aquaculture’’. viding— (9)’’ and all that follows and inserting ‘‘sec- SEC. 206. REGIONAL OUTREACH ON DISASTER AS- (1) information on economic injury dis- tion 7(b) of the Small Business Act (15 U.S.C. SISTANCE PROGRAMS. aster declarations under section 7(b)(2) of the 636(b)).’’; and (a) REPORT.—In accordance with sections Small Business Act (15 U.S.C. 636(b)(2)) made (4) in subsection (d)(3)(A), by striking 7(b)(4) and 40(a) of the Small Business Act (15 by the Administrator during the 10-year pe- ‘‘$150,000’’ and inserting ‘‘$250,000’’. U.S.C. 636(b)(4) and 657l(a)) and not later riod ending on the date of enactment of this (b) TECHNICAL AND CONFORMING AMEND- than 60 days after the date of enactment of Act based on a natural disaster declaration MENT.—The table of contents in section 1(b) this Act, the Administrator shall submit to by the Secretary of Agriculture; of the Food, Conservation, and Energy Act of the Committee on Small Business and Entre- (2) information on economic injury dis- 2008 (Public Law 110–246; 122 Stat. 1651) is preneurship of the Senate and the Com- aster declarations under section 7(b)(2) of the amended by striking the item relating to mittee on Small Business of the House of Small Business Act (15 U.S.C. 636(b)(2)) made section 12085 and inserting the following: Representatives, a report detailing— by the Administrator during the 10-year pe- ‘‘Sec. 12085. Pioneer Business Recovery Pro- (1) information on the disasters, manmade riod ending on the date of enactment of this gram.’’. or natural, most likely to occur in each re- Act based on a fishery resource disaster dec- SEC. 202. INCREASED LIMITS. gion of the Administration and likely sce- laration from the Secretary of Commerce; Section 7 of the Small Business Act (15 narios for each disaster in each region; (3) information on whether the disaster re- U.S.C. 636) is amended— (2) information on plans of the Administra- sponse plan of the Administration under sec- (1) in subsection (d)(6)— tion, if any, to conduct annual disaster out- tion 40 of the Small Business Act (15 U.S.C. (A) by striking ‘‘$100,000’’ and inserting reach seminars, including events with re- 657l) adequately addresses coordination with ‘‘$400,000’’; and source partners of the Administration, in the Secretary of Agriculture and the Sec- (B) by striking ‘‘$20,000’’ and inserting each region before periods of predictable dis- retary of Commerce on economic injury dis- ‘‘$80,000’’; asters described in paragraph (1); aster assistance under section 7(b)(2) of the (2) by striking ‘‘(e) [RESERVED].’’; and (3) information on plans of the Administra- Small Business Act (15 U.S.C. 636(b)(2)); (3) by striking ‘‘(f) [RESERVED].’’. tion for satisfying the requirements under (4) recommended legislative changes, if SEC. 203. STATE BRIDGE LOAN GUARANTEE. section 40(a) of the Small Business Act not any, for improving agency coordination on economic injury disaster declarations under (a) AUTHORIZATION.—After issuing guide- satisfied on the date of enactment of this lines under subsection (c), the Administrator Act; and section 7(b)(2) of the Small Business Act (15 may guarantee loans made under an ap- (4) such additional information as deter- U.S.C. 636(b)(2)); and proved State Bridge Loan Program. mined necessary by the Administrator. (5) such additional information as deter- (b) APPROVAL.— (b) AVAILABILITY OF INFORMATION.—The Ad- mined necessary by the Administrator. (1) APPLICATION.—A State desiring ap- ministrator shall— SEC. 209. COORDINATION BETWEEN SMALL BUSI- proval of a State Bridge Loan Program shall (1) post the disaster information provided NESS ADMINISTRATION AND DE- submit an application to the Administrator under subsection (a) on the website of the PARTMENT OF AGRICULTURE DIS- at such time, in such manner, and accom- Administration; and ASTER PROGRAMS. panied by such information as the Adminis- (2) make the information provided under (a) DEFINITIONS.—In this section— trator may require. subsection (a) available, upon request, at (1) the term ‘‘agricultural small business (2) CRITERIA.—The Administrator may ap- each regional and district office of the Ad- concern’’ means a small business concern prove an application submitted under para- ministration. that is an agricultural enterprise, as defined graph (1) based on such criteria as the Ad- SEC. 207. DUPLICATION OF BENEFITS. in section 18(b)(1) of the Small Business Act ministrator may establish under this sec- (a) FINDINGS.—Congress finds the fol- (15 U.S.C. 647(b)(1)), as amended by this Act; tion. lowing: and (c) GUIDELINES.— (1) Section 312 of the Robert T. Stafford (2) the term ‘‘rural small business con- (1) IN GENERAL.—Not later than 180 days Disaster Relief and Emergency Assistance cern’’ means a small business concern lo- after the date of enactment of this Act, the Act (42 U.S.C. 5155) states the following: cated in a rural area, as that term is defined Administrator shall issue to the appropriate (A) ‘‘The President, in consultation with in section 1393(a)(2) of the Internal Revenue economic development officials in each the head of each Federal agency admin- Code of 1986. State, the Committee on Small Business and istering any program providing financial as- (b) REPORT.—Not later than 120 days after Entrepreneurship of the Senate, and the sistance to persons, business concerns, or the date of enactment of this Act, the Ad- Committee on Small Business of the House other emergency, shall assure that no such ministrator, in consultation with the Sec- of Representatives, guidelines regarding ap- person, business concern, or other entity will retary of Agriculture, shall submit to the proved State Bridge Loan Programs. receive such assistance with respect to any Committee on Small Business and Entrepre- (2) CONTENTS.—The guidelines issued under part of such loss as to which he has received neurship of the Senate and the Committee paragraph (1) shall— financial assistance under any other pro- on Small Business of the House of Represent- (A) identify appropriate uses of funds gram or from insurance or any other atives, a report detailing— under an approved State Bridge loan Pro- source.’’. (1) information on disaster assistance pro- gram; (B) ‘‘Receipt of partial benefits for a major grams of the Administration for rural small (B) set terms and conditions for loans disaster or emergency shall not preclude pro- business concerns and agricultural small under an approved State Bridge loan Pro- vision of additional Federal assistance for business concerns; gram; any part of a loss or need for which benefits (2) information on industries or small busi- (C) address whether— have not been provided.’’. ness concerns excluded from programs de- (i) an approved State Bridge Loan Program (C) A recipient of Federal assistance will scribed in paragraph (1); may charge administrative fees; and be liable to the United States ‘‘to the extent (3) information on disaster assistance pro- (ii) loans under an approved State Bridge that such assistance duplicates benefits grams of the Department of Agriculture to Loan Program shall be disbursed through available to the person for the same purpose rural small business concerns and agricul- local banks and other financial institutions; from another source.’’. tural small business concerns; and (2) The Administrator should make every (4) information on industries or small busi- (D) establish the percentage of a loan the effort to ensure that disaster recovery needs ness concerns excluded from programs de- Administrator will guarantee under an ap- unmet by Federal and private sources are scribed in paragraph (3); proved State Bridge Loan Program. not overlooked in determining duplication of (5) information on disaster assistance pro- SEC. 204. MODIFIED COLLATERAL REQUIRE- benefits for disaster victims. grams of the Administration that are dupli- MENTS. (b) REVISED DUPLICATION OF BENEFITS CAL- cative of disaster assistance programs of the Section 7(d)(6) of the Small Business Act CULATIONS.—The Administrator may, after Department of Agriculture; (15 U.S.C. 636(d)(6)) is amended by inserting consultation with other relevant Federal (6) information on coordination between after ‘‘which are made under paragraph (1) of agencies, determine whether benefits are du- the two agencies on implementation of dis- subsection (b)’’ the following: ‘‘: Provided fur- plicated after a person receiving assistance aster assistance provisions of the Food, Con- ther, That the Administrator shall not re- under section 7(b) of the Small Business Act servation, and Energy Act of 2008 (Public quire collateral for a loan of not more than (15 U.S.C. 636(b)) receives other Federal dis- Law 110–246; 122 Stat. 1651), and the amend- $200,000 under paragraph (1) or (2) of sub- aster assistance by a disaster victim. ments made by that Act; section (b) relating to damage to or destruc- SEC. 208. ADMINISTRATION COORDINATION ON (7) recommended legislative or administra- tion of property of, or economic injury to, a ECONOMIC INJURY DISASTER DEC- tive changes, if any, for improving coordina- small business concern’’. LARATIONS. tion of disaster assistance programs, in par- SEC. 205. AQUACULTURE BUSINESS DISASTER AS- Not later than 180 days after the date of ticular relating to removing gaps in eligi- SISTANCE. enactment of this Act, the Administrator bility for disaster assistance programs by Section 18(b)(1) of the Small Business Act shall submit to the Committee on Small rural small business concerns and agricul- (15 U.S.C. 647(b)(1)) is amended— Business and Entrepreneurship of the Senate tural small business concerns; and

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.059 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11212 CONGRESSIONAL RECORD — SENATE November 5, 2009 (8) such additional information as deter- U.S. SENATE, S. 2734. A bill to amend the Public mined necessary by the Administrator. Washington, DC, July 28, 2009. Health Service Act with respect to the Hon. KAREN G. MILLS, prevention of diabetes, and for other SEC. 210. TECHNICAL AND CONFORMING AMEND- Administrator, U.S. Small Business Administra- MENT. purposes; to the Committee on Health, tion, Washington, DC. Section 7(b) of the Small Business Act (15 DEAR ADMINISTRATOR MILLS: As we write Education, Labor, and Pensions. U.S.C. 636(b)) is amended in the matter fol- to you, the Consumer Product Safety Com- Mr. FRANKEN. Mr. President, right lowing paragraph (9), by striking ‘‘section mission (CPSC) and the Environmental Pro- now many of us are engaged in a 312(a) of the Disaster Relief and Emergency tection Agency (EPA), in coordination with worthwhile discussion about health Assistance Act’’ and inserting ‘‘section 312(a) other Federal and State agencies, are con- care and health insurance. These are of the Robert T. Stafford Disaster Relief and ducting a comprehensive investigation into immensely important topics, and I Emergency Assistance Act (42 U.S.C. the health and safety impacts of Chinese- look forward to working with all col- 5155(a))’’. made drywall on American consumers. The U.S. Small Business Administration (SBA) leagues to pass health reform this year. has an important role in disaster response In these broader discussions, it is easy SMALL BUSINESS ADMINISTRATION, and recovery efforts—helping both home- to forget that the best way to become OFFICE OF THE ADMINISTRATOR, owners and businesses impacted by manmade a healthier country with lower health Washington, DC, October 28, 2009. and natural disasters. We believe that, at the care costs is to prevent Americans Hon. MARY LANDRIEU, appropriate time, your agency may be of as- Chairwoman, Committee on Small Business & from becoming sick in the first place. sistance to homeowners impacted by this Entrepreneurship, U.S. Senate, Washington, A great place to prioritize wellness toxic product. over sickness comes in our prevention DC. Since 2006, more than 550 million pounds of DEAR MADAM CHAIRWOMAN: Thank you for drywall have been imported to the United of diabetes. your letter requesting that the U.S. Small States from China. In the last 18 months, Today 24 million Americans suffer Business Administration (SBA) review its ex- countless homeowners across the country from diabetes, and the epidemic is get- isting authority under the Stafford Act to have reported serious metal corrosion, nox- ting worse. If we do not make some provide disaster assistance to affected busi- ious fumes and health concerns. Reported changes soon, the prevalence of the dis- nesses and homeowners impacted by the use symptoms have included bloody noses, head- ease will double over the next 30 years. of allegedly defective drywall. Having toured aches, insomnia and skin irritation. Prelimi- The annual cost of diabetes in the New Orleans earlier this year, I share your nary testing has confirmed that imported de- country is expected to reach $338 bil- concern for the victims of Hurricane fective drywall is the problem, but these Katrina. tests have not been able to pinpoint the spe- lion by 2020. Right now 57 million Americans are what is considered The Stafford Act is the general statutory cific problem substance within the drywall. More comprehensive results are expected prediabetic. authority for most Federal disaster response That means they are at risk of devel- activities as they pertain to Federal Emer- from CPSC and EPA in August/September. In gency Management Authority (FEMA) pro- total, the CPSC has received 608 incident re- oping the full-blown disease because grams. When, pursuant to the Stafford Act, ports from 21 states and the District of Co- they have high blood pressure or high the President declares a Major Disaster or lumbia, demonstrating that this poses a glucose levels. These statistics include emergency and authorizes Federal assist- threat to homeowners across the country. over a million adults and 92,000 youth With this in mind, we respectfully request ance, including individual assistance, SBA is in my State alone. These are Minneso- authorized to make physical disaster loans that the SBA review its existing authority under the Stafford Act and respond no later tans who may find out tomorrow they and economic injury disaster loans to dis- have become diabetic. aster victims. In addition, SBA has the au- than August 28, 2009 on the following: Whether SBA may disburse additional We know that diabetes may become thority under the Small Business Act (Act) funds on SBA Real Property Disaster Loans to issue disaster declarations and to make debilitating and require costly medical from previous disaster or emergency declara- physical and economic injury disaster loans interventions, from daily injections of tions (such as Hurricanes Katrina and Rita to disaster victims in SBA-declared disas- insulin all the way to amputations. We in 2005, the 2004 Florida Hurricanes, the 2008 ters. Under the Act, a ‘‘disaster’’ is generally know how devastating this disease is Midwest floods, or other emergency/disaster defined as a sudden event which causes se- declarations). from the stories we hear when we are vere damage. Product defects do not fall Also outline if the SBA can waive the two back home. within the statutory definition for a ‘‘dis- year time limit for requesting an increase in This week I was on the floor and aster.’’ Thus, SBA has never based a disaster loan limits since extraordinary and unfore- shared the story of Liz MacCaskie from declaration on defective products. While we seeable circumstances may apply in this sit- Minneapolis. She lost her job in Sep- are sympathetic to these victims, the instal- uation; lation of defective drywall likewise would tember and is 58 years old, my exact Whether SBA—following a written request age. She lives with diabetes and was not fall within this statutory definition and from a Governor that has declared a disaster could not serve as the basis for an SBA dis- or emergency—may make a physical disaster just diagnosed with kidney failure. She aster declaration. declaration if homes, businesses or a com- is paying close to $20,000 a year for her In response to the specific issues raised in bination of the two, have sustained unin- insurance and trying to live on $1,000 a your letter, SBA does have the authority to sured losses; and month. disburse additional funds to existing disaster Whether SBA may make an economic in- If we could help people such as Liz borrowers for disaster-related damage that is jury declaration if it is demonstrated that at avoid the pain and suffering that comes discovered within a reasonable time after least five small businesses in a disaster area from diabetes, it would be a healthier, original loan approval and before repairs are have suffered economic injury as a result of more prosperous country. The good the disaster or emergency and are in need of complete. However, if the repair, replace- news is that we can help Americans ment or rehabilitation of the disaster-dam- financial help not otherwise available. aged property has been completed, SBA does In closing, families in our states are, in avoid this costly and debilitating dis- not increase an existing loan. many cases, watching their dream homes ease. Research has shown that turn into nightmares. As the Federal govern- prediabetics can avoid full-blown dia- You also asked whether SBA may issue a ment determines the full size and scope of betes if they receive access to commu- disaster declaration based on a request from this disaster, we believe it is important to a Governor. After SBA receives a request nity services such as nutrition coun- marshal all appropriate Federal resources seling and gym memberships. These are from a Governor that satisfies the statutory that may assist these families. We therefore and regulatory requirements, SBA can issue thank you for your consideration of this im- proven to cut the risk of developing di- a physical or economic injury disaster dec- portant request. abetes in half. laration and make low interest loans to Sincerely, I am pleased to be offering legisla- cover uninsured losses. As noted above, how- MARY L. LANDRIEU, tion with Senator LUGAR to ensure ever, the installation of defective drywall U.S. Senator. that prediabetics have access to serv- would not qualify as a disaster under the BILL NELSON, ices that will stop this disease in its SBA’s statutory definition. U.S. Senator. tracks. The Diabetes Prevention Act is Thank you again for your continued sup- MARK R. WARNER, based on an NIH research study done in U.S. Senator. port of the SBA disaster loan program and partnership with the YMCA in Indiana. the small business community. A similar re- JIM WEBB, sponse is being sent to your colleagues, Sen- U.S. Senator. The study showed that a 16-week inten- ators Nelson, Warner, and Webb. sive lifestyle program can prevent dia- With warmest regards, By Mr. FRANKEN (for himself betes and cost less than $300 per per- KAREN G. MILLS. and Mr. LUGAR): son—less than $300 per person—per

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.059 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11213 year. Studies have shown us that this provided federal funding for the testing and as a result, saw its arrest rate for investment can save us money within 2 of backlogged DNA evidence. Unfortu- rapes jump from 40 to 70 percent. to 3 years. nately, it did not require those funds to Second, this bill will put measures in The Minnesota Department of Health test DNA evidence in rape kits. place to track progress and hold States has been working with our local Because of this loophole—and be- and localities accountable. Law en- YMCAs in Willmar, Rochester, and cause many States and localities sim- forcement agencies will be responsible Minneapolis to implement this pro- ply did not use the Debbie Smith funds for reporting their reductions of rape gram. We have a diverse group of in- they were allocated—the promise of kit backlogs, and the Department of structors who speak Spanish, Hmong, the Debbie Smith Act remains Justice will be responsible for ana- Somali, and American Sign Language. unfulfilled. Since 2004, the federal gov- lyzing that data and reporting back to They include parish nurses, dietitians, ernment has distributed about $500 mil- Congress. and community health educators. All lions in Debbie Smith grants to law en- Third, this bill will guarantee that these folks are helping community forcement agencies around the coun- survivors of sexual assault don’t ever members to eat healthier and become try. Local figures suggest that these pay for their rape kits. Right now, more physically active. For the lucky funds have not had their intended ef- States must cover the full cost of a people who get to participate in these fect. In March 2009, Los Angeles Coun- rape kit examination, either upfront or programs, it is working. They are los- ty had 12,500 untested rape kits in po- through reimbursement. But some ing weight, getting healthier, and lice storage. L.A. County is not alone. states don’t even cover half of the cost. avoiding diabetes. This fall, the Houston Police Depart- Survivors who live in States who are in But right now, these efforts are a ment found at least 4,000 untested rape compliance with the law still mistak- drop in the bucket because the epi- kits in storage, and Detroit reported a enly receive bills because of the con- demic is so great. With this bill, we backlog of possibly 10,000 kits. fusing nature of the reimbursement will replicate this cost-effective pro- Those are just three cities. This process. We don’t bill criminals for fin- gram and improve the lives of millions means that potentially hundreds of gerprint processing. Survivors of sex- of Americans. This bill will help com- thousands of rape kits are sitting, un- ual assault should never see the bill for munities across the country to set up tested, in police departments and their rape kit exam, let alone pay any diabetes prevention programs—on In- crime labs around the country. That is upfront costs. dian reservations, in rural areas, and hundreds of thousands of women who Fourth, this bill will train more urban centers. Ultimately, health in- have not seen justice. That is countless health professionals to administer rape surance companies will be reimbursing assailants still free and countless new kit exams. If survivors of sexual as- for these services because prevention assaults that have occurred because of sault are lucky enough to have their saves money and it saves lives. this. The New York Times recently rape kit processed, it is important to This is an investment in our Nation’s highlighted a case which occurred ensure it is not declared inadmissible future. I look forward to working with years after the passage of The Debbie in court due to faulty evidence collec- my colleagues to enact this important Smith Act where a rapist struck twice tion. legislation. while the rape kit for one of his earlier Lastly, this bill will provide funds for victims sat unprocessed at a State a study on the availability of trained By Mr. FRANKEN (for himself, crime lab. Sadly, that lab’s four month health professionals to administer rape Mr. GRASSLEY, Mrs. FEINSTEIN, processing delay was one of the short- kit exams at Indian Health Services fa- and Mr. HATCH): est in the state. cilities. Recent studies have shown S. 2736. A bill to reduce the rape kit When rape kits are not tested, rapists that Native American women suffer a backlog and for other purposes; to the are not caught. When rape kits are not disproportionately high amount of sex- Committee on the Judiciary. tested, more women are raped. Having ual violence, and we need to make sure Mr. FRANKEN. Mr. President, sexual a backlog of thousands of kits endan- that IHS has the proper resources it assault is a heinous crime. It is also a gers our communities and sends a clear needs to serve survivors. startlingly common one. Last year, message to perpetrators and survivors We have waited too long to address 90,000 people were raped. We as a Na- of sexual violence: that cases of sexual the rape kit backlog in the United tion have an obligation to help the sur- assault are not a priority. Unfortu- States to the detriment of survivors vivors of sexual assault—by providing nately, because our Nation lacks any and our communities. It is time to ag- them prompt medical attention, and by mechanism to track rape kit backlogs, gressively clear rape kit backlogs and bringing their assailants to justice. we have no way of knowing the full put rapists where they belong: off our Thanks to modern technology, we scope of this rape kit backlog and the streets and behind bars. With the Fed- have an unparalleled tool to bring sex- national tragedy that it causes. eral Government beginning to collect ual predators to justice: forensic DNA The Justice for Survivors of Sexual more DNA samples from convicted, analysis. Using the DNA evidence col- Assault Act of 2009, which I am intro- non-violent offenders and dozens of lected in a rape kit, a police depart- ducing today with Senator GRASSLEY, State governments following its lead ment can conclusively identify an as- Senator FEINSTEIN, and Senator HATCH, inaction now would mean that rape sailant—even when the survivor cannot addresses the national rape kit backlog kits wait longer on the shelf, rape sur- visually identify her attacker. When and several other problems that work vivors wait longer for justice, and rap- DNA collected in rape kits matches ex- to deny justice to survivors of sexual ists spend more time on the streets. isting DNA records, police can quickly assault. These include the denial of Survivors of sexual assault do not de- capture habitual rapists before they free rape kits to survivors of sexual as- serve this. They deserve justice. I want strike again. Rape kit DNA evidence is sault, and the shortage of trained to continue Congress’s work in trying survivors’ best bet for justice. It is also health professionals capable of admin- to address this issue. In doing so, I fol- communities’ best bet for public safe- istering rape kit exams. low in the footsteps of people like Vice ty. First, this bill will create strong fi- President BIDEN and Chairman LEAHY, Unfortunately, we have failed to nancial incentives for states to clear who have consistently and powerfully make adequate use of DNA analysis. In their rape kit backlogs once and for championed sexual assault survivors 1999, a study commissioned by the Na- all. This bill will reward states who within the Senate Judiciary Com- tional Institute of Justice estimated make progress in clearing up their rape mittee and on the floor of the Senate. that there was a backlog of over 180,000 kit backlog and start processing their I ask that my colleagues join Senator untested rape kits. In 2004, responding incoming rape kits in a timely manner. GRASSLEY, Senator FEINSTEIN, Senator to studies like this one, then-Senator It will penalize those that don’t, while HATCH, and me in supporting the Jus- BIDEN, Chairman LEAHY and others allowing them the opportunity to re- tice for Survivors of Sexual Assault worked to pass the Debbie Smith Act, gain any lost funds. Having a backlog Act of 2009. a law named after a rape survivor is not an impossible situation to rem- Mr. President, I ask unanimous con- whose backlogged rape kit was tested edy. In just a few years, the city of New sent that the text of the bill be printed six years after her assault. That act York cleaned up their rape kit backlog, in the RECORD.

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.035 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11214 CONGRESSIONAL RECORD — SENATE November 5, 2009 There being no objection, the text of serting ‘‘to eliminate a rape kit backlog and cent of the otherwise applicable allocation the bill was ordered to be printed in to ensure that DNA analyses of samples from to the State or unit of local government if the RECORD, as follows: rape kits are carried out in a timely man- the State or unit of local government re- ner.’’; duced the rape kit backlog by not less than S. 2736 (2) in subsection (b)— 50 percent, as compared to the date of enact- Be it enacted by the Senate and House of Rep- (A) paragraph (6), by striking ‘‘and’’ at the ment of this subsection. resentatives of the United States of America in end; ‘‘(ii) 75 PERCENT REDUCTION.—For any fiscal Congress assembled, (B) in paragraph (7), by striking the period year beginning after the date of enactment SECTION 1. SHORT TITLE. at the end and inserting a semicolon; and of this subsection— This Act may be cited as the ‘‘Justice for (C) by adding at the end the following: ‘‘(I) a State or unit of local government Survivors of Sexual Assault Act of 2009’’. ‘‘(8) if the State or unit of local govern- that has received additional funds under SEC. 2. FINDINGS. ment has a rape kit backlog, include a plan clause (i) in any previous fiscal year shall re- Congress finds the following: to eliminate the rape kit backlog that in- ceive an allocation under this section in an (1) Rape is a serious problem in the United cludes performance measures to assess amount equal to 110 percent of the otherwise States. progress of the State or local unit of govern- applicable allocation to the State or unit of (2) The Department of Justice reports that ment toward a 50 percent reduction in the local government if the State or unit of local in 2006, there were an estimated 261,000 rapes rape kit backlog over a 2-year period; and government reduced the rape kit backlog by and sexual assaults, and studies show only 1⁄3 ‘‘(9) specify the portion of the amounts not less than 75 percent, as compared to the of rapes are reported. made available under the grant under this date of enactment of this subsection; and (3) The collection and testing of DNA evi- section that the State or unit of local gov- ‘‘(II) a State or unit of local government dence is a critical tool in solving rape cases. ernment shall use for the purpose of DNA that has not received additional funds under Law enforcement officials using the Com- analyses of samples from untested rape clause (i) in any previous fiscal year shall re- bined DNA Index System have matched un- kits.’’; ceive an allocation under this section in an known DNA evidence taken from crime (3) in subsection (f)— amount equal to 120 percent of the otherwise scenes with known offender DNA profiles in (A) in paragraph (1), by striking ‘‘and’’ at applicable allocation to the State or unit of the State and National DNA database 2,371 the end; local government if the State or unit of local times. (B) by redesignating paragraph (2) as para- government reduced the rape kit backlog by (4) Despite the availability of funding graph (3); and not less than 75 percent, as compared to the under the amendments made by the Debbie (C) by inserting after paragraph (1) the fol- date of enactment of this subsection. Smith Act of 2004 (title II of Public Law 108– lowing: ‘‘(iii) 95 PERCENT REDUCTION.—For any fis- 405; 118 Stat. 2266) there exists a significant ‘‘(2) the amount of funds from a grant cal year beginning after the date of enact- rape kit backlog in the United States. under this section expended for the purposes ment of this subsection— (5) A 1999 study commissioned by the Na- of DNA analyses for untested rape kits; ‘‘(I) a State or unit of local government tional Institute of Justice estimated that and’’; and that has received additional funds under there was an annual backlog of 180,000 rape (4) by striking subsection (i) and inserting clause (ii) in any previous fiscal year shall receive an allocation under this section in an kits that had not been analyzed. the following: amount equal to 110 percent of the otherwise (6) No agency regularly collects informa- ‘‘(i) DEFINITIONS.—In this section: applicable allocation to the State or unit of tion regarding the scope of the rape kit ‘‘(1) RAPE KIT.—The term ‘rape kit’ means local government if the State or unit of local backlog in the United States. DNA evidence relating to— government reduced the rape kit backlog by (7) Certain States cap reimbursement for ‘‘(A) sexual assault (as defined in section 40002(a) of the Violence Against Women Act not less than 95 percent, as compared to the rape kits at levels that are less than 1⁄2 the date of enactment of this subsection; average cost of a rape kit in those States. of 1994 (42 U.S.C. 13925(a))); or ‘‘(II) a State or unit of local government Yet, section 2010 of title I of the Omnibus ‘‘(B) conduct described in section 2251, that has received additional funds under Crime Control and Safe Streets Act of 1968 2251A, or 2252 of chapter 110 of title 18, clause (i) in any previous fiscal year, and has (42 U.S.C. 3796gg–4) requires that in order to United States Code, regardless of whether the conduct affects interstate commerce. not received additional funds under clause be eligible for grants under part T of the Om- (ii) in any previous fiscal year, shall receive nibus Crime Control and Safe Streets Act of ‘‘(2) RAPE KIT BACKLOG.—The term ‘rape kit backlog’ means untested rape kits that are an allocation under this section in an 1968 (42 U.S.C. 3796gg et seq.) (commonly amount equal to 120 percent of the otherwise known as ‘‘STOP Grants’’) States shall ad- in the possession or control of— ‘‘(A) a law enforcement agency; or applicable allocation to the State or unit of minister rape kits to survivors free of charge local government if the State or unit of local or provide full reimbursement. ‘‘(B) a public or private crime laboratory. ‘‘(3) STATE.—The term ‘State’ means a government reduced the rape kit backlog by (8) There is a lack of sexual assault nurse not less than 95 percent, as compared to the examiners and health professionals who have State of the United States, the District of Columbia, the Commonwealth of Puerto date of enactment of this subsection; and received specialized training specific to sex- ‘‘(III) a State or unit of local government ual assault victims. Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern that has not received additional funds under SEC. 3. PURPOSE. Mariana Islands. clause (i) or (ii) in any previous fiscal year The purpose of this Act is to seek appro- ‘‘(4) UNTESTED RAPE KIT.—The term ‘un- shall receive an allocation under this section priate means to address the problems sur- tested rape kit’ means a rape kit collected in an amount equal to 130 percent of the oth- rounding forensic evidence collection in from a victim that— erwise applicable allocation to the State or cases of sexual assault, including rape kit ‘‘(A) has not undergone forensic analysis; unit of local government if the State or unit backlogs, reimbursement for or free provi- and of local government reduced the rape kit sion of rape kits, and the availability of ‘‘(B) for a combined total of not less than backlog by not less than 95 percent, as com- trained health professionals to administer 60 days, has been in the possession or control pared to the date of enactment of this sub- rape kit examinations. of— section. SEC. 4. RAPE KIT BACKLOGS. ‘‘(i) a law enforcement agency; or ‘‘(B) TIMELY PROCESSING.—For the first fis- (a) ADDITIONAL PROTOCOL REQUIREMENT FOR ‘‘(ii) a public or private crime labora- cal year beginning after the date of enact- RECEIVING EDWARD BYRNE GRANTS.—Section tory.’’. ment of this subsection, and each fiscal year 502 of title I of the Omnibus Crime Control (c) ADJUSTING BYRNE GRANT FUNDS FOR thereafter, a State or unit of local govern- and Safe Streets Act of 1968 (42 U.S.C. 3752) is COMPLIANCE AND NONCOMPLIANCE; STATIS- ment that, during the previous fiscal year, amended— TICAL REVIEW.—Section 505 of title I of the tested 95 percent of all rape kits collected (1) by redesignating paragraph (5) as para- Omnibus Crime Control and Safe Streets Act from a victim during that previous fiscal graph (6); and of 1968 (42 U.S.C. 3755) is amended by adding year not later than 60 days after the date the (2) by inserting after paragraph (4) the fol- at the end the following: rape kit was taken into the possession or lowing: ‘‘(i) ADJUSTING BYRNE GRANT FUNDS FOR control of a law enforcement agency of the ‘‘(5) A certification that the applicant has COMPLIANCE AND NONCOMPLIANCE.— State or unit of local government shall re- implemented a policy requiring all rape kits ‘‘(1) DEFINITION.—In this subsection the ceive an allocation under this section in an collected by or on behalf of the applicant to term ‘date for implementation’ means the amount equal to 105 percent of the otherwise be sent to crime laboratories for forensic last day of the second fiscal year beginning applicable allocation to the State or unit of analysis.’’. after the date of enactment of this sub- local government. (b) ADDITIONAL DEBBIE SMITH GRANT RE- section. ‘‘(3) WITHHOLDING OF GRANT FUNDS FOR NON- QUIREMENTS; DEFINITIONS.—Section 2 of the ‘‘(2) ADDITIONAL FUNDS FOR COMPLIANCE.— COMPLIANCE.— DNA Analysis Backlog Elimination Act of ‘‘(A) REDUCTION OF RAPE KIT BACKLOG.— ‘‘(A) FAILURE TO REDUCE RAPE KIT BACK- 2000 (42 U.S.C. 14135) is amended— ‘‘(i) 50 PERCENT REDUCTION.—For any fiscal LOG.— (1) in subsection (a)(2), by striking ‘‘sam- year beginning after the date of enactment ‘‘(i) YEAR 1.—For the first fiscal year after ples from rape kits, samples from other sex- of this subsection, a State or unit of local the date for implementation, a State or unit ual assault evidence, and samples taken in government shall receive an allocation under of local government shall receive an alloca- cases without an identified suspect.’’ and in- this section in an amount equal to 110 per- tion under this section in an amount equal

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.062 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11215 to 90 percent of the otherwise applicable al- in the possession of, a covered law enforce- SEC. 6. SEXUAL ASSAULT NURSE EXAMINER location to the State or unit of local govern- ment agency. TRAINING. ment if the State or unit of local govern- ‘‘(B) SUBSEQUENT ANNUAL REPORTS.—The (a) DEFINITION.—Section 40002(a) of the Vi- ment— Director shall include, in the second report, olence Against Women Act of 1994 (42 U.S.C. ‘‘(I) has a rape kit backlog; under subparagraph (A), and each subsequent 13925(a)) is amended— ‘‘(II) received a grant under this subpart report, the percentage change in the number (1) by redesignating paragraphs (29) during each of the 2 previous fiscal years; of untested rape kits for each covered law through (37) as paragraphs (30) through (38), and enforcement agency, as compared to the pre- respectively; and ‘‘(III) has failed to reduce the rape kit vious year. (2) inserting after paragraph (28) the fol- backlog by not less than 50 percent, as com- ‘‘(4) PENALTY.—For fiscal year 2011, and lowing: pared to the date of enactment of this sub- each fiscal year thereafter, if a State or unit ‘‘(29) TRAINED EXAMINER.—The term section. of local government has received a grant ‘trained examiner’ means a health care pro- ‘‘(ii) YEAR 3.—For the third fiscal year be- under this subpart, and a covered law en- fessional who has received specialized train- ginning after the date for implementation, a forcement agency of the State or local gov- ing specific to sexual assault victims, includ- State or unit of local government shall re- ernment has failed to report the data re- ing training regarding gathering forensic ceive an allocation under this section in an quired under paragraph (2), the State or unit evidence and medical needs.’’. amount equal to 90 percent of the otherwise of local government shall receive an alloca- (b) ADDITIONAL PERSONNEL.—Section applicable allocation to the State or unit of tion under this section in an amount equal 2101(b) of title I of the Omnibus Crime Con- local government if the State or unit of local to 95 percent of the otherwise applicable al- trol and Safe Streets Act of 1968 (42 U.S.C. government— location to the State or unit of local govern- 3796hh(b)) is amended by adding at the end ‘‘(I) has a rape kit backlog; ment. the following: ‘‘(II) received a grant under this subpart ‘‘(14) To provide for sexual assault forensic ‘‘(k) DEFINITIONS.—In this section: during the previous fiscal year; and medical personnel examiners to collect and ‘‘(1) RAPE KIT.—The term ‘rape kit’ means preserve evidence, provide expert testimony, ‘‘(III) has failed to reduce the rape kit DNA evidence relating to— backlog by not less than 75 percent, as com- and provide treatment of trauma relating to ‘‘(A) sexual assault (as defined in section sexual assault.’’. pared to the date of enactment of this sub- 40002(a) of the Violence Against Women Act section. SEC. 7. SEXUAL ASSAULT NURSE AVAILABILITY of 1994 (42 U.S.C. 13925(a))); or AT INDIAN HEALTH SERVICES ‘‘(iii) YEARS 5, 7, AND 9.—For each of the ‘‘(B) conduct described in section 2251, STUDY. fifth, seventh, and ninth fiscal years begin- 2251A, or 2252 of chapter 110 of title 18, (a) STUDY.—The Comptroller General of ning after the date for implementation, a United States Code, regardless of whether the United States shall conduct a study of State or unit of local government shall re- the conduct affects interstate commerce. the availability of sexual assault nurse ex- ceive an allocation under this section in an ‘‘(2) RAPE KIT BACKLOG.—The term ‘rape kit aminers and trained examiners (as defined in amount equal to 90 percent of the otherwise backlog’ means untested rape kits that are section 40002(a) of the Violence Against applicable allocation to the State or unit of in the possession or control of— Women Act of 1994 (42 U.S.C. 13925(a)), as local government if the State or unit of local ‘‘(A) a law enforcement agency; or amended by this Act), at all Indian Health government— ‘‘(B) a public or private crime laboratory. Service facilities operated pursuant to con- ‘‘(I) has a rape kit backlog; ‘‘(3) UNTESTED RAPE KIT.—The term ‘un- tracts under the Indian Self-Determination ‘‘(II) received a grant under this subpart tested rape kit’ means a rape kit collected and Education Assistance Act (25 U.S.C. 450 during the previous fiscal year; and from a victim that— et seq.). ‘‘(III) has failed to reduce the rape kit ‘‘(A) has not undergone forensic analysis; (b) REPORT AND RECOMMENDATIONS.—Not backlog by not less than 95 percent, as com- and later than 1 year after the date of enactment pared to the date of enactment of this sub- ‘‘(B) for a combined total not less than 60 of this Act, the Comptroller General of the section. days, has been in the possession or control United States shall submit to the Committee ‘‘(B) TIMELY PROCESSING.—For the second of— on the Judiciary and to the Committee on fiscal year beginning after the date for im- ‘‘(i) a law enforcement agency; or Indian Affairs of the Senate and to the Com- plementation, and each fiscal year there- ‘‘(ii) a public or private crime labora- mittee on the Judiciary and the Committee after, a State or unit of local government tory.’’. on Natural Resources of the House of Rep- that, during the previous fiscal year, tested resentatives a report containing the findings less than 95 percent of the rape kits collected SEC. 5. RAPE KIT BILLING. of the study conducted under subsection (a), from a victim during that previous fiscal (a) COORDINATION WITH REGIONAL HEALTH and recommendations for improving the year not later than 90 days after the date the CARE PROVIDERS.—Section 2010(a)(1) of title I availability of sexual assault nurse exam- rape kit was taken into the possession or of the Omnibus Crime Control and Safe iners and trained examiners (as defined in control of a law enforcement agency of the Streets Act of 1968 (42 U.S.C. 3796gg–4(a)(1)) is section 40002(a) of the Violence Against State or unit of local government shall re- amended by striking ‘‘assault.’’ and insert- Women Act of 1994 (42 U.S.C. 13925(a)), as ceive an allocation under this section in an amended by this Act). amount equal to 95 percent of the otherwise ing ‘‘assault and coordinates with regional applicable allocation to the State or unit of health care providers to notify victims of By Mr. BROWNBACK (for himself, sexual assault of the availability of rape local government. Mr. INHOFE, Mr. KYL, Mr. CORNYN, Mr. exams at no cost to the victims.’’. ‘‘(j) ANNUAL STATISTICAL REVIEW AND RE- LIEBERMAN, Mr. VITTER, and Mr. PORT.— (b) REPEAL OF REIMBURSEMENT OPTION.— BUNNING): ‘‘(1) IN GENERAL.—The Director of the Na- Effective 2 years after the date of enactment S. 2737. A bill to relocate to Jeru- tional Institute of Justice of the Department of this Act, section 2010(b) of title I of the salem the United States Embassy in of Justice (in this subsection referred to as Omnibus Crime Control and Safe Streets Act Israel, and for other purposes; to the the ‘Director’) shall conduct an annual com- of 1968 (42 U.S.C. 3796gg–4(b)) is amended— prehensive statistical review of the number (1) by striking paragraph (3); Committee on Foreign Relations. of untested rape kits collected by Federal, (2) in paragraph (1), by inserting ‘‘or’’ after Mr. BROWNBACK. Mr. President, I State, local, and tribal law enforcement ‘‘victim;’’; and rise today to introduce the Jerusalem agencies. (3) in paragraph (2), by striking ‘‘victims; Embassy Relocation Act of 2009. My ‘‘(2) REPORT OF DATA TO DIRECTOR.—Each or’’ and inserting ‘‘victims.’’. colleagues and I have sponsored this law enforcement agency of the Federal Gov- (c) PROVISION OF RAPE KITS REGARDLESS OF important piece of legislation in order ernment or of a State or unit of local govern- COOPERATION WITH LAW ENFORCEMENT.—Sec- to pave the way for the United States ment receiving a grant under this subpart (in tion 2010(d) of title I of the Omnibus Crime to correct a longstanding and—I be- this subsection referred to as a ‘covered law Control and Safe Streets Act of 1968 (42 lieve—dangerous deficiency in our dip- enforcement agency’) shall record and report U.S.C. 3796gg–4(d)) is amended by striking to the Director the number of untested rape lomatic relations and foreign policy. ‘‘(d) RULE OF CONSTRUCTION’’ and all that fol- kits administered by or on behalf of, or in For too long, our embassy in Israel has the possession or control of, the covered law lows through the end of paragraph (1) and in- been located in a different city than enforcement agency at the end of each fiscal serting the following: Jerusalem, which is the capital of year. ‘‘(d) NONCOOPERATION.— Israel according to longstanding Israeli ‘‘(3) REPORT TO CONGRESS AND THE ‘‘(1) IN GENERAL.—A State, Indian tribal and American law and practice. The STATES.— government, or unit of local government time has come to remove the barriers ‘‘(A) INITIAL REPORT.—Not later than 2 shall not be in compliance with this section that have encouraged this state of af- years after the date of enactment of this sub- unless the State, Indian tribal government, section, and annually thereafter, the Direc- or unit of local government complies with fairs to continue, and that is precisely tor shall submit to Congress and the States subsection (b) without regard to whether the what this legislation will do, by repeal- a report regarding the number of untested victim cooperates with the law enforcement ing the waiver included in the Jeru- rape kits administered by or on behalf of, or agency investigating the offense.’’. salem Embassy Act of 1995 that has

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.062 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11216 CONGRESSIONAL RECORD — SENATE November 5, 2009 been abused by the Executive Branch I and my fellow sponsors of this legis- support the National Liberty Memorial for 14 years. lation recognize that the Executive Act. Jerusalem is the spiritual center of Branch generally has discretion over the Jewish faith. First conquered by diplomatic arrangements. However, By Mr. UDALL, of New Mexico: King David more than 3000 years ago, when a waiver included for the limited S. 2741. A bill to establish telehealth there has always been a Jewish pres- purpose of national security becomes pilot projects, expand access to stroke ence there, a fact attested to by incal- perfunctory and contradicts the clear telehealth services under the Medicare culable archaeological evidence. Al- will of the Congress, the time has come program, improve access to ‘‘store-and- though at various times the Jewish to reevaluate the wisdom of such a forward’’ telehealth services in facili- people lost sovereignty in the land of waiver. This bill simply restores the ties of the Indian Health Service and Israel—to the Babylonians, Greeks, Ro- statutory effect of the Jerusalem Em- Federally qualified health centers, re- imburse facilities of the Indian Health mans, Byzantines, Ottomans, British— bassy Act, updating the timeline of fis- Service as originating sites, establish Jerusalem has never served as the cap- cal years required for action, but with- regulations to consider credentialing ital of any other political or religious out the waiver. and privileging standards for origi- entity in history. In every year during I urge my colleagues to support this nating sites with respect to receiving the nearly two thousand year exile in necessary and appropriate legislation. 70 A.D., Jews around the world con- telehealth services, and for other pur- cluded their Passover seder with the By Mr. DODD (for himself and poses; to the Committee on Finance. phrase, ‘‘Next Year in Jerusalem.’’ De- Mr. GRASSLEY): Mr. UDALL of New Mexico. Mr. spite the depths of despair to which the S. 2738. A bill to authorize National President, access to quality, affordable Jewish people descended throughout Mall Liberty Fund D.C. to establish a health care is an issue that impacts their long exile, Jerusalem always re- memorial on Federal land in the Dis- every American across our country. mained at the center of Jewish reli- trict of Columbia to honor free persons Whether someone is struggling to find gious life. and slaves who fought for independ- coverage for themselves or their family Since 1950, just two years after the ence, liberty, and justice for all during members, or searching in vain for a miraculous rebirth of the State of the American Revolution; to the Com- doctor who is accepting new patients, Israel, Jerusalem has served as Israel’s mittee on Energy and Natural Re- or giving advice to a friend who has capital. The seat of Parliament, Prime sources. just lost his job and, and as a result, Minister’s residence, and Supreme Mr. DODD. Mr. President, I rise his health insurance, no American is Court, all reside there, in addition to today to speak about the National Lib- spared. These problems hit particularly hard numerous ministries and government erty Memorial Act, a bill I am intro- buildings. American officials conduct in America’s rural communities. Resi- ducing with my colleague Senator business with Israeli officials in Jeru- dents there are more likely to be unin- GRASSLEY. This important legislation salem, in de facto recognition of the sured than their urban counterparts, would authorize the construction of a status of the city. The Jerusalem Em- have higher rates of chronic disease, memorial in Washington, DC honoring bassy Act of 1995, passed into law by an and are often forced to travel hundreds the African American patriots who overwhelming vote of Congress, stated of miles for preventive or emergency fought in the Revolutionary War. unequivocally as a matter of United care, if they can find it at all. For too long, the role these brave States policy that ‘‘Jerusalem should As we continue moving forward with Americans played in the founding of be recognized as the capital of the health care reform, we must make sure our Nation has been relegated to the State of Israel,’’ and ‘‘the United we do not leave our rural communities dusty back pages of history. Fortu- States Embassy in Israel should be es- behind. In my home State of New Mex- nately, historians are now beginning to tablished in Jerusalem no later than ico, for example, 30 of our 33 counties May 31, 1999. uncover their forgotten heroism, and are designated as medically under- This is our policy, yet for some rea- they estimate that more than 5,000 served. That is why I am please to in- son our embassy remains in Tel Aviv. slaves and free blacks fought in the troduce the Rural TECH Act of 2009, This is despite the fact that the gov- army, navy, and militia during the Rural Telemedicine Enhancing Com- ernment of Israel many times has de- Revolutionary War. They served and munity Health. Through this legisla- clared Jerusalem to be the eternal and struggled in major battles from Lex- tion, I propose that we use technology undivided capital of Israel, a policy re- ington and Concord to Yorktown, to connect experts with providers, fa- flected in American law. Such a state fighting side by side with white sol- cilities and patients in rural areas, and of affairs constitutes an ongoing af- diers. More than 400 of these brave to extend critical health care services front to the people of Israel who, under Americans hailed from my home state to underserved areas across the coun- international law, have the sovereign of Connecticut. try. right to choose the location of their More than 20 years ago, Congress au- Telehealth technology can help diag- capital. It also harms the interests of thorized a memorial to black Revolu- nose and treat patients, provide edu- American citizens living in Israel, who tionary War soldiers and sailors, those cation and training, and conduct com- face procedural and substantive harm who provided civilian assistance, and munity-based research. It uses video- as a result of the confusing diplomatic the many slaves who fled slavery or conferencing, the Internet, and structure that has arisen in place of a filed petitions to courts or legislatures handheld mobile devices to provide Jerusalem embassy. for their freedom. Unfortunately, the consultation and case reviews, direct The failure of the State Department group originally authorized to raise patient care and coordinate support to relocate the embassy is not only in- funds for and build the memorial was groups, for example. There are many convenient and inefficient, but also is unable to conclude its task, and there benefits with telehealth, including in- dangerous. The State Department’s re- remains no memorial to the important, creased access to education and care, fusal to acknowledge clear U.S. law and too often unacknowledged, con- such as connecting remote generalists and policy radicalizes Israel’s oppo- tributions made by these 5,000 Ameri- to urban specialists. This knowledge nents by creating the false hope that cans. bridge will help remote areas retain the U.S. would support the division of But a group of committed citizens health care providers, and improve the Jerusalem. Were the embassy to be has formed the Liberty Fund DC to continuity of care. it also would allow moved to Jerusalem, and Israel’s cap- complete this memorial and ensure patients to stay in their homes and ital respected in both American law that these patriots receive the tribute communities, rather than spend pre- and in practice, then Palestinians and they deserve here in our Nation’s cap- cious time and money to travel for Arab governments would have no ital. I am honored to work alongside treatment and care. In New Mexico, Dr. choice but to accept the unchanging re- them in completing this mission. Steve Adelsheim at the University of ality of Jerusalem, which is that The time has come to recognize the New Mexico has been using telehealth Israel, regardless of the political party sacrifice and the impact of the African during the past few months to provide or government in power, will not move Americans who fought for the birth of therapy to a Navajo teenager who is at its capital away from this city. our country. I urge my colleagues to high risk of suicide.

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.063 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11217 My bill would create three telehealth S. 2743. A bill to amend title 10, of the Cold War, quickly approaching, pilot projects, expand access to stroke United States Code, to provide for the Senator WEBB, Senator LINCOLN, Sen- telehealth services, and improve access award of a military service medal to ator LANDRIEU, and I invite our col- to ‘‘store-and-forward’’ telehealth serv- members of the Armed Forces who leagues to cosponsor this significant ices in Indian Health Service, IHS, and served honorably during the Cold War, legislation to honor our Cold War Vet- Federally Qualified Health Centers, and for other purposes; to the Com- erans. FQHCs. I’d like to tell you a bit about mittee on Armed Services. f each today. Ms. SNOWE. Mr. President, I rise First, the creation of three tele- today with my colleagues Senator SUBMITTED RESOLUTIONS health pilot projects. These projects WEBB, Senator LINCOLN, and Senator would analyze tie clinical heath out- LANDRIEU to introduce the Cold War comes and cost-effectiveness of tele- Medal Act of 2009. This legislation SENATE RESOLUTION 338—DESIG- health systems in medically under- would provide the authority for the NATING NOVEMBER 14, 2009, AS served and tribal areas. The first pilot secretaries of the military departments ‘‘NATIONAL READING EDU- project focuses on using telehealth for to award Cold War Service Medals to CATION ASSISTANCE DOGS DAY’’ behavioral health interventions, such the courageous American patriots who Mr. HATCH (for himself, Mr. BINGA- as post traumatic stress disorder. A for nearly half-a-century defended the MAN, Mrs. MCCASKILL, Mr. COCHRAN, second pilot project focuses on increas- Nation, and indeed, freedom-loving and Mr. RISCH) submitted the following ing the capacity of health care workers peoples throughout the world, against resolution; which was referred to the to provide health services in rural the advance of communist ideology. Committee on the Judiciary: areas, using knowledge networks like From the end of World War II to dis- S. RES. 338 New Mexico’s Project ECHO. And last- solution of the Soviet Union in 1991, Whereas reading provides children with an ly, I am proposing a pilot project for the Cold War veterans were in the van- essential foundation for all future learning; stroke rehabilitation using telehealth guard of this Nation’s defenses. They Whereas the Reading Education Assistance technology. manned the missile silos, ships, and Dogs (R.E.A.D.) program was founded in No- Second, we will expand access to aircraft, on ready alert status or on far vember of 1999 to improve the literacy skills telehealth services for strokes, a lead- off patrols, or demonstrated their re- of children through the mentoring assistance ing cause of death and long-term dis- solve in hundreds of exercises and oper- of trained, registered, and insured pet part- ner reading volunteer teams; ability. Travel time to hospitals and ations worldwide. The commitment, Whereas children who participate in the shortages of neurologists—especially in motivation, and fortitude of the Cold R.E.A.D. program make significant improve- rural areas—are among the barriers to War Veterans was second to none. ments in fluency, comprehension, con- stroke treatment. However, Primary Astonishingly, no medal exists to fidence, and many additional academic and Stroke Centers are not accessible for recognize the dedication of our patriots social dimensions; much of the population. For example, who so nobly stood watch in the cause Whereas the R.E.A.D. program now has an there is only one certified Primary of promoting world peace. Although active presence in 49 States, 3 provinces in Stroke Center in my State, at the Uni- there have been instances where med- Canada, Europe, Asia, and beyond with more als or ribbons, such as the Armed than 2,400 trained and registered volunteer versity of New Mexico Hospital. This teams participating and influencing thou- bill would connect many more resi- Forces Expeditionary Medal, Korean sands of children in classrooms and libraries dents with needed services. In New Defense Service Medal, and Vietnam across the Nation; Mexico alone, there are almost 173,000 Service Medal, have been issued, the Whereas the program has received awards Medicare beneficiaries who would gain vast majority of Cold War Veterans did and recognition from distinguished entities access to telestroke services. not receive any medal to pay tribute to including the International Reading Associa- Third, we will improve access to their dedication and patriotism during tion, the Delta Society, the Latham Founda- store-and-forward telehealth services. this extraordinary period in American tion, the American Library Association, and history. It is only fitting that these PBS Television; and These services allow rural health fa- Whereas the program has garnered enthu- cilities to hold and share transmission brave servicemembers who served hon- siastic coverage from national media, includ- of medical training, diagnostic infor- orably during this era receive the rec- ing major television networks NBC, CBS, mation and other data, which is impor- ognition for their efforts in the form of and ABC, as well as international television tant for remote areas. This bill also the Cold War Service Medal. and print coverage: Now, therefore, be it would allow IHS facilities to be reim- Specifically, the Cold War Service Resolved, That the Senate, in honor of the bursed as users of telehealth services. Medal Act of 2009 would allow the De- 10th anniversary of the R.E.A.D. program, Finally, it would establish regulations fense Department to issue a Cold War designates November 14, 2009, as ‘‘National Reading Education Assistance Dogs Day’’. for credentialing and privileging tele- Service Medal to any honorably dis- health providers at rural sites, saving charged veteran who served on active Mr. HATCH. Mr. President, I rise important resources and time as they duty for not less than two years or was today to submit a resolution regarding accept telehealth services from an area deployed for thirty days or more dur- the 10th Anniversary of the Reading of specialty. ing the period from September 2, 1945, Education Assistance Dogs, R.E.A.D., I am pleased to note that my bill is to December 26, 1991. In the case of program by designating November 14, supported by the University of New those veterans who are now deceased, 2009, as ‘‘National Reading Assistance Mexico Center for Telehealth and the medal could be issued to their fam- Dogs Day.’’ This is a nationwide pro- Cybermedicine Research, the American ily or representative, as determined by gram promoted by a number of organi- Telemedicine Association, and the the Defense Department. The bill zations throughout the U.S. and even Telehealth Leadership Initiative. In would also express the sense of Con- throughout countries around the world addition, it is supported by the New gress that the secretary of Defense as an innovative, successful approach Mexico Stroke Advisory Committee, should expedite the design of the medal aimed at assisting some of our nation’s the American Heart Association/Amer- and expedite the establishment and im- most vulnerable citizens, our children, ican Stroke Association, the American plementation mechanisms to facilitate learn how to read. Academy of Neurology, the American the issuance of the Cold War Service The R.E.A.D. program was the first Physical Therapy Association, the Medal. literacy program in the country to use American Occupational Therapy Asso- The award of the Cold War Service therapy animals as reading companions ciation, and the American Speech-Lan- Medal is supported by the American for children. This unique method pro- guage-Hearing Association. I want to Cold War Veterans, the American Le- vides children an opportunity to im- thank each of these groups for their gion, the Veterans of Foreign Wars, prove their reading skills in a com- support and encouragement. and many other veterans’ services or- fortable environment by reading aloud ganizations. to dogs. After 10 years of results, the By Ms. SNOWE (for herself, Mr. With November 9, 2009, the 20th anni- program has proven to be incredibly WEBB, Mrs. LINCOLN, and Ms. versary of the fall of the Berlin Wall successful in helping children who are LANDRIEU): which marked the beginning of the end struggling with this most-crucial and

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But the terrorist surveil- program that fills a vital place in the mittee in the 109th Congress by a vote lance program presented the sharpest spectrum of a child’s literary education of 12 to 6 and the 110th Congress by a conflict—perhaps the sharpest conflict and with over 2,400 voluntary therapy vote of 11 to 8. between congressional authority, under teams around the world, it would be an The basis for the legislative action is article I, with the Foreign Intelligence understatement to say this program on the recognized authority of Con- Surveillance Act establishing the ex- has not touched and improved thou- gress to establish administrative mat- clusive way to conduct wiretaps and sands of young lives. ters for the Court. For example, the the President’s article II powers as Over the span of the previous 10 Congress determines how many Jus- Commander in Chief to conduct years, this is an achievement that is tices there will be—nine; the Congress warrantless wiretaps. virtually impossible to measure, yet determines how many Justices are re- The Supreme Court denied hearing today, as small token of my own per- quired for a quorum—six; the Congress the case of the survivors of victims of sonal appreciation, I submit a resolu- determines that the Court will begin 9/11 against Saudi Arabia, even though tion that would designate Saturday, its operation on the first day of Octo- congressional mandate is clear that November 14, 2009, as National Reading ber; the Congress has set time limits. sovereign immunity does not apply to Education Assistance Dogs Day. Once The shift in the resolution for urging foreign government officials. agreed to, this resolution will recog- the Court is to take a milder approach Just in the past few years, the Su- nize the thousands of lives that have to avoid a confrontation and to avoid a preme Court has decided cases of enor- been touched as a direct result of this possible constitutional clash on the mous importance. A few illustrate the initiative. I am grateful to be the spon- separation of powers. proposition: The Court did decide cut- sor of a resolution recognizing such an There is no doubt that the Court ting-edge issues on whether local accomplishment and am joined by Sen- would have the last word if the Con- school districts may fulfill the promise ators BINGAMAN, MCCASKILL, COCHRAN, gress required live television coverage. of Brown v. Board of Education by tak- and RISCH in this effort. I commend And, as I say, there are analogous ad- ing voluntary remedial steps to main- Intermountain Therapy Animals, a ministrative matters which the Con- tain integrated schools; whether public nonprofit organization based in Utah, gress does control. But as a first step, universities may consider race when for first launching this program just today the resolution urges the Court to evaluating applicants for admission in ten short years ago. Therefore, in addi- open its proceedings for live television order to ensure diversity within their tion to the numerous news stories, tel- coverage. student bodies; whether citizens have a evision programs, and awards high- The thrust of this resolution is that constitutional right to own guns; lighting the value and benefit of this the Court should be televised, just as whether States may exercise the power program, I urge my Senate colleagues the Senate is televised, just as the of eminent domain to take a personal and every American to join me in rec- House is televised, to familiarize the residence in order to make room for ognizing 10 successful years of the American people with what the Court commercial development. R.E.A.D. program with hopes of many does. The average person knows very The Court has also declined to hear more years of success to come. little about what the Court does. cases involving splits—that is, dif- The Supreme Court itself has held ferences of judgment—between dif- f that newspapers have a right to be in a ferent courts of appeals. It is not an ef- SENATE RESOLUTION 339—TO EX- courtroom. In an electronic age, tele- fective administration of the judicial PRESS THE SENSE OF THE SEN- vision and radio ought to have the system if the case may be decided dif- ATE IN SUPPORT OF PERMIT- same standing. ferently depending on whether a person TING THE TELEVISING OF SU- The importance of the Court is seen litigates in the First Circuit or in the PREME COURT PROCEEDINGS in the scope of the cases which they de- Eleventh Circuit and then the district Mr. SPECTER (for himself, Mr. cide and the kinds of cases which they courts, where the circuit has not ruled, KAUFMAN, Mr. CORNYN, Mr. FEINGOLD, do not decide. For example, the Court speculate as to what the court of ap- Mr. DURBIN, Ms. KLOBUCHAR, Mr. makes a determination on life, a wom- peals would have decided. WHITEHOUSE, and Mr. SCHUMER) sub- an’s right to choose, makes a deter- We had a confirmation hearing yes- mitted the following resolution; which mination on the application of the terday with Judge Vanaskie of the was referred to the Committee on the death penalty, a determination on civil Middle District of Pennsylvania. I Judiciary: rights, on Guantanamo, on wireless asked him if he had seen situations where there were circuit splits, but S. RES. 339 wiretapping, on congressional author- ity, on Executive authority. your circuit hasn’t decided, and how do Resolved, The Court is the final word since you handle that case. Judge Vanaskie SECTION 1. SENSE OF THE SENATE. 1803, in the case of Marbury v. Madison, pointed out that was very problematic. It is the sense of the Senate that the Su- preme Court should permit live television when the Court decided the Court There are major matters where the Su- coverage of all open sessions of the Court un- would be the final word. That was the preme Court has left these circuit less the Court decides, by a vote of the ma- statement of Chief Justice Marshall, splits standing. For example, whether jority of justices, that allowing such cov- and it has stood for the life of our jurors may consult the Bible during erage in a particular case would constitute a country. I believe it is a sound judg- their deliberations in a criminal case, violation of the due process rights of 1 or ment for the Supreme Court to have whether a civil lawsuit must be dis- more of the parties before the Court. the final word. But if the Framers were missed predicated on state secret, Mr. SPECTER. Mr. President, I have to rewrite the Constitution, I think the whether the spouse of a U.S. citizen re- sought recognition to introduce a Court would now be article I instead of mains eligible for an immigration visa sense-of-the-Senate resolution urging the Congress being article I, and the after the citizen dies, whether an em- the Supreme Court to permit live tele- executive branch—the President—being ployee who alleges that he or she was vision coverage of its open proceedings. article II. unlawfully discriminated against for This is different from previous legisla- It is also important to note what the claiming benefits or exercising other tion which I have introduced which Court does not decide. The Court de- rights under an employer-sponsored would require the Court to permit live clined to hear the terrorist surveil- health care or pension plan, or when television coverage. lance program. That warrantless wire- does a collective bargaining agreement I offer this resolution on behalf of tap program was found unconstitu- confer on retirees the right to lifetime Senator CORNYN, Senator KAUFMAN, tional by the Federal court in Detroit. health care benefits? may a Federal Senator FEINGOLD, Senator DURBIN, It was reversed by the Sixth Circuit court toll the statute of limitations in Senator KLOBUCHAR, Senator Court of Appeals on standing ground, a suit brought under the Federal Tort WHITEHOUSE, and Senator SCHUMER. with a very vigorous and better rea- Claims Act? The previous bills, which would have soned dissent. Standing is a very flexi- These are illustrative of very impor- required the Supreme Court to open its ble doctrine and usually made when tant decisions which the Supreme proceedings to live television coverage, the Court simply doesn’t want to take Court does not decide. Congress can’t

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There is little view, if the Court were accountable for her colleagues on the Supreme Court. public understanding about the Supreme not handling such cases, I think the Justice Alito said, in the Third Cir- Court’s role even though it decides major Court might well take a different view. cuit, there was a debate and he argued issues such as a woman’s right to choose, the It is not as if the Court is too busy to we should do it; that is, televise it. He death penalty, civil rights, 2nd Amendment hear these cases. Take a brief survey of said: I would keep an open mind on the gun rights, and the scope of Congress’s Arti- the Court’s docket. In 1886, there were subject with respect to the Supreme cle I power and the President’s Article II 1,396 cases on the Supreme Court dock- Court. power. The fact is the Justices frequently The Court declines to hear many impor- et. It decided 451. In 1926, there were 223 tant cases where conflicting decisions are signed opinions. So it was down from appear on television on their own. For rendered by different Circuit Courts of Ap- 451 in 1886 to 223 in 1926. Then by 1987, example, Chief Justice Roberts and peals. That results in different treatment for it was down to 146. In 2007, the Court Justice Stevens appeared on interviews different litigants depending on what Circuit heard argument in only 75 cases and on ABC’s ‘‘Prime Time.’’ Justice Gins- their case is brought. It leaves uncertainty issued only 67 signed opinions. So it is burg has appeared on CBS News. Jus- in other Circuits since there is a question perfectly clear that the Court’s docket, tice Breyer has been on ‘‘FOX News about which Circuit precedent should be fol- Sunday.’’ Justices Scalia and Thomas lowed. with the four clerks—which each one of The Court has time to resolve Circuit the Supreme Court Justices has—could have appeared on CBS’s ‘‘60 Minutes.’’ splits and hear many other important cases well accommodate a more vigorous All the Justices appeared for inter- which it declines since its docket is so light workload. views that C–SPAN recently aired dur- compared to prior years. In 1886, the Su- In the written statement that I will ing its ‘‘Supreme Court Week.’’ preme Court decided 451 of the 1,309 cases on include when I finish these extempo- Public opinion polls are strongly in its docket. In 1926, the Court issued 223 raneous remarks, I have cited several favor of having the Supreme Court signed opinions. In the first year of the recent cases where the Court has not televised. There have been numerous Rehnquist Court, 1987, the Court issued 146 editorials in support, and recently the opinions. During the 2007 term, the Court followed well-established precedent. held argument in 75 cases and issued 67 Well, they have the authority to over- Supreme Court of the United Kingdom signed opinions. rule their own precedents, but it is opened its proceedings for television. Few Americans have any real opportunity something the public ought to have an That is a very brief statement of a to observe its proceedings. Most who visit idea on and an understanding of. more expansive statement, which I the Court for an oral argument will be al- I think this is a particularly good have prepared, and I think the reasons lowed only a three-minute seating, if they time for the Court to consider tele- for opening the Court are over- are seated at all. Recently, the UK’s highest whelming. In a Democratic society, court decided to allow TV cameras into its vising itself under the resolution urg- courtroom. A recent C–SPAN poll reveals ing them to be televised since Justice there should be transparency at all lev- that two-thirds of Americans support tele- Souter recently left the Court. Justice els of government. The judicial inde- vising the Court’s proceedings. Souter made the famous statement pendence of the Supreme Court is of This Sense of the Senate Resolution differs that if the Supreme Court were to be vital importance to be maintained, and from previous legislative proposals in urging televised, the cameras would roll in they have life tenure, but there is no rather than requiring the Supreme Court to permit TV coverage. While there is substan- over his dead body. The members of the reason why the American people should not understand what they are doing. tial authority for Congress to require such Supreme Court are very concerned coverage based on analogous administrative about what their fellows think, and it The American people should under- matters, we believe the milder approach may well have been that in light of a stand that when they take a case such should be followed first which may draw a fa- strenuous objection by Justice Souter, as Bush v. Gore, where there is a chal- vorable response and would avoid any pos- when he was on the Court, that would lenge on the counting of the votes in sible confrontation. have tipped the scales. But listen to Florida and where Justice Scalia says If you have any questions or wish to co- sponsor this Resolution, please contact the what the Justices have had to say on there would be irreparable harm in al- lowing the votes in Florida to be undersigned or have your staff contact Mat- the issue of televising the Supreme thew Wiener (extension 4–6598) or Matthew Court. counted because it might undermine Johnson (extension 4–7840). I have made it a practice to question the legitimacy of the new administra- Sincerely, the nominees for the Supreme Court to tion, the American people ought to ARLEN SPECTER, get their views on television. Justice have maximum access to understand JOHN CORNYN. Paul Stevens said: Literally hundreds what the Court is doing. The American Mr. SPECTER. Mr. President, I ask of people have stood in line for hours in people ought to have maximum access unanimous consent to have printed in order to hear oral argument only to be to know that the Supreme Court of the the RECORD an extensive floor state- denied admission because the court- United States declined to hear a deci- ment and that the CONGRESSIONAL room was filled. sion on whether the President had au- RECORD contain my introduction of the The practice is, if you can get in at thority to conduct warrantless wire- floor statement. Frequently, when the all, you stay for 3 minutes and then taps. The American people ought to floor statement occurs right after the you are ushered out to let other people know that all these circuit splits re- oral extemporaneous comments, the in because it is a small chamber. main unresolved at a time when the reader may wonder why the speaker is Justice John Paul Stevens said: Tele- workload and the agenda and the dock- repeating himself on so many of the vision in the Court is worth a try. et of the Supreme Court has declined same points. Justice Ruth Bader Ginsburg said: I enormously. So, I would like to have the full text don’t see any problem with having pro- Mr. President, I ask unanimous con- as to what I am saying now appear in ceedings televised. I think it would be sent to have printed in the RECORD at the CONGRESSIONAL RECORD so that it is good for the public. this point a ‘‘Dear Colleague’’ letter understandable why the long text ap- Justice Breyer said—at a time when signed by Senator CORNYN and myself. pears after so much of what has al- he was chief judge of the First Cir- There being no objection, the mate- ready been said. cuit—I voted in the judicial conference rial was ordered to be printed in the There being no objection, the mate- in favor of experimenting with tele- RECORD, as follows: rial was ordered to be printed in the vision in the courtroom. The judicial UNITED STATES SENATE, RECORD, as follows: conference made an analysis of tele- WASHINGTON, DC, Mr. President, I have sought recognition to vision—made a favorable recommenda- November 5, 2009. introduce a sense-of-the-Senate resolution DEAR COLLEAGUE: We write to ask for your tion—and some circuit courts and some urging the Supreme Court to permit tele- co-sponsorship on a Sense of the Senate Res- vision coverage of its open proceedings. lower courts have been televised. olution which urges the Supreme Court to I have previously introduced legislation on Justice Sotomayor, in her recent permit live television coverage of its open the subject. In the 109th Congress, I intro- confirmation hearing, said, referring to proceedings. This would provide a modest duced S. 1768, on behalf of myself and Sen- her experience with cameras in the level of transparency and accountability to ators Allen, Cornyn, Durbin, Feingold,

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G05NO6.038 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11220 CONGRESSIONAL RECORD — SENATE November 5, 2009 Grassley, Leahy, and Schumer. It would have press release announcing the Court’s opening that the American people were not entitled required the Court to permit television cov- reports that ‘‘proceedings will be routinely to watch the oral argument in the case that erage of its proceedings. On March 30, 2006, filmed and made available to broadcasters.’’ ultimately decided the Presidency? Or that the Committee on the Judiciary favorably (Supreme Court of the United Kingdom, reading a transcript or listening to an audio reported S. 1768 by a vote of 12 to 6. In the Press Release, Oct. 1, 2009.) The press release was an adequate substitute for watching the 110th Congress, I introduced an identical bill, cites the need for ‘‘transparen[cy]’’ and the oral argument? S. 344, on behalf of myself and Senators ‘‘crucial role’’ that television can play in Trends over the last few years show that Comyn, Durbin, Feingold, Grassley and ‘‘letting the public see how justice is done’’ the need for public scrutiny of the Court’s Schumer. On September 8, 2008, the Com- and ‘‘increase[ing] awareness of the UK’s work, which only television coverage can mittee favorably reported the bill by a vote legal system and the impact the law has on adequately provide, is now more important of 11 to 8. Early in this Congress I again in- people’s lives.’’ (Ibid.) When the Court held than ever. None is more significant than the troduced an identical bill, S. 446, this time its opening session just a few weeks ago, TV Court’s declining workload and willingness on behalf of myself and Senators Cornyn, cameras sat ‘‘discretely’’ in the corners of to leave important issues and circuit splits Durbin, Feingold, Grassley, Kaufman, the courtroom, according to the BBC. (BBC unresolved. Klobuchar, and Schumer. News, ‘‘Supreme Court hears first appeal,’’ The Court’s workload has steadily de- The resolution takes a more restrained and http://news.bbc.co.uk/2/hi/uklnews/8289949 clined. In 1870, the Court decided 280 of the modest approach than does S. 446 and its .stm.) Hopefully the experience of the United 636 cases on its docket; in 1880, 365 of the predecessors. It would do no more than Kingdom’s Supreme Court with television 1,202 cases on its docket; and in 1886, 451 of ‘‘urge’’ the Court to allow the television cov- coverage will encourage our Supreme Court the 1,396 cases on its docket. (E.g., Edward A. erage of its open proceedings (unless Court to follow suit. Hartnett, ‘‘Questioning Certiorari: Some Re- decides that television coverage would vio- My extensive floor statements of January flects on Seventy Five Years After the late a litigant’s due-process rights, which is 29, 2007, introducing S. 246, and February 13, Judges Bill,’’ 100 Colum. L. Rev. 1643, 1650 unlikely). 2009, introducing S. 446, set forth compelling (2006).) In 1926, the year Congress gave the I urge the Senate to pass this non-binding reasons for allowing television coverage of Court nearly complete control of its docket resolution rather than taking action on S. the Supreme Court’s open proceedings and by passing the Judiciary Act of 1925, the 446 at this time. My reason is not that S. 446 also explained why S. 445 is constitutional. Court issued 223 signed opinions. The Court’s may be unconstitutional. It is not. Congress’ (Cong. Record, Jan. 29, 2007, S831–34; Cong. output has declined significantly ever since. well-founded authority to regulate various Record, Feb. 13, 2009, S2332–36.) I laid out In the first year of the Rehnquist Court, the aspects of the Court’s activities—to fix the those reasons again on August 5, 2009, when Court issued 146 opinions; in its last year, number of Justices who sit on the Court I commented on the state of the Court dur- the Court issued only 74. (E.g., Kenneth W. (nine) and constitute a quorum (six), to set ing the floor debate on now-Justice Starr, ‘‘The Supreme Court and Its Shrink- the beginning of the Court’s term as the first Sotomayor’s nomination. (Cong. Record, ing Docket: The Ghost of William Howard Monday in October, and to establish the con- Aug. 5, 2009, S880006.) This statement summa- Taft,’’ 90 Minnesota Law Review 1363, 1367–68 tours of its appellate jurisdiction—would rizes the key points of and supplements my (2006).) sustain S. 446 against a constitutional chal- earlier statements. Chief Justice Rehnquist’s successor, John lenge. Rather, I have four prudential reasons My main point was this: The American Roberts, said during his confirmation hear- for proceeding with a non-binding resolution people have the right to observe the Court’s ing that the Court could and should take at this time: proceedings. But few Americans have any more cases. But it has not done so. During First, the Court’s most outspoken critic of meaningful opportunity to do so. There are the 2005 Term, it heard argument in 87 cases, television coverage, Justice Souter, has re- well less than a hundred oral arguments per and issued 69 signed opinions; during the 2006 tired. Justice Souter once said that the ‘‘day year. Even those who are able to visit the Term, it heard argument in 78 cases and you see a camera come into our courtroom, Court are not likely to see an argument in issued 68 signed opinions; and during the 2007 it’s going to roll over my dead body.’’ Sev- full. Most will be given just three minutes to Term, it heard argument in 75 cases and eral Justices have indicated their reluctance watch before they are shuffled out to make issued 67 signed opinions. The numbers were to permit television coverage in the face of room for others. In high-profile cases, most much the same during the recently con- opposition by a colleague. Justice Souter’s visitors will be denied even a three-minute cluded 2008 Term: The Court heard argument departure may lead his colleagues to revisit seating. There are not nearly enough seats in 78 cases and issued 75 signed opinions. A the issue. His replacement, Justice to accommodate the demand. Those who recent article in the Duke Law Journal notes Sotomayor, testified during her confirma- wish to follow the Court’s proceedings must that ‘‘[e]ven though it possess resources un- tion hearings that she had favorable experi- content themselves with reading the volumi- imaginable to its predecessors, including . . . ences with television coverage while sitting nous transcripts or listening to audiotapes a bevy of talented clerks, the Supreme Court on the court of appeals and that, if con- released at the end of the Court’s term. It decides only a trickle of cases.’’ The article firmed, she would share her experiences with should come as no surprise that, according goes on to observe that the ‘‘most striking her new colleagues. Some commentators to a recent C-SPAN poll, nearly two-third of feature of contemporary Supreme Court ju- have raised the possibility that Justice Americans favor televising the Court’s pro- risprudence is how little of it there is.’’ (Tra- Sotomayor will help convince her reluctant ceedings. cey E. George & Christopher Guthrie, ‘‘Re- colleagues that the time for television cov- The Court decides too many cutting-edge making the United States Supreme Court in erage has come. (E.g., Editorial, ‘‘Cameras in questions of monumental importance to the the Courts’ of Appeals Image,’’ 58 Duke Law the Court,’’ USA Today, July 13, 2009; Edi- American people—not just, as Justice Scalia Journal 1439, 1441–42 (2009).) torial, ‘‘Camera shy justice: The Supreme once suggested in opposing television cov- As Kenneth Starr has observed, Congress Court should be televised,’’ Pittsburgh Post erage, disputes between litigants—to deny gave the Supreme Court control over what Gazette, July 7, 2009; Editorial, ‘‘Supreme them a meaningful opportunity to observe cases it hears so it can focus on ‘‘two broad Court TV,’’ Los Angeles Times, June 11, its proceedings. Consider just some of the objectives: (i) to resolve important questions 2009.) No one knows, of course, what Justice issues the Court has decided in recent years: of law and (ii) to maintain uniformity in fed- Sotomayor will do. But we should at least whether local school districts may fulfill the eral law.’’ (Starr, supra, at 1364.) It is clear give the newly constituted Court some rea- promise of Brown v. Board of Education by that the Court has failed to meet either ob- sonable period of time to consider the issue. taking voluntary remedial steps to maintain jective and that only by putting its ‘‘shoul- Second, a non-binding resolution is likely integrated schools (Parents Involved in Com- der to the wheel and working] harder,’’ to to draw more support among Senators than a munity Schools v. Seattle School District quote Mr. Starr, can it ever hope to do so. statutory mandate, and it need not be passed No. 1, 551 U.S. 701 (2007)); whether public uni- (Id. at 1385.) by the House or signed by the President. versities may consider race when evaluating The Court continues to leave important There is no reason to enact a law if a resolu- applicants for admission in order to ensure issues unresolved. Recently it even refused tion will do. diversity within their student bodies to decide the constitutionality of the Bush Third, the Court may receive a non-binding (Grutter v. Bollinger, 539 U.S. 306 (2003), and Administration’s Terrorist Surveillance Pro- resolution more favorably than a statutory Gratz v. Bollinger, 539 U.S. 2344 (2003)); gram—commonly referred to as the mandate. The Court may perceive a mandate whether citizens have a constitutional right ‘‘warrantless wiretapping program.’’ This as an affront to its constitutional autonomy to own guns (District of Columbia v. Heller, program, which began soon after the 9–11 at- as a separate branch of government. Justice 128 S. Ct. 2783 (2008)); and whether states may tacks, operated in secret until The New York Kennedy suggested as much during testi- exercise the power of eminent domain to Times exposed it in 2005. Well-deserved pub- mony before a Congressional committee. It take a personal residence in order to make lic condemnation followed its exposure. In may even decide to ignore a mandate on the room for a commercial development (Kelo v. 2006, a federal district court declared the pro- ground that it violates the Constitution’s City of New London, 545 U.S. 469 (2005)). gram unconstitutional. A divided court of scheme of separation of powers. We need not And in 2000, of course, the Supreme Court appeals reversed on the ground that the provoke what might be an unnecessary con- decided what was perhaps the most impor- plaintiffs lacked standing to bring suit, stitutional challenge. tant—and certainly the most controversial— thereby leaving the merits unaddressed. In Fourth, the newly established Supreme question of all: who the next president of the 2008, the plaintiffs asked the Supreme Court Court of the United Kingdom has just de- United States would be (Bush v. Gore, 531 to hear case, but it declined. This year I in- cided to allow cameras in its courtroom. A U.S. 98 (2000)). Can anyone seriously contend troduced legislation (S. 877) to require the

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.080 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11221 Court to exercise jurisdiction over appeals VII of the Civil Rights Act of 1964, the em- SENATE RESOLUTION 340—EX- challenging the constitutionality of the Pro- ployer never bears the burden of proof no PRESSING SUPPORT FOR DES- gram. matter how compelling a showing of dis- IGNATION OF A NATIONAL VET- More recently, the Court refused to decide crimination the plaintiff makes, contrary to whether the Foreign Sovereign Immunities ERANS HISTORY PROJECT WEEK the Court’s thirty-year-old decision in Price Act shields Saudi Arabia and its officials TO ENCOURAGE PUBLIC PARTICI- from damages suits arising from their appar- Waterhouse v. Hopkins, 490 U.S. 228 (1989); PATION IN A NATIONWIDE ent complicity in the 9–11 terrorist attacks. and (3) Ashcroft v. Iqbal, which gave license PROJECT THAT COLLECTS AND Last year the United States Court of Appeals to district court judges to evaluate the PRESERVES THE STORIES OF for the Second Circuit ruled (incorrectly, in ‘‘plausibility’’ of a complaint’s allegations, THE MEN AND WOMEN WHO my view) that the Act immunizes them from contrary to well-established rules of plead- SERVED OUR NATION IN TIMES suit. The victims petitioned the Court for ings that date back at least fifty years to OF WAR AND CONFLICT certiorari. In its certiorari-stage brief, the Conley v. Gibson, 355 U.S. 41 (1957). Legisla- Solicitor General conceded that the Second tion to overturn each of these decisions is Mr. CRAPO (for himself and Mrs. Circuit had misinterpreted the Act. But late now pending. LINCOLN) submitted the following reso- last year the Court denied the petition with- lution; which was referred to the Com- out dissent and, as usual, without expla- Each of these examples reflects a second mittee on Veterans’ Affairs: nation. (In re Terrorist Attacks on Sep- recent trend: the Court’s bias in favor of cor- tember 11, 2001 (No. 08–640).) The result will porate interests over the public interest. S. RES. 340 be to deny legal redress to thousands of 9– This has been the subject of extensive com- Whereas the Veterans History Project was 11’s victims. mentary. One commentator, Professor Jef- established by a unanimous vote of the No less important, the Court also con- United States Congress to collect and pre- frey Rosen, has characterized the Court as tinues to leave too many circuit splits unre- serve the wartime stories of American vet- ‘‘Supreme Court, Inc.’’ as a result of its de- solved. The article in the Duke Law Journal erans; I cited a moment ago notes that the Roberts cidedly pro-business rulings. (Jeffrey Rosen, Whereas Congress charged the American Court ‘‘is unable to address even half’’ of the ‘‘Supreme Court, Inc.,’’ The New York Folklife Center at the Library of Congress to circuit splits ‘‘identified by litigants.’’ Times, Mar. 16, 2008.) Another, Professor undertake the Veterans History Project and (George and Guthrie, supra, at 1449.) Mr. Erwin Chemerinsky, has characterized the to engage the public in the creation of a col- Starr notes that the ‘‘Supreme Court by and current Court as the ‘‘most pro-business lection of oral histories that would be a last- large does not even pretend to maintain the Court of any since the mid–1930’s.’’ ing tribute to individual veterans and an uniformity of federal law.’’ (Starr, supra, at (Chemerinsky, ‘‘The Roberts Court at Age abundant resource for scholars; 1364.) Among the questions on which the cir- Three, 54 Wayne Law Review 947 (2008).) Whereas there are 17,000,000 wartime vet- cuits have recently split are: May jurors con- erans in America whose stories can educate sult the Bible during their deliberations in a A final point: While the Justices have so people of all ages about important moments criminal case and, if so, under what cir- far refused to appear on television during and events in the history of the United cumstances? Must a civil lawsuit predicated open courtroom proceedings, they have not States and the world and provide instructive on a ‘‘state secret’’ be dismissed? Does the been shy about appearing on television out- narratives that illuminate the meanings of spouse of a United States citizen remain eli- side the courtroom. Chief Justice Roberts ‘‘service’’, ‘‘sacrifice’’, ‘‘citizenship’’, and gible for an immigrant visa after the citizen and Stevens have appeared for interviews on ‘‘democracy’’; dies? Must an employee who alleges that he ABC’s ‘‘Prime Time,’’ Justice Ginsburg on Whereas the Veterans History Project re- was unlawfully discriminated against for CBS News, Justice Breyer on ‘‘Fox News lies on a corps of volunteer interviewers, claiming benefits or exercising other rights partner organizations, and an array of civic under an employer-sponsored healthcare or Sunday,’’ and Justices Scalia and Thomas on CBS’s ‘‘60 Minutes.’’ All of the Justices ap- minded institutions nationwide who inter- pension plan ‘‘exhaust administrative rem- view veterans according to the guidelines it peared for interviews that C-SPAN aired re- edies’’ (that is, first allow the plan to ad- provides; dress his claim) before filing suit in court? cently during its ‘‘Supreme Court Week’’ se- Whereas increasing public participation in When does a collective bargaining agreement ries. Justice Breyer and Auto even appeared the Veterans History Project will increase confer on retirees the right to lifetime on television to debate how the Court should the number of oral histories that can be col- healthcare benefits? May a federal court interpret the Constitution and statutes. We lected and preserved and increase the num- ‘‘toll’’ the statute of limitations in a suit cannot accept the Justices’ plea for anonym- ber of veterans it so honors; and brought against the federal government ity when they so regularly appear before the Whereas ‘‘National Veterans Awareness under the Federal Tort Claims Act if the camera. Week’’ commendably preceded this resolu- plaintiff establishes that the government tion in the years 2005 and 2006: Now, there- I note in conclusion that, since my last withheld information on which his claim is fore, be it based? Is a defendant convicted of drug traf- floor speech, the media has continued to call Resolved, That the Senate— ficking with a gun subject to additional pris- for the televising of the Supreme Court’s (1) recognizes ‘‘National Veterans Aware- on time under a penalty-enhancing statute, proceedings. At least a dozen editorials have ness Week’’; or is his sentence limited to the period of appeared during 2009 alone. (E.g., ‘‘Televised (2) supports the designation of a ‘‘National time provided for in the federal drug-traf- justice would be for all,’’ Boston Herald, Au- Veterans History Project Week’’; ficking law? When may a federal agency gust 7, 2009; ‘‘Cameras in the court,’’ USA (3) calls on the people of the United States withhold information in response to a FOIA Today, July 13, 2009; ‘‘Camera shy justice: to interview at least one veteran in their request or court subpoena on the ground that The Supreme Court should be televised,’’ families or communities according to guide- it would disclose the agency’s ‘‘internal de- lines provided by the Veterans History liberations.’’ Should a federal admiralty Pittsburgh Post Gazette, July 7, 2009; ‘‘Su- preme Court TV,’’ Los Angeles Times, June Project; and claim, to which a jury trial right does not (4) encourages local, State, and national 11, 2009.) One editorial writer, The National attach, be tried to a jury if it is joined with organizations, along with Federal, State, a non-admiralty claim? Law Journal’s Tony Mauro, makes the case city, and county governmental institutions, Two developments since I gave my last especially well, when he writes: ‘‘The Inter- to participate in support of the effort to doc- floor speech have served only to reinforce my net Age demands transparency from all in- ument, preserve, and honor the service of conclusion that public scrutiny must be stitutions all the time. Any government American wartime veterans. brought to bear on the Court. body that lags behind is in danger of losing The first is the Court’s well-documented f legitimacy, relevance and, at the very least, disregard of precedent, which the Court took public awareness. . . . It does not take a bat- SENATE RESOLUTION 341—SUP- to new levels during its 2008 Term. (E.g., tery of surveys to realize that the public will PORTING PEACE, SECURITY, AND Erwin Chemerinsky, ‘‘Forward, Supreme INNOCENT CIVILIANS AFFECTED Court Review,’’ 43 Tulsa L. Rev. 627 (2008).) learn and understand more about the Su- Consider three especially significant opin- preme Court . . . if its proceedings are on BY CONFLICT IN YEMEN ions handed down just this year: (1) 14 Penn view nationwide.’’ (‘‘Court, cameras, action! Mr. CARDIN (for himself and Mr. Plaza, LLC v. Pyett, which held that an em- Souter’s departure could clear the way for LUGAR) submitted the following resolu- ployee can be compelled to arbitrate a statu- far more transparency at the Supreme tion; which was referred to the Com- tory discrimination claim under a collec- Court,’’ USA Today, May 27, 2009.) A list of mittee on Foreign Relations: tively bargained-for arbitration clause to 2009 editorials, as compiled by C-SPAN, is S. RES. 341 which he or she did not consent, contrary to appended. the Court’s thirty-five-year-old decision in Whereas the people and government of Alexander v. Gardner-Denver Co., 415 U.S. 36 Television coverage of the Supreme Court Yemen currently face tremendous security (1974) ; (2) Gross v. FBL Financial Services, is long overdue. It is time for Congress to challenges, including the presence of a sub- Inc. (2009), which held that in age discrimina- act. I urge my colleagues to support the res- stantial number of al Qaeda militants, a re- tion cases, unlike cases brought under Title olution I am introducing today. bellion in the northern part of the country,

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.081 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11222 CONGRESSIONAL RECORD — SENATE November 5, 2009 unrest in southern regions, and piracy in the vance economic development and good gov- basic security, basic human rights, and Gulf of Aden; ernance in Yemen; their basic needs met. We need to stand Whereas these security challenges are (5) applauds steps that have been taken by with those who want to live in peace compounded by a lack of governance the President and the United Nations High and achieve improved living condi- throughout portions of the country; Commissioner for Refugees to assist dis- tions. I am especially concerned with Whereas this lack of governance creates a placed persons in Yemen; de facto safe haven for al Qaeda and militant (6) urges the Government of Yemen and the plight of those displaced by con- forces in regions of Yemen; rebel forces to immediately halt hostilities, flict in Yemen, and I applaud efforts Whereas Yemen also faces significant de- allow medical and humanitarian aid to reach taken by the Obama administration velopment challenges, reflected in its rank- civilians displaced by conflict, and create an and United Nations High Commissioner ing of 140 out of 182 countries in the United environment that will enable a return to for Refugees to assist these displaced Nations Development Program’s 2009 Human normal life for those displaced by the con- persons. I urge the Government of Development Index; flict; and Yemen and rebel forces to halt hos- Whereas Yemen is also confronted with (7) calls on the President and international tilities, allow medical and humani- limited and rapidly depleting natural re- community to use all appropriate measures tarian aid to reach civilians displaced sources, including oil, which accounts for to assist the people of Yemen to prevent over 75 percent of government revenue, and Yemen from becoming a failed state. by conflict, and create an environment 1 that will enable a return to normal life water, ⁄3 of which goes to the cultivation of Mr. CARDIN. Mr. President, today I for internally displaced persons in qat, a narcotic to which a vast number of would like to draw attention to a dan- Yemenis are addicted; Yemen. gerous situation that has implications Whereas government subsidies are contrib- I would like to thank the senior Sen- for the national security of the U.S. uting to the depletion of Yemen’s scarce re- ator from Indiana, who is the Ranking and our allies, a situation involving sources; Member of the Senate Foreign Rela- dire humanitarian circumstances, with Whereas the people of Yemen suffer from a tions Committee, for cosponsoring this over 150,000 displaced persons since lack of certain government services, includ- resolution on this important issue. ing a robust education and skills training 2004. I am speaking about the situation system; in Yemen. f Whereas the Department of State’s 2009 Senator LUGAR and I are introducing SENATE RESOLUTION 342—RECOG- International Religious Freedom Report a resolution supporting peace, security, NIZING NATIONAL AMERICAN IN- notes that nearly all of the once-sizeable and the innocent civilians affected by DIAN AND ALASKA NATIVE HER- Jewish population in Yemen has emigrated, conflict in Yemen. This resolution and, based on fears for the Jewish commu- ITAGE MONTH AND CELE- nity’s safety in the country, the United calls on the President and inter- BRATING THE HERITAGE AND States Government has initiated a special national community to use all appro- CULTURE OF AMERICAN INDIANS process to refer Yemeni Jews for refugee re- priate measures to prevent Yemen AND ALASKA NATIVES AND THE settlement in the United States; from becoming a failed state. CONTRIBUTIONS OF AMERICAN Whereas women in Yemen have faced en- The gravity of the challenges Yemen INDIANS AND ALASKA NATIVES trenched discrimination, obstacles in access- faces should not be ignored. To docu- TO THE UNITED STATES ing basic education, and gender-based vio- ment a few of these challenges: Yemen Mr. DORGAN (for himself, Mr. lence in their homes, communities, and is home to a substantial number of al- BARRASSO, Mr. BAUCUS, Mr. BEGICH, workplaces while little is done to enforce or Qaeda militants, a rebellion in the bolster the equality of women; Mr. BINGAMAN, Ms. CANTWELL, Mr. northern part of the country, unrest in Whereas these challenges pose a threat not CONRAD, Mr. CRAPO, Mr. FRANKEN, Mr. southern regions, and piracy in the only to the Republic of Yemen, but to the re- JOHNSON, Mr. MCCAIN, Mr. MERKLEY, Gulf of Aden. Yemen has limited and gion and to the national security of the Ms. MURKOWSKI, Mrs. MURRAY, Mr. United States; rapidly depleting natural resources in- TESTER, Mr. THUNE, Mr. UDALL of Colo- Whereas, to the extent that Yemen serves cluding oil, which accounts for over 75 rado, and MR. UDALL of New Mexico) as a base for terrorist operations and recruit- percent of government revenue, and submitted the following resolution; ment, these threats must be given sufficient water. Yemen is underdeveloped, rank- which was considered and agreed to: consideration in the global strategy of the ing 140th out of 182 countries in the United States to combat terrorism; United Nations Development Pro- S. RES. 342 Whereas this threat has materialized in Whereas from November 1, 2009, through the past, including the March 18 and Sep- gram’s 2009 Human Development Index. Thousands of Yemenis are currently November 30, 2009, the United States cele- tember 17, 2008, attacks on the United States brates National American Indian and Alaska Embassy in Sana’a and the October 12, 2000, displaced as a result of the ongoing Native Heritage Month; attack on the U.S.S. Cole while it was an- conflict between the Government of Whereas American Indians and Alaska Na- chored in the Port of Aden, as well as numer- Yemen and al-Houthi rebel forces. Re- tives are descendants of the original, indige- ous other terrorist attacks; gions of Yemen have a large degree of nous inhabitants of what is now the United Whereas the population of Yemen has suf- lawlessness; religious minorities—par- States; fered greatly from conflict and under- ticularly the Jewish population—have Whereas, in 2000, the United States Census development in Yemen; emigrated due to safety concerns; and Bureau reported that there were more than Whereas up to 150,000 civilians have fled 4,000,000 people in the United States of Amer- their homes in northern Yemen since 2004 in human rights violations persist. The U.S., the international commu- ican Indian and Alaska Native descent; response to conflict between Government of Whereas, on December 2, 1989, the Com- Yemen forces and al-Houthi rebel forces; and nity, and the people of Yemen must do mittee on Indian Affairs of the Senate held a Whereas the people and government of the all that we can to prevent Yemen from hearing exploring the contributions of the Ir- United States support peace in Yemen and becoming a failed state. Disrupting, oquois Confederacy, and its influence on the improved security, economic development, dismantling, and defeating al-Qaeda Founding Fathers in the drafting of the Con- and basic human rights for the people of and violent extremism requires a glob- stitution of the United States with the con- Yemen: Now, therefore, be it al strategy that includes preventing cepts of freedom of speech, the separation of Resolved, That the Senate— Yemen from serving as a base for ter- governmental powers, and checks and bal- (1) supports the innocent civilians in rorist operations conducted elsewhere. ances among the branches of government; Yemen, especially displaced persons, who Whereas the Senate has reaffirmed that a have suffered from instability, terrorist op- Americans and our allies are all too fa- major national goal of the United States is erations, and chronic underdevelopment in miliar with the dangers of terrorists to provide the resources, processes, and Yemen; operating unimpeded. The March 18 structure that will enable Indian Tribes and (2) recognizes the serious threat instability and September 17, 2008, attacks on the tribal members to obtain the quantity and and terrorism in Yemen pose to the security U.S. Embassy in Sana’a and the Octo- quality of health care services and opportu- of the United States, the region, and the pop- ber 12, 2000 attack on the U.S.S. Cole nities that will eliminate the health dispari- ulation in Yemen; remind us of this threat specifically in ties between American Indians and the gen- (3) calls on the President to give sufficient Yemen. eral population of the United States; weight to the situation in Yemen in efforts Aside from Yemen’s impact on the Whereas Congress recently reaffirmed its to prevent terrorist attacks on the United trust responsibility to improve the housing States, United States allies, and Yemeni ci- national security of America and our conditions and socioeconomic status of vilians; allies, we cannot ignore the tremen- American Indians and Alaska Natives by (4) calls on the President to promote eco- dous hardships many in Yemen cur- providing affordable homes in a safe and nomic and political reforms necessary to ad- rently endure. Yemenis deserve to have healthy environment;

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.076 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11223 Whereas, throughout its course of dealing Whereas approximately 14,000,000 visitors a SA 2732. Mr. JOHNSON (for himself and with Indian Tribes, the United States Gov- year from throughout the San Francisco Bay Mrs. HUTCHISON) proposed an amendment to ernment has engaged in a government-to- Area and beyond take advantage of the vast amendment SA 2730 proposed by Mr. JOHNSON government relationship with Tribes; and diverse District parklands and trails; (for himself and Mrs. HUTCHISON) to the bill Whereas the United States Government Whereas the vision of the District is to pre- H.R. 3082, supra. owes a trust obligation to Tribes, acknowl- serve the priceless heritage of the region’s SA 2733. Mr. JOHNSON submitted an edged in treaties, statutes, and decisions of natural and cultural resources, open space, amendment intended to be proposed to the Supreme Court, to protect the interests parks, and trails for the future, and to set amendment SA 2730 proposed by Mr. JOHNSON and welfare of tribal governments and their aside park areas for enjoyment and healthful (for himself and Mrs. HUTCHISON) to the bill members; recreation for current and future genera- H.R. 3082, supra; which was ordered to lie on Whereas American Indians and Alaska Na- tions; the table. tives have consistently served with honor Whereas the mission of the District is to SA 2734. Mr. JOHNSON submitted an and distinction in the Armed Forces of the acquire, develop, manage, and maintain a amendment intended to be proposed to United States, some as early as the Revolu- high quality, diverse system of inter- amendment SA 2730 proposed by Mr. JOHNSON tionary War, and continue to serve in the connected parklands that balances public (for himself and Mrs. HUTCHISON) to the bill Armed Forces in greater numbers per capita usage and education programs with the pro- H.R. 3082, supra; which was ordered to lie on than any other group in the United States; tection and preservation of the East Bay’s the table. Whereas American Indians and Alaska Na- most spectacular natural and cultural re- SA 2735. Mr. INOUYE (for himself, Mr. tives speak and preserve indigenous lan- sources; COCHRAN, and Mr. JOHNSON) submitted an guages and have contributed hundreds of Whereas an environmental ethic guides the amendment intended to be proposed to words to the English language, including the District in all that it does; amendment SA 2730 proposed by Mr. JOHNSON names of people and locations in the United Whereas in 1988, East Bay voters approved (for himself and Mrs. HUTCHISON) to the bill States; the passage of Measure AA, a $225,000,000 H.R. 3082, supra; which was ordered to lie on Whereas Congress has recognized Native bond to provide 20 years of funding for re- the table. American code talkers who served with gional and local park acquisition and devel- SA 2736. Mr. AKAKA (for himself and Mr. honor and distinction in World War I and opment projects; VOINOVICH) proposed an amendment to the World War II, using indigenous languages as Whereas in 2008, under the strategic leader- bill S. 806, to provide for the establishment, an unbreakable military code, saving count- ship of its Board of Directors and General administration, and funding of Federal Exec- less American lives; Manager Pat O’Brien, East Bay voters ap- utive Boards, and for other purposes. Whereas American Indians and Alaska Na- proved passage of the historic Measure WW, f tives are deeply rooted in tradition and cul- a $500,000,000 renewal of the original Measure ture, which drives their strength of commu- AA bond—the largest regional or local park TEXT OF AMENDMENTS nity; and bond ever passed in the United States; and SA 2726. Mr. DEMINT submitted an Whereas American Indians and Alaska Na- Whereas throughout 2009, the District’s amendment intended to be proposed by tives of all ages celebrate the great achieve- 75th Anniversary will be recognized through him to the bill H.R. 2847, making ap- ments of their ancestors and heroes and con- special events and programs: Now, therefore, tinue to share their stories with future gen- be it propriations for the Departments of erations: Now, therefore, be it Resolved by the Senate (the House of Rep- Commerce and Justice, and Science, Resolved, That the Senate— resentatives concurring), That Congress— and Related Agencies for the fiscal (1) recognizes the celebration of National (1) recognizes the 75th anniversary of the year ending September 30, 2010, and for American Indian and Alaska Native Heritage establishment of the East Bay Regional Park other purposes; which was ordered to Month during the month of November 2009; District; and lie ont he table; as follows: (2) honors the heritage and culture of (2) honors the board members, general At the appropriate place, insert the fol- American Indians and Alaska Natives and managers, and East Bay Regional Park Dis- lowing: the contributions of American Indians and trict staff who have dutifully fulfilled the SEC. ll. None of the funds appropriated Alaska Natives to the United States; and mission of protecting open space and pro- or otherwise made available by this Act may (3) urges the people of the United States to viding outdoor recreation opportunities for be used to support, prepare for, or otherwise observe National American Indian and Alas- generations of families in the East Bay. facilitate the transfer to or the detention in ka Native Heritage Month with appropriate f any State or territory of the United States programs and activities. AMENDMENTS SUBMITTED AND any individual who has detained as of Octo- f PROPOSED ber 1, 2009, at Naval Station, Guatanamo SENATE CONCURRENT RESOLU- Bay, Cuba. SA 2726. Mr. DEMINT submitted an amend- TION 47—RECOGNIZING THE 75TH ment intended to be proposed by him to the SA 2727. Mr. SHELBY submitted an ANNIVERSARY OF THE ESTAB- bill H.R. 2847, making appropriations for the amendment intended to be proposed by LISHMENT OF THE EAST BAY Departments of Commerce and Justice, and him to the bill H.R. 2847, making ap- REGIONAL PARK DISTRICT IN Science, and Related Agencies for the fiscal year ending September 30, 2010, and for other propriations for the Departments of CALIFORNIA AND FOR OTHER Commerce and Justice, and Science, PURPOSES purposes; which was ordered to lie on the table. and Related Agencies for the fiscal Mrs. BOXER (for herself and Mrs. SA 2727. Mr. SHELBY submitted an amend- year ending September 30, 2010, and for FEINSTEIN) submitted the following ment intended to be proposed by him to the other purposes; which was ordered to concurrent resolution; which was re- bill H.R. 2847, supra; which was ordered to lie lie on the table; as follows: on the table. ferred to the Committee on the Judici- On page 170 at the end of line 19 insert the SA 2728. Mr. REID submitted an amend- ary: following: ment intended to be proposed to amendment SEC. XXX. At the discretion of the Attor- S. CON. RES. 47 SA 2393 proposed by Mr. JOHANNS to the bill ney General, funds appropriated under the Whereas November 6, 2009, will mark the H.R. 2847, supra; which was ordered to lie on heading ‘‘Methamphetamine enforcement 75th anniversary of the historic passage of a the table. and cleanup’’ under funding for the Depart- ballot measure to create the East Bay Re- SA 2729. Mr. FEINGOLD submitted an ment of Justice in the Commerce, Justice, gional Park District (referred to in this pre- amendment intended to be proposed by him Science, and Related Agencies Appropria- amble as the ‘‘District’’) in California’s San to the bill H.R. 3082, making appropriations tions Act, 2009 (Public Law 108–11) to the Francisco Bay Area by a convincing ‘‘yes’’ for military construction, the Department of Blount, Dekalb, Etowah, Marshall, Marion, vote of a 21⁄2 to 1 margin in 1934 during the Veterans Affairs, and related agencies for Morgan, Pickens, Walker Counties, Alabama height of the Depression; the fiscal year ending September 30, 2010, and Drug Task Forces for the Anti-Methamphet- Whereas with the help of the Civilian Con- for other purposes; which was ordered to lie amine Project may be available to the servation Corps, the Works Progress Admin- on the table. Etowah County Drug Enforcement Unit for istration, and private contractors, the Dis- SA 2730. Mr. JOHNSON (for himself and the Dekalb, Etowah, Marshall, Marion, Mor- trict began putting people to work to estab- Mrs. HUTCHISON) proposed an amendment to gan, Pickens, Walker Counties, Alabama lish the District’s first 3 regional parks— the bill H.R. 3082, supra. Tilden, Temescal, and Sibley; SA 2731. Mr. BINGAMAN (for himself and Drug Task Forces and the Blount County Sheriffs Department. Whereas over the intervening 75 years, the Mr. UDALL, of New Mexico) submitted an District has grown to be the largest regional amendment intended to be proposed to park agency in the United States with near- amendment SA 2730 proposed by Mr. JOHNSON SA 2728. Mr. REID submitted an ly 100,000 acres of parklands spread across 65 (for himself and Mrs. HUTCHISON) to the bill amendment intended to be proposed to regional parks and over 1,100 miles of trails H.R. 3082, supra; which was ordered to lie on amendment SA 2393 proposed by Mr. in Alameda and Contra Costa Counties; the table. JOHANNS to the bill H.R. 2847, making

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.078 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11224 CONGRESSIONAL RECORD — SENATE November 5, 2009 appropriations for the Departments of MILITARY CONSTRUCTION, NAVY AND MARINE tions and detail tables, including the table Commerce and Justice, and Science, CORPS entitled ‘‘Military Construction Projects and Related Agencies for the fiscal For acquisition, construction, installation, Listing by Location’’ in the report accom- year ending September 30, 2010, and for and equipment of temporary or permanent panying this Act. other purposes; which was ordered to public works, naval installations, facilities, MILITARY CONSTRUCTION, ARMY NATIONAL and real property for the Navy and Marine lie on the table; as follows: GUARD Corps as currently authorized by law, includ- For construction, acquisition, expansion, At the end of the amendment, add the fol- ing personnel in the Naval Facilities Engi- rehabilitation, and conversion of facilities lowing: neering Command and other personal serv- for the training and administration of the The provisions of the amendment shall be- ices necessary for the purposes of this appro- Army National Guard, and contributions come effective one day after enactment. priation, $3,548,771,000, to remain available therefor, as authorized by chapter 1803 of until September 30, 2014: Provided, That of Mr. FEINGOLD submitted title 10, United States Code, and Military SA 2729. this amount, not to exceed $176,896,000 shall Construction Authorization Acts, an amendment intended to be proposed be available for study, planning, design, and $497,210,000, to remain available until Sep- by him to the bill H.R. 3082, making ap- architect and engineer services, as author- tember 30, 2014: Provided, That the amounts propriations for military construction; ized by law, unless the Secretary of Defense made available under this heading shall be the Department of Veterans Affairs, determines that additional obligations are expended for the projects and activities, and and related agencies for the fiscal year necessary for such purposes and notifies the in the amounts specified, under this heading ending September 30, 2010, and for Committees on Appropriations of both in the Committee recommendations and de- Houses of Congress of the determination and tail tables, including the table entitled other purposes; which was ordered to the reasons therefor: Provided further, That lie on the table; as follows: ‘‘Military Construction Projects Listing by the amounts made available under this head- Location’’ in the report accompanying this On page 27, between lines 3 and 4, insert ing shall be expended for the projects and ac- Act. the following: tivities, and in the amounts specified, under MILITARY CONSTRUCTION, AIR NATIONAL SEC. 128. (a) During each of fiscal years 2010 this heading in the Committee recommenda- GUARD through 2014, the Secretary of Defense shall tions and detail tables, including the table submit to the congressional defense commit- entitled ‘‘Military Construction Projects For construction, acquisition, expansion, tees a report analyzing alternative designs Listing by Location’’ in the report accom- rehabilitation, and conversion of facilities for any anticipated major construction panying this Act. for the training and administration of the Air National Guard, and contributions there- projects related to the security of strategic MILITARY CONSTRUCTION, AIR FORCE for, as authorized by chapter 1803 of title 10, nuclear weapons facilities. For acquisition, construction, installation, (b) The report shall examine, with regard United States Code, and Military Construc- and equipment of temporary or permanent tion Authorization Acts, $297,661,000, to re- to each alternative— public works, military installations, facili- (1) the costs, including full life cycle costs; main available until September 30, 2014: Pro- ties, and real property for the Air Force as vided, That the amounts made available and currently authorized by law, $1,213,539,000, to (2) the benefits, including security en- under this heading shall be expended for the remain available until September 30, 2014: hancements. projects and activities, and in the amounts Provided, That of this amount, not to exceed specified, under this heading in the Com- $106,918,000 shall be available for study, plan- SA 2730. Mr. JOHNSON (for himself mittee recommendations and detail tables, ning, design, and architect and engineer including the table entitled ‘‘Military Con- and Mrs. HUTCHISON) proposed an services, as authorized by law, unless the amendment to the bill H.R. 3082, mak- struction Projects Listing by Location’’ in Secretary of Defense determines that addi- the report accompanying this Act. ing appropriations for military con- tional obligations are necessary for such pur- MILITARY CONSTRUCTION, ARMY RESERVE struction, the Department of Veterans poses and notifies the Committees on Appro- Affairs, and related agencies for the fis- priations of both Houses of Congress of the For construction, acquisition, expansion, determination and the reasons therefor: Pro- rehabilitation, and conversion of facilities cal year ending September 3, 2010, and for the training and administration of the for other purposes; as follows: vided further, That the amounts made avail- able under this heading shall be expended for Army Reserve as authorized by chapter 1803 That the following sums are appropriated, the projects and activities, and in the of title 10, United States Code, and Military out of any money in the Treasury not other- amounts specified, under this heading in the Construction Authorization Acts, wise appropriated, for military construction, Committee recommendations and detail ta- $379,012,000, to remain available until Sep- the Department of Veterans Affairs, and re- bles, including the table entitled ‘‘Military tember 30, 2014: Provided, That the amounts lated agencies for the fiscal year ending Sep- Construction Projects Listing by Location’’ made available under this heading shall be tember 30, 2010, and for other purposes, in the report accompanying this Act. expended for the projects and activities, and namely: in the amounts specified, under this heading MILITARY CONSTRUCTION, DEFENSE-WIDE TITLE I in the Committee recommendations and de- (INCLUDING TRANSFER OF FUNDS) DEPARTMENT OF DEFENSE tail tables, including the table entitled For acquisition, construction, installation, ‘‘Military Construction Projects Listing by MILITARY CONSTRUCTION, ARMY and equipment of temporary or permanent Location’’ in the report accompanying this For acquisition, construction, installation, public works, installations, facilities, and Act. and equipment of temporary or permanent real property for activities and agencies of MILITARY CONSTRUCTION, NAVY RESERVE public works, military installations, facili- the Department of Defense (other than the For construction, acquisition, expansion, ties, and real property for the Army as cur- military departments), as currently author- rehabilitation, and conversion of facilities rently authorized by law, including per- ized by law, $3,069,114,000, to remain avail- for the training and administration of the re- sonnel in the Army Corps of Engineers and able until September 30, 2014: Provided, That serve components of the Navy and Marine other personal services necessary for the such amounts of this appropriation as may Corps as authorized by chapter 1803 of title purposes of this appropriation, and for con- be determined by the Secretary of Defense 10, United States Code, and Military Con- struction and operation of facilities in sup- may be transferred to such appropriations of struction Authorization Acts, $64,124,000, to port of the functions of the Commander in the Department of Defense available for remain available until September 30, 2014: Chief, $3,477,673,000, to remain available until military construction or family housing as Provided, That the amounts made available September 30, 2014: Provided, That of this the Secretary may designate, to be merged under this heading shall be expended for the amount, not to exceed $191,573,000 shall be with and to be available for the same pur- projects and activities, and in the amounts available for study, planning, design, archi- poses, and for the same time period, as the specified, under this heading in the Com- tect and engineer services, and host nation appropriation or fund to which transferred: mittee recommendations and detail tables, support, as authorized by law, unless the Provided further, That of the amount appro- including the table entitled ‘‘Military Con- Secretary of Defense determines that addi- priated, not to exceed $142,942,000 shall be struction Projects Listing by Location’’ in tional obligations are necessary for such pur- available for study, planning, design, and ar- the report accompanying this Act. poses and notifies the Committees on Appro- chitect and engineer services, as authorized priations of both Houses of Congress of the by law, unless the Secretary of Defense de- MILITARY CONSTRUCTION, AIR FORCE RESERVE determination and the reasons therefor: Pro- termines that additional obligations are nec- For construction, acquisition, expansion, vided further, That the amounts made avail- essary for such purposes and notifies the rehabilitation, and conversion of facilities able under this heading shall be expended for Committees on Appropriations of both for the training and administration of the the projects and activities, and in the Houses of Congress of the determination and Air Force Reserve as authorized by chapter amounts specified, under this heading in the the reasons therefor: Provided further, That 1803 of title 10, United States Code, and Mili- Committee recommendations and detail ta- the amounts made available under this head- tary Construction Authorization Acts, bles, including the table entitled ‘‘Military ing shall be expended for the projects and ac- $47,376,000, to remain available until Sep- Construction Projects Listing by Location’’ tivities, and in the amounts specified, under tember 30, 2014: Provided, That the amounts in the report accompanying this Act. this heading in the Committee recommenda- made available under this heading shall be

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For deposit into the Department of De- Force for operation and maintenance, in- fense Base Closure Account 2005, established NORTH ATLANTIC TREATY ORGANIZATION cluding debt payment, leasing, minor con- by section 2906A(a)(1) of the Defense Base SECURITY INVESTMENT PROGRAM struction, principal and interest charges, and Closure and Realignment Act of 1990 (10 For the United States share of the cost of insurance premiums, as authorized by law, U.S.C. 2687 note), $7,479,498,000, to remain the North Atlantic Treaty Organization Se- $502,936,000. available until expended: Provided, That the curity Investment Program for the acquisi- FAMILY HOUSING CONSTRUCTION, DEFENSE- Department of Defense shall notify the Com- tion and construction of military facilities WIDE mittees on Appropriations of both Houses of and installations (including international For expenses of family housing for the ac- Congress 14 days prior to obligating an military headquarters) and for related ex- tivities and agencies of the Department of amount for a construction project that ex- penses for the collective defense of the North Defense (other than the military depart- ceeds or reduces the amount identified for Atlantic Treaty Area as authorized by sec- ments) for construction, including acquisi- that project in the most recently submitted tion 2806 of title 10, United States Code, and tion, replacement, addition, expansion, ex- budget request for this account by 20 percent Military Construction Authorization Acts, tension and alteration, as authorized by law, or $2,000,000, whichever is less: Provided fur- $276,314,000, to remain available until ex- $2,859,000, to remain available until Sep- ther, That the previous proviso shall not pended: Provided, That of the amount appro- tember 30, 2014: Provided, That the amounts apply to projects costing less than $5,000,000, priated, not to exceed $41,400,000 shall be made available under this heading shall be except for those projects not previously iden- available for the United States share of the expended for the projects and activities, and tified in any budget submission for this ac- planning, design and construction of a new in the amounts specified, under this heading count and exceeding the minor construction North Atlantic Treaty Organization head- in the Committee recommendations and de- threshold under 10 U.S.C. 2805. quarters. tail tables, including the table entitled ADMINISTRATIVE PROVISIONS FAMILY HOUSING CONSTRUCTION, ARMY ‘‘Military Construction Projects Listing by SEC. 101. None of the funds made available For expenses of family housing for the Location’’ in the report accompanying this in this title shall be expended for payments Army for construction, including acquisi- Act. tion, replacement, addition, expansion, ex- under a cost-plus-a-fixed-fee contract for FAMILY HOUSING OPERATION AND tension, and alteration, as authorized by construction, where cost estimates exceed MAINTENANCE, DEFENSE-WIDE law, $273,236,000, to remain available until $25,000, to be performed within the United September 30, 2014: Provided, That the For expenses of family housing for the ac- States, except Alaska, without the specific amounts made available under this heading tivities and agencies of the Department of approval in writing of the Secretary of De- shall be expended for the projects and activi- Defense (other than the military depart- fense setting forth the reasons therefor. ties, and in the amounts specified, under this ments) for operation and maintenance, leas- SEC. 102. Funds made available in this title heading in the Committee recommendations ing, and minor construction, as authorized for construction shall be available for hire of and detail tables, including the table enti- by law, $49,214,000. passenger motor vehicles. tled ‘‘Military Construction Projects Listing DEPARTMENT OF DEFENSE FAMILY HOUSING SEC. 103. Funds made available in this title by Location’’ in the report accompanying IMPROVEMENT FUND for construction may be used for advances to this Act. For the Department of Defense Family the Federal Highway Administration, De- FAMILY HOUSING OPERATION AND Housing Improvement Fund, $2,600,000, to re- partment of Transportation, for the con- MAINTENANCE, ARMY main available until expended, for family struction of access roads as authorized by For expenses of family housing for the housing initiatives undertaken pursuant to section 210 of title 23, United States Code, Army for operation and maintenance, includ- section 2883 of title 10, United States Code, when projects authorized therein are cer- ing debt payment, leasing, minor construc- providing alternative means of acquiring and tified as important to the national defense tion, principal and interest charges, and in- improving military family housing and sup- by the Secretary of Defense. surance premiums, as authorized by law, porting facilities. SEC. 104. None of the funds made available $523,418,000. HOMEOWNERS ASSISTANCE FUND in this title may be used to begin construc- tion of new bases in the United States for FAMILY HOUSING CONSTRUCTION, NAVY AND For the Homeowners Assistance Fund es- which specific appropriations have not been MARINE CORPS tablished by section 1013 of the Demonstra- made. For expenses of family housing for the tion Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374), as amended by SEC. 105. None of the funds made available Navy and Marine Corps for construction, in- in this title shall be used for purchase of cluding acquisition, replacement, addition, section 1001 of division A of the American Recovery and Reinvestment Act of 2009 (Pub- land or land easements in excess of 100 per- expansion, extension, and alteration, as au- cent of the value as determined by the Army thorized by law, $146,569,000, to remain avail- lic Law 111–5; 123 Stat. 194), $373,225,000, to remain available until expended. Corps of Engineers or the Naval Facilities able until September 30, 2014: Provided, That Engineering Command, except: (1) where the amounts made available under this head- CHEMICAL DEMILITARIZATION CONSTRUCTION, there is a determination of value by a Fed- ing shall be expended for the projects and ac- DEFENSE-WIDE eral court; (2) purchases negotiated by the tivities, and in the amounts specified, under For expenses of construction, not other- Attorney General or the designee of the At- this heading in the Committee recommenda- wise provided for, necessary for the destruc- torney General; (3) where the estimated tions and detail tables, including the table tion of the United States stockpile of lethal value is less than $25,000; or (4) as otherwise entitled ‘‘Military Construction Projects chemical agents and munitions in accord- determined by the Secretary of Defense to be Listing by Location’’ in the report accom- ance with section 1412 of the Department of in the public interest. panying this Act. Defense Authorization Act, 1986 (50 U.S.C. SEC. 106. None of the funds made available FAMILY HOUSING OPERATION AND 1521), and for the destruction of other chem- in this title shall be used to: (1) acquire land; MAINTENANCE, NAVY AND MARINE CORPS ical warfare materials that are not in the (2) provide for site preparation; or (3) install For expenses of family housing for the chemical weapon stockpile, as currently au- utilities for any family housing, except hous- Navy and Marine Corps for operation and thorized by law, $151,541,000, to remain avail- ing for which funds have been made available maintenance, including debt payment, leas- able until September 30, 2014, which shall be in annual Acts making appropriations for ing, minor construction, principal and inter- only for the Assembled Chemical Weapons military construction. est charges, and insurance premiums, as au- Alternatives program: Provided, That the SEC. 107. None of the funds made available thorized by law, $368,540,000. amounts made available under this heading in this title for minor construction may be FAMILY HOUSING CONSTRUCTION, AIR FORCE shall be expended for the projects and activi- used to transfer or relocate any activity ties, and in the amounts specified, under this For expenses of family housing for the Air from one base or installation to another, heading in the Committee recommendations Force for construction, including acquisi- without prior notification to the Committees and detail tables, including the table enti- tion, replacement, addition, expansion, ex- on Appropriations of both Houses of Con- tled ‘‘Military Construction Projects Listing tension, and alteration, as authorized by gress. by Location’’ in the report accompanying law, $66,101,000, to remain available until SEC. 108. None of the funds made available this Act. September 30, 2014: Provided, That the in this title may be used for the procurement amounts made available under this heading DEPARTMENT OF DEFENSE BASE CLOSURE of steel for any construction project or activ- shall be expended for the projects and activi- ACCOUNT 1990 ity for which American steel producers, fab- ties, and in the amounts specified, under this For deposit into the Department of De- ricators, and manufacturers have been de- heading in the Committee recommendations fense Base Closure Account 1990, established nied the opportunity to compete for such and detail tables, including the table enti- by section 2906(a)(1) of the Defense Base Clo- steel procurement.

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SEC. 109. None of the funds available to the ruary 15 of each year, an annual report in un- on Appropriations of both Houses of Con- Department of Defense for military con- classified and, if necessary, classified form, gress the notice described in subsection (b). struction or family housing during the cur- on actions taken by the Department of De- (b)(1) A notice referred to in subsection (a) rent fiscal year may be used to pay real fense and the Department of State during is a notice of any guarantee (including the property taxes in any foreign nation. the previous fiscal year to encourage host making of mortgage or rental payments) SEC. 110. None of the funds made available countries to assume a greater share of the proposed to be made by the Secretary to the in this title may be used to initiate a new in- common defense burden of such countries private party under the contract involved in stallation overseas without prior notifica- and the United States. the event of— tion to the Committees on Appropriations of (b) The report under subsection (a) shall (A) the closure or realignment of the in- both Houses of Congress. include a description of— stallation for which housing is provided SEC. 111. None of the funds made available (1) attempts to secure cash and in-kind under the contract; in this title may be obligated for architect contributions from host countries for mili- (B) a reduction in force of units stationed and engineer contracts estimated by the tary construction projects; at such installation; or Government to exceed $500,000 for projects to (2) attempts to achieve economic incen- (C) the extended deployment overseas of be accomplished in Japan, in any North At- tives offered by host countries to encourage units stationed at such installation. lantic Treaty Organization member country, private investment for the benefit of the (2) Each notice under this subsection shall or in countries bordering the Arabian Sea, United States Armed Forces; specify the nature of the guarantee involved unless such contracts are awarded to United (3) attempts to recover funds due to be paid and assess the extent and likelihood, if any, States firms or United States firms in joint to the United States by host countries for as- of the liability of the Federal Government venture with host nation firms. sets deeded or otherwise imparted to host with respect to the guarantee. SEC. 112. None of the funds made available countries upon the cessation of United (INCLUDING TRANSFER OF FUNDS) in this title for military construction in the States operations at military installations; SEC. 122. In addition to any other transfer United States territories and possessions in (4) the amount spent by host countries on authority available to the Department of De- the Pacific and on Kwajalein Atoll, or in defense, in dollars and in terms of the per- fense, amounts may be transferred from the countries bordering the Arabian Sea, may be cent of gross domestic product (GDP) of the accounts established by sections 2906(a)(1) used to award any contract estimated by the host country; and and 2906A(a)(1) of the Defense Base Closure Government to exceed $1,000,000 to a foreign (5) for host countries that are members of and Realignment Act of 1990 (10 U.S.C. 2687 contractor: Provided, That this section shall the North Atlantic Treaty Organization note), to the fund established by section not be applicable to contract awards for (NATO), the amount contributed to NATO by 1013(d) of the Demonstration Cities and Met- which the lowest responsive and responsible host countries, in dollars and in terms of the ropolitan Development Act of 1966 (42 U.S.C. bid of a United States contractor exceeds the percent of the total NATO budget. 3374) to pay for expenses associated with the lowest responsive and responsible bid of a (c) In this section, the term ‘‘host coun- Homeowners Assistance Program incurred foreign contractor by greater than 20 per- try’’ means other member countries of under 42 U.S.C. 3374(a)(1)(A). Any amounts cent: Provided further, That this section shall NATO, Japan, South Korea, and United transferred shall be merged with and be not apply to contract awards for military States allies bordering the Arabian Sea. available for the same purposes and for the construction on Kwajalein Atoll for which (INCLUDING TRANSFER OF FUNDS) same time period as the fund to which trans- the lowest responsive and responsible bid is SEC. 119. In addition to any other transfer ferred. submitted by a Marshallese contractor. authority available to the Department of De- SEC. 123. Funds made available in this title SEC. 113. The Secretary of Defense is to in- fense, proceeds deposited to the Department for operation and maintenance of family housing shall be the exclusive source of form the appropriate committees of both of Defense Base Closure Account established funds for repair and maintenance of all fam- Houses of Congress, including the Commit- by section 207(a)(1) of the Defense Authoriza- ily housing units, including general or flag tees on Appropriations, of the plans and tion Amendments and Base Closure and Re- officer quarters: Provided, That not more scope of any proposed military exercise in- alignment Act (10 U.S.C. 2687 note) pursuant than $35,000 per unit may be spent annually volving United States personnel 30 days prior to section 207(a)(2)(C) of such Act, may be for the maintenance and repair of any gen- to its occurring, if amounts expended for transferred to the account established by eral or flag officer quarters without 30 days construction, either temporary or perma- section 2906(a)(1) of the Defense Base Closure prior notification to the Committees on Ap- nent, are anticipated to exceed $100,000. and Realignment Act of 1990 (10 U.S.C. 2687 propriations of both Houses of Congress, ex- SEC. 114. Not more than 20 percent of the note), to be merged with, and to be available cept that an after-the-fact notification shall funds made available in this title which are for the same purposes and the same time pe- limited for obligation during the current fis- be submitted if the limitation is exceeded riod as that account. solely due to costs associated with environ- cal year shall be obligated during the last (INCLUDING TRANSFER OF FUNDS) two months of the fiscal year. mental remediation that could not be rea- SEC. 120. Subject to 30 days prior notifica- sonably anticipated at the time of the budg- (INCLUDING TRANSFER OF FUNDS) tion to the Committees on Appropriations of et submission: Provided further, That the SEC. 115. Funds appropriated to the Depart- both Houses of Congress, such additional Under Secretary of Defense (Comptroller) is ment of Defense for construction in prior amounts as may be determined by the Sec- to report annually to the Committees on Ap- years shall be available for construction au- retary of Defense may be transferred to: (1) propriations of both Houses of Congress all thorized for each such military department the Department of Defense Family Housing operation and maintenance expenditures for by the authorizations enacted into law dur- Improvement Fund from amounts appro- each individual general or flag officer quar- ing the current session of Congress. priated for construction in ‘‘Family Hous- ters for the prior fiscal year. SEC. 116. For military construction or fam- ing’’ accounts, to be merged with and to be SEC. 124. Amounts contained in the Ford ily housing projects that are being com- available for the same purposes and for the Island Improvement Account established by pleted with funds otherwise expired or lapsed same period of time as amounts appropriated subsection (h) of section 2814 of title 10, for obligation, expired or lapsed funds may directly to the Fund; or (2) the Department United States Code, are appropriated and be used to pay the cost of associated super- of Defense Military Unaccompanied Housing shall be available until expended for the pur- vision, inspection, overhead, engineering and Improvement Fund from amounts appro- poses specified in subsection (i)(1) of such design on those projects and on subsequent priated for construction of military unac- section or until transferred pursuant to sub- claims, if any. companied housing in ‘‘Military Construc- section (i)(3) of such section. SEC. 117. Notwithstanding any other provi- tion’’ accounts, to be merged with and to be (INCLUDING TRANSFER OF FUNDS) sion of law, any funds made available to a available for the same purposes and for the SEC. 125. None of the funds made available military department or defense agency for same period of time as amounts appropriated in this title, or in any Act making appropria- the construction of military projects may be directly to the Fund: Provided, That appro- tions for military construction which remain obligated for a military construction project priations made available to the Funds shall available for obligation, may be obligated or or contract, or for any portion of such a be available to cover the costs, as defined in expended to carry out a military construc- project or contract, at any time before the section 502(5) of the Congressional Budget tion, land acquisition, or family housing end of the fourth fiscal year after the fiscal Act of 1974, of direct loans or loan guaran- project at or for a military installation ap- year for which funds for such project were tees issued by the Department of Defense proved for closure, or at a military installa- made available, if the funds obligated for pursuant to the provisions of subchapter IV tion for the purposes of supporting a func- such project: (1) are obligated from funds of chapter 169 of title 10, United States Code, tion that has been approved for realignment available for military construction projects; pertaining to alternative means of acquiring to another installation, in 2005 under the De- and (2) do not exceed the amount appro- and improving military family housing, mili- fense Base Closure and Realignment Act of priated for such project, plus any amount by tary unaccompanied housing, and supporting 1990 (part A of title XXIX of Public Law 101– which the cost of such project is increased facilities. 510; 10 U.S.C. 2687 note), unless such a project pursuant to law. SEC. 121. (a) Not later than 60 days before at a military installation approved for re- SEC. 118. (a) The Secretary of Defense, in issuing any solicitation for a contract with alignment will support a continuing mission consultation with the Secretary of State, the private sector for military family hous- or function at that installation or a new mis- shall submit to the Committees on Appro- ing the Secretary of the military department sion or function that is planned for that in- priations of both Houses of Congress, by Feb- concerned shall submit to the Committees stallation, or unless the Secretary of Defense

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.090 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11227 certifies that the cost to the United States imbursed to ‘‘General operating expenses’’, expenses’’ and ‘‘Medical support and compli- of carrying out such project would be less ‘‘Medical support and compliance’’, and ‘‘In- ance’’ may be expended. than the cost to the United States of cancel- formation technology systems’’ for nec- VETERANS HEALTH ADMINISTRATION ling such project, or if the project is at an essary expenses in implementing the provi- MEDICAL SERVICES active component base that shall be estab- sions of chapters 51, 53, and 55 of title 38, (INCLUDING TRANSFER OF FUNDS) lished as an enclave or in the case of projects United States Code, the funding source for having multi-agency use, that another Gov- which is specifically provided as the ‘‘Com- For necessary expenses for furnishing, as ernment agency has indicated it will assume pensation and pensions’’ appropriation: Pro- authorized by law, inpatient and outpatient ownership of the completed project. The Sec- vided further, That such sums as may be care and treatment to beneficiaries of the retary of Defense may not transfer funds earned on an actual qualifying patient basis, Department of Veterans Affairs and veterans made available as a result of this limitation shall be reimbursed to ‘‘Medical care collec- described in section 1705(a) of title 38, United from any military construction project, land tions fund’’ to augment the funding of indi- States Code, including care and treatment in acquisition, or family housing project to an- vidual medical facilities for nursing home facilities not under the jurisdiction of the other account or use such funds for another care provided to pensioners as authorized. Department, and including medical supplies and equipment, food services, and salaries purpose or project without the prior ap- READJUSTMENT BENEFITS proval of the Committees on Appropriations and expenses of healthcare employees hired For the payment of readjustment and reha- of both Houses of Congress. This section under title 38, United States Code, and aid to bilitation benefits to or on behalf of veterans shall not apply to military construction State homes as authorized by section 1741 of as authorized by chapters 21, 30, 31, 33, 34, 35, projects, land acquisition, or family housing title 38, United States Code; $34,704,500,000, 36, 39, 51, 53, 55, and 61 of title 38, United projects for which the project is vital to the plus reimbursements: Provided, That of the States Code, $8,663,624,000, to remain avail- national security or the protection of health, funds made available under this heading, not able until expended: Provided, That expenses safety, or environmental quality: Provided, to exceed $1,600,000,000 shall be available for rehabilitation program services and as- That the Secretary of Defense shall notify until September 30, 2011: Provided further, sistance which the Secretary is authorized to the congressional defense committees within That, notwithstanding any other provision provide under subsection (a) of section 3104 seven days of a decision to carry out such a of law, the Secretary of Veterans Affairs of title 38, United States Code, other than military construction project. shall establish a priority for the provision of under paragraphs (1), (2), (5), and (11) of that medical treatment for veterans who have (INCLUDING TRANSFER OF FUNDS) subsection, shall be charged to this account. service-connected disabilities, lower income, SEC. 126. During the 5-year period after ap- VETERANS INSURANCE AND INDEMNITIES or have special needs: Provided further, That, propriations available in this Act to the De- For military and naval insurance, national notwithstanding any other provision of law, partment of Defense for military construc- the Secretary of Veterans Affairs shall give tion and family housing operation and main- service life insurance, servicemen’s indem- nities, service-disabled veterans insurance, priority funding for the provision of basic tenance and construction have expired for medical benefits to veterans in enrollment obligation, upon a determination that such and veterans mortgage life insurance as au- thorized by title 38, United States Code, priority groups 1 through 6: Provided further, appropriations will not be necessary for the That, notwithstanding any other provision liquidation of obligations or for making au- chapters 19 and 21, $49,288,000, to remain available until expended. of law, the Secretary of Veterans Affairs thorized adjustments to such appropriations may authorize the dispensing of prescription for obligations incurred during the period of VETERANS HOUSING BENEFIT PROGRAM FUND drugs from Veterans Health Administration availability of such appropriations, unobli- For the cost of direct and guaranteed facilities to enrolled veterans with privately gated balances of such appropriations may loans, such sums as may be necessary to written prescriptions based on requirements be transferred into the appropriation ‘‘For- carry out the program, as authorized by sub- established by the Secretary: Provided fur- eign Currency Fluctuations, Construction, chapters I through III of chapter 37 of title ther, That the implementation of the pro- Defense’’, to be merged with and to be avail- 38, United States Code: Provided, That such gram described in the previous proviso shall able for the same time period and for the costs, including the cost of modifying such incur no additional cost to the Department same purposes as the appropriation to which loans, shall be as defined in section 502 of the of Veterans Affairs: Provided further, That for transferred. Congressional Budget Act of 1974: Provided the Department of Defense/Department of SEC. 127. Amounts appropriated or other- further, That during fiscal year 2010, within Veterans Affairs Health Care Sharing Incen- wise made available in an account funded the resources available, not to exceed tive Fund, as authorized by section 8111(d) of under the headings in this title may be $500,000 in gross obligations for direct loans title 38, United States Code, a minimum of transferred among projects and activities are authorized for specially adapted housing $15,000,000, to remain available until ex- within that account in accordance with the loans. pended, for any purpose authorized by sec- reprogramming guidelines for military con- In addition, for administrative expenses to tion 8111 of title 38, United States Code. struction and family housing construction carry out the direct and guaranteed loan MEDICAL SUPPORT AND COMPLIANCE contained in the report accompanying this programs, $165,082,000. Act, and in the guidance for military con- For necessary expenses in the administra- VOCATIONAL REHABILITATION LOANS PROGRAM struction reprogrammings and notifications tion of the medical, hospital, nursing home, ACCOUNT contained in Department of Defense Finan- domiciliary, construction, supply, and re- cial Management Regulation 7000.14–R, Vol- (INCLUDING TRANSFER OF FUNDS) search activities, as authorized by law; ad- ume 3, Chapter 7, of December 1996, as in ef- For the cost of direct loans, $29,000, as au- ministrative expenses in support of capital fect on the date of enactment of this Act. thorized by chapter 31 of title 38, United policy activities; and administrative and legal expenses of the Department for col- TITLE II States Code: Provided, That such costs, in- lecting and recovering amounts owed the De- DEPARTMENT OF VETERANS AFFAIRS cluding the cost of modifying such loans, shall be as defined in section 502 of the Con- partment as authorized under chapter 17 of VETERANS BENEFITS ADMINISTRATION gressional Budget Act of 1974: Provided fur- title 38, United States Code, and the Federal COMPENSATION AND PENSIONS ther, That funds made available under this Medical Care Recovery Act (42 U.S.C. 2651 et (INCLUDING TRANSFER OF FUNDS) heading are available to subsidize gross obli- seq.); $5,100,000,000, plus reimbursements, of For the payment of compensation benefits gations for the principal amount of direct which $250,000,000 shall be available until to or on behalf of veterans and a pilot pro- loans not to exceed $2,298,000. September 30, 2011. gram for disability examinations as author- In addition, for administrative expenses MEDICAL FACILITIES ized by section 107 and chapters 11, 13, 18, 51, necessary to carry out the direct loan pro- For necessary expenses for the mainte- 53, 55, and 61 of title 38, United States Code; gram, $328,000, which may be paid to the ap- nance and operation of hospitals, nursing pension benefits to or on behalf of veterans propriation for ‘‘General operating ex- homes, and domiciliary facilities and other as authorized by chapters 15, 51, 53, 55, and 61 penses’’. necessary facilities of the Veterans Health of title 38, United States Code; and burial NATIVE AMERICAN VETERAN HOUSING LOAN Administration; for administrative expenses benefits, the Reinstated Entitlement Pro- PROGRAM ACCOUNT in support of planning, design, project man- gram for Survivors, emergency and other of- agement, real property acquisition and dis- For administrative expenses to carry out ficers’ retirement pay, adjusted-service cred- position, construction, and renovation of any the direct loan program authorized by sub- its and certificates, payment of premiums facility under the jurisdiction or for the use chapter V of chapter 37 of title 38, United due on commercial life insurance policies of the Department; for oversight, engineer- States Code, $664,000. guaranteed under the provisions of title IV ing, and architectural activities not charged of the Servicemembers Civil Relief Act (50 GUARANTEED TRANSITIONAL HOUSING LOANS to project costs; for repairing, altering, im- U.S.C. App. 541 et seq.) and for other benefits FOR HOMELESS VETERANS PROGRAM ACCOUNT proving, or providing facilities in the several as authorized by sections 107, 1312, 1977, and For the administrative expenses to carry hospitals and homes under the jurisdiction of 2106, and chapters 23, 51, 53, 55, and 61 of title out the guaranteed transitional housing loan the Department, not otherwise provided for, 38, United States Code, $47,218,207,000, to re- program authorized by subchapter VI of either by contract or by the hire of tem- main available until expended: Provided, chapter 20 of title 38, United States Code, not porary employees and purchase of materials; That not to exceed $29,283,000 of the amount to exceed $750,000 of the amounts appro- for leases of facilities; and for laundry serv- appropriated under this heading shall be re- priated by this Act for ‘‘General operating ices, $4,849,883,000, plus reimbursements, of

VerDate Nov 24 2008 03:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.090 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11228 CONGRESSIONAL RECORD — SENATE November 5, 2009 which $250,000,000 shall be available until costs to be carried out utilizing amounts for the use of the Department of Veterans September 30, 2011: Provided, That $100,000,000 made available by this heading: Provided fur- Affairs, including planning and assessments for non-recurring maintenance provided ther, That of the amounts appropriated, of needs which may lead to capital invest- under this heading shall be allocated in a $800,485,000 may not be obligated or expended ments, architectural and engineering serv- manner not subject to the Veterans Equi- until the Secretary of Veterans Affairs or ices, maintenance or guarantee period serv- table Resource Allocation. the Chief Information Officer of the Depart- ices costs associated with equipment guaran- MEDICAL AND PROSTHETIC RESEARCH ment of Veterans Affairs submits to the tees provided under the project, services of Committees on Appropriations of both claims analysts, offsite utility and storm For necessary expenses in carrying out Houses of Congress a certification of the drainage system construction costs, and site programs of medical and prosthetic research amounts, in parts or in full, to be obligated acquisition, or for any of the purposes set and development as authorized by chapter 73 and expended for each development project: forth in sections 316, 2404, 2406, 8102, 8103, of title 38, United States Code, $580,000,000, Provided further, That amounts specified in 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, plus reimbursements, to remain available the certification with respect to develop- United States Code, where the estimated until September 30, 2011. ment projects under the preceding proviso cost of a project is equal to or less than the NATIONAL CEMETERY ADMINISTRATION shall be incorporated into the reprogram- amount set forth in section 8104(a)(3)(A) of For necessary expenses of the National ming base letter with respect to development title 38, United States Code, $685,000,000, to Cemetery Administration for operations and projects funded using amounts appropriated remain available until expended, along with maintenance, not otherwise provided for, in- by this heading. unobligated balances of previous ‘‘Construc- cluding uniforms or allowances therefor; OFFICE OF INSPECTOR GENERAL tion, minor projects’’ appropriations which cemeterial expenses as authorized by law; For necessary expenses of the Office of In- are hereby made available for any project purchase of one passenger motor vehicle for spector General, to include information where the estimated cost is equal to or less use in cemeterial operations; hire of pas- technology, in carrying out the provisions of than the amount set forth in such section: senger motor vehicles; and repair, alteration the Inspector General Act of 1978 (5 U.S.C. Provided, That funds in this account shall be or improvement of facilities under the juris- App.), $109,000,000, of which $6,000,000 shall be available for: (1) repairs to any of the non- diction of the National Cemetery Adminis- available until September 30, 2011. medical facilities under the jurisdiction or tration, $250,000,000, of which not to exceed for the use of the Department which are nec- $24,200,000 shall be available until September CONSTRUCTION, MAJOR PROJECTS essary because of loss or damage caused by 30, 2011. For constructing, altering, extending, and any natural disaster or catastrophe; and (2) improving any of the facilities, including DEPARTMENTAL ADMINISTRATION temporary measures necessary to prevent or parking projects, under the jurisdiction or to minimize further loss by such causes. GENERAL OPERATING EXPENSES for the use of the Department of Veterans GRANTS FOR CONSTRUCTION OF STATE For necessary operating expenses of the Affairs, or for any of the purposes set forth EXTENDED CARE FACILITIES Department of Veterans Affairs, not other- in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, wise provided for, including administrative 8109, 8110, and 8122 of title 38, United States For grants to assist States to acquire or expenses in support of Department-Wide cap- Code, including planning, architectural and construct State nursing home and domi- ital planning, management and policy activi- engineering services, construction manage- ciliary facilities and to remodel, modify, or ties, uniforms, or allowances therefor; not to ment services, maintenance or guarantee pe- alter existing hospital, nursing home, and exceed $25,000 for official reception and rep- riod services costs associated with equip- domiciliary facilities in State homes, for fur- resentation expenses; hire of passenger ment guarantees provided under the project, nishing care to veterans as authorized by motor vehicles; and reimbursement of the services of claims analysts, offsite utility sections 8131 through 8137 of title 38, United General Services Administration for security and storm drainage system construction States Code, $115,000,000, to remain available guard services, and the Department of De- costs, and site acquisition, where the esti- until expended. fense for the cost of overseas employee mail, mated cost of a project is more than the GRANTS FOR CONSTRUCTION OF STATE $2,086,251,000: Provided, That expenses for amount set forth in section 8104(a)(3)(A) of VETERANS CEMETERIES services and assistance authorized under title 38, United States Code, or where funds For grants to assist States in establishing, paragraphs (1), (2), (5), and (11) of section for a project were made available in a pre- expanding, or improving State veterans 3104(a) of title 38, United States Code, that vious major project appropriation, cemeteries as authorized by section 2408 of the Secretary of Veterans Affairs determines $1,194,000,000, to remain available until ex- title 38, United States Code, $42,000,000, to re- are necessary to enable entitled veterans: (1) pended, of which $16,000,000 shall be to make main available until expended. to the maximum extent feasible, to become reimbursements as provided in section 13 of ADMINISTRATIVE PROVISIONS employable and to obtain and maintain suit- the Contract Disputes Act of 1978 (41 U.S.C. able employment; or (2) to achieve maximum 612) for claims paid for contract disputes: (INCLUDING TRANSFER OF FUNDS) independence in daily living, shall be Provided, That except for advance planning SEC. 201. Any appropriation for fiscal year charged to this account: Provided further, activities, including needs assessments 2010 for ‘‘Compensation and pensions’’, ‘‘Re- That the Veterans Benefits Administration which may or may not lead to capital invest- adjustment benefits’’, and ‘‘Veterans insur- shall be funded at not less than $1,689,207,000: ments, and other capital asset management ance and indemnities’’ may be transferred as Provided further, That of the funds made related activities, including portfolio devel- necessary to any other of the mentioned ap- available under this heading, not to exceed opment and management activities, and in- propriations: Provided, That before a transfer $111,000,000 shall be available for obligation vestment strategy studies funded through may take place, the Secretary of Veterans until September 30, 2011: Provided further, the advance planning fund and the planning Affairs shall request from the Committees on That from the funds made available under and design activities funded through the de- Appropriations of both Houses of Congress this heading, the Veterans Benefits Adminis- sign fund, including needs assessments which the authority to make the transfer and such tration may purchase (on a one-for-one re- may or may not lead to capital investments, Committees issue an approval, or absent a placement basis only) up to two passenger and funds provided for the purchase of land response, a period of 30 days has elapsed. motor vehicles for use in operations of that for the National Cemetery Administration (INCLUDING TRANSFER OF FUNDS) Administration in Manila, Philippines. through the land acquisition line item, none SEC. 202. Amounts made available for the INFORMATION TECHNOLOGY SYSTEMS of the funds appropriated under this heading Department of Veterans Affairs for fiscal For necessary expenses for information shall be used for any project which has not year 2010, in this Act or any other Act, under technology systems and telecommunications been approved by the Congress in the budg- the ‘‘Medical services’’, ‘‘Medical support support, including developmental informa- etary process: Provided further, That funds and compliance’’ and ‘‘Medical facilities’’ ac- tion systems and operational information provided in this appropriation for fiscal year counts may be transferred between the ac- systems; for pay and associated costs; and 2010, for each approved project shall be obli- counts to the extent necessary to implement for the capital asset acquisition of informa- gated: (1) by the awarding of a construction the restructuring of the Veterans Health Ad- tion technology systems, including manage- documents contract by September 30, 2010; ministration accounts: Provided, That any ment and related contractual costs of said and (2) by the awarding of a construction transfers between the ‘‘Medical services’’ and acquisitions, including contractual costs as- contract by September 30, 2011: Provided fur- ‘‘Medical support and compliance’’ accounts sociated with operations authorized by sec- ther, That the Secretary of Veterans Affairs of 1 percent or less of the total amount ap- tion 3109 of title 5, United States Code, shall promptly submit to the Committees on propriated to the account in this or any $3,307,000,000, plus reimbursements, to be Appropriations of both Houses of Congress a other Act may take place subject to notifica- available until September 30, 2011: Provided, written report on any approved major con- tion from the Secretary of Veterans Affairs That not later than 30 days after the date of struction project for which obligations are to the Committees on Appropriations of both the enactment of this Act, the Secretary of not incurred within the time limitations es- Houses of Congress of the amount and pur- Veterans Affairs shall submit to the Com- tablished above. pose of the transfer: Provided further, That mittees on Appropriations of both Houses of CONSTRUCTION, MINOR PROJECTS any transfers between the ‘‘Medical serv- Congress a reprogramming base letter which For constructing, altering, extending, and ices’’ and ‘‘Medical support and compliance’’ sets forth, by project, the Operations and improving any of the facilities, including accounts in excess of 1 percent, or exceeding Maintenance and Salaries and Expenses parking projects, under the jurisdiction or the cumulative 1 percent for the fiscal year,

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may take place only after the Secretary re- SEC. 209. Amounts deducted from en- the purposes of that account: Provided, That, quests from the Committees on Appropria- hanced-use lease proceeds to reimburse an for fiscal year 2010, $200,000,000 deposited in tions of both Houses of Congress the author- account for expenses incurred by that ac- the Department of Veterans Affairs Medical ity to make the transfer and an approval is count during a prior fiscal year for providing Care Collections Fund shall be transferred to issued: Provided further, That any transfer to enhanced-use lease services, may be obli- ‘‘Medical Facilities’’, to remain available or from the ‘‘Medical facilities’’ account gated during the fiscal year in which the pro- until expended, for non-recurring mainte- may take place only after the Secretary re- ceeds are received. nance at existing Veterans Health Adminis- quests from the Committees on Appropria- (INCLUDING TRANSFER OF FUNDS) tration medical facilities: Provided further, tions of both Houses of Congress the author- That the allocation of amounts transferred SEC. 210. Funds available in this title or ity to make the transfer and an approval is funds for salaries and other administrative to ‘‘Medical Facilities’’ under the preceding issued. proviso shall not be subject to the Veterans SEC. 203. Appropriations available in this expenses shall also be available to reimburse the Office of Resolution Management of the Equitable Resource Allocation formula. title for salaries and expenses shall be avail- SEC. 216. The Secretary of Veterans Affairs able for services authorized by section 3109 of Department of Veterans Affairs and the Of- fice of Employment Discrimination Com- may enter into agreements with Community title 5, United States Code, hire of passenger Health Centers in rural Alaska, Indian tribes motor vehicles; lease of a facility or land or plaint Adjudication under section 319 of title 38, United States Code, for all services pro- and tribal organizations which are party to both; and uniforms or allowances therefore, the Alaska Native Health Compact with the as authorized by sections 5901 through 5902 of vided at rates which will recover actual costs but not exceed $34,158,000 for the Office of Indian Health Service, and Indian tribes and title 5, United States Code. tribal organizations serving rural Alaska SEC. 204. No appropriations in this title Resolution Management and $3,278,000 for which have entered into contracts with the (except the appropriations for ‘‘Construc- the Office of Employment and Discrimina- Indian Health Service under the Indian Self tion, major projects’’, and ‘‘Construction, tion Complaint Adjudication: Provided, That Determination and Educational Assistance minor projects’’) shall be available for the payments may be made in advance for serv- Act, to provide healthcare, including behav- purchase of any site for or toward the con- ices to be furnished based on estimated ioral health and dental care. The Secretary struction of any new hospital or home. costs: Provided further, That amounts re- shall require participating veterans and fa- SEC. 205. No appropriations in this title ceived shall be credited to the ‘‘General op- shall be available for hospitalization or ex- erating expenses’’ and ‘‘Information tech- cilities to comply with all appropriate rules amination of any persons (except bene- nology systems’’ accounts for use by the of- and regulations, as established by the Sec- ficiaries entitled to such hospitalization or fice that provided the service. retary. The term ‘‘rural Alaska’’ shall mean examination under the laws providing such SEC. 211. No appropriations in this title those lands sited within the external bound- benefits to veterans, and persons receiving shall be available to enter into any new lease aries of the Alaska Native regions specified such treatment under sections 7901 through of real property if the estimated annual rent- in sections 7(a)(1)–(4) and (7)–(12) of the Alas- 7904 of title 5, United States Code, or the al is more than $1,000,000 unless the Sec- ka Native Claims Settlement Act, as amend- Robert T. Stafford Disaster Relief and Emer- retary submits a report which the Commit- ed (43 U.S.C. 1606), and those lands within the gency Assistance Act (42 U.S.C. 5121 et seq.)), tees on Appropriations of both Houses of Alaska Native regions specified in sections unless reimbursement of the cost of such Congress approve within 30 days following 7(a)(5) and 7(a)(6) of the Alaska Native hospitalization or examination is made to the date on which the report is received. Claims Settlement Act, as amended (43 the ‘‘Medical services’’ account at such rates SEC. 212. No funds of the Department of U.S.C. 1606), which are not within the bound- as may be fixed by the Secretary of Veterans Veterans Affairs shall be available for hos- aries of the Municipality of Anchorage, the Affairs. pital care, nursing home care, or medical Fairbanks North Star Borough, the Kenai SEC. 206. Appropriations available in this services provided to any person under chap- Peninsula Borough or the Matanuska title for ‘‘Compensation and pensions’’, ‘‘Re- ter 17 of title 38, United States Code, for a Susitna Borough. adjustment benefits’’, and ‘‘Veterans insur- non-service-connected disability described in (INCLUDING TRANSFER OF FUNDS) ance and indemnities’’ shall be available for section 1729(a)(2) of such title, unless that SEC. 217. Such sums as may be deposited to payment of prior year accrued obligations person has disclosed to the Secretary of Vet- the Department of Veterans Affairs Capital required to be recorded by law against the erans Affairs, in such form as the Secretary Asset Fund pursuant to section 8118 of title corresponding prior year accounts within the may require, current, accurate third-party 38, United States Code, may be transferred to last quarter of fiscal year 2009. reimbursement information for purposes of SEC. 207. Appropriations available in this the ‘‘Construction, major projects’’ and section 1729 of such title: Provided, That the ‘‘Construction, minor projects’’ accounts, to title shall be available to pay prior year obli- Secretary may recover, in the same manner gations of corresponding prior year appro- remain available until expended for the pur- as any other debt due the United States, the poses of these accounts. priations accounts resulting from sections reasonable charges for such care or services 3328(a), 3334, and 3712(a) of title 31, United SEC. 218. None of the funds made available from any person who does not make such dis- in this title may be used to implement any States Code, except that if such obligations closure as required: Provided further, That are from trust fund accounts they shall be policy prohibiting the Directors of the Vet- any amounts so recovered for care or serv- erans Integrated Services Networks from payable only from ‘‘Compensation and pen- ices provided in a prior fiscal year may be sions’’. conducting outreach or marketing to enroll obligated by the Secretary during the fiscal new veterans within their respective Net- (INCLUDING TRANSFER OF FUNDS) year in which amounts are received. works. SEC. 208. Notwithstanding any other provi- (INCLUDING TRANSFER OF FUNDS) SEC. 219. The Secretary of Veterans Affairs sion of law, during fiscal year 2010, the Sec- SEC. 213. Notwithstanding any other provi- shall submit to the Committees on Appro- retary of Veterans Affairs shall, from the priations of both Houses of Congress a quar- National Service Life Insurance Fund (38 sion of law, proceeds or revenues derived from enhanced-use leasing activities (includ- terly report on the financial status of the U.S.C. 1920), the Veterans’ Special Life Insur- Veterans Health Administration. ance Fund (38 U.S.C. 1923), and the United ing disposal) may be deposited into the States Government Life Insurance Fund (38 ‘‘Construction, major projects’’ and ‘‘Con- (INCLUDING TRANSFER OF FUNDS) struction, minor projects’’ accounts and be U.S.C. 1955), reimburse the ‘‘General oper- SEC. 220. Amounts made available under ating expenses’’ and ‘‘Information tech- used for construction (including site acquisi- the ‘‘Medical services’’, ‘‘Medical support nology systems’’ accounts for the cost of ad- tion and disposition), alterations, and im- and compliance’’, ‘‘Medical facilities’’, ‘‘Gen- ministration of the insurance programs fi- provements of any medical facility under the eral operating expenses’’, and ‘‘National nanced through those accounts: Provided, jurisdiction or for the use of the Department Cemetery Administration’’ accounts for fis- That reimbursement shall be made only from of Veterans Affairs. Such sums as realized cal year 2010, may be transferred to or from the surplus earnings accumulated in such an are in addition to the amount provided for in the ‘‘Information technology systems’’ ac- insurance program during fiscal year 2010 ‘‘Construction, major projects’’ and ‘‘Con- count: Provided, That before a transfer may that are available for dividends in that pro- struction, minor projects’’. take place, the Secretary of Veterans Affairs SEC. 214. Amounts made available under gram after claims have been paid and actu- shall request from the Committees on Appro- ‘‘Medical services’’ are available— arially determined reserves have been set priations of both Houses of Congress the au- (1) for furnishing recreational facilities, aside: Provided further, That if the cost of ad- thority to make the transfer and an approval supplies, and equipment; and ministration of such an insurance program is issued. (2) for funeral expenses, burial expenses, exceeds the amount of surplus earnings accu- SEC. 221. Amounts made available for the and other expenses incidental to funerals and mulated in that program, reimbursement ‘‘Information technology systems’’ account burials for beneficiaries receiving care in the shall be made only to the extent of such sur- may be transferred between projects: Pro- Department. plus earnings: Provided further, That the Sec- vided, That no project may be increased or retary shall determine the cost of adminis- (INCLUDING TRANSFER OF FUNDS) decreased by more than $1,000,000 of cost tration for fiscal year 2010 which is properly SEC. 215. Such sums as may be deposited to prior to submitting a request to the Commit- allocable to the provision of each such insur- the Medical Care Collections Fund pursuant tees on Appropriations of both Houses of ance program and to the provision of any to section 1729A of title 38, United States Congress to make the transfer and an ap- total disability income insurance included in Code, may be transferred to ‘‘Medical serv- proval is issued, or absent a response, a pe- that insurance program. ices’’, to remain available until expended for riod of 30 days has elapsed.

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(INCLUDING TRANSFER OF FUNDS) territories and possessions; rent of office and main available until September 30, 2012: Pro- SEC. 222. Any balances in prior year ac- garage space in foreign countries; purchase vided, That notwithstanding any other provi- counts established for the payment of bene- (one-for-one replacement basis only) and hire sion of law, such funds may be obligated and fits under the Reinstated Entitlement Pro- of passenger motor vehicles; not to exceed expended to carry out planning and design gram for Survivors shall be transferred to $7,500 for official reception and representa- and military construction projects not oth- and merged with amounts available under tion expenses; and insurance of official erwise authorized by law. the ‘‘Compensation and pensions’’ account, motor vehicles in foreign countries, when re- TITLE V and receipts that would otherwise be cred- quired by law of such countries, $63,549,000, DEPARTMENT OF VETERANS AFFAIRS to remain available until expended. ited to the accounts established for the pay- VETERANS HEALTH ADMINISTRATION FOREIGN CURRENCY FLUCTUATIONS ACCOUNT ment of benefits under the Reinstated Enti- MEDICAL SERVICES tlement Program for Survivors program For necessary expenses, not otherwise pro- For necessary expenses for furnishing, as shall be credited to amounts available under vided for, of the American Battle Monu- authorized by law, inpatient and outpatient the ‘‘Compensation and pensions’’ account. ments Commission, such sums as may be care and treatment to beneficiaries of the SEC. 223. The Department shall continue necessary, to remain available until ex- Department of Veterans Affairs and veterans research into Gulf War illness at levels not pended, for purposes authorized by section described in section 1705(a) of title 38, United less than those made available in fiscal year 2109 of title 36, United States Code. States Code, including care and treatment in 2009, within available funds contained in this UNITED STATES COURT OF APPEALS FOR facilities not under the jurisdiction of the Act. VETERANS CLAIMS Department, and including medical supplies SEC. 224. (a) Upon a determination by the SALARIES AND EXPENSES and equipment, food services, and salaries Secretary of Veterans Affairs that such ac- and expenses of healthcare employees hired tion is in the national interest, and will have For necessary expenses for the operation of under title 38, United States Code, and aid to a direct benefit for veterans through in- the United States Court of Appeals for Vet- State homes as authorized by section 1741 of creased access to treatment, the Secretary of erans Claims as authorized by sections 7251 title 38, United States Code; $37,136,000,000, Veterans Affairs may transfer not more than through 7298 of title 38, United States Code, plus reimbursements, which shall become $5,000,000 to the Secretary of Health and $27,115,000, of which $1,820,000 shall be avail- available on October 1, 2010, and shall remain Human Services for the Graduate Psy- able for the purpose of providing financial available through September 30, 2011: Pro- chology Education Program, which includes assistance as described, and in accordance vided, That, notwithstanding any other pro- treatment of veterans, to support increased with the process and reporting procedures vision of law, the Secretary of Veterans Af- training of psychologists skilled in the treat- set forth, under this heading in Public Law fairs shall establish a priority for the provi- ment of post-traumatic stress disorder, trau- 102–229. sion of medical treatment for veterans who matic brain injury, and related disorders. DEPARTMENT OF DEFENSE—CIVIL have service-connected disabilities, lower in- (b) The Secretary of Health and Human CEMETERIAL EXPENSES, ARMY come, or have special needs: Provided further, Services may only use funds transferred SALARIES AND EXPENSES That, notwithstanding any other provision under this section for the purposes described For necessary expenses, as authorized by of law, the Secretary of Veterans Affairs in subsection (a). law, for maintenance, operation, and im- shall give priority funding for the provision (c) The Secretary of Veterans Affairs shall provement of Arlington National Cemetery of basic medical benefits to veterans in en- notify Congress of any such transfer of funds and Soldiers’ and Airmen’s Home National rollment priority groups 1 through 6: Pro- under this section. Cemetery, including the purchase of two pas- vided further, That, notwithstanding any SEC. 225. None of the funds appropriated or senger motor vehicles for replacement only, other provision of law, the Secretary of Vet- otherwise made available by this Act or any and not to exceed $1,000 for official reception erans Affairs may authorize the dispensing other Act for the Department of Veterans and representation expenses, $37,200,000, to of prescription drugs from Veterans Health Affairs may be used in a manner that is in- remain available until expended. In addition, Administration facilities to enrolled vet- consistent with— such sums as may be necessary for parking erans with privately written prescriptions (1) section 842 of the Transportation, maintenance, repairs and replacement, to be based on requirements established by the Treasury, Housing and Urban Development, derived from the Lease of Department of De- Secretary: Provided further, That the imple- the Judiciary, and Independent Agencies Ap- fense Real Property for Defense Agencies ac- mentation of the program described in the propriations Act, 2006 (Public Law 109–115; count. previous proviso shall incur no additional 119 Stat. 2506); or Funds appropriated under this Act may be cost to the Department of Veterans Affairs: (2) section 8110(a)(5) of title 38, United provided to Arlington County, Virginia, for Provided further, That for the Department of States Code. the relocation of the federally owned water Defense/Department of Veterans Affairs SEC. 226. Of the amounts made available to main at Arlington National Cemetery mak- the Department of Veterans Affairs for fiscal Health Care Sharing Incentive Fund, as au- ing additional land available for ground bur- thorized by section 8111(d) of title 38, United year 2010, in this Act or any other Act, under ials. the ‘‘Medical Facilities’’ account for non-re- States Code, a minimum of $15,000,000, to re- curring maintenance, not more than 20 per- ARMED FORCES RETIREMENT HOME main available until expended, for any pur- cent of the funds made available shall be ob- TRUST FUND pose authorized by section 8111 of title 38, ligated during the last 2 months of the fiscal For expenses necessary for the Armed United States Code. year: Provided, That the Secretary may Forces Retirement Home to operate and MEDICAL SUPPORT AND COMPLIANCE waive this requirement after providing writ- maintain the Armed Forces Retirement For necessary expenses in the administra- ten notice to the Committees on Appropria- Home—Washington, District of Columbia, tion of the medical, hospital, nursing home, tions of both Houses of Congress. and the Armed Forces Retirement Home— domiciliary, construction, supply, and re- SEC. 227. Section 1925(d)(3) of title 38, Gulfport, Mississippi, to be paid from funds search activities, as authorized by law; ad- United States Code, is amended by striking available in the Armed Forces Retirement ministrative expenses in support of capital ‘‘appropriation ‘General Operating Expenses, Home Trust Fund, $134,000,000, of which policy activities; and administrative and Department of Veterans Affairs’ ’’, and in- $72,000,000 shall remain available until ex- legal expenses of the Department for col- serting ‘‘appropriations for ‘General Oper- pended for construction and renovation of lecting and recovering amounts owed the De- ating Expenses and Information Technology the physical plants at the Armed Forces Re- partment as authorized under chapter 17 of Systems, Department of Veterans Affairs’ ’’. tirement Home—Washington, District of Co- title 38, United States Code, and the Federal SEC. 228. Section 1922(a) of title 38, United lumbia, and the Armed Forces Retirement Medical Care Recovery Act (42 U.S.C. 2651 et States Code, is amended by striking ‘‘(5) ad- Home—Gulfport, Mississippi. seq.); $5,307,000,000, plus reimbursements, ministrative costs to the Government for the TITLE IV which shall become available on October 1, costs of’’, and inserting ‘‘(5) administrative OVERSEAS CONTINGENCIES 2010, and shall remain available through Sep- support performed by General Operating Ex- OPERATIONS tember 30, 2011. penses and Information Technology Systems, MEDICAL FACILITIES MILITARY CONSTRUCTION Department of Veterans Affairs, for’’. For necessary expenses for the mainte- MILITARY CONSTRUCTION, ARMY TITLE III nance and operation of hospitals, nursing For an additional amount for ‘‘Military RELATED AGENCIES homes, and domiciliary facilities and other Construction, Army’’, $924,484,000, to remain necessary facilities of the Veterans Health AMERICAN BATTLE MONUMENTS COMMISSION available until September 30, 2012: Provided, Administration; for administrative expenses SALARIES AND EXPENSES That notwithstanding any other provision of in support of planning, design, project man- For necessary expenses, not otherwise pro- law, such funds may be obligated and ex- agement, real property acquisition and dis- vided for, of the American Battle Monu- pended to carry out planning and design and position, construction, and renovation of any ments Commission, including the acquisition military construction projects not otherwise facility under the jurisdiction or for the use of land or interest in land in foreign coun- authorized by law. of the Department; for oversight, engineer- tries; purchases and repair of uniforms for MILITARY CONSTRUCTION, AIR FORCE ing, and architectural activities not charged caretakers of national cemeteries and monu- For an additional amount for ‘‘Military to project costs; for repairing, altering, im- ments outside of the United States and its Construction, Air Force’’, $474,500,000, to re- proving, or providing facilities in the several

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Code, exceeding 25 percent of the appro- tember 30, 2011. (b) Of the amount appropriated or other- priated amount for military construction TITLE VI wise made available by title I of the Military projects funded by this Act, the Supple- Construction and Veterans Affairs Appro- mental Appropriations Act, 2009 (Public Law GENERAL PROVISIONS priations Act, 2009 (division E of Public Law 111–32), and the Military Construction and SEC. 601. No part of any appropriation con- 110–329; 122 Stat. 3692) under the heading Veterans Affairs Appropriations Act, 2009 tained in this Act shall remain available for ‘‘MILITARY CONSTRUCTION, AIR FORCE’’ and (division E of Public Law 110-329), including obligation beyond the current fiscal year un- available for the purpose of Unmanned Aer- projects funded through the regular military less expressly so provided herein. ial System Field Training facilities con- construction accounts, the Department of SEC. 602. Such sums as may be necessary struction, $37,500,000 is hereby rescinded. Defense Base Closure Account 2005, and the for fiscal year 2010 for pay raises for pro- overseas contingency operations military grams funded by this Act shall be absorbed SA 2732. Mr. JOHNSON (for himself construction accounts. within the levels appropriated in this Act. and Mrs. HUTCHISON) proposed an SEC. 603. None of the funds made available amendment to amendment SA 2730 pro- SA 2735. Mr. INOUYE (for himself, in this Act may be used for any program, Mr. COCHRAN, and Mr. JOHNSON) sub- project, or activity, when it is made known posed by Mr. JOHNSON (for himself and to the Federal entity or official to which the Mrs. HUTCHISON) to the bill H.R. 3082, mitted an amendment intended to be funds are made available that the program, making appropriations for military proposed to amendment SA 2730 pro- project, or activity is not in compliance with construction, the Department of Vet- posed by Mr. JOHNSON (for himself and any Federal law relating to risk assessment, erans Affairs, and related agencies for Mrs. HUTCHISON) to the bill H.R. 3082, the protection of private property rights, or the fiscal year ending September 30, making appropriations for military unfunded mandates. 2010, and for other purposes; as follows: construction, the Department of Vet- SEC. 604. No part of any funds appropriated On page 56, between lines 9 and 10, insert erans Affairs, and related agencies for in this Act shall be used by an agency of the the fiscal year ending September 30, executive branch, other than for normal and the following: recognized executive-legislative relation- SEC. 401. Amounts appropriated or other- 2010, and for other purposes; which was ships, for publicity or propaganda purposes, wise made available by this title are des- ordered to lie on the table; as follows: and for the preparation, distribution, or use ignated as being for overseas deployments On page 27, between lines 3 and 4, insert of any kit, pamphlet, booklet, publication, and other activities pursuant to sections the following: radio, television, or film presentation de- 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th SEC. 128. (a)(1) The amount appropriated or signed to support or defeat legislation pend- Congress), the concurrent resolution on the otherwise made available by this title under ing before Congress, except in presentation budget for fiscal year 2010. the heading ‘‘MILITARY CONSTRUCTION, DE- to Congress itself. FENSE-WIDE’’ is hereby increased by SEC. 605. All departments and agencies SA 2733. Mr. JOHNSON submitted an $68,500,000, with the amount of such increase funded under this Act are encouraged, within amendment intended to be proposed to to remain available until September 30, 2014. the limits of the existing statutory authori- amendment SA 2730 proposed by Mr. (2) Of the amount appropriated or other- ties and funding, to expand their use of ‘‘E- JOHNSON (for himself and Mrs. wise made available by this title under the Commerce’’ technologies and procedures in HUTCHISON) to the bill H.R. 3082, mak- heading ‘‘MILITARY CONSTRUCTION, DEFENSE- the conduct of their business practices and ing appropriations for military con- WIDE’’, as increased by paragraph (1), public service activities. struction, the Department of Veterans $68,500,000 shall be available for the construc- tion of an Aegis Ashore Test Facility at the SEC. 606. None of the funds made available Affairs, and related agencies for the fis- in this Act may be transferred to any depart- Pacific Missile Range Facility, Hawaii. Not- ment, agency, or instrumentality of the cal year ending September 30, 2010, and withstanding any other provision of law, United States Government except pursuant for other purposes; which was ordered such funds may be obligated and expended to to a transfer made by, or transfer authority to lie on the table; as follows: carry out planning and design and construc- provided in, this or any other appropriations On page 52, after line 21, add the following: tion not otherwise authorized by law. Act. SEC. 229. (a)(1) The amount appropriated or (b) Of the amount appropriated or other- SEC. 607. Unless stated otherwise, all re- otherwise made available by this title under wise made available by title I of the Military ports and notifications required by this Act the heading ‘‘CONSTRUCTION, MINOR Construction and Veterans Affairs Appro- shall be submitted to the Subcommittee on PROJECTS’’ is hereby increased by $50,000,000. priations Act, 2009 (division E of Public Law Military Construction, Veterans Affairs, and (2) Of the amount appropriated or other- 110–329; 122 Stat. 3692) under the heading Related Agencies of the Committee on Ap- wise made available by this title under the ‘‘MILITARY CONSTRUCTION, DEFENSE-WIDE’’ propriations of the House of Representatives heading ‘‘CONSTRUCTION, MINOR PROJECTS’’, as and available for the purpose of European and the Subcommittee on Military Construc- increased by paragraph (1), $50,000,000 shall Ballistic Missile Defense program construc- tion, Veterans Affairs, and Related Agencies be available for renovation of Department of tion, $68,500,000 is hereby rescinded. of the Committee on Appropriations of the Veterans Affairs buildings for the purpose of Senate. converting unused structures into housing SA 2736. Mr. AKAKA (for himself and This Act may be cited as the ‘‘Military with supportive services for homeless vet- Mr. VOINOVICH) proposed an amend- Construction and Veterans Affairs and Re- erans. ment to the bill S. 806, to provide for lated Agencies Appropriations Act, 2010’’. (b) The amount appropriated or otherwise the establishment, administration, and made available by title I under the heading funding of Federal Executive Boards, SA 2731. Mr. BINGAMAN (for himself ‘‘HOMEOWNERS ASSISTANCE FUND’’ is hereby and for other purposes; as follows: and Mr. UDALL of New Mexico) sub- reduced by $50,000,000. mitted an amendment intended to be Strike all after the enacting clause and in- sert the following: proposed to amendment SA 2730 pro- SA 2734. Mr. JOHNSON submitted an SECTION 1. SHORT TITLE. posed by Mr. JOHNSON (for himself and amendment intended to be proposed to amendment SA 2730 proposed by Mr. This Act may be cited as the ‘‘Federal Ex- Mrs. HUTCHISON) to the bill H.R. 3082, ecutive Board Authorization Act of 2009’’. JOHNSON (for himself and Mrs. making appropriations for military SEC. 2. FEDERAL EXECUTIVE BOARDS. HUTCHISON) to the bill H.R. 3082, mak- construction, the Department of Vet- (a) IN GENERAL.—Chapter 11 of title 5, erans Affairs, and related agencies for ing appropriations for military con- United States Code, is amended by adding at the fiscal year ending September 30, struction, the Department of Veterans the end the following: 2010, and for other purposes; which was Affairs, and related agencies for the fis- ‘‘§ 1106. Federal Executive Boards cal year ending September 30, 2010, and ordered to lie on the table; as follows: ‘‘(a) PURPOSES.—The purposes of this sec- On page 27, between lines 3 and 4, insert for other purposes; which was ordered tion are to— the following: to lie on the table; as follows: ‘‘(1) strengthen the coordination of Gov- SEC. 128. (a)(1) The amount appropriated or On page 27, between lines 3 and 4, insert ernment activities; otherwise made available by this title under the following: ‘‘(2) facilitate interagency collaboration to the heading ‘‘MILITARY CONSTRUCTION, AIR SEC. 128. Not later than each of April 15, improve the efficiency and effectiveness of FORCE’’ is hereby increased by $37,500,000. 2010, July 15, 2010, and October 15, 2010, the Federal programs;

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‘‘(3) facilitate communication and collabo- ‘‘(F) administering Federal Executive ‘‘(B) IN-KIND CONTRIBUTIONS.—At the sole ration on Federal emergency preparedness Board funding through the fund established discretion of the Director, the headquarters and continuity of operations for the Federal in subsection (f). of an agency may provide in-kind contribu- workforce in applicable geographic areas; ‘‘(2) STAFFING.—In making designations tions instead of providing monetary con- and under paragraph (1)(B), the Director shall tributions to the fund. ‘‘(4) provide stable funding for Federal Ex- give preference to agencies staffing Federal ‘‘(4) USE OF EXCESS AMOUNTS.—Any unobli- ecutive Boards. Executive Boards. gated and unexpended balances in the fund ‘‘(b) DEFINITIONS.—In this section: ‘‘(e) GOVERNANCE AND ACTIVITIES.— which the Director determines to be in ex- ‘‘(1) AGENCY.—The term ‘agency’— ‘‘(1) IN GENERAL.—Each Federal Executive cess of amounts needed for essential Federal ‘‘(A) means an Executive agency as defined Board shall— Executive Board functions shall be allocated under section 105; and ‘‘(A) subject to the approval of the Direc- by the Director, in consultation with the ‘‘(B) shall not include the Government Ac- tor, adopt by-laws or other rules for the in- headquarters of agencies participating in countability Office. ternal governance of the Federal Executive Federal Executive Boards, among the Fed- ‘‘(2) DIRECTOR.—The term ‘Director’ means Board; eral Executive Boards for the activities the Director of the Office of Personnel Man- ‘‘(B) elect a Chairperson from among the under subsection (e) and other priorities, agement. members of the Federal Executive Board, such as conducting training. ‘‘(3) FEDERAL EXECUTIVE BOARD.—The term who shall serve for a set term; ‘‘(5) ADMINISTRATIVE AND OVERSIGHT ‘Federal Executive Board’ means an inter- ‘‘(C) serve as an instrument of outreach for COSTS.—The Office of Personnel Management agency entity established by the Director, in the national headquarters of agencies relat- shall pay for costs relating to administrative consultation with the headquarters of appro- ing to agency activities in the geographic and oversight activities conducted under priate agencies, in a geographic area with a area; subsection (d) from appropriations made high concentration of Federal employees ‘‘(D) provide a forum for the exchange of available to the Office of Personnel Manage- outside the Washington, DC. metropolitan information relating to programs and man- ment. area to strengthen the management and ad- agement methods and problems— ‘‘(g) REPORTS.—The Director shall submit ministration of agency activities and coordi- ‘‘(i) between the national headquarters of annual reports to Congress and agencies on nation among local Federal officers to imple- agencies and the field; and Federal Executive Board program outcomes ment national initiatives in that geographic ‘‘(ii) among field elements in the geo- and budget matters. area. ‘‘(h) REGULATIONS.—The Director shall pre- ‘‘(c) ESTABLISHMENT.— graphic area; scribe regulations necessary to carry out ‘‘(1) IN GENERAL.—The Director shall estab- ‘‘(E) develop local coordinated approaches this section.’’. lish Federal Executive Boards in geographic to the development and operation of pro- EPORT.—Not later than 60 days after areas outside the Washington, D.C. metro- grams that have common characteristics; (b) R politan area. Before establishing Federal Ex- ‘‘(F) communicate management initiatives the date of enactment of this Act, the Direc- ecutive Boards that are not in existence on and other concerns from Federal officers and tor of the Office of Personnel Management the date of enactment of this section, the Di- employees in the Washington, D.C. area to shall submit a report to the Committee on rector shall consult with the headquarters of Federal officers and employees in the geo- Homeland Security and Governmental Af- appropriate agencies to determine the num- graphic area to achieve better mutual under- fairs of the Senate and the Committee on ber and location of the Federal Executive standing and support; Oversight and Government Reform of the Boards. ‘‘(G) develop relationships with State and House of Representatives that includes— ‘‘(2) MEMBERSHIP.—Each Federal Executive local governments and nongovernmental or- (1) a description of essential Federal Exec- Board for a geographic area shall consist of ganizations to help fulfill the roles and re- utive Board functions; an appropriate senior officer for each agency sponsibilities of that Board; (2) details of basic staffing requirements in that geographic area. The appropriate sen- ‘‘(H) in coordination with appropriate for each Federal Executive Board; ior officer may designate, by title of office, agencies and consistent with any relevant (3) estimates of basic staffing and oper- an alternate representative who shall attend memoranda of understanding between the ating expenses for each Federal Executive meetings and otherwise represent the agency Office of Personnel Management and such Board; and on the Federal Executive Board in the ab- agencies, facilitate communication, collabo- (4) a comparison of basic staffing and oper- sence of the appropriate senior officer. An al- ration, and training to prepare the Federal ating expenses for Federal Executive Boards ternate representative shall be a senior offi- workforce for emergencies and continuity of operating before the date of enactment of cer in the agency. operations; and this Act and such expenses for Federal Exec- ‘‘(3) LOCATION OF FEDERAL EXECUTIVE ‘‘(I) take other actions as agreed to by the utive Boards after the implementation of BOARDS.—In determining the location for the Federal Executive Board and the Director. this Act. establishment of Federal Executive Boards, ‘‘(2) COORDINATION OF CERTAIN ACTIVITIES.— (c) TECHNICAL AND CONFORMING AMEND- the Director shall consider— The facilitation of communication, collabo- MENTS.—The table of sections for chapter 11 ‘‘(A) whether a Federal Executive Board ration, and training described under para- of title 5, United States Code, is amended by exists in a geographic area on the date of en- graph (1)(H) shall, when appropriate, be co- inserting after the item relating to section actment of this section; ordinated and defined through memoranda of 1105 the following: ‘‘(B) whether a geographic area has a understanding entered into between the Di- ‘‘1106. Federal Executive Boards.’’. strong, viable, and active Federal Executive rector and headquarters of appropriate agen- Association; cies. f ‘‘(C) whether the Federal Executive Asso- ‘‘(f) FUNDING.— ciation of a geographic area petitions the Di- ‘‘(1) ESTABLISHMENT OF FUND.—The Direc- rector to become a Federal Executive Board; tor shall establish a fund within the Office of AUTHORITY FOR COMMITTEES TO and Personnel Management for financing essen- MEET tial Federal Executive Board functions— ‘‘(D) such other factors as the Director and COMMITTEE ON BANKING, HOUSING, AND URBAN ‘‘(A) including basic staffing and operating the headquarters of appropriate agencies AFFAIRS consider relevant. expenses; and ‘‘(d) ADMINISTRATION AND OVERSIGHT.— ‘‘(B) excluding the costs of the Office of Ms. MIKULSKI. Mr. President, I ask ‘‘(1) IN GENERAL.—The Director shall pro- Personnel Management relating to adminis- unanimous consent that the Com- vide for the administration and oversight of trative and oversight activities conducted mittee on Banking, Housing, and Federal Executive Boards, including— under subsection (d). Urban Affairs be authorized to meet ‘‘(A) establishing staffing policies in con- ‘‘(2) DEPOSITS.—There shall be deposited in during the session of the Senate on No- sultation with the headquarters of agencies the fund established under paragraph (1) con- vember 5, 2009, at 9:30 a.m. participating in Federal Executive Boards; tributions from the headquarters of each The PRESIDING OFFICER. Without ‘‘(B) designating an agency to staff each agency participating in Federal Executive objection, it is so ordered. Federal Executive Board based on rec- Boards, in an amount determined by a for- ommendations from that Federal Executive mula established by the Director, in con- COMMITTEE ON ENVIRONMENT AND PUBLIC Board; sultation with the headquarters of such WORKS ‘‘(C) establishing communications policies agencies and the Office of Management and Ms. MIKULSKI. Mr. President, I ask for the dissemination of information to Budget. unanimous consent that the Com- agencies; ‘‘(3) CONTRIBUTIONS.— mittee on Environment and Public ‘‘(D) in consultation with the headquarters ‘‘(A) FORMULA.—The formula for contribu- Works, be authorized to meet during of appropriate agencies, establishing per- tions established by the Director shall con- the session of the Senate on November formance standards for the Federal Execu- sider the number of employees in each agen- tive Board staff; cy in all geographic areas served by Federal 5, 2009, at 9 a.m. in room 406 of the ‘‘(E) developing accountability initiatives Executive Boards. The contribution of the Dirksen Senate Office Building. to ensure Federal Executive Boards are headquarters of each agency to the fund The PRESIDING OFFICER. Without meeting performance standards; and shall be recalculated at least every 2 years. objection, it is so ordered.

VerDate Nov 24 2008 04:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.095 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11233 COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without centration of Federal employees outside the Ms. MIKULSKI. Mr. President, I ask objection, it is so ordered. Washington, D.C. metropolitan area to strengthen the management and administration unanimous consent that the Com- SUBCOMMITTEE ON WATER AND POWER of agency activities and coordination among mittee on Foreign Relations be author- Ms. MIKULSKI. Mr. President, I ask ized to meet during the session of the local Federal officers to implement national ini- unanimous consent that the Sub- tiatives in that geographic area. Senate on November 5, 2009, at 2:30 p.m. committee on Water and Power be au- ‘‘(c) ESTABLISHMENT.— The PRESIDING OFFICER. Without thorized to meet during the session of ‘‘(1) IN GENERAL.—The Director shall establish objection, it is so ordered. the Senate to conduct a hearing on No- Federal Executive Boards in geographic areas COMMITTEE ON HEALTH, EDUCATION, LABOR, vember 5, at 2:30 p.m., in room SD–366 outside the Washington, D.C. metropolitan area. AND PENSIONS of the Dirksen Senate Office Building. Before establishing Federal Executive Boards Ms. MIKULSKI. Mr. President, I ask The PRESIDING OFFICER. Without that are not in existence on the date of enact- unanimous consent that the Com- objection, it is so ordered. ment of this section, the Director shall consult mittee on Health, Education, Labor, with the headquarters of appropriate agencies f and Pensions be authorized to meet to determine the number and location of the during the session of the Senate, to PRIVILEGES OF THE FLOOR Federal Executive Boards. conduct a hearing entitled ‘‘Employ- Ms. MIKULSKI. Mr. President, I ask ‘‘(2) MEMBERSHIP.—Each Federal Executive Board for a geographic area shall consist of an ment Non-Discrimination Act: Ensur- unanimous consent, on behalf of Sen- appropriate senior officer for each agency in ing Opportunity for All Americans’’ on ator DURBIN, that Richard Burkard, a that geographic area. The appropriate senior of- November 5, 2009. The hearing will detailee from the Financial Services ficer may designate, by title of office, an alter- commence at 10 a.m. in room 430 of the and General Government Appropria- nate representative who shall attend meetings Dirksen Senate Office Building. tions Subcommittee, be granted the and otherwise represent the agency on the Fed- The PRESIDING OFFICER. Without privilege of the floor during the consid- eral Executive Board in the absence of the ap- objection, it is so ordered. eration of the Commerce-Justice- propriate senior officer. An alternate represent- COMMITTEE ON HOMELAND SECURITY AND Science Appropriations Act and any ative shall be a senior officer in the agency. GOVERNMENTAL AFFAIRS votes thereon. ‘‘(3) LOCATION OF FEDERAL EXECUTIVE Ms. MIKULSKI. Mr. President, I ask The PRESIDING OFFICER. Without BOARDS.—In determining the location for the es- unanimous consent that the Com- tablishment of Federal Executive Boards, the objection, it is so ordered. Director shall consider— mittee on Homeland Security and Gov- f ‘‘(A) whether a Federal Executive Board ex- ernmental Affairs be authorized to ists in a geographic area on the date of enact- meet during the session of the Senate FEDERAL EXECUTIVE BOARD AUTHORIZATION ACT OF 2009 ment of this section; on November 5, 2009, at 10 a.m. to con- ‘‘(B) whether a geographic area has a strong, duct a hearing entitled ‘‘Business For- Mr. CASEY. Mr. President, I ask viable, and active Federal Executive Associa- mation and Financial Crime: Finding a unanimous consent that the Senate tion; Legislative Solution.’’ proceed to the immediate consider- ‘‘(C) whether the Federal Executive Associa- The PRESIDING OFFICER. Without ation of Calendar No. 164, S. 806. tion of a geographic area petitions the Director objection, it is so ordered. The PRESIDING OFFICER. The to become a Federal Executive Board; and ‘‘(D) such other factors as the Director and COMMITTEE ON THE JUDICIARY clerk will report the bill by title. the headquarters of appropriate agencies con- Ms. MIKULSKI. Mr. President, I ask The assistant legislative clerk read as follows: sider relevant. unanimous consent that the Com- ‘‘(d) ADMINISTRATION AND OVERSIGHT.— mittee on the Judiciary be authorized A bill (S. 806) to provide for the establish- ‘‘(1) IN GENERAL.—The Director shall provide to meet during the session of the Sen- ment and administration and funding of Fed- for the administration and oversight of Federal ate on November 5, 2009, at 10 a.m., in eral Executive Boards, and for other pur- Executive Boards, including— SD–226 of the Dirksen Senate Office poses. ‘‘(A) establishing staffing policies in consulta- Building, to conduct an executive busi- There being no objection, the Senate tion with the headquarters of agencies partici- ness meeting. proceeded to consider the bill which pating in Federal Executive Boards; The PRESIDING OFFICER. Without had been reported from the Committee ‘‘(B) designating an agency to staff each Fed- objection, it is so ordered. on Homeland Security and Govern- eral Executive Board based on recommendations from that Federal Executive Board; COMMITTEE ON VETERANS’ AFFAIRS mental Affairs, with an amendment to strike all after the enacting clause and ‘‘(C) establishing communications policies for Ms. MIKULSKI. Mr. President, I ask the dissemination of information to agencies; unanimous consent that the Com- insert in lieu thereof the following: ‘‘(D) in consultation with the headquarters of mittee on Veterans’ Affairs be author- SECTION 1. SHORT TITLE. appropriate agencies, establishing performance ized to meet during the session of the This Act may be cited as the ‘‘Federal Execu- standards for the Federal Executive Board staff; Senate on November 5, 2009 at 10 a.m. tive Board Authorization Act of 2009’’. ‘‘(E) developing accountability initiatives to to conduct a hearing on VA and Indian SEC. 2. FEDERAL EXECUTIVE BOARDS. ensure Federal Executive Boards are meeting (a) IN GENERAL.—Chapter 11 of title 5, United performance standards; and Health Service Cooperation. The Com- States Code, is amended by adding at the end mittee will meet in room 418 of the ‘‘(F) administering Federal Executive Board the following: funding through the fund established in sub- Russell Senate Office Building begin- ‘‘§ 1106. Federal Executive Boards section (f). ning at 10 a.m. ‘‘(a) PURPOSES.—The purposes of this section ‘‘(2) STAFFING.—In making designations under The PRESIDING OFFICER. Without are to— paragraph (1)(B), the Director shall give pref- objection, it is so ordered. ‘‘(1) strengthen the coordination of Govern- erence to agencies staffing Federal Executive SELECT COMMITTEE ON INTELLIGENCE ment activities; Boards. Ms. MIKULSKI. Mr. President, I ask ‘‘(2) facilitate interagency collaboration to im- ‘‘(e) GOVERNANCE AND ACTIVITIES.—Each Fed- unanimous consent that the Com- prove the efficiency and effectiveness of Federal eral Executive Board shall— programs; ‘‘(1) subject to the approval of the Director, mittee on Intelligence be authorized to ‘‘(3) facilitate communication and collabora- meet during the session of the Senate adopt by-laws or other rules for the internal tion on Federal activities outside the Wash- governance of the Federal Executive Board; on November 5, 2009, at 3 p.m. ington, D.C. metropolitan area; and The PRESIDING OFFICER. Without ‘‘(2) elect a Chairperson from among the mem- ‘‘(4) provide stable funding for Federal Execu- bers of the Federal Executive Board, who shall objection, it is so ordered. tive Boards. serve for a set term; ‘‘(b) DEFINITIONS.—In this section: SUBCOMMITTEE ON CRIME AND DRUGS ‘‘(3) serve as an instrument of outreach for ‘‘(1) AGENCY.—The term ‘agency’— Ms. MIKULSKI. Mr. President, I ask ‘‘(A) means an Executive agency as defined the national headquarters of agencies relating unanimous consent that the Com- under section 105; and to agency activities in the geographic area; mittee on the Judiciary, Sub- ‘‘(B) shall not include the Government Ac- ‘‘(4) provide a forum for the exchange of in- committee on Crime and Drugs, be au- countability Office. formation relating to programs and management thorized to meet during the session of ‘‘(2) DIRECTOR.—The term ‘Director’ means methods and problems— the Senate on November 5, 2009, at 2 the Director of the Office of Personnel Manage- ‘‘(A) between the national headquarters of agencies and the field; and p.m., in room SD–226 of the Dirksen ment. ‘‘(3) FEDERAL EXECUTIVE BOARD.—The term ‘‘(B) among field elements in the geographic Senate Office Building, to conduct a ‘Federal Executive Board’ means an interagency area; hearing entitled ‘‘The First Line of De- entity established by the Director, in consulta- ‘‘(5) develop local coordinated approaches to fense: Reducing Recidivism at the tion with the headquarters of appropriate agen- the development and operation of programs that Local Level.’’ cies, in a geographic area with a high con- have common characteristics;

VerDate Nov 24 2008 04:57 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00103 Fmt 0624 Sfmt 6333 E:\CR\FM\A05NO6.094 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11234 CONGRESSIONAL RECORD — SENATE November 5, 2009 ‘‘(6) communicate management initiatives and title 5, United States Code, is amended by insert- We do not intend for MOUs to be cre- other concerns from Federal officers and em- ing after the item relating to section 1105 the fol- ated for every activity that FEBs par- ployees in the Washington, D.C. area to Federal lowing: ticipate in, nor with every agency par- officers and employees in the geographic area to ‘‘1106. Federal Executive Boards.’’. ticipating in FEBs. As the substitute achieve better mutual understanding and sup- EMERGENCY PREPAREDNESS amendment states, MOUs should be port; Mr. AKAKA. Mr. President, Senator ‘‘(7) develop relationships with State and local created where appropriate. OPM may governments and nongovernmental organiza- VOINOVICH and I have offered a floor need MOUs with those agencies with tions to help in coordinating agency outreach; amendment to S. 806, the Federal Exec- which FEBs coordinate most actively and utive Board Authorization Act of 2009, because they play a substantial role in ‘‘(8) take other actions as agreed to by the to clearly authorize and provide guid- preparing the Federal workforce for Federal Executive Board and the Director. ance for the existing work of Federal emergencies and COOP. ‘‘(f) FUNDING.— Executive Boards, FEBs, in emergency Mr. VOINOVICH. Mr. President, I ‘‘(1) ESTABLISHMENT OF FUND.—The Director preparedness and continuity of oper- shall establish a fund within the Office of Per- concur with my colleague. Our floor ations, COOP. amendment requires FEBs to coordi- sonnel Management for financing essential Fed- Mr. VOINOVICH. Mr. President, I eral Executive Board functions— nate with appropriate agencies for pre- want to thank Senator AKAKA for lead- ‘‘(A) including basic staffing and operating paredness, response, and COOP. We do expenses; and ing this amendment to recognize FEBs’ role in preparing the Federal workforce not mean that OPM must enter into a ‘‘(B) excluding the costs of the Office of Per- memorandum of understanding with sonnel Management relating to administrative for emergencies. FEBs participate in a and oversight activities conducted under sub- number of activities in this regard, in- every agency that participates in an section (d). cluding working with the Department FEB or every agency that is affected ‘‘(2) DEPOSITS.—There shall be deposited in of Health and Human Services to brief by an FEB. We believe OPM should the fund established under paragraph (1) con- the Federal workforce on points of dis- have the discretion and flexibility to tributions from the headquarters of each agency tribution that can be set up to dispense determine which agencies are the ‘‘ap- participating in Federal Executive Boards, in an propriate agencies’’ to coordinate with amount determined by a formula established by medication during health emergencies and working with the Office of Per- in any particular situation as well as the Director, in consultation with the head- the discretion to decide when that co- quarters of such agencies and the Office of sonnel Management, OPM, and the Management and Budget. Chief Human Officers Council to dis- ordination needs to be defined in ‘‘(3) CONTRIBUTIONS.— tribute information on human re- memoranda of understanding or other ‘‘(A) FORMULA.—The formula for contribu- sources flexibilities available during formal agreement. tions established by the Director shall consider snow storms and other emergencies. Mr. AKAKA. Mr. President, I thank the number of employees in each agency in all Our floor amendment clarifies that my good friend and colleague from geographic areas served by Federal Executive these activities can and should con- Ohio for entering into this colloquy. Boards. The contribution of the headquarters of Recognizing FEBs’ role in emergency each agency to the fund shall be recalculated at tinue. least every 2 years. Mr. AKAKA. Mr. President, as Sen- preparedness operations is important ‘‘(B) IN-KIND CONTRIBUTIONS.—At the sole dis- ator VOINOVICH has mentioned, FEBs to supporting their efforts to prepare cretion of the Director, the headquarters of an already participate in a range of emer- our Federal workforce. Again, I want agency may provide in-kind contributions in- gency preparedness efforts. These in- to say mahalo to Senator VOINOVICH for stead of providing monetary contributions to the clude working with OPM and indi- his leadership on this important legis- fund. vidual agencies to develop COOP plans lation. ‘‘(4) USE OF EXCESS AMOUNTS.—Any unobli- and taking other actions to prepare the Mr. CASEY. I ask unanimous consent gated and unexpended balances in the fund the committee substitute amendment which the Director determines to be in excess of Federal workforce for and protect them amounts needed for essential Federal Executive from public health dangers, inclement be withdrawn; that an Akaka- Board functions shall be allocated by the Direc- weather, and other emergencies. In Voinovich substitute amendment be tor, in consultation with the headquarters of 2004, the Government Accountability agreed to; the bill, as amended, be read agencies participating in Federal Executive Office, GAO, released a report on COOP a third time and passed; the motions to Boards, among the Federal Executive Boards for planning in the federal sector, which reconsider be laid upon the table, with the activities under subsection (e) and other pri- recognized that FEBs are uniquely po- no intervening action or debate and orities, such as conducting training. sitioned to coordinate emergency pre- any statements be printed in the ‘‘(5) ADMINISTRATIVE AND OVERSIGHT COSTS.— paredness efforts among the Federal RECORD. The Office of Personnel Management shall pay for costs relating to administrative and over- workforce, given their responsibility The PRESIDING OFFICER. Without sight activities conducted under subsection (d) for improving coordination among fed- objection, it is so ordered. from appropriations made available to the Office eral activities outside of Washington, The amendment (No. 2736) was agreed of Personnel Management. D.C. Following GAO’s recommenda- to, as follows: ‘‘(g) REPORTS.—The Director shall submit an- tion, OPM and the Federal Emergency AMENDMENT NO. 2736 nual reports to Congress and agencies on Fed- Management Agency began more close- (Purpose: In the nature of a substitute) eral Executive Board program outcomes and ly coordinating their efforts to improve Strike all after the enacting clause and in- budget matters. guidance to federal agencies on emer- ‘‘(h) REGULATIONS.—The Director shall pre- sert the following: scribe regulations necessary to carry out this gency preparation and COOP. SECTION 1. SHORT TITLE. section.’’. Our amendment recognizes and pro- This Act may be cited as the ‘‘Federal Ex- (b) REPORT.—Not later than 60 days after the vides guidance for such coordination. ecutive Board Authorization Act of 2009’’. date of enactment of this Act, the Director of Specifically, our amendment requires SEC. 2. FEDERAL EXECUTIVE BOARDS. the Office of Personnel Management shall sub- FEBs to facilitate communication and (a) IN GENERAL.—Chapter 11 of title 5, mit a report to the Committee on Homeland Se- collaboration on emergency prepared- United States Code, is amended by adding at curity and Governmental Affairs of the Senate ness and COOP activities for the Fed- the end the following: and the Committee on Oversight and Govern- eral workforce in areas where FEBs ‘‘§ 1106. Federal Executive Boards ment Reform of the House of Representatives exist. Our amendment also requires that includes— ‘‘(a) PURPOSES.—The purposes of this sec- (1) a description of essential Federal Executive each FEB to develop relationships with tion are to— Board functions; State and local governments and non- ‘‘(1) strengthen the coordination of Gov- (2) details of basic staffing requirements for governmental organizations to help ernment activities; each Federal Executive Board; fulfill the roles and responsibilities of ‘‘(2) facilitate interagency collaboration to (3) estimates of basic staffing and operating that FEB, and requires that the com- improve the efficiency and effectiveness of expenses for each Federal Executive Board; and munication, collaboration, and train- Federal programs; (4) a comparison of basic staffing and oper- ing to prepare the Federal workforce ‘‘(3) facilitate communication and collabo- ration on Federal emergency preparedness ating expenses for Federal Executive Boards op- for emergencies and COOP be defined erating before the date of enactment of this Act and continuity of operations for the Federal and such expenses for Federal Executive Boards through memoranda of understanding, workforce in applicable geographic areas; after the implementation of this Act. MOU, between the Director of OPM and and (c) TECHNICAL AND CONFORMING AMEND- the headquarters of appropriate agen- ‘‘(4) provide stable funding for Federal Ex- MENTS.—The table of sections for chapter 11 of cies when necessary. ecutive Boards.

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‘‘(b) DEFINITIONS.—In this section: ‘‘(e) GOVERNANCE AND ACTIVITIES.— cess of amounts needed for essential Federal ‘‘(1) AGENCY.—The term ‘agency’— ‘‘(1) IN GENERAL.—Each Federal Executive Executive Board functions shall be allocated ‘‘(A) means an Executive agency as defined Board shall— by the Director, in consultation with the under section 105; and ‘‘(A) subject to the approval of the Direc- headquarters of agencies participating in ‘‘(B) shall not include the Government Ac- tor, adopt by-laws or other rules for the in- Federal Executive Boards, among the Fed- countability Office. ternal governance of the Federal Executive eral Executive Boards for the activities ‘‘(2) DIRECTOR.—The term ‘Director’ means Board; under subsection (e) and other priorities, the Director of the Office of Personnel Man- ‘‘(B) elect a Chairperson from among the such as conducting training. agement. members of the Federal Executive Board, ‘‘(5) ADMINISTRATIVE AND OVERSIGHT ‘‘(3) FEDERAL EXECUTIVE BOARD.—The term who shall serve for a set term; COSTS.—The Office of Personnel Management ‘Federal Executive Board’ means an inter- ‘‘(C) serve as an instrument of outreach for shall pay for costs relating to administrative agency entity established by the Director, in the national headquarters of agencies relat- and oversight activities conducted under consultation with the headquarters of appro- ing to agency activities in the geographic subsection (d) from appropriations made priate agencies, in a geographic area with a area; available to the Office of Personnel Manage- high concentration of Federal employees ‘‘(D) provide a forum for the exchange of ment. outside the Washington, D.C. metropolitan information relating to programs and man- ‘‘(g) REPORTS.—The Director shall submit area to strengthen the management and ad- agement methods and problems— annual reports to Congress and agencies on ministration of agency activities and coordi- ‘‘(i) between the national headquarters of Federal Executive Board program outcomes nation among local Federal officers to imple- agencies and the field; and and budget matters. ment national initiatives in that geographic ‘‘(ii) among field elements in the geo- ‘‘(h) REGULATIONS.—The Director shall pre- area. graphic area; scribe regulations necessary to carry out ‘‘(c) ESTABLISHMENT.— ‘‘(E) develop local coordinated approaches this section.’’. N GENERAL ‘‘(1) I .—The Director shall estab- to the development and operation of pro- (b) REPORT.—Not later than 60 days after lish Federal Executive Boards in geographic grams that have common characteristics; the date of enactment of this Act, the Direc- areas outside the Washington, D.C. metro- ‘‘(F) communicate management initiatives tor of the Office of Personnel Management politan area. Before establishing Federal Ex- and other concerns from Federal officers and shall submit a report to the Committee on ecutive Boards that are not in existence on employees in the Washington, D.C. area to Homeland Security and Governmental Af- the date of enactment of this section, the Di- Federal officers and employees in the geo- fairs of the Senate and the Committee on rector shall consult with the headquarters of graphic area to achieve better mutual under- Oversight and Government Reform of the appropriate agencies to determine the num- standing and support; House of Representatives that includes— ber and location of the Federal Executive ‘‘(G) develop relationships with State and (1) a description of essential Federal Exec- Boards. local governments and nongovernmental or- utive Board functions; ‘‘(2) MEMBERSHIP.—Each Federal Executive ganizations to help fulfill the roles and re- (2) details of basic staffing requirements Board for a geographic area shall consist of sponsibilities of that Board; for each Federal Executive Board; an appropriate senior officer for each agency ‘‘(H) in coordination with appropriate (3) estimates of basic staffing and oper- in that geographic area. The appropriate sen- agencies and consistent with any relevant ating expenses for each Federal Executive ior officer may designate, by title of office, memoranda of understanding between the Board; and an alternate representative who shall attend Office of Personnel Management and such (4) a comparison of basic staffing and oper- meetings and otherwise represent the agency agencies, facilitate communication, collabo- ating expenses for Federal Executive Boards on the Federal Executive Board in the ab- ration, and training to prepare the Federal operating before the date of enactment of sence of the appropriate senior officer. An al- workforce for emergencies and continuity of this Act and such expenses for Federal Exec- ternate representative shall be a senior offi- operations; and utive Boards after the implementation of cer in the agency. ‘‘(I) take other actions as agreed to by the this Act. ‘‘(3) LOCATION OF FEDERAL EXECUTIVE Federal Executive Board and the Director. (c) TECHNICAL AND CONFORMING AMEND- BOARDS.—In determining the location for the ‘‘(2) COORDINATION OF CERTAIN ACTIVITIES.— MENTS.—The table of sections for chapter 11 establishment of Federal Executive Boards, The facilitation of communication, collabo- the Director shall consider— ration, and training described under para- of title 5, United States Code, is amended by ‘‘(A) whether a Federal Executive Board graph (1)(H) shall, when appropriate, be co- inserting after the item relating to section exists in a geographic area on the date of en- ordinated and defined through memoranda of 1105 the following: actment of this section; understanding entered into between the Di- ‘‘1106. Federal Executive Boards.’’. ‘‘(B) whether a geographic area has a rector and headquarters of appropriate agen- The bill (S. 806), as amended, was or- strong, viable, and active Federal Executive cies. dered to be engrossed for a third read- ‘‘(f) FUNDING.— Association; ing, was read the third time, and ‘‘(C) whether the Federal Executive Asso- ‘‘(1) ESTABLISHMENT OF FUND.—The Direc- ciation of a geographic area petitions the Di- tor shall establish a fund within the Office of passed. rector to become a Federal Executive Board; Personnel Management for financing essen- f and tial Federal Executive Board functions— ‘‘(D) such other factors as the Director and ‘‘(A) including basic staffing and operating TERMS OF SERVICE IN THE the headquarters of appropriate agencies expenses; and OFFICE OF COMPLIANCE consider relevant. ‘‘(B) excluding the costs of the Office of ‘‘(d) ADMINISTRATION AND OVERSIGHT.— Personnel Management relating to adminis- Mr. CASEY. Mr. President, I ask ‘‘(1) IN GENERAL.—The Director shall pro- trative and oversight activities conducted unanimous consent the Senate proceed vide for the administration and oversight of under subsection (d). to the immediate consideration of Cal- Federal Executive Boards, including— ‘‘(2) DEPOSITS.—There shall be deposited in endar No. 197, S. 1860. ‘‘(A) establishing staffing policies in con- the fund established under paragraph (1) con- The PRESIDING OFFICER. The sultation with the headquarters of agencies tributions from the headquarters of each clerk will report the bill by title. participating in Federal Executive Boards; agency participating in Federal Executive ‘‘(B) designating an agency to staff each Boards, in an amount determined by a for- The assistant legislative clerk read Federal Executive Board based on rec- mula established by the Director, in con- as follows. ommendations from that Federal Executive sultation with the headquarters of such A bill (S. 1860) to permit each current Board; agencies and the Office of Management and member of the Board of Directors of the Of- ‘‘(C) establishing communications policies Budget. fice of Compliance to serve for 3 terms. for the dissemination of information to ‘‘(3) CONTRIBUTIONS.— There being no objection, the Senate agencies; ‘‘(A) FORMULA.—The formula for contribu- proceeded to consider the bill. ‘‘(D) in consultation with the headquarters tions established by the Director shall con- of appropriate agencies, establishing per- sider the number of employees in each agen- Mr. CASEY. Mr. President, I ask formance standards for the Federal Execu- cy in all geographic areas served by Federal unanimous consent the bill be read a tive Board staff; Executive Boards. The contribution of the third time, and passed, the motion to ‘‘(E) developing accountability initiatives headquarters of each agency to the fund reconsider be laid upon the table, with to ensure Federal Executive Boards are shall be recalculated at least every 2 years. no intervening action or debate, and meeting performance standards; and ‘‘(B) IN-KIND CONTRIBUTIONS.—At the sole any statements be printed in the ‘‘(F) administering Federal Executive discretion of the Director, the headquarters RECORD. Board funding through the fund established of an agency may provide in-kind contribu- The PRESIDING OFFICER. Without in subsection (f). tions instead of providing monetary con- ‘‘(2) STAFFING.—In making designations tributions to the fund. objection, it is so ordered. under paragraph (1)(B), the Director shall ‘‘(4) USE OF EXCESS AMOUNTS.—Any unobli- The bill (S. 1860) was ordered to be give preference to agencies staffing Federal gated and unexpended balances in the fund engrossed for a third reading, was read Executive Boards. which the Director determines to be in ex- the third time, and passed, as follows:

VerDate Nov 24 2008 03:35 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.038 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE S11236 CONGRESSIONAL RECORD — SENATE November 5, 2009 S. 1860 larly important that President Obama to provide the resources, processes, and Be it enacted by the Senate and House of Rep- has decided to host a Tribal Leaders structure that will enable Indian Tribes and resentatives of the United States of America in Summit at the White House. The Presi- tribal members to obtain the quantity and Congress assembled, dent will meet with tribal leaders in quality of health care services and opportu- SECTION 1. ADDITIONAL TERM FOR MEMBERS OF Washington, DC, November 5, 2009, to nities that will eliminate the health dispari- ties between American Indians and the gen- BOARD OF DIRECTORS OF OFFICE discuss the many issues facing tribal OF COMPLIANCE. eral population of the United States; Notwithstanding the second sentence of communities throughout the Nation. Whereas Congress recently reaffirmed its section 301(e)(1) of the Congressional Ac- We have several very important trust responsibility to improve the housing countability Act of 1995 (2 U.S.C. 1381(e)(1)), pieces of legislation before this body conditions and socioeconomic status of any individual serving as a member of the that I hope to move in the interest of American Indians and Alaska Natives by Board of Directors of the Office of Compli- the First Americans. S. 1790, the Indian providing affordable homes in a safe and ance as of September 30, 2009, may serve for Health Care Improvement Reauthoriza- healthy environment; 3 terms. tion and Extension Act of 2009, was in- Whereas, throughout its course of dealing f troduced on October 15, 2009, after with Indian Tribes, the United States Gov- much consultation and discussion ernment has engaged in a government-to- government relationship with Tribes; NATIONAL AMERICAN INDIAN AND among tribal leaders and Indian health Whereas the United States Government ALASKA NATIVE HERITAGE experts. I will work very hard this Con- MONTH owes a trust obligation to Tribes, acknowl- gress to get this important piece of leg- edged in treaties, statutes, and decisions of Mr. CASEY. Mr. President, I ask islation to the President’s desk. In ad- the Supreme Court, to protect the interests unanimous consent that the Senate dition, after many, many hearings and and welfare of tribal governments and their proceed to the immediate consider- numerous listening sessions, I intro- members; ation of S. Res. 342, submitted earlier duced S. 797, the Tribal Law and Order Whereas American Indians and Alaska Na- today. Act of 2009, earlier this year. This im- tives have consistently served with honor The PRESIDING OFFICER. The portant piece of legislation has strong and distinction in the Armed Forces of the clerk will report the resolution by bipartisan support and will help to im- United States, some as early as the Revolu- title. prove the status of law and order on tionary War, and continue to serve in the Armed Forces in greater numbers per capita The assistant legislative clerk read tribal lands. The bill has been approved than any other group in the United States; as follows: by the Indian Affairs Committee and is Whereas American Indians and Alaska Na- A resolution (S. Res. 342) recognizing Na- waiting for approval by the full Senate. tives speak and preserve indigenous lan- tional American Indian and Alaska Native I urge all citizens, and local, State, guages and have contributed hundreds of Heritage Month and celebrating the heritage and Federal governments and agencies words to the English language, including the and culture of American Indians and Alaska to take time this month to learn more names of people and locations in the United Natives and the contributions of American about the many facets of Native Amer- States; Indians and Alaska Natives to the United Whereas Congress has recognized Native States. ican history, traditions, and their im- portant contributions to the formation American code talkers who served with There being no objection, the Senate of the United States. Mr. President, I honor and distinction in World War I and proceeded to consider the resolution. World War II, using indigenous languages as ask that this resolution be adopted an unbreakable military code, saving count- Mr. DORGAN. Mr. President, on Oc- quickly and that it act as encourage- tober 30, 2009, President Obama issued less American lives; ment to all people of the United States Whereas American Indians and Alaska Na- a proclamation designating November to observe the month of November as tives are deeply rooted in tradition and cul- 2009 as National American Indian and National American Indian and Alaska ture, which drives their strength of commu- Alaska Native Heritage Month. This Native Heritage Month. nity; and President follows a tradition of Presi- Mr. CASEY. Mr. President, I ask Whereas American Indians and Alaska Na- dents since 1990 of issuing proclama- unanimous consent that the resolution tives of all ages celebrate the great achieve- tions honoring the significant con- be agreed to, the preamble be agreed ments of their ancestors and heroes and con- tributions of tribal governments and tinue to share their stories with future gen- to, the motions to reconsider be laid erations: Now, therefore, be it individual Native Americans to our Na- upon the table, with no intervening ac- tion’s history and development. tion or debate, and any statements be Resolved, That the Senate— (1) recognizes the celebration of National Congress also has traditionally rec- printed in the RECORD. ognized the contributions of Native American Indian and Alaska Native Heritage The PRESIDING OFFICER. Without Month during the month of November 2009; Americans to the United States in the objection, it is so ordered. form of resolutions, findings, coins and (2) honors the heritage and culture of The resolution (S. Res. 342) was American Indians and Alaska Natives and medals. The resolution introduced here agreed to. the contributions of American Indians and today continues in that tradition. The preamble was agreed to. Alaska Natives to the United States; and This resolution recognizes some of The resolution, with its preamble, (3) urges the people of the United States to the many contributions that Native reads as follows: observe National American Indian and Alas- ka Native Heritage Month with appropriate Americans have made to help build our S. RES. 342 great Nation as well as the continued programs and activities. Whereas from November 1, 2009, through contributions of Native Americans to November 30, 2009, the United States cele- the growth of the United States. Na- brates National American Indian and Alaska f tive Americans have made significant Native Heritage Month; contributions in the fields of agri- Whereas American Indians and Alaska Na- APPOINTMENT culture, medicine, music, language, tives are descendants of the original, indige- and art. They were an influencing force nous inhabitants of what is now the United The PRESIDING OFFICER. The in the founding documents of our Fed- States; Chair, on behalf of the Vice President, eral Government. Indian tribes have Whereas, in 2000, the United States Census pursuant to Public Law 110–181, and in Bureau reported that there were more than even made use of Native languages to 4,000,000 people in the United States of Amer- consultation with chairmen of the develop an unbreakable military code ican Indian and Alaska Native descent; Committee on Armed Services, the that helped defeat the Axis powers in Whereas, on December 2, 1989, the Com- Committee on Homeland Security and World War II. These remarkable tribes mittee on Indian Affairs of the Senate held a Governmental Affairs, and the Com- and individual Native Americans have hearing exploring the contributions of the Ir- mittee on Foreign Relations, appoints shaped our Nation’s history in so many oquois Confederacy, and its influence on the the following individual to be a mem- very meaningful ways. Founding Fathers in the drafting of the Con- Through this resolution, we recog- stitution of the United States with the con- ber of the Commission on Wartime cepts of freedom of speech, the separation of Contracting in Iraq and Afghanistan: nize and celebrate these and many governmental powers, and checks and bal- other contributions of tribal govern- ances among the branches of government; Katherine Schinasi of Washington, DC, ments and Native Americans during Whereas the Senate has reaffirmed that a vice Linda J. Gustitus of the District the month of November. It is particu- major national goal of the United States is of Columbia.

VerDate Nov 24 2008 03:35 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A05NO6.037 S05NOPT1 wwoods2 on DSKB9S0YB1PROD with SENATE November 5, 2009 CONGRESSIONAL RECORD — SENATE S11237 ORDERS FOR FRIDAY, NOVEMBER ask unanimous consent that it adjourn NATIONAL AERONAUTICS AND SPACE 6, 2009 under the previous order. ADMINISTRATION Mr. CASEY. Mr. President, I ask There being no objection, the Senate, ELIZABETH M. ROBINSON, OF VIRGINIA, TO BE CHIEF at 8:31 p.m., adjourned until Friday, FINANCIAL OFFICER, NATIONAL AERONAUTICS AND unanimous consent that when the Sen- SPACE ADMINISTRATION. ate completes its business today, it ad- November 6, 2009, at 9:30 a.m. DEPARTMENT OF COMMERCE journ until 9:30 a.m., Friday, November f 6; that following the prayer and pledge, PATRICK GALLAGHER, OF MARYLAND, TO BE DIREC- TOR OF THE NATIONAL INSTITUTE OF STANDARDS AND the Journal of proceedings be approved CONFIRMATIONS TECHNOLOGY. to date, the morning hour be deemed Executive nominations confirmed by expired, the time for the two leaders be MERIT SYSTEMS PROTECTION BOARD the Senate, Thursday, November 5, reserved for their use later in the day, SUSAN TSUI GRUNDMANN, OF VIRGINIA, TO BE CHAIR- and the Senate resume consideration of 2009: MAN OF THE MERIT SYSTEMS PROTECTION BOARD. DEPARTMENT OF STATE SUSAN TSUI GRUNDMANN, OF VIRGINIA, TO BE A MEM- H.R. 3082, the Military Construction BER OF THE MERIT SYSTEMS PROTECTION BOARD FOR and Veterans Affairs appropriations ARTURO A. VALENZUELA, OF THE DISTRICT OF COLUM- THE TERM OF SEVEN YEARS EXPIRING MARCH 1, 2016. BIA, TO BE AN ASSISTANT SECRETARY OF STATE (WEST- ANNE MARIE WAGNER, OF VIRGINIA, TO BE A MEMBER bill. ERN HEMISPHERE AFFAIRS). The PRESIDING OFFICER. Without OF THE MERIT SYSTEMS PROTECTION BOARD FOR THE NATIONAL FOUNDATION ON THE ARTS AND THE TERM OF SEVEN YEARS EXPIRING MARCH 1, 2014. objection, it is so ordered. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT HUMANITIES TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- f ROLENA KLAHN ADORNO, OF CONNECTICUT, TO BE A QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- CONSTITUTED COMMITTEE OF THE SENATE. PROGRAM ITIES FOR A TERM EXPIRING JANUARY 26, 2014. MARVIN KRISLOV, OF OHIO, TO BE A MEMBER OF THE DEPARTMENT OF JUSTICE Mr. CASEY. There will be no rollcall NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM votes during Friday’s session of the EXPIRING JANUARY 26, 2014. IGNACIA S. MORENO, OF NEW YORK, TO BE AN ASSIST- Senate. As previously announced, the ANT ATTORNEY GENERAL . FEDERAL MOTOR CARRIER SAFETY LAURIE O. ROBINSON, OF THE DISTRICT OF COLUMBIA, next vote will occur at approximately ADMINISTRATION TO BE AN ASSISTANT ATTORNEY GENERAL. BENJAMIN B. WAGNER, OF CALIFORNIA, TO BE UNITED 5:30 p.m. Monday. ANNE S. FERRO, OF MARYLAND, TO BE ADMINIS- STATES ATTORNEY FOR THE EASTERN DISTRICT OF TRATOR OF THE FEDERAL MOTOR CARRIER SAFETY AD- f CALIFORNIA FOR THE TERM OF FOUR YEARS. MINISTRATION. CARMEN MILAGROS ORTIZ, OF MASSACHUSETTS, TO BE ADJOURNMENT UNTIL 9:30 DEPARTMENT OF TRANSPORTATION UNITED STATES ATTORNEY FOR THE DISTRICT OF MAS- SACHUSETTS FOR THE TERM OF FOUR YEARS. TOMORROW CYNTHIA L. QUARTERMAN, OF GEORGIA, TO BE ADMIN- EDWARD J. TARVER, OF GEORGIA, TO BE UNITED ISTRATOR OF THE PIPELINE AND HAZARDOUS MATE- STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF Mr. CASEY. If there is no further RIALS SAFETY ADMINISTRATION, DEPARTMENT OF business to come before the Senate, I TRANSPORTATION. GEORGIA FOR THE TERM OF FOUR YEARS.

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EXPEDITED CARD REFORM FOR of Science degree in Botany. While attending a plant and agricultural advancements in ma- CONSUMERS ACT OF 2009 college he worked as a Research Technician chinery and irrigation. He has spoken at many for the United States Department of Agri- seminars and given many presentations. Dr. SPEECH OF culture at the Forest Service research center Wample is published in well over two hundred HON. JOE BACA in Idaho. Dr. Wample continued his education journals, books, magazines, reports, abstracts, OF CALIFORNIA at the University of Calgary in Calgary, Al- papers and publications. IN THE HOUSE OF REPRESENTATIVES berta, Canada, where he earned his Ph.D. in For his activities, inside the university and Plant Physiology. His teaching career began the community, Dr. Wample has been widely Wednesday, November 4, 2009 while in Calgary; while completing his Ph.D. honored. He has been honored by the Amer- The House in Committee of the Whole he was a Graduate Teaching Assistant at the ican Society of Enology and Viticulture, the House on the State of the Union had under University. International Symposium of Nitrogen in consideration the bill (H.R. 3639) to amend After earning his Ph.D., Dr. Wample served Grapes and Wine, the Second International the Credit Card Accountability Responsi- as a Postgraduate Scholar for the National bility and Disclosure Act of 2009 to establish Symposium on Climate Viticulture, Inter- an earlier effective date for various con- Research Council of Canada. In 1976, he national Conference on Crop Productivity and sumer protections, and for other purposes: moved to southern California to take an Asso- the National Research Council of Canada. ciate Professor of Botany position with Cali- Mr. BACA. Mr. Chair, I rise today in support Madam Speaker, I rise today to commend fornia State University, Fullerton. After two of H.R. 3639—the Expedited CARD Act of and congratulate Dr. Robert Wample upon his years, he moved to Washington State Univer- 2009. This important piece of legislation will retirement from California State University, sity where he was an Associate Professor of continue the great work that this Congress Fresno. I invite my colleagues to join me in Horticulture and Assistant Horticulturist for and the President completed earlier this year, wishing Dr. Wample many years of continued nine years. In 1993, he became a Professor, by moving up the remaining dates on the origi- success. Horticulturist and Viticulturist for the Depart- nal Credit CARD Act. ment of Horticulture and Landscape Architec- Since signing the CARD Act into law, credit f ture at Washington State University. In 2000, card companies have engaged in last-ditch Dr. Wample found his way to California State THANKING JOE ADAMS FOR HIS predatory practices, seeking to gain as much University, Fresno. Over the past nine years, SERVICE TO THE HOUSE money as possible from the American con- he has served as the Julio Gallo Chair and Di- sumer. Many of the same practices that the rector of the Viticulture and Enology Research Federal Reserve labeled ‘‘unfair or deceptive’’ HON. ROBERT A. BRADY Center, as well as the Chair of the Department and were prohibited in the original CARD Act, of Viticulture and Enology. OF PENNSYLVANIA have increased in past months. In fact, since Prior to Dr. Wample joining CSU Fresno, IN THE HOUSE OF REPRESENTATIVES last May, credit card companies have raised the viticulture and enology had been operating interest rates by an average of 20 percent. Thursday, November 5, 2009 independently of each other for fifty years. When this law was passed, this body Under his leadership, the two programs were Mr. BRADY of Pennsylvania. Madam warned credit card companies that swift action merged together to become the first California Speaker, on the occasion of his retirement on would be taken if these companies took ad- State University to combine the two research November 2, 2009, we rise to thank Mr. Joe vantage of the staggered implementation of and academic programs. The merge has had Adams for his 32 years of distinguished serv- the bill. It is clear these companies have done great success, including the recognition of ice to Congress. Joe has served this great in- just that, and we are now prepared to follow CSU Fresno as a global agricultural education stitution as a valued employee of the Architect through on our promise. prominence. Further, during Dr. Wample’s ten- of the Capitol for 19 years and House Informa- I want to thank Mrs. MALONEY and Chairman ure, the program has raised well over five tion Resources (HIR), in the Office of the FRANK for their hard work on this issue and I hundred thousand dollars in industry funding Chief Administrative Officer (CAO) for 13 am proud to be a cosponsor on this important years. piece of legislation. for the research programs. Dr. Wample has served on a number of Joe joined HIR in 1996 as a Data Network I urge my colleagues to vote ‘‘yes’’ on this Engineer. During this time, he successfully up- bill. committees for the departments and colleges he has worked in. He has served on the graded the House Campus Data Network to f Washington State Animal Damage Control Ad- an Ethernet-based, high-capacity data commu- HONORING ROBERT WAMPLE visory Board, the Washington Agriculture and nications backbone and increased the House Forestry Leadership Selection Committee, the Internet connection capacity 200 fold from 3 W–130/WRCC–17, organizing committee for Megabits per second (Mbps) to 600 Mbps. HON. GEORGE RADANOVICH These upgrades were the foundation of greatly OF CALIFORNIA the International Symposium on Nitrogen in improved information technology service deliv- IN THE HOUSE OF REPRESENTATIVES Grapes and Wine, the National Grapevine Im- portation Program and he served as the co- ery and contributed significantly to highly avail- Thursday, November 5, 2009 chairman of the committee for the International able, mission critical data transport services. Mr. RADANOVICH. Madam Speaker, I rise Symposium on Wine Grape Irrigation. He is In recent years, as manager for the Network today to commend and congratulate Robert also involved with the American Association Systems Engineering Branch, Joe led a team Wample upon his retirement as the director of for the Advancement of Science, American of engineers who helped implement upgrades the Viticulture and Enology Research Center Society of Plant Physiology, American Society to support efficient, effective and sustainable and the chair of the Department of Viticulture of Horticulture Science, American Society of services to the House. His unparalleled dedi- and Enology at California State University, Enology and Viticulture and the Northwest cation, considerable institutional knowledge Fresno. Dr. Wample was honored on Sep- Chapter of the American Society of Enology and attention to detail have helped the Office tember 19, 2009 at a fundraising event for the and Viticulture. Dr. Wample’s civic and com- of the CAO maintain a high degree of cus- Robert L. Wample Viticulture and Enology En- munity membership includes Rotary Inter- tomer satisfaction. For his performance, he dowment Fund in support of the Jordan Col- national, Prosser Wine and Food Fair Com- was awarded the ‘‘CAO Distinguished Service lege of Agricultural Sciences and Technology. mittee, Advisor to the Prosser Economic De- Award’’ in 2003 and the ‘‘CAO Excellence Dr. Wample served in the United States Ma- velopment Association and United Good Award for Knowledge’’ in 2008. rine Corps from 1962 until 1966. Upon sepa- Neighbors. On behalf of the entire House community, rating from the military, he began his college Dr. Wample has been involved with, and led we extend congratulations to Joe for his years education. In 1971, he graduated cum laude numerous research projects, including re- of dedication and outstanding contributions to from the University of Idaho with a Bachelors search on specific physiological responses of the United States Congress.

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

VerDate Nov 24 2008 05:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A05NO8.001 E05NOPT1 jbell on DSKDVH8Z91PROD with REMARKS E2724 CONGRESSIONAL RECORD — Extensions of Remarks November 5, 2009 IN HONOR AND REMEMBRANCE OF PERSONAL EXPLANATION Landesman, the Director of the NEA, has a TERRY JOYCE, SR. long and varied career in the performing arts, HON. BILL SHUSTER and has brought an energy and focus to the HON. DENNIS J. KUCINICH OF PENNSYLVANIA job that will help foster a vibrant artistic land- OF OHIO IN THE HOUSE OF REPRESENTATIVES scape. IN THE HOUSE OF REPRESENTATIVES Again, I rise to celebrate these important Thursday, November 5, 2009 funding increases, and I look forward to work- Thursday, November 5, 2009 Mr. SHUSTER. Madam Speaker, on rollcall ing with the President and my colleagues to Mr. KUCINICH. Madam Speaker, I rise No. 852 H. Res. 863, No. 853 H. Res. 641, strengthen support for the arts and human- today in honor and remembrance of Terry No. 854 H. Res. 711, and No. 855 H. Res. ities. ‘‘Kelly’’ Joyce, Sr., devoted husband, father, 856 I was not present. Had I been present, I f grandfather, friend and staunch labor advo- would have voted ‘‘yea’’ on No. 852; ‘‘yea’’ on cate, whose commitment to family, to his Irish VETERANS’ SMALL BUSINESS AS- No. 853; ‘‘yea’’ on No. 854, and ‘‘yea’’ on No. SISTANCE AND SERVICE- heritage and to the workers of Cleveland has 855. left an indelible imprint throughout our commu- MEMBERS PROTECTION ACT OF nity. f 2009 Born and raised in County Mayo, Ireland, CELEBRATING INCREASED FUND- SPEECH OF Mr. Joyce immigrated to America in 1957 and ING FOR NATIONAL ENDOWMENT settled in Cleveland. A year later, he met his FOR THE ARTS AND NATIONAL HON. STEVE BUYER wife, Bridget ‘‘Bridie’’ Jennings, whose journey ENDOWMENT FOR THE HUMAN- OF INDIANA to America also originated in County Mayo. ITIES IN THE HOUSE OF REPRESENTATIVES They married in 1964 and raised three chil- Monday, November 2, 2009 dren, Maureen, Eileen and Terry. Mr. Joyce’s wife, children and grandchildren were the cen- HON. RUSH D. HOLT Mr. BUYER. Mr. Speaker, I rise in support ter and spark of his life—and he remained ac- OF NEW JERSEY of H.R. 3949, the Veterans’ Small Business tively involved in their lives. Mr. and Mrs. IN THE HOUSE OF REPRESENTATIVES Assistance and Servicemembers Protection Joyce held their Irish homeland close to their Thursday, November 5, 2009 Act of 2009, a bill which I am pleased to co- hearts, and regularly celebrated treasured cus- sponsor. Mr. HOLT. Madam Speaker, I rise today to Mr. Speaker, this is an omnibus bill that toms and traditions for their children and highlight the recent increase in funding for the grandchildren to know and cherish. They trav- would make improvements in several areas of National Endowment for the Arts and National veterans legislation by including provisions elled often from Cleveland to the Emerald Isle, Endowment for the Humanities. The Fiscal and their strong connection to their heritage from bills introduced by Economic Opportunity Year 2010 Interior Appropriations bill, which Subcommittee Chairwoman HERSETH SANDLIN, reflected throughout our community. Mr. Joyce President Obama has signed into law, con- was named the Irish Fellowship Man of the Ms. KIRKPATRICK, Mr. MILLER of North Caro- tains $167.5 million in funding for both agen- lina, Mr. CONNOLLY, Mr. MCINTYRE, Ms. JACK- Year in 1974, and helped found the Irish Na- cies, an increase of $12.5 million over last tional Caucus in Cleveland, serving as its SON-LEE, and Mr. FRANK. year’s level. This is on top of the $50 million However, I am very disappointed that due to president in 1971. He also served on the that the NEA received in the American Recov- board of the West Side Irish American Club jurisdictional issues raised by the majority side ery and Reinvestment Act to preserve jobs in of the Committee on Small Business, a provi- (WSIA) for many years, and was named the the arts. As a member of both the Arts and WSIA Man of the Year in 1978. In 1991, he sion from my bill, H.R. 3223 was withdrawn Humanities Caucuses, I want to thank Rep- served as co-chair of the Cleveland St. Pat- from the bill. My provision would merely resentatives SLAUGHTER, PLATTS, PRICE (NC), rick’s Day Parade, and served as parade an- change the word ‘‘may’’ to ‘‘shall’’ to authorize and PETRI, as well as Chairman DICKS, for nouncer for twenty-four years. VA contracting officers to award non-competi- Mr. Joyce lived his life with heart, compas- their hard work in pushing for these funding in- tive contracts worth less than $5,000,000 to sion, integrity, a great sense of humor and an creases. qualified service disabled veteran-owned busi- unwavering work ethic. He mastered the con- The arts and humanities play a crucial role nesses. Such contracts would also be required struction trades and became a union member in our society: they enhance our creativity, to provide the best value to the government in and leader. In 1957, the same year he settled promote critical aspects of education, and pro- the judgment of the contracting officer. Chang- in America, Mr. Joyce joined Cleveland’s La- vide Americans with the opportunity to view ing ‘‘may’’ to ‘‘shall’’ would merely put service- borers Local 310. From 1965 until his retire- works of beauty and personal expression. disabled veterans on an equal footing with ment in 1991, he served as Local 310’s busi- Through exposure to the arts and humanities, businesses qualifying as an 8(a) firm under ness agent. Mr. Joyce also served as presi- our children are inspired to explore their own the Small Business Act. The word ‘‘shall’’ is dent of the Ohio Labor District Council from creativity and encouraged towards positive de- used when awarding noncompetitive contracts 1975 until his retirement in 1991. During his velopment in the course of their educational to 8(a) firms. The disparity created by using tenure as labor leader, he worked tirelessly on careers. There are also economic benefits of ‘‘may’’ versus ‘‘shall’’ has a negative effect on behalf of workers and their families. Mr. Joyce local arts in our communities, not just for the ability of service disabled veteran-owned was responsible for major advances in the those employed in theaters or museums, but businesses to obtain contracts with VA. It is labor force, including the attainment of critical also for tourism and economic revitalization important that service-disabled veterans are benefits, including pensions, for union work- programs. The downturn in philanthropic giv- able to compete on a level field and I will con- ers. Because of his leadership, Laborers Local ing, brought on by the economic collapse, has tinue to advocate for changing ‘‘may’’ to 310 of Cleveland grew to become one of the constrained or even closed cultural institutions ‘‘shall’’. most effective labor unions in the country. and, in turn, the restaurants, hotels, and con- Mr. Speaker, I am especially proud of the Madam Speaker, please join me in honor struction industries that rely on their success. provisions in Public Law 109–461 passed dur- and remembrance of Terry ‘‘Kelly’’ Joyce, Sr., This is just one more reason that these fund- ing the 109th Congress, that improve the com- whose energy for life, kind heart, and unwav- ing increases are needed. petitive status of veteran-owned businesses, ering service to others will forever endure I also want to recognize President Obama VOB, and service-disabled veteran-owned within the hearts and memories of his family, for understanding the important role that the small businesses, SDVOB. We did that by giv- friends and the laborers of our community. I arts and humanities play in enriching our lives ing Department of Veterans Affairs, VA, con- extend my condolences to Mr. Joyce’s wife, and strengthening our economy. The Presi- tracting officers additional tools to award con- Bridget; to his children, Maureen, Eileen and dent has appointed two exceptionally qualified tracts to those businesses and by making it Terry; to his son-in-law John and daughter-in- individuals to head the NEA and NEH. Jim plain that Congress believed that VOB and law Nicole; to his grandchildren, Brona, Eoin, Leach, our former colleague, has a distin- SDVOB have priority in VA small business Cormac and Aislinn; sister, Grace; and to his guished academic background, including his contracting. One of those provisions required extended family members and numerous recent service as Visiting Professor of Public VA to maintain a database of veteran and friends. From family and friends to County and and International Affairs at Princeton Univer- service-disabled veteran-owned businesses Cleveland Mayor, Mr. Joyce’s love of life and sity’s Woodrow Wilson School. He brings to and to verify the ownership and control of the service to others will continue to touch the the NEH a first-hand understanding of the businesses listed in the database. hearts of many, and he will be remembered needs of educators, historians, curators, re- Unfortunately, VA has been slow to imple- always. searchers, archivists and scholars. Rocco ment the verification process and has currently

VerDate Nov 24 2008 05:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K05NO8.001 E05NOPT1 jbell on DSKDVH8Z91PROD with REMARKS November 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2725 verified only about 2,000 of the 15,000 busi- ters, Rose, Lynne and Mary Jo. Their mutual Terry Reid, Leona Fischer, the Sunnyvale nesses listed in the database. Therefore, I am devotion to family was reflected in the close- Chamber of Commerce and the town of delighted that Subcommittee Chairwoman ness they shared with their seven grand- Sunnyvale for all their hard work and dedica- HERSETH SANDLIN has clarified Congress’ in- children and three great-grandchildren. tion. I wish them great success. tent on having a business included only after Mrs. Hughes created a warm and inviting f verification of ownership and control as a home for her family and friends. From never means to prevent awarding contracts to busi- missing special events in the lives of her chil- RECOGNIZING THE SIGNIFICANT nesses which are not veteran-owned. dren and grandchildren, to preparing wonder- ANNIVERSARIES OF THE CZECH With the implementation of the new Post 9/ ful meals for family gatherings, her priority was REPUBLIC AND SLOVAKIA 11 GI Bill, it is more important than ever to en- always her family. sure VA receives up-to-date advice from Madam Speaker and colleagues, please join HON. EMANUEL CLEAVER schools and State Approving Agencies on me in honor of Mrs. Lena T. Hughes, whose OF MISSOURI issues related to veterans education. I con- joyous spirit and love for others will exist for- IN THE HOUSE OF REPRESENTATIVES gratulate Ms. KIRKPATRICK for extending the ever within the hearts and memories of those Thursday, November 5, 2009 life of the Advisory Committee on Veterans who knew her best—her family and friends. I Education through 2015. extend my deepest condolences to her daugh- Mr. CLEAVER. Madam Speaker, I rise I am also especially pleased with H.R. ters; her son-in-law, Timothy; her seven today to recognize the anniversary of two U.S. 3949’s provisions that would strengthen pro- grandchildren and three great-grandchildren; allies. Twenty years ago, during the month of tections for servicemembers under the her sister, Anne; and to her many friends. Mrs. November 1989, the country then known as Servicemembers Civil Relief Act, SCRA, by Hughes will be remembered always. Czechoslovakia freed itself of communist con- clarifying the rights and obligations of f trol, instituted democratic elections and set out to adapt its command economy to the free servicemembers and providers regarding serv- CELEBRATING THE SUNNYVALE market. From what many refer to as the ‘‘Vel- ice contracts for cell phone service, residential PECAN HARVEST FESTIVAL AND vet Revolution of 1989’’ or the ‘‘Gentle Revolu- and automobile leases. HONORING PECAN QUEEN LEONA tion,’’ Czechoslovakia peacefully became two The bill also makes important changes to FISCHER SCRA by codifying a servicemember’s private democratic countries by mutual consent: the right of action and authorizing the U.S. Attor- Czech Republic and Slovakia on January 1, ney General to bring appropriate action in U.S. HON. JEB HENSARLING 1993. The Velvet Revolution or the Gentle District Courts. The bill also authorizes the OF TEXAS Revolution, if you wish, opened the way for IN THE HOUSE OF REPRESENTATIVES Courts to award fines up to $110,000, and democracy and prosperity for the people of take other appropriate actions in violations of Thursday, November 5, 2009 the former Czechoslovakia. SCRA. Mr. HENSARLING. Madam Speaker, today I During their brief history as independent na- Mr. Speaker, in addition to direct injuries to am pleased to recognize the Sunnyvale Pecan tions, both the Czech Republic and Slovak a servicemember’s eyes, one of the hidden in- Harvest Festival and the first ever Sunnyvale Republic garnered worldwide respect with their juries of the wars in Iraq and Afghanistan is Pecan Queen. admittance into the European Union, the North the damage to vision done by explosions. Un- The Sunnyvale Pecan Harvest Festival was Atlantic Treaty Organization (NATO) and the fortunately, visual injuries as a result of one or a vision of Sunnyvale Chamber of Commerce United Nations. They have further solidified more concussive injuries may not manifest for Chairman Terry Reid and has been brought to their commitment with their military units par- an extended time beyond the event. When fruition through her tremendous efforts, as well ticipating in NATO missions throughout the combined with direct eye injuries, the number as that of other Chamber members, local busi- globe. of veterans who will be seeking VA assistance nesses and the Town of Sunnyvale. This fes- The Czech Republic has a local tie to its with visual impairment will increase and I tival is the first of its kind in Sunnyvale and is NATO admission with Missouri’s Fifth District. share Ms. JACKSON-LEE’s and her cosponsor, sure to be a popular community event for The documents of admission were signed at Mr. BOOZMAN’s concern that VA lacks suffi- years to come. the Truman Presidential Library in Independ- cient staff who are experts in treating veterans A festival would not be complete without a ence, Missouri. We are honored to have H.E. with visual and mobility impairment. I con- Queen, and Sunnyvale has chosen a wonder- Peter Burian, Ambassador of the Slovak Re- gratulate them for the provisions that would ful lady to serve as the first ever ‘‘Pecan public to the U.S. and Daniel Kostoval, Deputy create a scholarship program for those seek- Queen.’’ Ms. Leona Fischer has been a resi- Chief of Mission from the Embassy of the ing a degree or certificate in that field. dent of Sunnyvale for more than 40 years and Czech Republic in Missouri’s Fifth District from Mr. Speaker, I have long been an advocate continues to contribute to her community as November 5–7, 2009 to celebrate the birth on behalf of VA’s National Cemetery System much today as she did when she first moved and growth of two allied nations. Amongst and compassionate treatment of the heroes there. As the director of the Douglas and Mi- their many activities with our local Czech- that are buried there and their families. I ap- chael Kindergarten and Day School, Ms. American and Slovak-American communities, preciate Mr. FRANK’s initiative that would allow Fischer would bring the children attending the the visiting dignitaries will lay a wreath at burial of a parent with a servicemember killed school out to her property in Sunnyvale for President Truman’s grave on Friday, Novem- in combat or training for combat, as long as camping, swimming and fishing. When she ber 6th to commemorate their NATO affili- the burial would not displace another veteran moved to Sunnyvale permanently, Ms. Fischer ations. or servicemember and it is limited to and her husband started antique and real es- Madam Speaker, please join me in express- servicemembers who have no dependents. tate businesses and continued to contribute to ing our heartfelt congratulations to the Czech f their community. Republic and Slovakia for their relentless ef- While her antique shop has since closed, forts in extending goodwill and democratic IN HONOR AND REMEMBRANCE OF Ms. Fischer can still be seen around Sunny- principles, not only within their borders, but to LENA T. HUGHES vale, running her real estate business. Ms. the global community including the Fifth Con- Fischer makes towns like Sunnyvale a great gressional District of Missouri. I urge my col- HON. DENNIS J. KUCINICH place to live and work, and I am proud to rep- leagues to please join me in expressing our OF OHIO resent Ms. Fischer and congratulate her on appreciation to two nations who continue to IN THE HOUSE OF REPRESENTATIVES this well-deserved honor. evolve in the democratic tradition. With a Classic Custom Car and Truck show, f Thursday, November 5, 2009 live music performances—including a special Mr. KUCINICH. Madam Speaker, I rise guest appearance by Grammy winner Art PERSONAL EXPLANATION today in honor and remembrance of the be- Greenhaw and the awarding of the ‘‘Beth Bas- loved Lena T. Hughes, devoted wife, mother, sett Music Achievement Award’’—the baking HON. PAUL C. BROUN grandmother, great-grandmother, sister and and photo contests and the food and shopping OF GEORGIA friend. opportunities, the First Annual Sunnyvale IN THE HOUSE OF REPRESENTATIVES Mrs. Hughes’ family was the foundation and Pecan Harvest Festival is sure to be an out- Thursday, November 5, 2009 joy of her life. She was the wife of the late standing event for the families of Sunnyvale. Patrick Gilbert Hughes, with whom she cre- Madam Speaker, on behalf of the Fifth Dis- Mr. BROUN of Georgia. Madam Speaker, ated a loving home and raised three daugh- trict of Texas, I am privileged to recognize on rollcall No. 832—H.R. 1168, the Veterans

VerDate Nov 24 2008 05:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A05NO8.006 E05NOPT1 jbell on DSKDVH8Z91PROD with REMARKS E2726 CONGRESSIONAL RECORD — Extensions of Remarks November 5, 2009 Retraining Act of 2009, on rollcall No. 833—H. INTRODUCTION OF H.R. 4027, THE retically not impacted by this program, remain Res. 291, Recognizing the crucial role of as- AMERICAN TAXPAYER AND concerned that they will now bear some costs sistance dogs in helping wounded veterans WESTERN AREA POWER ADMIN- even if they do not benefit due to the lack of live more independent lives, and on rollcall ISTRATION FIRM POWER CUS- defined rules and regulations to govern the No. 834—S. 509, A bill to authorize a major TOMER PROTECTION ACT borrowing authority. It’s critical that the prin- medical facility project at the Department of ciple of ‘‘beneficiaries pay’’ is maintained and Veterans Affairs Medical Center, Walla Walla, HON. DOC HASTINGS not undermined. It is not the responsibility of Washington, had I been present, I would have OF WASHINGTON those who may not benefit from a project, or voted ‘‘yea.’’ IN THE HOUSE OF REPRESENTATIVES the federal taxpayers, to fund such projects. f Those who build and benefit from a project Thursday, November 5, 2009 must bear its full costs. PERSONAL EXPLANATION Mr. HASTINGS of Washington. Madam For these reasons, I am introducing this leg- Speaker, as Ranking Republican of the House islation to amend WAPA’s borrowing authority HON. DEVIN NUNES Natural Resources Committee, I am today in- to both add protections for existing customers OF CALIFORNIA troducing legislation to protect American tax- and to eliminate the taxpayer bailout provi- IN THE HOUSE OF REPRESENTATIVES payers and existing customers of the Western sions. I hope for this action on this bill. Area Power Administration, WAPA. It is called f Thursday, November 5, 2009 the ‘‘The American Taxpayer and Western HONORING SISTER REPARATA Mr. NUNES. Madam Speaker, on the legis- Area Power Administration Firm Power Cus- FAUBERT, OP lative day of Wednesday, November 4, 2009, tomer Protection Act.’’ I’m pleased that TOM I was unavoidably detained and was unable to MCCLINTOCK, the Ranking Republican on the cast a vote on a number of rollcall votes. Had Water and Power Subcommittee, is joining me HON. DALE E. KILDEE I been present, I would have voted: in sponsoring this bill. OF MICHIGAN Rollcall 841—‘‘nay.’’ Earlier this year, the Democrat Majority IN THE HOUSE OF REPRESENTATIVES Rollcall 842—‘‘noe.’’ passed the American Recovery and Reinvest- Thursday, November 5, 2009 Rollcall 843—‘‘yea.’’ ment Act, which is better known as the stim- Mr. KILDEE. Madam Speaker, I ask the Rollcall 844—‘‘yea.’’ ulus spending bill. Many of the new programs House of Representatives to join me in con- Rollcall 845—‘‘aye.’’ in this law were never debated beforehand gratulating Sister Reparata Faubert, OP as Rollcall 846—‘‘aye.’’ and were inserted behind closed doors without she celebrates 60 years as a member of the Rollcall 847—‘‘noe.’’ transparency or an opportunity for Members of Dominican Sisters of Grand Rapids. An open Rollcall 848—‘‘noe.’’ Congress or the American people to review house will be held in her honor on November Rollcall 849—‘‘noe.’’ and scrutinize them. 8 in Flint Michigan. Rollcall 850—‘‘aye.’’ Included among these new programs was A native of St. Charles, Michigan, Sister Rollcall 851—‘‘noe.’’ WAPA’s Transmission Infrastructure Pro- Reparata was taught at Holy Family School by Rollcall 852—‘‘yea.’’ gram’s borrowing authority. This new $3.25 the Dominican Sisters of Grand Rapids. At the Rollcall 853—‘‘yea.’’ billion borrowing authority allows the WAPA age of 18 she entered the congregation and Rollcall 854—‘‘yea.’’ Administrator to provide loans to develop new professed her vows. This was followed by Rollcall 855—‘‘yea.’’ transmission aimed solely at integrating re- years of teaching high school and working on f newable energies. As some envisioned, the her education. Sister Reparata obtained a BA loans would be mainly given to private wind from Aquinas College, an MA from the Theo- RECOGNIZING DR. SHEILA O’SHEA and solar developers for transmission invest- KAHRS logical Institute in Saginaw, and a second MA ments. This new borrowing authority is quite from Cardinal Stritch College. unlike the Bonneville Power Administration’s, After completing a CPE program at the Uni- HON. JOHN LINDER BPA, longstanding borrowing authority, which versity of Michigan Medical Center in Ann OF GEORGIA can be used for integrating all generation Arbor, Sister Reparata began working as a IN THE HOUSE OF REPRESENTATIVES sources, as well as for fish and wildlife mitiga- hospital chaplain for the 3 public hospitals in tion and conservation efforts. Thursday, November 5, 2009 Flint. Her gentle, serene thoughtfulness to pa- Madam Speaker, there is another key dif- tients, families and hospital staff brings solace Mr. LINDER. Madam Speaker, it is with ference between the two borrowing authorities and hope to persons facing difficult, heart- great honor and enthusiasm that I rise today and it’s one that my legislation directly ad- wrenching events. With the grace that comes to recognize Dr. Sheila O’Shea Kahrs, the dresses: the risk of a bailout funded by Amer- from the Eucharist, the Office and the Rosary, Principal of Haymon-Morris Middle School in ican taxpayers. The actual WAPA statute de- Sister Reparata visits the sick and passes on Winder, Georgia, who has been named the scribes it best: ‘‘If, at the end of the useful life the spiritual blessings. 2010 MetLife/National Association of Sec- of a project, there is a remaining balance St. Dominic’s life mission was to Praise, to ondary School Principals, NASSP, National owed to the Treasury under this section, the Bless and to Preach and in 1206 he lead 12 Principal of the Year. balance shall be forgiven.’’ This means that women into religious life. They became the The MetLife/NASSP National Principal of American taxpayers will foot the bill for any first Dominican Sisters Convent and Sister the Year program honors distinguished middle outstanding balances on a project that cannot Reparata is part of the line of women that has level and high school principals who have pro- be repaid. This would be similar to a home- taken the same vows and served Our Lord, vided first-rate learning opportunities for stu- owner defaulting on a 30 year loan and having Jesus Christ, with the same joy, stretching dents and made significant contributions to the the bank pick up the remaining balance, ex- back to that first group. She embodies the part education profession. cept that the taxpayer would end up paying for of Dominican Life that calls its adherents to be Each state, the District of Columbia, and the the bad investment. BPA, which proudly open to encountering the Holy in all people. Department of Defense Education Activity se- boasts about repaying its debts with interest When asked to comment on the past 60 lects one middle level and one high level and ahead of schedule, does not have a simi- years as a member of the Dominican Order, school principal to represent them. From these lar taxpayer bailout provision in its borrowing Sister Reparata recalled John 14:23: ‘‘If you individuals, six finalists are chosen as can- authority. I might also add that the Tennessee do the will of My Father, we will come to you didates for the National Principal of the Year Valley Authority repays its debt with interest and make our abode with you.’’ It is this hum- award. Dr. Kahrs distinguished herself from as well. ble submission to God’s will that has endeared these outstanding educators and was chosen To date, WAPA has announced one project Sister Reparata to everyone that knows her. as the 2010 MetLife/NASSP National Principal under the borrowing authority: a wind trans- Madam Speaker, I ask the House of Rep- of the Year. mission project owned by a Canadian com- resentatives to join me in applauding Sister The Seventh District of Georgia is privileged pany. Under the taxpayer bailout provision, if Reparata as she celebrates this milestone The to have such an accomplished educator serv- this project failed, then the American taxpayer Flint area has truly been blessed by God for ing our children. Extending my sincerest would have to bail out a foreign company for allowing her to work with us. I pray that He will thanks to Dr. Kahrs for all her hard work and up to $161 million. continue to bless us with Sister Reparata’s dedication to the profession of teaching, I wish It is also important to recognize that some compassion and kindness for many, many her the best on her future endeavors. of WAPA’s existing customers, who are theo- years to come.

VerDate Nov 24 2008 05:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A05NO8.007 E05NOPT1 jbell on DSKDVH8Z91PROD with REMARKS November 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2727 LIEUTENANT ADAM W. BRYANT grams for cancer, heart disease, and thyroid OPPOSING ANY ENDORSEMENT OR disease. FURTHER CONSIDERATION OF HON. THOMAS S. P. PERRIELLO Madam Speaker, this bipartisan bill not only REPORT OF THE UNITED NA- TIONS FACT FINDING MISSION OF VIRGINIA will lower the cost and improve medical treat- ON THE GAZA CONFLICT IN THE HOUSE OF REPRESENTATIVES ments here at home but it will be a significant Thursday, November 5, 2009 step in reducing the United States reliance on foreign energy. The American Medical Iso- HON. DEBBIE WASSERMAN SCHULTZ Mr. PERRIELLO. Madam Speaker, today I topes Production Act is a fiscally responsible OF FLORIDA recognize Lieutenant Adam W. Bryant of the measure that makes the United States safer, IN THE HOUSE OF REPRESENTATIVES United States Coast Guard, who went missing more independent, and will provide hospitals Thursday, November 5, 2009 in a helicopter collision over the Pacific Ocean across the country with the resources they Ms. WASSERMAN SCHULTZ. Madam on October 29, 2009, along with eight fellow need to continue to provide the best Coast Guard officers. My heart goes out to his Speaker, I am proud to be a cosponsor of this healthcare in the world. I urge my colleagues parents, Jerry and Nina Bryant, his brother essential Resolution, unequivocally opposing to support H.R. 3276, the American Medical Ben, and all of those who knew and loved any endorsement or further consideration of Isotopes Production Act of 2009. Adam. He is sorely missed by his friends, fam- the Report of the United Nations Fact Finding ily, community, and fellow servicemembers. Mission on the Gaza Conflict. Adam was a graduate of Kenston Forest f The United Nations report on the conflict in Gaza is reflective of the original mandate or- School in Blackstone, Virginia, and the United HONORING HARRISBURG MASONIC dering its creation: biased and one-sided. Like States Coast Guard Academy. After com- LODGE #325 A.F. & A.M. pleting his mandatory enlistment, he continued all sovereign nations, Israel has not only a his service in the Coast Guard. He had served right, but moreover, an obligation, to ensure for 10 years. His family has described him as HON. JOHN SHIMKUS the safety and security of her citizens. Israel’s an intelligent, talented young man who knew military operation was in response to 8 years from an early age that his calling was service OF ILLINOIS during which Hamas terrorists fired more than to his country. I know that many will feel his IN THE HOUSE OF REPRESENTATIVES 10,000 rockets, mortars and missiles at Israeli loss deeply, for his accomplishments, his po- towns and villages. tential, and his role as a loving son, brother, Thursday, November 5, 2009 Despite these facts, and due to the original grandson, and nephew. On behalf of Virginia’s mandate that precluded it from drafting an ob- 5th District, I offer Adam’s family my sincerest Mr. SHIMKUS. Madam Speaker, I rise today jective report, the Commission concluded that condolences and thank them for Adam’s years to honor the Harrisburg Masonic Lodge #325 Israel’s defensive operation was a war on of courageous and devoted service. A.F. & A.M. in Harrisburg, Illinois upon the Gaza’s civilian population. This claim is an f dedication of their new facility on November 7, outright distortion of the truth. 2009. Additionally, I wish to congratulate them Throughout the Gaza Conflict, Israel went PERSONAL EXPLANATION on their 150th anniversary. above and beyond—even putting itself at The Harrisburg Lodge #325 was granted a risk—to protect innocent Palestinian civilians. HON. BARBARA LEE charter by the State of Illinois Grand Lodge on Specifically, Israel dropped leaflets and made OF CALIFORNIA October 5, 1859. The charter members were: phone calls to targeted Palestinian areas to IN THE HOUSE OF REPRESENTATIVES Green Berry Raum, Worshipful Master; Moses warn citizens they were in danger, even if that meant losing the element of surprise and put- Thursday, November 5, 2009 P. McGehee, Senior Warden; Richard N. War- field, Junior Warden; Benjamin Bruce, Treas- ting the lives of its own soldiers at risk. Ms. LEE of California. Madam Speaker, urer; John W. Mitchell, Secretary; John S. This report ignores evidence that many civil- today I missed rollcall vote No. 841, on a mo- Eubanks, Senior Deacon; Harvey R. Pearce, ian casualties were a result of Hamas rou- tion ordering the previous question on the rule Junior Deacon; William G. Sloan, Senior Stew- tinely using Palestinian civilians as human for H.R. 3639, The Expedited CARD Reform ard; Charles Nyberg, Junior Steward and shields. Eyewitness testimonies, video and for Consumers Act of 2009. Had I been Charles A. Towle, Tiler. Israeli intelligence reports show that during the present, I would have voted ‘‘aye’’ on this roll- operation, Hamas stored weapons in call vote. Born in Golconda, Illinois, Green Berry mosques, used hospitals as headquarters, and Raum led a life of continued service, was a f intentionally endangered Palestinian civilians. member of the 40th Congress. Mr. Raum As a member of the Congressional THE AMERICAN MEDICAL ISO- practiced law in Harrisburg, Illinois; served in Taskforce on Israel at the United Nations, it TOPES PRODUCTION ACT OF 2009 the Union Army during the Civil War as a troubles me to see yet another biased, unfair major in the Fifty-sixth Regiment, Illinois Vol- attack against the State of Israel. Not only is HON. CATHY McMORRIS RODGERS unteer Infantry and served in the 40th Con- this report a disgrace to the mission of the OF WASHINGTON gress. United Nations, but it distracts us from the real IN THE HOUSE OF REPRESENTATIVES Richard C. Davenport of Harrisburg Lodge issue at hand—achieving lasting peace in the Thursday, November 5, 2009 #325 A.F. & A.M. became the Grand Master Middle East. Israelis, Palestinians and the Mason of Illinois, overseeing all Masons in the international community must not lose the Mrs. McMORRIS RODGERS. Madam state. His tenure in that position lasted from focus of this important goal, and must con- Speaker, I rise today in strong support of H.R. 1925 to 1926 and then served as Grand Sec- tinue working to fight terrorism and support 3276, the American Medical Isotopes Produc- retary from 1928–1960. During his term, The peace. tion Act of 2009. Currently a vast majority of Grand Lodge Secretary’s office was in the f our nation’s critical supply of medical isotopes Harrisburg Masonic Lodge, located on North are imported from Canada and the Nether- Main and Walnut Streets. HONORING OAKDALE IRRIGATION lands. Yet, unforeseeable and unpreventable DISTRICT disruptions and delays in obtaining the iso- The 2009 officers include Terry Mott, Wor- topes has severely impacted nuclear medical shipful Master; Don Leibenguth, Secretary; HON. GEORGE RADANOVICH procedure throughout the country. Richard D. Harper, Treasurer; Bruce Tolley, Senior Warden; Mark Mathis, Junior Warden; OF CALIFORNIA The American Medical Isotopes Production IN THE HOUSE OF REPRESENTATIVES Act will enable research institutions, like Mack Farmer, Senior Deacon; Raymond Gun- Washington State University in my district, that ning, Junior Deacon; Dave Businaro, Marshall; Thursday, November 5, 2009 already have reactors capable of producing George Knight, Senior Steward; Kerry Jones, Mr. RADANOVICH. Madam Speaker, I rise low enriched uranium to supply a significant Junior Steward; Cameron Brown, Tiler and today to congratulate the Oakdale Irrigation portion of U.S. demand for molybdenum-99 Lyndel Alexander, Chaplin. District upon celebrating its 100th anniversary. and other medical isotopes. The domestic pro- I am pleased to recognize the Harrisburg In 1853 miners built a small diversion dam duction of moly-99 will ensure that facilities Masonic Lodge #325 A.F. & A.M. on this spe- off of the Stanislaus River, upstream from such as WSU can store isotopes necessary to cial occasion. I extend my best wishes for an Knight’s Ferry, and began digging a canal continue treatment and early detection pro- enjoyable rededication and grand opening. along the right bank of the river to their gravel

VerDate Nov 24 2008 05:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A05NO8.012 E05NOPT1 jbell on DSKDVH8Z91PROD with REMARKS E2728 CONGRESSIONAL RECORD — Extensions of Remarks November 5, 2009 works in Knight’s Ferry. In the late 1850s, Had I been present, I would have voted ‘‘yea’’ IN HONOR OF BILL POOLE David Locke built a flour mill at Knight’s Ferry. on rollcall votes 832–837 and votes 839–841. The mill was destroyed by a flood in 1862, but On rollcall vote No. 838, I would have voted was rebuilt by David Tulloch in 1866. Charles ‘‘nay.’’ HON. DUNCAN HUNTER Tulloch, David’s son, assumed management OF CALIFORNIA of the mill and purchased the miner’s canal f IN THE HOUSE OF REPRESENTATIVES and water rights so he could extend the canal Thursday, November 5, 2009 and sell the water to irrigate six thousand AVA SUZANNE CULVER MAKES acres near Oakdale and Valley Home. HER MARK ON THE WORLD Mr. HUNTER. Madam Speaker, many years In 1887, the Wright Irrigation Act was ap- ago on a high mountain lake, two young boys proved by the California State Legislature and were catching trout from a small rowboat, signed into law, giving water districts eminent HON. BOB ETHERIDGE using corn kernels for bait. The ‘‘captain’’ of domain rights, authority to issue bonds and to OF NORTH CAROLINA this ten-foot boat was a wiry, older guy with an tax properties for the construction, mainte- IN THE HOUSE OF REPRESENTATIVES ageless face and a direct manner. He was all nance and operations of irrigation works. In business. Thursday, November 5, 2009 1890, the Oakdale Irrigation Company began ‘‘Keep your rod tip up. You’re hooked into a to work on an eleven mile long canal near Mr. ETHERIDGE. Madam Speaker, I rise monster,’’ he commanded. The boy let out a Knight’s Ferry. A few years later the today to congratulate Chad and April Culver whoop as the ‘‘monster,’’ a twelve-inch rain- Stanislaus Power and Water Company, head- on the birth of their daughter, Ava Suzanne bow trout, broke the surface of the lake. ed by Mr. Tulloch, took over the irrigation Culver. Ava was born yesterday, Wednesday, That boy was me. The other boy was my company works. In 1909, Oakdale citizens November 4, 2009. She weighed 7 pounds brother Sam, who is now serving in Iraq. held a town hall meeting to demand their own and 14 ounces and measured 22 inches long. The captain of the rowboat was Bill Poole irrigation system; the land was surveyed and My wife Faye joins me in wishing Chad and who, on this and other occasions, made life the district boundaries were established. With April, and Avery’s grandparents Durwood and very exciting for us. Sadly, Bill lost his battle this completed, the Stanislaus County Board Vickie Stephenson, great happiness upon this with cancer last month. of Supervisors authorized an election in new addition to their family. After our first experience together, I would Oakdale; the people voted 849 to 27 to create As the father of three, I know the joy and learn that Bill was a legendary outdoorsman the Oakdale Irrigation District. On November pride that Chad and April feel at this special and sport fishing captain, whose ‘‘monsters’’ 1, 1909, the Oakdale Irrigation District, OID, time. Children remind us of the incredible mir- were fish that weighed in at hundreds of was formally established. acle of life, and they keep us young at heart. pounds, whose fishing trips were 1,000 mile In 1910, the OID partnered with the South Every day they show us a new way to view sojourns, and whose boats were the standard San Joaquin Irrigation District (SSJID) to joint- the world. I know the Culvers look forward to for the sport fishing industry. ly purchase the ‘‘Tulloch System’’ for six hun- the changes and challenges that their new dred and fifty thousand dollars. The two dis- But on that day, Bill was exhibiting the qual- daughter will bring to their lives while taking tricts agreed on equal water rights, totaling ity that made so many San Diegans and out- pleasure in the many rewards they are sure to over nine hundred second-feet of natural flow doorsmen from around the world want to be receive as they watch Ava grow. diversion. Since 1912, the OID and the SSJID near him. He radiated outdoor excitement and have jointly constructed five dams on the I welcome young Ava into the world and anticipation. Bill Poole was fun. For us kids, Stanislaus River. The first was Goodwin Dam wish Chad and April all the best. his mock sternness would half-frighten us and constructed at a cost of $325,000. then melt into a big smile as he showed us The Melones Dam was completed in 1926, f ‘‘the right way to do it.’’ providing 112,500 acre-feet of water storage. Bill represented the fabulous outdoor dimen- TRIBUTE TO JOHN OVERINGTON Completed in 1957, the Tri-Dam project, in- sion of our San Diego community. Early on he cluding the Donnells, Beardsley and Tulloch recognized the treasure that the fishing Dams, added 230,400 acre-feet of storage ca- HON. SHELLEY MOORE CAPITO grounds of California and Baja California of- fered to outdoorsmen who wanted their fishing pacity to the watershed and a combined OF WEST VIRGINIA power generation capacity of eighty-one thou- trip to be a real adventure. He was the father sand kilowatts. Along with these storage facili- IN THE HOUSE OF REPRESENTATIVES of long-range sport fishing in San Diego. His ties the OID built approximately three hundred Thursday, November 5, 2009 talent for finding big fish was legendary. His and fifty miles of canals and laterals to supply integrity was stainless, and his personality water to users throughout the district. Com- Mrs. CAPITO. Madam Speaker, I rise today pulled people of all ages to him like a giant pleted in 1984, the Sand Bar Hydroelectric to honor John Overington as he becomes the magnet. powerhouse added over sixteen thousand kilo- first member to reach 25 years of service in One of those people was his wife Ingrid. A watts of power for the district. the West Virginia House of Delegates. combination of beauty and purpose, she In 2004, the OID launched a major Water First elected to represent the 55th District of shared Bill’s life on a thousand outdoor adven- Resource Plan to study means to repair, re- West Virginia in 1984, John has spent the tures around the world. Together, and with build, and modernize the old and outdated past 25 years working tirelessly to address the thousands of adventurous San Diego friends, system. The plan’s overall goal was to protect needs of Berkeley County. He has become re- they made the Safari Club a wellspring of con- the OID’s water rights while enhancing the vered for his public service while successfully servation and outdoor fun. system and improving services. The Plan has bringing results through his leadership and in- When the Hunter family was going on a led to major rehabilitation efforts that continue volvement with numerous community organi- hunting trip, Dad would always make a swing today. zations. Working on many vital pieces of legis- by Bill’s house to ‘‘borrow’’ equipment. Bill Madam Speaker, I rise today to commend lation, John has assured that the best inter- would ladle out gear and advice on our up- and congratulate the Oakdale Irrigation District ests of West Virginia are at the forefront. coming outing, interspersed with comments on 100 years of development and service John is involved in countless organizations like ‘‘I’ll never see this again.’’ Then he and within its region. I invite my colleagues to join and has received several recognitions for his Dad would laugh. The gear would eventually me in wishing the Oakdale Irrigation District efforts, including Martinsburg-Berkeley County make it back to Bill’s garage. many years of continued success. Chamber of Commerce Outstanding Chairman A new generation is charged with steward- f Award in 1988. I know his involvement in the ship of the magnificent outdoors resource that Bedington Ruritan Club is very special to him, PERSONAL EXPLANATION we call America. It’s our job to keep our wa- where his passionate support has helped ters and land full of game and fish. As impor- achieve fellowship, goodwill, and community tant, it’s our job to keep our wonderful re- HON. NEIL ABERCROMBIE service in the area. source open for enjoyment by our citizens and OF HAWAII It is an honor to congratulate such a distin- their kids. Let’s remember that enjoying that IN THE HOUSE OF REPRESENTATIVES guished public servant for his years of service resource was Bill’s legacy, so that a hundred Thursday, November 5, 2009 and contribution to Berkeley County and the years from now, a small boy can bring in a 12- Mr. ABERCROMBIE. Madam Speaker, I re- State of West Virginia. I’m proud to call John inch ‘‘monster’’ rainbow trout under of the en- gret that I missed rollcall votes Nos. 832–841. a friend and fellow West Virginian. couragement of people just like Bill Poole.

VerDate Nov 24 2008 05:31 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A05NO8.017 E05NOPT1 jbell on DSKDVH8Z91PROD with REMARKS November 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2729 INTRODUCTION OF THE PUGET I am pleased that the 6 Washington State Sorority, the National Council of Negro SOUND RECOVERY ACT OF 2009 Delegation Members whose districts surround Women, the Greater New Haven Chapter of the Puget Sound are original cosponsors of the NAACP, and the New Haven Chapter of HON. NORMAN D. DICKS this legislation. the Jack and Jill of America, Inc. Her invalu- OF WASHINGTON Madam Speaker, the Puget Sound Recov- able contributions have left an indelible mark IN THE HOUSE OF REPRESENTATIVES ery Act of 2009 is an important step to author- on our community and I have no doubt that Thursday, November 5, 2009 ize the federal role in the cleanup of this im- Cheryl will continue in her work to enrich the portant water body. lives of young people and make our commu- Mr. DICKS. Madam Speaker, today I am in- f nity a better place to live, learn and grow. troducing the Puget Sound Recovery Act of Today, as she celebrates her retirement 2009. CHERYL ANDERSON PEGUES ON from her professional life, I am proud to join One of the iconic physical features of my THE OCCASION OF HER RETIRE- her husband, Elbert, her children, Elbert and home state is Puget Sound. It is a keystone of MENT Elicia, and her granddaughter, Kaila, as well our identity in Washington State. In a region as the many family, friends, and colleagues in known for its beauty, Puget Sound is beyond HON. ROSA L. DeLAURO extending my sincere congratulations to comparison. OF CONNECTICUT But the postcard image of Puget Sound be- Cheryl Pegues. Her extraordinary professional lies the fact that it is in decline. Over the last IN THE HOUSE OF REPRESENTATIVES career and infinite generosity touched the 20 years we have seen increasing signs that Thursday, November 5, 2009 hearts and minds of many. I wish her all the water quality is deteriorating. We are experi- best for many more years of health and happi- Ms. DELAURO. Madam Speaker, it is with ness. encing low-oxygen zones in a growing number great pleasure that I rise today to join the f of areas within Puget Sound. Many of our many family, friends, and colleagues who most cherished aquatic species are in trouble have gathered to pay tribute to an outstanding HEALTH CARE with salmon and Orcas listed under the En- member of our community and my good dangered Species Act. At this point, nearly friend, Cheryl Pegues, as she celebrates her HON. TIMOTHY H. BISHOP three-quarters of our original estuaries and retirement. A dedicated professional, volun- OF NEW YORK wetlands are gone. And as a toxic remnant of teer, mentor and friend, Cheryl has earned the IN THE HOUSE OF REPRESENTATIVES its more industrialized past, the bottom of the respect and admiration of those throughout Sound has many thousands of acres of ex- our community. Thursday, November 5, 2009 treme contamination. Cheryl has been a member of the Adminis- Even with this decline, the Sound remains a Mr. BISHOP of New York. Madam Speaker, tration at Gateway Community College in New natural wonder, and my legislation will provide 4-1/2 decades ago on this very floor, Con- Haven, Connecticut for more than two dec- an increased Federal role to reverse the dete- gress debated legislation closely related to the ades. She spent 18 years as the Director of rioration. Its 2,800 square miles of inland ma- bill we will consider later this week. Financial Aid, a year and a half as Acting rine waters makes Puget Sound the Nation’s It is said that history is destined to repeat Dean of Students, and, today, is retiring from second largest estuary after Chesapeake Bay. itself, especially when we repeat ourselves. So the position of Director of Student Develop- There is a strong marine and natural resource listen to these statements from the prede- ment and Services. Prior to her move to Gate- industry. The bounty of the Sound includes cessors of my friends in the minority when several hundred fish species, plentiful shellfish way, she served as Assistant Director of the they debated the bill creating Medicare. and shrimp, 25 different marine mammals and Connecticut Talent Assistance Cooperative- Their arguments sound very familiar—some 100 different species of sea birds. Education Opportunity Center—a federal TRIO strikingly similar—to the comments we’ve Several years ago, the State of Washington program where she also served as an edu- been hearing about the Affordable Health led by Governor Gregoire recognized the dire cation counselor. As you know, TRIO pro- Care for America Act: condition of Puget Sound. In response, the grams are educational opportunity outreach Quoting Representative Durwood G. Hall, a Puget Sound Partnership was set up to lead programs designed to motivate and support Republican congressman from Missouri, who the state effort to restore the Sound. The Part- students from disadvantaged backgrounds. happened to also be a medical doctor: nership developed the Puget Sound Action Throughout her professional career, Cheryl Mr. Speaker, the basis of quality medical Agenda which was recently approved by the sought to assist young people in their endeav- care is the voluntary relationship between EPA as the Comprehensive Conservation ors to further their education. Many of those the doctor and patient. This would begin to Management Plan. This Action Agenda will she worked with would not have otherwise disappear as the Government supplants the serve as the blueprint that local and state gov- benefitted from a college education. Education individual as the purchaser and provider of ernment, Tribes, and federal agencies will fol- is the cornerstone of success and today, more health services . . . Are we to tell the people of America, the low in this cooperative effort to restore Puget than ever before, our young people are facing weighty challenges as they try to pursue a col- senior citizens, that they are not capable of Sound. In tandem with these efforts occurring determining this matter . . . in Washington State, the Interior Appropria- lege degree—and those challenges are even The result will inescapably be third-party tions Subcommittee which I chair has ap- larger for disadvantaged children. Cheryl’s intrusion into the practice of hospitalization proved increasing amounts of funding for work has opened the doors of opportunity for and medicine. The physician’s judgment Puget Sound in the annual EPA budget. For countless young people and made all the dif- would be open to question by others, not re- FY 2010, I am proud that the EPA budget ference in their lives. sponsible for the patient’s wellbeing . . . contains $50 million for Puget Sound. Presi- Cheryl’s interest in enriching the lives of Congressman Hall went onto say: dent Obama signed this spending bill into law young people extends far beyond her profes- . . . Its adoption would be another down- on October 30th. sional life. Over the years she has been an ward step toward of loss of freedom of The Puget Sound Recovery Act of 2009 active member of the Board of Directors of the choice. sets up an EPA office in Washington State to Latino Youth Development, the Education Consequently, we cannot stand idly by coordinate the federal effort to implement the Support Services program, the Children in Cri- now, as the Nation is urged to embark on an Action Agenda. The other Federal agencies sis Coordinating Committee, and the Urban ill-conceived adventure in Government medi- that are involved in the cleanup include the Improvement Corps. Cheryl served on the cine, the end of which, no one can see, and from which the patient is certain to be the Fish and Wildlife Service, the Park Service, original Martin Luther King, Jr. Youth Con- ultimate sufferer. For make no mistake the Forest Service and the Natural Resources ference Committee and has organized finan- about it: The medical profession will never Conservation Service within the Department of cial aid workshops and college orientation deprive the people of high-quality medical Agriculture, the United States Geological Sur- seminars upon request from local high care and the fruits of progress of medical vey, the Army Corps of Engineers, and the schools, churches, as well as civic and service science. That will come when the Govern- Departments of Commerce, Defense, Home- organizations. ment begins meddling and interfering with land Security and Transportation. In addition, In addition to all of this, Cheryl still finds the medical freedom. this bill authorizes grants to study the causes time to serve as a Deacon and active parish- Quoting Edward Derwinski, a Republican of the Sound’s declining water quality and ioner at Immanuel Missionary Baptist Church. congressman from Illinois, who made similar ways to counter these threats, as well as She also served as a member of numerous arguments: grants for sewer and stormwater discharge professional organizations including the Theta As we look into the future, we see clear projects. Epsilon Omega Chapter of Alpha Kappa Alpha signs of rigid governmental control of our

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At the risk of servicemembers and veterans, I thank my col- Old Glory program in Woodbridge Township oversimplification, may I state that this bill leagues for supporting this measure. should be commended for their efforts. is a sugar-coated pill that is being swallowed in an easy fashion, but its ill effects will be f I am pleased to share their hard work with felt in the ultimate crippling of our medical my colleagues here in Congress and with the OUR UNCONSCIONABLE NATIONAL American people. services and unwarranted regressive tax bur- DEBT den on our citizens. f Quoting Congressman Thomas Curtis, also from the state of Missouri, who has this to HON. MIKE COFFMAN OPPOSING ANY ENDORSEMENT OR say: OF COLORADO FURTHER CONSIDERATION OF What we have done is to take a system IN THE HOUSE OF REPRESENTATIVES REPORT OF THE UNITED NA- that has proved successful for 85 percent of Thursday, November 5, 2009 TIONS FACT FINDING MISSION our people, including our older people, in ON THE GAZA CONFLICT order to solve the problems of the 15 percent. Mr. COFFMAN of Colorado. Madam Speak- er, this morning our national debt was These arguments were made by Repub- $11,978,953,722,825.90. SPEECH OF licans while debating the Social Security On January 6, 2009, the start of the 111th Amendments of 1965, commonly known as HON. GWEN MOORE Congress, the national debt was OF WISCONSIN Medicare—the bill that became law and re- $10,638,425,746,293.80. IN THE HOUSE OF REPRESENTATIVES sponsible for the program that has treated and The national debt has increased by cared for tens of millions of American seniors $1,340,527,976,532.10 so far this year. Tuesday, November 3, 2009 with the medical care they need, According to the non-partisan Congressional Ms. MOORE of Wisconsin. Madam Speak- It is striking but not all too surprising that the Budget Office, the forecast deficit for this year Grand Old Party is using the same old argu- er, I am disappointed that we have gotten to is $1.6 trillion. That means that so far this the point that the House even has to consider ments on the other side of the aisle today. year, we borrowed and spent $4.4 billion a I doubt there is any member in this chamber this resolution before us this week. I am in- day more than we have collected, passing that today who would reasonably argue that Medi- clined to vote for this resolution but not without debt and its interest payments to our children care has not benefited our Nation. Do they reservations. and all future Americans. think insurance companies would step in to My vote for this resolution should not be cover a 75-year old cancer patient if it were f read either as an endorsement of Operation not for Medicare? COMMENDING WOODBRIDGE TOWN- Lead Cast or as an endorsement of the posi- Madam Speaker, the specter of a govern- SHIP’S SALUTE TO OLD GLORY tion that investigations of serious allegations of ment takeover of health care has been part of PROGRAM war crimes should not be undertaken. the Republican playbook for nearly 45 years. We cannot act as if the devastating war in It wasn’t true then and it isn’t true now. Gaza in January did not have consequences Medicare is the life blood of today’s seniors. HON. LEONARD LANCE for Palestinians, Israelis, and the international OF NEW JERSEY It put the ‘great’ in LBJ’s Great Society. His- community. We cannot and should not brush IN THE HOUSE OF REPRESENTATIVES tory is destined to repeat itself—not just the aside legitimate allegations about abuses mistakes, but the triumphs as well. Thursday, November 5, 2009 committed by both sides during this conflict. f Mr. LANCE. Madam Speaker, I rise today to Yet, now more than ever, we also need to in- tensify efforts to resolve the very serious HONORING THE LATE ANTHONY T. address the House for one minute. On Wednesday, November 11, Veterans’ issues that had unfortunately led to many KAHOOHANOHANO ON BEING Day, there will be a special celebration entitled needless deaths and continuing tensions and AWARDED THE MEDAL OF a Salute to Old Glory in Woodbridge Town- may continue to do so if we let the status quo HONOR ship, New Jersey. The goal of the program is linger. to refurbish all American flags and flag poles I have reservations that the resolution be- HON. MAZIE K. HIRONO throughout the Woodbridge Township School fore the House this week would do nothing to OF HAWAII District. This is a huge undertaking; defuse the demagoguery that has long IN THE HOUSE OF REPRESENTATIVES Woodbridge Township is the largest munici- plagued the Middle East and to help steer us Thursday, November 5, 2009 pality in New Jersey’s Seventh Congressional to a future devoid of more rocket attacks or vi- Ms. HIRONO. Madam Speaker,I would like District. olence in the region. to recognize the late Anthony T. A Salute to Old Gory began is a vision of Ten months after the ‘‘cessation’’ of overt Kahoohanohano for his extraordinary heroism Woodbridge Board of Education Member fighting in Gaza, tensions remain high and while serving during the Korean War. Private George Yuhasz, a lifelong resident of both the Palestinian and Israeli people con- First Class Kahoohanohano’s service was re- Woodbridge Township. With the help of com- tinue to live with tremendous insecurity and cently acknowledged with our Nation’s highest munity activist Charlie Shaughnessey of fear. I am dismayed that it appears to be only award of merit, the Medal of Honor. Colonia, New Jersey the program to replace a matter of time until the endless cycle of vio- I am grateful to my colleague Senator and preserve American flags throughout the lence repeats itself again along with the re- AKAKA for inserting a provision in this year’s Township has become a huge success. sumption of increased misery for innocent defense authorization bill that awards the Veterans as well as civic organizations have Israeli and Palestinian men, women, and chil- Medal of Honor to Mr. Kahoohanohano and to joined in this effort in making Salute to Old dren in the region. We as a Congress, at this President Obama for signing the bill into law. Glory a positive initiative throughout the com- point, would be better served by trying to sup- Awarding the Medal of Honor to Anthony munity. port efforts to reinvigorate the peace process, Kahoohanohano has long been overdue. A The American Flag stands for many things defuse these mounting tensions, and pressing 19-year-old soldier from Wailuku on the island in our beloved Nation. It also serves as a both parties to meet at the negotiating table. of Maui, Kahoohanohano bravely sacrificed his great inspiration for those who want to be- Nonetheless, the Goldstone report includes own life to protect fellow soldiers in the area come part of our great democracy. some very serious charges relating to possible of Chupa-ri, Korea on September 1, 1951. Educational involvement incorporated into war crimes or other crimes against humanity After ordering members of his machine-gun the program included student essays and ar- committed by Israel, Hamas, and other Pales- squad to take up more secure positions to tistic presentations that allowed for involve- tinian armed groups. To give just one exam- provide cover as U.S. forces withdrew, ment of students throughout the school dis- ple, there are allegations of deliberate and Kahoohanohano bravely stayed behind to fight trict. premeditative efforts to target a wastewater the enemy on his own, even fighting in hand- The program has been successful because treatment plant—that did not have any link to to-hand combat after he ran out of ammuni- it has been a total community effort. In fact, ‘‘Palestinian armed groups or any other effec- tion. He was killed in action, but his coura- Salute to Old Glory will become an ongoing tive contribution to military action’’—sending geous actions inspired other American troops effort not only for the Woodbridge Board of over 200,000 cubic meters of raw sewage to launch a counterattack against the enemy. Education but for all public buildings in onto farmland. What is lacking in this report is On behalf of Anthony Kahoohanohano’s Woodbridge Township that may need a re- a full and complete accounting of the reckless, family and the State of Hawaii, and in honor plenishment of an American flag or flagpole. indiscriminate, and ongoing use of rockets by

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His position with TID allowed him to home to come home to is the least we can do countability—to hijack this process. oversee recreation at Don Pedro Reservoir on for these patriotic heroes. My colleagues and Again, the breadth and gravity of these the Tuolumne River. Over the years, Mr. Short I were able to accomplish that through the charges demand that these ‘‘facts’’ be estab- was also a member of the California Walnut Homes for Heroes Act, which was passed in lished in a comprehensive and fair way. Yet, Commission and the Federal Walnut Control June of this year. This bill will establish fund- even our own State Department—which has Board. He served as a chairman of the export ing for low-income veterans, and will address been actively engaged in pursuing peace in and research committees of the California the issues of homelessness and mental health the region and urging both sides to move that Walnut Marketing Board and served as presi- for our veterans who need it most. process forward—has raised concerns about dent of the Association of California Water Next week, on Veteran’s Day, let us also both the mandate for the report as well as the Agencies from 1993 to 1995. In addition, Mr. recognize the significant contribution that mili- report itself, noting ‘‘serious concerns about Short served our nation as a United States tary families play in the lives of our soldiers. the report’s unbalanced focus on Israel, its Marine Corp reservist. Through their sacrifices, all of our families are sweeping factual and legal conclusions, and Mr. Short is survived by his wife, Kay, and afforded the opportunity of living the American many of its recommendations.’’ I am not say- five children. Dream. I thank my colleagues for approving H. ing that there should not be a serious and Madam Speaker, I rise today to post- Res. 89 this week and look forward to joining comprehensive finding of fact that can serve humously honor Phillip Short. I invite my col- with my constituents in Houston next week. As as a starting point on the road to truth and jus- leagues to join me in honoring Mr. Short’s life a community, we will honor the sacrifices tice about what occurred on both sides. But and wishing the best for his family. made by our Nation’s veterans. this is not it. f The lack of a widely credible report on po- f tential human rights abuses during the Gaza SUPPORTING AND ENCOURAGING ILLEGAL ALIEN LOOPHOLE IN conflict is a missed opportunity to advance GREATER SUPPORT FOR VET- PELOSI HEALTH CARE TAKEOVER peace or stability in the region. It does not ad- ERANS DAY vance accountability. In a region with plenty of HON. JOE WILSON easy opportunity for division and unleashing of SPEECH OF OF SOUTH CAROLINA tensions, I believe that a more widely credible HON. AL GREEN IN THE HOUSE OF REPRESENTATIVES report could have been so much more useful OF TEXAS in promoting transparency about what oc- Thursday, November 5, 2009 IN THE HOUSE OF REPRESENTATIVES curred, justice for those affected, and the Mr. WILSON of South Carolina. Madam prospect of a future peace for all. And it would Monday, November 2, 2009 Speaker, on Tuesday I joined my colleagues have made this resolution on the floor this Mr. AL GREEN of Texas. Mr. Speaker, to comb through the Pelosi health care take- week unnecessary. today, I rise in support of freedom, but specifi- over. The takeover bill weighs in at 21 pounds f cally, I rise in support of the soldiers who have and is 2,000 pages long. You would think in HONORING PHILLIP SHORT made the dream of freedom a reality for us all. a bill that size, we would be able to find an As a cosponsor of H. Res. 89, which recog- adequate enforcement or citizenship nizes the sacrifices that are made every day verification system. HON. GEORGE RADANOVICH by the men and women who serve in the Unfortunately, we did not. All we found were OF CALIFORNIA United States Armed Forces, I am pleased the weak citizenship verification measures that will IN THE HOUSE OF REPRESENTATIVES House voted this week on the final passage of give illegal aliens easy access to health care Thursday, November 5, 2009 this legislation. benefits paid for by hard working taxpayers— Mr. RADANOVICH. Madam Speaker, I rise I would also like to acknowledge Congress- with overcrowding of medical providers delay- today to honor the life of Phillip Short for his man JOE BACA for introducing this legislation, ing services for legal citizens. dedication to his family and community. Mr. which commemorates the public holiday of In an effort to close this loophole, I am Short passed away on Sunday, September 27, Veteran’s Day and its significance in carrying going to join Congressmen NATHAN DEAL, 2009 at Doctors Medical Center in Modesto, on the legacy of our living and fallen soldiers. DEAN HELLER and SAM JOHNSON to present California. Mr. Short was seventy-three years As a bipartisan bill, this legislation rep- several amendments to the Rules Committee. old. resents the unanimous recognition of the im- Our amendments will prevent American tax- Phillip Short was born and raised in pact that the men and women of the United payers from being forced to finance benefits Hughson, California and graduated from States Armed Forces make on our daily lives. for illegal aliens by adding strong enforcement Hughson High School. He attended the Uni- The legislation notes the solemn cost of death and verification provisions to the Pelosi health versity of California, Berkley where he played that we pay for the defense of our freedom, care takeover bill. football and majored in engineering. After col- and the importance of acknowledging the I encourage the Rules Committee to accept lege, he returned to Hughson and began value of that cost. Every fallen soldier is an in- our amendments to eliminate the loopholes for growing walnuts and almonds along the tegral part of our collective American commu- fraud and abuse. Tuolumne River for over fifty years. nity, and a tremendous loss is sustained when In conclusion, God bless our troops, and we Mr. Short began his political activity within a brother, a mother, a sister, a father, a child will never forget September 11th in the Global his community in 1967, when he joined the or a friend is removed from that community. War on Terrorism. I am grateful for the visit on Hughson Elementary School Board. He served As we remember those who have given so Capitol Hill today by the Morristown Tea Party on the board for ten years. In August, 1977 much to our country, whose patriotism ex- led by Jeff Weingarten who I visited last Sun- Mr. Short was appointed to the Turlock Irriga- ceeds the requirement and defies the norm, day to encourage turnout in the New Jersey tion District Board of Directors. He was elect- we must also remember that it is our duty to gubernatorial election Tuesday. With dedi- ed to serve on the TID board for eight con- provide for the needs of those heroes through cated volunteers such as Synnove Bakke of secutive four-year terms; serving over thirty- programs, funding and medical services. Many East Brunswick, there was an historic turnout.

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HIGHLIGHTS Senate passed H.R. 2847, Commerce, Justice, Science, and Related Agen- cies Appropriations Act. Senate Rejected: Chamber Action By 36 yeas to 62 nays (Vote No. 336), Coburn Routine Proceedings, pages S11131–S11237 Amendment No. 2631, to redirect funding of the Measures Introduced: Sixteen bills and six resolu- National Science Foundation toward practical sci- tions were introduced, as follows: S. 2731–2746, S. entific research. Pages S11148, S11169–70 Graham Amendment No. 2669, to prohibit the Res. 338–342, and S. Con. Res. 47. Page S11205 use of funds for the prosecution in Article III courts Measures Reported: of the United States of individuals involved in the Special Report entitled ‘‘Further Revised Alloca- September 11, 2001, terrorist attacks. (By 54 yeas to tion to Subcommittees of Budget Totals from the 45 nays (Vote No. 338), Senate tabled the amend- Concurrent Resolution, Fiscal Year 2010’’. (S. Rept. ment.) Pages S11148, S11155–69, S11170–71 No. 111–97) During consideration of this measure today, Senate S. 1490, to prevent and mitigate identity theft, to also took the following action: ensure privacy, to provide notice of security breaches, Pursuant to the order of Wednesday, November 4, and to enhance criminal penalties, law enforcement 2009, the motion to proceed to the motion to recon- assistance, and other protections against security sider the vote by which cloture was not invoked on breaches, fraudulent access, and misuse of personally the committee-reported amendment in the nature of identifiable information, with amendments. a substitute on Tuesday, October 13, 2009, was Page S11145 Pages S11204–05 agreed to. By 60 yeas to 39 nays (Vote No. 335), three-fifths Measures Passed: of those Senators duly chosen and sworn, having Commerce, Justice, Science, and Related Agen- voted in the affirmative, Senate upon reconsideration cies Appropriations Act: By 71 yeas to 28 nays agreed to the motion to close further debate on the (Vote No. 340), Senate passed H.R. 2847, making committee-reported amendment in the nature of a appropriations for the Departments of Commerce substitute. Page S11148 and Justice, and Science, and Related Agencies for By 42 yeas to 57 nays (Vote No. 337), three-fifths the fiscal year ending September 30, 2010, agreeing of those Senators duly chosen and sworn, not having to the committee-reported amendment in the nature voted in the affirmative, Senate rejected the motion of a substitute, as amended, after taking action on to waive pursuant to section 302(f) of the Congres- the following amendments proposed thereto: sional Budget Act of 1974, with respect to Coburn Amendment No. 2667, to reduce waste and abuse at Pages S11145–86 the Department of Commerce. Subsequently, the Adopted: point of order that the amendment would provide Johanns Amendment No. 2393, prohibiting the spending in excess of the subcommittee allocation use of funds to fund the Association of Community was sustained, and the amendment thus fell. Organizations for Reform Now (ACORN). Page S11170 Pages S11148, S11172 By 32 yeas to 67 nays (Vote No. 339), three-fifths Durbin Modified Amendment No. 2647, to re- of those Senators duly chosen and sworn, not having quire the Comptroller General to review and audit voted in the affirmative, Senate rejected the motion Federal funds received by ACORN. to waive pursuant to section 302(f) of the Congres- Pages S11148, S11172 sional Budget Act of 1974, with respect to Ensign D1292

VerDate Nov 24 2008 05:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05NO9.REC D05NOPT1 jbell on DSKDVH8Z91PROD with DIGEST November 5, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1293 Modified Amendment No. 2648, to provide addi- Casey (for Akaka/Voinovich) Amendment No. tional funds for the State Criminal Alien Assistance 2736, in the nature of a substitute. Pages S11234–35 Program by reducing corporate welfare programs. Board of Directors of the Office of Compliance: Subsequently, the point of order that the amendment Senate passed S. 1860, to permit each current mem- would provide spending in excess of the sub- ber of the Board of Directors of the Office of Com- committee allocation was sustained, and the amend- pliance to serve for 3 terms. Pages S11235–36 ment thus fell. Pages S11148, S11171–72 National American Indian and Alaska Native Chair sustained a point of order against the fol- Heritage Month: Senate agreed to S. Res. 342, rec- lowing amendments, as being in violation of rule ognizing National American Indian and Alaska Na- XVI of the Standing Rules of the Senate, which pro- tive Heritage Month and celebrating the heritage hibits legislation on an appropriation bill, or as and culture of American Indians and Alaska Natives being non-germane post-cloture, and the amend- and the contributions of American Indians and Alas- ments thus fell: Page S11172 ka Natives to the United States. Page S11236 Vitter/Bennett Amendment No. 2644, to provide that none of the funds made available in this Act Measures Considered: may be used for collection of census data that does Military Construction and Veterans Affairs Ap- not include a question regarding status of United propriations Act—Agreement: Senate began con- States citizenship. Pages S11146–48 sideration of H.R. 3082, making appropriations for Levin/Coburn Amendment No. 2627, to ensure military construction, the Department of Veterans adequate resources for resolving thousands of offshore Affairs, and related agencies for the fiscal year end- tax cases involving hidden accounts at offshore finan- ing September 30, 2010, taking action on the fol- lowing amendments proposed thereto: cial institutions. Page S11148 Begich/Murkowski Amendment No. 2646, to Pages S11187–91 Adopted: allow tribes located inside certain boroughs in Alas- Johnson/Hutchison Amendment No. 2732 (to ka to receive Federal funds for their activities. Amendment No. 2730), to make a technical amend- Page S11148 ment regarding the designation of funds. Page S11191 Shelby/Feinstein Amendment No. 2625, to pro- Pending: vide danger pay to Federal agents stationed in dan- Johnson/Hutchison Amendment No. 2730, in the gerous foreign field offices. Page S11148 nature of a substitute. Pages S11188–91 Leahy Amendment No. 2642, to include nonprofit A unanimous-consent agreement was reached pro- and volunteer ground and air ambulance crew mem- viding for further consideration of the bill at ap- bers and first responders for certain benefits. proximately 9:30 a.m., on Friday, November 6, Page S11148 2009. Page S11237 Coburn Amendment No. 2632, to require public Appointments: disclosure of certain reports. Page S11148 Senate insisted on its amendment, requested a Commission on Wartime Contracting in Iraq conference with the House thereon, and the Chair and Afghanistan: The Chair, on behalf of the Vice was authorized to appoint the following conferees on President, pursuant to Public Law 110–181, and in the part of the Senate: Senators Mikulski, Inouye, consultation with the Chairmen of the Committee Leahy, Kohl, Dorgan, Feinstein, Reed, Lautenberg, on Armed Services, the Committee on Homeland Se- Nelson (NE), Pryor, Byrd, Shelby, Gregg, McCon- curity and Governmental Affairs, and the Committee nell, Hutchison, Alexander, Voinovich, Murkowski, on Foreign Relations, appointed the following indi- vidual to be a member of the Commission on War- and Cochran. Page S11186 time Contracting in Iraq and Afghanistan: Katherine Cloture Motion—Agreement: A unanimous-con- Schinasi of Washington, D.C. vice Linda J. Gustitus sent agreement was reached providing that the mo- of the District of Columbia. Page S11236 tion to invoke cloture on the bill, be withdrawn. Davis Nomination—Agreement: A unanimous- Page S11148 consent-time agreement was reached providing that Federal Executive Board Authorization Act: Sen- at 4:30 p.m., on Monday, November 9, 2009, Senate ate passed S. 806, to provide for the establishment, begin consideration of the nomination of Andre M. administration, and funding of Federal Executive Davis, of Maryland, to be United States Circuit Boards, after withdrawing the committee amend- Judge for the Fourth Circuit; that there be 60 min- ment in the nature of a substitute, and agreeing to utes of debate with respect to the nomination, with the following amendment proposed thereto: the time equally divided and controlled between Pages S11233–35 Senators Leahy and Sessions, or their designees; that

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at 5:30 p.m., Senate vote on confirmation of the Amendments Submitted: Pages S11223–32 nomination. Page S11196 Authorities for Committees to Meet: Nominations Confirmed: Senate confirmed the fol- Pages S11232–33 lowing nominations: Privileges of the Floor: Page S11233 By unanimous vote of 93 yeas (Vote No. EX. 341), Ignacia S. Moreno, of New York, to be an As- Record Votes: Seven record votes were taken today. sistant Attorney General. Pages S11186–88, S11237 (Total—341) Pages S11148, S11169–72, S11175, S11187 Arturo A. Valenzuela, of the District of Columbia, Adjournment: Senate convened at 9:31 a.m. and to be an Assistant Secretary of State (Western Hemi- adjourned at 8:31 p.m., until 9:30 a.m. on Friday, sphere Affairs). November 6, 2009. (For Senate’s program, see the Rolena Klahn Adorno, of Connecticut, to be a remarks of the Acting Majority Leader in today’s Member of the National Council on the Humanities Record on page S11237.) for a term expiring January 26, 2014. Anne S. Ferro, of Maryland, to be Administrator of the Federal Motor Carrier Safety Administration. Committee Meetings Marvin Krislov, of Ohio, to be a Member of the National Council on the Humanities for a term ex- (Committees not listed did not meet) piring January 26, 2014. NOMINATIONS Susan Tsui Grundmann, of Virginia, to be Chair- man of the Merit Systems Protection Board. Committee on Banking, Housing, and Urban Affairs: Susan Tsui Grundmann, of Virginia, to be a Committee concluded a hearing to examine the Member of the Merit Systems Protection Board for nominations of Steven L. Jacques, of Kansas, to be the term of seven years expiring March 1, 2016. Assistant Secretary of Housing and Urban Develop- Anne Marie Wagner, of Virginia, to be a Member ment for Public Affairs, who was introduced by Sen- of the Merit Systems Protection Board for the term ator McCaskill, Eric L. Hirschhorn, of Maryland, to of seven years expiring March 1, 2014. be Under Secretary of Commerce for Export Admin- Benjamin B. Wagner, of California, to be United istration, who was introduced by former Representa- States Attorney for the Eastern District of California tive Stephen Solarz, and Marisa Lago, of New York, for the term of four years. to be Assistant Secretary of the Treasury for Inter- Laurie O. Robinson, of the District of Columbia, national Markets and Development, who was intro- to be an Assistant Attorney General. duced by Senator Reed, after the nominees testified Cynthia L. Quarterman, of Georgia, to be Admin- and answered questions in their own behalf. istrator of the Pipeline and Hazardous Materials Safety Administration, Department of Transpor- WATER AND POWER BILLS tation. Committee on Energy and Natural Resources: Sub- Carmen Milagros Ortiz, of Massachusetts, to be committee on Water and Power concluded a hearing United States Attorney for the District of Massachu- to examine S. 1757, to provide for the prepayment setts for the term of four years. of a repayment contract between the United States Edward J. Tarver, of Georgia, to be United States and the Uintah Water Conservancy District, S. Attorney for the Southern District of Georgia for the 1758, to provide for the allocation of costs to project term of four years. power with respect to power development within the Elizabeth M. Robinson, of Virginia, to be Chief Diamond Fork System, and S. 1759, to authorize Financial Officer, National Aeronautics and Space certain transfers of water in the Central Valley Administration. Project, after receiving testimony from Senators Patrick Gallagher, of Maryland, to be Director of Feinstein and Boxer; Michael L. Connor, Commis- the National Institute of Standards and Technology. sioner, Bureau of Reclamation, Department of the Pages S11196, S11237 Interior; Martin R. McIntyre, San Luis Water Dis- Messages From the House: Pages S11203–04 trict, Los Banos, California; and Hamilton Candee, Altshuler Berzon LLP, San Francisco, California, on Executive Communications: Page S11204 behalf of the Grassland Water District. Executive Reports of Committees: Page S11205 BUSINESS MEETING Additional Cosponsors: Pages S11205–07 Committee on Environment and Public Works: Com- Statements on Introduced Bills/Resolutions: mittee ordered favorably reported S. 1733, to create Pages S11207–23 clean energy jobs, promote energy independence, re- Additional Statements: Page S11203 duce global warming pollution, and transition to a

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NOMINATIONS BUSINESS MEETING Committee on Foreign Relations: Committee concluded Committee on the Judiciary: Committee ordered favor- a hearing to examine the nominations of Jeffrey L. ably reported the following business items: Bleich, of California, to be Ambassador to Australia, S. 1490, to prevent and mitigate identity theft, to who was introduced by Senator Kerry, David ensure privacy, to provide notice of security breaches, Huebner, of California, to be Ambassador to New and to enhance criminal penalties, law enforcement Zealand, and to serve concurrently and without addi- assistance, and other protections against security tional compensation as Ambassador to Samoa, Robert breaches, fraudulent access, and misuse of personally R. King, of Virginia, to be Special Envoy on North identifiable information, with an amendment; Korean Human Rights Issues, with the rank of Am- S. 139, to require Federal agencies, and persons bassador, who was introduced by Representatives engaged in interstate commerce, in possession of data Berman and Ros-Lehtinen, and Peter Alan Prahar, of containing sensitive personally identifiable informa- Virginia, to be Ambassador to the Federated States tion, to disclose any breach of such information; of Micronesia, all of the Department of State, after S. 1472, to establish a section within the Criminal the nominees testified and answered questions in Division of the Department of Justice to enforce their own behalf. human rights laws, to make technical and con- forming amendments to criminal and immigration INCORPORATION TRANSPARENCY AND laws pertaining to human rights violations, with an LAW ENFORCEMENT ASSISTANCE ACT amendment; and Committee on Homeland Security and Governmental Af- The nominations of Ketanji Brown Jackson, of fairs: Committee concluded a hearing to examine S. Maryland, to be a Member of the United States Sen- 569, to ensure that persons who form corporations in tencing Commission, Kenyen Ray Brown, to be the United States disclose the beneficial owners of United States Attorney for the Southern District of those corporations, in order to prevent wrongdoers Alabama, Stephanie M. Rose, to be United States from exploiting United States corporations for crimi- Attorney for the Northern District of Iowa, and nal gain, to assist law enforcement in detecting, pre- Nicholas A. Klinefeldt, to be United States Attorney venting, and punishing terrorism, money laundering, for the Southern District of Iowa, all of the Depart- and other misconduct involving United States cor- ment of Justice. porations, after receiving testimony from David S. Cohen, Assistant Secretary of the Treasury for Ter- RECIDIVISM AT THE LOCAL LEVEL rorist Financing; Jennifer Shasky, Senior Counsel to Committee on the Judiciary: Subcommittee on Crime the Deputy Attorney General, Department of Jus- and Drugs concluded a hearing to examine reducing tice; David H. Kellogg, Solers Inc., Arlington, Vir- recidivism at the local level, after receiving testi- ginia; Kevin L. Shepherd, American Bar Association, mony from Harvey Bartle III, Chief Judge, United Baltimore, Maryland; John R. Ramsey, Federal Law States District Court for the Eastern District of Enforcement Officers Association, Lewisberry, Penn- Pennsylvania, Philadelphia; Doug Burris, Chief Pro- sylvania; and Jack A. Blum, Tax Justice Network- bation Officer, United States District Court for the USA, Washington, D.C., on behalf of Global Finan- Eastern District of Missouri, St. Louis; Sheriff An- cial Integrity. drea Cabral, Suffolk County Sheriff’s Department, Boston, Massachusetts; Chief Stefan LoBuglio, Mont- EMPLOYMENT NON-DISCRIMINATION ACT gomery County Department of Correction and Reha- Committee on Health, Education, Labor, and Pensions: bilitation Pre-Release and Reentry Services Division, Committee concluded a hearing to examine S. 1584, Rockville, Maryland; and Amy L. Solomon, Urban to prohibit employment discrimination on the basis Institute Justice Policy Center, and David B. of sexual orientation or gender identity, after receiv- Muhlhausen, Heritage Foundation Center for Data ing testimony from Thomas E. Perez, Assistant At- Analysis, both of Washington, D.C. torney General, Department of Justice; Lisa Mad- igan, Illinois Attorney General, and Camille A. VETERANS’ AFFAIRS AND INDIAN HEALTH Olson, Seyfarth Shaw LLP, both of Chicago, Illinois; SERVICE COOPERATION Helen Norton, University of Colorado School of Law, Committee on Veterans’ Affairs: Committee concluded a Boulder; Virginia Nguyen, Nike, Beaverton, Oregon; hearing to examine Veterans’ Affairs and Indian Michael P. Carney, City of Springfield Police De- Health Service cooperation, after receiving testimony partment, Springfield, Massachusetts; and Craig L. from Senator Murkowski; James R. Floyd, Network

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Director, VA Heartland Network (VISN 15), Vet- Tribes Health & Human Services Department; and erans Health Administration, Department of Vet- Andy Joseph, the Confederated Tribes of the Colville erans Affairs; Randy E. Grinnell, Deputy Director, Reservation and the Northwest Portland Area Indian Indian Health Service, and Theresa Cullen, Director Health Board, Washington, D.C., on behalf of the of Information Technology, Indian Health Service, National Indian Health Board. both of the Department of Health and Human Serv- ices; W.J. Richardson, Rocky Mountain Health Net- INTELLIGENCE work, Helena, on behalf of the Montana Healthcare System; William Clayton Sam Park, Papa Ola Select Committee on Intelligence: Committee held closed Lokahi, Honolulu, Hawaii; S. Kevin Howlett, The hearings on intelligence matters, receiving testimony Confederated Salish and Kootenai Tribes of the Flat- from officials of the intelligence community. head Nation, St. Ignatius, Montana, on behalf of the Committee recessed subject to call. h House of Representatives Suspensions—Proceedings Resumed: The House Chamber Action agreed to suspend the rules and agree to the fol- Public Bills and Resolutions Introduced: 10 pub- lowing measures which were debated on Wednesday, lic bills, H.R. 4027–4036; and 5 resolutions, H. November 4th: Con. Res. 209; and H. Res. 891–894 were intro- Honoring and recognizing the service and duced. Page H12456 achievements of current and former female mem- Additional Cosponsors: Pages H12456–57 bers of the Armed Forces: H. Res. 868, to honor Report Filed: A report was filed today as follows: and recognize the service and achievements of cur- H.R. 1849, to designate the Liberty Memorial at rent and former female members of the Armed the National World War I Museum in Kansas City, Forces, by a 2⁄3 yea-and-nay vote of 366 yeas with Missouri, as the National World War I Memorial none voting ‘‘nay’’, Roll No. 858; Pages H12380–81 and to establish the World War I centennial com- mission to ensure a suitable observance of the cen- Congratulating the first graduating class of the tennial of World War I, with an amendment (H. United States Air Force Academy on their 50th Rept. 111–329, Pt. 1). Pages H12455–56 graduation anniversary and recognizing their con- tributions to the Nation: H. Con. Res. 139, amend- Speaker: Read a letter from the Speaker wherein she ed, to congratulate the first graduating class of the appointed Representative Pastor to act as Speaker United States Air Force Academy on their 50th Pro Tempore for today. Page H12367 graduation anniversary and to recognize their con- Oath of Office—Tenth Congressional District of tributions to the Nation, by a 2⁄3 yea-and-nay vote California: Representative-elect John Garamendi of 411 yeas with none voting ‘‘nay’’, Roll No. 860; presented himself in the well of the House and was Pages H12396–97 administered the Oath of Office by the Speaker. Ear- lier, the Clerk of the House transmitted a facsimile Recognizing the efforts of career and technical copy of a letter from Ms. Cathy Mitchell, Chief of colleges to educate and train workers for positions Elections Division, Secretary of State, State of Cali- in high-demand industries: H. Res. 880, amended, fornia, indicating that, according to the unofficial re- to recognize the efforts of career and technical col- turns of the Special Election held November 3, leges to educate and train workers for positions in 2009, the Honorable John Garamendi was elected high-demand industries, by a 2⁄3 recorded vote of Representative to Congress for the Tenth Congres- 409 ayes with none voting ‘‘no’’, Roll No. 861; and sional District, State of California. Pages H12397–98 Pages H12379–80, H12453 Agreed to amend the title so as to read: ‘‘Recog- Whole Number of the House: The Speaker an- nizing the efforts of postsecondary institutions offer- nounced to the House that, in light of the adminis- ing career and technical education to educate and tration of the oath to the gentleman from California, train workers for positions in high-demand indus- Mr. Garamendi, the whole number of the House is tries.’’. Page H12397 adjusted to 434. Page H12380

VerDate Nov 24 2008 05:42 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D05NO9.REC D05NOPT1 jbell on DSKDVH8Z91PROD with DIGEST November 5, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1297 Expressing support for the goals and ideals of amend the Homeland Security Act of 2002 to ex- National Family Literacy Day: H. Res. 878, to ex- tend, modify, and recodify the authority of the Sec- press support for the goals and ideals of National retary of Homeland Security to enhance security and Family Literacy Day, by a 2⁄3 recorded vote of 409 protect against acts of terrorism against chemical fa- ayes with none voting ‘‘no’’, Roll No. 864. cilities. Consideration is expected to resume tomor- Page H12428 row, November 6th. Pages H12370–79, H12407–26 Suspensions: The House agreed to suspend the rules H. Res. 885, the rule providing for consideration and pass the following measures: of the bill, was agreed to by a yea-and-nay vote of 233 yeas to 182 nays, Roll No. 857, after the pre- Unemployment Compensation Extension Act of vious question was ordered by a yea-and-nay vote of 2009: Agreed to the Senate amendment to H.R. 241 yeas to 180 nays, Roll No. 856. Pages H12378–79 3548, to amend the Supplemental Appropriations Act, 2008 to provide for the temporary availability Moment of Silence: The House observed a moment of certain additional emergency unemployment com- of silence in honor of the victims of the violence at Page H12427 pensation, by a 2⁄3 yea-and-nay vote of 403 yeas to Fort Hood today, November 5, 2009. 12 nays, Roll No. 859; Pages H12381–90, H12395–96 Quorum Calls—Votes: Seven yea-and-nay votes and World War I Memorial and Centennial Act of two recorded votes developed during the proceedings 2009: H.R. 1849, amended, to designate the Liberty of today and appear on pages H12378, H12378–79, Memorial at the National World War I Museum in H12380, H12395–96, H12396–97, H12397, Kansas City, Missouri, as the National World War H12426. H12427 and H12428. There were no I Memorial and to establish the World War I cen- quorum calls. tennial commission to ensure a suitable observance of Adjournment: The House met at 10 a.m. and ad- the centennial of World War I, by a 2⁄3 yea-and-nay journed at 10:06 p.m. vote of 418 yeas to 1 nay, Roll No. 862; Program for Friday: Complete consideration of Pages H12390–94, H12426 H.R. 2868—Chemical Facility Anti-Terrorism Act Cesar E. Chavez Post Office Designation Act: S. of 2009. 748, to redesignate the facility of the United States Postal Service located at 2777 Logan Avenue in San Committee Meetings Diego, California, as the ‘‘Cesar E. Chavez Post Of- fice’’; and Pages H12400–01 U.S. IRAQ/AFGHANISTAN STRATEGY American Medical Isotopes Production Act of Committee on Armed Services: Subcommittee on Over- 2009: H.R. 3276, amended, to promote the produc- sight and Investigations held a hearing on Iraq and tion of molybdenum-99 in the United States for Afghanistan: Perspectives on U.S. Strategy, Part II. medical isotope production, and to condition and Testimony was heard from public witnesses. phase out the export of highly enriched uranium for PREVENTING CHILD ABUSE 2 the production of medical isotopes, by a ⁄3 yea-and- Committee on Education and Labor: Subcommittee on nay vote of 400 yeas to 17 nays, Roll No. 863. Healthy Families and Communities held a hearing Pages H12401–06, H12426–27 on Preventing Child Abuse and Improving Re- Suspensions—Proceedings Postponed: The House sponses to Families in Crisis. Testimony was heard debated the following measures under suspension of from Rodney Hammond, Director, Division of Vio- the rules. Further proceedings were postponed: lence Prevention, National Center for Injury Preven- Corporal Joseph A. Tomci Post Office Building tion and Control, Center for Disease Control and Designation Act: H.R. 3788, to designate the facil- Prevention, Department of Health and Human Serv- ity of the United States Postal Service located at ices and public witnesses. 3900 Darrow Road in Stow, Ohio, as the ‘‘Corporal COMMITTEE PRINT—FINANCIAL Joseph A. Tomci Post Office Building’’ and STABILITY IMPROVEMENT ACT OF 2009 Pages H12394–95 Committee on Financial Services: Began consideration of Jack F. Kemp Post Office Building Designation Committee Print of the Financial Stability Improve- Act: S. 1211, to designate the facility of the United ment Act of 2009. States Postal Service located at 60 School Street, Or- Will continue tomorrow. chard Park, New York, as the ‘‘Jack F. Kemp Post MISCELLANEOUS MEASURES Office Building’’. Pages H12398–H12400 Committee on the Judiciary: ordered reported the fol- Chemical Facility Anti-Terrorism Act of 2009: lowing bills: H.R. 3845, as amended, USA PATRIOT The House began consideration of H.R. 2868, to Amendments Act of 2009; H.R. 984, as amended, State

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Secret Protection Act of 2009; and H. Res. 871, Direct- Monument; H.R. 3759, BLM Contract Extension ing the Attorney General to transmit to the House of Act; and H.R. 3804, National Park Service Authori- Representatives certain documents, records, memos, cor- ties and Corrections Act of 2009. Testimony was respondence, and other communications regarding med- heard from Representatives Forbes Marshall, ical malpractice reform. Reichert, Heller, Polis and Tonko; Katherine H. Ste- COMBATING ORGANIZED RETAIL CRIME venson, Assistant Director, Business Services, Na- Committee on the Judiciary: Subcommittee on Crime, tional Park Service, Department of the Interior; Jim Terrorism, and Homeland Security held a hearing on Bedwell, Director, Recreation and Heritage Re- Combating Organized Retail Crime—The Role of sources, Forest Service, USDA; and public witnesses. Federal Law Enforcement. Testimony was heard from David J. Johnson, Section Chief, Violent Crime Sec- POSTAL SERVICE DIVERSIFICATION tion, Criminal Investigation Division, FBI, Depart- Committee on Oversight and Government Reform: Sub- ment of Justice; Janice Ayala, Deputy Assistant Di- committee on Federal Workforce, Postal Service and rector, Office of Investigations, Immigration and the District of Columbia held a hearing entitled Customs Enforcement; and John R. Large, Special ‘‘More than Stamps: Adapting the Postal Service to Agent in Charge, Criminal Investigations Division, a Changing World.’’ Testimony was heard from both with the Department of Homeland Security; Robert Bernstock, President, Mailing and Shipping and Zane Hill, Deputy Chief Postal Inspector, U.S. Services, U.S. Postal Service; Ruth Goldway, Chair- Postal Service. man, U.S. Postal Regulatory Commission; Phillip RENEWABLE ENERGY SITING Herr, Director, Physical Infrastructure, GAO: Mi- TRANSMISSION MODELS chael Coughlin, Deputy Postmaster General, U.S. Postal Service; and a public witness. Committee on Natural Resources: Subcommittee on En- ergy and Mineral Resources and the Subcommittee NATIONAL ARCHIVES ELECTRONIC on Water and Power held a joint oversight hearing RECORDS entitled ‘‘Getting Past Gridlock: Models for Renew- able Energy Siting and Transmission.’’ Testimony Committee on Oversight and Government Reform: Sub- was heard from Marcilynn Burke, Deputy Director, committee on Information Policy, Census and the Bureau of Land Management, Department of the In- National Archives held a hearing entitled ‘‘The Na- terior; Patricia Hoffman, Acting Assistant Secretary, tional Archives’ Ability to Safeguard the Nation’s Office of Electricity Delivery and Energy Reliability, Electronic Records.’’ Testimony was heard from the Department of Energy; Dian Grueneich, Commis- following officials of the National Archives and sioner, Public Utilities Commission, State of Cali- Records Administration: Adrienne Thomas. Acting fornia; and public witnesses. Archivist of the United States; and Paul Brachfeld, Inspector General; David A. Powner, Director, Infor- GUAM PUBLIC EDUCATION PROGRAM mation Technology, Management Issues, GAO; and Committee on Natural Resources: Subcommittee on In- a public witness. sular Affairs, Oceans and Wildlife held a hearing on H.R. 3940, To authorize the Secretary of the Interior GEOENGINEERING/CLIMATE to extend grants and other assistance to facilitate a INTERVENTION political status public education program for the Committee on Science and Technology: Held a hearing on people of Guam. Testimony was heard from Nikolao Geoengineering: Assessing the Implications of Large- Pula, Director, Office of Insular Affairs, Department Scale Climate Intervention. Testimony was heard of the Interior; and Felix P. Camacho, Governor of from public witnesses. Guam. MISCELLANEOUS MEASURES MISCELLANEOUS MEASURES Committee on Natural Resources: Subcommittee on Na- Committee on Transportation and Infrastructure: Ap- tional Parks, Forests and Public Lands, hearing on proved the following measures: the Hazardous Mate- the following bills: H.R. 765, Nellis Dunes National rial Transportation Safety Act of 2009; H.R. 3377, Off-Highway Vehicle Recreation Area Act of 2009; as amended, Disaster Response, Recovery, and Miti- H.R. 1769, Alpine Lakes Wilderness Additions and gation Enhancement Act of 2009; H.R. 1174, as Pratt and Middle Fork Snoqualmie Rivers Protection amended, FEMA Independence Act of 2009; H. Res. Act; H.R. 2476, Ski Area Recreational Opportunity 841, Expressing support for designation of Novem- Enhancement Act of 2009; H.R. 3388, Petersburg ber 29, 2009, as ‘‘Drive Safer Sunday;’’ and General National Battlefield Boundary Modification Act; Services Administration Capital Investment and H.R. 3603, To rename the Ocmulgee National Leasing Program Resolutions.

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FOREIGN BANK ACCOUNT REPORTING COMMITTEE MEETINGS FOR FRIDAY, Committee on Ways and Means: Subcommittee on Se- NOVEMBER 6, 2009 lect Revenue Measures held a hearing on Foreign (Committee meetings are open unless otherwise indicated) Bank Account Reporting and Tax Compliance. Tes- timony was heard from the following officials of the Senate Department of the Treasury: Stephen E. Shay, Dep- No meetings/hearings scheduled. uty Assistant Secretary, International Tax Affairs; and William J. Wilkins, Chief Counsel, IRS; and House public witnesses. Committee on Financial Services, to continue markup of Committee Print of the Financial Stability Improvement CLASSIFIED INFORMATION ACCESS Act of 2009, 12 p.m., 2128 Rayburn. Permanent Select Committee on Intelligence: Met and Committee on the Judiciary, Subcommittee on Crime, voted on non-committee member requests for access Terrorism, and Homeland Security, hearing on H.R. to classified information. 2811, To amend title 18, United States Code, to include constrictor snakes of the species Python genera as an inju- BRIEFING ON PERU rious animal, 10 a.m., 2141 Rayburn. Permanent Select Committee on Intelligence: Sub- Committee on Rules, to consider H.R. 3962, Affordable committee on Oversight and Investigations met in Health Care for America Act of 2009, 2 p.m., H–3123 executive session to receive a briefing on Peru. Sub- Capitol. committee was briefed by departmental witnesses. Joint Meetings Joint Economic Committee: to hold hearings to examine Joint Meetings the employment situation for October 2009, 9:30 a.m., No joint committee meetings were held. SD–106.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, November 6 9 a.m., Friday, November 6

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: Complete consideration of H.R. of H.R. 3082, Military Construction and Veterans Affairs 2868—Chemical Facility Anti-Terrorism Act of 2009. Appropriations Act.

Extensions of Remarks, as inserted in this issue

HOUSE Dicks, Norman D., Wash., E2729 Linder, John, Ga., E2726 Etheridge, Bob, N.C., E2728 McMorris Rodgers, Cathy, Wash., E2727 Abercrombie, Neil, Hawaii, E2728 Green, Al, Tex., E2731 Moore, Gwen, Wisc., E2730 Baca, Joe, Calif., E2723 Hastings, Doc, Wash., E2726 Nunes, Devin, Calif., E2726 Bishop, Timothy H., N.Y., E2729 Hensarling, Jeb, Tex., E2725 Perriello, Thomas S.P., Va., E2727 Brady, Robert A., Pa., E2723 Hirono, Mazie K., Hawaii, E2730 Broun, Paul C., Ga., E2725 Holt, Rush D., N.J., E2724 Radanovich, George, Calif., E2723, E2727, E2731 Buyer, Steve, Ind., E2724 Hunter, Duncan, Calif., E2728 Shimkus, John, Ill., E2727 Capito, Shelley Moore, W.Va., E2728 Kildee, Dale E., Mich., E2726 Shuster, Bill, Pa., E2724 Cleaver, Emanuel, Mo., E2725 Kucinich, Dennis J., Ohio, E2724, E2725 Wasserman Schultz, Debbie, Fla., E2727 Coffman, Mike, Colo., E2730 Lance, Leonard, N.J., E2730 Wilson, Joe, S.C., E2731 DeLauro, Rosa L., Conn., E2729 Lee, Barbara, Calif., E2727

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