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

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

Vol. 155 WASHINGTON, TUESDAY, MAY 5, 2009 No. 68 House of Representatives The House met at 10:30 a.m. and was our community. But it is important for only can you think multiplication of called to order by the Speaker pro tem- what it symbolizes as the potential for the 1,200 construction jobs that we pore (Mr. SALAZAR). a new partnership with the Federal have in Portland that could be visited f Government for the reintroduction of in these communities, just on laying the modern streetcar into our commu- DESIGNATION OF SPEAKER PRO the tracks, reshaping the landscape, re- nities across the country. locating the utilities, but it also is TEMPORE One hundred and twenty years ago, going to be a magnet for the develop- The SPEAKER pro tempore laid be- streetcars were very much in evidence fore the House the following commu- here in Washington, DC and, indeed, ment on the adjacent property. This is nication from the Speaker: from coast to coast. You could travel something that is a signal to devel- opers large and small about a transpor- WASHINGTON, DC, from Boston, Massachusetts, to Chi- May 5, 2009. cago, all but about 13 miles, uninter- tation alternative. I hereby appoint the Honorable JOHN T. rupted, on streetcars and interurban Then there is the opportunity for the SALAZAR to act as Speaker pro tempore on electric systems. These streetcars first time in 58 years to have a modern this day. shaped our modern communities with American streetcar manufactured in NANCY PELOSI, an efficient mechanism for transpor- the United States. We have developed Speaker of the House of Representatives. tation. People liked them, and it was f something that helped develop housing in the City of Portland a prototype car that is being manufactured locally MORNING-HOUR DEBATE and downtown density. Over the course of this last decade, I that’s being delivered to this new The SPEAKER pro tempore. Pursu- am proud of the role our community project. Each streetcar results in 15 ad- ant to the order of the House of Janu- has played helping to launch the first ditional manufacturing jobs in our ary 6, 2009, the Chair will now recog- modern streetcar in the United States community, but also another 15 jobs nize Members from lists submitted by that is serving as a model for what can per car for subcontractors across the majority and minority leaders for happen across the country. Our first America. I have a list of subcontrac- morning-hour debate. line has already been extended three tors from coast-to-coast, particularly The Chair will alternate recognition times. It has attracted over $3.5 billion between the parties, with each party in the hard-hit manufacturing areas of of new development, millions of pas- the upper Midwest where machine limited to 30 minutes and each Mem- sengers and, very important, the trips shops are going to be providing parts ber, other than the majority and mi- that aren’t being taken by automobile, for this modern American streetcar. nority leaders and the minority whip, saving carbon pollution, fighting con- limited to 5 minutes. gestion, saving people money. Mr. Speaker, this is an opportunity f The decision by the Department of for this Congress and the new adminis- PORTLAND’S STREETCAR Transportation to administer the small tration to build on the promise, not EXTENSION starts legislation that I authored in just to have a streetcar line extended the last reauthorization means that we in the City of Portland, but to start a The SPEAKER pro tempore. The can spread these benefits all across the Chair recognizes the gentleman from modern industry of rail transport, tak- country. There are dozens of cities, ing us back to the future, with the Oregon (Mr. BLUMENAUER) for 5 min- Boise, Idaho; Washington, DC; Tucson; tram, with the trolley, with the street- utes. Fort Lauderdale; Charlotte; Cincinnati; car, whatever one wants to call it, that Mr. BLUMENAUER. Mr. Speaker, Des Moines; Miami; Providence, Rhode will have a transformational effect on last week’s decision by the Secretary Island; New Haven, Connecticut; Se- of Transportation Ray LaHood to au- attle, Salt Lake. our communities while it helps revi- thorize $75 million in Federal funds to The list is extensive of communities talize our economy. extend Portland’s streetcar was not that are poised and ready to go with a just important news for our commu- modest amount of investment. The f nity, although it was welcome. Indeed, streetcar costs a fraction of what a it’s going to create over 1,200 new jobs, light rail system would do. Our initial UYGHURS construction starting almost imme- streetcar costs less than 1 mile of diately. urban freeway. The SPEAKER pro tempore. The It’s going to help serve as a magnet But it’s important to think about the Chair recognizes the gentleman from for development for a broad swath of ripple effects across the country. Not Virginia (Mr. WOLF) for 5 minutes.

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

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VerDate Nov 24 2008 03:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MY7.000 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5100 CONGRESSIONAL RECORD — HOUSE May 5, 2009 Mr. WOLF. Mr. Speaker, I was the see this information, all of it should be It’s important to point out that the author of legislation in 1998 that cre- released. acid-rain solution was a bipartisan so- ated the National Commission on Ter- Eric Holder cannot just pick and lution. My constituents in Los Angeles rorism, whose report and recommenda- choose what classified information he County don’t want more rhetoric, they tions were, unfortunately, ignored by wants to release, only that which justi- want solutions and specifics. both the Clinton and the Bush adminis- fies his case, and cover up and keep Consider what the Democratic energy tration prior to 9/11. quiet the others. These people should plan will accomplish for this economy: Fast forward to today, and you can not be released into the United States. Clean energy jobs provisions will cre- understand my concern when I hear Would you want to have trained ter- ate nearly 300,000 new jobs. The effi- that Attorney General Eric Holder is rorists living in your neighborhood? ciency savings measures will create preparing to release trained terrorists The answer is no, and I believe that 222,000 new jobs by 2020. The clean en- into the United States. Several media Congress also is shirking its responsi- ergy jobs provisions will result in near- outlets have been reporting that a deci- bility for not getting this information ly $100 billion in savings for consumers sion is imminent on the release of before a decision has been made. and businesses by 2030. The efficiency Uyghurs presently detained at Guanta- f savings measures alone will result in namo Bay. These detainees have been MOVING IN A NEW DIRECTION nearly $170 billion in utility bill sav- held at Guantanamo Bay since 2002 ings by 2020. The SPEAKER pro tempore. The after being captured at terrorist train- Chair recognizes the gentlewoman from b 1045 ing camps affiliated with al Qaeda. Information I have received indicates California (Ms. RICHARDSON) for 5 min- The Democratic plan in this Congress utes. these detainees may be far more dan- will impact every facet of the lives of Ms. RICHARDSON. Mr. Speaker, the gerous than this administration has led Americans. We must take care and 111th Congress is moving in a new di- the American people to believe. These craft a bill that will promote new job rection, a new direction with our clean growth around this Nation, a bill that detainees have been taught how to kill energy jobs plan. Americans all over and terrorize by the same terrorist net- will have energy infrastructure to keep this country, whether you are from my these jobs and industries alive in the works affiliated with the attacks on home State of California or all the way September 11, the USS Cole, U.S. em- United States for generations to over in Ohio, whether you are an iron- come—we have learned that—and a bill bassies in Africa and the brutal behead- worker or a teacher, whether you are ing of Wall Street Journal reporter that will promote our national and eco- retired or temporarily unemployed, nomic security. Daniel Pearl. Yet Eric Holder is consid- Americans all know that we are facing ering releasing them into the United The Democratic energy plan is a a crisis, a crisis in our economic plan, blueprint for legislation that the States. a crisis with energy and a crisis with American people have called for, a Both the FBI and the Department of our climate. change in a new direction. I look for- Homeland Security have reportedly The Democrats in this Congress have raised concerns about the release of a solution that’s a jobs generator and a ward to working with my colleagues to these detainees, who are members of money saver that will properly address moving America in that right direction the Eastern Turkistan Islamic Move- each of these problems. The Demo- and finally to true energy independ- ment, a terrorist organization affili- cratic solution is our clean energy ence. ated with al Qaeda. But yet Eric Holder plan. The Democratic plan invests in f will not release the information. clean energy jobs that can’t be shipped WHY IS NUCLEAR NOT INCLUDED? Let me be clear, we are not talking overseas, in saving money for families The SPEAKER pro tempore. The about transferring these people to pris- and businesses through efficiency, and Chair recognizes the gentleman from ons in the United States. They would ending, finally, our addiction to foreign Florida (Mr. STEARNS) for 5 minutes. be released free and clear to roam oil. through your neighborhood, shop in Republican opponents simply refuse Mr. STEARNS. Mr. Speaker, pres- your shopping malls and go wherever to acknowledge the cause and the mag- ently the majority is developing their they want to. nitude of this problem, and Repub- own energy legislation through the En- And yet the Congress has not been licans fail to acknowledge the change ergy and Commerce Committee. I serve briefed on this. We have called for required today for the opportunity of on the Subcommittee on Energy. We briefings from numerous agencies but growing jobs in this new economy. The have had several hearings and many, have been told by the agencies that the U.S. has lost and is currently losing many witnesses, including Vice Presi- Attorney General’s office will not clean energy jobs and market share to dent Gore. This legislation is entitled allow them to come to the Hill. China, Germany and Korea. the American Clean Energy and Secu- This is, in some respects, basically a The U.S. consumers continue to rity Act of 2009. But, my colleagues, it cover-up. That’s right, the Justice De- spend $400 billion, that’s billion with a imposes a massive national energy tax partment will not allow career FBI and B, a year in the Middle East and Ven- on every single American, especially other government officials, who under- ezuela every time we fill up our gas those who are low income and elderly stand the issue, to come to the Con- tanks. Fortunately, Democrats in this individuals. gress to tell the Congress who these Congress are working to fix this dec- Now, if reducing carbon dioxide, cre- people are and what information has ade-old problem. ating jobs and promoting domestic en- been prepared. President Obama and the House ergy sources were truly their objective, During his appearance before the Democrats have a plan that gets the then nuclear energy should be a central Commerce-Justice-Science Appropria- economy moving again, retooling man- component, you would think, of this tions Subcommittee, the Attorney ufacturing plants, building wind tur- legislation. But it is not. General promised he would not play bine solar panels and clean cars and Nuclear power already provides the ‘‘hide and seek.’’ Now he is hiding. He creating a smart grid, finally investing United States with over 20 percent of is hiding and keeping information from in energy-efficient jobs that can’t be its electricity, and 73 percent of its the Congress, and, more importantly, shipped overseas. CO2-free electricity. When it comes to because the Congress doesn’t appear to The Democratic plan is simple. It affordable, near-term reductions of CO2 be doing anything about this, keeping makes polluters pay and helps clean and other atmospheric emissions, the the information from the American companies prosper so that they can importance of nuclear energy cannot people. hire more workers and we all know be overstated. All information, Mr. Speaker, about that that’s what we need. It’s the same Like wind and solar energy, nuclear the capture and the detention of the American solution we put in place to energy is emission free, which means detainees should be declassified, in- successfully fight the acid rain in 1990, CO2 free. However, unlike wind and cluding a threat assessment for each after which time electricity rates fell solar, nuclear energy can provide vast detainee who would be released into 10 percent and the U.S. economy added amounts of power on a constant basis. the U.S. The American people need to 16 million new jobs. Wind and solar certainly have a role to

VerDate Nov 24 2008 23:33 May 05, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.004 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5101 play in America’s energy mix, but in So, my colleagues, the priorities we Overton. He was shocked, just like order to obtain clean, CO2-free energy, need to establish require a major re- thousands of citizens who have found it seems that such a major piece of leg- structuring effort from Congress and themselves in similar positions. islation should address the regulatory the administration that emphasizes ‘‘Fortunately for Overton and other and policy issues that obstruct new nu- market-based reforms that ensure consumers, their outcry was loud clear energy power from being devel- long-term regulatory stability and pol- enough for Congress to pay attention. oped in the United States. icy predictability. Most importantly, Last week, the House of Representa- But what makes nuclear energy po- these reforms can be done without ad- tives approved the Credit Cardholders’ tentially transformational is its simple ditional cost to the taxpayers. Bill of Rights, which would prohibit versatility. Today, the Nation pri- Without such an effort, the billions sudden and retroactive rate hikes.’’ marily uses nuclear energy for elec- of dollars of private capital needed to Then the editorial goes on to say tricity generation. Electric power pro- expand America’s nuclear capacity will later that this bill is good, we need to duction amounts for roughly 40 percent simply not be invested. These private do more, and that ‘‘Congress needs to of America’s total energy production. investments will ultimately be what is carefully examine how credit card com- Nuclear accounts for 20 percent of elec- needed for the Nation to achieve real panies conduct business, the kinds of tricity here in the United States. But reductions in CO2 emissions and create interest rates they charge and what clean, affordable nuclear power can a new, clean energy economy. other schemes are being practiced that also be used to produce energy for in- f hurt customers. Overton says he prob- dustrial applications, and even for ably could have gotten a better deal transportation, which accounts for 21 STRICTER OVERSIGHT OF CREDIT from the Mafia than from his credit percent and 29 percent of U.S. energy CARD ISSUERS card company. It does appear that consumption, respectively. The SPEAKER pro tempore. The some companies are shaking down cus- For example, some reactor types Chair recognizes the gentleman from tomers as the economy worsens.’’ could be used in the chemical industry New York (Mr. MAFFEI) for 5 minutes. Mr. Speaker, I will include the full for plastics production and for refinery Mr. MAFFEI. Mr. Speaker, last week, editorial for the RECORD. operations, all of which use vast the House passed the Credit Card- The point is this: We cannot any amounts of carbon-based energy to holders’ Bill of Rights with an over- longer allow these kind of practices to produce heat which is necessary for whelming bipartisan vote. This week occur. The model that makes this their industrial activities. Nuclear en- the House will take up anti-predatory occur is the fact that at one point in ergy could also be used to produce syn- lending and mortgage fraud legislation. our country, all lending, including thetic fuels that could run America’s These bills are the next step as we credit card lending, was based on the cars. While these technologies are not work to rebuild our economy in a way fair principle that a bank or other in- commercially viable today, they are that is fair and consistent with our val- stitution would lend out money and the types of things that could be pos- ues. then would make money on the inter- sible, if the Federal Government would The Mortgage Reform and Anti-Pred- est and then the principal would be develop a regulatory and policy struc- atory Lending Act of 2009 will curb paid back. ture that was more conducive to abuse in predatory lending, a major But these credit card companies have growth in the nuclear energy industry. factor in the Nation’s highest home now targeted people that cannot afford Nuclear energy is also a jobs creator. foreclosure rate in 25 years. The bill to pay back that principal and instead According to The Nuclear Energy Insti- would outlaw many of the most egre- continue to get higher and higher fees. tute, the nuclear industry has created gious industry practices that have Yet they are too responsible, like Rev- more than 15,000 jobs in recent years, marked the subprime lending boom, erend Overton, to run away. He is not all without even beginning construc- and it would prevent borrowers from going to go anywhere. That church is tion on a new nuclear power plant. deliberately misstating their incomes not going to go anywhere. So there is These include jobs in the sciences, to qualify for a loan. no excuse to raise those rates and to manufacturing and construction sec- But I would also like to get back to have those fees, except that the com- tors that private investors have cre- the Credit Cardholders’ Bill of Rights, pany wants to make more money. ated as they prepare to meet future because that is such an important My concern, the concern of my news- construction demand. Once construc- piece of legislation. As I mentioned, it paper at home and the concern of many tion begins, up to 2,000 workers will be passed 357–70 in this body, and I do urge of us, is that these credit card compa- required to build each new plant and that the other body take up this legis- nies, before this bill fully takes effect, approximately 600 will be needed to op- lation as rapidly as possible. before the Senate is able to pass it, will erate it. The Credit Cardholders’ Bill of take advantage of this all the more. The energy bill being developed fo- Rights has had such broad bipartisan But to them, Mr. Speaker, to them I cuses too much on the process of en- support because these credit card have a clear message, and that is we ergy production, rather than on the issuers and companies have benefited have got our eyes on you and you product itself. For example, it creates from an uneven playing field for so shouldn’t try it, because if you do, we a renewable energy standard that man- long. Regular people across the coun- are going to put this into effect much, dates only certain types of limited entry and across my district have been much earlier, as our Chairman BARNEY ergy production, such as wind and victimized by these unfair and abusive FRANK has said. solar. This approach artificially elimi- practices, and Congress has now finally I do not believe that you should have nates energy sources, including those heard their stories. One of their stories a lawyer to get a credit card. We have that have not even yet been invented. was featured today in an editorial in lawyers to get a new house, often when If CO2 reduction is truly the objec- the Syracuse Post-Standard, my home- you have a house closing. But when it tive, then maximizing America’s nu- town newspaper. comes time to get a credit card, you clear resources should be a top pri- ‘‘Temple Baptist Church in shouldn’t need a lawyer. These 30 page ority. In fact, as Secretary of Energy Baldwinsville is the kind of customer contracts, frankly, that people don’t Chu testified at one of our hearings, that credit card companies used to re- read, but I tell you, if you did read nuclear energy should be part of this ward with lower interest rates, not them, there is only a couple of sen- legislation. France uses nuclear energy higher ones. The church paid its credit tences that matter. Those are the sen- to produce almost 80 percent of the card bill on time and always paid at tences that say the credit card issuer electricity they have, and also they least the minimum due. can do everything and the consumer have developed methods to reprocess ‘‘But without explanation, Advanta can do nothing. This has to end. This the waste. In fact, they have been so Bank raised the church’s interest rate practice has to end. We must assure successful that almost all of the waste from 18 percent to a whopping 36.9 per- fairness, and that means getting the product has been reprocessed. Japan cent. The higher rate had already been Senate to pass a strong credit card- and Canada have also successfully de- applied to $8,000 in new purchases, ac- holders’ bill of rights, and in both veloped nuclear energy. cording to the Reverend Aaron Houses and down the street at the

VerDate Nov 24 2008 23:33 May 05, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.009 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5102 CONGRESSIONAL RECORD — HOUSE May 5, 2009 White House we have to keep an eye on California (Mr. DANIEL E. LUNGREN) for Today, as we deal with difficult this industry and make sure they don’t 5 minutes. issues, it would do us good to remem- take advantage of the customers fur- Mr. DANIEL E. LUNGREN of Cali- ber Jack; not as someone of the past, ther during this recession. fornia. Mr. Speaker, I rise today in not as someone who made great con- Mr. Speaker, I include the editorial tribute to a good and great friend who tributions to this country in his life, from the Syracuse Post-Standard for was also a great American leader that but someone whose spirit remains and the RECORD. we lost this last weekend, Jack Kemp. whose example should be an example to BAD CREDIT Jack Kemp was not only an inspira- us all. Temple Baptist Church in Baldwinsville is tion to many, but he is a model for We dealt with difficult issues when the kind of customer that credit card compa- those of us who serve in this House. he was here in the House; the Contras, nies used to reward with lower interest rates Through the years, his searching intel- Soviet Jewry, the Cold War, the march not higher ones. The church paid its credit lect, his impressive leadership ability, of communism, high taxes, difficult in- card bill on time and always paid at least the his buoyant personality, and, yes, his flation, questions about where we were minimum due. dedication to his family, was some- going. And Jack dealt with all of those But without explanation, Advanta Bank thing to inspire all of us who had the raised the church’s interest rate from 18 per- issues. But he dealt with those issues opportunity to know him and those of not only with a smile, but with a clar- cent to a whopping 36.9 percent. The higher us who were able to call him friend. rate had already been applied to $8,000 in new ity of vision and an approach that in- I remember that he told me one time purchases, according to the Rev. Aaron vited people to sit down and debate Overton. that as busy as he was, he always used with emotion, but with civility. He was shocked just like thousands of citi- to take the time to try and give some zens who have found themselves in similar inspiration to his children, and at b 1100 positions. times he would write a little note to There could be no better example for Fortunately for Overton and other con- them and put it under their pillow, and us today. The incandescence of his per- sumers, their outcry was loud enough for oftentimes it would say these simple sonality, the generosity of his spirit, Congress to pay attention. Last week, the words: ‘‘Be a leader.’’ I copied that the genuineness of his friendship, I House of Representatives approved the from Jack, and I would remind my ‘‘Credit Card Holders’ Bill of Rights,’’ which thank God for all of those things. And would prohibit sudden and retroactive rate children before they would go to bed to I think today as we deal with these dif- hikes. think of themselves as leaders, not just ficult issues, rather than just to have a The Senate is expected to pass similar leg- followers. tip of the hat to people like Jack islation, according to Sen. Charles Schumer, Jack had that kind of effect on peo- Kemp, we ought to say, your inspira- D–N.Y., who said the Senate bill would con- ple. I was speaking to another Member tion, your leadership and your example tain ‘‘important protections for consumers of Congress recently and I said, when will continue to burn brightly in the and is a giant step forward for anyone who you think of Jack Kemp, you imme- hearts of Members of this body and we uses a credit card.’’ diately have a smile on your lips be- Let’s hope so. shall always remember your belief in The credit card companies have been al- cause of that buoyant personality, that the goodness of America and the good- lowed to ride roughshod over their cus- ultimate sense of fairness. ness of its people. Today, we talk about athletes having tomers, employing jaw-dropping practices in God bless you, friend. a nation that supposedly operates by fair and a swagger. Jack didn’t walk with a transparent financial rules. swagger. He walked with the grace of f In fact, Congress needs to go farther than an athlete. And there was a certain AMERICAN RECOVERY AND REIN- the House did in its bill. graciousness about him as he ap- VESTMENT ACT PLAYS CRITICAL As Rev. Overton pointed out, credit card proached anybody on this floor. Demo- ROLE IN VIRGINIA’S 11TH DIS- companies should be made to refund the crat, Republican; liberal, conservative; TRICT money they received from the outrageous white, black, Hispanic, it didn’t mat- fees. The SPEAKER pro tempore. The State Attorney General Andrew Cuomo ter. Jack treated you all the same. Chair recognizes the gentleman from Jack genuinely believed that there was able to work out such a deal recently Virginia (Mr. CONNOLLY) for 5 minutes. was goodness in everybody, and even with JP Morgan Chase & Co. It refunded $4.4 Mr. CONNOLLY of Virginia. Thank million to 184,000 cardholders Cuomo said when disappointed he would still come you, Mr. Speaker. were wrongly charged a monthly $10 fee. back to that fundamental thought of Most of the regulations in the Credit Card his that if you could reach just a little And before I begin my remarks on a Holders’ Bill of Rights will not take effect bit deeper, if you talked to someone different subject, I want to thank my until next year. But Rep. Dan Maffei, D– just a little bit longer, if you fought a colleague from California for his re- DeWitt, and Rep. Carolyn Maloney, D–Man- little bit harder, maybe you could find marks about our departed colleague, hattan, sponsored an amendment that would Mr. Kemp. I think it is important that ensure that one crucial provision takes ef- agreement and maybe we could move this country forward. all of us remember his sense of defect within 90 days of signing that companies cency, civility and collegiality, some- give customers 45 days notice before raising It was a great experience being one of rates. Jack’s friends. I often thought that thing we need to remind ourselves of in Maffei says the House bill is just the begin- there might be someone out there who this body today. ning of stricter oversight of credit card doesn’t like Jack Kemp, but I don’t Mr. Speaker, we know that the Re- issuers. As a member of the House Financial think there was a single person that covery Act will save or create 3.5 mil- Services Committee, he says he has heard Jack disliked. And that could be irri- lion jobs across the country, but today complaints about credit company practices tating at times when he was an ally of I rise to highlight one of many impor- throughout his district. He plans to hold yours and you were dealing with a dif- tant instances where the American Re- hearings in Syracuse this summer. covery and Reinvestment Act of 2009 That’s good. Congress needs to carefully ficult issue, and you would say, Jack, examine how credit card companies conduct don’t you hear what they are saying? plays a direct and critical role in my business, the kinds of interest rates they Doesn’t it get you irritated? And he own district, the 11th District of Vir- charge and what other schemes are being would give you that half crooked smile ginia. practiced that hurt consumers. and have that raspy chuckle, and he It is important every so often to take Overton says he probably could have got- would just keep on going. a step back from the macro view and ten a better deal from the Mafia than from I remember when I was with him, as look at the Recovery Act’s positive im- his credit card company. It does appear that were several other Members in the pact on the local economy. I want to some companies are shaking down customers as the economy worsens. House, I believe it was over in the Can- point out the Act’s impact on the Lawmakers must put an end to such prac- non Caucus Room, when Jack an- Greater Prince William Community tices immediately. nounced his candidacy for President in Health Center and the thousands of f 1988. At the end he said something to people the center employs and serves in this effect. He said, ‘‘While I am leav- northern Virginia. This nonprofit facil- TRIBUTE TO JACK KEMP ing the House, I will always be a man ity provides a wide variety of afford- The SPEAKER pro tempore. The of the House.’’ And I believe he was, able health care services to the unin- Chair recognizes the gentleman from until the day he died. sured and the underinsured on a sliding

VerDate Nov 24 2008 23:33 May 05, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.006 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5103 fee-based scale as well as those with also met Connie, who told me about Mexico. Grant peace and security both health insurance. The health center is her father’s debilitating diabetes and now and forever. Amen. the primary caregiver for over 4,000 pa- how financial constraints placed his f tients annually, with nearly 32,000 pa- life in jeopardy. Connie heard about THE JOURNAL tient visits each year. It provides the center, brought her father there, school physicals, internal and family and today he is on insulin with a much The SPEAKER pro tempore. The medicine, physical exams, disease improved quality of life. Chair has examined the Journal of the screening, laboratory work and phar- Thanks to the Recovery and Rein- last day’s proceedings and announces maceutical assistance. It treats diabe- vestment Act, the hardworking staff at to the House his approval thereof. tes, hypertension, asthma, respiratory the Greater Prince William Commu- Pursuant to clause 1, rule I, the Jour- infections and so many other medical nity Health Center will continue to fill nal stands approved. conditions. Without this health center a critical need in my district in Vir- f in Prince William County, many of the ginia. This is only one of thousands of PLEDGE OF ALLEGIANCE facility’s patients would be forced to examples around our country of the The SPEAKER pro tempore. Will the use hospital emergency rooms for their Recovery Act at work, saving jobs and gentlewoman from Arizona (Mrs. KIRK- primary care which cost all of us about frankly saving lives. $6 billion a year, or they receive no PATRICK) come forward and lead the Mr. Speaker, the Greater Prince Wil- House in the Pledge of Allegiance. care at all. liam Community Health Center is not Mr. Speaker, in the weeks before the Mrs. KIRKPATRICK of Arizona led unique. Throughout America, the Re- the Pledge of Allegiance as follows: $1.1 million grant for the Greater covery Act is having a positive impact Prince William Community Health I pledge allegiance to the Flag of the on the lives of millions of Americans. United States of America, and to the Repub- Center which was announced on March While no one solution will cure the re- lic for which it stands, one nation under God, 2 as part of the stimulus funding, the cession overnight, the Recovery and indivisible, with liberty and justice for all. center’s management was actually pre- Reinvestment Act is one piece of the f paring for an orderly and permanent mosaic of actions this Congress has un- THE MORTGAGE REFORM AND shutdown of this vital facility. The dertaken to restore our Nation’s eco- ANTI-PREDATORY LENDING ACT economic crisis increased demand for nomic health, protect the well-being of OF 2009 health care services and local funding the American people, and make sure sources had frankly dried up. Nonethe- that our economy gets moving again. (Ms. LORETTA SANCHEZ of Cali- less, the dedicated staff of health care fornia asked and was given permission professionals continued to do their jobs f to address the House for 1 minute and and continued to provide quality RECESS to revise and extend her remarks.) health care to the center’s patients, The SPEAKER pro tempore. Pursu- Ms. LORETTA SANCHEZ of Cali- fornia. Mr. Speaker, this week I am even though they were not always cer- ant to clause 12(a) of rule I, the Chair proud that the House of Representa- tain they would ever receive a pay- declares the House in recess until noon tives will be voting on H.R. 1728, the check. The health center management today. Mortgage Reform and Anti-Predatory desperately sought private and public Accordingly (at 11 o’clock and 5 min- funding to keep the center going, but Lending Act of 2009. utes a.m.), the House stood in recess This legislation will make critical re- the same economic crisis that was driv- until noon. ing more patients to the health center forms to end the abusive and predatory was also taking its toll on this non- f lending practices that have left so profit provider. At a time when the b 1200 many Americans facing foreclosure. health center was anticipating a dou- In my district in Orange County, AFTER RECESS bling of patients in need of its services, California, we have seen the results of the future looked bleak. It’s hard to de- The recess having expired, the House abusive and predatory lending too fre- scribe the sense of relief I heard when was called to order by the Speaker pro quently as foreclosures have weakened I contacted the center’s management tempore (Mr. BLUMENAUER) at noon. our neighborhoods and our communities, and it has forced many of our to inform them that the Recovery Act f had provided a new lease on life. people out of their homes. Most of Thanks to the Recovery Act, this out- PRAYER these foreclosures are the result of standing community resource will not The Chaplain, the Reverend Daniel P. ‘‘toxic loans’’ that were issued by sev- become another unfortunate casualty Coughlin, offered the following prayer: eral subprime lenders in Orange Coun- of the recession but instead will con- Good and gracious, Lord our God, ty, California. For that reason, I am particularly tinue to provide much-needed cost-effi- today across this Nation, many cele- pleased that H.R. 1728 will ensure that cient health care to low- and moderate- brate Cinco de Mayo, marking the lenders make loans that benefit the struggle of the Mexican people for free- income individuals and families. And consumer and prohibit lenders from dom and independence. because of this vote of confidence and steering borrowers into higher-cost We bless You and praise You, Lord, this investment, they’ve been able to loans. attract additional investment as well, because these various devotions and In addition, the legislation will es- ensuring their future. festivities remind all of us of the large tablish a simple standard that all insti- I recently toured the Greater Prince part immigration has played in the for- tutions offering home loans must en- William Community Health Center and mation of this great country with di- sure so that borrowers can actually had the opportunity to spend time with verse cultural and ethnic backgrounds. repay the loans they receive. care providers and several patients. I Mexican Americans, as so many be- I am very pleased that we will be met with William, a construction fore them, Lord, have shared their rich considering this bill, which addresses worker recently laid off due to the eco- heritage with others while they have the reckless lending and lack of over- nomic downturn. He injured his back sought health, safety, and education sight, and I urge my colleagues to sup- on the job but after being laid off had for their children as well as political port it. no insurance to seek treatment for his and cultural recognition. f constant, chronic pain. Thanks to the Bless their deeply felt family values health center in Prince William Coun- and religious convictions. We pray al- CALIFORNIA WATER ty, he was able to see a doctor, received ways for a greater integration into (Mr. CALVERT asked and was given initial care, and was referred to the American life where all live free from permission to address the House for 1 University of Virginia Medical Center fear, segregation and prejudice. minute.) for back surgery. In time, thanks to We ask Our Lady of Guadeloupe to Mr. CALVERT. Mr. Speaker, I rise the center, William will recover, be join us in our prayer for Your blessing today because California is in the mid- able to return to work, and live a pro- upon all Hispanic Americans and espe- dle of a water crisis. California’s cur- ductive and hopefully pain-free life. I cially upon our neighboring country of rent drought is not like other droughts

VerDate Nov 24 2008 23:33 May 05, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.008 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5104 CONGRESSIONAL RECORD — HOUSE May 5, 2009 because California is suffering from a During his tenure, since 2002, at Mt. nology and expand their operations. In devastating combination of a natural Vernon, Mr. Jackson introduced honors 2005, more than 70 percent of R&D tax dry spell and a federally imposed dry and advanced placement courses, ex- credit dollars nationwide went toward spell. panded the sports program to 31 teams, wages for highly skilled jobs. In December 2007, a Federal judge or- and fostered varied activities including Since 1981, however, Congress has ex- dered restrictions on water project op- a debate team and the Fellowship for tended the credit 12 times with exten- erations in the delta to help protect Christian Athletes. He oversaw the es- sions as short as just 6 months. Retro- threatened species, the delta smelt. tablishment of a new Upper School to active extensions leave companies in The negative impact has been extraor- serve 9th through 12th grade students uncertain circumstances for long peri- dinary. The restrictions have resulted and a 30-acre expansion of the campus. ods of time beyond the expiration date. in the loss of nearly one-third of the In his faithful commitment to the This is why I have introduced bipar- supply that 25 million Californians de- values of Christian education, Mr. tisan legislation with Mr. BOCCIERI of pend on from delta operations. Farm- Jackson has been a role model for Ohio that would make the R&D tax land throughout California’s Central teachers, administrators, community credit permanent. Unlike other pro- Valley is going fallow while farmers leaders, but especially students. And posals to make the R&D tax credit per- struggle to find work. In Southern now he will further his positive influ- manent, H.R. 1545 would also offer a California economic growth is being ence as the executive director of the bonus tax credit for companies who thwarted because any new construction Georgia Independent School Associa- manufacture their products in the is jeopardized by a lack of proven water tion. United States. supply. Mr. Speaker, our community and this We shouldn’t wait to make the R&D There is no evidence that the feder- Congress commend Jeff Jackson for his tax credit permanent. We should act ally imposed pumping restrictions have continuing and exemplary service and now to sustain the manufacturing base benefited the delta smelt. If this Con- extend to him our very best wishes in that is so critical to this country’s fu- gress is going to continue to give Fed- his new role. ture. eral agencies the authority to take actions that kill jobs and harm our econ- f f PREDATORY LENDING omy for the benefit of a species, then ENERGY the American people deserve clear evi- (Mr. KAGEN asked and was given (Mr. COSTA asked and was given per- dence that these actions benefit the permission to address the House for 1 mission to address the House for 1 species. minute and to revise and extend his re- minute and to revise and extend his re- f marks.) marks.) Mr. KAGEN. Mr. Speaker, to put our RECOGNIZING AND CONGRATU- Mr. COSTA. Mr. Speaker, I rise today Nation on the road to recovery, we LATING THE PINAL COUNTY in support of the American Conserva- have to do several things: First, we SHERIFF’S DEPARTMENT FOR tion and Clean Energy Independence have to begin to clean up the economic FIGHTING BACK AGAINST THE Act of 2009, a bipartisan piece of legis- mess that we have inherited after the DRUG CARTELS lation that extends our efforts from past 8 years. Secondly, we have to re- (Mrs. KIRKPATRICK of Arizona last Congress, the 110th Congress, with write our laws to guarantee that every- asked and was given permission to ad- Congressmembers MURPHY, WALZ, one has a fair shake and a fair oppor- dress the House for 1 minute.) CAPITO, WILSON, ABERCROMBIE, myself, tunity to make it in today’s economy. Mrs. KIRKPATRICK of Arizona. Mr. and many others. And together we will. Speaker, several weeks ago a deputy This legislation is to develop a new Last week I was very proud to stand with the Pinal County Sheriff’s Office policy that is comprehensive in nature here and vote for the Credit Card- noted a speeding van and observed like- that will, one, reduce our dependency holder’s Bill of Rights, and today I rise ly packages of marijuana through the on foreign sources of energy and, two, in favor of the Mortgage and Anti- window. After a brief car chase, the develop the robust renewable portfolio Predatory Lending Act. This bill would deputy was able to secure the van and that Americans want to see. This effort help end the predatory lending that is found 476 pounds of marijuana. This is common sense. It’s PAYGO neutral. a major factor in the many, far too successful bust is yet more evidence It would enhance our path toward en- many, home foreclosures now taking that our local law enforcement is play- ergy reduction of our dependency on ing a vital role in fighting back against place. The bill would prohibit lenders from foreign sources and improve our na- the drug cartels. tional security. I congratulate Sheriff Babeu and the steering their customers into higher- cost loans, would ensure that bor- I’m a firm believer that we have to entire Pinal County Sheriff’s Depart- use all the energy tools in our energy ment for this seizure, which will keep rowers actually have the ability to pay back the money that they are taking toolbox. This legislation does just that. drugs out of our community. In the near term, 1 to 10 years, choos- Our local law enforcement in Arizona out, and would establish a simple standard for all home loans. ing oil and gas and nuclear. In the in- deserve recognition for a job well done. termediate, 10 to 20 years, building a With more resources, they do even I believe we have to work hard for people everywhere to guarantee that robust, renewable portfolio that will more to protect our borders and keep give Americans an energy policy that our communities safe. they can make it and keep their heads above water. Let’s pass the Mortgage we believe our Nation deserves. f and Anti-Predatory Lending Act and f RECOGNIZING MR. JEFF JACKSON build a better future for everyone. CAP-AND-TRADE EXEMPTIONS (Mr. PRICE of Georgia asked and was f given permission to address the House (Mr. PITTS asked and was given per- MAKE R&D TAX CREDIT for 1 minute.) mission to address the House for 1 Mr. PRICE of Georgia. Mr. Speaker, PERMANENT minute and to revise and extend his re- it’s with great pride that I rise to rec- (Mr. LEE of New York asked and was marks.) ognize Mr. Jeffrey Walter Jackson of given permission to address the House Mr. PITTS. Mr. Speaker, in the past, the Sixth District of Georgia upon his for 1 minute.) my colleagues on the other side of the retirement as Head of School for the Mr. LEE of New York. Mr. Speaker, aisle railed against the Bush adminis- Mount Vernon Presbyterian School in yesterday the President announced tax tration for an energy policy they say Sandy Springs, Georgia. reforms that would pave the way for was written by energy lobbyists and re- Jeff Jackson has been a dedicated making the research and development warded oil and gas industry companies. and visionary leader. He challenges tax credit permanent. Now that they control both the Con- himself and all around him to dream R&D is the lifeblood of our economy, gress and the White House, that type of big dreams, work diligently on positive and this tax credit provides companies behavior which they railed against now goals, and inspires a servant’s heart. with an incentive to invest in tech- seems to be acceptable.

VerDate Nov 24 2008 03:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.010 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5105 The cap-and-trade legislation being mortality rate. Many of the injured are These numbers indicate a shift to- considered in the Energy and Com- alive today because of Captain Greene ward, not away from, some of the core merce Committee is based on a blue- and the other 59,000 wonderful women principles of the Republican Party. But print of a plan put forward by a coali- that volunteered to face the enemy in you won’t see much in the media about tion of outside groups called USCAP. faraway lands. Pew’s survey. It doesn’t support their USCAP claims to favor government Mr. Speaker, at 91, Captain Greene liberal leanings. regulation of greenhouse gasses; yet, still talks about her service to our f one of the leading members of the country with deep patriotism and fer- CURB ABUSIVE AND PREDATORY group will receive a generous exemp- vor. She is an amazing lady warrior. LENDING tion in the legislation to build new coal Today I am proud to know Captain power plants without the onerous re- Frances Greene. We should honor her (Mr. ELLISON asked and was given strictions that will prevent others from and all the women that served in the permission to address the House for 1 building. great World War II. They defended our minute and to revise and extend his re- The majority are allowing industry country with their valor and helped marks.) members to write legislation that ben- bring our wounded home to America Mr. ELLISON. Mr. Speaker, I rise efits them in exchange for supporting when it was over, over there. today in support of long overdue legis- their cap-and-tax plan that will raise And that’s just the way it is. lation to crack down on predatory energy prices for all Americans. That f mortgage lending. This week the House will consider legislation to curb abu- is hypocritical and it’s unethical. MORTGAGE REFORM IS NEEDED sive and predatory lending, a major f (Ms. HIRONO asked and was given factor in the Nation’s highest home ENERGY/BUDGET permission to address the House for 1 foreclosure rate in 25 years and the pre- minute.) cursor to the greatest economic down- (Mr. HIMES asked and was given per- Ms. HIRONO. Mr. Speaker, Hawaii turn since the Great Depression. mission to address the House for 1 has some of the least-affordable hous- The Mortgage Reform and Anti-Pred- minute.) ing in the country. Many of my con- atory Lending Act of 2009 prohibits Mr. HIMES. Mr. Speaker, the passage stituents have more than one job just lenders from steering borrowers to of the American Recovery Act made a to make enough to put food on the higher-cost loans and protects tenants down payment on a new clean energy table and pay their bills. Others have who rent homes that go into fore- economy, with $39 billion worth of in- lost jobs due to the bad economy and closure. vestment in smart grid technology, en- the downturn in tourism. Mr. Speaker, the situation we find ergy efficiency, and our renewable en- Families are struggling to stay in ourselves in did not happen overnight, ergy sector, all of which will lower en- their homes. In Hawaii, foreclosures but there is a new day dawning in ergy costs and create good-paying, per- are up 500 percent from a year ago, and America with this new President and manent American jobs. one in 29 homes with high-cost loans this new Congress. By passing this leg- Congress must match this reform and are likely to go into foreclosure. islation, we will mark one more step this investment with meaningful in- Forestalling foreclosure is often an toward restoring economic prosperity vestments in our fiscal year 2010 budg- exercise in frustration for homeowners. to all Americans by protecting con- et. Some people in Hawaii are 2 or 3 sumers, as we did last week with the To my friends on the other side of months behind in their mortgages and credit card bill, and from the many vile the aisle, let me say that I fiercely de- are spending hours trying to reach out- and unscrupulous practices that have fend the power of the free market. But of-state lenders in a different time zone directly contributed to the mortgage for decades the energy markets have to get their loans modified. To make crisis. increased our reliance on foreign oil, matters worse, lenders tell them that f quashed American innovation, and their paperwork is lost and slap them eroded our national security. It is with fees and penalties. OPPOSE RELEASE OF UYGHURS time, way past time, for us as elected We recently passed H.R. 1106 to help (Mr. WOLF asked and was given per- representatives to lead and take those families like these restructure or refi- mission to address the House for 1 steps necessary in this budget to finance their mortgages. We also need to minute and to revise and extend his re- nally move our energy sector to a clean pass H.R. 1728 to support counseling ef- marks.) American sustainable economy. forts, provide foreclosure prevention Mr. WOLF. Mr. Speaker, I rise in firm opposition to any decision by the f assistance and strengthen loan standards. Attorney General to release the b 1215 f trained terrorists known as Uyghurs from Guantanamo Bay into the neigh- CAPTAIN FRANCES GREENE—LADY MEDIA IGNORES GOOD NEWS FOR borhoods, that’s right, in American WARRIOR GOP neighborhoods. I believe this would be (Mr. POE of Texas asked and was (Mr. SMITH of Texas asked and was a terrible decision that can needlessly given permission to address the House given permission to address the House endanger American citizens. for 1 minute.) for 1 minute and to revise and extend If Eric Holder proceeds down this Mr. POE of Texas. Mr. Speaker, his remarks.) dangerous road, he has an obligation, Frances Greene, charter member of the Mr. SMITH of Texas. Mr. Speaker, an obligation, to the American people Greatest Generation from Beaumont, with a newly elected Democratic Presi- to release all of the information about Texas, joined the United States Army dent, and a Senator recently switching the capture, detention, and threat in 1941, even before Pearl Harbor. to become a Democrat, the national posed by each detainee. If the Attorney When World War II started, it saw media have tried to imply that Ameri- General believes these trained terror- the Army Nurse Corps on the front cans have moved away from the Repub- ists pose no threat, then why not re- lines of battle. Captain Greene was sta- lican Party’s values and priorities. lease all of this information to the tioned overseas in the hot South Pa- But the facts tell a different story. A Congress and, more importantly than cific. And she clearly remembers her new poll by the Pew Research Center even to the Congress, to the American unit being bombed daily by Japanese shows Americans are, in fact, taking a people. planes. conservative turn on issues like abor- Also, Mr. Speaker, why will the At- The 23-year-old nurse faced the war tion and second amendment rights. The torney General not allow career people head on, and nurses like her were re- number of people who support legalized in the FBI, DHS and CIA to come up sponsible for saving the lives of Amer- abortion has dropped to its lowest and brief the Congress? It’s time for ican soldiers and marines that caught point ever, and the number of people Eric Holder to make a decision to re- the brunt end of battle. Because of who say it is important to protect gun lease this information. These trained these special saviors of soldiers, World owners’ rights increased to its highest terrorists should not be released into War II had a record low post-injury point ever. American neighborhoods.

VerDate Nov 24 2008 23:33 May 05, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.012 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5106 CONGRESSIONAL RECORD — HOUSE May 5, 2009 HONORING MARK HEBERT lending industry must be transparent This week Congress will also vote on (Mr. YARMUTH asked and was given and accountable to our seniors, minor- legislation to create an outside com- permission to address the House for 1 ity borrowers, and all consumers. mission to investigate the causes of the minute.) Mr. Speaker, I urge my colleagues to current financial and economic crises Mr. YARMUTH. Mr. Speaker, I rise support H.R. 1728 and additional rein the United States. to pay tribute to an old-fashioned forms to stop mortgage fraud and pred- f atory lending. newsman who delivered critical infor- LOOK INTO CAUSES OF ECONOMIC mation to the viewers of WHAS–TV in f MORASS Louisville for the last 22 years. This EDUCATION FOR 21ST-CENTURY (Mr. COHEN asked and was given per- weekend he retired his microphone and VETERANS mission to address the House for 1 camera to work for the University of (Mrs. DAHLKEMPER asked and was minute.) Louisville, and his reporting will be given permission to address the House Mr. COHEN. Mr. Speaker, as Con- greatly missed. for 1 minute.) gresswoman WATSON was saying, we As a former journalist who moved on Mrs. DAHLKEMPER. Mr. Speaker, I will vote this week on the Fraud En- to another field myself, I can hardly rise today on behalf of the brave men forcement and Recovery Act. That act begrudge him the change, but I can’t and women who have served their will do several things, one of which will help but mourn the void it leaves. At a country in uniform, many of them in set up a commission to look into the time when news is adapted to sound Iraq and Afghanistan. causes of the economic morass that we bites palatable to texters and We owe our veterans a debt of grati- are presently experiencing. twitterers, Mark was never content tude for putting their lives on the line Congress did that in the Great De- with what he found on the surface. for our country. However, I believe pression, and it led to the reforms that Time and again, he peeled that prover- that we must show our gratitude, not kept this country safe for a long time. bial onion until someone cried. only with our words, but with our ac- Then we fell to the arguments that I am proud to call Mark my friend tions. were made, starting with the Reagan and proud, too, that my former news- That is why I am pleased that all eli- administration, about the free market paper, LEO Weekly, has named him gible veterans can now take advantage and the free market which took us Louisville’s best journalist. But if the of the 21st-Century GI Bill. Any mem- where we are today. accolades and friendship had an effect ber of the military who has served on The free market, unfettered, has on him personally, you would never active duty since September 11, 2001, caused this problem. But a study needs have known it professionally. I found can receive up to 4 years of college tui- to be taken by the Congress, and that’s myself the subject of his scrutiny on tion, including money for housing and what that bill would do. more than one occasion. We would call books. Eligible veterans include acti- It would also expand the abilities of the stories positive at times and nega- vated Reservist and members of the several State governments and non- tive at others, but the words that al- National Guard. And as of last Friday, profits to look into fraud and extend ways showed up were thorough, intel- they can apply online at the VA’s Web Federal fraud statutes to the TARP ligent, and fair. site. and to the Recovery and Reinvestment The loss for WHAS and local media is This new GI Bill will open up doors Act. People who fraudulently steal the university’s gain, but our entire for thousands of veterans throughout from the government or steal these community is better for his 22 years of western Pennsylvania and across the funds are engaging in as un-American reporting and the high standard of country, and I encourage all our vet- an activity as anybody could do short journalism set by Mark Hebert. erans to go online immediately to take of espionage. f advantage of the benefits they have I endorse the Fraud Enforcement and earned. Recovery Act and hope that we could PREDATORY LENDING I offer my sincere gratitude to all have a commission to get to the bot- (Ms. EDWARDS of Maryland asked who have served our Nation, both our tom of what’s happened. This past and was given permission to address soldiers and their families. week, Mr. Speaker, I watched ‘‘Wall the House for 1 minute and to revise f Street,’’ the movie. It’s shameful and and extend her remarks.) it’s today’s world. BRINGING COMMONSENSE REFORM Ms. EDWARDS of Maryland. Mr. f Speaker, I rise today to address the AND CONSUMER PROTECTION TO staggering rate of mortgage fraud and OUR FINANCIAL SYSTEM INSULATION predatory lending in this Nation. (Ms. WATSON asked and was given (Mrs. HALVORSON asked and was As our country reels from the contin- permission to address the House for 1 given permission to address the House ued impact of the recession, it’s time minute and to revise and extend her re- for 1 minute.) to take action that will rebuild our marks.) Mrs. HALVORSON. Mr. Speaker, I economy in a way that’s fair and con- Ms. WATSON. Mr. Speaker, this rise today to bring light to a very im- sistent with our values. week the House takes up the anti-pred- portant but often overlooked industry Mr. Speaker, this week we will con- atory lending and mortgage fraud leg- that can play a huge role in improving sider H.R. 1728, the Mortgage Reform islation. These bills are the next step energy efficiency, both in our buildings and Anti-Predatory Lending Act. This as we work to rebuild our economy in and through greenhouse reductions on bill is an important step toward pre- a way that is fair and consistent with a wide-reaching scale: it’s mechanical venting the abusive and predatory our values. insulation. lending practices that have contributed The Mortgage Reform and Anti-Pred- Buildings are responsible for 40 per- to the highest home foreclosure rate in atory Lending Act of 2009 will curb cent of U.S. energy demand and 40 per- 25 years. abusive and predatory lending, a major cent of all greenhouse gas emissions. The bill will outlaw many of the factor in the Nation’s highest home Mechanical insulation, as it is used in egregious energy practices that mark foreclosure rate in 25 years. The bill mechanical piping and equipment for the subprime lending boom and bust. It would outlaw many of the egregious in- heating and air conditioning in indus- sets a Federal floor, enabling States dustry practices that marked the trial, commercial and other types of like my home State of Maryland to subprime lending boom and would pre- buildings, can reduce over 37 million better protect consumers. vent borrowers from deliberately mis- metric tons of greenhouse gas emis- Now, as we pick up the pieces in this stating their income to qualify for a sions. It can also generate more than recession, we must learn from our mis- loan. The bill will ensure that mort- $3.6 billion in industrial energy effi- takes, by strengthening regulations of gage lenders make loans that benefit ciency, saving and creating more than our financial system. It means that we the consumer and prohibit them from 27,000 jobs annually. must ensure that all consumers are steering borrowers into higher-cost Savings and benefits are swift and treated fairly and that the mortgage loans. can last for many years when properly

VerDate Nov 24 2008 23:33 May 05, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.013 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5107 implemented. As an advocate of energy New York, as the Geraldine Ferraro didate Walter Mondale to join the 1984 efficiency measures, I encourage others Post Office Building in honor of an ex- national ticket. Her historic nomina- to become more aware and utilize this ceptional public servant who has dedi- tion continues to stand as evidence industry in making new and existing cated over 30 years of life to serving that, as Ms. Ferraro proclaimed in her buildings and facilities more efficient. our country. acceptance address, ‘‘America is the f b 1230 land where dreams can come true for all of us.’’ ANNOUNCEMENT BY THE SPEAKER Introduced by my colleague, Rep- Following her remarkable Vice Presi- PRO TEMPORE resentative CAROLYN MALONEY of New dential run, Ms. Ferraro remained ac- York, on January 28, 2009, and reported The SPEAKER pro tempore. Pursu- tive in public and community service. out of the Oversight Committee on ant to clause 8 of rule XX, the Chair In 1993, she was appointed by President March 18, 2009, by unanimous consent, will postpone further proceedings Bill Clinton as Ambassador to the H.R. 774 enjoys the strong support of today on motions to suspend the rules United Nations Commission on Human the New York House delegation. on which a recorded vote or the yeas Rights. As noted by President Clinton, Born in the city of Newburgh, New and nays are ordered, or on which the Ms. Ferraro’s appointment came in rec- York, to her father Dominick, an vote incurs objection under clause 6 of ognition of her longstanding dedication Italian immigrant restaurant owner, rule XX. to international women’s rights issues. and her mother Antonetta, a first gen- Record votes on postponed questions Ms. Ferraro continues to serve the Na- eration Italian American seamstress, will be taken later. tion through a variety of public and Geraldine Ferraro stands as a living private sector efforts, specifically as a f testament to an often-cited passage widely regarded author and political GERALDINE FERRARO POST from her historic address to the 1984 commentator. She keeps the American OFFICE BUILDING Democratic convention: ‘‘America’s public well informed regarding issues history is about doors being opened, of public policy. Mr. LYNCH. Mr. Speaker, I move to doors of opportunity for everyone, no Through her nonprofit organizational suspend the rules and pass the bill matter who you are, as long as you are work, she continues her commitment (H.R. 774) to designate the facility of willing to earn it.’’ Ms. Ferraro spoke to creating educational and profes- the United States Postal Service lo- these words upon her introduction as sional opportunities for women, as well cated at 46–02 21st Street in Long Is- the first female and Italian American as addressing wage and training dis- land City, New York, as the ‘‘Geraldine major party candidate for the Vice parities in the workplace. Further- Ferraro Post Office Building’’. Presidency of the United States. more, as a cancer survivor, Ms. Ferraro The Clerk read the title of the bill. Ms. Ferraro graduated from the admirably and successfully advocates The text of the bill is as follows: Marymount High School in Manhattan in support of increasing much needed H.R. 774 in 1952. She was awarded a scholarship funding for cancer research. Be it enacted by the Senate and House of Rep- to Marymount Manhattan College, and Mr. Speaker, let us honor a dedicated resentatives of the United States of America in in 1956 earned her bachelor of arts de- public servant through the passage of Congress assembled, gree, becoming the first woman in her H.R. 774, and by designating the 21st SECTION 1. GERALDINE FERRARO POST OFFICE family to receive a college education. Street postal facility in Long Island BUILDING. In her subsequent service as a public City in honor of Geraldine Ferraro. I (a) DESIGNATION.—The facility of the elementary school teacher in Astoria, United States Postal Service located at 46–02 urge my colleagues to support H.R. 774. 21st Street in Long Island City, New York, Queens, Ms. Ferraro attended Fordham I reserve the balance of my time. shall be known and designated as the ‘‘Geral- University School of Law at night. She Mr. DUNCAN. Mr. Speaker, I yield dine Ferraro Post Office Building’’. courageously ignored an admission of- myself such time as I may consume. (b) REFERENCES.—Any reference in a law, ficer’s admonition that she would be I rise today in support of H.R. 774, to map, regulation, document, paper, or other taking ‘‘a man’s place’’ in the class. In designate the facility of the United record of the United States to the facility re- 1960, she received her juris doctorate as States Postal Service located at 4602 ferred to in subsection (a) shall be deemed to one of only two women in her grad- 21st Street in Long Island City, New be a reference to the ‘‘Geraldine Ferraro uating class of 179 students. York, as the Geraldine Ferraro Post Post Office Building’’. Following her admission to the New Office Building. The SPEAKER pro tempore. Pursu- York State bar in 1961, Ms. Ferraro Geraldine Ferraro has spent her life ant to the rule, the gentleman from practiced law part time in the private advocating and achieving on behalf of Massachusetts (Mr. LYNCH) and the sector while raising her family. In 1974, women across the globe. She was born gentleman from Tennessee (Mr. DUN- she was appointed to serve as an assist- on August 26, 1935, in Newburgh, New CAN) each will control 20 minutes. ant district attorney for Queens Coun- York, the daughter of a first-genera- The Chair recognizes the gentleman ty. In 1977, she was chosen to head the tion Italian American mother and an from Massachusetts. recently established Queens County Italian immigrant father. After high GENERAL LEAVE Special Victims Bureau, where she spe- school, she worked her way through Mr. LYNCH. Mr. Speaker, I ask unan- cialized in cases involving abused Marymount Manhattan College, at imous consent that all Members may women and children. times holding three jobs simulta- have 5 legislative days within which to Ms. Ferraro was elected to the neously. She was the first woman in revise and extend their remarks. United States Congress in 1978, and her family to attain a college degree, The SPEAKER pro tempore. Is there honorably represented New York and she subsequently became a licensed objection to the request of the gen- State’s Ninth Congressional District in New York City school teacher. tleman from Massachusetts? the U.S. House of Representatives from While still teaching the second grade, There was no objection. 1979 to 1985. Throughout her tenure in Congresswoman Ferraro earned her law Mr. LYNCH. Mr. Speaker, I yield my- Congress, Ms. Ferraro devoted much of degree, attending Fordham law school self such time as I may consume. her legislative attention to women’s at night. She was one of only two Mr. Speaker, as chairman of the rights and human rights advocacy. To women in her graduating class of 179, House subcommittee with jurisdiction this end, she admirably sought passage and was admitted to the New York over the United States Postal Service, of measures such as the Equal Rights State bar in 1961. She managed to raise and as we commend the dedicated serv- Amendment and the Women’s Eco- three children while working part time ice of our Nation’s public servants dur- nomic Equity Act. as an attorney in her husband’s real es- ing Public Service Recognition Week, I In 1984, Ms. Ferraro became the first tate firm. In 1970, she was elected presi- am pleased to present H.R. 774 for con- woman and the first Italian American dent of the Queens County Women’s sideration. to be nominated to the Vice Presidency Bar Association, and in 1974 she was ap- This legislation would designate the of the United States by a major Amer- pointed Assistant District Attorney for United States postal facility located at ican political party when she was cho- Queens County, New York, at a time 46–02 21st Street in Long Island City, sen by Democratic Presidential can- when female prosecutors were rare in

VerDate Nov 24 2008 23:33 May 05, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.015 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5108 CONGRESSIONAL RECORD — HOUSE May 5, 2009 New York City. During her time in the remains intact. It took more than two plishments have been in the area of district attorney’s office, she became a decades for another woman to be given Queens that Ferraro once represented, strong advocate for abused children, a similar opportunity, and none have people remember her as their good and rose through the ranks to head the won. Geraldine Ferraro continues to friend, their neighbor, and their Con- Special Victims Bureau, which pros- symbolize the hope and expectation gresswoman, a tenacious fighter who ecuted rape, and child and domestic that one day a woman will be elected represented them and their interests. abuse cases. to the White House. Ferraro has spent She never forgot them and they have In 1978, she won election to the her entire career opening doors, break- never forgotten her. Thousands of her United States House of Representatives ing down barriers, and helping others former constituents use the Main Post from New York’s Ninth Congressional to follow her. She was one of only two Office every week, and they will be de- District in Queens. She labeled herself women in her law school class. She was lighted to have this important neigh- a ‘‘tough Democrat’’ and ran on law appointed assistant district attorney borhood institution named in her and order issues. for Queens County, New York, at a honor. Upon entering Congress, Congress- time when women prosecutors were ex- So I am thrilled to be the sponsor of woman Ferraro made an immediate tremely rare. this important legislation. impression on her party’s leadership When she entered Congress in 1979, Mr. DUNCAN. Mr. Speaker, at this and quickly rose through the leader- she was one of only 13 women in the time I yield such time as he may con- ship ranks. She established a reputa- House. Nonetheless, she quickly earned sume to the gentleman from Virginia tion in Congress as an advocate for the respect of her colleagues and was (Mr. WOLF). women’s rights and gender equality. elected to the secretary of the House Mr. WOLF. I thank the gentleman for Then, in the 1984 Presidential election, Democratic Caucus for the 97th and the time. Walter Mondale chose her as his run- 98th Congresses. Granting her a seat on Mr. Speaker, I rise in support of this ning mate, making her the first ever the influential Steering and Policy resolution to name the U.S. Post Office female to run on a major party na- Committee, Ferraro served on the Post located on 21st Street in Long Island, tional ticket. Her historical nomina- Office and Civil Services Committee, New York, as the Geraldine Ferraro tion was the culmination of a lifetime the Public Works and Transportation Post Office Building. I served in this body with Geraldine of firsts for this lawyer from Queens. Committee, the Select Committee on Ferraro, a former Queens County dis- Her accomplishments also include Aging, and in 1983 was appointed to the trict attorney, and I join my colleagues her appointment by President Clinton Budget Committee. in congratulating her and her family in to the U.N. Commission on Human In her work on the Post Office and a well-deserved honor and wish her Rights. President Clinton eventually Civil Services Committee, the newly well. chose her to be the United States Am- elected Ferraro helped enact a widely As we deal with this issue, though, bassador to the Commission, stating demanded local ZIP Code that gave the Mr. Speaker, I feel there is a pressing that she was ‘‘a highly effective voice Queens neighborhoods of Ridgewood matter of national security which di- for the human rights of women around and Glendale a Queens-based code, rectly affects the welfare of the Amer- the world.’’ She has spent a lifetime 11385. Previously, Glendale and parts of ican people which is not being ad- breaking barriers and shattering glass Ridgewood were serviced under 11227, dressed, and the American people de- ceilings. I urge my colleagues to sup- Bushwick’s ZIP Code in Brooklyn. But serve to know what is happening. port this bill to honor the many when the 1977 blackout plunged achievements and tireless advocacy of Bushwick into riots, her constituents b 1245 Geraldine Ferraro. noticed that insurance companies and I reserve the balance of my time. Geraldine Ferraro represented the Mr. LYNCH. Mr. Speaker, I yield 5 banks were raising premiums and rates people of New York City, a city which minutes to the lead sponsor of this res- in the entire ZIP Code even though was forever changed on a sunny Sep- olution, the gentlelady from New York Queens remained largely balanced and tember morning when two planes unscathed by the violence and looting. (Mrs. MALONEY). slammed into the World Trade Center Mrs. MALONEY. I thank the gen- Although the Postmaster General told killing thousands and awakening our tleman for yielding and for his leader- Ferraro that a ZIP Code change like country to the murderous aims of the ship on this and so many other things. this had never been done before, he terrorist network globally. Thirty peo- Mr. Speaker, I rise in strong support would go forward if the Congress- ple from my congressional district lost of H.R. 774, legislation to name the woman could collect some 50,000 signa- their lives that day. Long Island City Main Post Office after tures. And that is what she did. Countless books have been written former Congresswoman Geraldine Fer- In January of 1993, President Clinton since, which highlight miscalculations raro. The main post office is located at appointed Ferraro as a member of the and missed opportunities on the part of 4602 21st Street in Long Island City, U.S. delegation to the United Nations the policymakers in the intelligence Queens, in the district Ferraro rep- Commission on Human Rights. She at- community who failed to recognize the resented with distinction in the U.S. tended the June 1993 World Conference severity of the threat our country is House of Representatives for 6 years. It on Human Rights in Vienna as the al- facing leading up to 9/11. We can no is also located in the district that I am ternate U.S. delegate. In October of longer say we do not know the threat, honored to represent. It is a grand 1993, Clinton promoted her to be head and yet this administration is on the building and a fitting building for an of the U.N. Commission on Human precipice of making a decision which, extraordinary woman. Rights Delegation, with the rank of given what we know, is unthinkable. A trailblazer, role model, leader, Fer- United States Ambassador. She was Press reports and other information I raro has been a pivotal figure in Amer- vice-Chair of the U.S. delegation to the receive indicates that President ican history. When Walter Mondale se- landmark September 1995 Fourth World Obama’s decision regarding the release lected her in 1984 to be the first female Conference on Women in Beijing, and I into the United States of a number of Vice Presidential candidate on a na- accompanied her as a representative Uyghur detainees held at Guantanamo tional party ticket, she became an for this body at that historic con- Bay since 2002 is imminent. The detain- icon. The night she was nominated— ference. ees are trained terrorists. They were and I was there with great excitement Ferraro has written three books, held at a facility which was home to to see the first woman on a national cohosted a political talk show, co- Khalid Sheik Mohammed, the master- party ticket—she took to the micro- founded a consulting management mind of 9/11 who took pleasure in be- phone and told the crowd, ‘‘American company to help corporations train heading Wall Street Journal reporter history is about doors being opened, women leaders, and worked on the Daniel Pearl. doors of opportunity for everyone, no boards of dozens of organizations. There have been published reports matter who you are, as long as you are Today, she is of counsel at the law firm that these detainees were members of willing to earn it.’’ of Blank Rome, where she advises cli- the Eastern Turkistan Islamic Move- And although doors have continued ents on a wide range of public policy ment, a designated terrorist organiza- to open for women, the marble ceiling issues. And whatever her many accom- tion affiliated with al Qaeda.

VerDate Nov 24 2008 02:11 May 06, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.019 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5109 Now, just this April, the U.S. Treas- 1993 World Trade Center bombing, teacher, while simultaneously earning her law ury froze the assets of Abdul Haq, the wrote just today that the administra- degree from Fordham University at night. She leader of this group, the Eastern tion is playing ‘‘fast and loose with the worked as an attorney the Queens New York Turkistan Islamic Party, known as declassification of information.’’ District Attorney’s office, where she helped es- ETIM. This is the same group that the Mr. Speaker, this information ought tablish the Special Victims Bureau. In 1978 detainees are reportedly affiliated to be released to the American people she ran a successful campaign to represent with. The Treasury Department tar- before any decision is made. And with New York’s Ninth District in the United States geted Haq as part of their efforts to that I thank the Chair. House of Representatives. Throughout her six shut down the al Qaeda support net- Mr. LYNCH. Mr. Speaker, I appre- years in Congress, she rose quickly through work. Upon making the designation, ciate the gentleman’s support for the the ranks to become a notable leader in her Treasury Under Secretary for Ter- naming of this Post Office Building on party. As a result of her success, it is no sur- rorism and Financial Intelligence said, behalf of Geraldine Ferraro. prise that in 1984 Walter Mondale selected At this point, I would like to yield 5 and I quote what our Treasury Depart- her as his running mate on the Democratic minutes to the gentlewoman from New ment said: ‘‘Adbul Haq commands a ticket, making her the first female vice presi- York (Mrs. LOWEY) who is also in her terror group that sought to sow vio- dential candidate. own right a champion of women’s lence and fracture international unity Although she did not win the election, she rights. So it is appropriate that she at the 2008 Olympic Games in China.’’ undoubtedly reshaped politics as we know it Few have been more critical of the speak on this bill as well. Mrs. LOWEY. Thank you, Mr. Chair- and paved the way for future women leaders. Chinese Government than I have. But man. She has since authored several books and terrorism is terrorism. American citi- Mr. Speaker, it is a pleasure for me has overcome a battle with multiple myeloma, zens were present at the Olympic to rise and associate myself with the a dangerous form of blood cancer. She now Games. Terrorism knows no bound- remarks of my friend, CAROLYN remains active in politics, weighing in on the aries. It must not be tolerated any- MALONEY, in support of naming a post issues and candidates that influence and where. American career government of- office after former Congresswoman shape our country. ficials risked their lives to capture Geraldine Ferraro. A daughter of Italian immigrants, Geraldine these people. What if they had not been Geraldine Ferraro was a great role Ferraro has been a trailblazer and role model, captured? Would they have then left model to thousands of women across not just for women, but for all Americans in this terrorist training camp and gone this country. Not only is she a mother, search of living the American dream. From off to wreak terrorism somewhere in not only is she a grandmother, not only congresswoman to vice presidential candidate China killing innocent men, women is she a wife, but she is telling all of to author to cancer survivor, Geraldine Ferraro and children of China? those little girls who are going to is a true inspiration and deserves to be hon- Yet the U.S. Congress and the Amer- school that you can be a great Con- ored for her achievements through this des- ican people are left utterly, and I’m in- gresswoman. You can run for Vice ignation. creasingly concerned, in the dark. The President of the United States of Mr. DUNCAN. At this time, I will administration will not allow any ca- America. One day, we will have a urge my colleagues to support this leg- reer person from the FBI, from the woman as President of the United islation. I yield back the balance of my CIA, or from the Department of Home- States of America, and Geraldine Fer- time. land Security to come up and tell the raro played an important role in pre- Mr. LYNCH. Mr. Speaker, I ask all Congress about these detainees. The paring the people for that event. Members to support both Member American people, Mr. Speaker, the Geraldine Ferraro is a fighter. She CAROLYN MALONEY, the lead sponsor of American people deserve more. After stands up for what is right. There are this measure, and Mrs. LOWEY, who learning that this decision was immi- some people who see a problem and just also spoke on behalf of this measure, in nent, I requested briefings from a num- walk on. And I know that my friend, naming this post office after Geraldine ber of relevant agencies. But all have Geraldine Ferraro, whether it was an Ferraro. told me that Eric Holder, our Attorney issue that she had to address in her I yield back the balance of our time. General of the Department of Justice, congressional district or whether she The SPEAKER pro tempore. The is preventing them from speaking out, saw a wrong in this great country of question is on the motion offered by speaking to me or other Members, if ours, she is the kind of person that the gentleman from Massachusetts you will, on this issue. says, I have got to do something about (Mr. LYNCH) that the House suspend Why, Mr. Speaker, is the Department it. So I’m very proud to have Geraldine the rules and pass the bill, H.R. 774. The question was taken; and (two- of Justice withholding this information Ferraro as a friend. from the American people? Why is I know that after the naming of this thirds being in the affirmative) the proper congressional oversight, which post office, there are many people who rules were suspended and the bill was American people expect of their elected will look at that post office and say, passed. A motion to reconsider was laid on representatives, now being thwarted? This is a good woman. I am going to the table. This is not the time to play games. The lead my life consistent with the prin- stakes are too high, not just with re- ciples that Geraldine Ferraro has f gard to this specific group of detainees; shared with all of us. CAROLINE O’DAY POST OFFICE but speaking more broadly, our enemy So I thank you all for taking this BUILDING is empowered by perceived weakness. step to name the post office. And I look Mr. LYNCH. Mr. Speaker, I move to What message are we sending when one forward to working together to ensure suspend the rules and pass the bill branch of government stonewalls an- that all the principles, all the values, (H.R. 1397) to designate the facility of other on a matter with undeniable na- all the commitments that Geraldine the United States Postal Service lo- tional security implications? Ferraro has made will be enshrined, cated at 41 Purdy Avenue in Rye, New Again, I call on the Justice Depart- and certainly she will continue to be a York, as the ‘‘Caroline O’Day Post Of- ment to declassify and release all in- role model for all those young people fice Building’’. formation regarding the capture, de- who come after her. The Clerk read the title of the bill. tention and threats posed by these de- Mr. KING of New York. Mr. Speaker, today The text of the bill is as follows: tainees or others that they may con- I rise in strong support of naming the United H.R. 1397 sider releasing into the U.S. Any intel- States Postal Service building located at 46– Be it enacted by the Senate and House of Rep- ligence assessment of these Uyghurs 02 21st Street in Long Island City, New York, resentatives of the United States of America in must take into account not only their the ‘‘Geraldine Ferraro Post Office Building,’’ Congress assembled, previous training at terrorist training after former United States Representative Ger- SECTION 1. CAROLINE O’DAY POST OFFICE camps, but their potential subsequent aldine Ferraro. BUILDING. exposure and radicalization while they It is with great pleasure that I support this (a) DESIGNATION.—The facility of the were at Guantanamo Bay. designation, which commemorates the life of United States Postal Service located at 41 Andrew McCarthy, a former Federal Purdy Avenue in Rye, New York, shall be one of New York’s most remarkable women. known and designated as the ‘‘Caroline prosecutor who led the 1995 prosecution Geraldine Ferraro has had a distinguished ca- O’Day Post Office Building’’. against Sheik Omar Adbel Rahman reer marked with many achievements. She (b) REFERENCES.—Any reference in a law, who was found guilty of planning the began her career as a New York public school map, regulation, document, paper, or other

VerDate Nov 24 2008 02:11 May 06, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.021 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5110 CONGRESSIONAL RECORD — HOUSE May 5, 2009 record of the United States to the facility re- lessly advocated a dramatic expansion, death, Congresswoman O’Day began ferred to in subsection (a) shall be deemed to or ‘‘national investment,’’ of Federal working on issues of social welfare and be a reference to the ‘‘Caroline O’Day Post programs to protect them. female suffrage in New York. She be- Office Building’’. Mr. Speaker, Congresswoman O’Day came active with the New York Con- The SPEAKER pro tempore. Pursu- not only faithfully represented the sumer’s League, the Women’s Trade ant to the rule, the gentleman from myriad interests of her constituents Union, and the Democratic Party. Massachusetts (Mr. LYNCH) and the from Buffalo to Brooklyn, she put one Through these and other organizations, gentleman from Tennessee (Mr. DUN- of the first cracks in the glass ceiling she became close friends with other CAN) each will control 20 minutes. as one of only six women in the House. prominent social activists, including The Chair recognizes the gentleman As you know, Mr. Speaker, the num- Eleanor Roosevelt. from Massachusetts. ber of women serving in the House has After spending many years with a GENERAL LEAVE since risen to 76. And while this does well-known activist working for wom- Mr. LYNCH. Mr. Speaker, I ask that not reflect the percentage of women in en’s suffrage and multiple organiza- all Members may have 5 legislative the American electorate, through com- tions, she was urged to run for public days within which to revise and extend mon interests and coordinated effort, office. Congresswoman O’Day first ran their remarks. this relatively small group has had a and won a seat in Congress in 1934 with The SPEAKER pro tempore. Is there significant effect on Federal policy. We the public support of her good friend objection to the request of the gen- women currently serving in this es- Eleanor Roosevelt. tleman from Massachusetts? teemed body stand on the shoulders of As a well-regarded Member of Con- There was no objection. pioneering women like Caroline O’Day, gress, Congresswoman O’Day worked Mr. LYNCH. Mr. Speaker, at this whose grit and determination helped on a number of labor reforms, particu- time, I would like to yield 5 minutes to them not only overcome gender bias, larly for the child labor protections of the gentlewoman from New York (Mrs. but lead this Nation through depres- the Walsh-Healey Government Con- LOWEY). sion and war. tracts Act and the Fair Labor Stand- Mrs. LOWEY. Mr. Speaker, I rise Mr. Speaker, I am proud to bring this ards Act. She had a lifelong concern for today in support of H.R. 1397, which legislation, which honors the life and protecting the rights of disadvantaged would rename the U.S. post office lo- service of Congresswoman Caroline people. As an extension of that concern, Con- cated in Rye, New York, after former O’Day, to the House floor today. And I gresswoman O’Day sponsored legisla- Congresswoman Caroline O’Day. And I urge my colleagues to support it. tion which stayed the deportation of would like to thank Chairman TOWNS Mr. DUNCAN. Mr. Speaker, I yield 7,000 illegal aliens. She strongly sup- and the entire New York delegation for myself such time as I may consume. ported the Federal anti-lynching law, their support of this measure. Born in I rise today, Mr. Speaker, to join my was instrumental in arranging the 1875 on a plantation near the rural fellow Members of Congress in recog- memorable concert of Marian Anderson town of Perry, Georgia, Caroline nizing a former New York Congress- in 1939 scheduled for DAR Constitution O’Day’s experiences growing up in the woman and women’s rights advocate by Hall, and supported expanding the post-Civil War South instilled in her a designating the facility of the United quota for Jewish refugees from Nazi lifelong commitment to world peace States Postal Service located at 41 and social welfare. The energy and pas- Germany. Purdy Avenue in Rye, New York, as the In 1940, despite her sickness, Caroline sion with which she gave voice to those ‘‘Caroline O’Day Post Office Building’’ in need was the hallmark of her career O’Day won a fourth congressional for her extraordinary contributions to term. Because of declining health, she in Congress. the State of New York and to Amer- did not return to Washington, although Caroline O’Day’s interest in politics ican public life. was piqued when during a suffrage pa- she did handle some of her House du- Born Caroline Love Goodwin in 1869 ties from her home. Sadly, on January rade her husband, Daniel O’Day, re- on a plantation in Perry, Georgia, she 4, 1943, the gentlewoman from New portedly asked his wife why she was was one of four daughters of a socially York died at her home. not marching herself. Soon, she joined important family in Georgia. Despite Congresswoman Caroline O’Day may the West Chester League of Women the economic hardships that were wide- have been best described after her Voters and in 1917 worked with spread during the Reconstruction pe- death by Eleanor Roosevelt who wrote, Jeannette Rankin to advance the en- riod, her father’s success allowed her ‘‘Her high ideals and integrity were an franchisement of New York women 3 and her sisters to attend the pres- inspiration to all who knew her or felt years before passage of the 19th amend- tigious secondary school called the her influence, and her generosity ment. Lucy Cobb Institute. touched many people and many causes Together with her close friend, Elea- in which she believed. Her passing is a nor Roosevelt, O’Day helped found the b 1300 loss not only to her family but to the Women’s Division of the New York After graduation in 1886, she briefly world.’’ State Democratic Committee and was studied art in New York at Cooper It is with great respect and pleasure elected chairwoman of the New York Union before sailing to Paris, France, that I support H.R. 1397. delegation to the 1924 Democratic Na- where she enjoyed a stimulating life I reserve the balance of my time. tional Convention, becoming the first among the great artists of the time. Mr. LYNCH. Mr. Speaker, I yield my- woman from either major party to hold An independent-minded woman, she self such time as I may consume. the position. supported herself as a freelance artist Mr. Speaker, I am pleased to present In 1934, Caroline O’Day was elected to for the next 8 years. While living in Eu- for consideration this legislation that one of New York’s two at-large con- rope, she met Daniel O’Day, an oil will designate the United States postal gressional seats. The second woman in businessman, who persuaded her to facility located at 41 Purdy Avenue in the history of this body to chair a abandon her artistic career and return Rye, New York, as the Caroline O’Day major committee, she quickly became with him to New York in 1901. Al- Post Office Building in honor of a won- known as a skilled legislator unwilling though past the age of 30 and beyond derful and dedicated public servant. to compromise her principles for the the age when most women married in Caroline Love Goodwin O’Day was sake of political expediency. that era, she married Daniel O’Day and born in the city of Perry in Houston During her four terms in the House, moved to Rye, New York. County, Georgia, on June 22, 1875. Ms. Representative O’Day was a leading It was in Rye, New York, where Con- O’Day completed her academic studies voice for avoiding unnecessary armed gresswoman O’Day would start her suc- at the Lucy Cobb Institute in Athens, conflict and fought to improve the cessful career as a civic activist and Georgia, in 1886, and initially chose to quality of life of underrepresented mi- politician. Her power of persuasion was pursue a career as an artist, spending 8 norities in the inner city and migrant so great that although her husband was years as an art student and painter in agricultural workers. In particular, she not politically active, he did become an Paris, Holland and Munich. was deeply troubled by the effects of enthusiastic advocate of women’s suf- In 1902, Ms. O’Day relocated to what poverty on at-risk children and tire- frage and in 1916, after his sudden would become her lifelong hometown of

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MY7.014 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5111 Rye, New York, where she would em- of H.R. 1397, and let us follow the lead- (9) defend and secure critical infrastruc- bark on an admirable and dedicated ca- ership of the gentlewoman from New ture; (10) help the Nation recover from natural reer devoted to public service. Fol- York (Mrs. LOWEY) by designating the disasters and terrorist attacks; lowing her husband’s sudden death in Rye Post Office in honor of Caroline (11) teach and work in our schools and li- 1916, Ms. O’Day became actively in- O’Day. I urge my colleagues to support braries; volved in the women’s suffrage move- H.R. 1397. (12) develop new technologies and explore ment as well as a number of other so- I reserve the balance of my time. the earth, moon, and space to help improve cial welfare groups, including the New Mr. DUNCAN. Mr. Speaker, I have no our understanding of how our world changes; York affiliate of the National Con- additional speakers, and I yield back (13) improve and secure our transportation the balance of my time. systems; sumer’s League and the Women’s Trade (14) promote economic growth; and Union League, dedicated to improving Mr. LYNCH. Mr. Speaker, I yield (15) assist active duty service members and wages and workplace conditions for back the balance of my time. veterans; both women and children. The SPEAKER pro tempore. The Whereas members of the uniformed serv- In furtherance of her social and com- question is on the motion offered by ices and civilian employees at all levels of munity causes, Ms. O’Day also served the gentleman from Massachusetts government make significant contributions on the Rye school board and played an (Mr. LYNCH) that the House suspend to the general welfare of the United States, integral role in the establishment of the rules and pass the bill, H.R. 1397. and are on the front lines in the fight the women’s division of the Democratic The question was taken; and (two- against terrorism and in maintaining home- State Committee. In 1923, she was thirds being in the affirmative) the land security; elected by State party leaders to head rules were suspended and the bill was Whereas public servants work in a profes- passed. sional manner to build relationships with the women’s division as well as serve other countries and cultures in order to bet- as chairman of the Democratic State A motion to reconsider was laid on the table. ter represent America’s interests and pro- Committee. Then First Lady of the mote American ideals; United States, Eleanor Roosevelt, de- f Whereas public servants alert Congress and scribed Ms. O’Day’s election to one of PUBLIC SERVICE RECOGNITION the public to government waste, fraud, the State party leadership positions as WEEK abuse, and dangers to public health; ‘‘breaking down a major barrier Whereas the men and women serving in the Mr. LYNCH. Mr. Speaker, I move to against women in the Democratic Armed Forces of the United States, as well suspend the rules and agree to the reso- as those skilled trade and craft Federal em- Party.’’ That same year, Governor Al Smith lution (H. Res. 299) expressing the sense ployees who provide support to their efforts, of the House of Representatives that are committed to doing their jobs regardless appointed Ms. O’Day to serve on the of the circumstances, and contribute greatly State Board of Social Welfare, a posi- public servants should be commended for their dedication and continued to the security of the Nation and the world; tion that she held for over a decade. In Whereas public servants have bravely 1924, Ms. O’Day was elected as a dele- service to the Nation during Public fought in armed conflict in defense of this gate to the Democratic National Con- Service Recognition Week, May 4 Nation and its ideals, and deserve the care vention and was elected as chairman of through 10, 2009, and throughout the and benefits they have earned through their the New York State delegation, mark- year. honorable service; The Clerk read the title of the resolu- ing the first time that a woman had re- Whereas government workers have much tion. to offer, as demonstrated by their expertise ceived such an honor from either major The text of the resolution is as fol- and innovative ideas, and serve as examples political party. lows: by passing on institutional knowledge to Ms. O’Day proceeded to serve as a H. RES. 299 train the next generation of public servants; delegate for the party’s next three na- Whereas May 4 through 10, 2009, has been tional conventions. In 1934, at the age Whereas Public Service Recognition Week designated Public Service Recognition Week of 65, Ms. O’Day was elected to Con- provides an opportunity to recognize and to honor America’s Federal, State, and local promote the important contributions of pub- government employees; and gress as a Representative at Large in lic servants and to honor the diverse men the 74th Congress. As noted by the au- Whereas Public Service Recognition Week and women who meet the needs of the Nation is celebrating its 25th anniversary through thor, Paul DeForest Hicks, in his pro- through work at all levels of government; file of Ms. O’Day that appeared in the job fairs, student activities, and agency ex- Whereas millions of individuals work in hibits: Now, therefore, be it New York Historical Association Maga- government service in every city, county, Resolved, That the House of Representa- zine, Ms. O’Day’s 1934 campaign mate- and State across America and in hundreds of tives— rials ‘‘evidenced a commitment for cities abroad; (1) commends public servants for their out- higher standards for wage earners, ade- Whereas public service is a noble calling, standing contributions to this great Nation quate relief to taxpayers, a sound and involving a variety of challenging and re- during Public Service Recognition Week and warding professions; throughout the year; enlightened fiscal policy, friendly for- Whereas Federal, State, and local govern- eign relations, and advanced opportuni- (2) salutes government employees for their ments are responsive, innovative, and effec- unyielding dedication and spirit of public ties for women in government.’’ tive because of the outstanding work of pub- In addition, as recently noted by Rye service; lic servants; (3) honors those government employees City Councilman Mack Cunningham, Whereas the United States is a great and who have given their lives in service to their Ms. O’Day’s tenure in Congress was prosperous Nation, and public service em- country; marked by a strong interest in social ployees contribute significantly to that (4) calls upon a new generation to consider welfare measures. It is noteworthy greatness and prosperity; a career in public service as an honorable that she was only the second congress- Whereas the Nation benefits daily from the profession; and woman to chair a major committee, knowledge and skills of these highly trained (5) encourages efforts to promote public individuals; service careers at all levels of government. the Committee on Election of Presi- Whereas public servants— dent, Vice President and Representa- (1) defend our freedom and advance the in- The SPEAKER pro tempore. Pursu- tives. terests of the United States around the ant to the rule, the gentleman from On a final note, I would like to men- world; Massachusetts (Mr. LYNCH) and the tion that, as a New York Representa- (2) provide vital strategic support func- gentleman from Tennessee (Mr. DUN- tive at Large, Ms. O’Day played a vital tions to our military and serve in the Na- CAN) each will control 20 minutes. role in facilitating the construction of tional Guard and Reserves; The Chair recognizes the gentleman (3) fight crime and fires; the Rye Post Office that is now the (4) ensure equal access to secure, efficient, from Massachusetts. subject of this legislation. In fact, she and affordable mail service; GENERAL LEAVE presided over the post office’s ribbon- (5) deliver Social Security and Medicare Mr. LYNCH. Mr. Speaker, I ask unan- cutting ceremony on September 5, 1936, benefits; imous consent that all Members may and now we stand here some years (6) fight disease and promote better health; have 5 legislative days in which to re- (7) protect the environment and the Na- later seeking to name this post office tion’s parks; vise and extend their remarks. after Ms. O’Day. (8) enforce laws guaranteeing equal em- The SPEAKER pro tempore. Is there Mr. Speaker, let us honor this dedi- ployment opportunity and healthy working objection to the request of the gen- cated public servant with the passage conditions; tleman from Massachusetts?

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.026 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5112 CONGRESSIONAL RECORD — HOUSE May 5, 2009 There was no objection. give government agencies an oppor- mitted to making the Federal Government a Mr. LYNCH. Mr. Speaker, this week tunity to showcase how they are work- better place to work by speeding up the hir- marks the 25th anniversary of Public ing to have a positive impact on the ing process, increasing opportunities for vet- Service Recognition Week. From May 4 globe through environmentally friend- erans, and implementing programs that help employees balance work and family life. through May 10, 2009, Public Service ly practices and energy-efficient initia- Thank you for your continued leadership Recognition Week is designed to com- tives. in recognizing the hard work of our public memorate the hard work, dedication Whether it is the Environmental Pro- servants during Public Service Recognition and sacrifice made by our Nation’s tection Agency keeping our air and Week and I look forward to working with Federal, State, and local government water safe, the Department of Interior you to make the Federal Government a bet- employees. preserving and managing our Nation’s ter place to work. As chairman of the House Sub- parks, or the Department of Energy de- Sincerely, committee on the Federal Workforce, veloping cleaner fuel alternatives, pub- JOHN BERRY, Director. Postal Service and the District of Co- lic servants have been on the forefront lumbia, I am proud to have introduced of protecting our Earth. I reserve the balance of my time. H. Res. 299 as it sends a strong message Also, Public Service Recognition Mr. DUNCAN. Mr. Speaker, I yield to public workers everywhere that Week offers a chance for Americans, myself such time as I may consume. their work and effort on behalf of this especially young Americans, to learn Mr. Speaker, I am extremely proud country is valued and their services ap- more about various careers in the pub- to rise today in support of H. Res. 299 preciated. lic service. By showing younger genera- honoring the millions of dedicated pub- I introduced H. Res. 299 on March 30, tions that hard work, dedication and lic employees who steadfastly serve our 2009, and I am pleased to report that passion in serving the common good Nation. These highly competent and the measure has been considered and leads to a productive and successful ca- well-trained public service employees reported from the Oversight Com- reer, we will inspire our young people who work at all levels of government, mittee as of April 23, 2009. to seriously consider entering the field Federal, State and local, are a great While this measure has the support of public service. example of an excellent workforce both of only 60 Members of Congress, it af- In our busy daily lives, we often take here and abroad. They exhibit their fords each and every one of us a chance for granted the hard work and services professionalism and expertise as they to celebrate and pay tribute to the provided by government employees. handle the enormous amount of work thousands of civilian and military per- These people are what make our coun- that flows through all levels of govern- sonnel that commit themselves daily try move, and they make it the great- ment on a daily basis. Their sense of to the greatness and prosperity of our est country in the world. Therefore, we dedication and innovation are at the country. To all of the public servants have an obligation to recognize and very core of this country’s successes. that touch our lives, our great teach- honor the contributions made by those Keeping our Nation running and safe ers, our mail carriers, our firefighters, who put their love of country above are the emergency responders, the edu- we say ‘‘thank you.’’ From the soldiers personal motivations. cators and medical personnel, and all in the field to the agents on the border, In short, they are all American he- others who are part of a larger group the service rendered by public service roes and the subject of today’s meas- that we proudly call public service em- workers may be the key to our basic ure, H. Res. 299, the commemoration of ployees. Without them, our country functionality, but yet it is so often Public Service Recognition Week. simply could not function. overlooked. Mr. Speaker, I would also like to ask When speaking of public sector em- While Public Service Week lasts only a letter from the Office of Personnel ployees, we must particularly note the 7 days, I believe that the contributions Management Director, John Berry, brave men and women who serve in the and sacrifices of public servants should praising our Nation’s public employees Armed Forces who continue to make be recognized and appreciated through- to be entered into the RECORD. I know all Americans proud as they dedicate out the entire year. As chairman of the that Director Berry and the President their life and limb to keeping us all Subcommittee on the Federal Work- alike share my commitment in making safe throughout the world. Those on force, my highest priority is to im- the Federal Government a better place the front lines deserve special recogni- prove the working conditions, benefits to work. Therefore, it is with a warm tion for their public service which is and opportunities afforded to our civil sense of appreciation and deep grati- truly above and beyond the ordinary servants. They deserve our highest rec- tude that I stand to urge support for call of duty. These soldiers are pro- ognition and praise, but all too often this measure. vided vital strategic support from fel- they are criticized and undervalued. OFFICE OF PERSONNEL MANAGEMENT, low public service employees both at During this session, I have introduced Washington, DC, May 5, 2009. home and abroad. or supported legislation that would Hon. STEPHEN F. LYNCH, When natural disasters hit commu- provide paid leave to Federal employ- Chairman, Subcommittee on the Federal Service, nities around the country and the ees that are new parents, that would Postal Service, and District of Columbia, world, it is our public service employ- protect postal workers’ jobs from being House of Representatives, Washington, DC. ees who provide support at every level. DEAR MR. CHAIRMAN: I am writing to thank contracted out to the private sector, you for your sponsorship of H. Res. 299, a res- For this, they should also be com- and that would allow Federal employ- olution expressing the sense of the House of mended. It is an honor for me to con- ees a credit for their unused sick leave Representatives that public servants should gratulate these fine citizens for per- when computing their retirement an- be commended for their dedication and conforming challenging and many times nuities. tinued service to the Nation during Public thankless jobs with dedication every Commemoration of Public Service Service Recognition Week, May 4 through 10, day. Because of our public service em- Recognition Week runs from the first 2009, and throughout the year. ployees, we have a country that is safe Monday through the first Sunday of As you know, Public Service Recognition and secure for all of us. May and will involve job fairs, student Week, celebrated the first Monday through Sunday in May since 1985, is a time set aside b 1315 activities and agency exhibits, all de- each year to honor the men and women who signed to highlight the significance of serve America as Federal, State and local For these reasons, I express my public service and to encourage young government employees. Throughout the Na- strong support of Public Service Rec- people to consider public service. This tion and around the world, public employees ognition Week. week offers all Americans the oppor- use the week to educate citizens about the Mr. VAN HOLLEN. Mr. Speaker, I rise today tunity to both recognize and learn many ways in which government serves the to salute the millions of men and women, in more about the significant contribu- people and how government services make and out of uniform, who devote themselves life better for all of us. tions that public sector employees As the Director of the Office of Personnel daily to doing the public’s work. make on a daily basis to our local com- Management (OPM), Public Service Recogni- Without the service of these dedicated and munities, States and our Nation. tion Week is the perfect time to spread selfless individuals, the country could not func- The theme for this year’s celebration President Obama’s call to public service and tion. Public servants are on the front lines in is ‘‘Government Goes Green.’’ This will to recognize public employees. I am com- Iraq and on the front lines fighting the Swine

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K05MY7.028 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5113 Flu. They are the first to come to our aid in a There was no objection. sage of this legislation by dedicating crisis and the last to leave a burning building. Mr. LYNCH. Mr. Speaker, I yield my- the Pompano Beach Postal Facility in They teach our children, pass our laws and self such time as I may consume. honor of Elijah Pat Larkins. I urge my bind our wounds. Without them, our lives I am pleased to present H.R. 1271 for colleagues to do the same. would come to a halt. For their dedicated and consideration. This legislation will des- I reserve the balance of my time. continued service to the nation, I encourage ignate the United States postal facility Mr. CASTLE. I yield myself such my colleagues to join me in support of public located at 2351 West Atlantic Boule- time as I may consume. servants everywhere and in support of Public vard in Pompano Beach, Florida, as the I rise today in support of H.R. 1271, Service Recognition Week. ‘‘Elijah Pat Larkins Post Office Build- designating the facility of the United Mr. DUNCAN. Mr. Speaker, I urge ing,’’ in honor of a man who dedicated States Postal Service located at 2351 support for this resolution, and I yield over 25 years of his life to public serv- West Atlantic Boulevard in Pompano back the balance of my time. ice. Beach, Florida, as the ‘‘Elijah Pat Mr. LYNCH. I thank the gentleman Born to farm worker parents in the Larkins Post Office Building.’’ for supporting this measure. I appre- then-segregated city of Pompano Elijah Pat Larkins dedicated his en- ciate his support. Beach, Florida, on April 29, 1942, Elijah tire life to public service, and the citi- I yield back the balance of my time. Pat Larkins graduated from Blanche zens of Pompano Beach, Florida, are The SPEAKER pro tempore. The Ely High School in 1960, and subse- better off today because of his tireless question is on the motion offered by quently attended Tennessee State Uni- service. In 2008, the Florida League of the gentleman from Massachusetts versity. Cities recognized him for 25 years of (Mr. LYNCH) that the House suspend In 1962, Mr. Larkins embarked on a public service. the rules and agree to the resolution, career as a community housing activ- Mayor Larkins was the first of 10 H. Res. 299. ist, first serving as a housing director children born to a farmer and home- The question was taken. with a Pompano community action maker in Pompano on April 29, 1942. The SPEAKER pro tempore. In the agency. In 1969, Mr. Larkins was one of Nicknamed ‘‘Prez,’’ and voted class opinion of the Chair, two-thirds being the two honorees in the State of Flor- president every year from 5th to 12th in the affirmative, the ayes have it. ida to receive the prestigious Ford grade, he graduated from what is now Mr. LYNCH. Mr. Speaker, on that I Foundation Fellowship, which afforded demand the yeas and nays. Blanche Ely High School. him the opportunity to attend the Na- He grew up in a segregated society, The yeas and nays were ordered. tional Housing Institute in Wash- The SPEAKER pro tempore. Pursu- but spent a lifetime in public service ington, D.C., and become a federally- fighting for equal rights, and was elect- ant to clause 8 of rule XX and the certified housing development spe- Chair’s prior announcement, further ed Pompano Beach’s first African cialist. American mayor in 1985, and subse- proceedings on this motion will be In 1972, Mr. Larkins brought his new quently served a record seven terms. postponed. expertise back to his community by Prior to that, he served 19 consecutive f creating the Broward County Minority years as City Commissioner. Building Coalition, an organization ELIJAH PAT LARKINS POST A Ford Foundation Fellow, Mayor dedicated to ensuring the participation OFFICE BUILDING Larkins was a federally-certified hous- of minority-owned companies in south Mr. LYNCH. Mr. Speaker, I move to ing development specialist who created Florida’s construction sector. suspend the rules and pass the bill In 1982, Mr. Larkins first won elected the Broward County Minority Builders (H.R. 1271) to designate the facility of office, becoming only the second Afri- Coalition, and was a director of his the United States Postal Service lo- can American elected to the Pompano own, not-for-profit, Malar Construc- cated at 2351 West Atlantic Boulevard Beach City Commission, and only the tion, Inc., in Fort Lauderdale. in Pompano Beach, Florida, as the eighth African American local elected In fact, throughout his career in pub- ‘‘Elijah Pat Larkins Post Office Build- official in Broward County. He pro- lic service, he made significant con- ing’’. ceeded to serve 19 consecutive years. tributions in housing, working tire- The Clerk read the title of the bill. Notably, Mr. Larkins served an un- lessly to ensure that safe and adequate The text of the bill is as follows: precedented seven terms as the first housing was available to all. While H.R. 1271 African American mayor of Pompano mayor, he also helped transform the Be it enacted by the Senate and House of Rep- city’s economy from agricultural to resentatives of the United States of America in Beach. He also served three terms as vice mayor, elected by his fellow city urban, all while mentoring local civic- Congress assembled, minded residents and minority activ- SECTION 1. ELIJAH PAT LARKINS POST OFFICE commissioners. BUILDING. Under Mr. Larkins’ leadership, the ists. (a) DESIGNATION.—The facility of the city of Pompano Beach initiated a va- In addition to his many professional United States Postal Service located at 2351 riety of successful efforts to advance achievements, he took an active role in West Atlantic Boulevard in Pompano Beach, modern affordable home development countless public service, social, and re- Florida, shall be known and designated as and promote the growth of small and ligious organizations, including the Na- the ‘‘Elijah Pat Larkins Post Office Build- minority-owned businesses. tional Association for the Advance- ing’’. ment of Colored People, Broward Coun- (b) REFERENCES.—Any reference in a law, In addition to elected service, Mr. map, regulation, document, paper, or other Larkins played an active role in a vari- ty Boys and Girls Club, the Juvenile record of the United States to the facility re- ety of social and religious organiza- Justice Intensive Halfway House, and ferred to in subsection (a) shall be deemed to tions, including the National Associa- Hopewell Missionary Baptist Church. be a reference to the ‘‘Elijah Pat Larkins tion for the Advancement of Colored In fact, he was affiliated with more Post Office Building’’. People, the Broward County Boys and than a dozen national, State, and local The SPEAKER pro tempore. Pursu- Girls Club, the United Way, and the political and service groups. ant to the rule, the gentleman from Urban League. Mayor Larkins was twice married to Massachusetts (Mr. LYNCH) and the Regrettably, illness forced him to re- retired schoolteacher Bettye Lamar- gentleman from Delaware (Mr. CASTLE) tire from public service in May of 2008. Larkins, with whom he had a son, Ger- will each control 20 minutes. In February of 2009, he passed away at ald Todd. He also had another son, The Chair recognizes the gentleman the age of 66, after a 16-month battle Tory Larkins, from a prior relation- from Massachusetts. with brain cancer. ship. He is also survived by his nine GENERAL LEAVE As noted by Mr. Larkins himself, he younger siblings and his mother, Al- Mr. LYNCH. Mr. Speaker, I ask unan- always had a great affinity and love for berta Griffin. imous consent that all Members may the city of Pompano Beach, and it was In recognition of Mayor Larkins’ have 5 days within which to revise and his hope that he would be remembered commitment to public service and tire- extend their remarks. for giving all that he had to public less efforts on behalf of the citizens of The SPEAKER pro tempore. Is there service. Pompano Beach, I urge all members to objection to the request of the gen- Mr. Speaker, let us honor this dedi- join me in supporting H.R. 1271, which tleman from Massachusetts? cated public servant through the pas- will designate the United States Postal

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MY7.034 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5114 CONGRESSIONAL RECORD — HOUSE May 5, 2009 Service Facility located at 2351 West ents, policymakers, and their communities, ter school legislation. California fol- Atlantic Boulevard in Pompano Beach, some charter schools routinely measure pa- lowed suit in 1992. My home State of Florida, in his honor. rental satisfaction levels, and all give par- Colorado soon joined the growing I yield back the balance of my time. ents new freedom to choose their public movement in 1993. school; Mr. LYNCH. I just want to note that Whereas charter schools nationwide serve Since their inception, charter schools the lead sponsor of this resolution to a higher percentage of low-income and mi- have grown by leaps and bounds to ad- name this post office after Elijah Pat nority students than the traditional public dress the various needs of our Nation’s Larkins is our friend and great Con- system; public school students. Diverse charter gressman from Florida, Mr. HASTINGS. I Whereas charter schools have enjoyed schools across the country offer inno- just want to recognize his leadership in broad bipartisan support from the Adminis- vative instruction. With site-based con- bringing this to the floor. I thank him tration, Congress, State Governors and legis- trol and flexibility, charter schools can for his energy and his leadership. latures, educators, and parents across the make timely decisions about how to United States; and I yield back the balance of my time. Whereas the 10th annual National Charter structure the school day, which cur- The SPEAKER pro tempore. The Schools Week, to be held May 3 through May riculum best suits the needs of their question is on the motion offered by 9, 2009, is an event sponsored by charter students, and what type of staff and the gentleman from Massachusetts schools and grassroots charter school organi- staff development will enrich their (Mr. LYNCH) that the House suspend zations across the United States to recognize school community. Additionally, char- the rules and pass the bill, H.R. 1271. the significant impacts, achievements, and ter schools form important community The question was taken; and (two- innovations of charter schools: Now, there- partnerships with parents and busi- fore, be it nesses. thirds being in the affirmative) the Resolved, That the House of Representa- rules were suspended and the bill was tives— This week, charter schools across the passed. (1) supports the goals and ideals of the 10th country will celebrate the 10th annual A motion to reconsider was laid on annual National Charter Schools Week; National Charter Schools Week. This the table. (2) acknowledges and commends charter year’s theme, ‘‘Promoting Innovation schools and their students, parents, teachers, f and Excellence,’’ was inspired by Presi- and administrators across the United States dent Obama. It celebrates and encour- SUPPORTING NATIONAL CHARTER for their ongoing contributions to education ages charter schools to continue to SCHOOLS WEEK and improving and strengthening our public share their successes as part of the ef- school system; and Mr. POLIS. Mr. Speaker, I move to (3) calls on the people of the United States fort to reform public education in our suspend the rules and agree to the reso- to conduct appropriate programs, cere- country. lution (H. Res. 382) supporting the monies, and activities to demonstrate sup- As a former chairman of the Colorado goals and ideals of National Charter port for charter schools during this weeklong State Board of Education and the Schools Week, to be held May 3 celebration in communities throughout the founder and superintendent of a system through May 9, 2009. United States. of charter schools that empower new The Clerk read the title of the resolu- The SPEAKER pro tempore. Pursu- immigrants and English language tion. ant to the rule, the gentleman from learners to succeed and live the Amer- The text of the resolution is as fol- Colorado (Mr. POLIS) and the gen- ican Dream, I have seen firsthand how lows: tleman from Delaware (Mr. CASTLE) innovation in the education system can will each control 20 minutes. H. RES. 382 achieve remarkable results. I also co- The Chair recognizes the gentleman founded a charter school serving Whereas charter schools deliver high-qual- from Colorado. ity education and challenge our students to youths who are homeless or in unstable reach their potential; GENERAL LEAVE living conditions, the Academy of Whereas charter schools provide thousands Mr. POLIS. Mr. Speaker, I request 5 Urban Learning. of families with diverse and innovative edu- legislative days during which Members I know how the power of educational cational options for their children; may revise and extend and insert ex- opportunity can transform lives and Whereas charter schools are public schools traneous material on House Resolution serve the most at-risk youth. All of the authorized by a designated public entity that 382 into the RECORD. entrepreneurial creativity around char- are responding to the needs of our commu- The SPEAKER pro tempore. Is there ter schools has been an important part nities, families, and students and promoting objection to the request of the gen- the principles of quality, choice, and innova- of serving all Americans across our tleman from Colorado? country. tion; There was no objection. Whereas in exchange for the flexibility and Today, there are almost 4,700 charter Mr. POLIS. I yield myself such time schools operating in 40 States that autonomy given to charter schools, they are as I may consume. held accountable by their sponsors for im- have charter school legislation, as well Mr. Speaker, I rise today to support proving student achievement and for their fi- as the District of Columbia. Their com- the designation of May 3–May 9, 2009, nancial and other operations; bined force serves over 1.4 million stu- Whereas 40 States, the District of Colum- as ‘‘National Charter Schools Week,’’ and to recognize the growing charter dents, and 61 percent of charter schools bia, and Guam have passed laws authorizing report waiting lists. These waiting lists charter schools; school movement in our Nation. Whereas approximately 4,700 charter The charter school movement is of nearly 365,000 students nationally schools are now serving approximately grounded in the concepts of community are enough to fill over 1,100 new char- 1,400,000 children; empowerment and parental involve- ter schools. To answer this growing Whereas over the last 15 years, Congress ment. The core idea behind charter need, between 300 and 400 new public has provided substantial support to the char- schools is simple, yet powerful; seeking charter schools open each year, and ter school movement through startup financ- to serve the unique needs of all chil- nearly 150,000 new students enroll in ing assistance and grants for planning, im- dren, local communities, parents and charter schools annually. plementation, and dissemination; The growing charter school move- Whereas over 365,000 children are on char- educators come together to design, cre- ter school waiting lists nationally; ate, and manage schools that provide a ment is providing opportunities for Whereas charter schools improve their stu- high quality education through innova- many historically underserved commu- dents’ achievement and can stimulate im- tion, flexibility, autonomy, and a focus nities. Nationally, charter schools dis- provement in traditional public schools; on results. proportionately serve minority and Whereas charter schools must meet the Sometimes people ask me, what is a low-income students. In fact, 58 per- student achievement accountability require- charter school? A charter school is cent of charter school students are mi- ments under the Elementary and Secondary simply a governance model. It is site- norities and 52 percent qualify for free Education Act of 1965 in the same manner as based government, where the decisions and reduced lunch. Many charter traditional public schools, and often set higher and additional individual goals to en- of who runs the school and the cur- schools are able to achieve impressive sure that they are of high quality and truly riculum are left up to the folks most academic results. accountable to the public; directly involved with the outcome. In the charter school that I ran, 85 Whereas charter schools must continually Charter schools date back to 1991, percent of the students are English lan- demonstrate their ongoing success to par- when Minnesota enacted the first char- guage learners. In Colorado, 78 percent

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.033 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5115 of our charters made Adequate Yearly More often than not, charter schools to support and acknowledge charter schools Progress, or AYP, last year, and 55 per- meet the student achievement and ac- and their students, parents, teachers, and ad- cent of charters were rated excellent or countability requirements under No ministrators across the United States for their high. Child Left Behind and in the same ongoing contributions to education and im- In the Second Congressional District manner as traditional public schools, proving and strengthening our public school of Colorado that I represent, over 14,000 but often set higher individual goals to system. students attend one of our 26 charter ensure that they are of high quality Charter schools deliver high-quality edu- schools, and almost 8 out of 10 made and truly accountable to the public. cation, challenge our students to reach their Adequate Yearly Progress. Yet, despite these innovative ap- potential throughout the United States, and Peak-to Peak Charter School in La- proaches and promising reports of pa- provide thousands of families with diverse and fayette was named by Newsweek the rental satisfaction, charter schools innovative educational options for their chil- 40th best high school in the Nation, out across the country have struggled of 27,000 public high schools—quite a dren. Charter schools improve their students’ through a myriad of obstacles to create achievement and can stimulate improvement distinction. It is the only school in Col- such successful schools. orado to rank in the top 100. This fol- in traditional public schools as well. These One such obstacle is State caps that unique, public schools are authorized by a lows Peak to Peak High School’s rec- limit growth. Twenty-six States and ognition by U.S. News and World Re- designated public entity that are responding to the District of Columbia have some the needs of our communities, families, and port as a 2008 Gold Medal School, rank- type of limit or cap on charter school ing 47th in the Nation, and one of only students and promoting the principles of qual- growth. Most caps restrict the number ity, choice, and innovation. two Colorado schools to rank in the top of charter schools allowed, while others 100. restrict the number of students that a Charter schools take a revolutionary approach in educating our nation’s students. b 1330 single school can serve. Caps on char- Today, roughly 4,700 charter schools are now Mr. Speaker, once again, I express ter schools are often the consequence of political tradeoffs and not the result serving approximately 1,400,000 children in 40 my heartfelt support for National states plus the District of Columbia and Puerto Charter Schools Week and encourage of agreement on sound education policy. Rico this year. Charter schools continually all social entrepreneurs and activists demonstrate their ongoing success to parents, across the country to include charter I am pleased that Congress has continued to support the public charter policymakers, and their communities. Some schools in their efforts to improve the charter schools even routinely measure paren- quality of education for young people school programs authorized under No Child Left Behind. These programs pro- tal satisfaction levels while all give parents and recognize the charter school’s new freedom to choose their public school. movement, a 17-year history of provide support at key points in the devel- Charter schools nationwide serve a higher viding a quality public education op- opment of charter schools, helping percentage of low-income and minority stu- tion based on innovation, flexibility, cover the extraordinary costs of dents than the traditional public system and and community partnerships. launching successful charters, dissemi- I urge my colleagues to pass this res- nating their successful innovations to deliver higher quality education. Chartering is olution. other public schools, and providing fi- a radical educational innovation that is moving Mr. Speaker, I reserve the balance of nancial incentives to State govern- states beyond reforming existing schools to my time. ments and private lenders that help en- creating something entirely new. Chartering is Mr. CASTLE. Mr. Speaker, I yield able schools to build and renovate fa- at the center of a growing movement to chal- myself such time as I may consume. cilities. lenge traditional notions of what public edu- Mr. Speaker, I rise today in support These programs have been a tremen- cation means. of House Resolution 382, congratu- dous success, helping to create public Charter schools have demonstrated their lating charter schools and their stu- charter schools all across the country commitment to high academic standards, dents, parents, teachers, and adminis- that work to improve academic small class sizes, innovative approaches and trators across the United States for achievement for low-income students. educational philosophies. Many parents their ongoing contributions to edu- It is my hope that the charter commu- choose charter schools for their small size and cation. nity will continue to build on its 16- associated safety as charter schools serve an This week has been designated as the year history of providing a high-qual- average of 250 students. 10th Annual Charter Schools Week. ity option in public education that is I am pleased that over the last 15 years, And it is entirely appropriate that we based on innovation, freedom from red Congress has provided substantial support to take a few minutes to recognize the tape, and partnership between parents the charter school movement through startup contributions charter schools make and educators, an option that is giving financing assistance and grants for planning, every day in the lives of millions of new hope to disadvantaged and minor- implementation, and dissemination. In addi- children. ity families across the country. tion, these schools have enjoyed broad bipar- Charter schools are innovative public I urge my colleagues to support this tisan support from the Administration, Con- schools with a simple interest in pro- resolution, and I would like to thank gress, State Governors and legislatures, edu- viding a quality education to children Congressman BISHOP, the sponsor of cators, and parents across the United States. in their community. They explore new the legislation who is not able to be educational approaches, such as longer here today, for his sponsorship. The intention of most charter school legisla- school days or an extended school year, Mr. Speaker, I yield back the balance tion is to: increase opportunities for learning and are free from most rules and regu- of my time. and access to quality education for all stu- lations governing conventional public Mr. POLIS. We need to call upon all dents, create choice for parents and students schools. the innovation of the American people within the public school system, provide a sys- Every day, however, charter schools to help meet the learning needs of all tem of accountability for results in public edu- face the unarguable facts of free mar- children. Charter schools provide one cation, encourage innovative teaching prac- ket pressures. Unlike traditional public important avenue to do that. And it is tices, create new professional opportunities for schools, charter schools must dem- with great pride that I ask my col- teachers, encourage community and parent in- onstrate the success of their students’ leagues to join me in supporting Na- volvement in public education, and leverage academic achievements to parents, pol- tional Charter School Week. improved public education broadly. I believe icymakers, and their communities or Ms. JACKSON-LEE of Texas. Mr. Speaker, Charter Schools and the Nations Public face closure. From the time the first I stand before you today in support of H. Res. Schools can work side by side to educate the charter school opened its door, they 382, ‘‘Supporting the goals and ideals of Na- Nations Children! have risen to the challenge. For exam- tional Charter Schools Week, to be held May Competition from charter schools has been ple, charter schools made an important 3 through May 9, 2009’’. I would like to begin shown to increase composite test scores in contribution to rebuilding and by thanking my colleague Representative traditional district schools. Furthermore, twice strengthening Louisiana after Hurri- BISHOP for introducing this resolution in the as many registered voters favor charter canes Rita and Katrina, particularly in House, as quality education should be at the schools as oppose I, them. The more people New Orleans. top of our priorities list. I urge my colleagues learn about charter schools, the more they like

VerDate Nov 24 2008 04:08 May 06, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K05MY7.035 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5116 CONGRESSIONAL RECORD — HOUSE May 5, 2009 them. Congress must lend its support to these our Nation’s continued success and pros- ment. One community college in my schools and their goals, especially since on perity in the global economy of the 21st cen- district, Colorado Mountain College, average, the funding gap between charter tury; and has five campuses spread across the Whereas the American Association of Com- mountain areas to help ensure that schools and traditional schools is 22 percent, munity Colleges, the Association of Commu- or $1,800 per pupil. The average charter nity College Trustees, and more than 1,100 they have presence close to the places school ends up with a total funding shortfall of community colleges nationwide recognize of work and where people live. nearly half a million dollars. Yet, twelve stud- April as National Community College More students are enrolled part-time ies find that overall gains in charter schools Month: Now, therefore, be it in community colleges than full-time. are larger than other public schools; four find Resolved, That the House of Representa- Additionally, community colleges pro- charter schools’ gains higher in certain signifi- tives— vide excellent job training to millions cant categories of schools and six find com- (1) supports the goals and ideals of Na- of Americans who have lost their jobs tional Community College Month; and or who desire more lucrative opportu- parable gains to traditional schools. I ask my (2) congratulates the Nation’s community colleagues for their continued support of Char- colleges, and their students, governing nities. This is particularly critical in ter schools and urge them to support this res- boards, faculty, and staff, for their contribu- these tough economic times. It costs olution. tions to education and workforce develop- almost $2,500 per year to attend a com- Mr. POLIS. Mr. Speaker, I yield back ment, and for their vital role in ensuring a munity college, while it costs over the balance of my time. brighter, stronger future for the Nation. $6,500 a year to attend a 4-year in-state The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- college, on average. question is on the motion offered by ant to the rule, the gentleman from It is vital that community colleges the gentleman from Colorado (Mr. Colorado (Mr. POLIS) and the gen- remain affordable to the millions of POLIS) that the House suspend the tleman from Delaware (Mr. CASTLE) students who attend every year. Fur- rules and agree to the resolution, H. each will control 20 minutes. thermore, community colleges are at Res. 382. The Chair recognizes the gentleman the forefront of innovation. With more The question was taken; and (two- from Colorado. than $100 billion included in the eco- thirds being in the affirmative) the GENERAL LEAVE nomic stimulus package for green job rules were suspended and the resolu- Mr. POLIS. Mr. Speaker, I request 5 opportunities, community colleges are tion was agreed to. legislative days during which Members prepared to provide the type of train- A motion to reconsider was laid on may revise and extend and insert ex- ing necessary to implement our new the table. traneous material on House Resolution green investment and help make sure f 338 into the RECORD. that the renewable energy sector is a strong growing sector with a workforce SUPPORTING NATIONAL The SPEAKER pro tempore. Is there that is ready to take on the positions. COMMUNITY COLLEGE MONTH objection to the request of the gentleman from Colorado? This year, community colleges in our Mr. POLIS. Mr. Speaker, I move to There was no objection. country will award more than 500,000 suspend the rules and agree to the reso- Mr. POLIS. I yield myself such time associate degrees and 270 associate cer- lution (H. Res. 338) supporting the as I may consume. tificates. Countless other students in goals and ideals of National Commu- I rise today in support of House Reso- community colleges will continue their nity College Month. lution 338, which supports the goals education and transfer to 4-year col- The Clerk read the title of the resolu- and ideals of National Community Col- leges and universities. tion. lege Month. This resolution recognizes Community colleges help spur the The text of the resolution is as fol- community colleges all across the economy and provide a skilled work- lows: country for their enormous contribu- force to contribute more than $31 bil- H. RES. 338 tion to educational outcomes and to lion to the Nation’s economy each Whereas there are more than 1,100 commu- workforce development. year. In Colorado’s Second Congres- nity colleges in the United States; Since the first community college, sional District that I have the honor to Whereas there are more than 11,000,000 stu- Joliet Junior College in Joliet, Illinois, represent, Front Range Community dents enrolled in for-credit and not-for-cred- was founded in 1901, community col- College and the Colorado Mountain it programs at community colleges nation- leges have educated more than 100 mil- College are effectively addressing the wide; Whereas in 2009, community colleges in the lion students in the United States. needs of both students and families and United States will award more than 500,000 Community colleges provide a variety employers, and represent an essential associate’s degrees and 270,000 associate’s of roles for students. It is a place to re- component for ongoing economic devel- certificates; ceive an associates degree, to begin a opment as well as our community Whereas community colleges have edu- bachelor’s degree, or for workplace pride. cated more than 100,000,000 people in the training. The American Association of Com- United States since the first community col- With more than 1,100 community col- munity Colleges, the American Asso- lege was founded in 1901; leges in the United States and over 11 ciation of Community College Trust- Whereas community college students are a million students currently enrolled in more diverse group in terms of age, income, ees, and community colleges across the race, and ethnicity than students attending these schools, community colleges pro- country support this bill and this traditional colleges and universities, making vide a high-quality education and re- month. I urge my colleagues to support community colleges essential to providing sources to students coming from wide- the bill as well and would like to thank access to postsecondary education; ly diverse backgrounds. Representative LATHAM for bringing Whereas community colleges enrich and Community colleges enroll a diverse this resolution forward, for community enhance communities across the country, so- student body. In 2000, the United States colleges are instrumental to our Na- cially, culturally, and politically; Department of Education reported that tion’s economy. Whereas community colleges are afford- 31 percent of community college stu- Mr. Speaker, I reserve the balance of able and close to home for most people in the United States; dents were minorities, and 61 percent my time. Whereas community colleges allow many of community college students re- Mr. CASTLE. Mr. Speaker, I yield older students to take courses part-time ceived Pell Grants and met the income myself such time as I may consume. while working full-time, creating opportuni- thresholds to qualify. Mr. Speaker, I rise today in support ties that otherwise would not be available; Community colleges offer a number of House Resolution 338, supporting the Whereas community colleges provide job of advantages for students. The schools goals and ideals of National Commu- training for workers who have lost their jobs maintain affordable tuition at a time nity College Month, and congratu- or are hoping to find better jobs, helping mil- of increasing tuition costs. And for a lating the community colleges for lions of people in the United States support majority of Americans, community themselves and their families; their role in educating the Nation. Whereas community colleges contribute colleges are located conveniently close As a co-chairman of the Congres- more than $31,000,000,000 annually to the Na- to their homes. The close proximity al- sional Community College Caucus and tion’s economic growth and, by helping to lows working students to take courses a member of the House Education and provide a skilled workforce, are critical to part-time while keeping their employ- Labor Committee, I have witnessed the

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MY7.032 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5117 benefits community colleges have to Mr. MILLER of North Carolina. Mr. tile industry, but the textile industry offer. Speaker, like Mr. CASTLE, I am one of has taken one hit after another, a Community colleges serve a diverse the co-Chairs of the House Community small company has grown up now, body of students by providing them College Caucus. And I am also pleased LabCorp, to become the Nation’s sec- with a unique flexibility. Most commu- to join today in honoring our Nation’s ond largest medical testing firm. Sam- nity colleges offer evening courses that community colleges. ples are sent from all over the country allow students to work towards earn- Community colleges provide an af- to be tested at LabCorp in Burlington, ing their degree while working full- fordable close-to-home education to be- Alamance County. One of the leading time to support themselves and their tween 11 and 12 million Americans programs or curricula at the Alamance families. This flexibility allows many every year. Community colleges create Community College is a biotech pro- older working adults to further their opportunities for Americans that they gram. And they have a standing under- education and advance their careers. In just otherwise would not have avail- standing, agreement with LabCorp, fact, the average age of a student at- able to them. that LabCorp will hire everybody who tending community college is 29, and 50 GEDs: for those students who do not comes out of that program who wants percent of full-time students are em- complete high school in the regular to work for LabCorp. ployed part-time and 50 percent of time, in my State at least, the great, b 1345 part-time students are employed full- great majority of students who go back time. to get a GED go back to community The list goes on and on. Community Community colleges’ flexibility also colleges to get it. Sometimes the train- colleges really are where our workers enables students whose cultural tradi- ing is done on campus; sometimes it is are going to need to go to improve tions may encourage them to fulfill done at work sites. But the great ma- their job skills to make sure that our more traditional familial roles and jority of students who do get their Nation remains the most productive may not encourage them to take 4 GED—which is an absolute require- nation on Earth. And if we are going to years to attend a traditional college or ment to having any prospect of getting have the most prosperous economy in university to pursue higher education highly skilled, well-paid jobs, they get the world, we need to have the most or job training while fulfilling familial that training through GEDs. productive workers in the world, and duties. The flexibility of most commu- A great many students spend their community colleges are making that nity colleges helps to draw in a diverse first 2 years in college at community happen. student body, and the relatively low colleges before going on to bacca- Mr. CASTLE. Mr. Speaker, I yield cost of most community colleges pro- laureate degree-granting institutions. back the balance of my time. vides an educational opportunity to Community colleges train for jobs in Mr. POLIS. Mr. Speaker, again I many students who otherwise could a way that really makes jobs available would like to express my appreciation not afford to further their education or to students. They are important for for the work done by community col- careers. employers, and they are important for leges across our country and urge my The average cost of attendance at a workers. No employer is going to move colleagues to support this bill. community colleges is $2,402 per year. into a city, is going to expand oper- Mr. LATHAM. Mr. Speaker, I rise in support This is significantly less than the aver- ations or begin new operations in a of House Resolution 338. age annual cost of attending a 4-year community that does not offer the America’s community colleges continue to public or private university or college kind of job training that a community provide a silver lining to accompany the dark at $6,585 for in-state, and $17,452 for college offers. clouds of economic uncertainty. out-of-state tuition and fees at a public All manner of job skills are taught at Community colleges are uniquely positioned institution, and $25,143, for tuition and community colleges and really do the to retrain displaced workers so they can get fees at a private institution. bulk of the Nation’s work in providing back into the workforce and start earning a Community colleges provide a di- training for those skills: health care paycheck, even as unemployment figures verse body of students from various in- professionals, nurses, phlebotomists, x- across the country continue to climb. They come levels with an opportunity for ray technicians, on and on. The bulk of help breathe life into local economies by giv- education. Students may be working ing workers the expertise they need to excel toward a 2- or 4-year degree, a profes- those students—in North Carolina, at in the job market. sional certification, or furthering their least, and I suspect in much of the Na- At this very moment, our future nurses, careers through job training, learning tion—are at community colleges. Building trades: all of the skills in technicians and manufacturers are gaining the a second language, or attending em- building trades are taught at commu- experience and expertise they need to com- ployer-recommended classes in order to pete in the marketplace through programs of- receive a promotion. Community col- nity colleges. Law enforcement, fire fered by community colleges. leges award approximately 555,000 asso- fighting, other first responders go to These jobs are the backbone of our econ- ciates degrees and approximately community colleges for the skills they 295,000 professional certificates annu- need. And in North Carolina, at least, omy and a central support for millions of ally. In addition, many community col- where we are blessed with one of the American families. They pay well and they leges work closely with their commu- first and best community college sys- come with reliable benefits. And they become nity’s one-stop employment center to tems, there are programs, curricula in even more important during a time of eco- provide skills, training, and other serv- communities that are precisely tai- nomic uncertainty. ices to unemployed or dislocated work- lored to specific needs of that commu- In Iowa—my home state—community col- ers, which is especially important in nity. leges have partnered with government agen- these difficult economic times. Let me give just a couple of exam- cies to organize job fairs that put workers in Community colleges provide innu- ples. In the county I live in, Wake contact with potential employers and boost the merable education opportunities to County, North Carolina, which includes profile of local businesses. Iowa’s community people of all ages, professions, cultures, Raleigh, the eastern end of the county, colleges are strengthening the state’s busi- and stages of life. These institutions the towns of Zebulon, Knightdale and ness climate. They’re laying a foundation that enroll an estimated 11.5 million people Wendell, is an area that includes— will meet the needs of an increasingly com- annually, and open the door to edu- along with counties just east of there— petitive and high-tech workforce well into the cation for people who would otherwise a cluster of 30 or 40 employers that use future. be unable to pursue it. extrusion technology for various rea- Community colleges have also taken great This is why I stand in support of this sons. Extrusion is pulling on plastics strides in renewable energy through resolution, and I ask for my colleagues’ like taffy to shape it. And Wake Tech- groundbreaking programs that provide stu- support. nical Community College established a dents with hands-on experience with the latest Mr. Speaker, I reserve the balance of campus in that part of the county spe- equipment. Graduates of these programs go my time. cifically to train skills used in the ex- to work on high-tech windmills and other inno- Mr. POLIS. Mr. Speaker, I would like trusion industries. vative technology. to yield 4 minutes to the gentleman In Alamance County, which for 100 These are truly the jobs of the future, and from North Carolina (Mr. MILLER). years has been dominated by the tex- I’m proud that several community colleges in

VerDate Nov 24 2008 03:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\K05MY7.039 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5118 CONGRESSIONAL RECORD — HOUSE May 5, 2009 Iowa are leading the way. These programs are will award, to these young minds, more than nomic growth. In Cochise County, the College laying the foundation for a new era of energy 500,000 associate’s degrees and 270,000 as- is the 10th largest employer in the county. efficiency and environmental responsibility that sociate’s certificates. The students are a more Cochise College strives to educate students will benefit everyone in America. diverse group in terms of age, income, race, with transferable degrees and direct-employ- Community colleges provide a wealth of and ethnicity than students attending tradi- ment training, which are important tools in a benefits to the people they serve. They im- tional colleges and universities, making com- competitive job market such as this. As South- prove the quality of life in their communities. munity colleges essential to providing access eastern Arizona continues to grow, the Col- They prepare workers for the job market, and to postsecondary education. lege’s role becomes ever so important to our they are often laboratories of innovation. Our They allow many older students to take community’s development. communities rely on the economic spark they courses part-time while working full-time, cre- I am proud to celebrate National Community provide—especially in the midst of hard times. ating opportunities that otherwise would not be College Month by recognizing the integral role It’s imperative that we provide these institu- available and are affordable and close to community colleges play in our evolving soci- tions the resources they need to continue their home for most people in the United States. ety. mission. Community colleges have proven that Community colleges provide job training for Ms. GIFFORDS. Mr. Speaker, I am honored they get results. They improve lives. They workers who have lost their jobs or are hoping today to celebrate April as National Commu- strengthen communities. to find better jobs, helping millions of people in nity College Month with my support of H. Res. I have the utmost confidence in the hard the United States support themselves and 338, ‘‘Supporting the Goals and Ideals of Na- work and resiliency of the American people. their families. tional Community College Month.’’ Without doubt, we will recover from this eco- I am here before you today supporting the More than 11 million students are enrolled nomic downturn. And I’m just as certain that goals and ideals of National Community Col- in for-credit and not-for-credit programs at our community colleges will help us get there. lege Month, and urging my fellow members to community colleges nationwide, and in my dis- Ms. JACKSON-LEE of Texas. Mr. Speaker, do the same. Let us, as a Congress, and as trict alone, over 73,000 students attend Pima I rise today in strong support of H. Res. 338, a country, congratulate the Nation’s commu- Community College in Tucson, Arizona. ‘‘Supporting the goals and ideals of National nity colleges, and their students, governing Community colleges are essential to ex- Community College Month’’. I would like to boards, faculty, and staff, for their contribu- panding access to postsecondary education to thank my colleague Representative TOM tions to education and workforce development, a more diverse population than traditional col- LATHAM for introducing this resolution, as well and for their vital role in ensuring a brighter, leges and universities. Pima Community Col- as the co-sponsors. The American Association of Community stronger future for the Nation. lege exemplifies that mission with a student Colleges, the Association of Community Col- Mr. SIRES. Mr. Speaker, first, I would like to profile compiled of 56% women and 42% eth- lege Trustees, and hundreds of community thank Congressman LATHAM and my col- nic minorities. colleges nationwide recognize April as Na- leagues, for introducing H. Res. 338 honoring Since 1969, Pima Community College has tional Community College Month. They have community colleges. I have long supported provided an affordable and convenient edu- many achievements to celebrate. these institutions for the professional education by offering child care, job placement as- There are over 1100 community colleges in cation they provide their students and I am sistance, financial aid, and other support serv- our nation, enrolling over 11 million students happy to honor them today. ices. As University fees continue to rise and nationwide. Since the first community college Community colleges in New Jersey serve more people return to school in an increas- was founded in the United States, over a cen- over 150,000 students at 19 campuses. ingly competitive job market, the College’s role tury ago, community colleges have educated They offer their students a broad array of becomes ever so important to our commu- more than 100 million American minds, mak- certificate and associate degree programs— nity’s development. ing incalculable contributions to our country from business management to nursing, and I am proud to celebrate National Community and population. To this day, they contribute engineering to philosophy. College Month by recognizing the integral role more than $31 billion annually to the Nation’s That is why, as Assembly Speaker in New community colleges play in our evolving soci- economic growth and, by helping to provide a Jersey, I created the STARS program that al- ety. skilled workforce, are critical to our Nation’s lowed star high school students to attend any Mr. POLIS. Mr. Speaker, I yield back continued success and prosperity in the global community college in New Jersey for free. the balance of my time. economy of the 21st century. Now that program has been expanded to The SPEAKER pro tempore. The I know about this from the achievements of allow these students to attend a four-year col- question is on the motion offered by my district, and the work done by among the lege after two high-performing years at their the gentleman from Colorado (Mr. finest of academic institutions—Houston Com- community college. I recognized the great POLIS) that the House suspend the munity College. Founded in 1971, under the education these institutions provide to stu- rules and agree to the resolution, H. wing of the Houston Independent School Dis- dents and I wanted to ensure that they re- Res. 338. trict—for example, initially using the district’s mained a viable option for future students. The question was taken. campuses to teach night classes. In 1997 they Community colleges play a vital role in our The SPEAKER pro tempore. In the began to transfer operations to community col- communities and for the students who attend opinion of the Chair, two-thirds being lege district-operated campuses throughout them. I am proud to show my support for in the affirmative, the ayes have it. the college’s service area. these fine institutions and H. Res. 338. Mr. POLIS. Mr. Speaker, on that I Today, they offer students a wide array of Ms. GIFFORDS. Mr. Speaker, I am honored demand the yeas and nays. academic and work programs, from account- today to celebrate April as National Commu- The yeas and nays were ordered. ing to fine arts, as well as stimulating pro- nity College Month with my support of H. Res. The SPEAKER pro tempore. Pursu- grams such as the Spring Branch Business 338, ‘‘Supporting the Goals and Ideals of Na- ant to clause 8 of rule XX and the Plan Competition—learning and career oppor- tional Community College.’’ Chair’s prior announcement, further tunities found across the city of Houston and As the largest rural college district in the proceedings on this motion will be the surrounding area, in six different colleges. state, Cochise College has served the area of postponed. Perhaps, most notably, the Houston Com- Southeastern Arizona since 1964. With mul- f munity College System operates a television tiple campuses and learning centers in Doug- CONGRATULATING THE NATIONAL channel called HCCTV, which stands for las, Sierra Vista, Benson, Willcox, Fort CHAMPION UNIVERSITY OF Houston Community College Television, which Huachuca, and Nogales, Cochise educates NORTH CAROLINA MEN’S BAS- began in 1994. It is aired on a number of local about 14,000 students a year. KETBALL TEAM cable channels and streamed on the Internet, Community colleges are essential to ex- operating with a studio complex, which has panding access to postsecondary education to Mr. POLIS. Mr. Speaker, I move to one large studio unit, five edit suites, and a those who might not normally benefit from tra- suspend the rules and agree to the reso- digital master control system, all of which are ditional colleges and universities. As a mem- lution (H. Res. 348) congratulating the located at the HCC headquarters. Just this ber of the Servicemembers Opportunity Col- University of North Carolina men’s past Saturday, I attended HCC’s graduation in leges consortium, Cochise College offers tai- basketball team for winning the 2009 Houston. It was a tribute to how community lored learning to active-duty or retired NCAA Division I Men’s Basketball Na- colleges can change lives. servicemembers and their families. tional Championship. This is only one community college. In Furthermore, community colleges contribute The Clerk read the title of the resolu- 2009, community colleges in the United States over $31 billion annually to the Nation’s eco- tion.

VerDate Nov 24 2008 03:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MY7.018 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5119 The text of the resolution is as fol- (1) congratulates the national champion his profession. Since he came to Caro- lows: North Carolina Tar Heels for their historic lina as head coach in 2003, the Tar win in the 2009 National Collegiate Athletic H. RES. 348 Heels have won two NCAA champion- Association Division I Men’s Basketball ships, four Atlantic Coast Conference Whereas, on April 6, 2009, the University of Championship; North Carolina Tar Heels defeated the Michi- (2) recognizes the achievements of the regular season championships, and two gan State University Spartans 89–72 in the players, coaches, students, and support staff ACC tournament championships. The finals of the National Collegiate Athletic As- who were instrumental in helping the Uni- 2008–2009 season marks their third con- sociation (NCAA) Division I Men’s Basket- versity of North Carolina Tar Heels win the secutive 30-win season. ball Tournament in Detroit, Michigan; tournament; and Like the whole community of Caro- Whereas the Tar Heels now hold 6 men’s (3) directs the Clerk of the House of Rep- lina basketball fans, I’m exceedingly basketball national titles, including 5 NCAA resentatives to make available enrolled cop- proud of this entire team—the players, tournament titles, tied for the third most in ies of this resolution to University of North the coaches, and the staff—for their NCAA history; Carolina Chancellor Holden Thorp, Athletic Whereas the Tar Heels have won men’s bas- Director Dick Baddour, and Head Coach Roy outstanding performance in the Na- ketball national championships in 1924, 1957, Williams for appropriate display. tion’s most competitive and most watched college athletics tournament. 1982, 1993, 2005, and 2009 and have played in a The SPEAKER pro tempore. Pursu- In addition to their on-court success, record 18 ‘‘Final Fours’’; ant to the rule, the gentleman from Whereas Tar Heels head coach and Ashe- the team has consistently shown aca- Colorado (Mr. POLIS) and the gen- ville, North Carolina, native Roy Williams demic commitment, appreciation to tleman from Delaware (Mr. CASTLE) won his second NCAA title in his sixth year their fans, good sportsmanship toward each will control 20 minutes. coaching the team, improving to 594–138 in 21 their opponents, and respect for the seasons as a head coach, and has the highest The Chair recognizes the gentleman game of basketball. I’m particularly winning percentage of any active coach in from Colorado. proud that Inside Higher Education men’s basketball; GENERAL LEAVE Whereas Coach Williams and his coaching also crowned UNC its national cham- staff, including Assistant Coaches Joe Holla- Mr. POLIS. Mr. Speaker, I request 5 pion in its annual academic NCAA day, Steve Robinson, and C.B. McGrath, as legislative days during which Members tournament, signifying that UNC has well as each trainer, manager, and staff may revise and extend and insert ex- the single best academic performance member, deserve praise and credit for their traneous material on House Resolution rate of any NCAA tournament team. outstanding dedication to helping the North 348 into the RECORD. These coaches and players have ably Carolina Tar Heels reach the summit of col- The SPEAKER pro tempore. Is there lege basketball; upheld the tradition of excellence— objection to the request of the gen- both on the court and in the class- Whereas Tar Heel seniors Tyler tleman from Colorado? Hansbrough, Danny Green, Mike Copeland, room—established by legendary coach- Bobby Frasor, Marcus Ginyard, Patrick There was no objection. es Dean Smith and Bill Guthridge and Moody, J.B. Tanner, and Jack Wooten cele- Mr. POLIS. Mr. Speaker, I yield the now continued by Roy Williams. brated 4 years at North Carolina with a Na- balance of my time to the sponsor of As an alumnus and Chapel Hill resi- tional Championship, and became the the bill, the gentleman from North dent, this program and most recent winningest class in the 99-year history of the Carolina (Mr. PRICE), and I ask unani- championship make me very proud. University of North Carolina men’s basket- mous consent that he be allowed to These are my friends and neighbors— ball program; control that time. Whereas Tar Heel junior Wayne Ellington Joan Ewing, my dear friend and former The SPEAKER pro tempore. Without district director, is Dean Smith’s sis- was named Most Outstanding Player of the objection, the gentleman from North tournament, averaging 19.2 points per game; ter—and it is my honor to represent all Whereas Tar Heel junior Ty Lawson and Carolina (Mr. PRICE) is recognized. of them in Congress. senior Tyler Hansbrough joined Wayne There was no objection. But this year other alumni and I Ellington on the all-tournament team, along Mr. PRICE of North Carolina. Mr. were not the only fans in Washington with Spartans players Kalin Lucas and Speaker, I yield myself such time as I cheering the Tar Heels from afar. Goran Suton; may consume. President Obama himself picked Caro- Whereas the roster of the North Carolina I rise in support of House Resolution lina to bring home the title and played Tar Heels also included juniors Marc Camp- 348, congratulating the University of a pickup game with the team last bell and Deon Thompson; sophomore Will North Carolina men’s basketball team Graves; and freshmen Ed Davis, Larry Drew spring before the North Carolina pri- II, Justin Watts, and Tyler Zeller; for winning the 2009 NCAA Division I mary election. It’s important to note Whereas the Tar Heels set a record for the National Championship. I am pleased that he did so while employing a most points in one half of a Championship to have the support of the entire North former Duke basketball player as his game with 55, and Tar Heel point guard Ty Carolina delegation as original cospon- closest personal aide. As the Member of Lawson set a record for the most steals in a sors of this resolution. this institution who represents both in- Championship game with 8; The University of North Carolina at stitutions and a Carolina alumnus who Whereas the North Carolina Tar Heels fin- Chapel Hill is a special place to the en- teaches at Duke, I can only salute such ished the 2008–2009 season with 34 wins and 4 tire State of North Carolina and, as the losses, completing their third consecutive 30 a feat of athletic bipartisanship with win season; Nation’s first public university, has great admiration! It’s very reassuring Whereas the Tar Heels won their second long been a beacon of light and liberty to have this display coming from our National Championship in 5 years; in the South. The academic tradition new President. Whereas the Tar Heel players, coaches, and of excellence and unyielding commit- So, colleagues, I urge the House to staff are outstanding representatives of the ment to public service is what drew me join President Obama and the North University of North Carolina, the oldest pub- across the mountains from Tennessee Carolina delegation in celebrating the lic university in the country and a distin- to Chapel Hill 50 years ago and largely Tar Heels. This is an institution and guished leader in higher education that is shaped my life’s further course. consistently ranked among the Nation’s top team who are worthy of our praise; not universities in academic performance; This year’s success caps a remark- only because they found success, but Whereas the Tar Heels showed tremendous able history. UNC has played in a because they did it the right way, the dedication to their team, appreciation to record 18 Final Fours and won the Carolina way. their fans, sportsmanship toward their oppo- NCAA National Championship in 1957, Hark the sound and go Heels. nents, and respect for the game of basketball 1982, 1993, 2005, and 2009. Mr. CASTLE. Mr. Speaker, I yield throughout the 2009 season, maintaining the While Head Coach Roy Williams in- myself such time as I may consume. tradition of excellence established by leg- herited a first-class program, he de- I would like to congratulate the Uni- endary coach Dean Smith; and serves special credit for the excep- versity of North Carolina Tar Heels. I Whereas residents of the Old North State and North Carolina fans worldwide are to be tional success and character of his don’t have the same level of connection congratulated for their long-standing sup- teams. Coach Williams, who is a native with North Carolina as does Mr. PRICE, port, perseverance, and pride in the team: of the mountains of North Carolina, but I did pick them in my basketball Now, therefore, be it has the highest winning percentage of pool, which I didn’t win, by the way, Resolved, That the House of Representa- any active coach in men’s basketball, but at least I won on that aspect of it; tives— and unquestionably sits at the top of so I congratulate them for that.

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.041 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5120 CONGRESSIONAL RECORD — HOUSE May 5, 2009 Mr. Speaker, I yield such time as he someone here with absolutely unmixed States such as my State of Delaware may consume to Mr. LATHAM. He, too, loyalties who could speak in favor of and other places that the North Caro- will congratulate North Carolina, but this resolution. lina graduates have gone. North Caro- he wants to comment on the previous The men’s basketball team this year lina is in its third century. It has 71 bill, which, unfortunately, he couldn’t was an exceptional group of athletes. bachelor’s, 107 master’s, 74 doctorate, quite get here for, on community col- The starting five, Tyler Hansbrough, and four professional degree programs, leges. Deon Thompson, Ty Lawson, Wayne and they’re all very important for the (Mr. LATHAM asked and was given Ellington, Danny Green, others coming future of North Carolina and for Amer- permission to revise and extend his re- off the bench, Bobby Frasor, Ed Davis, ica. marks.) Tyler Zeller, others, was an extraor- So we offer our congratulations to Mr. LATHAM. I thank the gentleman dinary group of athletes. There was no the entire University of North Caro- for yielding. doubt that they would be at the Final lina, to their athletic department as I want to commend the gentleman Four in the mix for the title through- well as the basketball team, and obvi- from North Carolina on his resolution out the season. ously the academic school for all the and congratulate the Tar Heels, and I Mr. PRICE has already mentioned the great work which they have done. They rise in support of his resolution. frequency with which my university are a shining example for the rest of us I was detained a few moments ago on has won the national championship, in this country. the previous resolution here. I had a but it bears repeating: 1957, 1982, 1993, Mr. Speaker, I yield back the balance group of very bright, young eighth 2005, and 2009 the University of North of my time. graders from Garner-Hayfield, Iowa, on Carolina has won the championship. b 1400 the east steps out here. But the pre- But beyond just that accomplishment, viously discussed resolution was mine, that athletic accomplishment, we have Mr. PRICE of North Carolina. Mr. honoring the National Community Col- done it with a basketball program that Speaker, I yield 3 minutes to my college Month, and I just want to make we can be proud of. Our academic league from the Seventh District of sure in the RECORD that it reflects how standards have remained high. Our North Carolina and yet another UNC important I believe our community graduation rate for our basketball alumnus, MIKE MCINTYRE. colleges are as far as economic growth players, for our athletes is exception- (Mr. MCINTYRE asked and was given and prosperity for the future and how ally high. Dean Smith, a revered figure permission to revise and extend his re- important a role that they play as far in college athletics, in addition to marks.) as giving individuals in this difficult being the coach of the men’s basketball Mr. MCINTYRE. Mr. Speaker, I rise economy the opportunity to be success- team for many years, in the 1960s when today in strong support of House Reso- ful, to have real careers. it was not such an easy thing to do, led lution 348, a resolution congratulating The community colleges today are with one of the leaders of the fight for my alma mater, University of North where the rubber meets the road. I’m racial justice in North Carolina, some- Carolina, men’s basketball team for very proud to be co-chairman of the thing that I think all North Carolina winning the 2009 NCAA Division I Community College Caucus, and I just graduates can be proud of. Men’s Basketball National Champion- want to introduce my formal state- I am proud that we have those ban- ship. ment into the RECORD. But I did want ners hanging in the rafters that I men- I can tell you as an undergraduate, to come to the floor to congratulate tioned, 1957, 1992, 1993, 2005, and 2009, who was in the class of Phil Ford, as my good friend from North Carolina but I’m even more proud of knowing many of our friends will remember, but also to speak to the National Com- that we will never have to take those who had the famous four-corners of- munity College Month. banners down. We will never hear from fense under Coach Dean Smith and as Mr. PRICE of North Carolina. Mr. the NCAA that we have violated the one who also went to law school at Speaker, I thank the gentleman. rules so flagrantly that we have to give University of North Carolina when I am now pleased to yield such time our banners back. Sam Perkins and several other fellows, as he may consume to my friend and I am proud of this year’s team. I’m James Worthy and Matt Doherty, were colleague, another UNC alumnus, BRAD proud of our men’s basketball program. all involved in the program, we saw MILLER of the 13th District of North I’m proud of my university. And I urge some great years of basketball and Carolina. all Members to vote for this resolution. Final Fours. And throughout, I know Mr. MILLER of North Carolina. Mr. Mr. CASTLE. Mr. Speaker, I yield my life and the lives of many of us who Speaker, I am pleased to join my col- myself such time as I may consume. have gone to the University of North league DAVID PRICE to speak in favor, I thought somebody who’s not from Carolina, folks from all over—not just to take the pro side of this debate. North Carolina should say something the State—but the Nation indeed, we I am a graduate of the University of nice about North Carolina basketball take great pride in the winning tradi- North Carolina at Chapel Hill. I spoke in North Carolina, and I have a full tion that we all have personally wit- a moment ago about the importance of statement, which I will submit. nessed throughout the years by the community colleges in creating oppor- But I just want to congratulate the University of North Carolina basket- tunities for people who otherwise team and the university. And it’s hap- ball team. would not have them. That is emphati- pened a lot before. We all know the ex- In fact, both of my sons, Stephen and cally true for me and, for the Univer- cellence of North Carolina basketball. Joshua McIntyre, are now in law sity of North Carolina, the role it has This is their sixth national title. Roy school at Carolina and were under- played in my life. I could not be a Williams has won twice now in his 6th graduates when Carolina won its first Member of this body if it were not for year in coaching the team, improving title under Roy Williams just a few the opportunities that the University to 594 wins and 138 losses in 21 seasons years ago in St. Louis, when we were of North Carolina, my State univer- as a head coach, which gives him the there to watch the March to the Arch. sity, created for me and creates for highest winning percentage of any ac- And I had the great pleasure to be in thousands of middle class kids from tive coach in men’s basketball. The in- Detroit for the Final Four to witness North Carolina, kids from the middle dividual players who are graduating Carolina win this championship by our class, people who are from families this year excelled, obviously, and they great coach, Roy Williams, his wonder- that are struggling to get into the mid- deserve a tremendous amount of credit. ful assistants and, of course, the great dle class. Junior Wayne Ellington was the Most players for the Carolina team. I do trust my friend and colleague of Outstanding Player. He, too, deserves a The precedent that has been set by longstanding from North Carolina, great deal of credit. Dean Smith, the great tradition that DAVID PRICE, also a graduate of the And to our friends from North Caro- he had, the wonderful work that Coach University of North Carolina. I know lina, I also recognize the academics of Roy Williams clearly has done, sends a that he also has been a professor at a the institution and the great work strong message that success can be nearby institution of lesser reputation, which they have done not only for the found through dedication and hard so I wanted to make sure there was State of North Carolina but other work. In fact, I would say that they

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.043 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5121 have shown that despite all difficulties offering this resolution, and I strongly great UNC institution in bringing this team faced when they were chosen support it. home a national championship. as preseason number one, and every- As an alumnus of the University of I think for people who have played body expected them to win the cham- Kentucky, a frequent rival of the Tar basketball, you can really appreciate pionship—but then they went through Heels on the basketball court and a fre- what it takes, the pressures that are on difficult times—but then they came quent national champion itself, we rec- those young men anywhere from 18 to back and proved that, indeed, they ognize that excellence of the North 21 years of age, tremendous pressure were the national champions. It Carolina basketball program and its over a full season and in several weeks showed that the three Ds in the real great coach, who has distinguished leading to a championship where every world, dreams, dedication and deter- himself in so many different ways. game is a championship game. All you mination, lead to success such as this So from the SEC, we want to con- have to do is lose one game and you are Tar Heel team found in winning the na- gratulate the ACC and particularly the out. tional championship. University of North Carolina for the I don’t know of any greater pressure Having a dream, being dedicated to it great season and the great seasons that that a young person can have, and yet as those players worked and worked, that school has had. they showed the kind of class, the kind despite the difficulty, the coaching I resided in Franklin, North Carolina, of strength, tremendous will. A lot of staff worked, the managers that sup- back in 1957, 1958, working at a radio congratulations go to the coach, to the ported the team, and then they came station in Franklin, and that was the university and especially to those together through that dedication to time when the State was developing young men. that dream, they were determined to the Research Triangle, which has been Let me thank my colleague for bring- prove they, indeed, were the number a sterling program for the Nation and ing this resolution forward. I encour- one team in the Nation. That they did the home of these great universities age all of my colleagues to join in sup- in Detroit. that populate that part of North Caro- porting this resolution and congratu- I cannot say enough about the great lina and what a great amount of lating an outstanding group of young program that this is in terms of what progress the State has made in those men from all over the country who it exemplifies in terms of the values of years. came to North Carolina to go to school, teamwork, commitment, loyalty, cour- So I count myself a great admirer of to get an education and play a sport age and being able to stand up against the State of North Carolina and espe- that allowed them to get an education. I think folks begin to forget some- adversity. It sends a strong message of cially of this basketball program, times what we are talking about are success that others can emulate in which has meant so much to the young student athletes. They are students other programs around this country; people going through that great uni- first and then athletes. I thank you for and it speaks to young people every- versity. It exemplifies, I think, the ex- doing this resolution. I am proud to where. Five NCAA championships for cellence of that system, that school. have an opportunity to join him in con- the University of North Carolina, plus So I stand here, from the University gratulating these young men and the the championship, a national cham- of Kentucky, and we have had our alums for that. pionship prior to when the NCAA was knocks the past few years; but watch out, we’re coming back. I would close by saying that my formed. So, really, six national cham- daughter had our first grandson, she pionships have been won now by the I want to congratulate DAVID and all the Carolinians who are supporting was a graduate, undergraduate, grad- men’s basketball team. uate school and law school, and the On behalf of the United States Con- this resolution and add one more voice, first thing she taught him to say was gress, let me join my colleagues in say- this time from the SEC, in congratula- ‘‘Go Heels.’’ She didn’t even get him to ing, and as a proud fellow alumnus of tions to UNC. say, ‘‘I am glad to see you, the University of North Carolina and Mr. PRICE of North Carolina. Madam Speaker, I want to thank my colleague Grandaddy.’’ It was ‘‘Go Heels.’’ as one who has family members attend- Mr. CASTLE. Madam Speaker, I urge ing the University of North Carolina from Kentucky, knowing him and how much he knows and cares about bas- everybody to support this resolution, now, we are very proud of our Tar and I yield back the balance of our Heels. The citizens of North Carolina ketball and knowing about that Ken- tucky tradition. Those words really time. and the United States Congress are Mr. PRICE of North Carolina. Madam mean a great deal coming from him. I proud of the exemplary role that they Speaker, I appreciate the comments of think we are all grateful. have played in college sports and the my colleague. As you might guess, Now I yield 3 minutes to yet another example they have set for our Nation. from what he said and the way he Carolina Representative from the Sec- God bless the Tar Heel boys. looks, he knows whereof he speaks ond Congressional District, BOB Mr. CASTLE. Madam Speaker, I had when he talks about playing basketball ETHERIDGE. yielded back the balance of my time, at the collegiate level. Mr. ETHERIDGE. I thank my col- but the distinguished gentleman from So we are grateful for these words of league from the Fourth District for Kentucky has arrived and would like 2 support and commend this resolution yielding. He has the great privilege, my minutes. to all of our colleagues. I ask unanimous consent to yield him colleague from Kentucky, he has the I yield back the balance of our time. 2 minutes. great privilege of representing an out- The SPEAKER pro tempore (Ms. The SPEAKER pro tempore. Is there standing university in academics and BALDWIN). The question is on the mo- objection to the request of the gen- research and now a school that has tion offered by the gentleman from tleman from Delaware? added to their joy with another na- Colorado (Mr. POLIS) that the House There was no objection. tional championship. But as my col- suspend the rules and agree to the reso- Mr. CASTLE. Before he starts, I am league from Kentucky said, I think all lution, H. Res. 348. just surprised that the gentleman from of us need to keep it in perspective. The question was taken. North Carolina didn’t object to some- We are awful proud of the Tar Heels The SPEAKER pro tempore. In the body representing Kentucky basketball because they showed what, really, ath- opinion of the Chair, two-thirds being speaking, but Mr. ROGERS is a distin- letics are about: tenacity, having a in the affirmative, the ayes have it. guished gentleman. commitment for excellence and strong Mr. PRICE of North Carolina. Madam I yield 2 minutes to the gentleman academics. UNC is one of those institu- Speaker, I object to the vote on the from Kentucky (Mr. ROGERS). tions that anchors the corner through ground that a quorum is not present Mr. ROGERS of Kentucky. Thank the Research Triangle, one of the fine and make the point of order that a you, Mr. CASTLE, for yielding me this research universities in this country quorum is not present. time. and one of the regions that employs an The SPEAKER pro tempore. Pursu- I couldn’t let this opportunity pass awful lot of our people. ant to clause 8 of rule XX and the without congratulating the University So we are awful proud of the young Chair’s prior announcement, further of North Carolina, the Tar Heels, and men who come to North Carolina, who proceedings on this motion will be my friend and colleague, Mr. PRICE, for have added to the reputation of that postponed.

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.045 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5122 CONGRESSIONAL RECORD — HOUSE May 5, 2009 The point of no quorum is considered teer community service and service-learning: than 100 countries. Over the past 21 withdrawn. Now, therefore, be it years, Global Youth Service Days has Resolved, That the House of Representa- brought together more than 40 million f tives— (1) recognizes and commends the signifi- people in thousands of communities SUPPORTING GLOBAL YOUTH worldwide. SERVICE DAYS cant contributions of youth of the United States and encourages the cultivation of a The benefits of service for young peo- Mr. POLIS. Madam Speaker, I move civic bond between young people dedicated ple are countless. High quality semes- to suspend the rules and agree to the to serving their neighbors, their commuter-long service learning, when used as resolution (H. Res. 353) supporting the nities, and the Nation; a teaching and learning strategy that goals and ideals of Global Youth Serv- (2) supports the goals and ideals of Global integrates meaningful community ice Days. Youth Services Days 2009; and service with academic curriculum, in- The Clerk read the title of the resolu- (3) calls on the citizens of the United States to— creases students’ cognitive engage- tion. (A) observe the day by encouraging youth ment, motivation to learn, school at- The text of the resolution is as fol- to participate community service and serv- tendance and academic achievement. lows: ice-learning projects and by joining them in Opportunities like Global Youth H. RES. 353 such projects; Service Day provide avenues for youth Whereas Global Youth Service Days is an (B) recognize the volunteer efforts of the to apply their knowledge, idealism, en- annual public awareness and education cam- young people of the United States through- ergy, creativity and unique perspec- paign that highlights the valuable contribu- out the year; and tives to improve local communities by tions that young people make to their com- (C) support the volunteer efforts of young addressing critical issues such as pov- munities year-round; people and engage them in meaningful community service, service-learning, and deci- erty, hunger, illiteracy, education, nat- Whereas the goals of Global Youth Service ural disasters, climate change and Days are to— sion-making opportunities today as an in- (1) mobilize the youth of the United States vestment in the future of the United States. more. Past Global Youth Service Days to identify and address the needs of their The SPEAKER pro tempore. Pursu- have taken place in the United States communities through community service ant to the rule, the gentleman from as well as around the world. and service-learning opportunities; Colorado (Mr. POLIS) and the gen- In Colorado’s Second Congressional (2) support young people in embarking on a tleman from Delaware (Mr. CASTLE) District that I have the honor to rep- lifelong path of volunteer service and civic each will control 20 minutes. resent, the weekend before last I cele- engagement; and The Chair recognizes the gentleman brated Global Youth Service Days with (3) educate the public, the media, and pol- from Colorado. Project YES in Lafayette, which icymakers about contributions made by young people as community leaders through- GENERAL LEAVE hosted one of 75 major worldwide out the year; Mr. POLIS. Madam Speaker, I re- events and joined over 600 volunteers, Whereas Global Youth Service Days, a pro- quest 5 legislative days during which who helped out Boulder County organi- gram of Youth Service America, is the larg- Members may revise and insert extra- zations such as the Emergency Family est service event in the world and in 2009 is neous materials on H. Res. 353 into the Assistance Association, Kids’ Park in being observed for the 21st consecutive year RECORD. Lafayette, Sister Carmen Community in the United States and for the 10th year in The SPEAKER pro tempore. Is there Center and several local schools. I was more than 100 countries; objection to the request of the gen- thrilled to see the motivation and ex- Whereas young people in the United States and in many other countries are providing tleman from Colorado? citement that these young people had more volunteer service to their communities There was no objection. for improving our communities. than in any other generation in history, Mr. POLIS. Madam Speaker, I yield Young people and teachers in Tarija, thereby demonstrating that children and myself as much time as I may con- Bolivia, addressed the public health youth not only represent the future of the sume. issues surrounding unsanitary drinking world, but are also leaders and assets today; Madam Speaker, I rise today in sup- water. Young people and teachers in Whereas recent research shows that high port of House Resolution 353, a resolu- Kuchinarai, Thailand, engaged 55 chil- quality, semester-long service-learning, tion to support the goals and ideals of dren who were orphaned by AIDS in a when used as a teaching and learning strat- Global Youth Service Days. week-long summer camp focused on egy that integrates meaningful community Global Youth Service Days is an an- service with academic curriculum, increases education, life skills, leadership, and students’ cognitive engagement, motivation nual global event that highlights and self-esteem. to learn, school attendance, and academic celebrates the ongoing contributions of Both young people and their commu- achievement scores; youth to their communities through nities benefit greatly from expanded Whereas a fundamental and conclusive cor- volunteer service and service learning. opportunities for youth to engage in relation exists between youth service, char- Just last month, President Obama community service and service learn- acter development, lifelong adult volun- signed the Edward M. Kennedy Serve ing. teering, philanthropy, and other forms of America Act, which reauthorized pro- Madam Speaker, this resolution civic engagement; grams that support national and com- Whereas community service and service- serves to recognize and commend the learning provide opportunities for youth to munity service, including the goal of significant contributions of the youth apply their knowledge, idealism, energy, cre- tripling the number of youth volun- of the United States and to support the ativity, and unique perspectives to improve teers in our communities. goals and ideals of Global Youth Serv- local communities by addressing critical Service learning extends the class- ice Days 2009 internationally. issues such as poverty, hunger, illiteracy, room into the community. It provides I would like to thank Representative education, natural disasters, climate change, young people with the opportunity to DELAURO for introducing this legisla- and many others; give back locally, as well as offer real- tion, and I urge my colleagues to sup- Whereas a growing number of Global life applications to prepare them for port the bill. Youth Service Days projects involve youth their lives. working collaboratively across national I reserve the balance of my time. Global Youth Service Days takes boundaries to address global issues, to in- b 1415 crease intercultural understanding, and to that one step further by promoting promote the sense that they are global citi- projects that encourage youth to work Mr. CASTLE. I yield myself such zens; collaboratively across national bound- time as I may consume. Whereas Global Youth Service Day engages aries to address global issues, to in- I rise in support of House Resolution millions of young people worldwide with the crease intercultural understanding and 353, a Resolution Supporting the Goals support of 50 International Coordinating to promote the sense that they are and Ideals of Global Youth Service Committee member organizations, over 150 global citizens. Days. Organized by Youth Service U.S. National Partners, 75 local and state- Global Youth Service Days is the America, the National Youth Leader- wide Global Youth Services Days lead agencies, and thousands of local organizers; and largest service event in the world, and ship Council, and Global Youth Action Whereas both young people and their com- in 2009 it’s being observed for the 21st Network, and sponsored in the United munities will benefit greatly from expanded consecutive year in the United States, States by the State Farm Companies opportunities for youth to engage in volun- as well as for the 10th year in more Foundation, Global Youth Services

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.047 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5123 Day provides young people with an im- by Youth Service America, with the POLIS) that the House suspend the portant opportunity to serve their National Youth Leadership Council and rules and agree to the resolution, H. local communities around the world. the Global Youth Action Network, Res. 353. Held every year during one weekend highlighting the valuable contributions The question was taken. in April, over 100 countries participate that young people make to their com- The SPEAKER pro tempore. In the in Global Youth Service Days. This munities all year long. opinion of the Chair, two-thirds being year, young people from around the The goals of Global Youth Service in the affirmative, the ayes have it. world rolled up their sleeves and Day are to mobilize youth as leaders in Mr. POLIS. Madam Speaker, I object partnered with various nonprofits and identifying and addressing the needs of to the vote on the ground that a faith-based organizations to dedicate their communities, to support youth in quorum is not present and make the their time during the weekend of April community service and civic engage- point of order that a quorum is not 24 through April 26. Some past events ment, and to educate the public, the present. include the following projects: media, and the policymakers about the The SPEAKER pro tempore. Pursu- In Corona, California, youth studied year-round contributions of young peo- ant to clause 8 of rule XX and the and delivered reports on local areas’ ple to their communities. Chair’s prior announcement, further disaster preparedness. These reports On the weekend of April 24–26, young proceedings on this motion will be led to an event dedicated to raising people across the United States and postponed. public awareness about homelessness around the world designed and carried The point of no quorum is considered and natural disasters. out community service and service withdrawn. Here in Washington, D.C., youth from learning projects in areas ranging from f various faith-based communities literacy and mentoring, to the environ- partnered with Habitat for Humanity ment and energy conservation, to hun- MESSAGE FROM THE PRESIDENT to help with housing needs in North- ger and homelessness; 75 local and A message in writing from the Presi- east D.C. and worked on a shoreline statewide Lead Agencies, 150 national dent of the United States was commu- cleanup along the Anacostia River. partners, 50 international organiza- nicated to the House by Ms. Evans, one In Bolivia, with the help of a Disney tions crossing old boundaries, building of his secretaries. Minnie Grant, youth were trained as new partnerships. public health educators to facilitate f In addition to the tangible and posi- workshops to educate the community tive results these projects have on our HONORING UNIVERSITY OF CALI- on public health issues surrounding un- communities, research shows that sus- FORNIA AT MERCED GRAD- sanitary drinking water. UATING CLASS In Zimbabwe, youth volunteers refur- tained participation in community Mr. POLIS. Madam Speaker, I move bished 35 rural schools, worked to clean service and service learning leads to in- to suspend the rules and agree to the up parts of one of the cities in the creased levels of academic achievement resolution (H. Res. 396) honoring the country, and conducted an HIV/AIDS and increased civic engagement among graduating Class of 2009 at the Univer- awareness campaign. our youth. Introducing our young people to true Last month, President Obama signed sity of California, Merced, as amended. volunteerism will help build a sense of the Edward M. Kennedy Serve America The Clerk read the title of the resolu- civic duty early in their lives, which Act, expanded AmeriCorps, changing tion. will lead them to become more civic- the face of national service as we know The text of the resolution is as fol- minded citizens, citizens who will con- it. I am proud that a number of the ini- lows: tinue to donate their time and skills to tiatives I introduced to engage middle H. RES. 396 their local communities in the future school students in service were in- Whereas the University of California sys- as they get older. For that reason, I cluded in the bill and enacted into law. tem has become one of the largest and most rise in support of House Resolution 353 Ultimately, it is all about the asking. highly acclaimed institutions of higher and urge my colleagues to support this People want to be asked to serve, and learning in the world; resolution. it is already paying off at a time when Whereas Founding Chancellor Carol Tom- linson-Keasey, countless individuals, numer- I reserve the balance of my time. more Americans than ever are ready to help those left vulnerable by this dev- ous elected officials, and an exceptional Mr. POLIS. Madam Speaker, I am team of talented academic and administra- pleased to recognize the gentlewoman astating economic downturn. In the tive professionals shared a vision and drive from Connecticut (Ms. DELAURO) for 4 past 5 months, the Corporation for Na- to carry forward the University of Califor- minutes. tional Service has received 48,000 on- nia’s historic mission of excellence in teach- Ms. DELAURO. Madam Speaker, I line applications, up 234 percent over ing, research, and public service by assem- rise in support of this Resolution Hon- the 14,000 applications it received dur- bling to build the Nation’s first major public oring and Supporting the Goals and ing the same 5-month period a year research university of the 21st century in Ideals of Global Youth Service Days, ago. Merced, California; held earlier this spring from April 24 Shirley Chisholm said that, ‘‘Service Whereas half of UC Merced’s students are the first in their families to attend college; through 26. With this resolution, we is the rent that you pay for room on Whereas UC Merced celebrates having one recognize the contributions that young this Earth,’’ and that is true no matter of the most ethnically diverse research cam- people make to their communities and what your age or place in this world. puses in the Nation; our Nation and across the globe. This is a transformational moment Whereas UC Merced increases educational For generations, during times of in our history. And so today, with ef- access and opportunities for San Joaquin great crisis and need throughout our forts like Global Youth Service Day Valley students and will contribute to en- Nation, Americans have stepped up and and amazing opportunities like it every hanced job opportunities, new business deserved their country and their commu- day around the world, we hope to mark velopment, and economic growth throughout nities. Today, with soaring unemploy- Central California; a new beginning, ready to meet the re- Whereas 518 students will comprise the ment, stagnant wages, rising health sponsibility again to the greater good first-ever graduating class from UC Merced care costs, and the financial market in and to our shared community. on May 16, 2009; crisis, this is one of those moments. To Mr. CASTLE. Madam Speaker, I Whereas First Lady Michelle Obama will confront its dire challenges, we have an would encourage everyone to support honor UC Merced’s first graduating class by urgent responsibility to act, but no one the resolution. delivering the commencement speech; and person or single solution will fix this I yield back the balance of my time. Whereas the class of 2009 helped establish a crisis alone. If we are serious about Mr. POLIS. I would like to encourage thriving campus and leave UC Merced highly getting our Nation back on track, we my colleagues to support the resolu- qualified and ready to make deep and lasting marks in their communities as leaders of the must give everyone the opportunity to tion. 21st century: Now, therefore, be it do their part, especially young people, I yield back the balance of my time. Resolved, That the House of Representa- our next generation of leaders. The SPEAKER pro tempore. The tives commends the students comprising the Global Youth Service Day is a public question is on the motion offered by first graduating class at the University of awareness and education campaign led the gentleman from Colorado (Mr. California, Merced, the class of 2009, for their

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.049 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5124 CONGRESSIONAL RECORD — HOUSE May 5, 2009 pioneering spirit, dedication, efforts, and de- and cultivating a culture of social re- Madam Speaker, it is with the great- sire to help establish an institution that sponsibility and civic engagement. est pleasure and absolute tremendous puts Merced on the road to opportunity and These students demonstrated their pas- pride that I rise today to recognize the promises to inspire the educational dreams sion and spirit in a letter-writing cam- first full senior class to graduate from of young people in this underserved region for generations to come. paign to First Lady Michelle Obama. the University of California at Merced. The First Lady acknowledged their Throughout my career in the legisla- The SPEAKER pro tempore. Pursu- zeal by agreeing to deliver the com- ture in California, and today as a Mem- ant to the rule, the gentleman from mencement speech this May to the ber of Congress, UC Merced has re- Colorado (Mr. POLIS) and the gen- Class of 2009. mained a top priority of mine. In fact, tleman from Delaware (Mr. CASTLE) Madam Speaker, once again I express the entire community embraced this each will control 20 minutes. my support for the UC Merced resolu- project and worked tirelessly for its The Chair recognizes the gentleman tion, and I would like to thank my col- creation. from Colorado. league, Mr. CARDOZA, for bringing this Unemployment and poverty rates in GENERAL LEAVE resolution forward, and I urge my col- the San Joaquin Valley continue to Mr. POLIS. Madam Speaker, I re- leagues to support this resolution. substantially exceed California aver- quest 5 legislative days during which I reserve the balance of my time. ages, and high school graduates from Members may revise and extend and in- Mr. CASTLE. Madam Speaker, I the Valley have historically enrolled in sert extraneous material on House Res- yield myself such time as I may con- the University of California system at olution 396 into the RECORD. sume. about half the rate of graduates from The SPEAKER pro tempore. Is there Madam Speaker, I rise today in sup- other parts of California. Building the objection to the request of the gen- port of House Resolution 396, the reso- first UC campus in the San Joaquin tleman from Colorado? lution honoring the first graduating Valley in Merced increases educational There was no objection. class of the University of California, access and opportunity for the Valley’s Mr. POLIS. I yield myself such time Merced. students and enhances job opportuni- as I may consume. Opening on September 5, 2005, the ties, new business development, and Madam Speaker, I rise today in sup- University of California, Merced be- economic growth throughout Central port of House Resolution 396, which came the 10th campus in the Univer- California and, in fact, our State. commends the students of the very sity of California system and was When my dear friend and founding first graduating class of the University founded with a mission to increase col- chancellor, Carol Tomlinson-Keasey, of California, Merced. UC Merced rep- lege-going rates among students in the was given the daunting task of building resents the newest school in the flag- San Joaquin Valley. San Joaquin Val- UC Merced, she rose to the occasion ship California university school sys- ley was California’s largest and most and she began to plan for a campus tem. populous region without a UC campus that would be infused with her personal University of California, Merced was before the founding of UCM. With a strengths of unwavering commitment, authorized by the California legisla- total of just over 2,500 students cur- innovation, and academic leadership. I ture in 1988 to address the higher edu- rently, UCM is expected to grow to believe Carol is watching today, and I cation needs of the State’s fastest about 25,000 students within the next 30 wish her my best. growing region, the San Joaquin Val- years. Carol worked collaboratively with ley, a population of over 3.5 million UCM charges just over $8,000 in tui- government officials, the private sec- people. It provides adequate capacity tion and fees; 75 percent of UCM’s stu- tor, nonprofit organizations, and the for the UC system as a whole and en- dents receive financial aid; 42 percent UC Board of Regents to develop sup- sures the students from the San Joa- of the student population are eligible port for the campus and to secure need- quin Valley have expanded options for for Pell Grants. UCM offers 18 under- ed funding and authority to develop higher education. High school grad- graduate majors and nine areas of em- the campus. Carol often said UC uates from the Valley have historically phasis for graduate students through Merced would transform the lives of enrolled in the UC system at about half their three schools, the School of Engi- students in the San Joaquin Valley. the rate of graduates from other major neering, the School of Natural Today is a testament to her vision and parts of the State. Sciences, and the School of Social evidence to this transformation. The University of California, Merced Sciences, Humanities, and Arts. It also UC Merced has built its reputation as opened September 5, 2005, as the 10th has plans to open a School of Medicine the most ethnically diverse institution campus in the UC system. There are and a School of Management in upcom- in the UC system, as well as being the three schools, nearly 20 undergraduate ing years. Nation’s first major public research majors, nine graduate programs, over I offer my heartfelt congratulations university built in the 21st century. 100 full-time faculty members, and doz- to the 518 students who have persisted The class of 2009 has played an inte- ens of lecturers now teaching hundreds over the past 4 years and will walk gral role in UC Merced’s success. of courses on campus. UC Merced is a across the stage to receive their de- Whether they were building a student thriving campus community of over gree, in acknowledgement of all their government from scratch or creating 2,700 who actively participate in close hard work, next week. numerous clubs or assisting in to 100 clubs and assist the faculty in I would also like to take this oppor- groundbreaking research, every one of groundbreaking research opportunities. tunity to congratulate all of the young these students has demonstrated a In addition to its education mission, individuals who are graduating with commitment to excellence in aca- UC Merced is an important strategic their degrees from all of our country’s demics and a passion to lead the com- investment in California’s future. The institutions of higher learning. For all munity in the 21st century. At UC new campus serves as an engine of eco- these reasons, I encourage my col- Merced, we call them the pioneers. nomic growth throughout the San Joa- leagues to vote in favor of this resolu- The best example of the spirit of quin Valley where unemployment and tion. these students is in their recent cam- poverty rates exceed California aver- I reserve the balance of my time. paign to have First Lady Michelle ages. Mr. POLIS. Madam Speaker, I am Obama deliver their commencement The University also is helping first- pleased to recognize the gentleman speech. generation college students receive a from California (Mr. CARDOZA) for 5 college education. Accessing a college minutes. b 1430 education has never been more impor- (Mr. CARDOZA asked and was given Through their own determined ef- tant in light of the current weak econ- permission to revise and extend his re- forts and with steadfast perseverance, omy and job loss. marks.) the student body flooded the First The Class of 2009 is a class of true Mr. CARDOZA. Madam Speaker, I Lady’s office with valentines and let- pioneers, creating a student govern- would like to thank my good friend, ters asking her to come to Merced. And ment to shape campus policy, campus the gentleman from Colorado, for their hard work paid off when the First clubs to enhance social interaction, yielding me the time. Lady recently announced that she

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MY7.008 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5125 would attend the May 16 graduation to communities, and commerce of the United of government for capital investment will give that commencement speech. These States; total only 36 percent of the $200,000,000,000 passionate students have helped put Whereas the Corps of Engineers, in part- necessary each year to maintain and im- Merced on the road to opportunity and nership with public port authorities, pro- prove United States highways and transit vides navigational improvements that link systems; promise to inspire the educational United States producers and customers with Whereas the National Surface Transpor- dreams of young people throughout the national and international markets; tation Infrastructure Financing Commission Central Valley for generations to come. Whereas the public waterways, including report also finds that there is a growing in- I urge my colleagues to join me in locks and dams constructed, operated, and vestment gap in the Nation’s infrastructure celebrating and honoring the historic maintained by the Corps of Engineers, pro- that will total nearly $400,000,000,000 in the achievement of UC Merced’s first full vide a safe, energy efficient, and cost effec- years 2010 through 2015 and $2,300,000,000,000 graduating class, the Class of 2009. tive means of transporting goods and serv- in the years 2010 through 2035; and ices; I would also like to take a moment Whereas public works professionals are ob- Whereas the Corps of Engineers, in part- serving National Public Works Week from to thank the chairman of the Edu- nership with local public entities, provides May 17 through 23, 2009: Now, therefore, be it cation and Labor Committee, Mr. MIL- levees, reservoirs, and other structural and Resolved, That the House of Representa- LER, as well as his staff, for their hard nonstructural flood damage reduction meas- tives— work, which has made the dream of ures that protect millions of families, (1) supports the goals and ideals of Na- college a reality for so many students homes, and businesses; tional Public Works Week; across the country. Whereas a recent analysis of the state of (2) recognizes and celebrates the important I ask my colleagues to join me in the United States infrastructure garnered an contributions that public works profes- overall grade of ‘‘D’’; sionals make every day to improve the pub- support. Whereas every $1 invested in public trans- Mr. CASTLE. Madam Speaker, we lic infrastructure of the United States and portation generates as much as $6 in eco- the communities that those professionals have no further speakers at this time. nomic returns to the Nation’s economy; serve; and I encouraging everybody to support the Whereas the Nation’s public transportation (3) urges citizens and communities resolution, and I yield back the balance systems experienced record ridership levels throughout the United States to join with of our time. in 2008 with 10,680,000,000 passenger trips representatives of the Federal Government Mr. POLIS. Madam Speaker, once taken; in activities and ceremonies that are de- Whereas infrastructure investment from again, I call upon my colleagues to sup- signed to pay tribute to the public works all levels of government and the private sec- professionals of the Nation and to recognize port this resolution honoring UC tor is currently $85,000,000,000 annually; Merced in supporting its students, fac- the substantial contributions that public Whereas the capital asset program of the works professionals make to the Nation. ulty and the families served, and with General Services Administration is author- that I would like to yield back the bal- ized annually to provide Federal employees The SPEAKER pro tempore. Pursu- ance of my time. with necessary office space, courts of law, ant to the rule, the gentlewoman from The SPEAKER pro tempore. The and other special purpose facilities; Florida (Ms. CORRINE BROWN) and the question is on the motion offered by Whereas since 1972 the Nation has invested gentleman from Arkansas (Mr. more than $250,000,000,000 in wastewater in- the gentleman from Colorado (Mr. BOOZMAN) each will control 20 minutes. frastructure facilities to establish a system The Chair recognizes the gentle- POLIS) that the House suspend the that includes 16,000 publicly owned waste- rules and agree to the resolution, H. water treatment plants, 100,000 major pump- woman from Florida. Res. 396, as amended. ing stations, 600,000 miles of sanitary sewers, GENERAL LEAVE The question was taken; and (two- and 200,000 miles of storm sewers; Ms. CORRINE BROWN of Florida. thirds being in the affirmative) the Whereas the Pipelines and Hazardous Ma- Madam Speaker, I ask that all Mem- rules were suspended and the resolu- terials Safety Administration is charged bers may have 5 legislative days to re- with the safe and secure movement of almost vise and extend their remarks on House tion, as amended, was agreed to. 1,200,000 daily shipments of hazardous mate- A motion to reconsider was laid on rials by all modes of transportation and Resolution 313. the table. oversees the safety and security of 2,300,000 The SPEAKER pro tempore. Is there f miles of gas and hazardous liquid pipelines, objection to the request of the gentle- which account for 64 percent of the energy woman from Florida? SUPPORTING NATIONAL PUBLIC commodities consumed in the United States; There was no objection. WORKS WEEK Whereas the National Railroad Passenger Ms. CORRINE BROWN of Florida. I Ms. CORRINE BROWN of Florida. Corporation annually provides more than rise in support of this resolution and Madam Speaker, I move to suspend the 28,000,000 people with intercity rail service; yield myself as much time as I may Whereas 15 new runways, 2 end-around rules and agree to the resolution (H. taxiways, and 1 reconfigured runway have consume. Res. 313) supporting the goals and opened at the Nation’s busiest airports since Madam Speaker, each year during ideals of National Public Works Week, 2001; the month of May, we celebrate Na- and for other purposes. Whereas 3 of the Nation’s busiest airports tional Public Works Week. The public The Clerk read the title of the resolu- currently have airfield projects (1 new run- works professionals that we recognize tion. way, 1 taxiway, and a reconfiguration) under today provide the country with essen- The text of the resolution is as fol- construction to provide an additional 110,900 tial services and keep our roads safe, lows: annual operations and to decrease average our drinking water clean, and our Na- delays by approximately 1.5 minutes per op- H. RES. 313 eration; tion moving. House Resolution 313 hon- Whereas public works infrastructure, fa- Whereas in the report of the Department of ors American public works profes- cilities, and services have far-reaching ef- Transportation entitled ‘‘2006 Status of the sionals and celebrates their work from fects on the United States economy and the Nation’s Highways, Bridges, and Transit: May 17 through 23, 2009. Nation’s competitiveness in the world mar- Conditions & Performance’’, the Department The public works professionals that ketplace; confirms that investment in the Nation’s we recognize today keep our country Whereas public works infrastructure, fa- highway, bridge, and transit infrastructure running in the most basic and funda- cilities, and services play a pivotal role in has not kept up with growing demands on mental ways possible. These profes- the health, safety, and quality of life of com- the system; munities throughout the United States; Whereas the National Surface Transpor- sionals design, construct and rehabili- Whereas public works infrastructure, fa- tation Policy and Revenue Study Commis- tate our transportation system, water cilities, and services could not be provided sion report estimates that the United States infrastructure, levees, public buildings without the skill and dedication of public needs to invest up to $340,000,000,000 annually and other structures and facilities that works professionals, including engineers and for the next 50 years to upgrade the Nation’s are an intimate part of everyday life in administrators, representing State and local existing transportation network to a good the United States. governments throughout the United States; state of repair and to build the more ad- It is appropriate to set aside 1 week Whereas public works professionals design, vanced facilities the Nation will require to each year to recognize the role that build, operate, maintain, and protect the remain competitive; transportation systems, water supply infra- Whereas the National Surface Transpor- public works play in our daily life. Far structure, sewage and refuse disposal sys- tation Infrastructure Financing Commission too often we take for granted clean tems, public buildings, and other structures report estimates that, without changes to water or the method of transportation and facilities that are vital to the citizens, current policy, revenues raised by all levels that we use to get to work. In fact, we

VerDate Nov 24 2008 03:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.055 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5126 CONGRESSIONAL RECORD — HOUSE May 5, 2009 do not begin to fully appreciate these Not only are they critical to protecting and see us out of these troubling eco- everyday conveniences until they fail our health and the environment; they nomic times. us. What happened in New Orleans are critical to protecting our economy I’m grateful for the administrators, made the importance of public works and our way of life. Public infrastruc- engineers and servicemen who continue crystal clear to everyone. Their lack of ture plays a critical role in enhancing to utilize their skills and dedication to clean water, safe infrastructure and our quality of life, improving our envi- provide these essential services to us. basic human needs was a stark re- ronment and contributes to our eco- I support this resolution and urge my minder that we need to be vigilant to nomic prosperity. colleagues to join me and give our pub- ensure that the citizens of our country We take these systems and the pro- lic works professionals the recognition get the critical services they need in fessionals, engineers and administra- that they deserve. their lives. tors for granted. So it is important for Mr. BOOZMAN. Madam Speaker, I I visited New Orleans numerous Congress to recognize the contribution continue to reserve my time. times following the hurricane, and I they make to ensuring America re- Ms. CORRINE BROWN of Florida. I want to encourage everyone not to for- mains the world’s premier economic yield back the balance of my time. get New Orleans, because they still power. Mr. OBERSTAR. Madam Speaker, I rise have a ton of rebuilding that needs to I appreciate Mr. OBERSTAR in bring- today in support of H. Res. 313, supporting be done there and in the other gulf ing this resolution forward. I urge all the goals and ideals of National Public Works States. Members to support H. Res. 313. Week. As our Nation’s infrastructure ages, I reserve the balance of my time. H. Res. 313 recognizes the week of May 17 it is increasingly likely that more and Ms. CORRINE BROWN of Florida. I through 23, 2009, as National Public Works more elements of it will cease to be yield as much time as she may con- Week and pays tribute to our public works productive without renewed invest- sume to Ms. EDDIE BERNICE JOHNSON of professionals. This week has been designated ment. It is for this reason that we must Texas. by a variety of groups to celebrate those pub- recognize the need to revitalize our in- Ms. EDDIE BERNICE JOHNSON of lic works professionals who keep our nation frastructure and find ways to make it Texas. Thanks to Ms. BROWN and Mr. running in the most basic and fundamental more efficient. BOOZMAN for handling this legislation ways. House Resolution 313 honors the tens today. Today we considered House Res- These professionals protect our public of thousands of public works profes- olution 313, recognizing National Pub- health, our economy, and our communities. sionals that serve the public quietly. lic Works Week from May 17 through They design, build, and maintain vital trans- These are the professionals that keep May 23, 2009. portation systems, levees, sewage systems, our country operating safely. The National Public Works Week is and public buildings that enhance everyday Madam Speaker, I support this reso- celebrated in May each year. This reso- life in our nation. lution and hope that all my colleagues lution pays tribute to the professionals Today, we are all eminently aware of the fi- will support it as well. that design, build and maintain critical nancial issues that Americans are facing. I reserve the balance of my time. elements of our Nation’s infrastruc- What we are less aware of, however, is the Mr. BOOZMAN. Madam Speaker, I current state of our nation’s failing infrastruc- yield myself as much time as I may ture. This body has always understood the value of these professionals and ture. Critical elements of our highway system, consume. drinking water infrastructure, and wastewater Madam Speaker, investment in the what they bring to our society. Profes- sionals in the public works sector pro- treatment facilities, are failing us in dangerous Nation’s highway, bridge and transit ways. infrastructure has not kept up with vide us with safe and efficient roads, access to clean drinking water and To reinvigorate our economy, Congress growing demands on the system. The passed the American Reinvestment and Re- National Surface Transportation Pol- other essential services that keep our country running. covery Act of 2009. This landmark piece of icy and Revenue Study Commissions legislation invests in key infrastructure areas, reported that the United States needs It has become increasingly important that Congress designate 1 week each is currently putting Americans back to work in to invest up to $340 billion annually the public works sector, and is improving the over the next 50 years to upgrade the year to recognize those who work in the public works sector. Many people state of our nation’s infrastructure. Nation’s transportation network. The Recovery Act provides $64.1 billion of The Committee on Transportation take for granted the public transportation system they use to commute investment in critical transportation and infra- and Infrastructure has jurisdiction structure programs. These investments in- over our water transportation system, each day or the safe running water in their homes. Far too often we do not clude: which consists of 926 coastal and inland $27.5 billion for highways and bridges; realize the importance of these systems harbors maintained by the Corps of En- $8.4 billion for public transit capital invest- until something goes wrong. gineers and 25,000 miles of inland and ment; coastal commercial waterways. If we At the beginning of this Congress, $4 billion for state water pollution control re- do not keep our harbors and waterways the House passed a key water infra- volving funds; operating efficiently, we threaten our structure bill, H.R. 1262, the Water $4.6 billion for water-related infrastructure of economic prosperity. Quality Investment Act of 2009. And the Corps of Engineers; and To meet these needs, as well the need this piece of legislation increases au- $5.575 billion for federal buildings. for flood protection and environmental thorization levels of the Clean Water I am confident that investment in these restoration, passing a water resources State Revolving Fund, grants provided areas will put more of our nation’s public development act for 2010 should be high by the Environmental Protection works professionals back to work and improve on the committee’s agenda. According Agency to address combined and sani- our economy. Just last week, the Committee to separate studies conducted by the tary sewer overflows, as well as grants on Transportation and Infrastructure held a Congressional Budget Office, EPA and for alternative water source projects. hearing on the implementation of the Recov- municipal groups, the current rate of These grants will go one step further to ery Act and found that as of March 31st, more capital investment will not keep our ensure that every American has access than 1,250 people have been put back to work wastewater treatment systems oper- to clean water. in 263 highways projects in 30 states. ational. State and local governments Madam Speaker, on February 17, As a result of our efforts, more than 1,200 are spending approximately $10 billion 2009, President Obama signed into law families can rest more easily with the promise a year in capital investments in waste- the American Reinvestment and Re- of a paycheck, and can continue to make the water infrastructure. Most of this fund- covery Act. The legislation provides for day-to-day expenditures that will help turn this ing comes from the local taxpayers. over $64 billion in investment in our economy around. However, to meet the needs of commu- Nation’s highway system, rail system This is the promise that Congress made to nities all over the United States, our and environmental infrastructure, not the American people—to invest wisely in our Nation should be doubling that spend- enough but steps in the right direction. infrastructure systems and help the nation’s ing. It is investment in these areas as well economy recover. We can’t continue to take our waste- as other critical infrastructure areas We cannot underestimate the importance of water treatment facilities for granted. that will put America back to work infrastructure investment. Quite frankly, the

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\K05MY7.057 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5127 public works professionals that we are hon- (3) encourages all riders to receive appro- place. But, sadly, my home State of oring today protect our citizens, our economy, priate training and practice safe riding Florida now allows people to ride with- and our communities. skills; and out helmets. With greater freedom (4) supports the goals of Motorcycle Safety comes greater responsibility. Motor- Madam Speaker, I strongly support this res- Awareness Month. olution and urge my colleagues to do the cycle accidents without helmets in- same. The SPEAKER pro tempore. Pursu- crease the insurance rates, burden the Mr. BOOZMAN. After thanking the ant to the rule, the gentlewoman from health care system and cause great ORRINE ROWN chairlady for being here and Mr. OBER- Florida (Ms. C B ) and the pain for families. UN STAR for bringing this bill forward, I gentleman from Tennessee (Mr. D - I thank the gentlewoman from Ari- urge support and yield back the bal- CAN) each will control 20 minutes. zona for introducing this resolution ance of my time. The Chair recognizes the gentle- and urge my colleagues to join me in The SPEAKER pro tempore. The woman from Florida. supporting its passage. question is on the motion offered by GENERAL LEAVE I reserve the balance of my time. Ms. CORRINE BROWN of Florida. the gentlewoman from Florida (Ms. b 1445 CORRINE BROWN) that the House sus- Madam Speaker, I ask that all Mem- pend the rules and agree to the resolu- bers have 5 legislative days to revise Mr. DUNCAN. Madam Speaker, I tion, H. Res. 313. and extend their remarks on House yield myself such time as I may con- The question was taken; and (two- Resolution 269. sume. thirds being in the affirmative) the The SPEAKER pro tempore. Is there Madam Speaker, I would like to rules were suspended and the resolu- objection to the request of the gentle- voice my strong support for H. Res. 269, tion was agreed to. woman from Florida? and I want to commend the primary A motion to reconsider was laid on There was no objection. sponsor of this resolution, Dr. BUR- the table. Ms. CORRINE BROWN of Florida. I GESS, from whom we will hear in just a rise in support of this resolution and few minutes. f yield myself as much time as I may The resolution expresses support for SUPPORTING MOTORCYCLE consume. the goals of Motorcycle Safety Aware- SAFETY AWARENESS MONTH Madam Speaker, I rise today in sup- ness Month. As the weather gets warm- port of House Resolution 269, which er across the country, our Nation’s Ms. CORRINE BROWN of Florida. seeks to support the goals of Motor- highways will experience a very large Madam Speaker, I move to suspend the cycle Safety Awareness Month. I want increase in motorcycle traffic. Because rules and agree to the resolution (H. to thank the gentlewoman from Ari- of the increased ridership and potential Res. 269) supporting the goals of Motor- zona (Ms. GIFFORDS) for introducing for accidents, each year May is des- cycle Safety Awareness Month. this resolution and bringing much- ignated Motorcycle Safety Awareness The Clerk read the title of the resolu- needed attention to motorcycle safety Month. tion. in our Nation’s roadways. During the month, State agencies The text of the resolution is as fol- With May once again bringing warm and motorcycle organizations across lows: weather, highways nationwide will wit- the country conduct a variety of ac- H. RES. 269 ness the seasonal rise of motorcycle tivities to remind all riders and motor- Whereas approximately 7,000,000 motorcy- riders. The popularity of motorcycles ists to share the road. These activities clists ride on our Nation’s roads and high- climbs every year, with motorcycle also encourage riders to be properly li- ways to commute, travel, and recreate; registrations increasing by over 60 per- censed, receive proper training, never Whereas motorcycles are a valuable component of the transportation mix; cent from 1998 to 2005. drink and drive, and wear protective Whereas motorcycles are fuel-efficient and In anticipation of this rise in rider- head wear. decrease congestion while having little im- ship, it is important to educate the As the popularity of this mode of pact on our Nation’s transportation infra- public about motorcycle safety. Public transportation increases, Motorcycle structure; awareness of motorcycle safety bene- Safety Awareness Month will continue Whereas the United States is the world fits everyone sharing the roads, not to help drivers of cars, trucks and mo- leader in motorcycle safety, promoting edu- just the motorcyclists, by reducing the torcycles consider the safety of all cation, licensing, use of protective gear, and number of car-motorcycle crashes. users of the road. motorcycle awareness; In approximately two-thirds of fatal Whereas the motorcycling community is In 2007, motorcycle fatalities in- committed to decreasing motorcycle crashes creased for the 10th straight year in a car versus motorcycle crashes, the through licensing, training, education, en- row. According to the National High- driver of the car is at fault. The activi- forcement, personal responsibility, and in- way Traffic and Safety Administration, ties associated with this resolution will creased public awareness; there were 5,154 motorcycle fatalities help make all users of our Nation’s Whereas, according to a comprehensive and 130,000 injuries in 2007. This tragic highways safer. study conducted on motorcycle crash causa- statistic is much higher than the 2,116 Additionally, this resolution recog- tion in the United States the ‘‘Motorcycle fatalities and 53 million injuries re- nizes the transportation benefits asso- Accident Cause Factors and Identification of ciated with motorcycling. Motorcycles Countermeasures’’ (Hurt Report), in approxi- corded in 1997. mately two-thirds of fatal car-motorcycle One of the most effective ways to re- are a fuel-efficient and congestion-de- crashes, the driver of the car was at fault; duce motorcycle crash fatalities is to creasing mode of transportation, in ad- Whereas motorcycle awareness is bene- encourage riders to always wear a hel- dition to having little impact on our ficial to all road users and will help to de- met. NHTSA estimates that helmet Nation’s transportation infrastructure. crease car-motorcycle crashes; usage saved the lives of 1,784 motorcy- From a personal standpoint, Madam Whereas May is designated as ‘‘Motorcycle clists in 2007 and could have saved an- Speaker, I will tell you that a couple of Safety Awareness Month’’; and other 800 lives if the motorcyclists years ago the youngest of our four chil- Whereas the National Highway Traffic dren, my son who is now 23, he bought Safety Administration promotes Motorcycle killed in non-helmeted crashes had Safety Awareness Month to encourage riders been wearing their helmet. a used 1979 Honda motorcycle for, I to always wear helmets and other protective Throughout the month of May, safe- think, $625. Ever since that time, I gear, never drink and ride, be properly li- ty groups across the Nation will host have read almost every day in the censed, and get training and to remind all educational events and media cam- Knoxville News Sentinel something I riders and motorists to always share the paigns highlighting these safety tools never noticed before, and that is that road: Now, therefore, be it and promoting safe driving practices. almost every day there seems to be a Resolved, That the House of Representa- Through these efforts, we can work to serious motorcycle wreck and often a tives— reduce the number of preventable trag- motorcycle fatality reported on in our (1) recognizes the contribution motorcycles make to the transportation mix; edies that far too often devastate our local daily newspaper. I have expressed (2) encourages all road users to be more communities. my concern to my son about trying to aware of motorcycles and motorcyclists’ While I was a State legislator, I be as safe as possible, and I believe safety; fought hard to keep helmet laws in thus far he is.

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MY7.030 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5128 CONGRESSIONAL RECORD — HOUSE May 5, 2009 I have also noticed that the largest suburban streets. That means you wear Safety Improvement Act. Unfortu- number of motorcycle riders now are protective gear. That means you are nately, it has swept up businesses Con- people in their forties, fifties, and six- aware of the cars and trucks around gress did not intend to be swept away. ties. Knoxville has hosted several times you. So yesterday, the Consumer Product something called the Honda Hoot For other drivers, drivers in the larg- Safety Commission issued a Federal where we have over 20,000 motorcy- er vehicles, prevention means keeping Register notice providing a stay of en- clists come in, most people middle aged your eyes open and staying alert. forcement for the motorcycle industry, and older. So motorcycle ridership is Something as simple as conversing on but a stay is not enough. These busi- growing by leaps and bounds, and in the cell phone or comforting a crying nesses need the assurance that they many ways that is a good thing. But child is a dangerous distraction that will not be again required to close this resolution calls the attention of can lead to a crash as well. down. So I introduced a bill earlier this everyone, motorcycle riders and oth- Abundant caution for all drivers is year, H.R. 1587, to permanently exclude ers, to the need to try to be as safe as essential and encouraged. But acci- the ATV, motorcycle and snowmobile possible when using this form of vehi- dents do happen, and when they do, industries from the application of the cle travel. people need to receive proper medical Consumer Product Safety Improve- I support this resolution and hope it care to treat their injuries. ment Act because what child under the brings attention to motorcycle safety That is why for the past several years age of 12 is going to get lead poisoning across our Nation’s highways as well as I have introduced legislation to close a from consuming the battery in their the additional benefits of motorcy- loophole on the HIPAA health care law ATV? In fact, there is the potential for cling. I urge all of my colleagues to that allows insurers to deny payment more harm to a child by having them support this resolution. for injuries sustained while engaged in ride an adult-sized ATV or motorcycle I reserve the balance of my time. certain recreational activities, includ- than there is the risk of the child con- Ms. CORRINE BROWN of Florida. ing riding a motorcycle. suming the battery that is contained Madam Speaker, I reserve the balance The original point of this law was to within their motorcycle. of my time. make health plans more accountable to The Consumer Product Safety Com- Mr. DUNCAN. Madam Speaker, it is the people they cover, but these very mission cannot do the job that it needs my honor at this time to recognize the same provisions are hurting the people to do without an administrator. It re- primary sponsor of this resolution, the they intend to help. Congress is quires the leadership of the adminis- gentleman from Texas, Dr. BURGESS, charged with making laws to protect trator of the Consumer Product Safety who has become such a leader in so people. When these laws have the oppo- Commission to winnow out the intent many areas in this Congress, and this site effect, we also have the responsi- of Congress and to put this law on the resolution is just another prime exam- bility to fix them and fix them imme- track on which it was intended. ple. I recognize him for such time as he diately. This loophole has been a prob- So while I enthusiastically support may consume. lem for almost 12 years. The time has President Obama for trying to give the Mr. BURGESS. I thank the gen- come to fix it. Consumer Product Safety Commission tleman for yielding. I am grateful to say H.R. 1086 passed more resources, what the Consumer Madam Speaker, I should start by of- out of our committee earlier this year. Product Safety Commission really fering special thanks to the Motorcycle It allows for increased transparency so needs is leadership. I ask the President Industry Council and the American that people are at least entitled to to nominate an administrator for the Motorcyclist Association who have know the information of what their Consumer Product Safety Commission really helped shepherd this bill through policy does or doesn’t cover, and it so they can provide the leadership to the various congressional committees must be spelled out up front in a lan- truly impute congressional intent. and through Congress. guage that everyone can understand. If there ever was a bipartisan issue Madam Speaker, $300, that is what I The time has certainly come for rid- on which both Democrats and Repub- paid for my first motorcycle. Throw in ers and those who desire to ride in the licans can agree to, it is the fact that another $20 for the helmet, the free- future to listen to the wise advice of the CPSC needs a new administrator, dom, the fresh air, the open road in people, like our former Transportation and some common sense needs to be ap- Texas, the exhilaration was priceless. Secretary, Secretary Mary Peters, who plied to the act that we passed in the There are a lot of bikers out there who happened to ride a Harley herself, who last Congress called the Consumer know exactly what I feel about riding was steadfast in her support for this Product Safety Improvement Act. along on the open road, especially in a legislation in many Congresses past, Ms. CORRINE BROWN of Florida. beautiful State like Texas. and I am sure would join with me Madam Speaker, I yield such time as Gas prices last year were on the rise. today in supporting this legislation. he may consume to the gentleman The gentleman from Tennessee men- As I stand here in support of Motor- from Rhode Island (Mr. KENNEDY). tioned better weather heading our way. cycle Safety Awareness Month, I am Mr. KENNEDY. Madam Speaker, I More people across America are going extremely cognizant of the current thank the gentlelady from Florida for to start using their motorcycles, using problems that the motorcycle industry yielding me this time. them to go to work, travel, or just go has been having with the Consumer I would like to speak on behalf of the for a ride and enjoy the freedom that is Product Safety Commission, specifi- Rhode Island Motorcycle Association. uniquely American. cally the bill H.R. 4040 that became the They are a group of individuals who Yet as ridership increases, so does Consumer Product Safety Improve- have taught me a great deal about the the risk for everyone on the road. Last ment Act that we passed in the last safety issues that they face on a daily year in the Lone Star State alone, pre- Congress. basis as they ride their motorcycles. liminary numbers revealed that more Motorcycle dealers are small busi- They talk to me frequently about the than 9,100 motorcycle crashes ac- nesses, and we have put a burden on mandates that they face in regards to counted for more than 400 deaths. them that is, in fact, putting their the helmet laws that face them and As a doctor, I have been in plenty of business in danger of survival. And at a others around the country. emergency rooms and trauma centers. time when our economy is losing jobs, Many of them say that of course hel- Take it from someone with nearly 25 we can scarcely afford to continue mets are a great safety factor if you years of experience in medicine, you that. are going up to 30 miles per hour; but don’t want to be involved in a crash of It is reported today that the Presi- most of them are driving well over 30 any kind, but most particularly in a dent intends to provide the Consumer miles per hour, and after 30 miles per motorcycle accident. As the old saying Product Safety Commission with a 71 hour, a helmet won’t do you much goes, an ounce of prevention is worth a percent increase in resources than good. pound of cure. For bikers, prevention is what they had before to enforce the When you look at the numbers here, riding the right way, and that is re- sweeping laws that were passed in the about two-thirds of the fatal car-mo- sponsibly. That means getting trained. last Congress. No law has been more torcycle crashes, it is the driver who is That means you don’t do motocross on sweeping than the Consumer Product at fault. Many of them contend that

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.061 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5129 those who are wearing the helmets (NHTSA), between 1997 and 2007 there were There are many other reasons why motor- often do not have the peripheral vision 38,566 motorcyclist fatalities and 756,000 mo- cycles are so popular, but one explanation is to know when the car is coming at torcyclist injuries on U.S. roadways. In 2007 simple economics: motorcycles offer a more them. When they are going through alone, there were 5,154 motorcycle fatalities fuel efficient—and cheaper way—of getting traffic and they have this big, bulky and 103,000 injuries, up from 2,116 fatalities around. helmet on them, they cannot hear nor and 53,000 injuries in 1997. These statistics According to the U.S. Department of Trans- see where those cars are because of the on motorcycle fatalities and injuries each year portation, motorcycles consume 56% less fuel blockage of their peripheral vision be- further illustrate the importance of public per mile traveled. cause of the helmet. awareness and the need for greater education On average, motorcycles can get between Many of them like wearing the hel- of all roadway users. 40 and 75 miles per gallon of gas. mets, but they want the choice. That is Per vehicle mile traveled, motorcyclists are I am proud that, as a motorcyclist, I can all they ask for. In that case they said approximately 35 times more likely than pas- leave a smaller footprint on our earth by riding let them decide when they ride as to senger car occupants to die in a motor vehicle my bike. whether to wear a helmet or not. They traffic crash and 8 times more likely to be in- I also want to take this opportunity to thank simply want that choice. jured. Further, an estimated 142,000 motorcy- the Motorcycle Industry Council, the American I think, as a matter of safety, it is clists have been killed since the enactment of Motorcyclist Association, and the Motorcycle important for us to make sure that the the Highway Safety and National Traffic and Riders Foundation for all that they do to sup- other motorists on the road know to be Motor Vehicle Safety Act of 1966. A NHTSA- port motorcyclists. aware of motorcyclists, and I enjoy funded study, the ‘‘Motorcycle Accident Cause I am pleased that the House will be consid- seeing bumper stickers, ‘‘Beware of Factors and Identification of Countermeasures ering H. Res. 269 today, and I urge its swift Motorcyclists on Road.’’ I certainly am Study’’, found that in approximately two-thirds passage. aware, whenever there is a motorcy- of fatal car-motorcycle crashes, the driver of Thank you and Happy Motorcycle Safety clist pulling up, always to be aware to the car was at fault. Awareness Month! give them plenty of space, and I think Throughout Motorcycle Safety Awareness Ms. CORRINE BROWN of Florida. most people would agree with me. But Month, riders are encouraged to become edu- Madam Speaker, I yield back the bal- that is something in this bill that it cated on the importance of following the rules ance of my time. calls for other motorcyclists to share of the roadway, being alert to other drivers, The SPEAKER pro tempore. The the road and other motorists to share and always wearing protective gear such as a question is on the motion offered by the road, that the National Highway helmet. NHTSA estimates that helmets saved the gentlewoman from Florida (Ms. Traffic Safety Administration should 1,784 motorcyclists’ lives in 2007, and that CORRINE BROWN) that the House sus- promote that much more as well. See- 800 more lives could have been saved if the pend the rules and agree to the resolu- ing there are more motorcyclists on motorcyclists involved in fatal non-helmeted tion, H. Res. 269. the road, it is important that we get crashes had worn helmets. The question was taken; and (two- this message across. And on behalf of These striking statistics paint a very clear thirds being in the affirmative) the the Rhode Island Motorcyclist Associa- portrait of the need to decrease motorcycle rules were suspended and the resolution, I am happy to send their message crashes through licensing, rider training, edu- tion was agreed to. to Congress. cation, enforcement, personal responsibility, A motion to reconsider was laid on Ms. CORRINE BROWN of Florida. and increased public awareness. the table. Madam Speaker, I reserve the balance I urge my colleagues to join me in agreeing f of my time. to this resolution. Ms. GIFFORDS. Madam Speaker, I am SUPPORTING NATIONAL TRAIN Mr. DUNCAN. Madam Speaker, I DAY have no other speakers and so I would proud today to highlight May as ‘‘Motorcycle just like to urge passage of this very Safety Awareness Month, and to rise in sup- Ms. CORRINE BROWN of Florida. fine resolution, and I yield back the port of House Resolution 269, which I intro- Madam Speaker, I move to suspend the balance of my time. duced with my colleague from Texas, Con- rules and agree to the resolution (H. Mr. OBERSTAR. Madam Speaker, I rise gressman MICHAEL BURGESS. Res. 367) supporting the goals and today in support of H. Res. 269, supporting Our resolution recognizes the importance of ideals of National Train Day. the goals of Motorcycle Safety Awareness motorcycles, and encourages riders to always The Clerk read the title of the resolu- Month and bringing much needed attention to wear helmets and other protective gear, to tion. motorcycle safety on our nation’s roadways. I never drink and ride and to be properly li- The text of the resolution is as fol- want to thank the gentlewoman from Arizona censed and trained. lows: H. Res. 269 also serves as a reminder to all (Ms. GIFFORDS) for bringing this important H. RES. 367 riders and motorists to always share the road issue to the forefront. Whereas in May 1869, the ‘‘golden spike’’ With the arrival of spring’s warmer weather, respectfully. was driven into the final tie at Promontory I have been riding and racing motorcycles our nation’s highways will once again experi- Summit, Utah, to join the Central Pacific for over 20 years—so the issue of motorcycle ence a large increase in the number of motor- and the Union Pacific Railroads, ceremo- safety is of great importance to me. nially completing the first transcontinental cycle riders across the country. Motorcycles Sadly, it is true that motorcycles have a railroad and therefore connecting both represent a valuable component of the trans- higher rate of fatal accidents than auto- coasts of the United States; portation network in our nation. In 2006, there mobiles. Whereas in highly populated regions Am- were more than 6.7 million registered motor- According to the U.S. Department of Trans- trak trains and infrastructure carry com- cycles in the United States. Motorcycles con- portation, motorcyclist fatalities increased by muters to and from work in congested metropolitan areas providing a reliable rail op- tinue to grow in popularity each year with mo- 57 percent between 2002 and 2007. torcycle registrations increasing by over 60 tion, reducing congestion on roads and in the Motorcyclists are about 35 times more likely skies; percent from 1998 to 2005. than passenger car occupants to die in a Motorcycles are a fuel-efficient and conges- Whereas for many rural Americans, Am- motor vehicle traffic crash and 8 times more trak represents the only major intercity tion-decreasing mode of transportation. This likely to be injured. transportation link to the rest of the coun- increasingly popular mode of transportation As motorcyclists across the county gear up try; also requires greater attention to the safety for the upcoming riding season, these startling Whereas passenger trains provide a more concerns associated with riding. However, be- statistics highlight the need for safety edu- fuel-efficient transportation system thereby cause of motorcycles’ smaller size, motorcy- cation. providing cleaner transportation alter- clists are often hidden in a vehicle’s blind spot. They also reflect the growing popularity of natives and energy security; Public awareness of motorcycle safety bene- motorcycles. Over the past decade, U.S. mo- Whereas intercity passenger rail was 18 fits everyone that uses our nation’s roadways, percent more energy efficient than airplanes torcycle sales have more than tripled. and 25 percent more energy efficient than not just motorcyclists, because it can lead to In my home state of Arizona we have more automobiles on a per-passenger-mile basis in a decrease in car-motorcycle crashes. than 150,000 registered motorcycles. 2006; In 2007, motorcycle rider fatalities increased With over 300 days of sunshine in our state Whereas Amtrak annually provides inter- for the tenth straight year. According to the every year, you can imagine why so many Ari- city passenger rail travel to over 25,000,000 National Highway Traffic Safety Administration zonans choose to ride their bikes! Americans residing in 46 States;

VerDate Nov 24 2008 03:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.063 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5130 CONGRESSIONAL RECORD — HOUSE May 5, 2009 Whereas an increasing number of people We need to catch up with the world; I encourage my colleagues to show are using trains for travel purposes beyond and with gas prices continuing to in- their support for our Nation’s rail sys- commuting to and from work; crease steadily, now is the perfect time tem and its employees by holding Whereas community railroad stations are a for us to make serious our investment events at their local commuter train source of civic pride, a gateway to over 500 of our Nation’s communities, and a tool for in passenger rail. stations anytime during the year. economic growth; and Amtrak ridership and revenue have I reserve the balance of my time. Whereas Amtrak has designated May 9, never been stronger. In 2008, Amtrak 2009, as National Train Day to celebrate the set a record for ridership, exceeding Mr. SHUSTER. I yield myself such way trains connect people and places: Now, 28.7 million passengers. In the same time as I may consume. therefore, be it year, ticket revenues increased by 14.2 The ceremonial golden spike ham- Resolved, That the House of Representa- percent, for more than $1.7 billion. For mered at Promontory Summit, Utah, tives— my State of Florida, Amtrak expendi- (1) recognizes the contribution trains make May 10, 1869, marked the completion of to the national transportation system; tures for goods and services were over the transcontinental railroad, one of (2) urges the people of the United States to $40 million last year, and we currently the Nation’s greatest engineering mas- recognize such a day as an opportunity to have over 700 Floridians as employees. terpieces. It also marked the birth of learn more about trains; and More than just a convenient way to what would become the greatest rail (3) supports the goals and ideals of Na- travel, Amtrak is the most energy effi- network in the world and 140 years tional Train Day as designated by Amtrak. cient. Rail travel is more efficient than later, we are still reaping the benefits The SPEAKER pro tempore. Pursu- cars or airplanes. According to U.S. De- of our ancestors’ vision. ant to the rule, the gentlewoman from partment of Energy data, Amtrak is 17 The United States now has over Florida (Ms. CORRINE BROWN) and the percent more efficient than domestic 140,000 miles of railroads, making up gentleman from Pennsylvania (Mr. airline travel and 21 percent more effi- the transportation backbone of this SHUSTER) each will control 20 minutes. cient than auto travel. Nation. Our railroads are environ- The Chair recognizes the gentle- Passenger rail also reduces global mentally friendly, producing signifi- woman from Florida. warming. The average passenger train produces 60 percent lower carbon emis- cantly less pollution than other modes GENERAL LEAVE of transportation. A train can haul one Ms. CORRINE BROWN of Florida. sions than cars, and 50 percent less than airplanes. ton of freight 436 miles on one gallon of Madam Speaker, I ask unanimous con- diesel fuel, and it is three times clean- sent that all Members may have 5 leg- I travel all over the country and have conducted many transportation round- er than other modes. Trains also help islative days in which to revise and ex- to alleviate the congestion on our tend their remarks on H. Res. 367. table events that feature rail and its importance. Let me tell you that peo- crowded highways. One train can actu- The SPEAKER pro tempore. Is there ally take 280 trucks off the road. objection to the request of the gentle- ple love Amtrak and they love the woman from Florida? train. It is a great way to commute to The deregulation law of 1980, the There was no objection. work, take cars off congested high- Staggers Act, has been an unparalleled Ms. CORRINE BROWN of Florida. ways, and improve the environment. In success. We must take great care to Madam Speaker, I rise in support of many areas of the country, it is the protect the regulatory environment this resolution, and I yield myself such only mode of public transportation. that has allowed the railroads to thrive time as I may consume. Let me repeat that: in many areas of and resist any effort that would undo National Train Day celebrates the the country, Amtrak is the only mode all of the progress that this industry 140th anniversary of the golden spike, of public transportation available. has made in efficiency and safety. which was driven into the final tie in We still have a lot of work ahead of On the passenger rail side, last year Utah, and marked the completion of us with Amtrak, but we took a major President Bush signed into law an Am- our Nation’s first transcontinental step forward last year when we passed trak reauthorization that will take railroad in 1869. legislation reauthorizing Amtrak at a this country into the next generation level that would allow it to grow and b 1500 of passenger rail service. The law prosper, and earlier this year when we makes important reforms to Amtrak Last year, I celebrated National provided $1.7 billion in stimulus fund- and also creates a role for the private Train Day by holding events through- ing for Amtrak, and $8 billion for de- sector in the passenger rail industry. out my district, including press con- velopment of a high-speed rail corridor. ferences and events in Jacksonville, Major infrastructure improvements The Amtrak reauthorization, the Winter Park, and the Sanford Auto are still necessary to improve the safe- first in a decade, created a framework Train station. We had a great turnout ty and security of the system and its for a public-private partnership for the at all of the events, and I heard first- passengers and workers. Amtrak has construction of true high-speed rail hand from people who use Amtrak and will continue to play a critical role corridors all over this Nation. High- every day to go to work and visit in evacuating and transporting citizens speed rail promises safe, fast, and con- friends and families all over the coun- during national emergencies. Unfortu- venient service—all the while helping try. nately, it also is a prime target for to alleviate aviation and highway con- This year, I will be holding an event those who wish to harm us, and we gestion we face in this country. on Friday at my hometown station in must provide resources to make the The continued success of the railroad Jacksonville, and I am planning a trip system less vulnerable. industry is vital to this country’s econ- to New York in the very near future Fifty years ago, President Eisen- omy. I would therefore urge passage of and hope other Members will join me. hower created the National Highway H. Res. 367, which would create Na- But we should celebrate Train Day System that changed the way we travel tional Train Day on May 9. every day, and I encourage Members to in this country. Today, we need to do do events at their train stations the same with our rail system; and Mr. OBERSTAR. Madam Speaker, I rise throughout the year. with the Amtrak reauthorization and today to highlight the importance of intercity As Chair of the Subcommittee on real funding for high-speed rail, we are passenger rail in the United States and ex- Railroads, Pipelines, and Hazardous doing that. press my support for Amtrak in conjunction Materials, I have had the privilege to The United States used to have a with its 2nd Annual National Train Day on May see firsthand passenger rail systems in first-class passenger rail system. How- 9, 2009. other countries. I took the high-speed ever, after years of neglect, we are now National Train Day was established to cele- train from Brussels to Paris—200 miles the caboose—and they don’t use ca- brate train travel in America on the anniver- in 1 hour and 15 minutes; from Bar- booses anymore. The American people sary of completing the first transcontinental celona to Madrid—350 miles in 2.5 deserve better, and I believe our gov- railroad 140 years ago. To mark the day, Am- hours. The advantage for travelers and ernment’s new commitment to Amtrak trak is hosting free events across the country the business community and others is will go a long way to restore passenger to teach adults and children about Amtrak and tremendous. rail service. the benefits of intercity passenger rail.

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\A05MY7.016 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5131 Passenger rail’s benefits indeed are myriad. Train Day on May 9, 2009, and encourage all Barrett (SC) Emerson Latham Barrow Engel LaTourette The Department of Transportation has de- of my colleagues to use this excellent oppor- Bartlett Eshoo Latta scribed the problem of congestion on our high- tunity to reflect on the benefits that Amtrak Barton (TX) Etheridge Lee (CA) ways and in the air as ‘‘chronic’’. Amtrak re- and intercity passenger rail provide to our Na- Bean Fallin Lee (NY) moves almost 8 million cars from the road an- tion. Becerra Farr Levin Berkley Fattah Lewis (CA) nually. Airports are also experiencing signifi- Mr. SHUSTER. I yield back the bal- Berman Filner Lewis (GA) cant delays, with more than 550,000 flights ance of my time. Berry Flake Linder departing or arriving late in 2008. Amtrak Ms. CORRINE BROWN of Florida. I Biggert Fleming Lipinski eases air congestion by eliminating the need yield back the balance of my time. Bilbray Forbes LoBiondo Bilirakis Foster Loebsack for 50,000 fully loaded airplanes each year. The SPEAKER pro tempore. The Bishop (GA) Foxx Lofgren, Zoe Amtrak is substantially more environmentally question is on the motion offered by Bishop (NY) Frank (MA) Lowey friendly than automobiles or airplanes. In fact, the gentlewoman from Florida (Ms. Bishop (UT) Franks (AZ) Lucas Blumenauer Frelinghuysen Luetkemeyer according to the World Resources Institute, CORRINE BROWN) that the House sus- Blunt Fudge Luja´ n rail transportation produces 57 percent less pend the rules and agree to the resolu- Boccieri Gallegly Lummis carbon emissions than airplanes, and 40 per- tion, H. Res. 367. Boehner Garrett (NJ) Lungren, Daniel cent less carbon emissions than cars. Addi- The question was taken. Bonner Gerlach E. tionally, Amtrak has taken decisive action to Bono Mack Giffords Lynch The SPEAKER pro tempore. In the Boozman Gingrey (GA) Mack reduce its carbon footprint as well, committing opinion of the Chair, two-thirds being Boren Gohmert Maffei to reduce emissions from its diesel loco- in the affirmative, the ayes have it. Boswell Gonzalez Maloney motives by 6 percent from 2003 through 2010, Ms. CORRINE BROWN of Florida. Boustany Goodlatte Manzullo Boyd Gordon (TN) Marchant the largest voluntary emissions commitment in Madam Speaker, on that I demand the Brady (PA) Granger Markey (CO) the United States. yeas and nays. Brady (TX) Graves Markey (MA) Amtrak serves more than 500 destinations The yeas and nays were ordered. Braley (IA) Grayson Marshall in 46 States over 21,000 miles of routes, and The SPEAKER pro tempore. Pursu- Bright Green, Al Massa Broun (GA) Green, Gene Matheson employs more than 18,000 people. Amtrak ant to clause 8 of rule XX and the Brown (SC) Griffith Matsui has come a long way since its inception in Chair’s prior announcement, further Brown, Corrine Grijalva McCarthy (CA) 1971 and now its beginning its 39th year of proceedings on this motion will be Brown-Waite, Guthrie McCarthy (NY) operation. The service has faced many chal- postponed. Ginny Gutierrez McCaul lenges over the years, but continues to grow Buchanan Hall (NY) McClintock f Burgess Hall (TX) McCollum stronger with each passing year. Despite past Burton (IN) Halvorson McCotter uneven Federal investment, Amtrak has per- ANNOUNCEMENT BY THE SPEAKER Butterfield Hare McDermott severed, achieving many successes in im- Buyer Harman McGovern PRO TEMPORE Calvert Harper McHenry proved operating efficiency, increased rider- Camp Hastings (FL) McHugh ship, and higher revenue. The SPEAKER pro tempore. Pursu- Cantor Hastings (WA) McIntyre In fact, in FY 2008, Amtrak set new rider- ant to clause 8 of rule XX, proceedings Cao Heinrich McKeon ship and revenue records for the sixth year in will resume on motions to suspend the Capps Heller McMahon rules previously postponed. Cardoza Hensarling McMorris a row, exceeding 28.7 million passengers and Carnahan Herger Rodgers $2.45 billion in revenue. These increases are Votes will be taken in the following Carney Herseth Sandlin McNerney being enjoyed across Amtrak’s entire network. order: Carson (IN) Higgins Meek (FL) In FY 2008, Amtrak held a 62 percent share House Resolution 299, by the yeas and Carter Hill Meeks (NY) nays; Cassidy Himes Melancon of the air/rail market between New York and Castle Hinchey Mica Washington, and a 47 percent share of the air/ House Resolution 338, by the yeas and Castor (FL) Hinojosa Michaud rail market between New York and Boston, up nays; Chaffetz Hirono Miller (FL) House Resolution 353, de novo. Chandler Hodes Miller (MI) 6 percent in each market from FY 2007. This Childers Hoekstra Miller (NC) increase shows that, where Amtrak is provided Proceedings on House Resolutions 348 Clarke Holden Miller, Gary the resources to succeed, it provides a trip- and 367 will resume on another day. Clay Holt Miller, George time competitive alternative to air and car. The first electronic vote will be con- Cleaver Honda Minnick ducted as a 15-minute vote. Remaining Clyburn Hoyer Mitchell At a time when jobs are being lost, the Coble Hunter Mollohan transportation network is getting more con- electronic votes will be conducted as 5- Coffman (CO) Inglis Moore (KS) gested, and global climate change is taking its minute votes. Cohen Inslee Moore (WI) toll, supporting passenger rail has never been Cole Israel Moran (KS) f Connolly (VA) Issa Moran (VA) so critical. Recognizing the need for pas- Cooper Jackson (IL) Murphy (CT) senger rail investment, Congress passed the PUBLIC SERVICE RECOGNITION Costa Jackson-Lee Murphy (NY) Passenger Rail Investment and Improvement WEEK Costello (TX) Murphy, Patrick Courtney Jenkins Murphy, Tim Act last fall, reigniting America’s commitment The SPEAKER pro tempore. The un- Crenshaw Johnson (GA) Myrick to both intercity and high-speed passenger finished business is the vote on the mo- Crowley Johnson (IL) Nadler (NY) Cuellar Johnson, E. B. Napolitano rail. Among the steps taken to broaden our tion to suspend the rules and agree to use of passenger rail, this legislation provided Culberson Johnson, Sam Neal (MA) the resolution, H. Res. 299, on which Cummings Jones Nunes capital grants for Amtrak to bring the North- the yeas and nays were ordered. Dahlkemper Jordan (OH) Nye east Corridor and other rail network infrastruc- The Clerk read the title of the resolu- Davis (AL) Kagen Oberstar ture to a state-of-good-repair, encouraged Davis (CA) Kanjorski Obey tion. Davis (IL) Kaptur Olson intercity passenger rail investment through an The SPEAKER pro tempore. The Davis (KY) Kennedy Olver 80–20 matching grant program, and created a question is on the motion offered by Davis (TN) Kildee Ortiz DeFazio Kilpatrick (MI) Pallone grant program to finance the construction and the gentleman from Massachusetts equipment for 11 authorized high-speed rail DeGette Kilroy Pastor (AZ) (Mr. LYNCH) that the House suspend Delahunt Kind Paul corridors. the rules and agree to the resolution, DeLauro King (IA) Paulsen The American Recovery and Reinvestment Dent King (NY) Payne H. Res. 299. Diaz-Balart, L. Kingston Pence Act gave high-speed and intercity passenger The vote was taken by electronic de- rail another immediate boost, providing $8 bil- Diaz-Balart, M. Kirk Perlmutter vice, and there were—yeas 419, an- Dicks Kirkpatrick (AZ) Perriello lion in capital grants to States for development swered ‘‘present’’ 4, not voting 10, as Doggett Kissell Peters Donnelly (IN) Klein (FL) Peterson of high-speed rail and another $1.3 billion for follows: Amtrak. This funding is setting us on a course Doyle Kline (MN) Petri [Roll No. 231] Dreier Kosmas Pingree (ME) to link regions of the country with a safe, fast, Driehaus Kratovil Pitts YEAS—419 and environmentally friendly mode of transpor- Duncan Kucinich Platts tation. It truly is an exciting and historic time Abercrombie Alexander Baca Edwards (MD) Lamborn Poe (TX) Ackerman Altmire Bachmann Edwards (TX) Lance Polis (CO) for our transportation network. Aderholt Andrews Bachus Ehlers Langevin Pomeroy Madam Speaker, I lend my strong support Adler (NJ) Arcuri Baird Ellison Larsen (WA) Posey to Amtrak and the commemoration of National Akin Austria Baldwin Ellsworth Larson (CT) Price (GA)

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MY7.029 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5132 CONGRESSIONAL RECORD — HOUSE May 5, 2009 Price (NC) Schrader Thompson (PA) Austria Doggett Klein (FL) Peters Sarbanes Terry Putnam Schwartz Thornberry Baca Donnelly (IN) Kline (MN) Peterson Scalise Thompson (CA) Quigley Scott (GA) Tiahrt Bachmann Doyle Kosmas Petri Schakowsky Thompson (MS) Radanovich Scott (VA) Tiberi Bachus Dreier Kratovil Pingree (ME) Schauer Thompson (PA) Rahall Sensenbrenner Tierney Baird Driehaus Kucinich Pitts Schiff Thornberry Rangel Serrano Titus Baldwin Duncan Lamborn Platts Schmidt Tiahrt Rehberg Sessions Tonko Barrett (SC) Edwards (MD) Lance Poe (TX) Schock Tiberi Reichert Sestak Towns Barrow Edwards (TX) Langevin Polis (CO) Schrader Tierney Reyes Shadegg Pomeroy Schwartz Tsongas Bartlett Ehlers Larsen (WA) Titus Richardson Shea-Porter Posey Scott (GA) Turner Barton (TX) Ellison Larson (CT) Tonko Rodriguez Sherman Bean Ellsworth Latham Price (GA) Scott (VA) Upton Towns Roe (TN) Shimkus Becerra Emerson LaTourette Price (NC) Sensenbrenner Van Hollen Tsongas Rogers (AL) Shuler ´ Berkley Engel Latta Putnam Serrano Velazquez Turner Rogers (KY) Shuster Berman Eshoo Lee (CA) Quigley Sessions Visclosky Upton Rogers (MI) Simpson Walden Berry Etheridge Lee (NY) Radanovich Sestak Rohrabacher Sires Rahall Shadegg Van Hollen Walz Biggert Fallin Levin Rooney Skelton Rangel Shea-Porter Vela´ zquez Wamp Bilbray Farr Lewis (CA) Ros-Lehtinen Slaughter Rehberg Sherman Visclosky Wasserman Bilirakis Fattah Lewis (GA) Roskam Smith (NE) Reichert Shimkus Walden Schultz Bishop (GA) Filner Linder Ross Smith (NJ) Reyes Shuler Walz Waters Bishop (NY) Flake Lipinski Rothman (NJ) Smith (TX) Richardson Shuster Wamp Watson Bishop (UT) Fleming LoBiondo Roybal-Allard Smith (WA) Rodriguez Simpson Watt Blackburn Forbes Loebsack Wasserman Royce Snyder Blumenauer Foster Lofgren, Zoe Roe (TN) Sires Schultz Ruppersberger Souder Waxman Rogers (AL) Skelton Weiner Blunt Foxx Lowey Waters Rush Space Boccieri Frank (MA) Lucas Rogers (KY) Slaughter Watson Ryan (OH) Speier Welch Rogers (MI) Smith (NE) Westmoreland Boehner Franks (AZ) Luetkemeyer Watt Ryan (WI) Spratt Bonner Frelinghuysen Luja´ n Rohrabacher Smith (NJ) Waxman Salazar Stearns Wexler Rooney Bono Mack Fudge Lummis Smith (TX) Weiner Sa´ nchez, Linda Stupak Whitfield Ros-Lehtinen Smith (WA) Boozman Gallegly Lungren, Daniel Welch T. Sullivan Wilson (OH) Roskam Snyder Boren Garrett (NJ) E. Westmoreland Sanchez, Loretta Sutton Wilson (SC) Ross Souder Boswell Gerlach Lynch Wexler Sarbanes Tanner Wittman Rothman (NJ) Space Boucher Giffords Mack Scalise Tauscher Wolf Roybal-Allard Speier Whitfield Boustany Gingrey (GA) Maffei Schakowsky Taylor Woolsey Royce Spratt Wilson (OH) Boyd Gohmert Maloney Schauer Teague Wu Ruppersberger Stearns Wilson (SC) Brady (PA) Gonzalez Manzullo Schiff Terry Yarmuth Rush Stupak Wittman Brady (TX) Goodlatte Marchant Schmidt Thompson (CA) Young (AK) Ryan (OH) Sullivan Wolf Braley (IA) Gordon (TN) Markey (CO) Schock Thompson (MS) Young (FL) Ryan (WI) Sutton Woolsey Bright Granger Markey (MA) Salazar Tanner Wu Broun (GA) Graves Marshall ANSWERED ‘‘PRESENT’’—4 Sa´ nchez, Linda Tauscher Yarmuth Brown (SC) Grayson Massa T. Taylor Young (AK) Blackburn Conaway Brown, Corrine Green, Al Matheson Campbell Neugebauer Sanchez, Loretta Teague Young (FL) Brown-Waite, Green, Gene Matsui NOT VOTING—10 Ginny Griffith McCarthy (CA) NOT VOTING—9 Buchanan McCarthy (NY) Grijalva Capito Deal (GA) Murtha Boucher Deal (GA) Pascrell Burgess Guthrie McCaul Capito Dingell Stark Capuano Fortenberry Pascrell Burton (IN) Gutierrez McClintock Conyers Israel Stark Capuano Fortenberry Butterfield Hall (NY) McCollum Conyers Murtha Buyer Hall (TX) McCotter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Calvert Halvorson McDermott The SPEAKER pro tempore (during Camp Hare McGovern the vote). Members are reminded there The SPEAKER pro tempore (during Campbell Harman McHenry the vote). Members are reminded there Cantor Harper McHugh are 2 minutes remaining in this vote. are 2 minutes remaining in this vote. Cao Hastings (FL) McIntyre Capps Hastings (WA) McKeon b 1545 b 1534 Cardoza Heinrich McMahon So (two-thirds being in the affirma- Carnahan Heller McMorris tive) the rules were suspended and the So (two-thirds being in the affirma- Carney Hensarling Rodgers Carson (IN) Herger McNerney resolution was agreed to. tive) the rules were suspended and the Carter Herseth Sandlin Meek (FL) The result of the vote was announced resolution was agreed to. Cassidy Higgins Meeks (NY) as above recorded. The result of the vote was announced Castle Hill Melancon A motion to reconsider was laid on as above recorded. Castor (FL) Himes Mica Chaffetz Hinchey Michaud the table. A motion to reconsider was laid on Chandler Hinojosa Miller (FL) f the table. Childers Hirono Miller (MI) Clarke Hodes Miller (NC) SUPPORTING GLOBAL YOUTH f Clay Hoekstra Miller, Gary SERVICE DAYS Cleaver Holden Miller, George SUPPORTING NATIONAL Clyburn Holt Minnick The SPEAKER pro tempore. The un- COMMUNITY COLLEGE MONTH Coble Honda Mitchell finished business is the question on Coffman (CO) Hoyer Mollohan suspending the rules and agreeing to The SPEAKER pro tempore. The un- Cohen Hunter Moore (KS) the resolution, H. Res. 353. finished business is the vote on the mo- Cole Inglis Moore (WI) Conaway Inslee Moran (KS) The Clerk read the title of the resolution to suspend the rules and agree to Connolly (VA) Issa Moran (VA) tion. the resolution, H. Res. 338, on which Cooper Jackson (IL) Murphy (CT) The SPEAKER pro tempore. The the yeas and nays were ordered. Costa Jackson-Lee Murphy (NY) Costello (TX) Murphy, Patrick question is on the motion offered by The Clerk read the title of the resolu- Courtney Jenkins Murphy, Tim the gentleman from Colorado (Mr. tion. Crenshaw Johnson (GA) Myrick POLIS) that the House suspend the The SPEAKER pro tempore. The Crowley Johnson (IL) Nadler (NY) rules and agree to the resolution, H. question is on the motion offered by Cuellar Johnson, E. B. Napolitano Culberson Johnson, Sam Neal (MA) Res. 353. the gentleman from Colorado (Mr. Cummings Jones Neugebauer The question was taken. POLIS) that the House suspend the Dahlkemper Jordan (OH) Nunes The SPEAKER pro tempore. In the rules and agree to the resolution, H. Davis (AL) Kagen Nye opinion of the Chair, two-thirds being Davis (CA) Kanjorski Oberstar Res. 338. Davis (IL) Kaptur Obey in the affirmative, the ayes have it. This is a 5-minute vote. Davis (KY) Kennedy Olson RECORDED VOTE The vote was taken by electronic de- Davis (TN) Kildee Olver Mr. CONNOLLY of Virginia. Madam vice, and there were—yeas 424, nays 0, DeFazio Kilpatrick (MI) Ortiz DeGette Kilroy Pallone Speaker, I demand a recorded vote. not voting 9, as follows: Delahunt Kind Pastor (AZ) A recorded vote was ordered. [Roll No. 232] DeLauro King (IA) Paul The SPEAKER pro tempore. This is a Dent King (NY) Paulsen YEAS—424 5-minute vote. Diaz-Balart, L. Kingston Payne The vote was taken by electronic de- Abercrombie Adler (NJ) Altmire Diaz-Balart, M. Kirk Pence Ackerman Akin Andrews Dicks Kirkpatrick (AZ) Perlmutter vice, and there were—ayes 424, noes 0, Aderholt Alexander Arcuri Dingell Kissell Perriello not voting 9, as follows:

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MY7.023 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5133 [Roll No. 233] Napolitano Ross Sullivan REPORT ON RESOLUTION PRO- Neal (MA) Rothman (NJ) Sutton VIDING FOR CONSIDERATION OF AYES—424 Neugebauer Roybal-Allard Tanner Nunes Royce H.R. 1728, MORTGAGE REFORM Abercrombie Davis (IL) Jordan (OH) Tauscher Nye Ruppersberger Ackerman Davis (KY) Kagen Taylor AND ANTI-PREDATORY LENDING Oberstar Rush Aderholt Davis (TN) Kanjorski Teague ACT Obey Ryan (OH) Adler (NJ) DeFazio Kaptur Terry Olson Ryan (WI) Ms. PINGREE of Maine, from the Akin DeGette Kennedy Thompson (CA) Olver Salazar Alexander Delahunt Kildee Thompson (MS) Committee on Rules, submitted a priv- Ortiz Sa´ nchez, Linda Altmire DeLauro Kilpatrick (MI) Thompson (PA) ileged report (Rept. No. 111–96) on the Pallone T. Andrews Dent Kilroy Thornberry Pastor (AZ) Sanchez, Loretta resolution (H. Res. 400) providing for Arcuri Diaz-Balart, L. Kind Tiahrt Paul Sarbanes consideration of the bill (H.R. 1728) to Austria Diaz-Balart, M. King (IA) Tiberi Paulsen Scalise Baca Dicks King (NY) Tierney amend the Truth in Lending Act to re- Payne Schakowsky Bachmann Dingell Kingston form consumer mortgage practices and Pence Schauer Titus Bachus Doggett Kirk Perlmutter Schiff Tonko provide accountability for such prac- Baird Donnelly (IN) Kirkpatrick (AZ) Perriello Schmidt Towns tices, to provide certain minimum Baldwin Doyle Kissell Peters Schock Tsongas Barrett (SC) Dreier Klein (FL) standards for consumer mortgage Peterson Schrader Turner Barrow Driehaus Kline (MN) loans, and for other purposes, which Schwartz Upton Bartlett Duncan Kosmas Petri Van Hollen was referred to the House Calendar and Barton (TX) Edwards (MD) Kratovil Pingree (ME) Scott (GA) Vela´ zquez Bean Edwards (TX) Kucinich Pitts Scott (VA) ordered to be printed. Visclosky Becerra Ehlers Lamborn Platts Sensenbrenner f Berkley Ellison Lance Poe (TX) Serrano Walden Berman Ellsworth Langevin Polis (CO) Sessions Walz REPORT RELATING TO AGREE- Berry Emerson Larsen (WA) Pomeroy Sestak Wamp MENT BETWEEN THE UNITED Posey Shadegg Biggert Engel Larson (CT) Wasserman STATES AND THE INTER- Bilbray Eshoo Latham Price (GA) Shea-Porter Schultz Bilirakis Etheridge LaTourette Price (NC) Sherman Waters NATIONAL ATOMIC ENERGY Bishop (GA) Fallin Latta Putnam Shimkus Watson AGENCY FOR THE APPLICATION Bishop (NY) Farr Lee (CA) Quigley Shuler Watt OF SAFEGUARDS—MESSAGE Radanovich Shuster Bishop (UT) Fattah Lee (NY) Waxman FROM THE PRESIDENT OF THE Blackburn Filner Levin Rahall Simpson Weiner Blumenauer Flake Lewis (CA) Rangel Sires Welch UNITED STATES (H. DOC. NO. 111– Blunt Fleming Lewis (GA) Rehberg Skelton Westmoreland 37) Slaughter Boccieri Forbes Linder Reichert Wexler Reyes Smith (NE) The SPEAKER pro tempore laid be- Boehner Foster Lipinski Whitfield Richardson Smith (NJ) Bonner Foxx LoBiondo Wilson (OH) fore the House the following message Rodriguez Smith (TX) Bono Mack Frank (MA) Loebsack Wilson (SC) from the President of the United Boozman Franks (AZ) Lofgren, Zoe Roe (TN) Smith (WA) Wittman States; which was read and, together Boren Frelinghuysen Lowey Rogers (AL) Snyder Wolf Boswell Fudge Lucas Rogers (KY) Souder with the accompanying papers, referred Woolsey Boucher Gallegly Luetkemeyer Rogers (MI) Space to the Committee on Foreign Affairs Wu Boustany Garrett (NJ) Luja´ n Rohrabacher Speier and ordered to be printed: Boyd Gerlach Lummis Rooney Spratt Yarmuth Brady (PA) Giffords Lungren, Daniel Ros-Lehtinen Stearns Young (AK) To the Congress of the United States: Brady (TX) Gingrey (GA) E. Roskam Stupak Young (FL) I transmit herewith a list of the Braley (IA) Gohmert Lynch sites, locations, facilities, and activi- Bright Gonzalez Mack NOT VOTING—9 Broun (GA) Goodlatte Maffei ties in the United States that I intend Capito Deal (GA) Murtha Brown (SC) Gordon (TN) Maloney to declare to the International Atomic Capuano Fortenberry Pascrell Brown, Corrine Granger Manzullo Conyers Hill Stark Energy Agency (IAEA), under the Pro- Brown-Waite, Graves Marchant tocol Additional to the Agreement be- Ginny Grayson Markey (CO) Buchanan Green, Al Markey (MA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tween the United States of America Burgess Green, Gene Marshall The SPEAKER pro tempore (Mr. and the International Atomic Energy Burton (IN) Griffith Massa Agency for the Application of Safe- BRIGHT) (during the vote). There are 2 Butterfield Grijalva Matheson guards in the United States of Amer- Buyer Guthrie Matsui minutes left for the vote. Calvert Gutierrez McCarthy (CA) ica, with Annexes, signed at Vienna on Camp Hall (NY) McCarthy (NY) June 12, 1998 (the ‘‘U.S.–IAEA Addi- Campbell Hall (TX) McCaul b 1554 tional Protocol’’), and constitutes a re- Cantor Halvorson McClintock port thereon, as required by section 271 Cao Hare McCollum So (two-thirds being in the affirma- Capps Harman McCotter of Public Law 109–401. In accordance Cardoza Harper McDermott tive) the rules were suspended and the with section 273 of Public Law 109–401, Carnahan Hastings (FL) McGovern resolution was agreed to. I hereby certify that: Carney Hastings (WA) McHenry Carson (IN) Heinrich McHugh The result of the vote was announced (1) each site, location, facility, and Carter Heller McIntyre as above recorded. activity included in the list has been Cassidy Hensarling McKeon examined by each department and Castle Herger McMahon A motion to reconsider was laid on agency with national security equities Castor (FL) Herseth Sandlin McMorris the table. Chaffetz Higgins Rodgers with respect to such site, location, fa- Chandler Himes McNerney cility, or activity; and Childers Hinchey Meek (FL) f (2) appropriate measures have been Clarke Hinojosa Meeks (NY) Clay Hirono Melancon taken to ensure that information of di- Cleaver Hodes Mica PERSONAL EXPLANATION rect national security significance will Clyburn Hoekstra Michaud not be compromised at any such site, Coble Holden Miller (FL) Mr. CONYERS. Mr. Speaker, due to events location, facility, or activity in con- Coffman (CO) Holt Miller (MI) Cohen Honda Miller (NC) in my congressional district, I was unable to nection with an IAEA inspection. Cole Hoyer Miller, Gary vote today. If I were present, I would have The enclosed draft declaration lists Conaway Hunter Miller, George voted in favor of the following bills: H. Res. each site, location, facility, and activ- Connolly (VA) Inglis Minnick ity I intend to declare to the IAEA, and Cooper Inslee Mitchell 299, expressing the sense of the House of Costa Israel Mollohan Representatives that public servants should be provides a detailed description of such Costello Issa Moore (KS) sites, locations, facilities, and activi- commended for their dedication and continued Courtney Jackson (IL) Moore (WI) ties, and the provisions of the U.S.– Crenshaw Jackson-Lee Moran (KS) service to the Nation during Public Service IAEA Additional Protocol under which Crowley (TX) Moran (VA) Recognition Week, May 4 through 10, 2009; Cuellar Jenkins Murphy (CT) they would be declared. Each site, loca- Culberson Johnson (GA) Murphy (NY) H. Res. 338, supporting the goals and ideals tion, facility, and activity would be de- Cummings Johnson (IL) Murphy, Patrick of National Community College Month; H. clared in order to meet the obligations Dahlkemper Johnson, E. B. Murphy, Tim Davis (AL) Johnson, Sam Myrick Res. 353, supporting the goals and ideals of of the United States of America with Davis (CA) Jones Nadler (NY) Global Youth Service Days. respect to these provisions.

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MY7.024 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5134 CONGRESSIONAL RECORD — HOUSE May 5, 2009 The IAEA classification of the en- Moving on down the Rio Grande So both of those things, we should closed declaration is ‘‘Highly Confiden- River toward the Gulf of Mexico, encourage the sheriffs departments to tial Safeguards Sensitive’’; however, Culberson County Sheriff Carrillo, 22 use and to get that equipment. Be- the United States regards this informa- percent. The three next counties, Jeff cause, you see, Mr. Speaker, the drug tion as ‘‘Sensitive but Unclassified.’’ Davis, Presidio, and Brewster Counties cartels have more money, they have Nonetheless, under Public Law 109– did not have information that they more people, they have better equip- 401, information reported to, or other- could furnish me, so I will move on ment than we do on this side of the wise acquired by, the United States down the river and talk about the border, and that is one way we can en- Government under this title or under other ones. force the security of the border. the U.S.–IAEA Additional Protocol Val Verde County, 39 percent of the We ought to also use the National shall be exempt from disclosure under people in the county jail are foreign Guard on the border. The border Gov- section 552 of title 5, United States nationals; Kinney County, 71 percent, ernors have requested the use of the Code. foreign nationals; Maverick County, 65 National Guard, and we should use the BARACK OBAMA. percent; Dimmit County, 45 percent; National Guard. THE WHITE HOUSE, May 5, 2009. Webb County, that is where Laredo is, And lastly, Mr. Speaker, I have met f 45 percent are foreign nationals; Za- with the sheriffs from Brownsville all the way to San Diego, and they are in SPECIAL ORDERS pata County, 65 percent; Starr County, 53 percent; Hidalgo County, 23 percent; a group called the Southwest Border The SPEAKER pro tempore. Under and then Cameron County, down on the Sheriff’s Coalition. There is 31 of these the Speaker’s announced policy of Jan- Mexico-Texas border that buttresses sheriffs, and they have asked, through uary 6, 2009, and under a previous order the Gulf of Mexico, is 28 percent. me, to ask the President of the United of the House, the following Members You can make statistics prove what- States to meet with them so the sher- will be recognized for 5 minutes each. ever you want them to, Mr. Speaker, iffs can tell the President firsthand f but those are a lot of people in Amer- what is taking place on the border from Brownsville, Texas, all the way to b 1600 ican jails from foreign countries that have been charged with committing San Diego, California, and hopefully CROSS-BORDER CRIME crimes in this country. That is one rea- the President will do that. We need to The SPEAKER pro tempore (Mr. son, maybe the primary reason, why we protect the border. That is the first GRIFFITH). Under a previous order of need to protect the sanctity of the bor- duty of government. the House, the gentleman from Texas der. And that’s just the way it is. (Mr. POE) is recognized for 5 minutes. We talk about border security. We f Mr. POE of Texas. Mr. Speaker, I are spending money on border security. TOO MANY HAVE DIED We are sending a lot of money down to want to talk about one of the most im- The SPEAKER pro tempore. Under a portant things taking place in our Mexico to spend on border security. previous order of the House, the gentle- country, and that is the battle on the But the truth of the matter is cross- woman from California (Ms. WOOLSEY) second front. I am not talking about traveler crime is still being committed, is recognized for 5 minutes. the war in Afghanistan or the war in and people are committing crimes in Ms. WOOLSEY. Mr. Speaker, a recent Iraq, but I am talking about the battle American counties who are foreign na- report from the Associated Press gave that is fought daily on the southern tionals, and it is time the United us a new and very grim reminder of the border of the United States with Mex- States realize this truth and secure the human cost of the conflict in Iraq. ico and those people that try to come border. According to the A.P., the Iraqi Gov- into the United States illegally. I call A lot of these people are charged ernment has secretly recorded over it the border wars. with drug crimes, the drug cartels, 87,000 killings since the year 2005. The Mr. Speaker, we hear a lot about that drug runners. Many of those people in A.P. also added its own statistics on crime comes into the United States our jails are those individuals. We are the known number of deaths between from the south, from all countries, learning now that there is a new effort 2003 and 2005. through Mexico. And then we hear that to build tunnels into the United States, When you add those numbers, you it is not really a problem. Sometimes not just over in California, but in get over 110,000 Iraqi civilian deaths it is very difficult for us to know ex- Texas and Arizona, as well, where need- since the beginning of the American actly what the truth is. It always tends ed. occupation. But, Mr. Speaker, the to be based upon who is giving us that So, obviously, the sheriffs in these death toll is even higher than that. The information. counties need help, and we need every- A.P. said that an Iraqi official esti- Recently, I was down on the Texas- body working on the border, all the mated the actual number of deaths to Mexico border. I visited with numerous Federal agencies, the Border Patrol, be 10 to 20 percent higher because of of our sheriffs and I asked them this the ATF, the DEA, we need all of them. the thousands who are still missing question: How many people do you Plus, we need the locals who patrol the and civilians who were buried in the have in your county jail that are whole county. Unlike the Border Pa- chaos of war without official records. charged with crimes in your county? I trol that only patrols the first 35 miles Of course, the death toll itself does am not talking about people being held inland, the county sheriffs patrol the not measure the full human cost of the on immigration violations, just people vastness of the county. conflict. It doesn’t include the injured. in jail charged with misdemeanors or So what can they do about it? There It doesn’t include the children who felonies. And so the different sheriffs are a couple of programs that we need have been orphaned. It doesn’t include gave me the information that I would to help the sheriffs be involved in. One the families that have been devastated like to relate to you tonight. of those is they can get from the De- by the loss of their loved ones and their We will start off in far west Texas, in partment of Defense used equipment, breadwinners. It doesn’t include the El Paso, a large population. The Sher- equipment that has been used by our suffering of the 4 million refugees. It iff’s Department says: About 18 percent military, and all they have to do is re- doesn’t include the countless deaths of the people in our county jail are for- pair it and they can use that equip- from indirect causes, which includes eign nationals in the United States le- ment. We are talking about Humvees. the lack of health care because hos- gally, illegally, charged with crimes, We are talking about trucks. We are pitals were closed and so many doctors misdemeanors or felonies. talking about, even, helicopters. They were forced to flee. And it doesn’t in- You move next door to Hudspeth can repair that equipment by sending clude the people who have seen their County, a vast county the size of Con- it to the State penitentiary where futures taken away from them because necticut and Rhode Island, not very those mechanics are that can repair it. of their schools and colleges being many sheriff’s deputies in that county. They can also buy, at a low price, closed by the fighting. It is no surprise Sheriff Arvin West says: 90 percent of equipment that has been used occasion- that the A.P. report said almost every the people in my county jail are for- ally, new or used equipment that is no person in Iraq has been touched by the eign nationals. longer used by our military. violence.

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MY7.026 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5135 And of course, Mr. Speaker, here in 250 detainees who are suspects from the b 1615 America we have seen 35,000 of our fin- war on terrorism will be processed and The decision to close Guantanamo est and bravest men and women killed moved, possibly to facilities located in- Bay detention facility and relocate ter- or wounded in battle, and 140,000 of our side the United States. The U.S. dis- ror suspects should not be made reck- troops remain in harm’s way today. ciplinary barracks at Fort Leaven- lessly. I’m troubled that the adminis- Mr. Speaker, war is not a video game. worth, Kansas, is apparently one of the tration is seeking to move forward on Real people die or are horribly wound- facilities under consideration to house Guantanamo despite the absence of a ed and scarred, and they are scarred these prisoners. closure and relocation plan and despite and wounded for life. Real families suf- I have visited Fort Leavenworth, the the lack of congressional review. In fer. We need to remember that when we city of Leavenworth, and surrounding their recently submitted FY 09 war make momentous decisions about war communities. I have talked to city offi- supplemental request to Congress, they and peace in this House, we have to cials, local businesses, and State legis- ask us for $80 million to close the consider those statistics. lators. I have spoken to U.S. military Guantanamo detention facility to relo- Today, our country is faced with an- officers and foreign military students cate prisoners, support personnel and other tough decision about war: What attending the Army’s Command and services. to do about the situation in Afghani- General Staff College located at the I join the gentleman from California, stan. I oppose the supplementary fund- fort. Representative HUNTER, in asking the ing request for Iraq and Afghanistan. It Simply stated, Fort Leavenworth is a Appropriations Committee not to in- will prolong our occupation of Iraq poor fit for placing Guantanamo de- clude this funding in the supplemental through at least the year 2011, and it tainees. Fort Leavenworth is known as until we see a plan. Still lacking these will expand our military presence in the ‘‘Intellectual Center of the Army,’’ details this week, I’m pleased to see Afghanistan indefinitely. where the leaders of our military and that our appropriations chairman, Mr. Instead of attempting to find mili- foreign militaries are educated. How- OBEY, announced his refusal to provide tary solutions to the problems we face ever, should these politically sensitive the funding. in Iraq and Afghanistan, the adminis- detainees be located at the fort, many This critical national security deci- tration must fundamentally change countries will likely discontinue send- sion deserves critical thought. Detain- our mission in both countries to focus ing military students to America to be ees should not be moved where they do on promoting reconciliation, economic trained. This action would disrupt Fort not belong. And detainees do not be- development, humanitarian aid, and re- Leavenworth’s primary mission of long at Fort Leavenworth. gional diplomatic efforts. military education. It would greatly f Diplomacy and economic develop- impair a successful international mili- ment are two of the cornerstones of my tary student program that has spread JUVENILE JUSTICE Smart Security Platform for the 21st good will around the world for 100 IMPROVEMENTS ACT century. This plan would employ the years. The SPEAKER pro tempore. Under a many effective nonmilitary tools that Additionally, our country should not we have to fight terrorism. These tools previous order of the House, the gen- make Fort Leavenworth’s soldiers and tleman from Connecticut (Mr. MURPHY) will cost a lot less and be far more ef- their families and northeast Kansas fective. They will save lives, stop ter- is recognized for 5 minutes. unfairly bear this responsibility at the Mr. MURPHY of Connecticut. Mr. rorism, and keep us safe at the same cost of their safety and economic well- time, or at least safer than a military Speaker, I rise today in support of leg- being. The 3,000 residents who live on islation that I recently introduced, option. I invite all of my colleagues to post as well as the residents of nearby consider House Resolution 363, which along with several cosponsors, the Ju- communities would be living at a high- venile Justice Improvement Act. describes the full plan. er security risk. Since the fort has no Mr. Speaker, it is clear that the mili- Mr. Speaker, every day in America, major medical facilities, dangerous de- 90,000 youth are incarcerated in our ju- tary option has taken us down the tainees would need to be transported to wrong road in both Iraq and Afghani- venile correctional facilities. Seventy a local hospital or V.A. for medical at- percent of these youth are held for non- stan for the past 7 years. The military tention. Local public safety officials option hasn’t made us more secure. It criminal acts like running away or vio- are not capable of handling a terrorist lating curfew. Instead of working with has cost our Treasury over $1 trillion incident or protests that may occur so far, with no end in sight. And the these youth and these families to iden- and would require greater resources. tify the root of their problem and help human toll has been appalling. It is The need to increase security at the time to do something that will make them find alternatives to their nega- fort would likely close off citizen active behavior, our policy in too many our Nation safer and save countless cess to Sherman Airfield, the only pub- lives. The smart security platform for places around this country is to simply lic airport in Leavenworth, as well as lock them up. Even more shocking, the 21st century will achieve both of stop rail and river barge traffic that these goals. 7,500 of our Nation’s young people sit in runs to the post. These actions would adult jails on any given day, even f have significant economic con- though study after study has proven The SPEAKER pro tempore. Under a sequences. that that practice of putting youth in previous order of the House, the gen- Finally, the fort’s disciplinary bar- adult facilities only increases the like- tleman from North Carolina (Mr. racks lack the capability to house ter- lihood of recidivism and puts them at JONES) is recognized for 5 minutes. rorist suspects. It is largely a medium- risk amongst that sometimes very dan- (Mr. JONES addressed the House. His security facility for military prisoners. gerous adult population. remarks will appear hereafter in the It would cost hundreds of millions of Sadly, these are not the only con- Extensions of Remarks.) dollars to upgrade the disciplinary bar- sequences of putting juveniles in the f racks to maximum security level and adult system. Keeping children safe in to construct the hospital, residential, the adult juvenile justice system is ex- FORT LEAVENWORTH, A POOR FIT and support facilities that would be re- tremely difficult. All too often, phys- FOR GUANTANAMO DETAINEES quired to house the additional pris- ical and sexual assault become com- The SPEAKER pro tempore. Under a oners and security personnel. As a monplace. According to the Depart- previous order of the House, the gen- small post surrounded by a civilian ment of Justice’s statistics division, 21 tleman from Kansas (Mr. MORAN) is population, there is no room to grow. percent and 13 percent of all substan- recognized for 5 minutes. Fort Leavenworth is clearly an un- tiated victims of inmate-on-inmate Mr. MORAN of Kansas. Mr. Speaker, suitable location. I am a sponsor of leg- sexual violence in jails in 2005 and 2006 in January, shortly after taking office, islation introduced by my colleague of respectively were youth under the age President Obama ordered the closure of Kansas, Ms. JENKINS, to prevent Guan- of 18. That number is disturbingly high the detention facility at Guantanamo tanamo detainees from being relocated when you take into account that juve- Bay Naval Base within the year. Up to there. niles account for only 1 percent of all

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.078 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5136 CONGRESSIONAL RECORD — HOUSE May 5, 2009 inmates. Thirteen percent of all sexual ity in government to stand up for ing significant challenges reinte- violence in our prisons is against these youthful offenders, Mr. Speaker. It is grating into their communities could young people. They represent 1 percent not an easy thing for Members of this lead to the potential emergence of ter- of the total population. Moreover, and House or State legislatures to stand up rorist groups or lone wolf extremists not surprisingly, youth have the high- and fight for. capable of carrying out violent at- est rate of suicide in our jails. And as But we need to fight for these kids tacks.’’ we know too well in Connecticut, plac- under the age of 18 who may have made I wasn’t paranoid before, Mr. Speak- ing juveniles with adults only exacer- a mistake, maybe a big mistake, to try er, but if we are going to pass new reg- bates that problem. to give them a second chance or at the ulations on firearms, we are going to However, I’m hopeful that with this very least to try to make sure that change the Second Amendment. And legislation, H.R. 1873, the Juvenile Jus- when they are in prison, when they are the fact that I would like to keep my tice Improvement Act, we can start to locked up behind bars that they are own guns and that I’m a veteran who reverse these dangerous trends. safe from the ravages that can be asso- has served, that makes me a possible Mr. Speaker, by keeping youth out of ciated with incarceration. If we can do terrorist, as stated by our own govern- the adult criminal justice system and those things, we are a better Congress ment, by our own administration. by using rehabilitative programs and and we are a better society. I read further down: right-wing extre- services that are proven to try to help With that, I urge my colleagues to mism—and by the way, it is interesting stop that cycle of crime, youth in- join me in cosponsoring H.R. 1873. that they don’t talk about left-wing ex- volved in these systems can emerge as tremism or liberal extremism or pro- f proactive, positive and productive gressivists. It is just right-wing extre- The SPEAKER pro tempore. Under a members of our community and of our mism, and that is okay to talk about. previous order of the House, the gen- workforce. It is okay to scorn those people that tleman from North Carolina (Mr. Specifically, this bill would protect are right wing. They aren’t as Amer- MCHENRY) is recognized for 5 minutes. youth prosecuted as adults from being ican as everybody else. ‘‘Right-wing ex- (Mr. MCHENRY addressed the House. held in adult jails or lockups while tremism in the United States can be His remarks will appear hereafter in awaiting trial except in very limited broadly divided into those groups, the Extensions of Remarks.) circumstances. In these limited cir- movements and adherents that are pri- cumstances, youth prosecuted as f marily hate oriented,’’ I’m quoting adults must be sight and sound sepa- LONE WOLF HUNTER here from this memo, ‘‘those that are rated from adults in that facility to mainly anti-government, rejecting help protect their safety. Fortunately, The SPEAKER pro tempore. Under a Federal authority in favor of State or some States already allow youth who previous order of the House, the gen- local authority.’’ That means every have been convicted as adults to serve tleman from California (Mr. HUNTER) is single one of our Founding Fathers was their sentence in juvenile correctional recognized for 5 minutes. a possible terrorist because they be- facilities. H.R. 1873 would remove a Mr. HUNTER. Mr. Speaker, I rise lieved in local authority. They believed provision in current law that penalizes today to condemn the statements writ- in States’ rights. They didn’t want an these States for choosing to house ten as part of an assessment by the De- all-encompassing, dominating Federal youth convicted as adults in more ap- partment of Homeland Security Government. propriate settings while not endan- classifying disgruntled veterans as a It also includes groups of individuals gering other youth in the facility. threat to U.S. security and potential that are dedicated to a single issue, The Juvenile Justice Improvement recruits for right-wing extremist such as opposition to abortion or immi- Act would also work to keep youth out groups. The report was distributed gration. I’m quoting again. of locked facilities for noncriminal sta- among law enforcement agencies So I’m pro-border security. I think tus offenses like running away or vio- throughout the country earlier this that illegal immigration is called ‘‘ille- lating curfew. It would do this by clos- week. When I was back home in San gal immigration’’ because, well, it is il- ing a loophole in the Juvenile Justice Diego, our El Cajon police department legal. That once more makes me a pos- and Delinquency Prevention Act. had actually gotten this memorandum sible terrorist. I’m pro-life. That makes This vital legislation would also en- classifying me. Because I served three me a possible terrorist too. courage States to take steps to elimi- tours overseas with the United States I keep reading down: ‘‘Returning vet- nate the use of dangerous practices Marine Corps, two in Iraq in Operation erans possess combat skills.’’ That is such as choking youth or restraining Iraqi Freedom and one in Afghanistan me. I possess combat skills. So do mil- them to fixed objects for the purpose of in Operation Enduring Freedom, I am a lions of other Americans that have coercion, punishment or the conven- possible terrorist. served in our Armed Forces since 2001— ience of staff. These steps would in- So, Mr. Speaker, I would just like to ‘‘combat skills and experience that are clude collecting data on the use of go over some stuff with this DHS attractive to right-wing extremists.’’ these dangerous practices in prisons, memorandum. It is the ‘‘Right-wing The DHS, our own government, is providing training to staff on effective Extremism: Current Economic and Po- concerned that right-wing extremists, I behavior management and creating an litical Climate Fueling Resurgence in guess that’s me, will attempt to recruit independent monitoring system to Radicalization and Recruitment.’’ And and radicalize returning veterans in oversee conditions across the country here is a picture of it here. This is an order to boost their violent capabili- at juvenile facilities. actual Department of Homeland Secu- ties. Finally, Mr. Speaker, the Juvenile rity memorandum that went out to That sounds pretty scary. I must be Justice Improvement Act would reward every local, State and Federal law en- pretty scary. I wonder if DHS is on States through incentive grants that forcement agency in the entire coun- their way here to get me right now. I are implementing ideas that are re- try. will stay here and wait for them for a search and evidence based. Such re- I would just like to go over a few little bit longer. forms would include making juvenile points of it. It first starts off by saying I read further down: ‘‘Many right- justice facilities safer based on this re- that ‘‘the Department of Homeland Se- wing extremists are agnostic toward search, improving public safety in the curity Office of Intelligence and Anal- the new Presidential administration rehabilitation of juvenile delinquents ysis has no specific information that and its perceived stance on a range of based on research, and better address- domestic right-wing terrorists are cur- issues, including immigration and citi- ing the mental health needs of juvenile rently planning acts of violence.’’ So zenship, the expansion of social pro- justice inmates based on research. they don’t have any evidence for any- grams’’—that is a new one. If you don’t Mr. Speaker, these changes to the ju- thing, but they are still going to call like the expansion of social programs, venile justice system are critical to en- people like me possible ‘‘terrorists.’’ you’re a possible terrorist, too—‘‘and sure that all of our youth become law- We read further down: ‘‘The possible restrictions on firearms ownership and abiding, contributing members of soci- passage of new restrictions on firearms use.’’ If you weren’t paranoid before, ety. There is not always political util- and the return of military veterans fac- you ought to be getting paranoid now.

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.081 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5137 I will keep reading: ‘‘Right-wing ex- ments that remain measurable to this one of its greatest patriots, and I mean tremists were concerned during the day. that. Jack Kemp served in this body, 1990s with the perception that illegal Their footprints remain on the Moon and I had the pleasure of knowing him immigrants were taking away Amer- today and forever. The entire endeavor for a long, long time. ican jobs through their willingness to was a culmination of an intensive ef- He started out his career, as far as I work at significantly lower wages. fort by tens of thousands of scientists, can remember, as a football player. He They also opposed free trade agree- engineers and other dedicated individ- was at San Diego where he played. As ments, arguing that these arrange- uals to meet the challenge laid down I understand it, the football team out by President John F. Kennedy 8 years ments resulted in Americans losing there really didn’t think he had what it jobs to other countries.’’ Are Ameri- earlier. President Kennedy encouraged took to become a starting quarterback, cans not losing jobs to China, to Com- Americans to rise to challenges like and they sold him to the Buffalo Bills munist China, to India and to Mexico? this one, and the American people re- for $500, I believe. He always laughed If you believe that American jobs are sponded with ingenuity, discipline and about that. And for $500, the Buffalo worth fighting for, then you’re a ter- a spirit of collective effort. This jour- Bills got an all-star quarterback. They rorist. ney took political will, scientific and won several conference titles in the technological risk-taking, inspiration f AFC, and he was an All Pro. Jack and the heart and soul of millions of HONORING THE CREW OF THE Kemp was all pro his whole life. When Americans who supported this space APOLLO 11 MISSION TO THE MOON he ran for Congress and came to this program. The SPEAKER pro tempore. Under a Chamber, everyone who knew him and previous order of the House, the gen- b 1630 met him knew immediately he would tleman from Florida (Mr. GRAYSON) is And it took the competence and become one of our leaders. He became recognized for 5 minutes. courage of these men, Armstrong, our conference chairman and a leader Mr. GRAYSON. Mr. Speaker, it is Aldrin and Collins, to make Apollo 11 in so many ways. Ronald Reagan with great pride that I introduce legis- the success that it was. tapped him to work with him on cut- lation today to award the Congres- As the culmination of the U.S.-Soviet ting taxes, which stimulated the long- sional Gold Medal to four brave and ex- space race that commenced with the est period of economic growth in our emplary Americans, Commander Neil Soviet’s launch of Sputnik in 1957, country’s history. Jack Kemp, along A. Armstrong, command module pilot Apollo 11’s success signified the United with Mr. Roth in the Senate, wrote the Michael Collins, and lunar module States’ ability to establish pre- Kemp-Roth bill, which was the catalyst pilot Edwin ‘‘Buzz’’ Aldrin, the crew of eminence in space. for the economic recovery under the the 1969 Apollo 11 mission to the Moon. It also helped to inspire a generation Reagan administration. Additionally, this legislation would to pursue careers in science and engi- Jack Kemp was a lot of fun to be award a Congressional Gold Medal to neering, and to believe in the power of with. He wasn’t just a stuffy guy. He John Glenn, the first American to orbit American society and American cul- was the kind of guy that you liked to the Earth and the man who helped set ture. Alone in that hotel room watch- be around, an all-American person as NASA firmly on the path of human ing TV, I certainly felt a lasting sense well as an all-American football player space exploration. of meaning, that connection to those and all-American political leader. Forty years ago, 500 million people three brave astronauts. watched as Armstrong took those fate- These astronauts represented in that He ran for Vice President with Bob ful steps on the Moon’s surface, the moment America’s destiny, a destiny Dole, and I truly believe he would have first time that humans had ever set shared by the thousands of men and been an outstanding Vice President foot on another world. In words that women who worked to make it happen. had he been elected. I also campaigned were as poetic as the occasion was This includes John Glenn, of course, for him up in New Hampshire when he meaningful, Armstrong said, ‘‘That is another brave pioneer of human space was running for President. I will never one small step for man and one great exploration who had made their jour- forget the Styrofoam footballs with his leap for mankind.’’ He was shortly fol- ney possible. name that he threw to us on the plane. lowed thereafter on the Moon’s surface Mr. Speaker, I think it is fitting that I think it was in January, and it was so by Aldrin as Collins circled overhead. on this 40th anniversary year of the cold. The thing I remember the most I was 11 years old that day, and I Apollo 11 mission, we grant these four was Jack put me on a plane. He had watched the Moon landing, joining brave Americans the recognition only three planeloads of congressmen, and much of humanity in celebrating this this Congress can bestow, the Congres- the only one that didn’t have heat was tremendous collective accomplish- sional Gold Medal. That’s why I am in- the one I was on. But he was worth it. ment. My family was on vacation, but troducing legislation to that effect He was worth campaigning door to I persuaded my parents to let me stay today. door, store to store in New Hampshire in the hotel room alone all day and I am pleased to be joined in this ini- because he would have been an out- watch television so that I could see tiative by the chairman of the House standing President. these giant men take those giant steps. Science and Technology Committee, I came down tonight to pay homage Their mission was a landmark for Bart Gordon; the chairwoman of the to a good friend whom we will all miss, America, for the world, and for all Space and Aeronautics Subcommittee, a man who was a great American, a time. Americans are still inspired by Gabrielle Giffords; Committee Ranking great father and husband, and he is these men and their mission to travel Member Ralph Hall; Subcommittee somebody who will be missed by not over a quarter of a million miles of Ranking Member Pete Olson; and Flor- only the people in this Chamber and dead space to reach our closest celes- ida Members Suzanne Kosmas and Bill the other Chamber and the White tial neighbor. I remember at the time Posey. House, but he will be missed by every- thinking that humankind as a species I believe this recognition is long body in America who knew him. He is capable of true greatness. And while overdue, and I urge my colleagues to was a great, great man. wolves howl at the Moon, humans visit support this legislation so it can be en- I just want to say to Joanne and his it. acted into law. four children, You have our deepest On this journey, the Apollo 11 crew f showed remarkable bravery, protected sympathy. Everybody in this body for days from the lifeless vacuum by HONORING JACK KEMP sends their best regards to you and only a thin metal shell. They collected The SPEAKER pro tempore. Under a their sympathy to you for this very more than 40 pounds of lunar samples, previous order of the House, the gen- trying time you are going through. took photographs and deployed experi- tleman from Indiana (Mr. BURTON) is If anyone gets to heaven, Jack will ments to study the solar wind, lunar recognized for 5 minutes. be up there, and he probably has a foot- dust, enable laser ranging and forever Mr. BURTON of Indiana. Mr. Speak- ball in his hands. I can’t wait to see carry out passive seismic measure- er, a couple of days ago America lost him again.

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.083 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5138 CONGRESSIONAL RECORD — HOUSE May 5, 2009 UYGHUR TERRORISTS into the United States, yet this Con- ings and the attack on the police station in The SPEAKER pro tempore. Under a gress and the American people are left Shanghai and Yunnan in May and July of in the dark about the administration’s 2008. previous order of the House, the gen- The attacks seem to have been carried out tleman from Virginia (Mr. WOLF) is plans to release the detainees? If the Congress doesn’t really care using remotely-detonated explosives devices. recognized for 5 minutes. Footage shown on the video showed a mem- Mr. WOLF. Mr. Speaker, I rise on the and want to hold oversight hearings, ber of the group placing the explosives in a floor again to raise the awareness of certainly the American people have a small suitcase and covering it with some the American people and of the Con- right to know who the Attorney Gen- cloths, while having a radio detonator in his gress that the safety of the United eral is asking to place in their commu- hand. States could be put at risk should At- nities. Seifullah also made an appeal to Last Friday, I called on this adminis- Turkistani Muslims to join the group’s torney General Eric Holder approve the camps in Waziristan and train on the latest release of trained terrorists into our tration to declassify and provide the American people with information re- weapons used by the Chinese army’s ground country. I repeat, released into this forces. He said that the group is currently country, not held in jails, but let free garding the capture, the detention, and trying to develop a training program on in our neighborhoods and our commu- the threat assessment of each detainee other weapons used by the army. nities. they intend to release inside the The East Turkistan Islamic Movement is a Eric Holder expects us to take his United States. Regardless of their in- militant group that advocates the creation word that the detainees are not a tended targets of terror, the American of an independent, Islamic state of East threat, and that is unacceptable. The people deserve to know whether they Turkestan, formally part of Afghanistan, in what is currently the Xinjiang region of Attorney General expects this Congress have been further radicalized due to their exposure to Al Qaeda leaders like China. to sit idly by and the American people The group is thought to have links with al to sit idly by until he announces he has Khalid Sheikh Mohammed. They have Qaeda. In its 2005 report on terrorism, the released the Uyghurs held at Guanta- been down in Guantanamo with some U.S. State Department said that the group namo Bay into the United States, into of the most violent people that have was ‘‘linked to al Qaeda and the inter- your neighborhood. In fact, he will not ever walked the Earth. And now, after national jihadist movement’’ and that al allow career FBI and government em- the radicalization that may have taken Qaeda provided the group with ‘‘training and ployees to even brief Members of Con- place, Eric Holder now wants to release financial assistance’’. gress on this. So much for this admin- them into our neighborhoods and into f istration’s promise of transparency and our communities. The SPEAKER pro tempore. Under a accountability. I worry about the impact these re- previous order of the House, the gen- Let me be clear: These detainees are leased Uyghurs will have on our na- tleman from Oregon (Mr. DEFAZIO) is trained terrorists who were caught in tional security. I have talked with sev- recognized for 5 minutes. camps affiliated with Al Qaeda. Those eral former members who have worked (Mr. DEFAZIO addressed the House. who would use terror are terrorists no in our intelligence community, and to His remarks will appear hereafter in matter their intended target. There a person they all believe that this will the Extensions of Remarks.) be dangerous for the United States. have been published reports that these f terrorists were members of the Eastern They all said, what message does their The SPEAKER pro tempore. Under a Turkistan Islamic Movement, ETIM, a release into the United States send to previous order of the House, the gentle- designated terrorist organization affili- Al Qaeda and other terrorist networks? woman from Ohio (Ms. KAPTUR) is rec- ated with Al Qaeda. How can Attorney General Holder ognized for 5 minutes. The detainees held at Guantanamo guarantee that the released Uyghurs (Ms. KAPTUR addressed the House. Bay are trained terrorists. They were will not stay in contact with Al Qaeda Her remarks will appear hereafter in trained in facilities affiliated with Al and provide them with intelligence the Extensions of Remarks.) Qaeda and Khalid Sheikh Mohammed, within the U.S.? Has Eric Holder never the mastermind of 9/11 who took pleas- heard of radicalization in prison? Some f people go into prison and come out ure in beheading Wall Street Journal U.S. ECONOMIC CONDITIONS reporter Daniel Pearl. worse than they go in. If the Attorney Last month, the U.S. Treasury froze General cannot or will not answer The SPEAKER pro tempore. Under the assets of Abdul Haq, the leader of these questions, he should not consider the Speaker’s announced policy of Jan- the ETIM. The Treasury Department releasing them. uary 6, 2009, the gentleman from Ohio targeted Haq as part of their efforts to I ask you, please, the American peo- (Mr. DRIEHAUS) is recognized for 60 shut down the Al Qaeda support net- ple need to have all of this information minutes as the designee of the major- work. before a decision is made. ity leader. So here Treasury designates Haq as a EAST TURKISTAN ISLAMIC PARTY APPEALS FOR Mr. DRIEHAUS. Mr. Speaker, thank terrorist, and Eric Holder wants to re- NEW RECRUITS IN NEW VIDEO you for the opportunity to address the lease the members of the terrorist The militant Islamist group East House today in what is the first of group to walk the streets. Turkistan Islamic Party (ETIM) released a what will be many conversations Upon making the designation, the new propaganda video, in which it appealed amongst the new Members of Congress Treasury Under Secretary for Ter- to Muslims in Turkistan to join the group’s and our observations as to where we camps in Waziristan, Pakistan. rorism and Financial Intelligence said, The 43-minute video is entitled ‘‘Persist- are going in this Congress, some of our ‘‘Abdul Haq commands a terror group ence and preparation for Jihad’’ and was pro- observations as to the economic condi- that sought to sow violence and frac- duced by the group’s media wing Sawt al tions and the policies that have gotten ture international unity at the 2008 Islam. us to where we are. Olympic games in China.’’ It includes a statement by the group’s cur- I would like to thank the Speaker What if our people had not picked up rent leader Sheikh Abul Haq, as well as its and the majority leader and the major- these terrorists and they had gotten late leader Hassan Makhdum, whose alias is ity whip for giving me this opportunity their training and had gone back to Abu Mohammed al Turkistani. Abul Haq said and for giving my fellow classmates, ‘‘jihad’’ was a duty that falls on all Muslims China and had blown up one of the just like any other religious duty. He also the new members of the Democratic Olympic facilities when many Amer- pledged more attacks against Chinese forces. class, the opportunity to come here ican citizens were there? What if? How ‘‘The operations of the Islamic Turkistani today and talk for just a little while is it that the U.S. Treasury Depart- Party will make China experience the same about what I believe to be the most ment can declare that this is a ter- taste of shame and defeat that America has pressing issue in the United States, and rorist group that ‘‘sought to sow vio- experienced in Iraq and Afghanistan,’’ Abul that is the foreclosure crisis and the lence’’ while the U.S. Justice Depart- Haq said. lending crisis that has led us into this Footage from the group’s training camp ment asserts that members of the same showed a group of militants undergoing recession. group caught at terrorist training training under the supervision of military We would like to talk about some of camps and held for 7 years at Guanta- commander identified as Seifullah. Once the reasons we got there. We would namo should be released free and clear again, he claimed credit for the bus bomb- like to talk about some of the actions

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.086 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5139 that have been taken since the Demo- Speaker, maybe that violates the spirit they would make loans available. crats have regained control of Congress of the Truth in Lending Act. What hap- Sometimes it was no money down, in order to address the foreclosure cri- pens is after this mortgage is sold sometimes it was no-doc loans. That is, sis. But we have heard much rhetoric three, four, five times, they have no you didn’t have to show any docu- over the years about why we are where idea who owns it. mentation as to your annual income. we are in terms of this economic crisis. b 1645 Yet the folks still qualified for the I spent 8 years in the State legisla- loan. ture in Ohio, and I will be joined short- And they send their mortgage off Well, how did that happen? Because ly by a former colleague in the State every month because they get the bill it used to be, as you know, Congress- legislature in Ohio. We have seen Ohio in. And what happens? Bob and Betty man, that you would go into the local hit hard by the foreclosure crisis. Buckeye begin to feel the economic bank or you would go into the local Just today in the Cincinnati In- pinch. They begin to see that the job savings and loan and you would ask for quirer, my hometown newspaper, out of market is starting to erode. All of a a mortgage loan. And they would come our 52 neighborhoods in Cincinnati, it sudden, Bob loses his job and can’t out and appraise your house. And the stated in 33 of those neighborhoods, make his home mortgage payment. So risk associated with that mortgage over 10 percent of all houses currently what does he do? loan would be held by you and it would sit vacant. That is a tragedy, Mr. He goes down to the local bank where be held by the bank. And they would Speaker. But unfortunately, that trag- he took out the loan and says, ‘‘Mr. hold that paper in their portfolio. It edy is playing out again and again and Lender, give me a couple of extra days. was a long-term investment for that fi- again across the United States. I need a couple of extra days just to nancial institution. So we are going to spend a little time make this mortgage payment.’’ But as you described is how it played in conversation with my Democratic He says, ‘‘Well, Mr. Buckeye, we out. With the development of these sec- colleagues discussing how we got here don’t own your mortgage anymore.’’ ondary markets and the securitization and what the impacts are, what the im- He says, ‘‘Well, who owns it? I took of mortgages across the country, what pacts are to our constituents, what the the loan out from you.’’ we saw was very interesting behavior. impacts are to American families What happens is that many, many of So that no longer was it the financial across the country who are currently our constituents are finding that their entity that was closing the loan that suffering under the weight of this fore- home mortgage from Ohio is now off in was carrying the risk, but they imme- closure crisis. California or Texas or some other diately transferred that risk onto a With that, Mr. Speaker, I would like State, and we don’t have the oppor- secondary market. They sold the loan. to yield to my colleague, the gen- tunity to work with our local commu- The loan was then securitized in a tleman from Ohio (Mr. BOCCIERI) to nity banks to renegotiate this or have mortgage-backed security on Wall talk a little about his observations in that extra month or 2 months. Auto- Street and sold to an international in- northern Ohio. matically these things go into fore- vestor, sold to a pension fund. So there Mr. BOCCIERI. I thank the gen- closure. You’ve seen this in Ohio. was no risk at the front end of the clos- tleman from Ohio and greater Cin- Mr. DRIEHAUS. Reclaiming the ing of the loan. It incentivized all cinnati area who has done extraor- time, Mr. Speaker, and as the Con- kinds of behaviors. So people who dinary work in the Ohio legislature to gressman noted, we both worked on should not have qualified for loans try and remedy the situation where we predatory lending legislation in the were qualifying for loans. And, very in- find so many families struggling and so State of Ohio. I should mention, we ini- terestingly, the loan products that many families trying to live the Amer- tiated those efforts back in 2001 and in they were qualifying for were very ican Dream of owning their own home 2002, the same type of efforts that were predatory in nature. Many of these and having a job to pay for their mort- initiated right here in the United loans, we came to find out, were ad- gage. States Congress by our Democratic justable rate mortgages—mortgages Mr. Speaker, what we have found members here in the United States that had teaser rates up front, but 2 over the last several years is that the Congress. years into the loan, 3 years into the housing crisis is at the epicenter of the Unfortunately, to this day, we do not loan, the mortgage rate would adjust. economic downturn that we are experi- have Federal predatory lending legisla- It may adjust in certain cases every 4 encing in this country. Make no mis- tion that has become law in the United months, every 6 months. And you often take, today’s great recession is rooted States. I think that is a tragedy for our found the family wanting to get out of right here in the housing crisis that we country because, as you have de- that loan, wanting to refinance, but find so many families plagued with, scribed, Congressman, is how it has they were unable to do so because of and especially across Ohio. played out across the country. this little instrument contained in al- But the irony here is that the success I served on the Governor’s Fore- most every one of these loans called a of our communities actually begins at closure Task Force in the State of prepayment penalty. home. Ohio. What you observed in terms of So think about it. You’ve got a fam- Now, the gentleman from Ohio (Mr. Bob and Betty Buckeye—and I like the ily who has a poor credit history, who DRIEHAUS) and I know, after studying name—but what you observed played has difficulty paying off their debts, this issue for a long time, we worked out over and over again. We found that now finding themselves with a mort- on the predatory lending bill that the vast majority of these mortgages gage that used to be affordable. Say it passed through the State legislature in were in the subprime market. was $700. Now all of a sudden that Ohio, and he is assigned to the Finan- That term is tossed around a lot— mortgage is $1,200 after the rate has cial Services Committee here in the these subprime loans. Well, subprime started to adjust. They want to get Congress, to try to remedy this situa- loans are simply loans made to fami- out, but this prepayment penalty of tion for average families back home in lies who have already shown that they maybe $2,000 or $5,000 stops them from Ohio. have difficulty making payments. refinancing. Now let’s talk about those average That’s why they are considered to be So they are trapped. They are families. We hail from the Buckeye subprime—that they have difficulty in trapped in a loan that they cannot get State. Buckeyes. Bob and Betty Buck- terms of their credit report, they have out of, and it just repeats itself over eye go to the local community bank. difficulty in terms of their credit his- and over again when it comes to fore- They take out a mortgage to live to tory in making payments. closures. that dream of American homeowner- So what happened? As you described, I will yield to the Congressman. ship. They take out a mortgage. They we saw these financial entities—not Mr. BOCCIERI. So, Representative go to work. They punch a time clock necessarily State-run banks, not nec- DRIEHAUS, let me get this straight. and play by the rules. Maybe they put essarily depositories—but we saw these Those constituents of ours, Bob and their kid in college. That bank sells financial entities come into the State Betty Buckeye, that get those flyers in their mortgage three, four, five times of Ohio, and we saw this over and over the mail saying they can get a free va- down the road. I don’t know, Mr. again in multitudes of States, where cation if they refinanced their house,

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.089 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5140 CONGRESSIONAL RECORD — HOUSE May 5, 2009 they can send some money to their mediately plummets, on average, Mr. GRAYSON. Thank you very kids who are in college, those are pred- $58,759. It hurts the neighborhood as much. I appreciate that from the Con- atory in nature, am I right, because well because when that lower price, gressman from Ohio. I will tell you there’s no skin in the game? They’re that lower sales price, that lower valu- that one of the most hard-hit areas of asking constituents to sign away for 30 ation hits the books, it hurts the value our entire country in terms of fore- years or 15 years on a mortgage. of the entire neighborhood. closures, dropping housing values, and Mr. DRIEHAUS. They were abso- Every time you see a foreclosure, if a general destruction of the economy, lutely predatory in nature. Time and it’s in your neighborhood, your house is Florida. In particular central Flor- time again, there were those of us in or my house or our neighbors’ houses ida, which I represent. State legislatures across the country are going down in value. That also has In central Florida, the economy is who called out to our Congress and an impact on our local governments. based on three things: Tourism, hous- said, Look, you have the ability to reg- We know that local governments are ing, and senior services. Tourism is not ulate these entities. You have the abil- hurt as well in this economic down- doing well. Senior services is just bare- ity to crack down on predatory lend- turn. They are finding it harder to pro- ly getting by. But housing has been ing. tect neighborhoods against arson or crushed by the dramatic decline in The Republicans in Congress at the squatting or other criminal activity. property values and this plague of fore- time—or the Republicans now—are en- So the foreclosure crisis hurts that closures that we see all over central gaging in revisionist history, where family, it hurts the neighborhood, but Florida, but in particular, in the epi- they want to blame the CRA—the Com- it also hurts all of us in terms of the center of that earthquake, which is Or- munity Reinvestment Act—or they increase in criminal activity. Vacant lando. want to blame Fannie Mae or Freddie and abandoned properties impose high In Orlando, we have the highest home Mac for the foreclosure crisis, and they costs on our local communities. Local vacancy rate in the country. Almost 10 seem to forget that they were elected jurisdictions and our school districts percent of the homes in Orlando are va- in 1994 and they held the majority in feel the impact of that lost tax revenue cant. We have had extreme over- 1995, in 1996, in 1997, in 1998, in 1999, in from those properties. Our cities are building and a problem that has been 2000, in 2001, in 2002, in 2003, in 2004, in bearing the cost of municipal services, exacerbated terribly by foreclosures, 2005, all the way until the election in increased code enforcement, boarding which destroy entire neighborhoods. 2006. things up, trying to find money to de- What you have to understand about As this chart demonstrates, we saw molish homes and other properties that foreclosures is that they are fundamen- the growth of these in early 2000. are vacant and declared to be tally, economically irrational. As we That’s when you saw many initiatives. nuisances. heard before, every foreclosure results You saw legislation introduced right All of these are problems associated in losses of tens of thousands dollars to here on the floor of this Congress in with addressing the issue of vacant and the mortgage holder, as well as putting 2000, trying to address this problem. abandoned properties, particularly in a family out on the street. So you have But the Republicans would have none our city neighborhoods. But it’s not to ask yourself: Why are the mortgage of it. They said the market will take just in the cities. It ripples out. It af- companies acting this way, and what care of it. The market will address the fects our entire State. It affects, in my can be done about it? situation. For those of us perhaps on the other area, the entire central Ohio commu- We saw in 2003, 734,000 foreclosures. side of the aisle who worship the free nity. That number, as staggering as it is, in market, the god of the free market, So we understand, as you have said 2003, by 2008 had grown to almost 2.5 you can look at the situation hap- so clearly, that in the last 8 years dur- million foreclosures across the United pening right now and you can see for ing the Bush administration, and par- States. yourself that our economic actors are ticularly during the 6 years when the I think it’s important—and our col- acting irrationally by tossing people Republicans controlled Congress, there league from Florida is about to join us, out on the street when there is an eco- wasn’t the necessary action that need- as is another colleague from Ohio—but nomic motivation to keep them in ed to be taken to stem the tide of fore- I think it’s important when you talk their homes and keep them paying. about the true cost of foreclosures, the closures and protect the rest of us from And that’s what we saw over and over cost is not simply with the family that the impact that foreclosures had on the again in Florida. is being foreclosed upon, but it’s to ev- greater economy, the effect in the fi- We saw 30 percent, 40 percent losses erybody in the neighborhood. nancial markets because of the being taken on houses, when people in I have a house two doors down from securitizing of mortgages, and to pro- those houses were employed, when peo- me that was foreclosed on. That hurts tect all of us from the subprime lend- ple in those houses had income, when my property value. It hurts the prop- ing that was at the core of this fore- people in those houses had savings and erty value of my neighbor across the closure issue and this foreclosure prob- the ability to keep paying, although street. But when you see a multitude of lem. they had missed a few payments al- foreclosures and vacancies across a Every day when I drive through my ready. In a situation like that, what do neighborhood, then you see deteriora- community, I find that there are more we gain by throwing people out on the tion in the schools. It hurts small busi- and more foreclosed homes, more and street? nesses. It hurts the entire fabric of the more For Sale signs and, according to b 1700 community as you see increasing crime a recent Associated Press analysis, my and as you see local governments hav- county, the largest county in my dis- What benefit is that when the mort- ing to pay the cost of upkeep on those trict, has the unfortunate ranking of gage company takes a 30 or 40 percent properties. number one nationally for neighbor- loss, the homeowner has to move in I will now yield to my colleague from hoods with the largest percentage of with relatives or live in a car, and be- Columbus, Ohio, Congresswoman KIL- vacant homes. This is a problem that yond that, the entire neighborhood is ROY. hurts all of us. destroyed by foreclosure after fore- Ms. KILROY. Thank you so much, Mr. DRIEHAUS. If the gentlelady closure after foreclosure pervading the Congressman DRIEHAUS. I have been would yield, we have been talking real estate market? What good is that? listening to what you have been saying about the impact of the foreclosure cri- Well, in Orlando, we have reached a about the impact of this foreclosure sis and the mortgage lending crisis in solution that is at least a temporary crisis on Ohio, and you are absolutely the State of Ohio. But we are joined solution for this problem. What we did right. When you talk about the impact now by Congressman GRAYSON from is I asked our local State court chief of these large numbers of foreclosures Florida. As you know, Florida has been judge to institute mandatory medi- on communities, we know that a single hit hard by this economic crisis as ation in all foreclosure cases. So for 45 foreclosure can devastate neighboring well. days, foreclosures in Orlando just homes and the surroundings. I would like to yield some time to stopped, stopped cold. We put every- On average, we are told that when a Congressman GRAYSON to share his body on timeout. The banks, the bor- home enters foreclosure, its value im- thoughts on the foreclosure crisis. rowers, the homeowners, everybody

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.090 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5141 was on timeout for 45 days. And you had hedge funds that were betting that we have enforcement of the regulations know what? People found a solution to people would not be able to pay their that are out there so that these fly-by- their problems. In 45 days, we got the mortgage. Now, this was a recipe for night lenders and folks who are willing borrower, the homeowner and the bank disaster. to sign on the other end of the table together. We put them all together in a Congressman GRAYSON, you bring up are brought into check and that we room with a mediator paid for by the valid points: Why was there no enforce- have some balance. bank. ment? Why were there no referees en- Mr. DRIEHAUS. Thank you, Con- Under this program, many people forcing the out-of-bounds markers or gressman. I just want to follow up on a were able to keep their homes. All they the goalposts? Why were we not enforc- point you made and a point that the needed, some of them, was just an ing this? And why were we allowing Congressman from Florida made, and extra couple of months to pay their families to lose their homes, lose the it’s about the markets. bills, a little breathing space. That’s American Dream? And this notion that We have the best economic structure all they needed. In some cases they we don’t have enough regulation, we in the world. We have free market cap- needed a longer term on their loan, in don’t have enforcement of the regula- italism. And that allows for competi- some cases they needed to refinance tions is what is happening. And what tion, it allows that competition to and they hadn’t cleared the paperwork we are finding is that families across drive down prices, and that competi- yet, but time after time after time this country are struggling because of tion is what makes our economy grow. what we found is that with a little bit that lack of enforcement. But when the markets don’t work, of breathing space people could end up Let me give you one example of a when the markets have disruptions, it keeping their homes—at least those family in Ohio. Just last month, the is our job, it is the job of government that had an income, at least those that RealtyTrac rated Stark County, the to intervene. still had a job. largest county in the 16th Congres- We are not elected to protect the bar- We did an enormous amount of good sional District, one of the counties in ons on Wall Street, although if you sit by this simple fix on foreclosures in Or- my district, among the worst in the on Financial Services, you would think lando. But it evokes a deeper question. Nation in foreclosure rates. The Can- that some Members are. But we are The deeper question is, How did we get ton-Massillon metropolitan area ranks elected to protect the public good, pro- in this situation in the first place? near the top of that list: 6,400 fore- tecting the public good. What is it that led to this plague of closures last year. One of those home- I have heard my colleagues on the foreclosures in the first place? And we owners was Willie Campbell. other side of the aisle go so far as to all know the answer; the answer is I met Ms. Campbell a couple weeks suggest that this economic crisis was predatory lending and housing fraud. ago at a roundtable I put together back precipitated by something called And for those across the aisle who home to discuss these home foreclosure ‘‘predatory borrowing,’’ as if the bor- want to cast the blame in this direc- issues and find out how we could find rower has control, as if the borrower tion, I ask a simple question. The Bush some valuable solutions. Ms. Campbell has control in the interaction in a administration was in charge of enforc- was falling behind on her mortgage mortgage loan, as if the bank is not al- ing the law in this country for 8 years. payments on her three-bedroom home lowed to say, you know what, you Can you name me one person in that 8 in Stark County. She wanted to do the didn’t give me the documentation as to years that was convicted of Federal right thing. She wanted to remedy the your income, so therefore I am going to housing fraud, just one? And I see a problem. She is a good American. She deny the loan. blank stare in response. Not one. Not called an 800 number listed on a TV We have folks on the other side of the one case can they identify of a single commercial that promised to help her. aisle who have just closed their eyes to person who was enforced criminally in Well, it didn’t. In fact, it was a scam. the crisis, saying the markets will take this country with violation of our They took money out of her bank ac- care of it. And I think that explains housing laws, not one. count for 5 months. the inaction during the 1990s and in Now, our job is to pass the law. Our Ms. Campbell turned to a community 2000 and 2001 and 2002 and 2003, 2004, job is to pass a bill, send it to the Sen- development organization for help. 2005, 2006. ate, take a Senate-passed bill, vote on Through mediation, she received help I had my staff pull some of the bills it ourselves, and ask the President to to lower her monthly payments from that were introduced in the House by sign it. That is what we do here, and we more than $850 to a little more than the Democrats when the Republicans do oversight as well. But can we en- $620. She was able to cut her interest led the Congress. And in the 106th Con- force the law? No. That is the responsi- rate from 9 to 5.6 percent. What’s more gress you have both the Anti-Preda- bility of the executive branch. And I is that community organizations like tory Lending Act of 2000 as well as the am telling you right now that for 8 the one that she sought help from were Predatory Lending and Consumer Pro- years they did nothing. Nothing. And able to negotiate a 3-month grace pe- tection Act of 2000, didn’t get a vote on now they have the nerve to come to us riod so her mortgage payments would the floor. In the 107th, the Protecting and blame us for the problems that not be late and so that she could catch Our Communities From Predatory they created? up on her bills. Lending Practices Act, no vote on the Mr. BOCCIERI. Will the gentleman Now, while Ms. Campbell was eventu- floor. The Predatory Mortgage Lending yield? ally able to find the help that she need- Practices Reduction Act, no vote on Mr. DRIEHAUS. I will yield to the ed, more than 4,400 Stark County the floor. In the 108th Congress, the gentleman from Ohio (Mr. BOCCIERI). homeowners who filed for foreclosure Predatory Mortgage Lending Practices Mr. BOCCIERI. Thank you. Congress- last year were not so lucky. And what Reduction Act, nothing. The Preven- man, you bring up several good points. are those statistics, as Congressman tion of Predatory Lending Through And let’s make sure that we have full DRIEHAUS suggested and Congress- Education Act, no action on the floor disclosure here and big-picture stuff. woman KILROY from Ohio suggested? by the Republican-led Congress. Again, You know, the government shouldn’t Ohio ranks at the top five States na- in the 108th, the Prohibit Predatory be so immersed in the market. But we tionwide for the highest home fore- Lending Act, no action. And this hap- set the goalpost, we set the out-of- closure rates. We have found nation- pens over and over again every single bounds markers, and within the param- wide that home values have dropped 18 year. eters of that we should allow the free percent. Nearly one in five homeowners It wasn’t until the Democrats took market to work. But what was hap- owes more than their home is worth. control of Congress that this Congress pening in that free market for the last And each foreclosed property, as Con- took seriously its role in regulating 10 years? We had hedge fund operators gressman DRIEHAUS suggested, reduces the markets when it comes to mort- betting on the price of fuel going up; the property value of neighbors by 9 gages, when it understood that our pri- we had folks who were investing and percent. mary objective, our primary purpose is betting on the price of food going up— We can do better. We have got to en- to protect the public good. supermarket, you go into a super- force the regulations. And that is why This Congress failed the American market, you see prices rising—and we this Congress acted to make sure that people under Republican leadership

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.092 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5142 CONGRESSIONAL RECORD — HOUSE May 5, 2009 when it comes to housing. And it was We are going to move forward with a done tremendous work in the State of only when the Democrats were elected plan of action. And we need to make Ohio. And we have talked about what in 2006 that we started to see action. certain that more people are allowed to got us here and the inaction of the But before I go through the number of have a stable, affordable mortgage out- multitude of Republican Congresses. steps that have been taken since 2007, come. We need to work with agencies But I would like to draw attention when the Democrats took control, I like the Department of Veteran Affairs just for a minute and recognize our col- would like to yield time to our col- and the Federal Housing Administra- league Congressman HIMES to discuss league from New York (Mr. TONKO). So, tion and the Department of Agri- solutions because we have an oppor- Mr. TONKO, thank you for joining us. culture to allow people to modify their tunity this week. We have an oppor- Mr. TONKO. Thank you, Representa- mortgages so that we can save the day tunity this week to pass a predatory tive DRIEHAUS. I thank you for bringing for many homeowners. We need to ex- lending bill. And this will be, I hope, us together on what is a very impor- pand the FHA’s mortgage loan modi- the predatory lending bill that becomes tant topic. fication abilities so that, again, we can law in this country, that finally when You know, as we look at this very bring assistance to so many families. we got here in 2009, we made our mark deep and long recession, far longer Ms. KILROY. Would the gentleman and we said enough. Enough of the pol- than some forecasted, we need to look yield? itics as usual. Enough of the Bush ad- at the root causes of yesterday that Mr. TONKO. Yes. ministration’s saying ‘‘no’’ to pro- bring us to this point in history of Ms. KILROY. I appreciate what you tecting consumers and protecting today and how we are going to move are saying. And after Representative homeowners. We have strong predatory forward. DRIEHAUS laid out the problem of inac- lending legislation that we hope will I was very much interested in the tion and the impact that it had on our become law. chart that you shared with us earlier States, on our communities, and the So I yield to my friend JIM HIMES. to look at the recent past history and large foreclosure crisis that has spilled Mr. HIMES. Thank you to my col- the neglect that has caused such hard- over into the greater economy, what league from Ohio for organizing this on ship in so many of the communities you are bringing up is that we now this very, very important topic. across this country. And, rightfully, it have a Congress that is ready to take At one level what we’re discussing is can be stated that this recession that action, take action to protect families, really very simple. Like every one of we are currently enduring was pretty to protect communities, to address the my colleagues standing here today, I much triggered by the housing crisis, issues that got us here into the sad have deep respect and appreciation for the mortgage crisis, the lending crisis, state of affairs that we are; and the the power of the free market. It is the the foreclosure crisis. And as has been Making Homes Affordable Act, helping free market that has created the indicated by Representative KILROY, it to stabilize our housing market, help- wealthiest society in the history of hu- impacts in several ways; and we can ing maybe 7 to 9 million Americans re- mankind. However, a free market re- measure that in very interesting dy- duce their monthly mortgage pay- quires smart regulation. We regulate namics. ments to more affordable levels dangerous things. We regulate tobacco, To think of the fact that one out of through refinancing, through work- we regulate alcohol, we regulate fire- every 200 homes will be foreclosed upon outs. And I am proud to have supported arms because we understand that used is a very unraveling thought. That that kind of legislation, as I know you responsibly, they can enhance one’s translates to some 3,000 people just in are and my colleagues. And I am happy quality of life, but used irresponsibly, this capital city of Washington, D.C. to help people who contact my district they can be devastating. And if there is alone. That is a tremendously difficult office to find ways to learn about these one lesson that we have learned from burden for communities. When you programs and how they can learn this economic crisis, it is that an ex- think of the fact that one child in whether it will help their particular cess of debt can be devastating, dev- every classroom in America is at risk situation. astating to individuals, to families, of losing her or his home because the I think it is great that these pro- and, as we have learned much to our parents cannot pay for that mortgage, grams have gotten a lot of notice and a peril, to our country as a whole. six in 10 homeowners that wish they lot of publicity. But I am concerned We have a long record, as my col- understood the terms and details of that Representative BOCCIERI brought league from Ohio has pointed out, of their mortgages better. And the list up the issue with the example of his attempts, failed attempts, to put in goes on and on, all sorts of dynamics constituent who got taken advantage place over Congress after Congress, Re- that really speak to the trouble that is of by somebody who pretends to help publican-controlled Congress after Re- out there and the impact that has been and is really hurting, and a whole new publican-controlled Congress, attempts felt in our communities. class of predators here springing up in to regulate the more excessive and Any number of tipping points can Ohio—and probably in other States as predatory aspects of consumer lending cause this mortgage crisis or this fore- well—taking advantage of somebody that never saw the light of day. closure crisis. It can range from a job who went to them for help. But now we have an opportunity, a loss in this tough economy, to a health So I think it is really important that really terrific opportunity to pass com- crisis that many families face, to pre- people, when they are working out monsense legislation, which in many viously missed mortgage payments—or their mortgages, work with their bank ways mirrors the very commonsensical certainly the lack of savings and access or go to an accredited housing coun- legislation that we saw passed in to credit, which has been another dy- selor. And in central Ohio, there are strong bipartisan fashion last week namic that has been dealt with and felt five of them—there is Homes on the around credit cards with respect to very severely by America’s working Hill, there is Columbus Housing Part- predatory lending. families. nership, there is the Urban League, the H.R. 728 is a bill that will bring about But on March 5 of this year, several Consumer Credit Counseling, accred- a reform of the most predatory of prac- of us—perhaps all of us in this col- ited agencies that will help you. tices. And it’s hard, as you dive into loquy—were able to stand up on this this bill, to disagree with what is in floor and pass H.R. 1106, the Helping b 1715 there. The bill establishes a simple Families Save Their Homes Act, which Mr. DRIEHAUS. Reclaiming my Federal standard for all home loans was our step forward, with the leader- time, we have seen tremendous re- that simply says that lending institu- ship of this House, with Speaker sources springing up spontaneously tions must ensure that borrowers can PELOSI determined to make a dif- across the country, reaching out to repay the loans they are sold. Now, in ference, with the Members of the ma- homeowners, reaching out to renters a free market, the market would bring jority looking to respond as there who find themselves in difficulty, who that discipline to bear. But there are wasn’t a response in the past, with the are seeking housing assistance. And oddities within the housing market, President and his administration look- just like in Columbus, we have the re- subsidies, other incentives that mean, ing to employ certain agencies to help sources for 211 and other avenues, and and we are all suffering from this resolve these crises. the Ohio Department of Commerce has today, that all too often mortgages are

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.093 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5143 extended to families where the lender Buckeye go to that local community porting a whole other segment of the knows or perhaps doesn’t know but bank, they sign for a 30-year mortgage, housing across the country. And it’s a didn’t do the work but knows that the a 15-year mortgage, and they are ex- segment of the population that was ig- individual, the family cannot repay pecting that their job is going to re- nored for many years. that mortgage. So how hard is it to main intact, that they’re going to be Looking back at the Bush adminis- conceive of a regulation that simply able to make those mortgage pay- tration, when they took office in 2001, says that a lender must do the work to ments. But what we found with the touting a homeownership agenda with assure us and to assure the borrower transactions across the market is that the goal of 5.5 million new homebuyers, and themselves as a lender that they those mortgages were sold three, four, but they neglected to address afford- can repay the loan? five times, and guess what. They able renting housing needs. Lenders would be required and mort- wound up in some investment bank on The legislation that we’ll be looking gage brokers would be required, if a Wall Street, and then we had hedge at, one important aspect of it, is we’re family qualifies for a prime mortgage, funds betting on people failing to pay going to be protecting tenants who to not sell them a subprime mortgage. their mortgage. rent homes that go into foreclosure, And this is a particularly pernicious So this legislation and the action recognizing that there is a whole other aspect of the mortgage industry. We that the Congress is taking is making segment of the population that is very see it particularly in our minority sure that Wall Street is put on notice much in need, that are struggling, that communities where minority families to make sure that you’re not going to made some good decisions, that were who might qualify for the low rates as- bet on people failing, Americans fail- maybe lured by some of those preda- sociated with the prime mortgage in- ing. America is much better than that. tory lenders but were able to hold off. stead are sold a subprime mortgage and We are more than that. We’re not fail- And now we are going to be going for- therefore are paying hundreds, in some ures. We have a success story that is ward, and these are some of the other cases thousands, of dollars every unmatched around this world. people that the Democrats aren’t turn- month that they don’t need to pay. And when you talk about 6,400 fore- ing their backs on, that we’re looking Again, this bill would just assure that closes in my district alone, the largest to see how we can help. Mr. DRIEHAUS. Reclaiming my mortgage brokers and lenders are not county in my district ranking number time, that provision is, in fact, an im- financially incented to put people into one in a State that ranks number five portant part of the predatory lending mortgages that they don’t need to be in the country, 6 million people across bill that will be coming before us on into. Good, commonsensical regula- this country have lost their homes, these aren’t just real numbers. These this very floor on Thursday. tion. We do understand that not everybody This bill will also ask that our are real people. These are real people. can afford a home, not everybody securitizers, and we know now that one Mr. DRIEHAUS. This is what Ham- should be purchasing a home, and there of the aspects of the housing market ilton County, Ohio, looks like, Con- are many, many responsible families gressman. And thanks for the work of that was a bit pernicious was that risk that are out there renting. And the folks that are working in neighbor- was just passed from one hand to an- through no fault of their own, the land- hoods for providing us this data. But other, sliced and diced, and the person lord has gotten in trouble, and the this is what inaction in Congress who made the decision to take the risk building is now being foreclosed on, means. It means foreclosures dotting by extending the mortgage a week and because of that foreclosure, they’re the entire county. And I think I said later had no exposure to that risk. So out on the streets. This bill provides we are asking that along the chain of earlier that in 33 of our neighborhoods them protection, necessary protection. custody of a mortgage, whether it’s the in Cincinnati, we now have at least one The first time this Congress has acted broker, the lender, the securitizer, that in 10 homes standing vacant. to provide them protection. people just do the very basic work to We have talked a bit about Ohio, but So I appreciate your efforts on behalf look at this stuff, to look at this stuff we have been joined by some of our col- of the renters and your standing up for and to convince themselves that the leagues from New Mexico and from Vir- the renters. And I just want to tell the law has been followed, that the policies ginia. So I would like to recognize Rep- people that we are standing up for ´ are in place to make sure that you’re resentative LUJAN from New Mexico for them and that we will take action on not putting toxic paper into securities his comments and his observations as Thursday on their behalf. unknowingly, bringing some responsi- to the situation in New Mexico. ´ With that, I would like to turn it bility to a process which has been all Mr. LUJAN. Mr. DRIEHAUS, thank over to Mr. PERRIELLO from Virginia to too irresponsible for far, far too long. you very much for yielding. offer his comments on this discussion. This is commonsensical legislation, As we talk about the importance of Mr. PERRIELLO. Representative and I hope and expect that it will draw looking after those that are most in DRIEHAUS, this is indeed a very excit- the same kind of bipartisan support need and those that have been getting ing moment. You can feel the sense of that we saw for the Credit Cardholder’s impacted and thrown out of their change. Bill of Rights last week. homes, losing their homes on a regular Many of us that are part of this col- Mr. DRIEHAUS. You know, Congress- basis, and you look to see the inactions loquy right now are all from the fresh- man, we used to say in Ohio that you that have caused this problem, and the men class, and I think it’s not a coinci- had more protections in buying a actions that this Congress, the 111th dence because we represent a class that toaster than you did a house in the Congress, is coming forward to work on is in favor of accountability, account- State of Ohio before we passed preda- to make sure that we’re looking after ability and common sense. Many of us tory lending legislation. And the sim- those that need help the most, it’s an were called to politics for the first ple fact of the matter is that for far too honor to be here with so many of my time by watching more than a decade long in the United States Congress, the new colleagues as we are talking about of irresponsibility here in Congress and Congress has bent over backward to taking action and not just waiting and in the White House where we saw poli- protect the lenders, but they have waiting and waiting, but being divisive cies of Wall Street greed cloaked in the failed to protect the consumers. And in and being bold in our approaches to sense of Main Street compassion in failing to protect the consumers, it has make sure we’re looking after the citi- what was called the ‘‘ownership soci- not only cost those families who were zens that we represent. ety,’’ policies which seemed to suggest duped into those predatory loans, but Mr. DRIEHAUS, one important thing the idea that everyone could own a it has hurt neighborhoods, it has hurt that I wanted to talk about today was home regardless of how much money communities, it has failed entire cities. there are so many people across the they made when really it was a strat- With that, I would like to yield to country who aren’t able to afford that egy to help the rich make a lot of Congressman BOCCIERI from Ohio. home, who are saving up and doing money on the failure of those who Mr. BOCCIERI. Thank you, Rep- what they can so they can experience could never afford a house in the first resentative DRIEHAUS. the American Dream of getting into place. Congressman HIMES brings up a very, that home. And they’re renters. They Year after year, as you’ve pointed very valid point. When Bob and Betty are renting homes, and they are sup- out, there were opportunities to put

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.094 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5144 CONGRESSIONAL RECORD — HOUSE May 5, 2009 basic, commonsense accountability the antipredatory lending bill that is cause we knew that there were finan- rules in place to prevent this from hap- to come before the floor this week. cial institutions that weren’t lending pening. And year after year we saw this I spent many years as a vice presi- in certain neighborhoods, especially Congress do nothing, do nothing, to dent of the Enterprise Community minority and low-income neighbor- challenge these absurd policies. Partners, a nonprofit affordable hous- hoods. So we provided incentives for fi- And we all know now that these poli- ing group and saw up close and per- nancial institutions to engage in re- cies affected much more than just the sonal the devastation that can be sponsible lending in those low-income lender and the borrower. We all as wreaked by a process, a product, if you and minority neighborhoods. Americans are in the same neighbor- will, known as asset stripping. It was called the Community Rein- hoods affected by these massive fore- Asset stripping involves the exten- vestment Act, and the Community Re- closures. It doesn’t just affect those sion of debt, either a mortgage or a investment Act was extremely success- who cannot afford their mortgage but home equity line, often to the elderly, ful. As a matter of fact, 83 percent of those who live on streets where fore- often to minority populations, where the failures, the loan failures that we closures have occurred. We have seen a the lender knows, the lender knows are talking about, are not even with in- fundamental lack of accountability. that there is no likelihood that either stitutions that are covered by the CRA. But you see this Congress, particularly the senior citizen or the borrower, who- That’s a remarkable number. with the new Members from the 2006 ever that borrower may be, can repay Yet Republican after Republican and 2008 class, pushing for real change that loan. blames the Community Reinvestment on accountability. We saw it last week And it’s very deliberate, because as a Act. So I would like to put this one with the credit card bill. Fundamental result of the loan, the lender knows myth to bed. I would like to do that by commonsense legislation that said let’s they will come into possession of the reading a letter from the Chairman of put some rules in place to prevent the home involved. They will take the eq- the Federal Reserve, Mr. Bernanke, to tricks and the traps. If it’s a product uity in the home. Senator ROBERT MENENDEZ about the you can’t sell on your own, you have to Now, in this world of declining real CRA. This letter is dated February 25, fool people into it, then maybe this is estate values, it’s a little hard to un- 2008. the place where basic consumer protec- derstand that business model. But the ‘‘Dear Senator: tions need to step in. Now we’re ready reality is that ordinarily, when hous- ‘‘Thank you for your letter of Octo- to do the same thing with predatory ing prices are rising steadily or less ber 24, 2008, requesting the Board’s view mortgage lending because we are all af- than steadily or more than steadily, as on claims that the Community Rein- fected by this. Our housing prices are we saw in the last 10 years ago, that vestment Act (CRA) is to blame for the all affected by it. Our retirement secu- can be a very profitable business model subprime meltdown and current mort- rity is affected by it. And it’s about based on the expectation that the bor- gage foreclosure situation. We are time that we put in place the kind of rower will fail. That is not the kind of aware of such claims but have not seen commonsense legislation that will re- product that anyone on either side of any empirical evidence presented to ward the good actors like our commu- the aisle thinks should be out there support them. Our own experience with nity banks that remained strong victimizing, particularly the high con- CRA over more than 30 years and re- through this entire process instead of centration of the elderly and the mi- cent analysis of available data, includ- continuing to bail out those who have nority borrowers who get caught up in ing data on subprime loan perform- been the least responsible through this this thing. ance, runs counter to the charge that process. Asset stripping is a pernicious thing CRA was at the root of, or otherwise This is a show that results are pos- that would be forbidden by this contributed in any substantive way to, sible. They could have been possible if antipredatory lending bill, and I think the current mortgage difficulties. the will was there under previous Con- we should take great pride should that ‘‘The CRA was enacted in 1977 in re- gresses and administrations. But now occur should this legislation pass. sponse to widespread concerns that dis- the will is there, and we will not rest Mr. DRIEHAUS. Congressman, that’s criminatory and often arbitrary limita- until we put in these basic restrictions a good point and I have seen all kinds tions on mortgage credit availability and continue to expand this new era of of anomalies in the market that have were contributing to the deteriorating accountability to reverse the irrespon- led to behaviors that you wouldn’t conditions of America’s cities, particu- sibility we have seen over the last 10 want to see. If you were, in fact, elect- larly low-income neighborhoods. The years and protect the American family ed to protect the public and the public law directs the four Federal banking and their right to homeownership. good, you would want to crack down on agencies to use their supervisory au- Thank you. these pernicious behaviors. And that’s thority to encourage insured deposi- exactly what we are doing in the tory institutions—commercial banks b 1730 antipredatory lending bill. and thrift institutions that take depos- Mr. DRIEHAUS. Congressman, thank But time and time again, if you turn its—to help meet the credit needs of you for your tremendous efforts on be- on the radio, if you turn on C–SPAN, if their local communities, including low- half of homeowners in Virginia. you turn on CNN, you turn on Fox and moderate-income areas. The CRA As you say, we got elected. We got News, you hear Republican after Re- statute and regulation have always em- elected because people wanted to see publican getting up and making ex- phasized that these lending activities change. Barack Obama was elected cuses, not talking about the pernicious be ’consistent with safe and sound op- President of the United States because behaviors, not talking about what is eration’ of the banking institutions. people wanted to see change, and they wrong with the market and how we The Federal Reserve’s own research want to see Congress move forward. might correct that, but blaming all suggests that CRA-covered depository But they keep hearing, on the other kinds of different actions that have institutions have been able to lend side of the aisle, the same old excuses. been taken by this Congress in the profitably to lower-income households And the folks on the other side of the past. and communities and that the perform- aisle don’t want to point the finger at They go so far as to suggest the Com- ance of these loans is comparable to themselves. They forget; they have col- munity Reinvestment Act, the CRA, other loan activity. lective amnesia about their 12 years in passed by this Congress in 1977, is the ‘‘Further, a recent Board staff anal- power here in the House and their fail- root cause of the housing crisis in the ysis of the Home Mortgage Disclosure ure to do anything when it comes to United States. Act and other data sources does not predatory lending, when it comes to If I have heard this once, I have find evidence that CRA caused high de- foreclosures. heard it a thousand times, and it is fault levels in the subprime market. A I yield to Mr. HIMES for his observa- now talked about all the time on talk staff memorandum discussing the re- tions and try to wrap this up. radio. sults of this analysis is included as an Mr. HIMES. Thank you for the oppor- But when you look at the Commu- enclosure.’’ tunity. I want to highlight one other nity Reinvestment Act in 1977 and He ends like this: ‘‘As the financial practice that would be prohibited by what it did, it addressed red-lining, be- crisis has unfolded, many factors have

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.095 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5145 been suggested as contributing to the lator, when we asked for Federal inter- we should above all do no harm. Unfor- current mortgage market difficulties. vention in the markets, when we asked tunately, proposed funding for the Pal- Among these are declining home val- for Federal intervention when it came estinian Authority, the West Bank and ues, incentives for originators to place to foreclosures, there was only silence Gaza is included in the emergency sup- loan quantity over quality, and inad- coming from Washington D.C. plemental, which would be before this equate risk management of complex fi- On Thursday we have an opportunity. floor in a matter of days; and it does nancial instruments. The available evi- On Thursday we have an opportunity not meet that standard of do no harm. dence to date, however, does not lend to pass antipredatory lending legisla- It would provide, in fact, hundreds of any support to the argument that CRA tion that will make a difference, that millions of dollars of assistance in is to blame for causing the subprime will make a difference for every Amer- Gaza, thereby essentially providing a loan crisis.’’ ican family. And it is my hope that fi- bailout for Hamas, enabling Hamas to Mr. Speaker, I submit the November nally, in the spring of 2009, the Federal divert its funds from reconstruction 25, 2008, letter to Senator MENENDEZ for Government will step up to its respon- and put it, instead, to the purchase of the RECORD. sibility and pass antipredatory lending arms. It would reward and bankroll a BOARD OF GOVERNORS legislation and pass a law that will be Palestinian Authority that has proven OF THE FEDERAL RESERVE SYSTEM, signed by this President to protect itself unwilling or unable to fulfill its Washington, DC, November 25, 2008. homeowners across the country. responsibilities. Hon. ROBERT MENENDEZ, U.S. Senate, f When considering assistance to the Palestinian Authority, Mr. Speaker, we Washington, DC. WE MUST NOT IGNORE CON- EAR ENATOR need to judge their leaders by their D S : Thank you for your letter TINUING THREATS TO ISRAEL’S of October 24, 2008, requesting the Board’s words, and by their acts as well. Just SURVIVAL view on claims that the Community Rein- last week Palestinian Authority leader vestment Act (CRA) is to blame for the The SPEAKER pro tempore (Mr. Abu Mazen reiterated his refusal to subprime meltdown and current mortgage KISSELL). Under a previous order of the recognize Israel as a Jewish state. He foreclosure situation. We are aware of such House, the gentlewoman from Florida claims but have not seen any empirical evi- said the same thing last year and the dence presented to support them. Our own (Ms. ROS-LEHTINEN) is recognized for 5 year before that, and there is no reason experience with CRA over more than 30 years minutes. to think that more U.S. assistance will and recent analysis of available data, includ- Ms. ROS-LEHTINEN. Mr. Speaker, cause him to have a change of heart in ing data on subprime loan performance, runs yesterday this House voted to com- the future. counter to the charge that CRA was at the memorate the 61st anniversary of Indeed, Abu Mazen and other senior root of, or otherwise contributed in any sub- Israel’s independence. However, even as Palestinian Authority officials have re- stantive way to, the current mortgage dif- we recognize this historic occasion, we ficulties. peatedly emphasized that they do not The CRA was enacted in 1977 in response to must not ignore the continuing threats expect Hamas or other violent Islamic widespread concerns that discriminatory and to Israel’s very survival, the greatest groups to recognize Israel at all. often arbitrary limitations on mortgage dangers presented by the radical re- Instead, Abu Mazen bragged last year credit availability were contributing to the gime in Tehran whose leader, Mr. about his many years of leading and deteriorating condition of America’s cities, Ahmadinejad, has repeatedly denied supporting violence against Israel, particularly lower-income neighborhoods. the Holocaust, as all of us know, and claiming that ‘‘I have the honor to be The law directs the four federal banking has called for Israel to be wiped off the agencies to use their supervisory authority the one to fire the first bullet in 1965.’’ to encourage insured depository institu- map. But this should come as no surprise, tions—commercial banks and thrift institu- More recently, at last month’s Dur- Mr. Speaker. In 2005, when cam- tions that take deposits—to help meet the ban II hate-fest in Geneva, paigning for the leadership of the PA, credit needs of their local communities in- Ahmadinejad reminded us of his re- he echoed Arafat and Hamas by refer- cluding low- and moderate-income areas. gime’s goals when he savagely at- ring to Israel as the Zionist enemy. A The CRA statute and regulations have al- tacked Israel, stating that ‘‘world Zi- Palestinian transparency organization ways emphasized that these lending activi- onism personifies racism,’’ and called reported last month that many forms ties be ‘‘consistent with safe and sound oper- Israel the ‘‘most racist’’ regime. ation’’ of the banking institutions. The Fed- of favoritism, nepotism, misappropria- eral Reserve’s own research suggests that These are not mere idle words, Mr. tion of public money and abuse of pub- CRA covered depository institutions have Speaker. Ahmadinejad and his fellow lic position continued to impact many been able to lend profitably to lower-income thugs have long sought to make good sectors of the Palestinian society. households and communities and that the on their call for Israel’s elimination by performance of these loans is comparable to sponsoring violent Islamic extremist b 1745 other loan activity. groups and pursuing nuclear, chemical, If Palestinian leaders will not uphold Further, a recent Board staff analysis of the Home Mortgage Disclosure Act and other biological and missile capabilities. In their commitments to uproot violent data sources does not find evidence that CRA the face of such a menace to our extremism, to stop corruption, to rec- caused high default levels in the subprime strong, democratic ally, Israel, and to ognize Israel’s right to exist as a Jew- market. A staff memorandum discussing the our vital interest in the Middle East, ish democratic state, they should not results of this analysis is included as an en- the U.S. and other responsible nations receive 1 cent of U.S. taxpayer dollars. closure. must not stand idly by. We cannot ac- The proposed supplemental, however, Sincerely, cept the prospect of an emboldened nu- would provide $200 million in direct BEN BERNANKE. Enclosure. clear Iranian regime. cash transfers to the P.A. Let’s stop Yet the myth is perpetuated over and We must close loopholes in U.S. and this bill, Mr. Speaker. It does not do over again by my Republican col- international sanctions so as to deny justice to the U.S. nor to Israel. leagues. the regime all remaining lifelines for f their economy and compel it to aban- We appreciate this opportunity, the DOMESTIC ENERGY newly elected Members of the Demo- don its destructive policies. cratic class, to give an analysis of how Further, we should realize that the The SPEAKER pro tempore. Under we got here in terms of the mortgage existential threats to Israel, and the the Speaker’s announced policy of Jan- crisis, how the mortgage crisis has led obstacles to peace, begin with Iran; uary 6, 2009, the gentleman from Illi- to the bank failures in this country, but, sadly, they do not end there. nois (Mr. SHIMKUS) is recognized for 60 how we are now here to help pick up We must learn history’s lesson that minutes as the designee of the minor- the pieces. we will not achieve peace by engaging ity leader. We were elected in November, along with these Islamic militant groups like Mr. SHIMKUS. Mr. Speaker, it is with the President, to work on solu- the Iranian proxy, Hamas, or by recog- great to be down here, and I am going tions, to quit turning a blind eye to the nizing a Palestinian Authority govern- to turn immediately to my colleague, economic crisis in this country. ment that includes Hamas. Dr. PAUL BROUN from Georgia, to talk But we know, over and over again, In standing with the Jewish state on the cap-and-tax, global climate and I certainly saw it as a State legis- against those who seek to destroy it, change, destruction of jobs in America,

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.096 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5146 CONGRESSIONAL RECORD — HOUSE May 5, 2009 a bill that may be coming to the floor energy independence, encourages would make you a major emitter, if we soon. greater efficiency and conservation, have considered that the EPA threat- Mr. BROUN of Georgia. I thank my promotes the use of alternative fuels, ens to use that regulation against dear friend JOHN SHIMKUS for leading and lowers gas prices. every business, every farm, every this hour, and I congratulate him on And don’t think Democrats aren’t church, or every building in this coun- his leadership on this extremely impor- doing any back-scratching when it try. And, of course, before the EPA tant issue on energy. comes to their new energy tax. The gets the chance to regulate CO2, many Mr. Speaker, I rise today because my Washington Times reported yesterday of our colleagues want to come in and colleagues on the other side of the aisle that a loophole has been tucked into tax it right here so that they can both are once again trying to pass off balo- this legislation written by the congres- regulate the air that we breathe and ney for prime rib. In the last 100-plus sional liberals that would exempt at tax the air that we both breathe and days, we have seen nonstimulating least one major energy company from then that we exhale. stimulus packages, and we are prob- at least one of the many onerous provi- The debate that we have before us is ably going to see some more, secretive sions of the Democrats’ national en- not about making energy cleaner; it is bills in an ‘‘open and transparent’’ Con- ergy tax plan, ultimately leaving hard- not about making energy more plenti- gress, and trillion dollar commitments working families and small businesses ful. What we would see happen from to fiscal responsibility. Clearly, lib- to pick up the tab. this debate is that energy would be- erals have a monopoly on the mis- I encourage all the non-Fred and come more and more scarce, and we nomer. Unfortunately, the disguises Wilma Flintstones in America out also would see that the cost to every are out again today with this tax-and- there to stand up and demand straight- family would be more and more ex- cap plan. forward answers from your lawmakers pense. We must not be fooled by the rhet- about this new energy tax that is being So, here we are. We are talking about oric. This is a $646 billion tax that will promoted by NANCY PELOSI and com- cap-and-trade; we are talking about the impact every American family, small pany, and encourage your lawmakers expense of it. And as expensive as en- business, and family farm. Family en- instead to support an all-of-the-above ergy costs got last year, we are not ergy costs will rise by more than $3,100 energy plan that removes our depend- going to take any action that will a year for every family. This is an out- ence upon foreign oil, lowers energy make it more plentiful, we are not tak- rageous tax on every family that drives costs, and will create more jobs. ing any action that would make it a car, buys American products, or flips I thank the gentleman for yielding. more readily available, we are not tak- on their light switch when they come We have got to stop this tax-and-cap ing actions that are going to make it home. So unless your name is Fred plan that is being promoted by the cleaner, and we are not taking actions Flintstone or you live in a cave, you leadership of this House and Senate. It that are going to make it more afford- will be impacted by this tax. is going to kill the American economy, able. Indeed, the legislation before us Senior citizens, the poor, and the unit is going to cost jobs, and I congratu- would do quite the opposite. employed will be hit the hardest by late my dear friend from Illinois for So I join the gentleman from Illinois this tax as experts agree that they bringing all this out and being a leader in being from a State, my State of Ten- spend a greater portion of their income in promoting responsible energy policy nessee, that would be among the hard- on energy consumption. This is a time for America that the American public est hit by this new energy tax and by when we should be promoting policies can count upon. And I congratulate the efforts that are coming from the that stimulate our economy and not you. other side, indeed, their efforts to tear it down. Various studies suggest Mr. SHIMKUS. I thank my colleague, make energy more expensive. My col- that anywhere from 1.8 million to 7 and I appreciate him coming down. I leagues on the other side of the aisle million jobs will be lost by this tax- am going to turn quickly to my col- have conveniently forgotten how and-cap policy. Make no mistake that league from Tennessee, Congress- quickly economic slowdowns follow es- the Democrats’ airtight cap will suf- woman MARSHA BLACKBURN, for such calating energy costs. They have for- focate America’s small businesses, time as she may consume. gotten how dramatically high gas crippling America’s respiratory sys- Mrs. BLACKBURN. I thank the gen- prices impacted family budgets last tem, the free economy. tleman from Illinois for his leadership summer. They look upon the increased My colleagues on the other side of on this issue and for hosting this Spe- use of mass transit in the wake of the aisle will claim that this tax-and- cial Order hour. I am so pleased to those energy costs as a positive devel- cap will help clean up the environment; come and join with you and discuss the opment, forgetting that in many rural however, this doesn’t seem that it is issues that we have before us with the districts like mine in Tennessee there even about the environment or global Democrats’ national energy tax, or the is no mass transit, there is no bus serv- warming anymore. This has turned cap-and-tax legislation as some call it, ice that goes from Waynesboro to into a revenue generator for NANCY or cap our growth and trade our jobs, Adamsville to Selmer. There is no mass PELOSI and HARRY REID’s radical agen- or, Mr. Speaker, many people refer to transit in these rural communities. da, their steamroller of socialism that cap-and-trade as just that, because it is And in picking winners and losers— is being shoved down the throats of the certainly what they are going to do. which they do in this legislation; they American people, and that agenda in- Now, we also know that if they don’t pick lots of winners and decide who is cludes socialized medicine. The tax- get their way on cap-and-trade, what going to be the losers—they are asking and-trade will be one of the largest they are talking about doing is an end the American people in their bill to sources of revenue for their new radical run and coming back around and let- make a choice between very expensive socialistic agenda. Mr. Speaker, the ting the EPA regulate CO2 emissions energy or no energy at all. All their cat is out of the bag, and the American under the Clean Air Act. Indeed, I have scheme will cap is American produc- people see through the disguises, rhet- a bill, H.R. 391, that I would encourage tivity and trade American jobs. oric and misnomers. Taxing families all colleagues in this House, all Mem- Now, I think, Mr. Speaker, that if during an economic recession is not the bers of this House to sign on and sup- you were to ask each and every Mem- only way to clean up the environment. port this bill and keep the EPA from ber of this House, we would all say that Fortunately for the American people, going around against the will of the we believe in clean air, clean water, Republicans have offered an alter- people and regulating CO2 emissions and clean energy. We believe in con- native to this unaffordable new energy under the Clean Air Act. serving our environment for future tax that no one can afford. We believe Mr. Speaker, I think it is very inter- generations. that you can clean up the environment esting that as we are having this hour Certainly, I grew up in a household and keep jobs at the same time. tonight and as we are looking at the with a mother who dedicated much of Our solutions include American en- logic of EPA and the logic of some of her life to conservation and beautifi- ergy produced by American workers to my colleagues, I wonder if we have con- cation and preservation and historic create American jobs. Our all-of-the- sidered that if you look at the EPA’s preservation efforts, so much so that in above energy plan brings us closer to threshold of 25,000 tons of CO2, that 1997 Keep America Beautiful gave her

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.098 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5147 their lifetime achievement award. We Mr. FLEMING. Well, I thank the gen- job that was added, and again, I’m not grew up doing the things that helped tleman from Illinois. I also thank the exactly sure what a ‘‘green job’’ is, but clean this planet, looking for ways for gentlelady from Tennessee for her re- for every green job, there was a loss of energy to be more affordable and more marks. I certainly agree with every- 2.2 jobs. In the so-called ‘‘green jobs’’ it accessible. thing she has said this evening. And was found that 90 percent of these jobs Now, Republicans as a whole believe perhaps I have a couple more things to were in the implementation or con- in that type conservation for future add. struction. And these jobs were quickly generations. We do not believe that Mr. Speaker, there are no two ways dissipated as soon as the construction you need to tax the American people about it: this is a revenue-boosting or a was ended. So what is the current un- out of their house and home to pay for net tax system by any way you look at employment rate of Spain? Seventeen it, a house, by the way, which under a it. The experts have looked at it, and a half percent. cap-and-trade system is going to be economists and energy people. I guess Now there was also a discussion by a hotter during the summer and colder you could call it cap-and-trade with a very interesting expert in micro- during the winter. little C for the ‘‘cap’’ and a big T for economics. Aparna Mathur is her Republicans believe that we have ‘‘tax.’’ What do I mean by that? Well, name. And I would like to read some more alternatives than wind and solar what is the cap-and-trade or what we very interesting facts into the RECORD: as sources for clean, secure energy. We call the ‘‘cap-and-tax?’’ Basically, it ‘‘These higher costs of production by know that we can safely exploit Amer- says that there are factories out there cap-and-trade will translate to higher ican oil resources to provide for a less that can burn coal or emit CO2 into the energy and product prices. In a paper expensive transition to alternative atmosphere as long as they can find that I co-authored with my colleagues fuels. We know that we can power a somebody else by way of allotments at the American Enterprise Institute, next-generation electricity grid with who are perhaps under the threshold by we estimate that a cap-and-trade sys- safe nuclear power that will allow for taking that burden from them. And in tem, with a $15 permit price, will in- practical electric cars and reliable the process, there is some sort of ex- crease the cost of everything, from transmission, rather than forcing the change of currency. food, clothing, shoes and home fur- costs of energy to explode so that Now what kind of currency are we nishings by 1 percent, of gasoline 7.7 Washington might fund yet another ex- talking about? Well, it is estimated, at percent, electricity 12.5 percent, and pansion of the Federal Government. least at this point, and we don’t have natural gas 12.3 percent. Of course, as Tennesseans know that hydroelectric details as often we don’t get on these previous experience with cap-and-trade power is safe and reliable. It is clean. It things, of $646 billion of net taxation to programs has shown, permit prices are has powered our State for two genera- our economy. So again, let there be no likely to be extremely volatile and ris- tions. What bewilders me is that these mistake about it. This is a tax. ing over time, and our $15 price esti- kinds of innovative solutions are dis- Now, what effect will it have on us mate is likely to be conservative. couraged under the Democrat cap-and- Americans? Well, first of all, we know Other studies suggest that the price tax system. It reinforces my belief that it is going to increase unemployment could be above $50 in 2015, close to $100 this bill is more about revenue than it because as the tax burden is put on the in 2030 and $200 in 2050. We can safely is about revolutionary energy. factories and as it is put on power project that our estimates will be some We should be doing things to encour- plants, there will have to be a move- multiple of these higher prices.’’ age our innovators. We should be doing ment of factories and other things off- Now, also she points out something things that will incentivize exploration shore or to other countries who are not else, and that is this: as a percent of and transition to new types of energy, part of this program. We also know the total home budget for poor people, rather than making it more expensive, that it hits the poor. And it is also electricity is 4 percent, whereas for making it more scarce, and cutting off going to lower the overall standard of richer, more wealthy people, upper energy and innovation. living. middle class perhaps, it is only 1 per- Republicans have proposals for safer, Well, here is just a couple of facts cent. Therefore, the burden to a low-in- cleaner, cheaper domestic energy that that I would like to share with you, come person is going to be four times will conserve our resources, secure our Mr. Speaker. A recent MIT study shows that of someone of higher income. So energy sources, and expand our econ- that cap-and-tax will cost the average what does this do in net effect? What it omy. We do it without picking losers American household $3,100 a year. Now, does is it hits the poor first and worst. but, rather, by inspiring that innova- I know there has been some con- How else does it hit the poor and how tive spirit that has solved problem troversy about this. And it is my un- else does it hit everyone else? Well, we after problem after problem in this Na- derstanding that the MIT people went know that all the costs have to be tion. We do it without making energy back and said, we were wrong on that; passed along to the consumer. So as more expensive and more burdensome it is more than $3,100. Dr. Mathur pointed out, we are going to the family budget. We do it without Another study shows that we are to see inflation in the cost of every- making power more scarce, but by likely to lose three to four million thing we do because everything we making it more abundant. American jobs if this is enacted. Com- have today in terms of products, and I thank the gentleman from Illinois panies who are looking to invest in our even services to some extent, are de- for his leadership on this issue, and I economy will simply move overseas, as pendent upon energy cost. And cer- encourage all of our colleagues to join I said. There is also a debate about tainly it is going to create unemploy- us in making certain that we stand whether it will create a stimulus. For ment, because if this system were im- against cap-and-trade and also that we the last few months, we have been plemented worldwide, perhaps it would support H.R. 391, which will prohibit talking about how important stimulus be an even playing field. But that is is to our economy. Well, this will defi- not the case. We know that for every- the EPA from regulating CO2 emissions under the Clean Air Act. nitely stimulate an economy. It will thing we do, we have China and India stimulate other countries’ economies that is reversing that tremendously in b 1800 while hurting our economy. terms of the impact on the environ- Mr. SHIMKUS. I thank my colleague Now all of this perhaps would be a ment. And while their economies are for coming down and making the time. theoretical and perhaps a hypothetical growing rapidly, ours will be dimin- We have already had a colleague from discussion except for the fact that cap- ishing related to this. Georgia and now from Tennessee. I’m and-trade is not really a new concept. So the net effect of that, Mr. Speak- now going to be followed by Dr. FLEM- They have had it in Europe for years. er, is that if we move forward with this ING of Louisiana, a new Member, and I This morning I heard Dr. Gabriel crazy plan, we are going to see both think this shows the diversity of rep- Calzada talk about this. This gen- middle class and lower-income people resentation in this country. tleman is from Spain and an expert in hurt the worst. We are going to see an I appreciate your coming down and this area. So what is the Spanish expe- overall lowering of life styles. We are you’re free to open with your com- rience in this, Mr. Speaker? What going to see ourselves less productive ments. Spain found was that for every green and less competitive around the world.

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.099 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5148 CONGRESSIONAL RECORD — HOUSE May 5, 2009 And that is going to relegate to actu- want to be encouraging increased pro- Mr. SHIMKUS. And here is the Presi- ally a net loss in jobs. duction of all different sorts of energy. dent’s statement during the campaign: So I call upon my colleagues in our Now nuclear power is very capital in- ‘‘What I have said is that we would put discussion this evening—and hopefully tensive. But once you have a new nu- a cap-and-trade system in place that is this bill won’t even come to the floor. clear power plant, it is the cheapest as aggressive, if not more aggressive, But if it does, I ask my colleagues, Mr. source of electric generation that ex- than anybody else’s out there. So if Speaker, to vote ‘‘no’’ on this wasteful ists in the country, even far cheaper somebody wants to build a coal-fired bill that is really, in my opinion, just than coal as a source of energy. And power plant, they can. It is just that it another Trojan horse, a way of gener- yet the fact that it is CO2-free doesn’t will bankrupt them because they are ating revenue to pay for new social seem to make any difference, because going to be charged a huge sum for all programs and perhaps even newer so- there are those in the environmental that greenhouse gas that is being emit- cial programs that are yet to be deter- community who are very hostile to nu- ted.’’ mined. clear power production, even though So the signals are ‘‘no’’ in a venue And with that, I thank you, Mr. we have—and countries like France when the demand for electricity is SHIMKUS, and I yield back to you. which now produces more than 75 per- going to go up by 30 percent. But we Mr. SHIMKUS. Thank you, Dr. FLEM- cent of its electricity from nuclear want to limit the ability to produce ING, for joining us. Now I’m pleased to power—have addressed in new and in- electricity which is why we fear the be joined by the ranking member of our novative ways the waste disposal issue real price escalations. Agriculture Committee from the Com- and other safety issues that make nu- I just want to tie this in with the monwealth of Virginia. clear power very, very attractive. leadership of this House in Washington Ranking Member GOODLATTE, thanks And then when it comes to coal, do and down at the White House and for joining us. you know that more than half of our through the Federal agencies. They are Mr. GOODLATTE. Well, I thank the electricity in this country is generated saying ‘‘no’’ to coal and ‘‘no’’ to nu- gentleman from Illinois for holding by coal? It is a very, very important clear when we have all these challenges this Special Order to talk about the source of energy. And yet it is treated that face us. cap-and-tax proposal that has been of- like the lost step-child in this legisla- b 1815 fered by Chairman WAXMAN of the En- tion because no effort is really made ergy and Commerce Committee and here to help coal address the serious Mr. GOODLATTE. And they have no subcommittee Chairman MARKEY of concerns that have been raised by some good answer in terms of what to replace it with. Wind power and solar, the subcommittee dealing with energy about the amount of CO2 that is emit- on that committee. And it concerns me ted from coal production. That to me two that are very commonly cited, greatly as it should concern all Ameri- does not make any sense. We are the produce just a tiny percentage of the cans. Saudi Arabia of the world in terms of electricity in our country today. I When you look at the sources of en- coal production. We have more coal re- think wind power and solar are great ergy that we have in our country serves than any other country in the and they have great potential and we today, this legislation is going to drive world. And we have tremendous capa- should encourage more of them, but up energy costs for the average Amer- bilities in terms of long-term ability to there is no way that they are going to ican. It is going to drive up the costs of generate cheap, low-cost power. replace our traditional sources of gen- a whole lot of other things than simply Mr. SHIMKUS. Would the gentleman erating electricity any time in the near their electric bills and the cost of other yield on coal just for a second? I think future. energy they receive. It is also going to this is an important issue, of course, So the natural result is going to be drive up the cost of virtually every for me. But a couple of recent occur- that if you write legislation that heav- good that they receive and a lot of rences highlight the fact that this bill ily penalizes other sources of energy, services that they receive as well. It really is an assault on coal. And how- particularly coal, what you are going concerns me greatly. ever they try to clean it up, it is not to have as a result is much higher en- I have served as the ranking member working. Yesterday in the local paper, ergy costs. And it will affect people all and previously the chairman of the Ag- what did Speaker PELOSI do? She said across the country in very dramatic riculture Committee. Today I serve as the coal-fire power plant here in the ways, and they will see it when they the ranking member on the sub- Capitol is now switching to natural open their bill for their electricity. But committee of the Agriculture Com- gas, that coal is gone. At a news con- they are also going to see it in ways mittee that deals with energy. And ference briefing held last week at the that may surprise them in terms of the quite frankly, it is a situation where United States Energy Association, cost of goods and services and in terms this is a solution in search of a prob- FERC Chairman Wellinghoff told re- of their very livelihood because many lem. And quite frankly, the solution is porters that nuclear and coal power jobs will go outside of the country to going to create great problems for the was too expensive. He estimated the other countries like Russia and China American people. cost of building a nuclear plant at and India that have no intention of What we really need to have in this about $7,000 per kilowatt and discour- complying with the same type of a cap- country in this time of very severe eco- aged investors from undertaking such and-tax system that is being proposed nomic turmoil when people are losing ventures. right here in this Congress. Therefore, their jobs and the economy is suffering So the signals are no nuclear and no they are going to have cheaper sources is we need to be looking at producing coal. of energy. more domestic sources of energy of all Mr. GOODLATTE. So what are they China and India, right now, are build- kinds. And yet this legislation is going going to replace it with? ing one new coal-fired power plant a to discourage the production of most of Mr. SHIMKUS. They don’t like coal. week. Are they going to comply with the principal sources of energy that we They don’t like hydro. But don’t like cap-and-tax? Are they going to reduce utilize in our country today, including nuclear. But they like electricity. their greenhouse gas emissions? No, coal production and nuclear power. Mr. GOODLATTE. They like elec- they are going to dramatically increase The gentleman may correct me if I’m tricity? I like electricity. You like those greenhouse gas emissions, and wrong, but my understanding is that electricity. But you have to produce it the end result is they will produce elec- nuclear power, which is completely CO2 with something. tricity cheaper. Therefore, they will be gas emission-free, is going to not re- Mr. SHIMKUS. Here is the Presi- able to produce goods cheaper in those ceive any credit for the availability of dent’s comments. countries. They will be a magnet to electricity that is produced from this Mr. GOODLATTE. Seventy-five per- draw jobs to those countries, to become source which today produces about 20 cent of our electricity—people who are manufacturing bases, as they are al- percent of all of our electricity in the paying attention to this issue should ready growing to be. It is just going to country. And it seems to me that if know that 75 percent of the electricity get worse. you’re truly dedicated to solving our produced in our country today is pro- Even though China has grown so problems of energy sources, you would duced from coal and nuclear. much in terms of its manufacturing in

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.100 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5149 recent years, the United States is still Mrs. BIGGERT. I thank the gen- We need a combination of technology the world’s largest manufacturing tleman and I am delighted to be here and increased production of nuclear re- country. We are going to lose that with Mr. SHIMKUS. newables and fossil fuels. Each have to when this bill takes effect if we don’t Mr. Speaker, Mr. SHIMKUS has done be a part of the long-term plan for get the American people to speak out so much on energy for so long in the America’s energy and environmental about it and let the Members of Con- Energy and Commerce Committee and security. gress know that this kind of damaging has really brought to the forefront so I want to focus for a moment on the legislation will cost jobs and raise the many innovations and ideas on how we nuclear. As I said, Illinois is 50 percent cost of living in this country if it is not can solve our problems, and also mak- nuclear, 20 percent in our country, and brought to a halt. ing sure that we do the right thing. there are a lot of permits pending out Every source of energy that we have, Mr. Speaker, I rise today to express there for increased nuclear plants. But whether it is coal or nuclear power or my concern about our national energy we need reprocessing to deal with the oil or natural gas or solar or wind and environmental future. I am really waste. If you thought of nuclear energy power or geothermal or renewable worried that Congress may soon con- as a log, and you cut 3 percent off this biofuels, all of them have environ- sider the cap-and-trade legislation in side and 3 percent off of that side of the mental issues attached to them. You an attempt to move America toward a log, and you put that log, the 3 percent can’t name a one that doesn’t. clean energy economy and decrease our plus the 3 percent and burned it, and Wind power has all kinds of environ- reliance on foreign oil sources. then take the other part of the log, mental issues attached to it. People That sounds good, doesn’t it, and the which is 94 percent, and put that into have attempted to build wind power fa- act in its current form will do that, but the ground as waste, that is what we cilities in my district and have gotten it will do much worse, and I cannot are doing right now. So we can really great push back on the effect about support a cap-and-trade program that increase the capabilities of nuclear and birds and bats and noise. will unfairly penalize small business, we can reduce the toxicity and we can Solar generating facilities that have industry and taxpayers across the reduce the longevity of the radioac- been proposed for the southwest of this country. tivity. So this is a no-brainer. I can’t country have had lawsuits brought A lot of my constituents get this. I understand the Secretary of Energy against them to prevent them from would like to read a short quote from and the administration suddenly decid- building these solar facilities because one of my constituents. The gentleman ing that we put a hold on the recycling of the impact it will have on desert is from Darien, Illinois, and he says: ‘‘I process when we have worked so hard vegetation and desert wildlife and so am writing to ask you to vote ‘‘no’’ on and come so far on the research to be on. any cap-and-trade bill that comes up ready to do that without nuclear pro- Ethanol and other renewable fuels for a vote this congressional session. have environmental opponents to them liferation. Cap-and-trade is a huge tax on every So I think we really have to look at as well. American who flips on a light switch or So it seems to me that the all-of-the- doubling the amount of power gen- above approach of the Republican Con- puts gas in their car. Cap-and-trade erated from zero emission nuclear ference, of promoting the development would do nothing to affect global cli- power by 2030; and, more importantly, of new sources of energy, of promoting mate change, but would harm our econ- we need to begin nuclear fuel recycling energy conservation and efficiency, omy and lead to job losses and higher and incentivize interim storage to get and of promoting the development of taxes for all Americans.’’ us there. Recycling reduces the volume all of our sources of energy, including Many estimates exist on job losses of that, and it is clean and it is safe. our traditional sources, and producing and rising electricity prices under a And then utilizing technology to tran- them domestically to reduce our for- cap-and-trade program. One recent and sition to a low carbon transportation eign trade deficit problems and to cre- very conservative estimate suggests system is another way we can dramati- ate more jobs in this country is the that Illinois would lose 48,000 manufac- cally decrease petroleum use and re- way to go here. That ought to be the turing jobs by 2020 and see a $1.47 per duce emissions. alternative that this Congress turns to kilowatt increase in their utility bills. Lithium batteries in fuel-cell tech- instead of a cap-and-tax government Illinois is 50 percent reliant on nuclear nology, like those being developed in planning scheme that stifles private power followed by coal. Illinois at Argonne National Lab in my sector innovation, that causes higher For this reason, I think with record district, will transform both the auto consumer energy prices and causes job unemployment and foreclosures, how manufacturing sector and help Amer- losses and lower wages and stock de- can we ask the American people to ica recapture the domestic battery valuation. swallow a huge cost of living increase manufacturing base. Its potential for abuse and corruption when they are already struggling to I currently serve as the co-Chair of is great. It is a windfall for certain peo- live? the High Performance Building Caucus, ple who didn’t do anything to deserve In an apparent trend, the recently and each month we hear from a busi- the benefits that they will get when passed budget resolution slashed Yucca ness or an association about the tech- they suddenly find that they have Mountain funding. This disturbs me. It nology, a service that offers a solution something to sell or trade under this effectively signaled lack of support for for improving commercial and residen- system. And it is not likely to actually expanded nuclear production, closing tial building efficiency. Forty percent reduce any emissions significantly. the window of opportunity for a waste of the emissions in this country come This idea that somehow we can resolution. Taxpayers have already put from existing building infrastructure. duce greenhouse gas emissions to the $16 billion into this mountain to take So retrofitting existing buildings or extent that we can turn down the ther- care of our waste. So this is welcome utilizing technology in new building mostat of the world when other coun- back to the Carter years when the reconstruction can serve a variety of tries are going to increase their CO2 processing plants that were built here things. There are so many things that emissions around the world is folly. in the United States, six of them, were we can do. We need everything to cut That is what this legislation is, and it shut down before they even opened. I out the CO2 and the other gas emis- has no guarantee that it will solve the think one opened. sions that cause so many problems. global warming issue that many have Mr. Speaker, there is no silver bullet Illinois is almost exclusively depend- focused on. Instead, we do have a guar- solution for the future of our national ent on nuclear power followed by coal, antee that it will have a devastating energy supply, but we would be irre- so we cannot afford the price spikes impact on our economy. sponsible to incentivize emission re- that would follow a cap-and-trade plan, I thank the gentleman for allowing ductions without including supply in- especially without the increased power me to speak during this Special Order. crease solutions. I think that the U.S. production. Mr. SHIMKUS. I appreciate the gen- can lead in the environmental perform- I hope that leadership on both sides tleman coming down, and I would like ance and production with this policy. I of the aisle remember to put their con- to now recognize the gentlewoman just don’t believe that cap-and-trade is stituents first when it comes to consid- from Illinois (Mrs. BIGGERT). an appropriate means of doing that. ering climate legislation and allow

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.102 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5150 CONGRESSIONAL RECORD — HOUSE May 5, 2009 technology and the market to pave the American family, small business, and ducers to move their manufacturing way for emission reductions. family farm. Family energy costs will plants to other countries. I thank the gentleman for holding rise on average by more than $3,100 a Dr. Alvarez reported that just last this Special Order. I think it is a great year. That makes no sense, considering week, British Petroleum closed two benefit that we continue to discuss this the current economic crisis we find solar plants in Spain, and said that the issue. I hope that we can all work to- ourselves in. wind and solar industries are losing gether to really solve this. Cap-and- Those hardest hit by this massive tax thousands of jobs. trade will not do it. will be the poor, who, experts agree, Interestingly enough, a number of Mr. SHIMKUS. I thank my colleague. spend a greater portion of their income these manufacturers in Spain moved to It is very important that we continue on energy consumption. Cap-and- our country to escape Spain’s cap-and- this discussion, this dialogue, and help trade—cap-and-tax—amounts to, lit- tax. I’m absolutely confident today inform the American public. erally, a war on the poor. they may be packing their bags, get- The reality is the 686-page bill, so it In my district, many folks depend on ting ready to move again, along with is $1 billion a page, but the reality is the Low-Income Home Energy Assist- our own United States manufacturers, that there are large portions that are ance Program to make energy costs because of the crushing impact and the to be written later. Part of our chal- more affordable just to make ends discussions we are having of imposing lenge to really debate this bill is to meet. It makes zero sense to impose this proposed cap-and-tax in our coun- call my friends out and say, okay, you what are essentially new taxes on entry today. promised transparency. You promised ergy when we have programs like this Mr. Speaker, the best predictor of fu- openness and regular order. What are to make it cheaper for those who need ture performance is past performance. the scores so we can figure out the win- it most. The only measurable outcomes of this ners and losers? But it is crafted be- Now, we believe that there are better proposed national energy tax is, based hind closed doors. solutions—better solutions than more upon past performance, higher unem- In fact, I heard today that this bill taxes and few jobs and more govern- ployment, higher energy costs, and un- will now bypass the subcommittee and ment intrusion. And while I strongly reliable energy sources. Frankly, hopefully go to the full committee, favor diversifying our energy portfolio Americans deserve better. which is really a shame for individuals and increasing our renewable sources, I really appreciate the gentleman yielding time, and I appreciate your who have promised regular order to we have to be realistic about how we go leadership on this very important and continue to disregard it. about this. In fact, Chairman WAXMAN, Chair- We talk a lot about renewable energy critical issue. Mr. SHIMKUS. I thank my colleague man MARKEY, and Chairman Emeritus sources, but the fact remains that wind from Pennsylvania for joining us. I DINGELL all sent a letter making sure and solar still make up less than 1 per- look forward to working with him as that this would not be done in rec- cent of our total energy consumption we move to defeat this, wherever we onciliation, and pushing for regular in needs that it meets. Even with order. They sent a letter to President get a chance to. heavy government investment and in- Now, just for my colleagues to know, Obama. volvement, it’s obvious that these And it is now these very same people I think there are about 10 minutes resources will continue to be minor con- maining. I would like to now give the who sent a letter begging for regular tributors in the coming decades to our order who are not going to allow reg- time to Dr. PHIL GINGREY, a colleague energy needs. A cap-and-trade system of mine from Georgia on the Energy ular order to occur on this bill. That is equates to enormous new taxes on fos- sad because it hurts our ability to edu- and Commerce Committee. sil fuels, which currently accounts for Mr. GINGREY of Georgia. I thank cate our constituents, our voters, and 85 percent of our overall energy con- let them make a decision. And they do the gentleman for yielding. I thank sumption. Representative SHIMKUS for leading not that every 2 years. What do we know about the experi- With that, I am pleased to be joined just this hour, Mr. Speaker, not just ence with cap-and-tax? Well, Spain is a this hour tonight, but he has been in a by a new Member from Pennsylvania, country that has been identified as a Mr. GLENN THOMPSON. leadership role on an all-of-the-above success story for cap-and-trade by approach to solving our energy prob- b 1830 President Obama. Now I agree that the lem and our dependence on a lot of Mr. THOMPSON of Pennsylvania. best predictor of future performance is countries that don’t like us very much Thank you, sir. I thank the gentleman past performance. That has been some- for our sources of oil and natural gas. for his leadership on this issue because thing I have led my life by as I have This goes back, Mr. Speaker, to the this is, as I was preparing to come to made my decisions. So what has been August recess of last year, where so Congress, the fact that we had a com- Spain’s experience over the past 7 many of us on this side of the aisle just plete lack of a national energy plan years with cap-and-trade? spent literally the entire month with and that our energy situation we were Earlier today, at the Republican En- the lights down low and the micro- in was just not facing us from our energy Solutions hearing, we heard testi- phones off and the C–SPAN cameras ergy needs, but our economy and our mony from Dr. Gabriel Calzada Alvarez not running, but just bringing people national defense. from a university in Madrid, Spain. Dr. on the floor of this House that were Mr. Speaker, I come from an energy- Alvarez reported on the failure of cap- visiting the people’s House on summer intensive part of the country in rural and-trade in Spain. What are the out- vacation and talking to them about an Pennsylvania. I can say that the cap- comes that he saw of cap-and-trade— all-of-the-above approach to solving and-tax plan is nothing more than a the real past performance of cap-and- our energy problems. national energy tax. The devastating trade? So I thank Representative SHIMKUS impacts of creating such a program are First, unemployment. There were 2.2 for that, and my colleague from Illinois obvious and alarming—while the bene- jobs lost for every 1 job created in (Mrs. BIGGERT), and Representative fits remain entirely unclear. Spain. For every 10 green jobs that G.T. THOMPSON. I think about the per- A cap-and-trade program will not were created, only 1 survived. The rest son he replaced in Pennsylvania, a just raise the price of gas at the pumps require continuous massive govern- long-serving member in this body, who and increase our home heating and ment subsidy and funding. retired—John Peterson—and the work cooling bills, but it will increase the The second outcome we saw was that he did in regard to clean coal and cost of all goods and services that we unaffordable energy costs. The price of his efforts. Of course, that is a signa- rely on. energy in Spain has gone up 31 percent ture issue that Representative SHIMKUS The truth behind the cap-and-tax during those 7 years of this grand ex- is trying to rally us behind—clean coal plan is that it will lead to more taxes, periment with cap-and-trade. technology, carbon sequestration, and fewer jobs, and more government intru- The third outcome has been unreli- things that are part of this total pack- sion in our lives. able energy. Spain’s power grid system age of all-of-the-above. The President’s energy plan is a $646 has been unreliable, with blackouts Just real quickly let me say this. I billion tax that will hit almost every that he reported, leading some pro- heard Representative BIGGERT talk

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.103 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5151 about the situation in Illinois. I wasn’t at President Obama’s own budget, of cycle, you get a chance to get sworn really aware of the dependence on nu- President Obama’s budget estimates in and speak here. And he actually had clear for electricity in Illinois and its that a cap-and-trade energy tax would one of the best speeches I have ever relationship to how much energy is generate $646 billion in new taxes on heard. In fact, I wrote it down to a generated by coal. So you have got American families—something that point that I wanted to highlight his that one-two punch in Illinois. would have a devastating impact. comments. It’s just the opposite in Georgia. It’s The National Association of Manu- He said, ‘‘It is a humbling experience mostly coal. Some hydro and a little facturers estimates 3 million to 4 mil- to take a job when people back home bit of nuclear. We are very likely to get lion jobs would be lost. The President’s are losing theirs, and become a member the next two nuclear power generators own budget director says average of this House when people are losing come online pretty soon at Plant Vogel American families would pay thou- theirs.’’ in my great State of Georgia. sands of dollars more on their home It made me appreciate the great But there is no question that this utility bills. So I think as people look honor that the people of southern Illi- cap-and-trade or cap-and-tax—you at this, they realize this is the wrong nois have bestowed on me to come here know, the word scheme can be a pejo- approach. and represent them. How dare I come rative. And I honestly believe, as I The good news is there is a better here and cast votes that would cause stand here and tell my colleagues, that way to do this. We filed last year the them to lose their jobs in even greater I think this is a scheme. It is a scheme American Energy Act, a bill to actu- numbers. I am here to protect their to get jobs that have long ago located ally promote a comprehensive energy jobs. in the South and Southeast because of plan to get energy independence in Why am I so impassioned? In the 1990 the low cost of labor, to get them back America, but to get it by using our own Clean Air Act amendments, this mine, into Massachusetts or out in Cali- natural resources; to explore our oil, Peabody No. 10 in Kincaid, Illinois, fornia. And this is the way they do it. our natural gas, which we keep finding closed. Twelve hundred jobs were lost They are not willing to cut the cost of more reserves throughout the country. in just one mine. Fourteen thousand in labor, for obvious reasons, so they jack Up in Shreveport, Louisiana, we found southern Illinois. up the price of energy in the Southeast the largest natural gas reserve in the The Special Order before this had a and in Illinois and other States of the country’s history. lot of members from Ohio, and one of So we have got those natural re- breadbasket of the country and the them mentioned Bob and Betty Buck- sources in our own country. Unfortu- Rust Belt. eye, which I thought was cute. Ohio nately, a lot of policies here stop us I think if you go around your district lost 35,000 coal mine jobs. Ohio. About from using them. That could create and you talk to people, every manufac- 92 percent of their energy portfolio is hundreds of thousands of jobs, generate turer will tell you, ‘‘For goodness sake, coal. billions of dollars for our economy, and Congressman, do something about If you follow President Obama’s then you would use that money to pro- stopping this cap-and-tax situation.’’ quotes and you follow the FERC chair- mote and find and explore those alter- That’s what we are all about here to- man and you follow the bill, this is an native sources of energy like wind, like night. I know time is limited so I want assault on every State that relies on solar, to get those online; to encourage to yield back and let some of my other coal-fired power and the miners that more conservation, as people are al- colleagues have a little time. But, JOHN ready doing. get that coal from the ground. SHIMKUS, thank you for the oppor- But we also need to include clean We will have a chance to talk, de- tunity. We will continue to be with you coal technology and nuclear power. Nu- bate, offer amendments to make sure on this effort. We have got to stop this clear is a source that emits no carbon. that these jobs are protected, and then scheme. And so as we have heard from some of when my colleague makes a comment, Mr. SHIMKUS. I appreciate my col- these studies, the Spain study is a real- ‘‘it is humbling to be given a job when league from Georgia. Georgia has some ly good indicator, a country that has people are losing theirs,’’ we best be significant challenges on the renewable gone down this cap-and-trade energy about the business of protecting the electricity standard that they are try- tax road and has realized how dev- jobs of our constituents. ing to cram down, which will definitely astating it is to their economy. b 1845 increase rates in the Southeast. We That study that just came out in And this cap-and-tax, this national need you in the fight—and we are glad Spain that said for every green job energy tax, will destroy jobs; and that you are here. they created, every permanent green is what we are here to fight. I would now like to turn to my other job, they lost over 20 full-time jobs, be- I see my colleague is here. I have 1 colleague and friend, also from the En- cause even the bulk of the jobs they ergy and Commerce Committee, Con- created were temporary jobs. So for minute left, and I recognize the gen- gressman STEVE SCALISE from Lou- every job they created that was a per- tleman from New Jersey. isiana. manent job, they lost 20 jobs in their Mr. GARRETT of New Jersey. I ap- Mr. SCALISE. I want to thank my economy. And they have realized it was preciate all the work the gentleman friend from Illinois on his leadership on a failure. has done, and I know we will be doing this issue as well. As my other col- America surely shouldn’t go down this in the future. league said, this is one of those big bat- that road. That’s why we are proposing Obviously, this cap-and-tax Special tles that happens up here in Congress these alternatives. There is a much Order that you are talking about to- not too often, but at a time when we better way—a way that we can achieve night points out the fact that we are are facing very difficult times in our American energy independence by pro- looking at higher energy costs, what economy. moting the alternatives and using our you were just talking about here, fewer We are talking about different things natural resources that we have in this jobs, and of course more government that we can do to get our economy country to create good jobs, keep those interference and intrusions into pri- back on track. But for the last few jobs here, promote the alternative vate lives. When we come to the floor years, a lot of us have been talking sources of energy, and reduce our de- next time to address this issue, I want about what we need to do to really pendence on Middle Eastern oil. to address the issue of ‘‘not in my back achieve energy independence, to reduce I thank the gentleman for his leader- yard,’’ or NIMBY, and the fact that you our dependence on Middle Eastern oil, ship on this issue. are running at cross purposes here. And stop sending billions of dollars to coun- Mr. SHIMKUS. I appreciate my col- that is that, in order to do some of the tries that don’t like us, but also to leagues—all my colleagues—for coming good things that they want to do— really promote those alternatives in down here tonight. In fact, I didn’t which is to get to some alternatives, our own country so that we can get to have to spend much time, we had so renewables, and the like—we cannot do that next level of generation of new en- many people involved. I think it shows it in the structure that is in the bill be- ergy sources. the concern of this debate. fore us, or what have you, because new So this bill, this cap-and-trade en- One of our new Members recently electricity demands will be graded, ergy tax, comes before us. If you look elected—and when you are elected out spikes in energy costs will occur, the

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.104 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5152 CONGRESSIONAL RECORD — HOUSE May 5, 2009 fact that we need new transmission of the aisle have simply lost their abil- how important it is to support Repub- lines—and I will be able to come to the ity to have a serious conversation lican legislation to prevent the EPA floor to explain in detail how this is about what the scientific community from doing its job under the Clean Air not already occurring because of the and the majority of the American pub- Act to deal with carbon pollution. I problems with NIMBY, the fact that lic feel is a serious problem; indeed, find that embarrassing. For the last 8 people do not want to have this occur maybe the greatest single threat to our years, the Bush administration has ab- in their back yard. way of life. rogated its responsibility under the I commend the gentleman on his I am reminded of what happened 68 Clean Air Act to take action. Indeed, work here. And I look forward to elabo- years ago in this Chamber. The world even this Supreme Court slapped them rating on this in future floor remarks. was being slowly engulfed in World War down for dragging their feet dealing Mr. SHIMKUS. I appreciate my col- II. The Nazis had taken over most of with the auto tailpipe standards. What league joining me. Europe and Great Britain was at risk. an outrageous response. Instead of Mr. Speaker, I yield back the balance The Japanese had moved throughout joining in an effort to work to make of my time. the South Pacific. The United States sure that we are meeting the challenge, f was looking at an international land- instead we are going to introduce legis- scape that was increasingly more and lation to prevent the EPA from doing ENERGY ALTERNATIVES more threatening. But 68 years ago, its job if Congress fails to act. The SPEAKER pro tempore (Mr. there were some in this Chamber—ac- We heard my friend from Illinois talk HIMES). Under the Speaker’s announced tually, a majority on the other side of about how deeply concerned he was policy of January 6, 2009, the gen- the aisle—that weren’t that concerned. that, under the Speaker’s leadership, tleman from Oregon (Mr. BLUMENAUER) They felt that we were still shaking off we have changed the Capitol Hill is recognized for 60 minutes. the events of a Great Depression and Power Plant that for the 14 years that Mr. BLUMENAUER. Mr. Speaker, it we couldn’t afford money on a military I have been in Congress has been belch- has been interesting to sit here on the buildup, that we shouldn’t have the ing cold smoke into the air—one of the most serious sources of air pollution floor and listen to my colleagues deal human resources in our military. with their talking points about climate We were facing the expiration of the here in Washington, D.C.—somehow change, carbon pollution, and what conscription, the military draft. There the fact that the Speaker has acted they would like to debate. Sadly, they was a vote 68 years ago that by only with legislative leadership in the Sen- are a little bit out of phase with what, one vote, 203–202, enabled us to have a ate to solve this problem by cutting in fact, we are facing as a Nation. military draft and have some sem- the emissions in half and using natural gas instead of coal, that somehow that Luckily, the American people under- blance of the tools available when the is bad. Well, as somebody who lives in stand that there is a serious problem inevitable happened. And on December Washington, D.C. over a third of the facing us dealing with carbon pollu- 7, 1941, the day that President Roo- time, I am glad that we are not going tion, and they favor action to do some- sevelt said before us in this Chamber to be polluting the air with carbon pol- thing about it. would live in infamy, at least we had lution. I think it is the least we should The American people know that ice those tools available to be able to be doing for the millions of people who disappearing in our polar regions, birds spring into action and fight to save our live in the metropolitan area, in terms migrating further and further north be- country from existential threats. of clean air, dealing with the awful cause of the change in the tempera- I feel very strongly that we are fac- substances that are part of the emis- tures, the weather that is being disrup- ing something similar today, and we sions from coal. And to think somehow tive with drought and extreme weather are going to have too many people in that that is wrong gives you a sense of events and the consensus of the sci- this Chamber who are not going to be entific community all converge. We’ve the mindset. able to answer a question that will be The new Representative from Penn- got a problem, and it is threatening life posed by history 68 years from now. sylvania was troubled by ‘‘a complete as we know it. They are not going to be able to look lack of an energy plan.’’ Well, maybe The American public is not likely to their children and grandchildren in the he is so new to Congress that he hasn’t be somebody who is told by 98 doctors eye 10 or 15 years from now and explain noticed that George Bush and the Re- that their child is seriously ill and why they weren’t part of a process to publicans have been running things needs a specific medicine or treatment. provide a solution to the threat of here for the last 8 years and, in fact, The American public would not be in- global warming. have passed various pieces of legisla- clined to go search for a single doctor Listen to the echoes that are still in tion to the benefit of some of the pol- that disagrees, to take a chance. If you this Chamber from our colleagues. One luting energy industries, but failed to have engineering experts who tell you gentleman I like was talking about come forward with a comprehensive en- that you are living in a building that is how there was a recent MIT study that ergy proposal. likely to collapse, you think about showed that there was $3,100 in cost The notion somehow that we can’t that seriously. And if you get a second from a program of preventing carbon move forward in a thoughtful, com- opinion and a third opinion and a pollution, a cap-and-trade program. prehensive fashion to be able to design fourth opinion and a fifth opinion and And then he acknowledged, well, there a system to reduce carbon pollution, I they all agree that the building is like- are some controversies surrounding it. think, is, frankly, embarrassing. Luck- ly to fall down upon you and your fam- Absolutely there is controversy sur- ily, the Democratic leadership is com- ily or your customers, you are not like- rounding it. But then he went on to mitted to moving forward. This is one ly to keep searching for that one say, well, it appears as though the of the top priorities of Speaker PELOSI. outlier who says don’t worry about it. number is even higher than $3,100. Ab- We have work that is undertaken in The public knows that we have a se- solutely false. the House Energy and Commerce Com- rious problem. There is a consensus in The author of that report, in fact, mittee moving forward with draft leg- the scientific community that we need has written to the Republican leader- islation which hopefully will be moving to do something about it. And, indeed, ship that has been misusing the study on to us in a matter of weeks, if not everything that we are talking about to say that it is wrong in so many ways days. We are poised to work with the doing to control carbon pollution and he doesn’t know how to count. It would House Ways and Means Committee as to reduce our dependence, particularly be a tiny fraction of that amount, and part of this partnership, and the on petroleum, but especially foreign that assumes that we are not giving Obama administration has set down oil, all of these are things that we things back directly from those re- markers and is prepared to act, either should be doing anyway, even if we sources to make a difference for people. administratively or in cooperation weren’t threatened by global warming It is embarrassing that people are still with us, with legislation. and serious disruption from the carbon purposely misstating research like This country shook off the Great De- pollution. that, but it is typical. pression by mobilizing the economy to Sadly, the last hour demonstrated Echoing in the Chamber now, there fight World War II. We have an oppor- again that too many on the other side was somebody who was talking about tunity to mobilize against a threat at

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.106 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5153 least as great—that dealing with global ucts and services in energy-efficient have had Members of Congress today warming—and to harness new tech- standards. So that as a net result, 20 joking about the unstable weather here nologies, new industries, new products years from now, at least in our commu- in Washington, D.C., extreme rain, and services to be able to put people to nity, it’s clear that we’re not going to heat, cold. Well, we’re seeing global work. have, as a result of the change in elec- weather instability increasing around Contrary to what has been suggested, tricity, some massive burden on indi- the planet. And the droughts, the alternative energy—wind, solar, bio- vidual consumers because we will be heavy rains, the windstorms, these mass—across the globe are some of the smart with our investments and people carry with them a cost as well. fastest growing industries on Earth. will be smart in terms of what they do, There are socially potentially disas- Solar and wind power industries alone and we anticipate there will be no net trous effects that relate to unease and have sustained annual growth rates of increase. upheaval from drought, fighting over 30 to 50 percent, creating tens of thou- Now, one of the factors that is also water. There’s a whole range of social sands of jobs while reducing reliance on important to point out is that we are costs that people need to be thinking foreign sources of oil and helping to going to be looking at new tech- about. shrink our carbon emissions. nologies and products that leapfrog There are, I think, very sober voices Now, it is true that these renewable ahead. Back when we were considering that should be heard above the talking sources today account for less than 3 in the Northwest the plans that we points. One voice that I find most com- percent of the world’s power genera- were going to make in the 1980s, we pelling is that of retired United States tion, but the opportunity here is enor- didn’t actually consider that compact Army General Anthony Zinni, who has mous. We expect that there will be in- fluorescent light bulbs were going to be written: ‘‘We will pay to reduce green- creased energy demands in the United a serious lighting efficiency choice, but house gas emissions today or we will States and around the world, but only by the year 2000, these CFLs were wide- pay the price later in military terms, about a third of the generation capac- ly available. And now, even more effi- and that will involve human lives.’’ ity that will be needed to meet ex- cient lighting technologies, the LEDs, We are already looking, in my State pected demand by 2030 has been built. were on the horizon and moving for- of Oregon, at the likely adaptation We have an opportunity to shape and ward. There will be further techno- costs. We’ve got issues relating to direct how we manage that, to be able logical innovation, exactly what we flooding, landslides, forest fires, the to direct it in a way that is going to saw when there was a restriction to potential need to relocate highways make the greatest impact on our econ- deal with another gas in the atmos- and other public works. We are facing omy. phere, the CFCs, the chlorinated fluo- real threats in our State like they are rocarbons, that were threatening the already being faced by coastal villages b 1900 ozone. You will recall at that time in Alaska and in the British country- Mr. Speaker, there has been a fair companies like DuPont threatened side of being eaten away by the in- amount of hyperbole about what will that there would be massive disrup- crease in sea level and storm surges. be the costs of controlling carbon pol- tion, a massive increase in costs, and We are already facing the problems of lution and moving into a new economic people would be put out of work. Well, competition for lower summer stream era. The IPCC has been in the forefront actually, that’s not the case. The ini- flows from hydroelectric power, irriga- of this with the research that’s coming tiative was taken. Not only were there tion, navigation, municipal water sup- forward, and we have had a chance to not massive dislocations, a large in- plies, and system stream ecosystem look at the parameters that they have crease in unemployment, but compa- needs. We’re having a drama being suggested. In survey after survey of nies like DuPont actually made money played out now in the State of Cali- greenhouse gas reduction scenarios un- by producing alternative chemical re- fornia with their prolonged drought. dertaken by respected and peer-re- frigerants. And surely the same will That’s a taste of what we are looking viewed modeling groups, there is a pro- occur now if we are diligent about our at in the immediate future if we are jected average GDP reduction of per- investments. unable to act. haps five-tenths of a percent to three- But more to the point, what’s going We have brought that down in Or- quarters of a percent to 2030 and 2050, to happen if we take the alternative egon, a State that has been a leader in respectively. The estimate is that by that is offered by some and continue efforts to curb greenhouse gasses, to 2030, the overall United States gross with business as usual, to not control plan for energy futures, an intensely domestic product is projected to double carbon emissions, to fall victim to con- environmentally conscious State. We to some $26 trillion. Without a cap on cern about temporary problems with recently had a study published by the greenhouse gas emissions, the United the economy? The report by Sir Nich- University of Oregon’s Climate Leader- States reaches that doubling by Janu- olas Stern for the Government of the ship Initiative by Echo Northwest, a ary 2030. With a cap, it reaches that United Kingdom suggests that the mid- consulting firm located in Oregon, that goal 3 months later, April 2030. This is rate growth for global emissions are estimates the cost to Oregonians by consistent with the research that we projected to cost 5 percent of the global 2020 from the impacts on global warm- have done in Oregon at Portland State GDP. A 5 percent loss of the world eco- ing of $3.3 billion annually, almost University. The State Carbon Alloca- nomic output. Now, actually the trend $2,000 per Oregon household or 2 per- tion Task Force, looking only at the line is a little more disturbing than cent of our current gross domestic electrical sector, found that while car- what Sir Nicholas Stern came up with product. Put in perspective, that would bon reductions to meet the State’s 2020 because he was just dealing with the be the equivalent of a household an- goal of 10 percent below the 1990 levels mid level of the projections. We have nual electric rate increase of 175 per- would increase energy rates. Under seen that emissions in the last several cent. most conditions, average consumer years have been at or above the high Mr. Speaker, these are sobering facts costs would be the same or lower due projections in the IPCC fourth report that deal with the highly likely out- to cost savings from energy efficiency. from 2008. And as a result, we have to comes of our failure to get our arms I want to be very clear about this be- look at that higher range that was sug- around this problem and move forward cause, contrary to the assumption of gested by the Stern report, which could to deal with the problems of green- some critics sticking to their talking be a 20 percent reduction in global house gas emissions. We need to be se- points, any money that is generated GDP. rious about opportunities dealing with from fees on carbon pollution is not The status quo, ignoring the prob- the savings from energy efficiency. somehow buried, it’s not shot into lem, trying to score debate points, roll This is an area that we should be doing space, it’s not locked in a vault some- back the Clean Air Act, and wait poses regardless of greenhouse gas emissions. place. This money is used to be able to much more serious problems in terms This is something that is within our strengthen our energy infrastructure, of what we are likely to see as a con- power right now. and higher prices are further going to sequence. And many of these potential Part of what is being ignored by crit- encourage efficiency, and last but not problems are not market related. The ics and their talking points is that all least, we will be investing in new prod- effects of this extreme variation, I of the major approaches to deal with

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.107 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5154 CONGRESSIONAL RECORD — HOUSE May 5, 2009 greenhouse gas emissions, with the this aggressive push towards energy ef- the problem. I, personally, don’t think cap-and-trade, would put much of this ficiency. it’s the best, but it’s one of the ap- money back into a system to help peo- Well, looking at what has happened proaches that will be taken. ple improve energy efficiency. Remem- in the Pacific Northwest over the last We find now that there is growing ber, I mentioned the one study that, in 25 years. That’s simply not the fact. support from leaders in the business fact, estimates that people would actu- Californians have actually had some community to act seriously to reduce ally be paying less by 2030 than they’re reasonable economic growth in this pe- greenhouse gas emissions. There is a paying today, even though electric riod of time. We have had the same in growing consensus among business rates would well go up, because of in- Oregon. By not being intensely carbon leaders that now is the time to act, and creased energy efficiency. based, investing in energy efficiency, they are participating with us in seri- We are currently wasting more en- we have been able to produce substan- ous discussions to craft a workable so- ergy than any other country in the tial economic benefit while we are lution. world. The United States is less carbon growing in a sustainable fashion. It’s somewhat ironic that we hear the efficient than 75 out of 107 industri- It has resulted in Oregonians, in the United States Chamber of Commerce alized countries, and we use the most metropolitan area of Portland, export- being cited by some to cite that there transportation fuel per passenger mile. ing fewer of their dollars to Houston, are problems in opposition to dealing There is absolutely no reason that we, Venezuela or Saudi Arabia and, in fact, with greenhouse gas cap-and-trade ini- as a society, as we are working to cre- they have almost $2,500 a year more tiatives. Actually, the best research I ate new green collar jobs built on an disposable income that they are not have seen is that there are only four energy-efficient, carbon-constrained spending just on transportation alone. companies on the board of directors of economy for the future, can’t take ad- This makes a real difference in terms the Chamber of Commerce that are in vantage of this to be able to not only of the initiatives that were made. support of this ‘‘just say no’’ attitude. Of those companies that have taken a reduce power rates in the future, sav- In Oregon, we have been working to position on the board of directors, 80 ing Americans money, but put people reduce carbon emissions. Our carbon percent support Federal regulations to work now. We have seen this work emissions were 30 percent lower than with goals to reduce total U.S. global in the United States. California has the national average in 1990, and by warming pollution, not all in agree- some of the highest electric rates in working very hard, they are 36 percent ment on precisely the response, but the country, but over the course of the lower than 2007. But it’s been done Alcoa, Caterpillar, Deere and Company, last 30 years, electric energy efficiency without any reduction in our State Dow Chemical Company, Duke Energy, has saved Californians $56 billion while gross domestic product. Eastman Kodak Company, Entergy, producing 11⁄2 million new jobs. Now, Mr. Speaker, these are important points that need to be part of a se- Fox Entertainment Group, IBM, Lock- b 1915 rious discussion. The status quo, busi- heed Martin, Nike, PepsiCo, PNM Re- The University of California at ness as usual, head in the sand, we are sources, the Robertson Foundation, Berkeley projected savings in jobs from not going to worry about it now, we are Rolls Royce North America, Siemens meeting California’s Assembly Bill 32 to going to make it a political football Corporation, Southern Company, Toy- carbon cap-and-trade law. By 2020, they is, I think—there may be a time when ota Motor North America, Xerox. project $76 billion in saved energy costs politics could be played this way. I These are all companies that have real- at current rates and 400,000 new jobs in think the stakes are too high. The ized, in many cases, because they are global in nature, that Europe is mov- California. American public knows that. Mr. Speaker, the opportunities to I hope, sooner, rather than later, my ing, Japan is moving. Even China is move forward to capitalize on energy friends on the other side of the aisle moving on areas of energy efficiency, efficiency is something we want every- will understand that this is a serious and there are opportunities for us to work with them, even as they move to body to look at. We have had experi- problem and it invites a serious re- be the leader in wind, solar and electric ence in this area in the Pacific North- sponse. west. I hope they will reject the advice of cars. So major businesses, 80 percent of We have engaged in one of the most Republican Leader BOEHNER, who has those on the Chamber board of direc- comprehensive efforts with our north- been misusing, for instance, the MIT tors that have taken a position, favor west power planning council, electric study repeatedly, despite having had a Federal regulation. This is the wave of utilities in the Northwest, to try and call to his office’s attention how mis- the future. This is what we as a society deal with least-cost energy planning, leading that figure is. But his advice need to do. looking at the big picture. I am proud has been to Republicans to not be legis- I am encouraged with the progress to say that my hometown of Portland, lators, but to be communicators, to that we have made already here in the Oregon, was the first American city talk instead of act. work under the leadership of the with a comprehensive energy policy en- I sincerely hope that that approach Speaker, of our various committee acted in 1979. will be rejected, because we will be bet- Chairs, and an active group of Members There has been a lot going on in the ter off, not as a, just as a Congress, we in the Democratic Caucus moving for- Pacific Northwest dealing with energy will be better off as a country and as a ward and advancing this debate. efficiency. Between 1980 and 2000, the people if we have broad bipartisan I look forward to having legislation region invested almost $2.5 billion in interaction. They may not agree with on the floor this year that we can deal energy efficiency. It costs money to be each and every point, but at least have with and hopefully enact, working with able to move forward on that energy ef- an honest debate, stop misrepresenting the administration. I look forward to ficiency curve. But during that period facts and give people permission to be the United States when it comes to of time, the region earned that total involved with serious efforts to solve coming together with the global com- investment back once every 18 months. this problem. munity to deal with climate change in Let me repeat that: over the course Because, make no mistake, Mr. Copenhagen in December. of that 20-year period of time, we in- Speaker, this problem demands atten- I look forward to our being there vested $2.4 billion in energy efficiency tion and it will get attention. One of with the United States no longer being and the savings, as a result of that in- the most important decisions of the missing in action, but, instead, assume vestment, were repaid every year and a Obama administration is that they its rightful leadership role as the most half. That’s a 67 percent average an- were going to start following the law powerful Nation in the world, as the nual rate of return on investment. under the Clean Air Act and deal with strongest economy, and, frankly, as This is what we are talking about in carbon pollution. This is clear, we are the largest emitter of greenhouse gases terms of being able to move this for- heading down this path. in history that we accept our responsi- ward. Now, there are some that sug- If Congress doesn’t act, we will be bility, our leadership and move this gest, well, you can’t do this because dealing with carbon regulation through forward. it’s going to pull the plug on State and a combination of administrative action Mr. Speaker, I appreciate the oppor- local economies; they can’t survive and legal action. It’s one way to solve tunity to be here this evening to share

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.108 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5155 some thoughts. I look forward to our could have succeeded in achieving were clear-thinking people in Wash- being able to continue the discussion those goals while we were in office. ington at the time that the wheels on the floor of the House. I hope, I sin- Now, the Republicans, when they were coming off the cart. But the alter- cerely hope that we will be able to en- came in charge, didn’t do what they native is that we surrender so much gage in a thoughtful, deliberate discus- had promised to do in reducing govern- freedom and we give up so much to a sion of alternatives that will reduce ment, and that has led to us being in benevolent government that sort of greenhouse gases, the threat to the the minority now. I think the Repub- pats us on the head and says: We are planet, strengthen our economy and licans get that, and I think we are in a going to take care of all your problems. make a more liveable world for our position now where we are trying to as- And then we wake up, and when the children and grandchildren. sess, where do we go from here? And it government fails—and we’ve seen that f dawned on me that it is probably no time and time and time again lately. surprise that we are drawing up these We wake up and we don’t have those DEFINING MOMENT similarities to the Depression and the tools that should be ours, and instead The SPEAKER pro tempore. Under time for a new deal. We have a Presi- they were squandered and they were the Speaker’s announced policy of Jan- dent in the White House who has been given away at a time of panic and at a uary 6, 2009, the gentleman from Cali- characterized as the next FDR and time of legitimate fear. fornia (Mr. RADANOVICH) is recognized very popular and spending money like So here we are on the floor of the for 60 minutes. FDR, but I think that leaves to Repub- House of Representatives, and we are Mr. RADANOVICH. I appreciate licans the opportunity to define a new in the midst of this conversation as a being joined here with my colleague social contract, and that interests me. country and we have got to look care- from Illinois to talk about somewhat of And I have to go back to times of the fully at where we have been and then a new issue, I think, in the Congress, contract with America; and that was a figure out where we are going. And I but more of a broad overview of the sit- contract, but it wasn’t necessarily a think any honest assessment of where uation here in the United States and social contract. It was a political con- we have been takes a look back and the situation of the Congress where we tract. If the American people gave the says: Okay, United States of America, might be headed as a country and some majority in the House to the Repub- you have been given an inspired Dec- new ideas that might be in order. licans, they would bring 10 bills to the laration of Independence. You have Mr. Speaker, I can’t help but think floor, and that was it. It didn’t really been given a Constitution that is the during this special time of the ref- speak of a social contract in that what envy of the world. You, as a Nation, erences of our current situation to the government would do and then the rest and your predecessors have gone Great Depression in the 1930s and the of society would do as a response to through the Civil War. You have gone FDR administration, how Franklin that. It didn’t really define a new so- through the turmoil of slavery. You Roosevelt dealt with those issues and a cial contract that we need today. have gone through world wars. You contract, a social contract that was So I would like to encourage some have gone through a Depression like we written during those times that was conversation about that or along those were talking about a minute ago. You felt to be necessary in order to deal lines. I am so proud to be joined by my defeated communism. You defeated fas- with the trying times of the day. friend from Illinois, Mr. ROSKAM, and cism, and here you are at this moment And I am not suggesting that the De- also my friend from South Carolina, where great decisions need to be made. pression is anything like what we are Mr. INGLIS, to discuss it. But do so as a Nation with a proud her- facing now. We are lucky to not be Mr. ROSKAM. If the gentleman itage, as a Nation that has understood dealing with 30 percent unemployment, would yield. I thank the gentleman for where it has come from and where it although there are some places in Cali- gathering us today and for his leader- needs to go. fornia that have that. Nationally we ship, and really having a conversation But don’t panic. Don’t underreact. are not there. But there are some simi- that I think is very important, Mr. Don’t act as if there are no problems, larities. Speaker, to talk about where we are, because there are problems. We know And I was reading a book the other because my sense is that we are at a there are great difficulties. We know day by Jonathan Alter, a very inter- very pivotal point in our public life we have a health care system that is esting book, called ‘‘The Defining Mo- right now and when the types of unsustainable. We know that the world ment.’’ And it was that time during the changes and the types of choices that is an increasingly dangerous place. We first 150 days of the FDR administra- are being presented to the public are know that the amount of money that is tion that it dawned on FDR that he choices that we are going to reflect being spent here in Washington begins was writing a new social contract. back in 5, 10, 15, 20, 30, 40 years and say to feel like generational theft. It really Jonathan Alter said it well when he that was the time. is too much. So we are rightly sobered wrote: ‘‘FDR knew he was on the verge I remember my mother grew up in by these things. But as we are contem- of proposing nothing less than a rewrit- Oak Park, Illinois, and she was born in plating solutions, we ought not be ing of the American social contract. In- 1930. She remembers and I remember dismissive of this incredible heritage stead of every man being the captain of her telling me about what it was like that we have been given. his own fate, he envisioned the ship of for her as a little girl turning on the I yield to the gentleman from South state carrying a safety net. He favored radio and hearing the voice of Adolph Carolina. what he called cradle-to-grave cov- Hitler, and just that sort of ominous Mr. INGLIS. I thank the gentleman erage, including national health insur- feel. And now I am kind of projecting for yielding. I think what you just said ance. But he knew that trying to insu- here, but I am imagining that my is very true. The thing I would add to late average Americans from the rav- mother as a little girl sort of knew it is that it is also important that we ages of the market was a long-term that there was something that was not abandon hope in the midst of that process.’’ So, in public, he borrowed a going on, and that time that she was awareness. You just talked about the term from the private sector and spoke involved in was formative. important awareness of the trials that vaguely of social insurance. And I would suggest to you, take the we are in. We need to be very much World War II reference and abandon it aware. b 1930 now, and this time that we are in just We also, I think, need to approach It dawned on me that having been has a feel about it. It has a poignancy them with a hope that—well, it de- here a number of years, having had a to it, and it has a sense that decisions pends on where you come from. From Republican majority for about 12 years, that are going to be made are going to my perspective, it is this: The reason I having thought of reading the signals be made and have long-term implica- have hope is I believe there is a sov- back in 1994 that the American people tions, and I think that one of a couple ereign God who is in control of all wanted a change in their government, of things is going to happen. things and, furthermore, I think he is and less government, the fact that per- My hope and expectation is that we good. So if you put those two things to- haps during that time a new social con- are going to make decisions and we gether, I have every reason to be opti- tract would have been something that will say, thank goodness that there mistic. Now, I do need to be aware of

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.110 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5156 CONGRESSIONAL RECORD — HOUSE May 5, 2009 the risks that we face and, therefore, ment with society as to leave no dis- Mr. ROSKAM. I jotted down what respond to them and anticipate them, tinction between the two. you just said: Relying on the govern- but also with the hope that America It is a reminder today that there is ment, we weaken these other institu- has been through similar kinds of trou- more than one institution in this coun- tions, and that is really to the point. bles before and met incredible chal- try. In fact, if you go back to the Bible, You know, the gentleman from South lenges. in Genesis there were institutions cre- Carolina was talking about sort of an Since I serve on the Science Com- ated there. God said, go forth and mul- orderliness, if I could paraphrase, an mittee and Foreign Affairs, I always tiply; He created the family institu- orderliness. And I know the three of us mention the scientific kind of things. I tion. He said, tend to the garden. He and I know every Republican in the am not a scientist. I just play one occa- created the business institution. And House of Representatives recognizes sionally on the Science Committee, by He said, worship me, which meant love the role of government. There is an ap- the way. But when you think about the God above all things and love your propriate role of government, and the things that the United States has done, neighbor as yourself. And then after- gentleman just gave a glimpse into the we finished the transcontinental rail- wards, Cain killed Abel, and we needed seeds of that, and it goes back ancient road in the midst of the Civil War. We another institution to keep from kill- of times in civilization, and it was to finished the Panama Canal when the ing each other, and that was the gov- create a structure for fairness and fol- French had abandoned that effort after ernment, and so we had four. low-through and an ability to have an losing tens of thousands of people to Even back in the Revolutionary expectation of what the ground rules malaria and other causes of death in time, there wasn’t really a clear idea are. Panama. We were the nation that about what institution did what in society so that we could have the oppor- fought and won World War II, that very b 1945 quickly responded to the arms race, to tunity that we are looking for. Right Sputnik, and all of that. now, I think, with this New Deal social But when government bleeds over In South Carolina, part of our claim contract that I believe that we have in into responsibilities that aren’t really to fame is the Savannah River site was place now, which started in the 1930’s, the government’s, and when people and, as I understand it, still remains Ronald Reagan, the great President give the government that kind of re- the largest construction project in the that he was, the conservative that he sponsibility and ultimately that au- history of the country. All the stain- was, still was not able to distinguish thority, then you see where this ends less steel in the country was going to between all of those, and the growth of up. And it is not a good picture. Aiken, South Carolina, to build the government still happened during that Going back again to Genesis, I am re- canyons that would develop some of time. The Contract with America minded of the story of Isaac and his the elements related to our nuclear ar- wasn’t necessarily anything more than two sons, Esau and Jacob. And as you senal, the bomb plant as we call it in a promise to bring 10 bills to the floor. know, in that Near Eastern culture at South Carolina. Then, in 1961, Presi- It had its purpose. It was good in many that time, the oldest son who was Esau dent Kennedy said we must go to the ways, but it didn’t address what Thom- had the birthright. He had the property Moon, make it our goal to go to the as Paine thought was the confusion out right. Give me a little grace here. It Moon before the end of the decade. And there about what is government doing, was about 90 percent ownership expec- we did it, 1969. what do we call this remaining society tation that the oldest son was going to So the amazing thing to me is that part, and what does it look like, and get the estate, the cattle and the we accomplished all of those things who does what in this country. Does household. And then the number two with technology that now looks very government raise families or does fam- son kind of picks up the scraps. That is old. The Apollo mission was all de- ily raise families? Does government sort of the way it was in that time. signed on the slide rule. Actually, the provide jobs or does government pro- Well, as you know, the account is that shuttles were designed on slide rules. tect people and business is the one and Esau comes in out of the field, and he So when you take what America has should be allowed to provide the jobs is famished. He is crazy hungry. And done with this entrepreneurship, this and the economy? we have all been like that. We know belief in freedom that the gentleman And so when we look today at the what that is like, just being so hungry was just mentioning, and charge that new administration, the change in ma- you can hardly see straight. And his up in the right way so that you mar- jority that we have right now, the brother, Jacob, the number two son, is shal those forces and you go out and growth in the budget, the intention of cooking some sort of stew. And Esau you conquer these problems, that is taking over 17 percent of the business comes in and says, Give me some stew. what we are about. And I think what sector and the health care sector, And Jacob says, Give me your birth- our friend just mentioned is very good bringing it in under government con- right. And Esau agrees to it. And now about the importance of this free en- trol and creating a new bubble that I’m collapsing the story down, but terprise system and the American will happen, and that is replacing fossil Esau gets passed over. He gives up his Dream. fuels with solar and energy production birthright. To me, the American Dream is this: with massive subsidies that will rack I have this sense that we, as Ameri- It is the fulfilling of the God-given de- up the national debt like we have never cans, right now are in a position where sire to create, to contribute, to care, seen, it does make you wonder about we have this birthright that has been and to live at peace with one’s self, whether or not at some point in time given to us not really through work of one’s neighbors, and one’s God. That is the old ATM is going to stop giving out our own, but it is this birthright that the American Dream. And it starts cash. And then what are we going to has been entrusted to us. It is the abil- with an understanding that it is the op- do? Because we have based our society ity to start a company, the ability to portunity to do those things, not the on a complete reliance of government innovate, the ability to really capture guarantee. And that is, I think, what while ignoring the value of the other what it is you want to do; and yet we separates us from the other party is institutions, and while relying more on are being coaxed, as a country, right they are talking all the time about government, we weaken the other in- now by some people who are saying, guarantee. We talk about opportunity. stitutions. That, I think, is what Give up that birthright. Just give it up. The gentleman from California, I frightens me the most. Here. We will give you ‘‘stability.’’ And think, talks about opportunity. Everybody wants the President to in the name of ‘‘stability,’’ many, Mr. RADANOVICH. It is very inter- succeed, but we wonder whether he will many people are sacrificing a funda- esting. Yes, we do talk about oppor- under the policies that he has adopted. mental birthright. It hasn’t happened tunity. But I am reminded about the And our hope is there with him, but entirely. But we are sort of on that opening line to Common Sense, which there is a realistic expectation that if a verge. You get the sense that that is was the book written, that sparked the liberal left policy of dramatically in- what is beginning to happen. American Revolution, by Thomas creasing the size and influence of the One of the reasons that I’m a Repub- Paine. In the very opening sentence he government is going to collapse upon lican is because I think the Republican says: Writers have so confused govern- itself I think at some point in time. Party has this high view ultimately.

VerDate Nov 24 2008 04:12 May 06, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.111 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5157 Many times it is not articulated well. our intellectual property are so offen- only give about $100 billion a year. Many times we bumble along. And we sive to us. We think, no, we had people That makes $400 billion. The balance, are far from perfect. But do you know who worked hard, who studied hard, $800 billion, comes from government what? There is a core there that says, who invested time, energy and capital charity, that is the forced levy of taxes We know what that birthright is. And to create something, and now you have on you and me. Twenty-five cents of it is a system that has been the envy of gone and stolen it and are selling it on our tax dollar goes to government the world that has created more pros- the streets for $5 a copy when it really charity in the form of Medicaid, food perity for more people than the world costs a lot more than that to develop. stamps—rack them up—farm subsidies has ever seen before. And yet we are And some people think that is sort of and everything else. It adds up to being told, Just give it up. Just give it Western imperialism maybe, but I about 25 cents on every dollar. And if up, and you will get stability in ex- think it is pretty clear that what we the Founding Fathers were relying on change. are talking about is effort and reward. the faith institutions to be the origina- And I would submit that is a very, And you have to keep those together tors of virtue through faith, freedom very bad deal. And we ought not make and make opportunity for effort and re- and independence, it is getting less that exchange. ward. than one-third of the charity that is I will yield to the gentleman. I will be happy to yield to the gen- operating in this country today, while Mr. INGLIS. And you mentioned ‘‘or- tleman from California. the lion’s share of it goes to govern- derliness.’’ I think what we are talking Mr. RADANOVICH. I thank the gen- ment which, at best, can sustain people about here in part and what Mr. tleman. at where they are. RADANOVICH has been talking about is You raise an excellent point, and you The story you described about the the rule of law, the importance of speak of the virtue of work. And I’m person who is hungry and the main knowing that you can count on the reminded of virtue. I just have to think motivator of going to work and im- rule of law to allow you to, among about where this virtue that you say proving your life and doing things bet- other things, enjoy the fruits of your comes from, and discussing previously ter, how can they be motivated when labors. When you trade that away and the idea of what other institutions do the charity is coming from a govern- you don’t have that assurance, you and what they provide to us in our so- ment institution that doesn’t really have this system like you’re talking ciety. One of those is the issue of vir- encourage them beyond their own cur- about where there is stability or there tue. Where does that come from? And rent situation and never really edu- is a guarantee rather than an oppor- there is a chapter in the Bible in Sec- cates them on the need to work and tunity. If you don’t have the certainty ond Peter where it addresses the issue why and the benefits of it? So I’m not that you can, because of the rule of of where freedom and independence surprised that there is more of a de- law, have the certainty of knowing you come from. And it really starts with pendency on government, the growth of can enjoy the fruits of your labor, then faith. And so the growing of that virtue government, the overreliance on it, and there is just less labor. It is just the doesn’t start here. It starts in the faith this trend toward Big Government, be- way it is. That is human nature. cause you have to follow the charity institutions. Call it ‘‘church,’’ call it Dick Armey, our former majority money. Frankly there are less of those ‘‘religion,’’ whatever you want to call leader, was the first person I heard say virtues in this country because the it; it starts with faith. And that, as this. He said, ‘‘Communism is that sys- faith institution has been weakened by outlined in Second Peter, produces vir- tem where he who has nothing wants to the growth of government, and they tue which produces freedom and inde- share it with you.’’ And so it really is are not able to—and they are the pendence. And it all goes into the abil- a pretty good definition I think of com- source that brings up this notion of ity that you describe and that is the munism. And of course I’m not accus- freedom and independence, which is desire and the ability to go and reap ing anyone here of advocating com- wanting in this country. munism. But I do think that when you the rewards of your own labor. Anyway, I was intrigue by your break this connection between indus- The point I would make in response thoughts of how people are motivated try, work, labor, and reward, funny to yours is that that faith institution to work and what are the original ori- things start happening. You lose incen- has to be really strong in the country gins of that ethic. And it is severely tive, and you lose the certainty of re- because the Founding Fathers relied on underfunded and being run over today ward. it to be the virtue builder in a free so- by government. The thing that we do believe in, we ciety. They restricted government and Mr. ROSKAM. These choices that we Republicans advocate this thing of or- religion because that had been the are dealing with remind me of a story derliness, or rule of law, very highly. forms of tyranny over the last thou- I heard about a young woman who was We value that very highly because sand years. Benjamin Franklin was a foreign exchange student here. I for- there are some economies around the leaving Independence Hall after they get what country she was from. But she world you can look at where they are signed the Declaration of Independ- came over here as a high school stu- blessed with many resources, but yet ence. Somebody said, What have you dent or a college student and spent 1 they lack the rule of law. And as a re- given us? He said, Liberty, if you can year here like so many foreign ex- sult, there is no certainty that your handle it. And he was really talking change students do. And someone work will be rewarded, and, therefore, about this idea that self-government asked her, So what did you think? there just isn’t as much work. There doesn’t come without virtuous people, Wind it up for us. What did you think isn’t as much industry. If you can’t and virtue originates in a sector that about this year that you spent in own the fruits of your labor, then you has been beaten down quite a bit. I America? And what was the thing that labor less. And for some people, this is think that is one of those institutions made the biggest impression on you? a real problem. There is a deep philo- that has been suffering from Big Gov- And they were thinking, oh, computers sophical divide that, I think the gen- ernment. or the highway system or the cool kids tleman here can agree with me, we face I would love to take just a second to at school or whatever some of those a lot. Some people really have a Uto- illustrate the most artful example and predictable things were. But she said pian view of humankind and think that the best form of describing how we love something that was very, very unusual. we will some day move beyond this one another as ourselves. It is charity. And she said that the biggest impact need to have a linkage between work And if you look at a cross-section of on her was the number of people who and reward. But I think that what we charity in this country, I have identi- approached her and said, So what are realize is that, no, you will never break fied about $1.2 trillion of charity that you going to do? What do you want to that link. You don’t want to break that occurs in the United States every year. study? What do you want to grow up link. It is just the way it is. And so you Americans give about 1.5 to 2 percent and be? want to make clear there is a clear of their gross income to charity on av- And sometimes we lose track of that. linkage, and then people keep working. erage, and that accounts for about $300 I think that is such a common experi- They keep innovating. billion a year that goes to churches ence for Americans, an expectation It is why, for example, we think that and nonprofits and the like. Surpris- that one generation is going to super- economies around the world that steal ingly, corporations and foundations sede the next generation in terms of

VerDate Nov 24 2008 02:10 May 06, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.113 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5158 CONGRESSIONAL RECORD — HOUSE May 5, 2009 achievement. But for this girl, it was result. That is not to say we don’t have inalienable rights. That, I would sub- revolutionary. She came from a culture responsibilities because we do. But this mit, carries through to the thought that didn’t really support that, where view that somehow government is that yes, by my sacrifice today, or my that wasn’t the expectation. And so for going to come in and make problems go putting my kids through college or her to go around and be reaffirmed on away is, I think, profoundly naive. And whatever it is, can create for them a these dreams, that dream of possi- we need to be mindful of surrendering better standard of living than mine, bility, all of a sudden it was like, wow, so much of our national identity and so which I think is something that has I could do a lot of things. much of ourselves to a government driven this country to its economic One of my favorite authors is an au- that hasn’t always deserved our con- success. thor named Paul Johnson. Paul John- fidence. It seems to me it is tied in with that son is a living British historian who Mr. INGLIS. I would add to that, DNA and that political understanding, likes the United States. So it is nice to these were exceptional people that you and that comes, as the gentleman from read his stuff. He really likes America. just listed that believed in some very California was saying earlier, was real- And in one of his books called ‘‘A His- exceptional ideas. ly from a faith understanding. So it tory of the American People,’’ Paul I am a conservative. We are all con- really is connected to a series of very Johnson talks about our Founders and servatives here speaking tonight. And big thoughts in America that gets us to compares them to the advisers of King to some extent, conservatives are peo- the place now of a big challenge, which George III. And so he goes through this ple who sort of want to keep things to- is do we believe that our children will list and he says, basically, you have gether the way they are. And I am also be better off than we are. got this A Team, this unbelievable conservative philosophically as in Unfortunately, a big number of our group of people who founded our coun- wanting to have things like free mar- fellow citizens think not. I think it is try. And you know all the names, Jef- kets and things like that. But it is also worth asking, why is that and what can ferson, Washington, Hamilton, Monroe true that at times conservatives are we do to convince them that no, really, and Madison and a whole cast of great people who want bold change, bold America’s best days are still ahead if leaders. And he says that they were strokes, not just keep it the way it is, we just stick to these principles, we re- such special people, but they were ulti- we really want to change things. turn to our principles. mately eclipsing themselves because So those folks you were just men- Mr. RADANOVICH. I am intrigued by the combination of them was so great. tioning were very bold in believing the gentleman from Illinois’s thoughts And he said there was a second and a some pretty audacious things. Like we about this person who was so amazed third tier of leadership underneath hold these truths to be self-evident. In that someone asked her what she want- them that in any other generation other words, they are not going to ed to do with her life. would have been tier one people, but make any further explanation of it. We Speaking about the authors of the they just had the dumb luck to be on hold these truths to be self-evident Constitution and the Declaration of the scene with this incredible group of that all men are created equal, that Independence, how important it is to talent. And Johnson writes and com- they are endowed by their Creator with be able to decide your own fate and be pares that to the advisers of King certain inalienable rights. Among able to choose. And I believe, I think George III, the King of England during these are the right to life, liberty, and the progress of civilization, it moves the Revolution. And I’m overcharacter- the pursuit of happiness. from tyranny to self-government. I izing this, but it is as if we weren’t That was a bodacious thing to say in think we are on that march. There are playing fair. That is how good our 1776. You could say the conservative a lot of bumps along the way and a lot Founders were compared to the leader- personality thing was to continue to of misconceptions about how order and ship on the other side. believe in the divine right of kings. But society ought to be, but I think the And Johnson makes this point: he here were these upstarts in the colo- beauty of the Declaration of Independ- said all kinds of factors go into his- nies who said no, listen, we have stud- ence was that government was reined tory, into how history turns out and ied the laws of nature and of nature’s in and religion was put in its place, and how things happen. There are econo- God, as Mr. Jefferson said in that docu- after that you had the freedom to be mies. There is weather. There are wars. ment, and we come to a different con- able to—by and large, there were still a There are a whole host of things. But clusion. And then he stated the conclu- lot of problems in the United States ultimately the single most important sion that we hold these truths to be even in its beginning, but it was the be- thing in the determination of history is self-evident. I think it is very exciting ginning of that. the people who are in charge at the just to see how bold they were. In the 1830s, a gentleman by the time—and now this is the PETER Now fast forward to where we are name of Abraham Kuyper, he was a ROSKAM footnote—and the choices they today, and we have a big challenge. Our Calvinist Prime Minister in the Neth- make. challenge today is that our pollsters erlands, he originated a concept. And tell us that for the first time in awhile, again, this was while European coun- b 2000 maybe in our lifetimes, people don’t tries were still figuring out their social And so here we are, we are at this believe that their children will be bet- contract and who was responsible for time, almost a tumultuous time in our ter off than they have been. I think what, but he came up with this notion public life where there is a great deal that is worth examining and figuring called coram deo, a Latin term, but it of fear out there. There is a great deal out why that is. meant living life in the face of God. of anxiety and restlessness. People When we started this wonderful ad- It reminded me of what you said have been so disappointed for the last venture here in the United States in about this young child having her couple of months about solutions that 1776 with those incredible words of choice. And it was quite a bold state- they have seen and expectations that change and things being self-evident, ment for the time, but the statement Washington and big institutions were we carried that on. That was sort of was that government had no authority going to come through for them. And our heritage. As Tom Friedman writes, to be able to limit your freedoms in ultimately, many of those institutions America is young enough and brash life, and neither did the church or any have failed. enough to believe that every problem other form of authority, that that con- One of the reasons that I am here and has a solution. nection between the individual and God one of the reasons that I am part of the Much of the world has long ago left was the supreme connection. party that is the Republican Party is that nation, but they need us, the And when Thomas Jefferson wrote in because there is that real bedrock of Americans, to believe that every prob- the Declaration of Independence that knowledge that, notwithstanding all of lem has a solution. And I would submit we have the inalienable right to life, the challenges, there is this high view that it comes from the DNA we devel- liberty, and the pursuit of happiness, of the individual and a confidence that oped in 1776 when we said that all men what a huge step in moving from tyr- given a fair set of laws, given a fair are created equal. Hello, that is not anny to self-government. This idea of shake, given a fair opportunity, there what the rest of the world thought. Kuyper and living life in the face of is going to be, on balance, a very good And we are endowed by these certain God came afterwards in the 1830s. This

VerDate Nov 24 2008 02:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.114 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5159 is when Darwin came out with ‘‘The such a way to basically coax people me, and it’s a reward that is borne of Origin of Species’’ and Karl Marx and into surrendering things which I think my innovation and my entrepreneur- fascism and some of these others they will do so with great regret. ship and my willingness to put myself things were being mulled about. I I think the invitation is come along and my capital at risk.’’ think he set a new landmark about on this more excellent way. Come I will yield to the gentleman. what are our freedoms. And to me, it along on a way that says we acknowl- Mr. INGLIS. I thank the gentleman further illuminates what a social con- edge the difficulties of where we are. for yielding. We have been describing tract might be, but that that indi- And we are rightly sobered by the chal- here, I think, as the gentleman from vidual had those freedoms. lenges our country faces today. None of California really started us off with the I can’t help but think in addition to us here on this floor are pumping sun- idea of what we really deeply believe that what the mandates were in the shine, acting as if everything is great, with our faith really gives us a concept Garden and the ability to create a fam- because it is not great. We are really of respect for individual rights and the ily, to go to work and worship God and sobered by the challenges we face. need to protect those rights. And then love each other as ourselves, and have But notwithstanding those chal- we have talked some about the dignity a government that protects you, and lenges, we don’t panic and we don’t of work and protecting and affirming the freedom to be able to live life in surrender freedoms that are our birth- that dignity through the rule of law. the face of God through those institu- right. In the exchange, we end up with The gentleman from Illinois was just tions that were built up. Not everybody some sort of stability that I think is mentioning that. has those freedoms. Not everybody has going to be completely unsatisfying in That leads us to policies. And these a loving father and mother. Not every- the long run. all flow from that deep well of what we body has learned the ability to work or Getting back, I think the gentleman really deeply believe and then it comes has the ability to go do that. Not ev- from South Carolina and the observa- up to the surface level of instant policy erybody has the freedom to worship tions he made about sort of the pre- or the policies of today—the policy God and love their neighbor as they dictability of contract and the work questions of today. wish. ethic, not long ago I was traveling in The one that I think we need to an- I am kind of intrigued about what a another country that doesn’t have a swer is: Is it possible for our children new social contract would look like if good solid rule of law. And the officials to live a better life economically than we are back to the social contract of that we met with were talking about we have? I think the answer is yes, as cradle to grave by government, govern- the issue that they characterized long as we do what we know works, and ment is getting too big, it is likely to known as impunity, meaning you could that is to have a system of taxation come to an end of itself one way or the commit crimes with impunity. You can that is not confiscatory, that allows other. And if that is the case, what do do it and get away with it. you to keep the rewards of your work. Republicans present? And do you One of the countries that is in this So you want to keep taxes relatively present it in a way that people logi- hemisphere has a murder conviction low. You want to keep regulation rel- cally say by golly, I want to go with rate of 3 percent. Think about that, 3 atively light and effective, not burden- that. percent of the murders that occur in some, not a gotcha, but rather cal- Mr. ROSKAM. I think that is the that country end up in a conviction. culated to produce results that are rea- great invitation. That is the conversa- What does that mean? If you can sonable, and light touch. tion that we are having with the Amer- commit murder with impunity, what Then, you have got to reduce litiga- ican public. That is what is such a dy- does that mean for somebody trying to tion somehow so that there is some namic part of where we are today. start a business? What does that mean certainty that you will not lose what There was a great theologian in one to try and enforce a contract, or stand you have done by becoming somehow of the early church fathers, Saint Am- up for your rights as an entrepreneur the guarantor of someone else’s out- brose, who said we don’t impose on the and get things going? And I would sub- come. You can’t ask somebody else to world; we propose a more excellent mit to you it is almost impossible. And guarantee their outcome. If you do way. many of these problems that we see that, that is the way you end up with I think that is, in part, at the essence around the world, not all of them, but too much litigation, and the result is of what we are about right now be- many of them are exacerbated by this that people move productive capacity cause, you know, we have all seen, ev- idea of impunity, the ability to just do away from a developed nation to an un- erybody knows what a government whatever you want. developed nation. that is too big and too unwieldily looks So here we are. We are having a con- They decide, ‘‘Well, we will go take like. That story doesn’t end well. versation as a country right now about our risk with a less established rule of I think about the cartoon ‘‘The Jun- what do contracts mean? What does it law, because in the developed country gle Book’’ with the Walt Disney car- mean when you sign a piece of paper? which had this rule of law, you now toon and it has the snake, Kaa. The We have seen coming out of the White have such high taxation, regulation, snake, Kaa, is very charming and gets House some very aggressive moves try- litigation, it’s too much risk for us. We young Mowgli in his eyes, and basically ing to rewrite contracts. Again, I are not going to get the reward.’’ Mowgli becomes transfixed. And Kaa is would submit, over an extended period So, for us, really what it is, is a mat- able to manipulate him. Kaa says of time, that is a scene that doesn’t ter—to answer that question, whether ‘‘trust in me’’ and he comes up with a end well either. In the short term, that our children’s future can be brighter song, and I will spare you in my sing- can be very satisfying if you are on the than ours, the answer is yes, if the top ing of that song. Ultimately this young right side of that deal. But at some level here on what bubbles up to pol- Mowgli is completely bewildered. And point in the future, you may not be on icy—if we keep taxes relatively low, where does he end up? He ends up in the right side of that deal. keep regulation relatively light, and the coils of Kaa, the boa snake. Ultimately, what does it do? It cre- we keep litigation down, the result will I think there is a little bit of wow, ates a disincentive for people to put be people will want to do business here that sounds really great. That program themselves at risk. It creates a dis- and there will be opportunities for our sounds good and that sounds like some- incentive for people to be creative. children and our grandchildren. thing that is great and stable, but my What we need at this time in our his- I’d be happy to yield to the gen- fear is and my hesitancy is that to sur- tory, with all of the challenges that we tleman from California. render what the American public is have, a whole host of things, the econ- Mr. RADANOVICH. Thank you. I being asked to surrender by, with all omy and everything, we need our best thank the gentleman from South Caro- due respect the Democratic leadership and brightest leaning into this thing. lina. I know the gentleman holds in in this Congress, is, I think, regret- such high esteem the words of the table. The amount of money. And it is b 2015 Founding Fathers in the Declaration of being done gently. It is being done very We need people saying, ‘‘You know Independence, and what a wonderful smoothly. It is being done cleverly, if I what? I’m here. I want to participate. contribution to the world that was, but might say so; but it is being done in And I know if I do, there is a reward for I can’t help but think what Thomas

VerDate Nov 24 2008 02:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.116 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5160 CONGRESSIONAL RECORD — HOUSE May 5, 2009 Jefferson might have worded dif- taking care of yourself, and benefiting for the sake of regulating—and there’s ferently had he gone through the six- from it, as well as families and the vir- a big difference there. If we’re regu- ties—had he been a flower child in the tue-building power of faith. lating for the right things, that means sixties or had he lived through the I think that is what we stand to lose. someone can come in and say, ‘‘Look, Great Depression; the collapse of busi- I sure don’t want that to happen. we’re doing this,’’ and the regulator ness the way it did. Mr. ROSKAM. I think one of the says, ‘‘Don’t do that anymore.’’ Or, al- I think what I admire the most about things that we find ourselves in this ternatively, ‘‘Yeah, you’re doing the what they did was the reining in of quandary as Americans is sort of a right thing. Proceed. Off with you. And government and religion and putting gotcha mentality, right? The gen- be lively.’’ them in their proper place. There was tleman from South Carolina referenced I think there is an attitude that has the assumption that, as Thomas Paine that a minute ago. I think of my to develop in the United States. And I said, the rest of society would be fami- fourth-grade teacher. My fourth-grade think Republicans that I have lies and business and they would oper- teacher’s name was Lillian Anderson. interacted with in the House of Rep- ate according to the norms. She was a dear woman. I had her her resentatives get it. They get the idea I’m not one of those people that say last year, which you can interpret as I that government is not supposed to we have got to get back to the prin- drove her to retirement, I suppose. come along with a heavy hand, to go ciples of the Declaration of Independ- Ms. Anderson was one of those teach- back to the gentleman from South ence, we have got to get back to our ers, though, when you would go and do Carolina’s language, with a heavy hand founding principles, because I think work, she would come back and make and come in and just pound and pound this is more about looking forward the corrections. And it was sort of a and pound and just take the life right with new illumination built on that. gentle way. I mean, she would look at out of some entrepreneur or somebody But what I find interesting is that, the report and, ‘‘Oh, Peter, you didn’t who’s self-employed or starting some- had Thomas Jefferson gone through indent this.’’ We’ve all gotten those thing up. the Great Depression or was a hippie in marked-up papers from teachers. But instead, it’s supposed to come in the sixties, or at least was around when So you think about American busi- with a light touch. And if there is a le- that was happening, would he have re- nesses today who are looking at a regu- gitimate area where there’s wrong- worded life, liberty, and the pursuit of lation. They have an assignment. They doing, then we all agree there needs to happiness a little different. I wonder. have a law that is passed by Congress, be a reconciliation to that. Would he have made a statement and then some Federal agency has So none of us are saying, ‘‘Don’t pun- about the need for every child to have come up with a rule interpreting that ish the wrongdoer,’’ but there is an at- a mom and a dad, or, you know, the law. As we know—we have all dealt titude, there is a way to get to that need for business to not be taken up by with constituents—some of the laws point that honors business people and wrong principles and end up in col- are clear as mud, and some of the rules honors and recognizes that people that lapse, and what would have been his are even worse. are starting companies in all of our dis- advice on how to deal with the Great So you’re a small business owner, tricts. They are the ones that are put- Depression? you’re a big business owner, whoever, ting capital at risk, they are the ones The bottom line is: Would he have and you’re not sure what the rule that are working. They don’t have lob- worded those opening lines of the Dec- means, and you’re doing your best. You byists that are coming here to Wash- laration of Independence any different? are legitimately doing your best. And ington, D.C. They are not represented And I don’t have the answer, but it you realize, ‘‘You know what? We’ve here, except by us. would have been interesting to have a messed this up. It wasn’t through mal- I think that as we are moving for- conversation with him today, where he ice, it wasn’t through manipulation, it ward, we ought not fall into sort of this has the knowledge of what occurred wasn’t through cheating or deception. harsh language—harsh antibusiness after that. It’s an honest mistake.’’ language—that we see coming out of Not that I would ever suggest that it Well, other countries have figured the leadership on the other side of the needs to be rewritten, but it does speak this out. Other countries have created aisle that actually has a very low view to me of perhaps some new inalienable a regulatory environment that is not a and paints everybody with a bad brush. rights that have been illuminated since gotcha environment. Other countries Are there some bad actors? There then because of the history of the have figured out you can go to a regu- sure are. Are there people that need to United States and what has happened lator and say, ‘‘Look, this is what be punished? There sure are. But let’s over time and what we have experi- we’re doing. This is how we’re inter- not drag business through the mud enced and what our world has become preting this rule. Are we doing the with an expectation that an entre- and the results of new knowledge, new right thing?’’ And in these other coun- preneur or somebody who wants to science. So, I wonder. tries they will look at it and say, ‘‘No, work hard isn’t well motivated. I think I think it’s kind of interesting be- you’re not doing the right thing. Here’s that that sort of degrading of business cause we have the opportunity, I think, the right thing to do. Don’t do this is a point that we need to be very, very in the form of a new social contract, to anymore. And if you do this in the fu- mindful of. plow new ground and to be bold to de- ture, you will be punished, but we ac- I know our witching hour is ap- velop a contract that really does speak knowledge that it wasn’t intentional proaching. to and contribute to this rise of out of and you’re not trying to deceive or de- Mr. INGLIS. Madam Speaker, may tyranny to self-government. We’re not fraud anybody.’’ we inquire of the time? there with self-government yet. Can you do that the United States of The SPEAKER pro tempore (Mrs. I think the gentleman from Illinois America under this current environ- DAHLKEMPER). The gentleman has 1 references things that are at risk. I ment in our country? No. If you’re minute remaining. really do believe it’s the leadership we doing something on balance and you Mr. INGLIS. I would be happy to provided in the world since the founda- have an ambiguity about it, 9 chances yield to the gentleman from California, tion of the country and the Declaration out of 10, you’re crazy if you go to a who started us off on a high note. We of Independence and the statement of regulator and say, ‘‘You know what? went from high notes to policy, and rights that we are going to lose if we This is what we’re doing. What do you now we’re back to a high note, maybe, are overly reliant on a large Federal think?’’ They will come back to you for conclusion. Government that has increased dra- and say, ‘‘You have the right to remain Mr. RADANOVICH. I appreciate the matically in these last few months at silent.’’ And we know the Miranda time from the gentleman from South the expense of these other institutions, rights. It makes no sense. Carolina. I think I would just leave including business, that is more en- So what we have got to do, I think, in with the note that the social contract cumbered daily and provides less incen- this country in order to create pros- that we are operating with right now is tive to go out and do the things that perity and in order to create an envi- cradle to grave. It started during the we have talked about—going out and ronment where we are regulating for Depression. We’re back at it with full prospering and earning an income and the right things instead of regulating force now.

VerDate Nov 24 2008 02:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.117 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5161 If we were to create a new social con- our colleagues, all 435 in the House, so men were training to be rushed into tract, what would it look like, in oppo- that they can inform their constitu- the battle of the great war, World War sition to something like that? If we ents. And each one, as you know, I, and in very close contact. But of were to hold up to the American public Madam Speaker, represents almost course back then there were no vac- a different social contract, try to imag- 700,000 people in their respective dis- cinations against any kind of flu, sea- ine—and I’d even implore the public to tricts. And we are all getting calls. I sonal flu, avian flu, this current type, do this, too—what would the alter- mean, people are scared. H1N1 influenza virus, no vaccine, and native look like? I think it’s something I would say that some fear is war- more importantly, Madam Speaker, no to think about. Because we are obvi- ranted, but a pandemic of panic is not antibiotics. It was not until 1941, I ously unsustainable for the rest. warranted. And so the more informa- think, or thereabouts, that penicillin I just want to send my prayers to a tion that we, as Members of Congress, was discovered. colleague here who is away on a family can give to our constituents and that So you really had no effective way of matter and couldn’t join us tonight. our staff can give when they call the treating complications, and of course f office, either here in Washington or in the complications that would lead to our district offices, then we get to keep death. And let’s say even the 35,000 H1N1 INFLUENZA this thing in its proper perspective. deaths that occur today following just The SPEAKER pro tempore. Under And that is my purpose tonight, and regular seasonal flu, complications the Speaker’s announced policy of Jan- that is the purpose of my colleagues from seasonal flu, they are respiratory; uary 6, 2009, the gentleman from Geor- that will be joining me later in the it’s pneumonia, it’s sepsis. And back in gia (Mr. GINGREY) is recognized for 60 hour to talk about this issue and to 1918 I don’t think there were any res- minutes. make sure that people have enough in- pirators that I’m aware of. I don’t Mr. GINGREY of Georgia. Madam formation that they can take care of think that’s true. My colleague from Speaker, thank you for the oppor- themselves and their children, or Georgia, Dr. PAUL BROUN, a family tunity to address my colleagues for the maybe their elderly parents, or pos- practitioner, has joined me. And when best part of the next hour. sibly someone in the family whose im- I yield time to him, we can talk about What we are going to do, Madam mune system is compromised so that that in a colloquy about what was Speaker, is talk about this current they know what to do, they know what available. virus that is going around that we are the risks are, they know what their But I think we could compare the now referring to as type A H1N1 influ- current situation, this 2009 concern enza. I think most people would under- government is doing. And, Madam Speaker, I want to com- over this influenza, to 1976, when a very stand better if we said swine flu. Now I mend and compliment the Federal Gov- similar virus struck—again, originated understand why we are trying to get ernment and our respective State in a military facility; I think it was away from calling it swine flu, and ob- health departments, the Centers for Fort Dix. There was, I think, at least viously in States across the country Disease Control in my great State of one death, and five soldiers came down where the pork industry is hugely im- Georgia, which, as you know, is an in- with this type A influenza, H1N1, very portant to the economy, they don’t tegral part of the Department of similar—I said I wasn’t going to say want this fear—unwarranted fear, really—of consuming pork products that Health and Human Services and is real- swine flu, but very similar to what we are completely safe. Obviously, you ly the lead agency, if you will, in re- are looking at today. Back then, a vaccine was developed have known from almost childhood gard to infectious disease, commu- very specifically, and we started a big that pork should be well cooked to a nicable disease, epidemiology. And In- vaccine program. I think 50 million temperature of 160 degrees and it’s per- terim Director Dr. Besser and pre- people in 1976 during the Ford adminis- fectly safe. viously the Director of CDC, Dr. Julie Gerberding, these are the kinds of peo- tration were vaccinated against this b 2030 ple, both with experience in infectious virus. In retrospect, it may have not But that is the reason why I am disease—in fact, Dr. Gerberding, inter- been necessary. And finally that pro- going to stand here tonight and prob- nal medicine specialist, subspecialty gram of vaccinating everybody was ably not use the term ‘‘swine flu’’ very being infectious disease. It is com- canceled because of complications. We much, because I don’t want to create forting to know that these kinds of had more complications really from an unnecessary fear of a very, very safe professionals are standing guard, they the vaccine than we did from the flu. product that could be harmful to are watching our back. And I say that not to suggest today States across this country and to other We had a hearing last week when, that we shouldn’t prepare ourselves— countries as well. We are in a tough both Republicans and Democrats, the and again, I compliment the respective time economically on a global scale, new Secretary, the day after she was Secretaries in the CDC and the States and we don’t want to make those mat- confirmed, Kathleen Sebelius, former that are ready. And they are ready, and ters worse by creating a false sense of Governor of Kansas and now Secretary people should be very comforted by concern. of Health and Human Services, former that. But we need to question how I will be joined, Madam Speaker, this Governor of Arizona, Janet Napolitano, much money we spend. Is it appro- evening by a colleague or two—or three now Secretary of Department of Home- priate to, let’s say, spend $2 billion in or four maybe—who are part of the land Security, and Admiral Schuchat the upcoming emergency supplemental GOP Doctors Caucus. We formed this from the CDC, all spoke to us and told that is primarily for the ongoing cost caucus at the beginning of this Con- Members of Congress exactly what the of trying to win in Iraq and Afghani- gress, the 111th, as we grew our num- plan was and what was being done and stan, a very important spending that is bers of health care providers in their what is currently being done in regard probably going to end up being $90-plus previous life who now have morphed to this impending pandemic. We are billion in this emergency supple- into Members of this great body of the pleased, a week later, to find out that mental? But whether or not we need to House of Representatives. We have that things are much better today on, what spend $2 billion specifically in this really on both sides of the aisle, but is it, the 5th of May, than they were a emergency supplemental on developing this is a Republican hour, Madam week ago or 2 weeks ago. And it looks a vaccine and vaccinating 50 million Speaker, and I will be joined by other like we are not, Madam Speaker, going people like we did back in 1976, there is Republicans. I would welcome, if any of to have a pandemic of this potentially some question in my mind, as a physi- my Democratic friends, health care very virulent virus that has occurred cian who practiced for 30 years, al- providers, are sitting in their offices in our past history. though not infectious disease, but I do watching us on television on C–SPAN, We will talk a little bit maybe about have some concerns that we don’t over- if they want to come over and join us what happened in 1918, when 50 million react and that we make sure that we and weigh in on this, I would be glad to people across the world died from influ- have a measured response. yield them time. enza. Of course that was a different The President has an obligation to do There is no partisanship involved time. It probably started in the United that. And I can understand that he here. The purpose is to try to inform States in very confined quarters as doesn’t want to take this too lightly.

VerDate Nov 24 2008 02:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.118 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5162 CONGRESSIONAL RECORD — HOUSE May 5, 2009 I’m sure he remembers Katrina just as side effects was a very serious condi- time, I just really questioned the wis- we all do. I will use the expression, he tion, Madam Speaker, called Guillain- dom of exposing people to the vaccine. doesn’t want to get ‘‘Katrina’ed’’ over Barre syndrome. I don’t know who So I was not recommending it to my this issue by not responding appro- Guillain was and I don’t know who own patients. I did not get the vaccine priately. And I do understand, and I Barre was, but maybe Dr. BROUN will myself. And actually, in my practice, think we all understand what I’m talk- tell us about that. But it was named which was a very busy general practice ing about when I say that. But we will after some very—not American physi- in rural southwest Georgia, I did not spend the best part of an hour talking cians. But this Guillain-Barre syn- have one single patient come down about this issue. drome is a paralysis that occurs, and it with swine flu, not the first one. But I I have got just a very few posters literally causes paralysis from the had several patients get Guillain-Barre that I want to share with my col- neck down. And these people couldn’t syndrome from the vaccine. One was a leagues, Madam Speaker, before yield- survive back in 1918, certainly, but good friend of mine who was a news- ing to Dr. BROUN, the great physician even today without the aid of a res- paper publisher in the community, and Member from Athens, Georgia. pirator. he struggled and his family struggled This first slide is referencing that The good news is this condition usu- with his paralysis. But people died. outbreak that occurred back in 1976. ally goes away and they recover full A lot of folks don’t consider that And again, it was very similar. The function, but it can take as long as a these vaccines aren’t innocuous. There serotype, the specificity of the virus year. And some of these patients spend are side effects and can be tragic side then was very similar to this 2009 out- most of that year in a hospital, away effects and can lead to death. More peo- break. Five soldiers at Fort Dix, New from their families, away from their ple died from the vaccine than died Jersey, I believe—contracted H1N1 in- jobs, and many months on a respirator from the swine flu back then. fluenza and one soldier died. Tests on so they can even breathe. Just Monday I was chairing a facility many more—of course I’m sure every- So this was a very, very serious com- at the vet school at the University of body at the base was tested for this plication, Madam Speaker, from these Georgia, in Athens, Georgia, and went virus, and it confirmed that 500 actu- vaccinations that were developed back into a biocontainment lab, a level 3 ally were infected, but most of them in 1976 to treat this very similar virus biocontainment lab. There’s a re- really showed no noticeable symptoms. that we are facing today. searcher there who’s doing probably I mean, they may have had a sore the cutting-edge technology research b 2045 throat, they may have had what we on this infection that we have out in call rhinorrhea—technical name for So what happened is pretty quickly the public today. He came from the runny nose, sneezing and body aches the vaccination program was sus- CDC before he came to the University and things like that—but they really pended. And then you have to say, well, of Georgia, and he deals with these vi- showed no severe symptoms. And over was that $135 million well spent? I ruses. They have some pretty potent the following months, no other Ameri- think maybe in retrospect, but you viruses in their laboratory there. And cans died from that virus. The loss of have to be careful about saying, well, he told me that a week ago he was tell- one life, of course, is one life too many, you know, don’t do this or don’t do ing the CDC and the people in the Fed- especially for the family of that indi- that, that it looks like this is not eral Government, anybody who would vidual, but clearly things kind of re- going to be a very serious flu, that it’s listen, NIH, et cetera, that this virus solved themselves in pretty quick fash- not going to be even, Madam Speaker, did not have the characteristics of ion. And as I say, no other Americans as serious as seasonal flu, and there’s being what we call in medicine a very died from the virus. just going to be a few people sick in a virulent virus. In other words, it was But the inoculation that we did de- few States and maybe other countries not one that was going to create a lot velop—and I think I may have this in- as well, but it’s not going to be a pan- of infections and severe infections in cluded on the slide, Madam Speaker— demic. And maybe if we have the this country. but we spent $135 million developing a money available to produce a vaccine I asked him, why do we see in Mexico vaccine. That was back in 1976, 1977, in mass quantities, the decision very people dying at a greater rate than we what, almost 40 years ago. And we have well could be not to do that, and then do here? And he said, well, we really just appropriated or are on the verge of we will be able to return some of that don’t have the data of how many peo- appropriating $2 billion to our response money, maybe most of that money, to ple are infected down there. But from to this flu. And it may be that a lot of the taxpayer. Maybe we’ll be able to what he could ascertain, and he was that expense will be developing a vac- spend it on something that’s equally as part of the group who was studying the cine. And it is possible, if we do that, important or maybe even more impor- virus in Mexico, and he said that down develop a vaccine in mass quantities, tant. But that’s a subject for debate, there the people who are getting the that we will never use it. Because re- and I realize that you have to be very virus, this current infection, and who member in this experience, where the careful about saying that we don’t need were having severe difficulties and complications from the vaccine—and I to do anything because clearly we do, were dying principally were people that want to talk about that just briefly— and I think we are doing a lot. had other what we in medicine call co- might end up being worse than the dis- At this point I want to yield to my morbid conditions. In other words, ease itself. colleague from Georgia, who represents they had respiratory problems. They So as I say, in 1976, this $135 million— Athens and my home of Augusta, Geor- had other illnesses that created a prob- and that was a lot of money back gia, and he does it very well, and that’s lem where they would develop sec- then—developing this vaccine and my colleague and fellow physician, Dr. ondary infections and die. inoculating 50 million people, the vac- PAUL BROUN. Mr. GINGREY of Georgia. If I could cinations began on October 1, 1976, and Mr. BROUN of Georgia. Thank you, reclaim my time for just a second and by December 16—so we’re talking, Dr. GINGREY, for yielding. yield right back to him, he brought up what, 21⁄2 months later—the Federal As you were discussing the past flu a very important point, Madam Speak- Government decided we needed to sus- epidemics and the 1976 swine flu that er. pend this program because there were happened back then, I was practicing There have been two deaths in the increasing reports, Madam Speaker, of medicine in rural southwest Georgia. United States thus far attributed to side effects. And I am not talking At the time, of course, the rec- the current version of this same virus, about just a little swelling or rash or ommendations were for everybody in H1N1 influenza type A. One was a 2- itch at the injection, the vaccination this country to get a swine flu vaccine. year-old toddler, a Mexican national, site. I’m talking about some serious As a practitioner, I was concerned who came to Texas for a visit and was things. In fact, I want to talk about about that, and I was asked by many of actually sick before, and I think this one thing in particular. my own patients should they get this was a little boy, before they came into But there were some deaths attrib- flu vaccine. And, frankly, I was not Texas, and subsequently the child died uted to the vaccine; 50 million people recommending it because, as I looked in Houston in the hospital. And what received the vaccine. And one of the at the data that were available at that you get from the news releases, from

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Most people, as it Now, a lot of patients will come in woman, I believe, also in Texas that was in 1976, who have contracted the the office and say, I’ve got the flu, I lived in a border town very close to the flu go about their business. And that is want antibiotics, or they’ll call on the Mexican-Texas border. And also it says a danger in that people, if they start phone and say, Dr. BROUN, I’m running this woman that died had multiple running a fever, they need to stay a fever, I need an antibiotic. Well, most health problems. home, whether it’s with this flu episode fevers aren’t susceptible to antibiotics Now, Dr. BROUN and I are physicians. or any flu episode. They need to take because most fevers are due to viral ill- When you start talking about multiple care of themselves. If they run a fever nesses. Even allergies can cause fevers. health problems, are you speaking of more than a day or two, as a primary Fever in itself doesn’t indicate that a metastatic cancer, as an example? care physician, I would tell them they patient needs an antibiotic. Maybe somebody who had breast can- need to see their physician. Now, they Mr. GINGREY of Georgia. What cer that had spread to other parts of don’t need to take antibiotics. you’re saying, Dr. BROUN, is that anti- her body? Possibly. Are you talking Mr. GINGREY of Georgia. Let me re- biotics are not really effective in treat- about somebody that has coronary ar- claim my time to make a request, ing a viral illness. tery disease and has had three or four Madam Speaker, of Dr. BROUN, because And I want to ask another question heart attacks and a bypass procedure I think that our colleagues and their of the doctor, Madam Speaker. done who is in congestive heart failure? constituents really need as much infor- Does everybody that goes to see their Are you talking about somebody who mation as they can possibly get. family doctor, primary care physician, has severe type 2 diabetes who is on in- The media creates a near hysteria infectious disease specialist maybe, sulin, who is on dialysis because of situation, and then when, of course, the does every one of them, if they have renal failure? fires are going out and there’s no symptoms, runny nose, aching a little I mean, I think the media has a re- longer a crisis, then they are on to the bit, maybe a low-grade fever, headache, sponsibility here that they are not ful- next story. I can tell you that I was whatever, do they all need to be cul- filling because they don’t give you the scheduled on several national opportu- tured for this particular H1N1 type A whole story, and I think it’s very im- nities to talk about this issue when it influenza virus? Do they all need to portant that we get that so we under- was the news du jour. Then all of a sud- have a culture done? Respond to that, stand what the true risk is and how se- den when things get better, they just if you would, Dr. BROUN. vere the flu is. say we don’t need you anymore because Mr. BROUN of Georgia. No, I would And I yield back to my colleague, but we’re on to another story and there’s a say that they don’t need a culture un- I wanted to make sure people under- runaway teenager somewhere or some less they’re at high risk. In other stand these two deaths, these were sick other more exciting story. words, if they had been in Mexico, par- people: one, a very young child; an- But I think, Madam Speaker, it ticularly Mexico City, which is appar- other, a past middle-age adult woman would be great if Dr. BROUN and any- ently where the nidus of this infection who had health problems. ‘‘Comor- body that joins us later in the hour began—we don’t really know for sure, bidity’’ is the term that my colleague could tell us exactly what you would but if people have been in Mexico City, used. do as a physician, as a health care pro- if it’s within the incubation period, Mr. BROUN of Georgia. I appreciate vider, when someone comes to your of- which is about a week, and start run- the gentleman’s bringing that up. fice and they either have some symp- ning a fever, then maybe it is a good You’re exactly right. Any death is toms, they think they might have the idea for them to have the culture done tragic and we in medicine try to pre- flu, or maybe they just come because or the flu test done to see if this is in- vent all deaths. When I graduated from they have heard that they ought to be deed the swine flu. the medical college in Georgia just like taking Tamiflu or Relenza. They’re not b 2100 you did, I think you were a year ahead sick yet, but they think, well, maybe if of me there in Augusta or maybe two, I get on some medication ahead of time But the thing is, the treatment that but I took the Hippocratic oath. They that I can somehow prevent this and I they are going to get, even if they have don’t do that in medical school because owe it to my children to get a prescrip- the H1N1 flu is not any different than if the Hippocratic oath says, ‘‘I shall do tion from Dr. BROUN. they have any other of the viruses. The no harm,’’ and it says ‘‘I shall not per- Would you talk about that for us? big question is, do they need anti- form an abortion,’’ and Roe v. Wade I think, Madam Speaker, if we can biotics or not? Do they need the has changed that; so medical schools have Dr. BROUN do that, it would be antiviral, the Tamiflu-Relenza types of are not taking the Hippocratic oath very helpful for people to understand medications, or are they better off with anymore because there are doctors what they should do. penicillin or some of these other high- that are doing harm. They’re killing Mr. BROUN of Georgia. Certainly I powered drugs that are on the market babies through abortion. I am very pro- would be happy to discuss how I ap- today? life, and I know that life begins at fer- proach patients. In fact, I’ve had pa- And a CBC, a complete blood count, tilization, and I want to protect all tients come in and say, Dr. BROUN, I will help the doctor to understand life. And it’s tragic whenever a life is don’t want to get the flu. I want some whether they have a viral infection or taken, whether it’s an unborn child or Tamiflu or I want Relenza. And, frank- bacterial infection. If their white blood whether it’s a 23-month-old child that ly, taking it prophylactically may count is high, if they have what we say that died like this one from this H1N1 help, but the thing that we are doing is is a left shift, in other words if they type A flu or whether it’s an elderly we are spending a lot of money to take have types of white blood cells that in- person. But what happens, and particu- that, and once they take the preventa- dicate a bacterial infection, then they larly has happened in this case, is I tive, if just a few weeks later they get do need antibiotics. They do need a think the gentleman is exactly right exposed, then they could still get the bacterial culture just to see if any of that the media has overblown this. flu. It doesn’t have a lasting effect. the antibiotics that the doctor pre- There is a lot of misunderstanding So what we do know is that taking scribes are going to eradicate that par- when the World Health Organization, these antivirals like Tamiflu and ticular bacteria. the WHO, says there is a pandemic. Relenza, if you take those very early But as I mentioned earlier, most fe- What does that mean? Most people in on in the course when people first start vers, most colds, most pneumonias, America think, well, people are going getting a fever, when they first start most bronchitis, most ear infections to be dying in wholesale lots all over aching all over, when they first start are not caused by bacterial infections. this country as they did in the early getting the runny nose and the cough So utilizing antibiotics in those cases part of the last century. Well, the and the sore throat, if they’ll go to is a huge waste of money, it exposes

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If I could don’t believe they are going to get to Mr. GINGREY of Georgia. It does. I make one point, we are not talking category 6 and make that declaration, want to continue this colloquy, Madam about meningitis here. It’s not menin- as things have improved. I mean, that Speaker, with Dr. BROUN, because, if, gitis. It can be a severe illness, as Dr. is not wishful thinking on my part. I as Dr. BROUN said, every person that BROUN says, but it’s not going to kill understand that it could go the other comes in that office that thinks that you within 24 hours. And I think you way, but I don’t think it will. they may have the flu, not seasonal are approaching it the way Dr. BROUN Mr. BROUN of Georgia. Well, you are flu, but this flu that everybody is pan- is describing. exactly right. And we have had over 400 icking over, that, you know, the doc- I didn’t mean to interrupt him, cases that have been reported here. In tor, Dr. BROUN, you correct me if I am Madam Speaker, but I thought it was fact, there have been several cases in wrong, but the doctor is going to do a important that people understand be- our own State of Georgia that have physical examination on that patient. cause people do know about situations been diagnosed serologically, which They are going to look at the throat, where somebody was perfectly well one means through the testing that they the tonsils where strep throat can day and dead the next from do, indeed, have the type-A H1N1 flu, occur. meningococcal meningitis, a bacterial but in most cases it’s very mild. They are going to listen to the lungs; infection, not a viral infection. Viral And the people that are dying, this they are going to use that stethoscope. meningitis usually just causes a severe 23-month-old infant, as well as the lady They are going to make sure that pa- headache and is time limited. I thought in Texas, both by reports, we don’t tient doesn’t have pneumonia. And it was important to make that point. know for sure, by reports, those people they are going to make an evaluation. Mr. BROUN of Georgia. The gen- had other conditions that led them to As Dr. BROUN was saying, it’s the very tleman is exactly right. The severity of have the possibility of secondary infec- young or the very elderly or somebody the illness makes a big difference. Dr. tions. that’s immune compromised, the ap- GINGREY, you had been talking about The way I remind my colleague—I proach may be a little bit different. the doctor taking the time to do a his- don’t have to remind my colleague, be- But this Tamiflu, which is a pill or tory and physical, which is extremely cause he knows very well that the way capsule, and this Relenza, which is a important. I want to point out here, people die from flu is through pneu- nasal aspirate, they are as effective 2 just to go off on a tangent for just a monia, through respiratory difficulties or 3 days later, I think certainly if moment, as we see what the majority and, and they will develop severe res- they are administered within 48 hours. here in this House is trying to propose, piratory stress syndrome or some other So, Dr. BROUN, you might say to those this push towards socialized medicine, types of respiratory problems or will folks that they are real nervous about, doctors aren’t going to have time to develop pneumonia and die from the well, look, we are going to treat this take a proper history and physical be- pneumonia. Frequently, it’s a bacterial symptomatically, and probably not cause they are going to be pushed to pneumonia with these co-morbid, as we with a antibiotic, as Dr. BROUN said. ration care. say in medicine, conditions that give And if in 24 to 48 hours your child is And so that socialized medicine them the greater possibility of devel- getting worse, then, absolutely, you that’s being pushed by the leadership oping those types of things. But going come right back here to my office, I be- in the House and the Senate is not the to your doctor, or even consulting your lieve available 24 hours a day. That’s way to go, and it’s going to hurt people doctor or even the doctors and nurse by the way we practiced when Dr. BROUN more than help people. And it’s going phone is, I think, an appropriate reac- and I were practicing, and we will then to be disastrous economically. tion in not being afraid as the Amer- go ahead and do a culture and start But getting back to the flu, if some- ican public are. your child or your mom or your dad or body is concerned, they need to look at As I mentioned, my friend at the Uni- your mother or your sister or your wife the possibility of this person having versity of Georgia has been telling the or husband, we will put them on the the flu. My daughter called me up just people within government, the govern- antiviral, the Tamiflu or the Relenza. the other day when this was so hot in ment entities, the CDC and all, that And then we will kind of wait and see the news, and she was concerned she this particular flu is not of epidemic what the culture shows. might have the flu. Well, she is a stay- proportions. It’s not one that is going So there is time. What Dr. BROUN is at-home mom. She hasn’t been out to to be very virulent and, thus, is not talking about is treating people, using be exposed to anybody where she would going to create a lot of severe problems your brain and using your skills and get the flu. besides these two deaths, which are not wasting precious medication if you So people need to have a little com- tragic. We have had very little prob- don’t need to. mon sense about this as they think lems in America with the flu. Mr. BROUN of Georgia. You are ex- about this. Just because it’s in the And my friend also said with it being actly right, Dr. GINGREY. Putting peo- news doesn’t mean that they are going more widespread in Mexico, he doesn’t ple on antibiotics or just taking to get it. Just because WHO is saying really have the data but he thinks that Tamiflu because you are scared is not a that there is a pandemic, that just probably in Mexico, where we have good utilization of your money. And means that people in multiple areas seen people die, a whole lot more than certainly the health system is overbur- have the flu, and it doesn’t mean that here, that it’s probably the same pro- dened by the misuse or overuse of anti- people are going to be dying in whole- portion of deaths that we see with biotics and all kinds of drugs. sale lots. every flu epidemic. So people shouldn’t But you brought up a good point too Mr. GINGREY of Georgia. Abso- be afraid. that I wanted to focus on just a second. lutely, you are right, and you pointed He also tells me that there is a possi- And the thing is, if a child starts or out this earlier, Dr. BROUN did, that a bility that next fall we are going to see a person, adult, starts running a fever, pandemic just means that it has spread this same H1N1 flu virus come back to if they don’t have any other health to the point that multiple countries America and come back as a potential problems, if they don’t have chronic are involved, and they are talking infection, viral infection, on a bigger lung disease, if they don’t have severe about the volume of cases, not nec- scale; but people should just do the asthma or chronic bronchitis, if they essarily the severity. commonsense things to help them from don’t have diabetes where they are And they, by the way, so our col- having the flu, which means they more liable to develop infection, sec- leagues can understand this and advise should wash their hands. If somebody ondary infections, if somebody is basi- their constituents when they call, the is running a fever, they should talk to

VerDate Nov 24 2008 02:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.123 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5165 the doctor and not send the child to don’t overreact and we don’t let the in- do these things in an appropriate man- school who is running a fever. appropriate media cause panic to set ner. We can’t let all of our spending They need to make sure that they in. These good doctors that speak on and our reaction be media driven in re- keep their fingers out of their nose and these shows I think are doing a good sponding to a panic so that we don’t keep their hands out of their mouth job to prevent that from happening. get Katrina’d. And I would yield back and things like this. It may be just Mr. BROUN of Georgia. Dr. GINGREY to my colleague. common sense. is exactly right. And I want to know Mr. BROUN of Georgia. I would like I have had some of the liberals who what this $1.5 billion or $2 billion that the gentleman to clarify something for don’t particularly like me in my dis- the President has proposed to spend on me. You made a statement, and I am trict complain about my making those this flu outbreak is going to be spent not sure if I understood it. recommendations, but people don’t on? Is it going to be a useful expendi- It is my impression that actually it think about those things. And it’s im- ture? Is it going to be needed? is the administration who decided to portant to do those commonsense We saw in 1976 under President Ford cancel the Raptor, the F–22. It wasn’t things to prevent yourself from getting when they spent all that money that the Air Force. Is that correct? What the flu. So we need to just do those actually caused more harm than good. was the situation? commonsense epidemiological meas- More people died and had disease from Mr. GINGREY of Georgia. Madam ures of trying to prevent ourselves the vaccine. Now, we have better tech- Speaker, reclaiming my time, the gen- from getting the flu and not be afraid. nology; in fact, the gentleman at the tleman is absolutely correct. He is ab- Mr. GINGREY of Georgia. I chuckled University of Georgia has just some solutely correct. just a little bit at what Dr. BROUN was outstanding technology today where Thirty different studies have sug- saying, but it is absolutely right. He is they can help develop vaccines very gested that we need a minimum to be absolutely right. And, colleagues, I quickly. But still, it takes a while to able to have enough planes. We have a don’t know, on Sunday morning you produce enough vaccines to be able to situation in Hawaii at Hickam Air refer CNN or Fox News—I guess my help if they are needed. And what we Force Base where they only have one Democratic colleagues, it’s CNN; and see in this particular flu outbreak is squadron, that is 20 F–22s, and the my Republican colleagues, it’s mostly that I don’t think they are needed. I same thing is true at Tyndall in Flor- Fox News. But they have a medical don’t think we need to be appro- ida. They have one squadron of 20 consultant, Sanjay Gupta on CNN, and priating $1.5 billion or $2 billion for the planes. And it is very possible that Isadore Rosenfeld, a gentleman that I H1N1 flu. We need to give those funds with the limit of 187, which the Air listen to. to our military personnel to keep them Force clearly has said on repeated oc- Fortunately, they don’t limit him to from dying in Afghanistan or Iraq. casions that that is not enough, that it a 2-minute sound bite. On Sunday Mr. GINGREY of Georgia. Reclaim- puts the Air Force in a high-risk situa- morning Dr. Rosenfeld has a 30-minute ing my time, because that is a great tion, that they may just have to BRAC interview. segue for me; because, Madam Speaker, those bases and take those planes and And he, Madam Speaker, he was so I represent a district, Marietta, Geor- put them somewhere else, Elmendorf as good and so practical and talked plain gia, is part of it, Cobb County. Lock- an example or in Guam or Okinawa. talk, just like Dr. BROUN about, you heed Martin has a plant there where we But, Madam Speaker, the gentleman know, the risk and the relevant, what employ almost 8,000 great Georgians, from Georgia is absolutely correct that do you do. And I imagine that he will probably a few folks from Alabama and this was a decision that was made by be talking about that this Sunday, Dr. surrounding States that work on those the administration, and it was based on Gupta probably as well on CNN. flight lines for the C–130 and also, more cost. It was not based on the needs, as But, generally, the information is specifically, the F–22 Raptor. repeatedly stated by the highest rank- outstanding, and I say that from the The Department of Defense has made ing members of the Air Force and by 30 perspective of being a practicing physi- the decision to cancel that program at different studies, that we need more cian, and Dr. BROUN as well, and they 187 F–22s, when originally we thought planes. talk about cover your nose and mouth we needed 700, the military. The Air We got off on a tangent, Madam with a tissue when you cough or Force in particular has said, Madam Speaker, but it is important because sneeze, wash your hands often with Speaker, repeatedly that even 240 what we are talking about as we dis- soap and water, especially after you planes would put us in a moderate-risk cuss the appropriateness of spending $2 cough or sneeze. situation, and all of a sudden this ad- billion to produce a vaccine that may Avoid touching your eyes or your ministration has made the decision to never be used, that is a very important nose or your mouth, because germs cancel that flight line and I think put decision that our country has to make, definitely, as Dr. BROUN said, spread us at a high-risk situation. and I think the American people need that way. I feel very strongly that in this emer- to understand that. So I thank the gen- So it’s so much common sense. And I gency supplemental there are four, and tleman for asking that question, commend Dr. Rosenfeld, Dr. Gupta and that is it, four of these F–22 Raptors Madam Speaker, and I gladly yield others, and of course earlier, Dr. that give us that fifth generation of air back to Dr. BROUN. BROUN, before you got here, Madam superiority, best in the world, and we Mr. BROUN of Georgia. While we are Speaker, knows that I talked about the are going to appropriate as a part of an talking about defense, let me point out response that we have gotten from the emergency supplemental mainly for something else, too, that was a cost de- Secretary of Health and Human Serv- continuing to fight and win in Iraq and cision evidently by this administra- ices, Governor Sebelius, the Secretary Afghanistan, particularly Afghanistan tion. The North Korean Government of the Department of Homeland Secu- now; yet, we are going to spend $2 bil- fired off a rocket. It wasn’t quite suc- rity, Governor Napolitano, the acting lion possibly preparing a vaccine that cessful, but they are working on inter- director of the CDC, Dr. Bessler, and on will never be used? continental ballistic capability, and and on and on. Let me tell you what happens, they are developing nuclear weapon President Obama’s response in regard Madam Speaker, with that vaccine if technology in North Korea. We know to the budget, we talked about the fact we produce it at 50 million or however that without a question. The day after that he said, well, let’s put $1.5 billion many doses like they did back in 1976 the North Koreans fired off their rock- in case we have to develop a vaccine when it only cost $135 million. We et, our President announced that he specific, in case this thing does become might be spending $2 billion on a vac- was going to cut the antimissile de- a pandemic, and we have got lots of cine that gets poured down the drain fense spending. And we need that folks that are getting very sick, and we and is never used, and we could have spending. We need an antimissile de- need to go in that direction. purchased 15 or 20 F–22 Raptors. fense system in this country more than Again, that is getting off on a tan- we ever have. b 2115 gent a little bit, but I feel like I really President Reagan suggested that we So I think the response has been need to mention that because we have develop an umbrella over this country, good, but we need to make sure that we to prioritize our spending. We have to an umbrella that would make nuclear

VerDate Nov 24 2008 02:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.124 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5166 CONGRESSIONAL RECORD — HOUSE May 5, 2009 weapons totally obsolete. But this ad- With that, I want to yield back to my Mr. POE of Texas, for 5 minutes, May ministration wants to cut that anti- colleague for some closing comments, 12. missile spending which we desperately and then we will wrap up. Mr. JONES, for 5 minutes, May 12. need and is, in fact, one of the most im- Mr. BROUN of Georgia. Very quickly, Mr. HUNTER, for 5 minutes, today. portant constitutional functions of the I want to bring out that the economic (The following Member (at his re- Federal Government. health of the government is very im- quest) to revise and extend his remarks We need the F–22 Raptor. We need portant for fiscal health, too. I think a and include extraneous material:) the antimissile defense system. I don’t lot of people who may be dying in Mex- Mr. WOLF, for 5 minutes, today. think we need to spend $1.5 billion on a ico is because of their poor economic f health, and we are going down a road flu vaccine when already the research ADJOURNMENT shows that it is not going to be very now with this tax-and-cap policy that virulent. is being fostered by the Democratic Mr. BROUN of Georgia. Madam Before I yield back, I would like to majority to tax energy, which is going Speaker, I move that the House do now make a very strong point here. We are to create a tremendous downturn in adjourn. stealing our grandchildren’s future by our economy. It is going to put people The motion was agreed to; accord- borrowing and spending. We are bor- out of work. And we have got to stop ingly (at 9 o’clock and 29 minutes rowing too much, we are spending too that, too, because it is going to affect p.m.), the House adjourned until to- much, we are taxing too much, and it the physical health of those people who morrow, Wednesday, May 6, 2009, at 10 has to stop. And we need to spend on aren’t able to buy their insurance, who a.m. things that are critical, that are con- aren’t able to go to the drug store and f stitutional, that have to do with our buy their Tamiflu or their antibiotics. EXECUTIVE COMMUNICATIONS, national defense, that have to do with So economic health is going to be crit- ETC. our national security. And we need to ical for physical health, and we have got to stop this cap-and-tax policy that Under clause 2 of Rule XXIV, execu- drive things by science and not by tive communications were taken from hysteria. This hysteria over the flu is NANCY PELOSI and company are trying to force down the throats of the Amer- the Speaker’s table and referred as fol- driving the media and is driving the ad- lows: ministration, driving the leadership ican people. here. We have got to stop that. Mr. GINGREY of Georgia. Let me re- 1591. A letter from the Clerk, U.S. House of claim my time for the remaining Representatives, transmitting A letter from Mr. GINGREY of Georgia. Let me re- the U.S. House of Representatives, Clerk, minute or less. But Dr. BROUN I think, claim my time and try to wrap up, transmitting notification, pursuant to sec- Madam Speaker, as we get close to the Madam Speaker, hit on a good point. tion 1(k)(2) of H.R. 895, One Hundred Tenth allotted time. We talked tonight mostly about the Congress, that the board members and alter- physical health of the country, the Na- What Dr. BROUN is talking about, my nate board members of the Office of Congres- tion, and the importance of providing colleagues, I want you to think about sional Ethics; Former Congressman David that and protecting people from dis- Skaggs; Former Congressman Porter J. Goss; what he said, if you think we have got- ease, if we can. But what Dr. BROUN Former Congresswoman Yvonne Brathwaite ten a little afar from our starting point mentioned, the fiscal health of the Burke; Former House Chief Administrative on talking about this H1N1 influenza. country, is almost as important if not Officer Jay Eagen; Former Congresswoman The health of the Nation is more than Karan English; Professor Allison Hayward; as important. And so when we start just protecting people from a pan- Former Congressman Abner Mikva; Former recommending policy that a small demic, from disease, from infection. Congressman Bill Frenzel; Staff Director and group of zealots want us to go down a That is certainly a huge part of the re- Chief Counsel Leo J. Wise; Senior Counsel road of cap-and-trade or cap-and-tax, sponsibility of our government, to try William H. Cable; Investigative Counsel we can hurt this Nation just as badly Omar Ashmawy; Investigative Counsel Eliza- to protect its citizens, and I think that by being fiscally irresponsible as phys- beth A. Horton; and Administrative Director we do a great job and we have a great ically irresponsible. Mary K. Flanagan, have individually signed health care system. But the health of Madam Speaker, I yield back the bal- an agreement to not be a candidate for the the Nation also, as Dr. BROUN is sug- office of Senator or Representative in, or ance of my time. gesting so accurately, has to do with Delegate or Resident Commissioner to, the national defense and to make sure that f Congress for purposes of the Federal Election our leadership understands the impor- LEAVE OF ABSENCE Campaign Act of 1971 until at least 3 years tance of us being respected. It is nice after the individual is no longer a member of By unanimous consent, leave of ab- the Board or staff of the Office of Congres- to be liked, and we all want to be liked. sence was granted to: sional Ethics. When our Commander in Chief goes to Mr. FORTENBERRY (at the request of 1592. A letter from the Executive Director, Latin America or goes to speak at the Mr. BOEHNER) for today and the bal- Commodity Futures Trading Commission, European Union or the Group of 20 or ance of the week on account of the hos- agreement to not be a candidate for the of- to Turkey or wherever, or visits our pitalization of his child. fice of Senator or Representativtransmitting troops in Iraq, I think we need to un- the Commission’s final rule — Electronic derstand the health of the Nation is f Filing of Disclosure Documents (RIN: 3038- more about freedom from disease. It is SPECIAL ORDERS GRANTED AC 67) received April 3, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- about strength. It is about character. By unanimous consent, permission to riculture. It is about making the important deci- address the House, following the legis- 1593. A letter from the Congressional Re- sions of where you spend the hard- lative program and any special orders view Coordinator, Department Agriculture, earned tax dollars that 300 million peo- heretofore entered, was granted to: transmitting the Department’s final rule — ple in this country have to write a (The following Members (at the re- Import/Export User Fees [Docket No.: APHIS-2006-0144] (RIN: 0579-AC59) received check every April 15, that we have that quest of Ms. WOOLSEY) to revise and ex- March 30, 2009, pursuant to 5 U.S.C. responsibility, and we can’t afford to tend their remarks and include extra- squander one dime of it. 801(a)(1)(A); to the Committee on Agri- neous material:) culture. I am going to yield back to my col- Ms. WOOLSEY, for 5 minutes, today. 1594. A letter from the Director, Regu- league maybe for the final 30 seconds, Mr. DEFAZIO, for 5 minutes, today. latory Review Group, Department of Agri- but, Madam Speaker, I just want to say Ms. KAPTUR, for 5 minutes, today. culture, transmitting the Department’s that during this hour, this Republican Mr. MURPHY of Connecticut, for 5 ‘‘Major’’ final rule — Marketing Assistance GOP Doctor’s Caucus of which Dr. minutes, today. Loans and Loan Deficiency Payments (RIN: BROUN and I are a part, I want to point Mr. GRAYSON, for 5 minutes, today. 0560-AH87) received April 24, 2009, pursuant out this last slide. We are talking (The following Members (at the re- to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. about strengthening the doctor-patient quest of Mr. POE of Texas) to revise and 1595. A letter from the Director, Regu- relationship, but we are talking about extend their remarks and include ex- latory Review Group, Department of Agri- a lot of things tonight in regard to the traneous material:) culture, transmitting the Department’s health of the Nation. Mr. POSEY, for 5 minutes, May 12. ‘‘Major’’ final rule — Sugar Program (RIN:

VerDate Nov 24 2008 03:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MY7.125 H05MYPT1 wwoods2 on PRODPC68 with HOUSE May 5, 2009 CONGRESSIONAL RECORD — HOUSE H5167 0560-AH86) received April 24, 2009, pursuant 1606. A letter from the Chairman, Federal the Department’s final rule — Airworthiness to 5 U.S.C. 801(a)(1)(A); to the Committee on Mine Safety and Health Review Commission, Directives; McDonnell Douglas Model MD-90- Agriculture. transmitting the Commission’s annual re- 30 Airplanes [Docket No.: FAA-2007-0074; Di- 1596. A letter from the Congressional Re- port for fiscal year 2008, pursuant to Public rectorate Identifier2007-NM-151-AD; Amend- view Coordinator, Department of Agri- Law 107-174, section 203; to the Committee on ment 39-15863; AD 2009-07-04] (RIN: 2120-AA64] culture, transmitting the Department’s final Oversight and Government Reform. received April 21, 2009, pursuant to 5 U.S.C. rule — Agricultural Bioterrorism Protection 1607. A letter from the Director Office of 801(a)(1)(A); to the Committee on Transpor- Act of 2002; Biennial Review and Republica- Civil Rights, International Broadcasting Bu- tation and Infrastructure. tion of the Select Agent and Toxin List; reau, transmitting the Bureau’s annual re- 1617. A letter from the Program Analyst, Delay of Compliance Date for Newly Reg- port for fiscal year 2008 on the Notification Department of Transportation, transmitting istered Entities [Docket No.: APHIS-2007- and Federal Employee Antidiscrimination the Department’s final rule — Airworthiness 0033] (RIN: 0579-AC53) received April 14, 2009, and Retaliation Act of 2002; to the Com- Directives; General Electric Company CF6- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Oversight and Government Re- 80A Series Turbofan Engines [Docket No.: mittee on Agriculture. form. FAA-2008-1206; Directorate Identifier 2008- 1597. A letter from the Congressional Re- 1608. A letter from the Acting Chair, Occu- NE-19-AD; Amendment 39-15869; AD 2009-07- view Coordinator, Department of Agri- pational Safety and Health Review Commis- 10] (RIN: 2120-AA64] received April 21, 2009, culture, transmitting the Department’s final sion, transmitting the Commission’s annual pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rule — Importation of Sweet Oranges and report for fiscal year 2008 on the Notification mittee on Transportation and Infrastruc- Grapefruit from Chile [Docket No.: APHIS- and Federal Employee Antidiscrimination ture. 2007-0115] (RIN: 0579-AC83) received April 7, and Retaliation Act of 2002, Public Law 107- 1618. A letter from the Program Analyst, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 174; to the Committee on Oversight and Gov- Department of Transportation, transmitting Committee on Agriculture. ernment Reform. the Department’s final rule — Airworthiness 1598. A letter from the Congressional Re- 1609. A letter from the Acting Director, Of- Directives; DORNIER LUFTFAHRT GmbH view Coordinator, Department of Agri- fice of Personnel Management, transmitting culture, transmitting the Department’s final the Office’s annual report for fiscal year 2008, Models Dornier 228-100, Dornier 228-101, rule — Revision of the Hawaiian and Terri- pursuant to Public Law 107-174, section 203; Dornier 228-200, Dornier 228-201, Dornier 228- torial Fruits and Vegetables Regulations; to the Committee on Oversight and Govern- 202, and Dornier 228-212 Airplanes [Docket Technical Amendment [Docket No.: APHIS- ment Reform. No.: FAA-2009-0123 Directorate Identifier 2007-0052] (RIN: 0579-AC70) received April 7, 1610. A letter from the Chief Administra- 2009-CE-005-AD; Amendment 39-15868; AD 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the tive Officer, Patent and Trademark Office, 2009-07-09] (RIN: 2120-AA64] received April 21, Committee on Agriculture. transmitting the Office’s annual report for 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1599. A letter from the Director, Policy fiscal year 2008 prepared in accordance with Committee on Transportation and Infra- Issuances Division, Department of Agri- Section 203 of the Notification and Federal structure. culture, transmitting the Department’s final Employee Antidiscrimination and Retalia- 1619. A letter from the Program Analyst, rule — Mandatory Coutry of Origin Labeling tion Act of 2002; to the Committee on Over- Department of Transportation, transmitting of MuscleCuts of Beef (including Veal), sight and Government Reform. the Department’s final rule — Airworthiness Lamb, Chicken, Goat, and Pork; Ground 1611. A letter from the Chief Financial Offi- Directives; General Electric Company CF34- Beef, Ground Lamb, Ground Chicken, Ground cer, United States Capitol Police, transmit- 1A, -3A, -3A1, -3A2, -3B, and -3B1 Turbofan Goat, and Ground Pork — received April 14, ting the semiannual report of receipts and Engines [Docket No.: FAA-2007-0419; Direc- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the expenditures of appropriations and other torate Identifier 2007-NE-52-AD; Amendment Committee on Agriculture. funds for the period October 1, 2008 through 39-15871; AD 2009-07-12] (RIN: 2120-AA64] re- 1600. A letter from the Congressional Re- March 31, 2009, pursuant to Public Law 109- ceived April 21, 2009, pursuant to 5 U.S.C. view Coordinator, Department of Agri- 55, section 1005; (H. Doc. No. 111—36); to the 801(a)(1)(A); to the Committee on Transpor- culture, transmitting the Department’s final Committee on House Administration and or- tation and Infrastructure. rule — Tuberculosis in Cattle and Bison; dered to be printed. 1620. A letter from the Chief, Publications State and Zone Designations; New Mexico 1612. A letter from the Program Analyst, and Regulations, Internal Revenue Service, [Docket No.: APHIS-2008-0124] received Department of Transportation, transmitting transmitting the Service’s final rule — Pay- March 23, 2009, pursuant to 5 U.S.C. the Department’s final rule — Airworthiness ments made to a REMIC pursuant to the 801(a)(1)(A); to the Committee on Agri- Directives; Piper Aircraft, Inc. Models PA-46- Home Affordable Modification Program [No- culture. 350P and PA-46R-350T Airplanes [Docket No.: tice 2009-36] received April 15, 2009, pursuant 1601. A letter from the Congressional Re- FAA-2009-0007; Directorate Identifier 2008- to 5 U.S.C. 801(a)(1)(A); to the Committee on view Coordinator, Department of Agri- CE-072-AD; Amendment 39-15867; AD 2009-07- Ways and Means. culture, transmitting the Department’s final 08] (RIN: 2120-AA64] received April 21, 2009, 1621. A letter from the Chief, Publications rule — National Poultry Improvement Plan pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Regulations Branch, Internal Revenue and Auxiliary Provisions; Correcting Amend- mittee on Transportation and Infrastruc- Service, transmitting the Service’s final rule ment [Docket No.: APHIS-2007-0042] (RIN: ture. — Asset Valuation under Section 430(g)(3)(B) 0579-AC78) received April 24, 2009, pursuant to 1613. A letter from the Program Analyst, as amended by WRERA [Notice 2009-22] re- 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting ceived March 19, 2009, pursuant to 5 U.S.C. Agriculture. the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Ways and 1602. A letter from the Acting Adminis- Directives; McDonnell Douglas Model 717-200 Means. trator, Risk Management Agency, Depart- Airplanes [Docket No.: FAA-2008-1155; Direc- 1622. A letter from the Chief, Publications ment of Agriculture, transmitting the De- torate Identifier 2008-NM-146-AD; Amend- and Regulations, Internal Revenue Service, partment’s final rule — Common Crop Insur- ment 39-15866; AD 2009-07-07 R1] (RIN: 2120- transmitting the Service’s final rule — ance Regulations, Tobacco Crop Insurance AA64] received April 21, 2009, pursuant to 5 Phase-out of Credit for New Qualified Hybrid Provisions (RIN: 0563-AB98) received April 14, U.S.C. 801(a)(1)(A); to the Committee on Motor Vehicles and New Advanced Lean 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. Burn Technology Motor Vehicles [Notice Committee on Agriculture. 1614. A letter from the Program Analyst, 2009-37] received April 15, 2009, pursuant to 5 1603. A letter from the Acting Chairman, Department of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on Commodity Futures Trading Commission, the Department’s final rule — Airworthiness Ways and Means. transmitting the Commission’s annual re- Directives; Air Tractor, Inc. Models AT-400, port for fiscal year 2008 on the Federal Em- AT-401, AT-401B, AT-402, AT-402A, and AT- f ployee Antidiscrimination and Retaliation 402B Airplanes [Docket No. FAA-2006-23646; Act of 2002; to the Committee on Oversight Directorate Identifier 2006-CE-005-AD; REPORTS OF COMMITTEES ON and Government Reform. Amendment 39-15849; AD 2006-08-08] (RIN: PUBLIC BILLS AND RESOLUTIONS 1604. A letter from the Acting Officer for 2120-AA64] received April 21, 2009, pursuant Under clause 2 of rule XIII, reports of Civil Rights and Civil Liberties, Department to 5 U.S.C. 801(a)(1)(A); to the Committee on committees were delivered to the Clerk of Homeland Security, transmitting the De- Transportation and Infrastructure. for printing and reference to the proper partment’s annual report for fiscal year 2008 1615. A letter from the Program Analyst, entitled, ‘‘No FEAR Act: Fiscal Year 2008 Department of Transportation, transmitting calendar, as follows: Annual Report to Congress’’, pursuant to the Department’s final rule — Airworthiness Ms. PINGREE of Maine: Committee on Public Law 107-74; to the Committee on Directives; ATR Model ATR72 Airplanes Rules. House Resolution 400. Resolution pro- Oversight and Government Reform. [Docket No.: FAA-2008-1081; Directorate viding for the consideration of the bill (H.R. 1605. A letter from the Deputy Assistant Identifier 2008-NM-143-AD; Amendment 39- 1728) to amend the Truth in Lending Act to Secretary for Information Systems and Chief 15864; AD 2009-07-05] (RIN: 2120-AA64] received reform consumer mortgage practices and Information Officer, Department of the April 21, 2009, pursuant to 5 U.S.C. provide accountability for such practices, to Treasury, transmitting the Department’s an- 801(a)(1)(A); to the Committee on Transpor- provide certain minimum standards for con- nual report for fiscal year 2008, pursuant to tation and Infrastructure. sumer mortgage loans, and for other pur- Public Law 107-174; to the Committee on 1616. A letter from the Program Analyst, poses (Rept. 111–96). Referred to the House Oversight and Government Reform. Department of Transportation, transmitting Calendar.

VerDate Nov 24 2008 02:27 May 06, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\L05MY7.000 H05MYPT1 wwoods2 on PRODPC68 with HOUSE H5168 CONGRESSIONAL RECORD — HOUSE May 5, 2009 Mr. CONYERS: Committee on the Judici- to the Committee on Energy and Commerce, sideration of such provisions as fall within ary. H.R. 1788. A bill to amend the provisions and in addition to the Committee on Finan- the jurisdiction of the committee concerned. of title 31, United States Code, relating to cial Services, for a period to be subsequently By Mr. HINCHEY (for himself, Mr. false claims to clarify and make technical determined by the Speaker, in each case for MCHUGH, Mr. PLATTS, Mr. FATTAH, amendments to those provisions, and for consideration of such provisions as fall with- Ms. SLAUGHTER, Mr. BARROW, Mr. other purposes (Rept. 111–97). Referred to the in the jurisdiction of the committee con- GORDON of Tennessee, Mr. LOEBSACK, Committee of the Whole House on the State cerned. Mr. GERLACH, Mr. MCGOVERN, Mr. of the Union. By Mr. BURGESS (for himself, Mr. POE of Texas, Mr. ARCURI, Mr. ACKER- GENE GREEN of Texas, Mr. CARTER, MAN, Mr. ISRAEL, Mrs. MALONEY, Mr. f Mr. THORNBERRY, and Mr. CUELLAR): GONZALEZ, Mr. NADLER of New York, PUBLIC BILLS AND RESOLUTIONS H.R. 2249. A bill to amend title XIX of the Mr. TONKO, Mrs. LOWEY, and Mr. Social Security Act to provide for increased CROWLEY): Under clause 2 of rule XII, public price transparency of hospital information H.R. 2256. A bill to authorize the Archivist bills and resolutions of the following and to provide for additional research on of the United States to make grants to titles were introduced and severally re- consumer information on charges and out-of- States for the preservation and dissemina- ferred, as follows: pocket costs; to the Committee on Energy tion of historical records; to the Committee and Commerce. By Mr. BUYER (for himself, Mr. WALZ, on Oversight and Government Reform. By Mr. BURTON of Indiana: Mr. ROE of Tennessee, Mr. BACHUS, By Ms. EDDIE BERNICE JOHNSON of H.R. 2250. A bill to immediately provide for Mr. PIERLUISI, Mr. BOOZMAN, Mr. Texas: domestic energy production and jobs and to H.R. 2257. A bill to amend title 38, United BURTON of Indiana, Mr. BUCHANAN, pursue alternatives in renewable energy; to States Code, to improve the outreach activi- Mr. ROONEY, Mrs. BONO MACK, Mr. the Committee on Energy and Commerce, ties of the Department of Veterans Affairs, KLINE of Minnesota, Mr. PUTNAM, Mr. and in addition to the Committees on Armed and for other purposes; to the Committee on LINCOLN DIAZ-BALART of Florida, Mr. Services, Science and Technology, Natural Veterans’ Affairs. TAYLOR, Mr. MILLER of Florida, Mr. Resources, and Ways and Means, for a period By Mr. KENNEDY (for himself, Mr. HALL of New York, Ms. CORRINE to be subsequently determined by the Speak- ELLISON, and Mr. MCMAHON): BROWN of Florida, Ms. JACKSON-LEE er, in each case for consideration of such pro- H.R. 2258. A bill to adjust the immigration of Texas, Mr. CALVERT, Mr. visions as fall within the jurisdiction of the status of certain Liberian nationals who MCMAHON, Mr. JONES, Ms. BORDALLO, committee concerned. were provided refuge in the United States; to Mr. GOHMERT, Mr. MICHAUD, and Mr. By Mr. CROWLEY (for himself, Mr. the Committee on the Judiciary. DONNELLY of Indiana): MEEK of Florida, Ms. CASTOR of Flor- By Ms. KOSMAS (for herself and Mr. H.R. 2243. A bill to amend title 38, United ida, and Mr. ENGEL): POSEY): States Code, to provide for an increase in the H.R. 2251. A bill to amend title XVIII of the H.R. 2259. A bill to amend title 18, United amount of monthly dependency and indem- Social Security Act to provide for the dis- States Code, to strengthen the post-employ- nity compensation payable to surviving tribution of additional residency positions, ment restrictions for Members of Congress; spouses by the Secretary of Veterans Affairs; and for other purposes; to the Committee on to the Committee on the Judiciary. to the Committee on Veterans’ Affairs. Ways and Means, and in addition to the Com- By Mrs. LOWEY: By Ms. ZOE LOFGREN of California mittee on Energy and Commerce, for a pe- H.R. 2260. A bill to provide the Secretary of (for herself and Mrs. BONO MACK): riod to be subsequently determined by the Health and Human Services and the Sec- H.R. 2244. A bill to amend the Internal Rev- Speaker, in each case for consideration of retary of Education with increased authority enue Code of 1986 to allow an individual who such provisions as fall within the jurisdic- with respect to asthma programs, and to pro- is entitled to receive child support a refund- tion of the committee concerned. vide for increased funding for such programs; able credit equal to the amount of unpaid By Ms. DEGETTE: to the Committee on Energy and Commerce, child support and to increase the tax liabil- H.R. 2252. A bill to improve the Federal in- and in addition to the Committee on Edu- ity of the individual required to pay such frastructure for health care quality improve- cation and Labor, for a period to be subse- support by the amount of the unpaid child ment in the United States; to the Committee quently determined by the Speaker, in each support; to the Committee on Ways and on Energy and Commerce, and in addition to case for consideration of such provisions as Means. the Committee on Ways and Means, for a pe- fall within the jurisdiction of the committee By Mr. GRAYSON: riod to be subsequently determined by the concerned. H.R. 2245. A bill to authorize the President, Speaker, in each case for consideration of By Mrs. MALONEY (for herself, Mr. in conjunction with the 40th anniversary of such provisions as fall within the jurisdic- BILIRAKIS, Mr. MCMAHON, Mr. SAR- the historic and first lunar landing by hu- tion of the committee concerned. BANES, Mr. CAPUANO, Ms. BERKLEY, mans in 1969, to award gold medals on behalf By Mr. DELAHUNT (for himself and Mr. PASCRELL, Mr. MCGOVERN, Mr. of the United States Congress to Neil A. Mr. LATOURETTE): SPACE, and Ms. TITUS): Armstrong, the first human to walk on the H.R. 2253. A bill to establish a Financial H.R. 2261. A bill to designate Greece as a moon; Edwin E. ‘‘Buzz’’ Aldrin, Jr., the pilot Markets Commission, and for other purposes; program country for purposes of the visa of the lunar module and second person to to the Committee on Financial Services, and waiver program established under section 217 walk on the moon; Michael Collins, the pilot in addition to the Committee on Agriculture, of the Immigration and Nationality Act; to of their Apollo 11 mission’s command mod- for a period to be subsequently determined the Committee on the Judiciary. ule; and, the first American to orbit the by the Speaker, in each case for consider- By Ms. LINDA T. SA´ NCHEZ of Cali- Earth, John Herschel Glenn, Jr; to the Com- ation of such provisions as fall within the ju- fornia (for herself, Ms. ROS-LEHTINEN, mittee on Financial Services. risdiction of the committee concerned. Mrs. MCCARTHY of New York, Ms. By Mr. MOORE of Kansas (for himself, By Mr. FILNER (for himself, Ms. BALDWIN, Mr. BERMAN, Mr. BISHOP of Mrs. BIGGERT, and Ms. TITUS): CORRINE BROWN of Florida, Mr. New York, Ms. BORDALLO, Mrs. H.R. 2246. A bill to promote and enhance KAGEN, Mr. LATHAM, Mr. ROE of Ten- CAPPS, Mr. CAPUANO, Mr. CARNAHAN, the operation of local building code enforce- nessee, Ms. BORDALLO, Mr. HALL of Ms. CLARKE, Mr. DAVIS of Illinois, ment administration across the country by New York, Mr. KENNEDY, Mr. REYES, Mr. DELAHUNT, Ms. DELAURO, Mr. establishing a competitive Federal matching Mr. PASTOR of Arizona, Mr. ORTIZ, DOYLE, Mr. ETHERIDGE, Mr. FARR, Mr. grant program; to the Committee on Finan- Ms. LORETTA SANCHEZ of California, FRANK of Massachusetts, Mr. GORDON cial Services. Mr. MICHAUD, Mr. TIM MURPHY of of Tennessee, Mr. AL GREEN of Texas, By Mr. COHEN (for himself, Mr. CON- Pennsylvania, and Mr. PLATTS): Mr. GRIJALVA, Mr. HINOJOSA, Mr. YERS, Mr. SMITH of Texas, and Mr. H.R. 2254. A bill to amend title 38, United HOLT, Mr. KILDEE, Mr. KIRK, Mr. FRANKS of Arizona): States Code, to clarify presumptions relating LANCE, Ms. MATSUI, Mr. MCGOVERN, H.R. 2247. A bill to amend title 5, United to the exposure of certain veterans who Mr. MEEKS of New York, Mr. MORAN States Code, to make technical amendments served in the vicinity of the Republic of of Virginia, Mr. PAYNE, Mr. REYES, to certain provisions of title 5, United States Vietnam; to the Committee on Veterans’ Af- Ms. LORETTA SANCHEZ of California, Code, enacted by the Congressional Review fairs. Mr. SARBANES, Mr. SIRES, Ms. Act; to the Committee on the Judiciary. By Ms. FOXX (for herself and Mr. SLAUGHTER, Mr. STARK, Ms. SUTTON, By Mr. BUTTERFIELD (for himself, CUELLAR): Mr. TONKO, Mr. WEINER, and Mr. Mr. YOUNG of Alaska, Mr. CHANDLER, H.R. 2255. A bill to amend the Unfunded WEXLER): Mr. RUSH, Ms. MCCOLLUM, Ms. Mandates Reform Act of 1995 to ensure that H.R. 2262. A bill to amend the Safe and CORRINE BROWN of Florida, Mr. actions taken by regulatory agencies are Drug-Free Schools and Communities Act to COHEN, Mr. MILLER of North Caro- subject to that Act, and for other purposes; include bullying and harassment prevention lina, and Ms. EDDIE BERNICE JOHNSON to the Committee on Oversight and Govern- programs; to the Committee on Education of Texas): ment Reform, and in addition to the Com- and Labor. H.R. 2248. A bill to establish a grant pro- mittees on Rules, the Budget, and the Judi- By Ms. SUTTON: gram to assist States in inspecting hotel ciary, for a period to be subsequently deter- H.R. 2263. A bill to amend title II of the So- rooms for bed bugs, and for other purposes; mined by the Speaker, in each case for con- cial Security Act to eliminate the waiting

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periods for people with disabilities for enti- lina, Mr. FALEOMAVAEGA, Mr. H.R. 1193: Ms. DEGETTE. tlement to disability benefits and Medicare, MCNERNEY, Mr. PERLMUTTER, Ms. H.R. 1203: Mr. JOHNSON of Illinois, Mr. and for other purposes; to the Committee on ZOE LOFGREN of California, Mr. GEORGE MILLER of California, and Mr. MEEK Ways and Means. STEARNS, Mr. WHITFIELD, Mr. of Florida. By Mr. LARSON of Connecticut: LOBIONDO, Mr. MANZULLO, Mrs. H.R. 1210: Mr. KILDEE. H.J. Res. 49. A joint resolution proposing BIGGERT, Mr. YOUNG of Florida, Mr. H.R. 1214: Mr. SHERMAN. an amendment to the Constitution of the NYE, Mr. POSEY, and Ms. WATSON): H.R. 1247: Ms. LEE of California, Mr. SIRES, United States concerning the election of the H. Res. 403. A resolution expressing the Mr. KISSELL, Mr. TOWNS, Ms. CLARKE, Mr. Members of the House of Representatives; to sense of the House of Representatives that MARKEY of Massachusetts, and Mr. FILNER. the Committee on the Judiciary. there should be established a National H.R. 1255: Ms. WOOLSEY. By Mr. LINDER (for himself, Mr. Teacher Day to honor and celebrate teachers H.R. 1269: Mr. LATTA. COSTA, and Mr. STUPAK): in the United States; to the Committee on H.R. 1277: Mr. THORNBERRY, Mr. GOOD- H. Con. Res. 118. Concurrent resolution Oversight and Government Reform. LATTE, Mr. LEE of New York, and Mr. WAMP. supporting the goals of Smart Irrigation H.R. 1289: Mr. GENE GREEN of Texas. f Month, which recognizes the advances in ir- H.R. 1322: Mr. CUMMINGS, Mr. COURTNEY, rigation technology and practices that help PRIVATE BILLS AND Mr. JONES, Mr. FRANK of Massachusetts, Mr. raise healthy plants and increase crop yields RESOLUTIONS ACKERMAN, Ms. KAPTUR, Mr. MICHAUD, Mr. while using water resources more efficiently BOSWELL, Mrs. LOWEY, Mr. KUCINICH, Mr. and encourages the adoption of smart irriga- Under clause 3 of rule XII, BERMAN, and Mr. OBERSTAR. tion practices throughout the United States Mr. POLIS of Colorado introduced a bill H.R. 1325: Ms. CLARKE. to further improve water-use efficiency in (H.R. 2264) for the relief of Maria Carlota H.R. 1330: Mr. BISHOP of New York and Mr. agricultural, residential, and commercial ac- Tribaldo, Jose Vladimir Orellana-Hernandez, CARDOZA. tivities; to the Committee on Oversight and Bernardo Tribaldo, Yulieth Tribaldo, and H.R. 1343: Mr. MCCOTTER. Government Reform. Yedssi Aceneth Moreno Forero; which was H.R. 1354: Mr. BISHOP of Utah. By Mr. CLAY (for himself and Ms. referred to the Committee on the Judiciary. H.R. 1378: Mr. PASCRELL, Mr. SARBANES, FUDGE): f and Mr. ROSS. H. Con. Res. 119. Concurrent resolution ex- H.R. 1380: Ms. EDDIE BERNICE JOHNSON of pressing the sense of Congress that the ADDITIONAL SPONSORS Texas and Ms. DEGETTE. United States Postal Service should issue a H.R. 1410: Mr. CLEAVER and Ms. EDWARDS of postage stamp in commemoration of Carl B. Under clause 7 of rule XII, sponsors were added to public bills and resolu- Maryland. Stokes; to the Committee on Oversight and H.R. 1428: Mr. TIM MURPHY of Pennsyl- Government Reform. tions as follows: vania. By Mr. BOEHNER (for himself, Mr. H.R. 22: Mr. NYE and Mr. POMEROY. H.R. 1452: Mr. TERRY. CANTOR, Mr. PENCE, Mr. MCCOTTER, H.R. 23: Mr. VISCLOSKY, Mr. LANGEVIN, Mr. H.R. 1454: Mr. LEE of New York, Mr. Mrs. MCMORRIS RODGERS, Mr. TERRY, Mr. PETERSON, Mr. WILSON of South MCNERNEY, Mr. FARR, Mr. BUCHANAN, and CARTER, Mr. SESSIONS, Mr. RANGEL, Carolina, Mr. CUMMINGS, Mr. KAGEN, Ms. Ms. BALDWIN. Mr. BLUNT, Mr. DREIER, Mr. MCCAR- GINNY BROWN-WAITE of Florida, Mr. BROWN H.R. 1470: Mr. PITTS and Mr. LATHAM. THY of California, Mr. ARCURI, Mr. of South Carolina, Mr. ROTHMAN of New Jer- H.R. 1474: Ms. KILPATRICK of Michigan, Mr. BISHOP of New York, Ms. CLARKE, Mr. sey, and Mr. ARCURI. DOYLE, Mr. MCGOVERN, Mr. ELLISON, and Mr. CROWLEY, Mr. ENGEL, Mr. ISSA, Mr. H.R. 173: Mr. KAGEN. CONNOLLY of Virginia. KING of New York, Mr. LEE of New H.R. 176: Ms. MCCOLLUM. H.R. 1479: Mr. SERRANO. York, Mr. DANIEL E. LUNGREN of Cali- H.R. 179: Mr. LEVIN and Ms. CLARKE. H.R. 1503: Mr. GOODLATTE. fornia, Mr. MCHUGH, Mr. MURPHY of H.R. 182: Mr. RANGEL and Mr. SIRES. H.R. 1548: Ms. KOSMAS and Mr. HODES. New York, Mr. TONKO, and Mr. H.R. 197: Mr. DAVIS of Alabama, Mr. ALEX- H.R. 1550: Mr. TURNER and Mr. ARCURI. MASSA): ANDER, and Mr. ADERHOLT. H.R. 1552: Mr. MILLER of Florida, Mr. H. Res. 401. A resolution honoring the life H.R. 235: Mr. MOLLOHAN and Mr. QUIGLEY. FLEMING, Mr. MANZULLO, Mr. SCHOCK, Mr. and recognizing the far-reaching accomplish- H.R. 333: Mr. HOLDEN, Mr. KIND, and Mr. TIBERI, Mrs. EMERSON, Mr. LATOURETTE, Mr. ments of the Honorable Jack Kemp, Jr; to WAMP. GERLACH, Mr. REICHERT, Mr. Cao, Mr. BART- the Committee on House Administration. H.R. 406: Mr. KUCINICH. LETT, Mr. DENT, Mr. KIRK, Mr. BARROW, and By Mr. FALEOMAVAEGA (for himself H.R. 413: Ms. ZOE LOFGREN of California. Mr. WEXLER. and Mr. SMITH of New Jersey): H.R. 442: Mr. ROSS and Mr. JORDAN of Ohio. H.R. 1558: Mr. LARSON of Connecticut and H. Res. 402. A resolution condemning the H.R. 450: Mr. KLINE of Minnesota. Ms. ESHOO. transport of nuclear mixed-oxide (MOX) ma- H.R. 463: Mr. MEEK of Florida. H.R. 1571: Mr. SIRES. terial by ship from France to Japan through H.R. 467: Mr. SCHIFF, Mr. Grayson, and Mr. H.R. 1625: Mr. GENE GREEN of Texas, Mr. international waters which endangers the PERLMUTTER. PETERSON, Mr. GUTIERREZ, and Mr. WILSON of marine environment and increases possible H.R. 481: Ms. MCCOLLUM. Ohio. risks for destruction and likely attacks of H.R. 504: Mr. LATOURETTE. H.R. 1675: Ms. KILPATRICK of Michigan. such shipments by international pirates and H.R. 509: Mr. SABLAN. H.R. 1684: Mr. BOREN, Mr. BUCHANAN, Mr. terrorists; to the Committee on Foreign Af- H.R. 510: Mr. CALVERT, Mr. BUCHANAN, and MCCAUL, Mrs. BLACKBURN, Mr. ROSS, Mr. fairs. Mr. KLINE of Minnesota. MINNICK, Mr. KLINE of Minnesota, Mr. JOR- By Mr. KLEIN of Florida (for himself, H.R. 556: Mr. SCHIFF. DAN of Ohio, and Mr. ISSA. Mr. ROSKAM, Mr. POLIS of Colorado, H.R. 621: Mr. SHIMKUS, Mr. FILNER, Ms. H.R. 1689: Mrs. CAPITO, Mr. SPACE, and Mr. Mr. GRAVES, Mr. GRAYSON, Mr. KIRK, BERKLEY, Mr. BOREN, Mr. LEWIS of Georgia, ROGERS of Kentucky. Ms. CORRINE BROWN of Florida, Mr. Mr. SMITH of Washington, Mr. PUTNAM, Mrs. H.R. 1698: Mr. MASSA. HOLT, Mr. MAFFEI, Mr. WEXLER, Ms. Dahlkemper, Mr. SESTAK, Ms. FOXX, Mr. H.R. 1721: Mr. BISHOP of Georgia. CASTOR of Florida, Mr. KIND, Mr. ETHERIDGE, Mr. GONZALEZ, Mr. BISHOP of H.R. 1723: Ms. NORTON. BURGESS, Mr. VAN HOLLEN, Mr. Georgia, Mr. CALVERT, Mr. CONNOLLY of Vir- H.R. 1727: Mr. SHERMAN. REYES, Mr. FOSTER, Mr. ENGEL, Mr. ginia, and Mr. MILLER of Florida. H.R. 1735: Ms. ZOE LOFGREN of California, KENNEDY, Mr. PUTNAM, Ms. H.R. 646: Mr. ABERCROMBIE and Mr. BURTON Mr. COURTNEY, and Mr. FATTAH. BORDALLO, Mr. BRIGHT, Mr. PETER- of Indiana. H.R. 1740: Ms. MOORE of Wisconsin, Mr. SON, Mr. ABERCROMBIE, Ms. KOSMAS, H.R. 745: Ms. BALDWIN and Mr. BISHOP of BLUNT, Mr. HOEKSTRA, Mr. TERRY, and Mr. Mr. WU, Ms. SHEA-PORTER, Mr. New York. ENGEL. LEVIN, Mr. GRIJALVA, Mr. BERMAN, H.R. 775: Mr. BERRY, Mr. MCGOVERN, and H.R. 1751: Mr. JACKSON of Illinois. Mr. MCINTYRE, Mr. FILNER, Mr. SHER- Mr. SOUDER. H.R. 1761: Mr. KUCINICH. MAN, Mr. SABLAN, Mr. PATRICK J. H.R. 868: Mr. BOSWELL. H.R. 1788: Mr. SHERMAN and Mr. BRALEY of MURPHY of Pennsylvania, Ms. JACK- H.R. 890: Mr. LEVIN, Mr. COHEN, and Mr. Iowa. SON-LEE of Texas, Ms. MCCOLLUM, GRIJALVA. H.R. 1802: Mr. AUSTRIA. Ms. SUTTON, Mr. MILLER of North H.R. 949: Mr. PETERSON. H.R. 1816: Mr. KUCINICH. Carolina, Mr. HOLDEN, Ms. MATSUI, H.R. 958: Mr. CARNEY. H.R. 1826: Mr. KUCINICH and Mr. MURPHY of Mr. BOREN, Mr. HARE, Mr. HONDA, Mr. H.R. 1030: Mr. MCDERMOTT. Connecticut. ETHERIDGE, Mr. GERLACH, Mr. H.R. 1067: Mr. ELLISON. H.R. 1835: Mr. NUNES, Mr. HALL of Texas, BLUMENAUER, Mr. KISSELL, Ms. LO- H.R. 1074: Mr. DENT, Mr. JORDAN of Ohio, Mr. ROGERS of Alabama, Mr. FRANKS of Ari- RETTA SANCHEZ of California, Mr. and Mr. ALEXANDER. zona, Mr. LOEBSACK, and Mr. MASSA. RODRIGUEZ, Mr. CONYERS, Ms. WOOL- H.R. 1111: Mr. LAMBORN and Mr. BISHOP of H.R. 1836: Mr. HARE and Mr. CONNOLLY of SEY, Ms. EDDIE BERNICE JOHNSON of Utah. Virginia. Texas, Ms. SLAUGHTER, Mr. HEINRICH, H.R. 1179: Mr. PERRIELLO, Mr. THOMPSON of H.R. 1844: Mr. MASSA, Ms. ROS-LEHTINEN, Ms. KILPATRICK of Michigan, Mr. California, Mr. VAN HOLLEN, and Ms. LEE of and Mr. TERRY. SIMPSON, Mr. PRICE of North Caro- California. H.R. 1849: Mr. ORTIZ.

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H.R. 1881: Mr. DEFAZIO, Mr. MICHAUD, Mr. H.R. 2105: Mr. BARTON of Texas, Ms. KAP- H. Res. 192: Ms. MOORE of Wisconsin, Mr. ISRAEL, Ms. KILROY, Ms. CASTOR of Florida, TUR, Mr. GINGREY of Georgia, Mr. CARNEY, CUMMINGS, Mr. REYES, Mr. MCNERNEY, and and Mr. GRAYSON. Mr. BRADY of Pennsylvania, Mr. PAYNE, and Mr. WELCH. H.R. 1888: Mr. GRIJALVA. Mr. WEXLER. H. Res. 209: Mr. BISHOP of New York. H.R. 1908: Mr. GERLACH. H.R. 2106: Mr. PAUL. H. Res. 232: Mr. DENT, Mr. THOMPSON of H.R. 1910: Mr. BOCCIERI. H.R. 2109: Mr. CARNEY, Mrs. MALONEY, Mr. Pennsylvania, Mr. PAYNE, Mr. CALVERT, Mr. H.R. 1912: Mr. BOCCIERI. KIND, Ms. BORDALLO, Mr. GRIJALVA, Mr. HINCHEY, Mr. SULLIVAN, and Mr. MORAN of H.R. 1959: Mr. MICHAUD and Mr. DELAHUNT. DAVIS of Illinois, and Mr. KING of New York. Kansas. H.R. 1985: Mr. FRANKS of Arizona and Mr. H.R. 2113: Mr. PIERLUISI. GARY G. MILLER of California H. Res. 248: Ms. EDDIE BERNICE JOHNSON of H.R. 2118: Mr. CALVERT. H.R. 1993: Mr. BOREN. Texas and Mr. RYAN of Ohio. H.R. 2119: Mr. CALVERT. H.R. 2009: Mr. MILLER of Florida, Ms. FOXX, H. Res. 299: Mr. MCDERMOTT and Mr. PRICE H.R. 2138: Mr. MASSA. Mr. ROONEY, and Mr. HASTINGS of Wash- of North Carolina. H.R. 2149: Mr. WITTMAN. ington. H. Res. 331: Mr. CARDOZA. H.R. 2160: Mr. GUTHRIE. H.R. 2014: Mr. INGLIS, Mr. COSTA, Mr. H. Res. 360: Mr. TIM MURPHY of Pennsyl- H.R. 2194: Mr. WEXLER, Mr. ENGEL, Ms. CARNAHAN, Mr. HENSARLING, Mr. MEEKS of vania and Mr. AUSTRIA. WASSERMAN SCHULTZ, Mr. HASTINGS of Flor- New York, Mr. HARPER, Mr. SCHRADER, Mr. ida, Mr. MCMAHON, Mr. BILIRAKIS, Mr. H. Res. 363: Mr. STARK. HALL of New York, Mr. GUTHRIE, and Mrs. MCHUGH, Mr. MEEK of Florida, Mr. H. Res. 386: Mr. BARROW, Mr. MARSHALL, HALVORSON. Mrs. MYRICK, Mr. MARCHANT, Ms. TITUS, Mr. H.R. 2017: Mr. HOLT. MCCOTTER, Mr. GARY G. MILLER of Cali- WAMP, Mr. SHADEGG, Mr. WILSON of South H.R. 2027: Mr. PENCE, Mr. PAUL, Mr. SMITH fornia, Mr. HODES, Mr. SMITH of New Jersey, Carolina, Mr. AKIN, Mr. LUETKEMEYER, Mr. of Texas, Mr. FLAKE, Mr. GOHMERT, Mr. Mr. PLATTS, Mrs. LOWEY, and Mr. ROONEY. GUTHRIE, Mr. POSEY, Mr. BONNER, Mr. ROE of GRIJALVA, Mr. WILSON of South Carolina, Mr. H.R. 2196: Ms. WOOLSEY. Tennessee, Mr. BARRETT of South Carolina, CAMPBELL, Mr. JONES, Mr. GUTHRIE, Mrs. H.R. 2202: Mr. BARTLETT and Mr. WELCH. and Mr. HELLER. LUMMIS, Mr. SCHOCK, Mr. KING of Iowa, Mr. H.R. 2239: Mr. HARE. H. Res. 388: Mr. RUPPERSBERGER, Mr. COLE, LAMBORN, Mrs. BACHMANN, Mr. CARTER, Mr. H. J. Res. 47: Ms. FALLIN and Mr. PAULSEN. Mr. CUMMINGS, Mr. MORAN of Kansas, Mr. TERRY, and Mr. MCCLINTOCK. H. Con. Res. 29: Mr. HOLT. H.R. 2062: Mr. WAXMAN, Mr. BLUMENAUER, H. Con. Res. 89: Mr. SHERMAN and Mr. CASTLE, Mr. CHILDERS, Mrs. CAPPS, Mr. Mr. KIND, Ms. LEE of California, Mr. WEXLER, CROWLEY. CONAWAY, Mr. BOYD, Ms. ZOE Lofgren of Cali- and Ms. HIRONO. H. Con. Res. 105: Mr. DELAHUNT, Mr. WIL- fornia, Mr. HOLDEN, Ms. FUDGE, Mrs. H.R. 2067: Mr. PIERLUISI. SON of South Carolina, Mr. OBERSTAR, Mrs. CHRISTENSEN, Mr. BARTLETT, Mr. SMITH of H.R. 2097: Ms. ROYBAL-ALLARD, Mr. DAVIS BONO MACK, Mr. MASSA, Mrs. CHRISTENSEN, Nebraska, and Mr. BLUMENAUER. of Illinois, and Mr. ROGERS of Alabama. and Mr. SKELTON. H. Res. 396: Mr. BECERRA, Mrs. DAVIS of H.R. 2102: Mr. ORTIZ, Mr. BISHOP of New H. Res. 111: Mr. CHANDLER and Mr. California, Mr. LEWIS of Georgia, Ms. LEE of York, Mr. CRENSHAW, and Mr. HINOJOSA. WHITFIELD. California, Mr. ROSS, Mr. TANNER, Mr. BOYD, H.R. 2103: Mr. MCDERMOTT, Mr. CAPUANO, H. Res. 156: Mr. MARIO DIAZ-BALART of Ms. WOOLSEY, Mr. MCCARTHY of California, and Mr. MURPHY of Connecticut. Florida. Mr. WILSON of Ohio, and Mr. CALVERT.

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Vol. 155 WASHINGTON, TUESDAY, MAY 5, 2009 No. 68 Senate The Senate met at 10 a.m. and was Senator from the State of Illinois, to per- an important debate about the role of called to order by the Honorable RO- form the duties of the Chair. the courts and the meaning of the Con- LAND W. BURRIS, a Senator from the ROBERT C. BYRD, stitution. Of all the Senate’s duties, State of Illinois. President pro tempore. few have come to enliven our civic life Mr. BURRIS thereupon assumed the as much as the consideration of a Su- PRAYER chair as Acting President pro tempore. preme Court nominee. The Chaplain, Dr. Barry C. Black, of- f Justice Souter never made a secret of fered the following prayer: the fact that he prefers New Hampshire RECOGNITION OF THE MAJORITY to Washington, and the fact that he has Let us pray. LEADER O, Lord, our Redeemer, abide with served so long in spite of that pref- our Senators through the passing hours The ACTING PRESIDENT pro tem- erence speaks of a deep commitment to of another day. Strengthen them to pore. The majority leader is recog- public service. As Justice Souter re- stand firm for those good and eternal nized. turns to New Hampshire, we thank him values that keep a nation strong. Lord, f for his many years of dedicated service. Now attention turns to the Presi- give them the courage to do the right SCHEDULE dent’s eventual nominee. even when others are doing wrong. Re- Mr. REID. Mr. President, following Republicans are hopeful that Presi- mind them that You are the pilot of dent Obama will choose someone with their lives who can guide them to a de- leader remarks, the Senate will resume consideration of the Helping Families the same qualities that have always sired destination. Let discretion pre- characterized a good judge: superb serve them and understanding keep Save Their Homes Act. The time until 10:50 will be equally divided and con- legal ability, personal integrity, sound them, protecting them from the forces temperament, and, above all, an even- of evil. Save them from pride that mis- trolled between Senators DODD and CORKER. At 10:50 a.m., the Senate will handed reading of the law. takes their abilities for possessions, These are the qualities Americans and keep them humble enough to see proceed to vote in relation to the Cork- er amendment. have always looked for in their judges. their need for You. Any judge who has them can fulfill his We pray in Your Holy Name. Amen. The Senate will recess from 12:30 until 2:15 to allow for the weekly cau- or her judicial oath to ‘‘administer jus- f cus lunches. We have still a large num- tice without respect to persons and do equal right to the poor and to the ber of amendments that could possibly PLEDGE OF ALLEGIANCE rich.’’ And these are the qualities that be debated and voted on today. But it we should expect of any nominee to the The Honorable ROLAND W. BURRIS led appears that we should not have more highest court in the land. the Pledge of Allegiance, as follows: than maybe six or seven votes, some- I pledge allegiance to the Flag of the Over the years, there has been a thing like that. growing tendency among some on the United States of America, and to the Repub- The managers are working on the lic for which it stands, one nation under God, left to pick or promote judges based on indivisible, with liberty and justice for all. bill, and we should be able to finish it policy and political preferences, and without a lot of trouble today. So there f President Obama’s past statements on will be votes throughout the day. We judicial appointments strongly suggest APPOINTMENT OF ACTING do not expect any more votes until that he shares this view. PRESIDENT PRO TEMPORE after the caucus. As a candidate for President, he said The PRESIDING OFFICER. The f that his criteria for a judicial nominee clerk will please read a communication RECOGNITION OF THE MINORITY would be someone who would to the Senate from the President pro LEADER empathize with particular parties or particular groups. This viewpoint was tempore (Mr. BYRD). The ACTING PRESIDENT pro tem- evident again last week when, in de- The assistant legislative clerk read pore. The Republican leader. the following letter: scribing a good nominee, the President f seemed to stress empathy over and U.S. SENATE, above a judge’s role of applying the law PRESIDENT PRO TEMPORE, REPLACING JUSTICE SOUTER Washington, DC, May 5, 2009. without prejudice. To the Senate: Mr. MCCONNELL. Mr. President, The problem with this philosophy is Under the provisions of rule I, paragraph 3, Justice Souter’s decision last week to that it arises out of the misguided no- of the Standing Rules of the Senate, I hereby retire from the Supreme Court presents tion that the courts are simply an ex- appoint the Honorable ROLAND W. BURRIS, a us with an opportunity to prepare for tension of the legislative branch rather

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

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VerDate Nov 24 2008 23:38 May 05, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.000 S05MYPT1 smartinez on PROD1PC64 with SENATE S5088 CONGRESSIONAL RECORD — SENATE May 5, 2009 than a check on it. Americans do not Dodd/Shelby amendment No. 1018, in the incents them. We are paying them want judges to view any group or indi- nature of a substitute. money to do what is in their best inter- vidual who walks into the courtroom Corker amendment No. 1019 (to amendment est. as being more equal than any other No. 1018), to address safe harbor for certain Most of these large banks actually servicers. hold the second mortgages, not the group or individual. They expect some- Dodd (for Grassley) amendment No. 1020 one who will apply the law equally to (to amendment No. 1018), to enhance the first mortgages. The first mortgages everyone, so everyone has a fair shake. oversight authority of the Comptroller Gen- are the ones I think most of us realize Americans expect, and should re- eral of the United States with respect to ex- have priority. Those are the loans that ceive, equal treatment whether they penditures under the Troubled Asset Relief allowed you to go into and actually are in small claims court or the Su- Program. purchase the home in the first place. preme Court. And any judge who Dodd (for Grassley) amendment No. 1021 Then these banks came along, in some pushes for an outcome based on their (to amendment No. 1018), to amend Chapter 7 cases unwittingly, and participated in of title 31, United States Code, to provide the predatory-type lending. So these own personal opinion of what is fair Comptroller General additional audit au- undermines that basic trust Americans thorities relating to the Board of Governors banks, in essence, own most of the sec- have always had and should always ex- of the Federal Reserve System. ond mortgages, the home equity loans. pect in an American court of law. Mr. DODD. Mr. President, my under- They also own a huge portion of the The President is free to nominate standing is my friend and colleague credit card debt that many of these whomever he likes. But picking judges from Tennessee has an amendment consumers have. We are paying them in based on his or her perceived sympathy which is in order. I am prepared to this bill to actually deal with these for certain groups or individuals under- defer to him. Then when he completes mortgages in a way that is in their mines the faith Americans have in our his remarks, I will respond. best interest. They have the lesser amount of security, but they also have judicial system. So throughout this I believe Senator MARTINEZ of Flor- nomination process, the impartiality of ida may be coming over as well. I un- built-in conflicts of interest where, in judges is a principle that all of us derstand we have an agreement to have essence, if they can do things to cause should strongly defend. a vote at 10:50. Is that correct? these consumers to have the secondary In a nation of laws, the question is The ACTING PRESIDENT pro tem- debt taken care of, it is in their best not whether a judge will be on the side pore. The Senator is correct. interest to do that. I think this is a huge problem. I find of one group or another. It is not Mr. DODD. I yield the floor. ‘‘whose side,’’ the judge is ‘‘on,’’ as a it incredible that we, in essence, in this AMENDMENT NO. 1019 senior Democrat on the Judiciary Com- body would pass a bill where we, in es- The ACTING PRESIDENT pro tem- mittee framed the issue during another sence, are paying the fox to guard a pore. The Senator from Tennessee is debate over a Supreme Court nominee. chicken house that is in their best in- recognized. The issue is whether he or she will terest. That is what this bill does. Mr. CORKER. Mr. President, I rise to apply the law evenhandedly. What our amendment would do is say speak on amendment No. 1019. Let me Once the President chooses his nomi- to these servicers, these people who are start by saying I appreciate the work nee, Senate Republicans will work to taking care of these mortgages, which Senators DODD and SHELBY have done ensure the Senate can conduct a thor- is servicing the first and second mort- to bring the bill to the floor. I know ough review of their record, and a full gage—again, them owning mostly the they are trying to solve a number of and fair debate over his or her quali- second mortgages—what it would do is problems that exist right now as re- fications for the job. This is a responsi- say they have to look at all options, lates to homeowners in our country bility we take seriously, and one that not just the ones cited in the bill. trying to reposition where they are the American people expect us to carry For instance, if a homeowner would with their homes. out with the utmost deliberation. be better served by having forbearance, I know there are a number of issues meaning for reduction of principal or f with HOPE for Homeowners that was something such as that, or maybe a RESERVATION OF LEADER TIME passed last summer that they are try- short sale, something else that might ing to solve. I say to the Senator from be in much better stead for the home- The ACTING PRESIDENT pro tem- Connecticut, I appreciate his efforts. I owner and for the investor, the servicer pore. Under the previous order, the appreciate the efforts of Senator SHEL- doesn’t have to do that. All the leadership time is reserved. BY. servicer has to do in this bill is look at Mr. MCCONNELL. Mr. President, I The amendment I am offering and on one of two programs—the Obama ad- suggest the absence of a quorum. which we will be voting tries to make ministration’s modification program or The ACTING PRESIDENT pro tem- the safe harbor arrangement that ex- the HOPE for Homeowners modifica- pore. The clerk will call the roll. ists in this bill something that is fair tion program, just one, not both—and The assistant legislative clerk pro- to all folks involved in these loans. compare it to foreclosure. If it is better ceeded to call the roll. Most people are aware of pooling ar- off going with one of these two pro- Mr. DODD. Mr. President, I ask unan- rangements where, in essence, there grams, they move it into those pro- imous consent that the order for the are servicers who take care of the in- grams, even though it may not be in quorum call be rescinded. debtedness against a homeowner. They the homeowner’s best interest and even The ACTING PRESIDENT pro tem- pool these together through the though it may not be in those many pore. Without objection, it is so or- securitization that has taken place in Americans across our country who dered. the past in order to deal with home- have these first mortgages in their Mr. DODD. What is the pending busi- owners. There has been great difficulty 401(k)s, not in their best interest. Typi- ness before the Senate? in the past in trying to move programs cally, though, it is going to be in the f along so we can modify these mort- servicers’ best interest, these four gages. large banks that are being paid money HELPING FAMILIES SAVE THEIR The problem with this bill, though, is by this bill to actually pursue this HOMES ACT OF 2009 that under the safe harbor arrange- servicing in a manner that is in their The ACTING PRESIDENT pro tem- ment that has been put in place, it does best interest. pore. Under the previous order, the not necessarily do what is best for the I hope everyone will join me in ask- Senate will resume consideration of S. homeowner and doesn’t necessarily do ing these servicers to not just look at 896, which the clerk will report. what is best for the investors, as many what is in their best interest but to ac- The assistant legislative clerk read Americans have these in their 401(k)s. tually first look and see what is in the as follows: What it does do is an excellent job of best interest of those people who own A bill (S. 896) to prevent mortgage fore- taking care of the large four banks the first mortgages and for those peo- closures and enhance mortgage credit avail- that do the bulk of the servicing: J.P. ple who actually are in these homes ability. Morgan, Wells Fargo, Citigroup, and who are trying to stay in these homes. Pending: Bank of America. This bill actually There are provisions here that actually

VerDate Nov 24 2008 23:38 May 05, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.004 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5089 make it worse for the homeowner, in Let me say to my friend from Ten- fact the borrower would like to get out that, basically, much of the debt gets nessee, I don’t like the situation we are of this situation in an affordable mort- pushed off into 5 years and actually de- in either. This is not the ideal world gage. I would like to get paid some- fers their paying, actually makes their because his point about contracts is a thing in the process. But I will not go situation even worse than it is today. valid one. There is no question. I point- through the kind of litigation that will But in the short term, it might make it ed out there are contracts with second occur if there is not a safe harbor. better, again, for these four large homes and vacation homes and the like Hence, the Martinez amendment. banks. as well. We had no problem with the In these narrow circumstances in- I am somewhat surprised the spon- cram-down with mortgages involved volving 16 percent of this market, and sors of this bill, whom I have a lot of there. We have a prohibition on pri- of which 62 percent are the delinquent respect for and work with on a number mary residences, but we make the ex- mortgages, under two fact situations, of issues, are not accepting this com- ception with other properties. Frankly, the HOPE for Homeowners and the monsense amendment, which says to had we taken the Durbin amendment, Obama mortgage modification plan, we these servicers, who have a contract, that might have minimized the impor- provide for that safe harbor, saying to by the way, for those people whom tance of what we have here. that servicer, if, in fact, you move for- they are servicing these mortgages for, Here is the problem: 10,000 people a ward, we will provide you with that to say that they have to look at day are losing their homes; 20,000 a day harbor and avoid the potential of liti- everybody’s best interest, not their are losing their jobs. The question is, gation, in some cases even frivolous own self-interest, prior to making How can we possibly get the kind of in- litigation. changes in these mortgages. It is pret- centives so the bankers, the servicers, Again, in a perfect world, would I ty astounding to me. I am still not sure the lenders, and the borrowers can like to avoid that and do what my I understand. modify these mortgages? We now have friend from Tennessee wants? Abso- Let me make one other point. Last 11 million homes in this country where lutely. But there are no perfect week we, as a body, both sides of the the mortgage exceeds the value of the choices, and yet there are some poten- aisle in a bipartisan way, turned away property. If we don’t step up soon, tial dangers. I don’t like setting a something called cram-down, which those numbers will explode. We have a precedent. We narrowly define this in gave judges around the country the moratorium on foreclosures in certain time and circumstance, only involving ability to change the terms of a first areas, and that is just building up a those that already occurred, and the mortgage. This body, in a bipartisan backlog that if we don’t end up with problem dies or is sunsetted in Decem- way, said we should not be letting the some means by which that borrower ber of 2012. So this is not a perpetual courts change contracts. That is some- and lender can work out an arrange- program. It is limited to the fact situa- thing that is foreign to an American ment that they can modify the mort- tion, limited to opportunities in order way of thinking. By the way, courts, at gage, we will face a cascading effect to try and provide some relief pri- least judges, are appointed or elected. which most people agree is the root marily to the consumer, to the person They are in positions of public service. cause of our financial difficulties, be- holding that mortgage or the person What this bill does instead is, it pays ginning with predatory lending and having that mortgage who runs the servicers, many of which have contrib- subprime lending that helped create risk of losing their home. uted to this problem in a huge way, to this problem with no-documentation We have tried, for a year and a half, do things that in many cases are in loans, the liar loans and the like. all sorts of different ways. My friend their own self-interest, breaking con- What we have crafted is a rather nar- from Tennessee and the former Sec- tract law, and in many cases hurting row answer. They have a safe harbor retary of Housing and Urban Develop- the homeowner and hurting the inves- provision which is very broad and, ment, Senator MARTINEZ, who knows tors. frankly, it can be narrowed. That is something about these issues, will re- I hope everybody will see the com- what Senator MARTINEZ has done with call we tried, in the spring of 2007, to monsense nature of this amendment. I his proposal. What we are talking hope we can pass this amendment and get these people together to try and about are loans in the private label se- work out things. They promised they cause the work that Senators DODD and curities. That represents about 16 per- would try. They never did. Then we SHELBY have done to improve the situ- cent of what we are talking about. Yet drafted legislation, far from perfect be- ation that exists, to make it even fair- within that 16 percent, in excess of 62 cause we are back today talking about er to all involved. percent of those loans, are seriously de- it, called HOPE for Homeowners. We The ACTING PRESIDENT pro tem- linquent loans. So while it is a rel- tried all sorts of means by which we pore. The Senator from Connecticut. atively small number compared to the could slow down the foreclosure prob- Mr. DODD. Mr. President, I see our total mortgages being written, in colleague from Florida has arrived. I terms of delinquent mortgages, it rep- lem. Regretfully, we have not been as suc- will take a few minutes and then ask resents a fairly significant majority. cessful as we would like. There is no unanimous consent that he be recog- We are narrowly dealing with those. nized as the original author of the safe Then we are talking about two cir- guarantee this will work as well as we harbor provision so he has a chance to cumstances in which they voluntarily would like either. I say that as a co- explain his point of view. can move. That is with the Obama plan author of this bill overall, and I appre- Let me begin. Again, it is not nec- or the HOPE for Homeowners. We are ciate my colleague’s fine comments essarily the most compelling of argu- not limiting it. If people don’t want to about the effort. But it is an attempt ments, but I think it is worthy of note do it, there is no requirement that they to try and provide some space, in these that those organizations who are op- do it. We are trying to remove one of very delinquent mortgages, to provide posed to the amendment of the Senator the great barriers, and that is the fear an opportunity for a modification so from Tennessee include the Consumer of litigation. The servicers are saying: people can stay in their homes, bor- Federation of America, the National We would like to do this. We under- rowers can keep their homes, lenders Community Law Center, the National stand the value of it. We want to get get something back, rather than going Association of Consumer Advocates, paid. Banks want to get paid. Bor- to foreclosure in which the implica- the Housing Policy Council, the Finan- rowers want to stay in their homes. Ev- tions for everyone are devastating. cial Roundtable, the Center for Respon- erybody seems to agree on that. Here is Again, the investor does not have an sible Lending, the Mortgage Insurance the problem: If we end up modifying illegitimate complaint, but in the con- Corporation, mortgage bankers, and this, the investor, not an illegitimate text of balancing these interests, the ABA. This is a pretty rare collec- point, says: Wait a minute, we had a where, again, no one is going to come tion, when we get the major consumer contract with you, Mr. Servicer. You out of this perfect, in a way I think it groups that watch all this stuff very are going to now modify this, violating is in our interest to try and do what we carefully, as well as some of the major our interests as an investor. Therefore, can to keep people in their homes and lending institutions. They never come we are going to sue you. have the lenders be able to get some- together on anything. It is a unique That is the fear. So the servicer says: thing back. Hence, that is why you see moment on this proposal. I am not going near this. I respect the this very unique coming together of

VerDate Nov 24 2008 23:38 May 05, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.003 S05MYPT1 smartinez on PROD1PC64 with SENATE S5090 CONGRESSIONAL RECORD — SENATE May 5, 2009 various interest groups, from the con- rower and the lender—again, we are mittee has said, this is not a perfect sumer advocates to the major lending not interested in anyone coming out of world. We are in a heck of a mess. The associations, saying on this point, they this situation with some enrichment, people in Florida, by the thousands, think this is the right—at least worthy but the idea of slowing down this cas- are having their homes foreclosed. Un- of our attempt to get this right. cading problem of foreclosures, I think employment is almost 10 percent be- Again, I respectfully say to my col- is in everyone’s interest, as my col- cause about 25 percent of Florida’s league from Tennessee, I appreciate his league has pointed out. economy is dependent on building points. He and I talked about this. But Several Senators addressed the homes and on the construction indus- I honestly believe in this case this Chair. try, which is completely stopped, for would be a mistake to accept this The ACTING PRESIDENT pro tem- the most part. amendment and to run the risk of los- pore. The Senator from Tennessee. We are in a situation now where if I ing the opportunity to get that safe Mr. CORKER. Thank you, Mr. Presi- hold a forum in a city such as Fort harbor opportunity. dent. Myers, 450 people show up desperate for With that, I yield to my colleague Let me make one more point. I will a solution to their problem to stay in from Florida. be brief. their home. We have some banks there, The ACTING PRESIDENT pro tem- Mr. MARTINEZ. Point of order, Mr. and we have some people from HUD, pore. The Senator from Tennessee. President. from HOPE for Homeowners—all these Mr. CORKER. Mr. President, if the The ACTING PRESIDENT pro tem- people coming together—to try to work Senator from Florida would allow me pore. Who yields time? things out, and many times it happens. to speak for 1 minute. Mr. MARTINEZ. Mr. President, if I It is not nearly keeping up with the Mr. DODD. Yes. could inquire of the Chair—— rate of foreclosures going on across the Mr. CORKER. Mr. President, I wish The ACTING PRESIDENT pro tem- country, but some are getting worked to make it clear because I think the pore. Who yields time? out. Senator from Connecticut, in doing a The Senator from Tennessee has the How many more would be worked out good job in talking about his position, floor. if we had a safe harbor provision—bal- made it seem as if we are against loan Does the Senator from Tennessee anced—that keeps the investor commu- modifications. Look, there were 134,000 yield to the Senator from Florida? nity from being able to bring legal ac- loan modifications last month. I am all Mr. CORKER. Certainly. Yes. tion against the servicers? I think we for loan modifications. The ACTING PRESIDENT pro tem- would have thousands more. Would the But what this bill does now is it gives pore. The Senator from Florida. country be better off? Absolutely. those four largest banks, and many Mr. MARTINEZ. Mr. President, I Would the homeowner be better off? others, the ability—we are paying would like to be heard and have an op- Absolutely. Would everyone involved them, we are giving them the ability to portunity to join in the discussion rein the business of housing and housing do things that are in their self-interest garding this very important issue. I ap- finance be better off? I submit to you it and not in the homeowners’ self-inter- preciate the fact that the Senator from would be so. est—let me say that one more time: Tennessee has spoken, rebutted, and One of the reasons many of these not in the homeowners’ self-interest— wants to speak again. I appreciate loan modification programs we have and be totally obligation free, with no that. But I would like to have an op- had—and they began in the Bush ad- legal recourse whatsoever against portunity to express my point of view ministration; they have continued now them. at some point. If the Chair could keep in the Obama administration but they What this amendment does is say we that in mind, I would like to do that at have not worked because of the safe are giving them safe harbor, but they some appropriate point. harbor need, because of the legal rami- have to look at a variety of ways to The ACTING PRESIDENT pro tem- fications once a servicer perceives the make sure the homeowner and the in- pore. The Senator from Tennessee. threat of litigation. The safe harbor vestor both are being treated fairly. Mr. CORKER. Mr. President, unless I provisions of this legislation remove This bill is very narrow. It allows them am rebutted, this will be my final that perceived risk. to wash their hands and do things that point. This bill, which includes a safe har- are in their best interest alone, and we I would like to make a point that bor that is lots narrower than the one are paying them to do that with no from the standpoint of the homeowner, in the House version of this bill, makes legal recourse. To me, that is far, far, in many cases, they would be much it clear that so long as a mortgage far more than we should be doing in better off if they were given the oppor- servicer concludes that, from the per- legislation such as this. tunity to refinance, given the oppor- spective of the investors, an approved I thank the Senator. tunity to refinance at a lower rate and loan modification is better than fore- The ACTING PRESIDENT pro tem- a longer amortization with organiza- closure; that is, modification will yield pore. The Senator from Connecticut. tions that provide that opportunity greater value than foreclosure—in Mr. DODD. Mr. President, a quick re- today. other words, the investor is protected sponse. The servicer has no obligation to to a degree—then the servicer cannot The homeowner gets to keep their even look at a refinancing such as that, be held liable for choosing to modify home, hopefully, at a rate they can af- for which in many cases the home- the loan and not foreclose. ford to pay. That is not insignificant, I owner and the investor would be better This legislation strengthens the cur- say with all due respect. The idea there off. That is not a part of this bill. I find rent Federal loan modification guide- is nothing in here that benefits home- that to be a major flaw. lines to assure that only deserving owners—and I am not interested in I yield my time, Mr. President. homeowners benefit from a modifica- helping out the four big banks at all. I I thank the Senator from Florida for tion. Individuals with a net worth of am interested in making it possible for being so patient. more than $1 million cannot qualify for this to avoid litigation. That is what The ACTING PRESIDENT pro tem- a modification. Individuals who have the concern is; that if we are going to pore. The Senator from Florida is rec- been convicted of fraud would also be do this, we run the risk because it vio- ognized. barred. Any participant must certify lates a contract potentially, and if you Mr. MARTINEZ. Mr. President, I did that he or she has not intentionally de- do that, you are subject to a lawsuit; not want the opportunity to pass to be faulted on any other debt before a hence, nothing happens. heard on this issue, and I would be modification is going to be permitted. That is the fear: nothing happens. If pleased to have the Senator from Ten- Unlike the safe harbor provision in the servicers do not act, then you end nessee make a rebuttal after I make the House bill, this bill’s safe harbor up with the borrower losing their my comments. But at some point I did would still permit investors to hold a home, the lender ends up getting noth- wish to have an opportunity to express servicer liable if the servicer acts un- ing out of it at all; and, hence, the rea- my point of view on this issue. reasonably or improperly fails to maxi- son why this safe harbor is designed to Here is the situation we are in. As mize investor value through insti- get us to the point where both the bor- the chairman of the Banking Com- gating a foreclosure. In other words,

VerDate Nov 24 2008 01:23 May 06, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.004 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5091 there will still be a foreclosure if, in of the day. I believe the language in The ACTING PRESIDENT pro tem- fact, it is in the best interest of the in- the bill is superior. It strikes a better pore. The Senator from Connecticut is vestor. balance. It is not as broad as the House recognized. The safe harbor provisions in this bill language, it is not as restrictive as the Mr. DODD. Mr. President, I will take would help to strike the proper balance Corker language, but it hits it just a minute. Let me just say again that I between the future health of residen- about right. have great respect for my colleague tial mortgage credit in this country Mr. President, I yield the floor. from Tennessee. He and I work closely and the rights of investors. The ACTING PRESIDENT pro tem- together on a lot of issues. He is in- I think what we need to understand a pore. Who yields time? valuable as a colleague, as is Senator little better is that the intent of the The Senator from Tennessee. MARTINEZ, former Secretary of Hous- Corker amendment—while it is good; Mr. CORKER. Mr. President, I thank ing, who understands a lot of these and I hate to disagree with the Senator my colleague from Florida, who has issues well, not just from a senatorial from Tennessee, whom I so often find served our country well both as a Sen- perspective but from his previous job myself in full agreement with, but in ator but also as Secretary of HUD and as Secretary of Housing and Urban De- this instance, I must because he re- has tremendous amounts of experience velopment in Washington. quires that all potential alternatives to in this area. We disagree on this issue. Again, this is a program that is lim- foreclosure be evaluated and to select My amendment does not just seek to ited in time, limited in scope. the one that is best for the investor, re- do what is best for the investor. It As both the Senator from Florida and gardless of whether that is in the best seeks to do what is best for the home- I have said, this is far from a perfect interest of the homeowner, before the owner and asks the servicer to not just world in terms of how we have to bal- safe harbor litigation protections are compare one alternative to foreclosure ance the various interests in all of this. triggered. So before the safe harbor but an array of alternatives to fore- I am not unmindful of the fact that we litigation protections are triggered, all closure. are in uncharted waters. We all recog- other options would have to be re- I have to tell you, I know of people in nize as well that we are in uncharted viewed and considered. Basically, there financial distress, as most of us do. I waters in a larger sense. We are in a is no safe harbor at all. I do not think, think I would like for these major time that none of us in this Chamber— if the Corker amendment was adopted, banks that basically are servicing cred- with the exception of my colleague we would see a lesser number of fore- it card debt and home equity loans, I from West Virginia and a couple oth- closures. would like for them to have to look ers—can recall. Our parents and grand- There are two problems with this after the interests of the homeowner parents talked to us about times like amendment. and the investor in every way they can these almost a century ago. The language of the amendment ap- prior to moving to foreclosure. That is While we are taking action here—and pears to fail to achieve its stated in- what this amendment does. I hear my colleague from Tennessee, tent. The current language appears to It is a commonsense amendment. I who made a legitimate point that we require that a servicer evaluate all pos- think we have moved ourselves into a establish precedent here, and I under- sible alternatives to foreclosure but situation now that is potentially stand that. People will look back, as only provides a safe harbor if the worse, as I said before, than what we we have looked back, to previous dec- servicer chooses a government-spon- did the other day, which was that the ades to seek ideas that might help us sored loan modification. other day we rejected giving judges the get back on track again and restore The second problem is it fails to ability to unilaterally change con- that optimism and confidence in our strike the proper balance among the tracts. Now we are going to be paying, country. So we are moving into an area interests of the servicers, the inves- in large portions, the four largest that is new, but as the Senator from tors, and the homeowners. We tried to banks in the country, we are going to Florida pointed out, we are in a time strike a balance among all these combe paying them our money, taxpayer that is new as well. peting interests in what we acknowl- money to do things that in many cases We have tried, as we know, in numer- edge is an imperfect world. are in their best interest and not in the ous ways over the last many months to The current language of the bill is homeowner’s best interest and the in- figure out ways to get at the root of better because it forces servicers to vestor’s best interest. I find that prob- this foreclosure problem. Every idea make a reasonable determination lematic. you can come up with has its short- about whether an investor would be In years to come, if this legislation comings. We have yet to find the per- better off with a loan modification or passes without this amendment, we are fect one that everybody agrees on. If foreclosure. It allows the current loan going to look back and realize we did somebody has it, please let us know be- modification efforts—that allow home- some things that may have sounded cause we are looking for it to get us to owners to remain in their homes—an great in the middle of a crisis but we the point where we can put the brakes opportunity to actually work. did some things that 4 or 5 years from on foreclosures, not because you im- This allows investors to benefit from now we are going to wake up and real- pose a moratorium but because people a modification, where it is appropriate, ize have done great harm to the very can afford their mortgages, lenders are while decreasing the number of fore- homeowners this bill seeks to help. being paid, the economy is moving, closures and increasing the number of Mr. President, I thank you for the credit is flowing, businesses are grow- families who can remain in their time. ing, and joblessness is no longer in- homes. I thank the Senator from Florida and creasing but declining—all of the Some have alleged constitutional the Senator from Connecticut for the things we want to see. concerns about this legislation, and I thoughtful conversations they have put This proposal we have advocated have to tell you, in these kinds of mo- forth. I think this legislation is flawed. here, the safe harbor, in a narrowly ments, I think we do not want to vio- I know there are some other compo- crafted way, limited in time, scope, and late our Constitution, but it is nec- nents of this bill that are very good. As circumstance, we believe will help in essary sometimes we step outside a a matter of fact, I have authored, with that regard. Is it perfect? Far from it. comfort zone, and it is undisputed Con- the major proponent, the Senator from Is it necessary? Absolutely. That is gress has the power to regulate the res- Connecticut, large portions of this bill. why I think you see the collection of idential mortgage industry. We believe But this safe harbor agreement has organizations. I don’t want to over- we are on safe legal grounds in that many problems. I think it is a shame, emphasize this point, but they have and that this does not constitute a tak- if this amendment is not adopted, we come together to say this is an idea ing or even come close to that. are going to end up with a piece of leg- worth trying. Rarely do you get that I believe the well-intended Corker islation that does a lot of good but also kind of cooperation. amendment would not improve the cur- does a lot of harm and sets precedents At least there is some indication that rent situation as it relates to the num- in this country we are going to live to the other body might be willing to ac- ber of workouts that are taking place, regret. cept our language and take this bill, and foreclosure would still be the rule Mr. President, I yield my time. and the other provisions of the bill—

VerDate Nov 24 2008 23:38 May 05, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.006 S05MYPT1 smartinez on PROD1PC64 with SENATE S5092 CONGRESSIONAL RECORD — SENATE May 5, 2009 my colleague is correct—really are im- The clerk will call the roll. (Purpose: To protect the interests of bona portant and are needed immediately. The assistant legislative clerk pro- fide tenants in the case of any foreclosure We don’t need to delay this further. ceeded to call the roll. on any dwelling or residential real property, and for other purposes) That is not a reason to be for or Mr. DURBIN. I announce that the against the amendment, but I just Senator from South Dakota (Mr. JOHN- At the end of the amendment, add the fol- point out that the other side would SON), the Senator from Massachusetts lowing: agree to the Martinez idea. (Mr. KENNEDY), the Senator from West TITLE V—PROTECTING TENANTS AT I ask our colleagues to, at the appro- Virginia (Mr. ROCKEFELLER), and the FORECLOSURE ACT priate time, oppose this amendment— Senator from New Hampshire (Mrs. SEC. 501. SHORT TITLE. and I say that respectfully—so that we SHAHEEN) are necessarily absent. This title may be cited as the ‘‘Protecting can move on to the other amendment Mr. KYL. The following Senator is Tenants at Foreclosure Act of 2009’’. and see if we can reach a final vote this necessarily absent: the Senator from evening or sometime in the morning. SEC. 502. EFFECT OF FORECLOSURE ON PRE- Arizona (Mr. MCCAIN). EXISTING TENANCY. I yield the floor. The PRESIDING OFFICER (Mrs. The ACTING PRESIDENT pro tem- (a) IN GENERAL.—In the case of any fore- GILLIBRAND). Are there any other Sen- pore. The Senator from Florida is rec- closure on a federally-related mortgage loan ators in the Chamber desiring to vote? or on any dwelling or residential real prop- ognized. The result was announced—yeas 31, erty after the date of enactment of this title, Mr. MARTINEZ. Mr. President, how nays 63, as follows: any immediate successor in interest in such much time remains? property pursuant to the foreclosure pursu- [Rollcall Vote No. 178 Leg.] The ACTING PRESIDENT pro tem- ant to the foreclosure shall assume such in- pore. Two minutes 16 seconds. YEAS—31 terest subject to— Mr. MARTINEZ. Mr. President, I Alexander Crapo McConnell (1) the provision, by such successor in in- wish to conclude and follow up on Barrasso DeMint Murkowski terest of a notice to vacate to any bona fide something the chairman said. Bennett Enzi Risch tenant at least 90 days before the effective Bond Graham Roberts date of such notice; and The situation we are in is critical. Brownback Grassley Sessions (2) the rights of any bona fide tenant, as of Striking some balance that reduces Bunning Gregg Shelby foreclosures is worth the risk. The cor- Burr Hatch the date of such notice of foreclosure— Thune (A) under any bona fide lease entered into rosive effect of foreclosures—and all of Coburn Inhofe Vitter Cochran Johanns Wicker before the notice of foreclosure to occupy the the things we have tried have nipped at Corker Kyl premises until the end of the remaining term the issue but have not fixed it. The cor- Cornyn Lugar of the lease, except that a successor in inter- rosive effect of foreclosures continues NAYS—63 est may terminate a lease effective on the this downward spiral of home prices, date of sale of the unit to a purchaser who Akaka Feingold Merkley will occupy the unit as a primary residence, which escalates the problem the banks Baucus Feinstein Mikulski have. Assets were becoming toxic yes- Bayh Gillibrand Murray subject to the receipt by the tenant of the 90 terday, and are today and tomorrow, Begich Hagan Nelson (NE) day notice under paragraph (1); or Bennet Harkin Nelson (FL) (B) without a lease or with a lease ter- because of the decline in home values. Bingaman Hutchison Pryor minable at will under State law, subject to There is a dramatic decline in my Boxer Inouye Reed the receipt by the tenant of the 90 day notice State, and the biggest reason for that Brown Isakson Reid under subsection (1), is foreclosures. Burris Kaufman Sanders except that nothing under this section shall Byrd Kerry Schumer The foreclosures set a new floor on Cantwell Klobuchar Snowe affect the requirements for termination of what the prices in the neighborhoods Cardin Kohl Specter any Federal- or State-subsidized tenancy or are, and that floor then begins to be Carper Landrieu Stabenow of any State or local law that provides what other purchasers are willing to Casey Lautenberg Tester longer time periods or other additional pro- Chambliss Leahy Udall (CO) tections for tenants. pay. That, in effect, then reduces home Collins Levin Udall (NM) equities, reduces the opportunities for Conrad Lieberman Voinovich (b) BONA FIDE LEASE OR TENANCY.—For folks to stay in their homes, and it is Dodd Lincoln Warner purposes of this section, a lease or tenancy Dorgan Martinez Webb shall be considered bona fide only if— a downward spiral we have to stop. Durbin McCaskill Whitehouse (1) the mortgagor under the contract is not This is an effort to try to stop it. Ensign Menendez Wyden the tenant; I am delighted to hear the Senator NOT VOTING—5 (2) the lease or tenancy was the result of say that the House may take our lan- an arms-length transaction; or guage. I think their language is very Johnson McCain Shaheen (3) the lease or tenancy requires the re- Kennedy Rockefeller broad, frankly. What Senator CORKER ceipt of rent that is not substantially less has raised in his concerns would be The amendment (No. 1019) was re- than fair market rent for the property. heightened by the House language. I jected. (c) DEFINITION.—For purposes of this sec- think our language, in its imperfec- Mr. DODD. I move to reconsider the tion, the term ‘‘federally-related mortgage tion, strikes a decent balance among vote and to lay that motion on the loan’’ has the same meaning as in section 3 table. of the Real Estate Settlement Procedures the interests of all parties and perhaps Act of 1974 (12 U.S.C. 2602). will increase the number of workouts The motion to lay on the table was and reduce the number of foreclosures. agreed to. SEC. 503. EFFECT OF FORECLOSURE ON SECTION 8 TENANCIES. I also speak in opposition to the The PRESIDING OFFICER. The Sen- Corker amendment, and I would be ex- ator from Connecticut. Section 8(o)(7) of the United States Hous- ing Act of 1937 (42 U.S.C. 1437f(o)(7)) is cited to see our bill move forward with AMENDMENT NO. 1036 TO AMENDMENT NO. 1018 amended— this provision and the many others Mr. DODD. Madam President, I ask (1) by inserting before the semi-colon in that are helpful. unanimous consent that the pending subparagraph (C) the following: ‘‘and in the I yield the floor. amendments be set aside so I may call case of an owner who is an immediate suc- The ACTING PRESIDENT pro tem- up, on behalf of Senator KERRY, amend- cessor in interest pursuant to foreclosure— pore. All time has expired. ment No. 1036. ‘‘(i) during the initial term of the lease Mr. DODD. Mr. President, so the vacating the property prior to sale shall not The PRESIDING OFFICER. Is there pending matter is the Corker amend- constitute other good cause; and objection? ment? ‘‘(ii) in subsequent lease terms, vacating The ACTING PRESIDENT pro tem- The Chair hears none, and it is so or- the property prior to sale may constitute pore. The Senator is correct. dered. good cause if the property is unmarketable Mr. DODD. Mr. President, I ask for The clerk will report. while occupied, or if such owner will occupy The legislative clerk read as follows: the unit as a primary residence’’; and the yeas and nays on the amendment. (2) by inserting at the end of subparagraph The ACTING PRESIDENT pro tem- The Senator from Connecticut [Mr. DODD], (F) the following: ‘‘In the case of any fore- pore. Is there a sufficient second? for Mr. KERRY, for himself, Mrs. GILLIBRAND, closure on any federally-related mortgage There is a sufficient second. and Mr. REID, proposes an amendment num- loan (as that term is defined in section 3 of The question is on agreeing to the bered 1036 to amendment No. 1018. the Real Estate Settlement Procedures Act amendment. The amendment is as follows: of 1974 (12 U.S.C. 2602)) or on any residential

VerDate Nov 24 2008 01:23 May 06, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.007 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5093 real property in which a recipient of assist- that was passed by the Banking Com- ticipants in the financial industry ance under this subsection resides, the im- mittee on a voice vote in an amend- themselves, the depository institu- mediate successor in interest in such prop- ment to the credit card legislation we tions, are the source of the dollars that erty pursuant to the foreclosure shall as- will be looking at later on. would cover this loan authority. I sume such interest subject to the lease be- think most people understand, but tween the prior owner and the tenant and to I come to the floor simply to make the housing assistance payments contract note of how important it is that we what happens in the case of a failing between the prior owner and the public hous- continue to pursue this legislation and institution is the FDIC steps in imme- ing agency for the occupied unit, except that to thank Senator DODD for working so diately and protects all depositors so this provision and the provisions related to closely with me to make sure it hap- the depositors can have that assurance foreclosure in subparagraph (C) shall not pens. When you look at today’s eco- of the Federal guarantee of their depos- shall not affect any State or local law that nomic climate and the threats facing its in these depository-protected insti- provides longer time periods or other addi- us in the financial industry, we have to tutions. Then the FDIC basically works tional protections for tenants.’’. provide the necessary tools to our fi- out the resolution of the remaining as- SEC. 504. SUNSET. nancial institution regulators so they sets of the failed institution and the This title, and any amendments made by banking institution itself. Other de- this title are repealed, and the requirements can protect us as best they can. One under this title shall terminate, on Decem- important piece—and I am glad to say positors, through their assessments, ber 31, 2012. one of those pieces about which there pay for the cost of the operation of this program. We are simply increasing the Mr. DODD. I thank the Chair, and let is very little controversy—is the need borrowing authority to make sure the me just say to my colleagues—and I see to make sure we strengthen the FDIC FDIC and the NCUA have the resources my friend, Senator SHELBY, on the and NCUA to make sure they can unnecessary to deal with these very dif- floor of the Senate as well—that we are dertake their statutory responsibilities in the context of failing institutions. ficult and challenging times. open for business, as the expression In addition, the borrowing authority goes. We have a number of amend- I would be remiss if I didn’t say I wish to be sure that both the FDIC and would allow the FDIC and the NCUA to ments—a significant number—on which lower their recent special assessments I think we might be able to reach NCUA are very careful in the exercise of these authorities, to make sure they that went out to the banking and cred- agreement. We are not quite there on it industry. In other words, this would those, but we can do that. There are do not do more harm than good and harm institutions that could otherwise allow us to kind of smooth out that several that require votes, and the process by which the depository insti- have survived, by stepping in. But leadership would obviously like to tutions themselves fund this process when the true need comes, they need to complete this bill this evening, if it is and not create huge liquidity and fi- possible. have the authority. This language deals with significant nancial pressures on the banks that are My good friend from Alabama has not facing the potential of any kind of been a good partner in all of this, in reforms that need to be undertaken, and undertaken as soon as possible, so FDIC intervention but which are being working on this, and so we invite all looked to to bear the cost of these our regional banks do not face very sig- those with amendments to come over. problems as we move forward. nificantly increased levies and require- We can offer them, debate them, and The language ensures that the FDIC possibly reach agreement on them as ments for funding the FDIC and NCUA and the NCUA have the resources nec- well and adopt them as part of the bill. operations. essary to address future contingencies It would permanently increase the So I would just make that point. and to fulfill the Government’s com- Federal Deposit Insurance Corpora- I see one of my colleagues on the mitment to protect America’s deposi- tion’s borrowing authority from their Senate floor but who is maybe not tories. ready yet, so I will suggest the absence current level of $30 billion to $100 bil- As I said at the outset, I wish to be of a quorum until we get someone to lion, with additional authority, that is sure the NCUA and the FDIC are very show up. temporary, to allow them to get up to careful in the utilization of the au- The PRESIDING OFFICER. The $500 billion in the case of emergency thorities we have given them. There clerk will call the roll. circumstances. are some concerns already being raised The legislative clerk proceeded to It would permanently increase the about the fact that perhaps the stress call the roll. borrowing authority of the NCUA from test and some of the other analysis Mr. CRAPO. Madam President, I ask the current $100 million, with author- that is being put into place and the unanimous consent the order for the ity for a temporary increase up to $30 evaluation of the solvency of our banks quorum call be rescinded. billion. The temporary authority for need to be fine-tuned so we do not un- The PRESIDING OFFICER. Without both the FDIC and the NCUA could necessarily utilize these authorities objection, it is so ordered. The Senator only be used if determined necessary in where a better resolution, better ac- from Idaho is recognized. the FDIC Board of Directors’ written tivities can be pursued. But when it Mr. CRAPO. Madam President, I am recommendation and support of two- does become necessary, we need to be coming to the floor to thank Chairman thirds vote; the Board of Governors for sure our depositors are protected. Once DODD for working with us on some im- the Federal Reserve system, with writ- again, I thank Senator DODD for his portant pieces of this legislation. In- ten recommendations and support of strong support and work on this issue. cluded in this legislation is the in- two-thirds vote; and the Secretary of There is another issue I have been creased borrowing authority for both the Treasury, in consultation with the working on with Senator DODD. I wish the FDIC and the NCUA, so they can President. to make it clear that the frustration I immediately access the necessary re- The FDIC and NCUA need to have ac- am going to share right now is not di- sources to resolve failing banks and cess to sufficient resources to deal with rected at him because he has been credit unions and provide timely pro- the potential costs for seizing failing working very hard to address this same tection for insured depositors. Earlier institutions we are facing in our coun- issue and trying to resolve it. But I do this year, Senator DODD and I joined in try right now. Assets in the banking believe it needs to be said that there is introducing legislation that would in- industry have increased since 1991 from another piece of the issue we must re- crease the borrowing authority of the $4.5 trillion to $13.6 trillion at the same solve. FDIC, and since that time we have ex- time that no increases in this bor- Earlier, on previous legislation, lan- panded that legislation to provide par- rowing authority have been authorized. guage was included dealing with depos- allel authority for the NCUA, for credit The assets in the credit union industry itory institutions that gave the FTC unions, and to include an assumption have also significantly increased since much broader jurisdiction than it in the budget resolution about the need their borrowing authority levels were should have had with regard to deposi- to pass legislation to ensure adequate established. tory institutions. The language was in- resources are available to the FDIC and It is important to note that this bor- tended to give broader jurisdiction and the NCUA. rowing authority is not coming from clarification of jurisdiction to the This legislation is similar to what is taxpayer dollars. The levies and the as- FTC’s regulation of other, nondeposi- included in the Dodd-Shelby substitute sessments that are made on the par- tory institutions, but the way the

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(6) The Department of the Treasury should We stood on this floor, a number of us hopefully we will, this evening, com- not reuse returned funds for additional lend- Senators stood on this floor and point- plete work on this bill and send it off. ing for financial assistance. ed out that was not intended by the I am hopeful about the other body (7) The United States Constitution pro- bill and that we would correct it. In which, I am told, has looked on our ef- vided Congress with the power of the purse fact, we said we would correct it at the forts here with approving eyes, so we hence any future spending of TARP funds, or first available opportunity. Now we are may be able to get it signed into law other financial assistance, should be deter- seeing opportunities arrive, and we pretty quickly. mined by Congress. cannot reach a conclusion with regard Mr. CRAPO. I thank the Chairman. I SEC. 503. TARP AUTHORIZATION REDUCTION. to the necessary correction of the leg- look forward to working with him. Section 115(a)(3) the Emergency Economic islation that gives unnecessary and Mr. DODD. I suggest the absence of a Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) is amended by inserting ‘‘minus any confusing dual jurisdiction to the FTC quorum. amounts received by the Secretary for repay- now over depository institutions, The PRESIDING OFFICER. The ment of the principal of financial assistance which was not intended by this Con- clerk will call the roll. by an entity that has received financial as- gress and which will not be helpful, in The legislative clerk proceeded to sistance under the TARP or any program en- terms of creating a duplicate regu- call the roll. acted by the Secretary under the authorities latory system with which our regu- Mr. THUNE. Madam President, I ask granted to the Secretary under this Act,’’ be- latory institutions must deal. unanimous consent that the order for fore ‘‘outstanding at any one time.’’ Again, I stand and call for us to do the quorum call be rescinded. Mr. THUNE. Madam President, the what we agreed to do, which is to fix The PRESIDING OFFICER. Without amendment I offer today essentially the FTC issue and make sure we care- objection, it is so ordered. follows along with the bill I introduced fully clarify the jurisdiction of the ap- AMENDMENT NO. 1030 TO AMENDMENT NO. 1018 earlier called the TARP Reduction Pri- propriate committees and the jurisdic- Mr. THUNE. Madam President, I ask ority Act. Essentially, this amendment tion of the appropriate regulators over unanimous consent to call up and reduces TARP authority by any depository institutions. make pending amendment No. 1030. amount of principal returned by a fi- I yield the floor. The PRESIDING OFFICER. Without nancial institution to the Treasury. The PRESIDING OFFICER. The Sen- objection, the pending amendment is Again, by way of background, I spoke ator from Connecticut is recognized. set aside. The clerk will report. to this amendment a little bit last Mr. DODD. Madam President, before The legislative clerk read as follows: week. On October 7, 2008, as we all my colleague leaves the floor, I thank The Senator from South Dakota [Mr. know, Congress passed the Troubled him as well. He has been a senior Mem- THUNE] proposes an amendment numbered Asset Relief Program, or TARP, as ber of the Banking Committee and has 1030 to amendment No. 1018. part of the Emergency Economic Sta- been an invaluable asset and partner Mr. THUNE. I ask unanimous con- bilization Act, authorizing $700 billion on these issues. He understands regu- sent that the reading of the amend- for the purchase of toxic assets from latory reform as well as anyone and ment be dispensed with. banks with the goal of restoring liquid- has dedicated a good part of his service The PRESIDING OFFICER. Without ity to the financial sector and restart- on the committee to that issue. It was objection, it is so ordered. ing the flow of credit in our markets. a pleasure to work with him on the The amendment is as follows: The Department of the Treasury, issues he has mentioned in this bill, (Purpose: To require the Secretary of the without consultation with Congress, dealing with the FDIC and the Na- Treasury to use any amounts repaid by a changed the purpose of TARP and tional Credit Union Association. We financial institution that is a recipient of began injecting capital into financial are providing these resources. We think assistance under the Troubled Asset Relief institutions through a program called we have built in some pretty good safe- Program to reduce the reauthorization the Capital Purchase Program rather guards so these guidelines will not be level under the TARP) than purchasing toxic assets. exceeded, but the best safeguards are At the end of the amendment, add the fol- Financial lending was not increased for the institutions themselves to be lowing: with implementation of the CPP, and cautious and prudent in utilization of TITLE V—TARP REDUCTION PRIORITY $218 billion, I believe, has been allo- these resources as well. ACT cated thus far, despite the goal of the I underscore and endorse his com- SEC. 501. SHORT TITLE. program. These institutions receiving ments on that point and I thank him This title may be cited as the ‘‘TARP Re- funding through the CPP are now faced immensely for his work on the bill, duction Priority Act’’. with additional restrictions related to making it possible for us to arrive SEC. 502. FINDINGS. accepting those funds. where we are this morning. Congress finds the following: A number of community banks and Lastly, I join him as well in his con- (1) On October 7, 2008, Congress established financial institutions have expressed cerns about the Federal Trade Commis- the Troubled Asset Relief Program (TARP) as part of the Emergency Economic Sta- their desire to return the CPP funds to sion issue that I thought we success- bilization Act (Public 110-343; 122 Stat. 3765) the Department of the Treasury, and fully resolved in the colloquies we had and allocated $700,000,000,000 for the purchase Treasury has begun the process of ac- here. Unfortunately, that was not, ap- of toxic assets from banks with the goal of cepting receipt of these funds. How- parently, the case. We are still working restoring liquidity to the financial sector ever, because of the financial stress at this. I want you to know Senator and restarting the flow of credit in our mar- test that Treasury is currently con- CRAPO’s office is directly involved with kets. ducting, it is possible Treasury will re- ours and others we are negotiating (2) The Department of Treasury, without strict banks from returning funds they with and will obviously pursue this consultation with Congress, changed the purpose of TARP and began injecting capital received from the Capital Purchase matter. I am hopeful we can resolve it into financial institutions through a pro- Program. amicably but, if not, there will be a gram called the Capital Purchase Program In his testimony before the TARP moment in the not-too-distant future (CPP) rather than purchasing toxic assets. Congressional Oversight Panel on April we will have to vote. I would like to (3) Lending by financial institutions was 21, 2009, Secretary Geithner stated that work things out to everyone’s satisfac- not noticeably increased with the implemen- Treasury estimates $134.6 billion of tion without that, but if that is the tation of the CPP and the expenditure of TARP funds are still available. In that case, we will have to do that. I join $218,000,000,000 of TARP funds, despite the figure, he includes $25 billion which with him. I think the jurisdiction is goal of the program. Treasury expects to receive back from (4) The recipients of amounts under the clear on that matter, and I think most CPP are now faced with additional restric- banks under the CPP. agree with us, but, obviously, from tions related to accepting those funds. Geithner also stated that he believed time to time, you need to bring these (5) A number of community banks and the $25 billion is a conservative number matters to a head and actually have a large financial institutions have expressed and that private analysts predict more

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So keep in mind this re- cial institutions, if they choose to do amendment. What all of us want, with- striction applies only to Treasury’s it—and that is going to be in consulta- out exception, is to have this TARP issuance of new loans and does not tion with Treasury—if the funds come money come back. This is taxpayer cover the reuse of previously issued as- back in—and according to Secretary money that went out last fall to shore sistance that was returned to the Geithner, about $25 billion of the up the financial system, to make it Treasury. amount they say is available under possible for the financial system to get So, essentially, my argument for why TARP, still available to lend, consists stabilized and provide resources to ei- this piece of legislation, this amend- of moneys being paid back by financial ther purchase toxic assets or legacy as- ment, is important is, until the Decem- institutions—that when those moneys sets, as well as to make capital investments in order to provide stability to ber 31, 2009, expiration date or possibly come back in, they should reduce the institutions that were at risk of be- longer, as I said earlier, if the Sec- amount, the principal amount of TARP coming completely insolvent or going retary is granted an extension, without available to be used. out of business entirely. History will this legislation Treasury can continue Again, I offered a similar amendment ultimately judge whether that decision to use TARP funds, including those re- to the fraud recovery bill a couple was the right one or the wrong one. I paid, in any manner they see fit. weeks ago. In that case, I offered it happen to believe it was right. Most This is certainly not what Members with the intention of having any funds people concluded that it was, that had of Congress envisioned when this legis- paid back under TARP by financial in- we not taken that step, as difficult as lation passed last year. These are tax- stitutions to be dedicated to paying it was, with the warnings of the Fed- down the public debt—in other words, payer dollars. They should not become eral Reserve Board and others that the to debt reduction. Under that arrange- a discretionary slush fund for Treas- financial system, in fact, globally, ment, it was considered not to be ger- ury. Under the Constitution, Congress could melt down if we did not act controls the power of the purse, and mane. So when cloture was filed, it fell quickly—it was awfully difficult in there are major concerns regarding the postcloture. It was not, therefore, able that environment to know exactly Treasury’s handling of TARP funding. to be voted on. We worked with folks what was best. But given the time con- If the Treasury Department believes it who are involved in trying to make straints and the importance of the needs additional funding to address sure this is germane, that it fits within issue, this body acted. I think we did so problems in the financial sector, they the parameters of the bill under consid- appropriately and properly. should come to Congress to get that eration. It addresses it in a slightly dif- The good news is that it is showing authority. ferent way; that is to say, whatever some glimmer of hope. I don’t want to The inspector general, Neil Barofsky, TARP funds are repaid, it reduces the overstate the case, but there are some stated in his quarterly report to Con- amount of TARP authority available indications that this is beginning to gress that 12 separate programs are to be used. work. Not that it will resolve itself being funded under TARP involving up I hope my colleagues will support overnight, but certainly it is beginning to $3 trillion of Government and public this amendment. It is a responsible to show the possibility of getting cred- funds. Amazingly, this is the equiva- thing to do. These are taxpayer dollars. it once again moving. lent to the size of the entire Federal Many of us, when we supported this The Senator from South Dakota of- budget, certainly not what Congress last fall, had an understanding about fers an amendment that has a certain was told the funding would be used for. how the funds would be used. They attractiveness, the idea that TARP Mr. Barofsky also mentioned on were used differently. It would appear money now coming back, as much as April 4, 2009, the CBO report which es- at this point that much of the moneys maybe $25 billion, maybe more—cer- timated that TARP will cost the Gov- put out under the program, which at tainly, we hope a lot more ultimately ernment $356 billion, meaning the the time we were told would be paid will come back into the coffers of the Treasury will only be able to recover back, that will not be the case. As Government—what do we do with that about $344 billion, or approximately 49 much as half or more of this is prob- TARP money at this juncture? If we percent of the $700 billion that was ably going to be lost. adopt the amendment of the Senator originally authorized. When this pro- It seems to me the dollars that are from South Dakota, it would take gram, as I said earlier, was initially paid back should not be recycled or re- those resources off the table. We pitched to Congress, Secretary Paulson used. They ought to reduce the amount couldn’t use them. What does that argued that the Government could end of TARP lending authority that is mean? It would mean that just at a up making money once the toxic assets available. time when the so-called stress tests are were sold, after the economy recovered. It is a fairly straightforward amend- being conducted—and none of us knows Clearly, based on what the inspector ment. I urge colleagues to support it. and won’t know until this Thursday general is saying, that does not appear At the appropriate time, I will ask for how many of these 19 institutions will to be the case. the yeas and nays. actually need additional capital. We Because if the numbers CBO is using I yield the floor. hope none do, but I suspect some will. are correct, they are estimating that The PRESIDING OFFICER. The Sen- If that is the case, where does it come TARP will cost the Government $356 ator from Connecticut. from? billion, and therefore only about $344 Mr. DODD. Madam President, I I know this much about our col- billion or 49 percent of it will actually thank my colleague from South Da- leagues: Whether you serve on one side be recoverable of the original $700 bil- kota. I appreciate his cooperation in or the other, none of us would rather lion. getting the amendment up and having go back and have to vote again on yet Barofsky’s report spans 247 pages. It a chance to debate it. It is my under- another tranche of TARP money. says that: standing, even though the debate may Wouldn’t it be wiser, since the pre- The very character of the program makes not last long on this, there will be a viously passed legislation allows for it inherently vulnerable to fraud, waste, and vote probably sometime around 2:15. any money that comes back into the abuse, including significant issues related to That is the plan right now. So while we Government from these institutions re- conflicts of interest facing fund managers, may not exhaust a lot of time when we paying the TARP money, to recycle collusion between participants, and vulnera- come back at 2:15, I ask unanimous that money rather than coming back bilities to money laundering. consent that there be 2 minutes equal- again and asking for additional money, It would seem irresponsible to con- ly divided between the Senator from which we may very well be asked to do tinue recycling money in the TARP if South Dakota and myself for the ben- very quickly?

VerDate Nov 24 2008 23:38 May 05, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.013 S05MYPT1 smartinez on PROD1PC64 with SENATE S5096 CONGRESSIONAL RECORD — SENATE May 5, 2009 My concern with the amendment is, gle credit and it does not move, then the insurance fund, as well as to the just at the very hour that we may need the people whom we care most about— national credit unions across the coun- some additional resources to either fur- the small businesses on Main Street, try. There are a lot of entities that do ther capitalize or purchase toxic as- that home purchaser, that other person need this kind of help. It is a major sets, in either case to allow our eco- out there struggling at this hour, when step in getting our economy moving in nomic recovery to move forward, we you are losing 20,000 jobs a day, 10,000 the right direction. This amendment would be removing those resources al- homes every day through foreclosure, would set that effort back and jeop- together, once again forcing this insti- not to mention retirement accounts ardize this legislation from being tution to allocate additional resources. and other problems—at the very hour adopted quickly at a time when we The more prudent step to take would that things seem to be just limping need it. With respect to the author of be to utilize these resources coming ever so slightly in the right direction, the amendment, knowing his inten- back at this critical moment in order to deny these moneys to reinvest in the tions and his motivations are certainly to get this program working. program and make it work and depend understandable, I think it is the wrong Why is that important? It isn’t just upon the outcome of a vote here to pro- choice at this hour. about the financial institutions. In vide additional resources would be the I yield the floor and suggest the ab- fact, if it were only about that, I sus- wrong step in the wrong direction. The sence of a quorum. pect I know where 99 or 100 of us would very people we want to see get back on The PRESIDING OFFICER. The be on that issue. The question isn’t so their feet again would be the victims. clerk will call the roll. much what happens to these major in- We have a tendency to focus on The bill clerk proceeded to call the stitutions in and of themselves; it is whether these institutions are deserv- roll. what happens to the people who depend ing of help. My colleagues may be di- Mrs. GILLIBRAND. Mr. President, I upon them, those small businesses, vided on that point. I don’t think we ask unanimous consent that the order midsize businesses that need credit are divided on whether we want to see for the quorum call be rescinded. The PRESIDING OFFICER (Mr. lines in order to buy inventory, to pay the people who need the institutions DODD). Without objection, it is so or- employees. What happens to people get help. There, I think we all agree. dered. who are seeking a mortgage, buying an So at the very hour we agree about Mrs. GILLIBRAND. Mr. President, I automobile, dealing with student helping them, we deny them the ability commend the debate and the Presiding loans, dealing with credit card debt? to get the help they need by depriving Officer’s amendment and Senator All of these issues are affected by what these resources to be reinvested in the KERRY for his amendment on address- happens in the financial system as a acquisition of the very assets that are ing these issues of foreclosure. They whole. These are not separate entities making it difficult for credit to move. are so significant in New York, and we disconnected to the overall well-being That is the reason I am asking my col- need action from Congress and the of the economy. If you could divorce leagues to reject the amendment when leadership of President Obama on this them from the well-being of the econ- the vote occurs at 2:15. issue. omy, most would say amen and do so. Again, we will know on Thursday This year, Congress and the adminis- But to suggest so is to not understand how many of these lending institutions tration have taken a number of actions how the financial system has to oper- are so-called ‘‘passing the stress test.’’ to help our homeowners weather this ate. My hope is that a majority of them are housing crisis. We have worked to ex- At the very moment that we as a na- and that there would be very few, if pand foreclosure counseling services, tion need to keep this ball moving in a any, that need more capital. I suspect provide homeowners with incentives to direction that allows for the financial there will be some that do. Which is write down their debts, and to give system to shed the toxic, clogging as- the better choice at that moment—to local governments and States the tools sets that are freezing up the cir- take some of this TARP money that they need to tackle this housing crisis. culatory system financially, we would has come back and put that to use or These efforts will help thousands of be stepping back and forcing an insti- take that off the table and have to homeowners in my home State of New tution to vote for additional resources. come back up here and seek a majority York avoid losing their home. Home- My political barometer tells me there vote or a 60-vote margin? What is the owners are also not the only folks af- are not the votes. I think most of my likelihood of that occurring? If it is not fected by this housing crisis. Across colleagues know that. At this juncture, likely to occur and we stall out in this the country, thousands of tenants who we need to see a lot more about how recovery, all of us would regret that. rent their homes have also been af- this program is working before this in- So I appreciate very much the spirit fected. stitution is likely to vote again for an with which Senator THUNE offers the I remember talking to one friend up additional allocation of taxpayer amendment. We all agree we would like in Warren County, and he said to me: money for the program. It may come to this money back. We would like it back Can you please look out for the rent- a point where the President will ask us with interest. We would like to ers? We suffer in these times as well. for that. But I don’t think we want to strengthen our economy, restore that And that is exactly right. jump to that option, particularly if we confidence and optimism that is crit- More than 30,000 renters across New have resources coming off the TARP ical for the success of the Nation. But York who are dutifully paying their program that could be recycled for the we also recognize, as do most Ameri- rent on time every month may face next 11 months or so and that we can cans, that we have a time to go before eviction because they live in a building properly use at a moment that it is this is going to result in the recovery that is about to be foreclosed. It is esti- needed. we would all like to see. This decision, mated that as much as 50 percent of That is the reason I will ask my col- at this juncture, could stall or set that foreclosures have renters involved in leagues to respectfully reject this effort back, not just days and weeks those properties. amendment. At this very hour, the last but months. None of us wants to be a These tenants have almost no rights thing we need to be doing is deny the party to that. when a bank seizes their home. Fami- Treasury Department and others the With those thoughts, at the appro- lies without the means to find tem- resource capacity to respond to a situa- priate time I will ask my colleagues to porary housing or to move into another tion. vote against the Thune amendment unit can literally get kicked out on the It is in one sense, on one level, about and move on to the remaining amend- street because the landlord has failed the financial institutions. But in a far ments which we hope we can clean up to meet his payments or his or her ob- more profound and important way, it is this afternoon and finish voting on this ligations. about the people who depend upon very important bill. This is a bill that For any family this is a horrible these institutions for their economic is very important to our community tragedy and something that is very dif- livelihood, their economic well-being, bankers, to our folks out there trying ficult to manage. For a low-income their economic survival. That is not an to resolve how they can stay in their family with limited resources and exaggeration. Most businesses need homes. It is very important to the Fed- without another place to stay, it is cat- credit in order to operate. If you stran- eral Deposit Insurance Corporation, astrophic. Families without the means

VerDate Nov 24 2008 23:38 May 05, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.014 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5097 to find a temporary housing arrange- now 2 minutes of debate equally di- spectfully say to my friend from South ment or to move into another unit can vided on amendment No. 1030 offered by Dakota. be kicked onto the streets just because the Senator from South Dakota, Mr. This amendment could not come at a their landlord failed to pay on time. THUNE. worse time. We are going to need the This is wrong, and I am proud to Who yields the time? The Senator capital for institutions that need help. partner with the Presiding Officer and from South Dakota. They need help. I am not interested in Senator KERRY to pass new protections Mr. THUNE. Mr. President, very them. I am interested in their ability for those families. This amendment briefly, to summarize, what my amend- to provide credit to homeowners, small would allow any tenants in a foreclosed ment does is reduce TARP authority businesses, and student loans. The building the right to live out their by any amount of principal returned by credit system is frozen. We need to lease, providing them with the same a financial institution to the Treasury unfreeze it. If you deny the ability to protections any other renter would Department. This amendment, as I said invest these TARP dollars into buying have. For a family without a lease, the before, is necessary because until the assets and providing capital, it seems amendment would guarantee a min- December 31, 2009, expiration date, and to me you slow down or set back that imum of 90 days’ notice so that renters possibly longer if the Secretary is process considerably. have the time and the resources to find granted an extension without this leg- For those reasons, I urge my col- a new home. islation, Treasury can continue to use leagues to vote against the amend- As the housing crisis becomes more TARP funds, including those repaid, in ment. I thank my colleague for the in- and more widespread, we need to make any manner they see fit. tention behind it. sure we are not just helping home- These are taxpayers’ dollars. They Have the yeas and nays been ordered? owners stay in their homes but also should not become a discretionary The ACTING PRESIDENT pro tem- helping the thousands of tenants who slush fund. These are dollars that, pore. The yeas and nays have been or- are hit just as hard or even worse as a when they are repaid to the Treasury dered. result of this crisis. by the financial institutions, ought to The question is on agreeing to Mr. President, I suggest the absence be used to reduce the amount of TARP amendment No. 1030. The clerk will of a quorum. funding authority that is available. call the roll. The PRESIDING OFFICER. The As of May 1, the new administration The legislative clerk called the roll. Mr. DURBIN. I announce that the clerk will call the roll. has accumulated $580 billion of new Senator from Montana (Mr. BAUCUS), The bill clerk proceeded to call the debt. That is about $5.5 billion new the Senator from South Dakota (Mr. roll. debt per day. I understand we should JOHNSON), the Senator from Massachu- Mr. DODD. Madam President, I ask not be tying Treasury’s hands when we setts (Mr. KENNEDY) and the Senator unanimous consent that the order for are still in the midst of a financial cri- from West Virginia (Mr. ROCKEFELLER) the quorum call be rescinded. sis, but Congress has the responsibility are necessarily absent. The PRESIDING OFFICER (Mrs. to decide how the tax money is spent, not the administration. If more money The ACTING PRESIDENT pro tem- GILLIBRAND). Without objection, it is so pore. Are there any other Senators in ordered. is needed in the financial sector, then Treasury needs to present a plan to the the Chamber desiring to vote? Mr. DODD. Madam President, I ask The result was announced—yeas 47, Congress and let those of us elected by unanimous consent that at 2:15 p.m. nays 48, as follows: the taxpayers decide whether addi- there be 2 minutes of debate equally di- [Rollcall Vote No. 179 Leg.] vided between Senators THUNE and tional tax dollars should be placed at YEAS—47 DODD or their designees; that upon the risk or spent. use or yielding back of time, the Sen- That is what the amendment would Alexander Dorgan McCain do. I urge my colleagues to adopt it. Barrasso Ensign McConnell ate proceed to a vote in relation to Bennett Enzi Murkowski Thune amendment No. 1030 and that I ask for the yeas and nays. Bond Feingold Nelson (NE) there be no amendments in order to the The ACTING PRESIDENT pro tem- Brownback Feinstein Pryor Bunning Graham Thune amendment prior to the vote. pore. Is there a sufficient second? Risch There is a sufficient second. Burr Grassley Roberts The PRESIDING OFFICER. Without Cantwell Gregg Sessions The yeas and nays were ordered. Chambliss Hatch objection, it is so ordered. Shelby The ACTING PRESIDENT pro tem- Coburn Hutchison Snowe Mr. DODD. With that, Madam Presi- Cochran Inhofe dent, I suggest the absence of a pore. The Senator from Connecticut. Tester Mr. DODD. Mr. President, I want to Collins Isakson quorum. Corker Johanns Thune Vitter The PRESIDING OFFICER. The take 1 minute. Let me say to my col- Cornyn Kyl leagues, all of us would like to see the Crapo Lincoln Voinovich clerk will call the roll. DeMint Martinez Wicker The bill clerk proceeded to call the TARP money come back and we recap- NAYS—48 roll. ture all of it. The danger in all this Mr. REID. Madam President, I ask right now, with the stress test coming Akaka Hagan Mikulski Bayh Harkin Murray unanimous consent that the order for out on Thursday, is to be utilizing the TARP money rather than having to ap- Begich Inouye Nelson (FL) the quorum call be rescinded. Bennet Kaufman Reed The PRESIDING OFFICER. Without propriate more money, it seems to me, Bingaman Kerry Reid objection, it is so ordered. to utilize TARP money to buy toxic as- Boxer Klobuchar Sanders sets and make the capital investments Brown Kohl Schumer f Burris Landrieu Shaheen is what we want to do. The last thing Byrd Lautenberg Specter RECESS we want to do is come back here and Cardin Leahy Stabenow vote for additional money. Here is a Carper Levin Udall (CO) The PRESIDING OFFICER. Under moment when it is critically important Casey Lieberman Udall (NM) the previous order, the Senate stands Conrad Lugar Warner that we take advantage of the re- Dodd McCaskill Webb in recess until 2:15 p.m. sources to continue the program, so Durbin Menendez Whitehouse Thereupon, the Senate, at 12:30 p.m., that we buy the assets, invest the cap- Gillibrand Merkley Wyden recessed until 2:15 p.m., and reassem- ital necessary to get us out of this NOT VOTING—4 bled when called to order by the Acting mess. At the very moment we want to Baucus Kennedy President pro tempore. be doing that, we will be back here vot- Johnson Rockefeller f ing. I do not need to tell my colleagues, The amendment (No. 1030) was re- if we need new TARP money, how dif- HELPING FAMILIES SAVE THEIR jected. ficult that would be. To avoid going Mr. DODD. I move to reconsider the HOMES ACT OF 2009—Continued down that road, utilizing the money vote and to lay that motion on the AMENDMENT NO. 1030 that has come back from these inter- table. The ACTING PRESIDENT pro tem- ests that have gotten their money The motion to lay on the table was pore. Under the previous order, there is makes a lot more sense to me, I re- agreed to.

VerDate Nov 24 2008 23:38 May 05, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.016 S05MYPT1 smartinez on PROD1PC64 with SENATE S5098 CONGRESSIONAL RECORD — SENATE May 5, 2009 The ACTING PRESIDENT pro tem- rorist-trained detainees could be com- sells the loan to another entity, you pore. The Senator from Connecticut. ing to American communities. can lose track and not know who actu- Mr. DODD. Mr. President, we are Last week the Obama administration ally owns your mortgage. So we are waiting for someone to come with an admitted as much. Defense Secretary doing a very simple amendment—and I amendment. In the meantime, I sug- Gates testified before our Senate Ap- thank Senator DODD and staff, because gest the absence of a quorum. propriations Defense Subcommittee they have worked so closely with us to The ACTING PRESIDENT pro tem- that as many as 100 Guantanamo de- draw this up in a good way. It is very pore. The clerk will call the roll. tainees could be coming to the United easy: When your mortgage is sold or The legislative clerk proceeded to States. Whether these terrorists are transferred, the homeowner must be in- call the roll. coming to a prison in nearby Kansas or formed who owns that mortgage. This Mr. BOND. Mr. President, I ask unan- a halfway house in a city in Missouri is the way it used to be years ago. I re- imous consent that the order for the or any other State, I can tell you this: member many times receiving those quorum call be rescinded. Americans do not want terrorists in notices but suddenly it stopped hap- The ACTING PRESIDENT pro tem- their neighborhoods. pening. pore. Without objection, it is so or- That is why, when we put it to a I want to give you the example of dered. vote, the Senate voted 94 to 3 against James and Mary Meyers, who took out Mr. BOND. I ask to be permitted to importing detainees to American soil, a high-rate home loan with Argent speak as in morning business for up to even if that meant deporting them to a Mortgage in 2004. Because the loan vio- 6 minutes. maximum security prison. lated the truth-in-lending laws, they Mrs. BOXER. Reserving the right to Americans also do not want these later attempted to exercise their Fed- object, and I will not object, if the Sen- terrorists sent back to the battlefield eral rights to cancel the loan. But the ator could amend that to say Senator to kill our troops. We know the terror- servicer, who happened to be Country- BOXER will be called on to talk about a ists detained at Guantanamo have gone wide at the time, refused to identify couple of amendments following his re- back to fight even the ones who were who owned the loan. So by the time the marks, I would really appreciate it. supposed to be less dangerous, less Meyers discovered that the current Mr. BOND. Mr. President, it will be likely to do so. The Pentagon has con- noteholder was Deutsche Bank, the an honor to ask that Senator BOXER, firmed that at least 18 detainees who deadline for canceling the loan had the chair of the EPW Committee on were released have gone back to the passed. The court dismissed the Mey- which I am proud to serve, be recog- fight, and 43 more are suspected of ers’ claim, even though it found that nized after my remarks are completed. doing the same. there were grounds, legitimately, for The ACTING PRESIDENT pro tem- There are no easy solutions. So in- the Meyers to cancel the loan. pore. Without objection, it is so or- stead of meeting an arbitrary deadline So this kind of hide-and-seek situa- dered. to close Guantanamo Bay, I sincerely tion has real-life ramifications. It cer- Mrs. BOXER. I thank the Senator. hope the White House will reconsider. I tainly does with the President’s plan GUANTANAMO BAY hope the President will realize that now that says, if someone has a mort- Mr. BOND. Mr. President, keeping closing Guantanamo Bay without hav- gage that is under water, they can re- the American people safe is the Gov- ing a plan to deal with the terrorists negotiate, they have a chance. But if ernment’s highest priority. Keeping currently there and future terrorists they do not know who holds the mort- our Nation safe should not be a polit- captured on the battlefield is not in gage, it is a hollow kind of plan. We ical issue; it is an American one. That our Nation’s best interest. Closing know that current law does require is why I was disappointed when the Guantanamo with no plan, no plan, is homeowners be informed when the White House made an early national one campaign promise that cannot hold servicer of their loan has changed. security decision based on politics and up to national security priorities. That is in the law. And Federal law not what is in the best interests of I yield the floor. does require that the servicer tell the keeping Americans safe. I am talking I suggest the absence of a quorum. homeowner the identify of the person about the President’s plan to close the The PRESIDING OFFICER (Mr. holding their mortgage. terrorist detention center at Guanta- UDALL of Colorado.) The clerk will call But servicers routinely ignore re- namo Bay without a backup plan. the roll. quests from homeowners for informa- I have been sounding the alarm over The legislative clerk proceeded to tion on the noteholder. So this is pret- this rash decision since the President call the roll. ty simple. Simply put, it is worth say- announced it in January. But it is not Mrs. BOXER. Mr. President, I ask ing, if someone new is holding your just my side of the aisle, the Repub- unanimous consent that the order for mortgage, the servicer has 30 days to licans, who are questioning the Presi- the quorum call be rescinded. inform you as to who that person is. dent’s decision to close Guantanamo The PRESIDING OFFICER. Without While servicers are required to dis- with no plan on how to handle the de- objection, it is so ordered. close this information, there are no tainees, the terrorists housed there. AMENDMENT NO. 1035 penalties in the law for noncompliance Yesterday, Democratic House Appro- Mrs. BOXER. Mr. President, I will be and no remedies for a homeowner faced priations Committee chairman DAVID offering two amendments, one of which with a recalcitrant servicer. OBEY said, ‘‘So far as we can tell there is going to be second-degreed by Sen- The law has also failed to protect is no concrete program.’’ That is my ator ENSIGN, a friendly amendment we homeowners because there is no spe- point exactly. have worked with him on. So we will cific requirement that servicers iden- This is a classic example of ‘‘ready, have a vote on that amendment. tify the agent or party with the au- fire, aim.’’ That is a strategy we can- Then the final vote on the other thority to act on behalf of the note not afford. I prefer aiming before Boxer amendment can be a voice vote holder. shooting, which is why I keep calling without problem. But these are two The Boxer amendment provides bor- on the President to tell the American amendments that are very important rowers with the basic right to know people how his plan to close Guanta- to the financial security of the coun- who owns their loan by requiring that namo without any plans right now to try. One deals with the toxic asset pur- any time a mortgage loan is sold or deal with the detainees will make our chase program, the other one deals transferred, the new note owner shall Nation safer. with making sure our people can actu- notify the borrower within 30 days of The President needs to honor his ally renegotiate their mortgages if the following: the identity, address, pledge of transparency and provide the they are in trouble. I will start with and telephone number of the new cred- American people with answers to these that one first. itor: the date of transfer; how to reach questions. How the President answers It seems like common sense if you an agent or party with the authority to these questions is even more important have a mortgage on your home, you act on behalf of the new creditor; the now that some of the terrorists could ought to know who holds the mort- location of the place where the transfer be coming soon to a neighborhood near gage. But in today’s real estate mar- is recorded; and any other relevant in- you. That is right. Some of the ter- ket, where the original lender often formation regarding the new creditor.

VerDate Nov 24 2008 00:51 May 06, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.022 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5099 To be clear, the amendment does not That is clearly a no-no. You cannot do makes it certain in this legislation require borrowers to receive a notifica- that. that that is the case. tion every time a mortgage backed se- Under the Boxer-Ensign language, I am not sure the of order, but the curity with a slice of their mortgage that would not be allowed. The Treas- first comments my colleague gave re- changes hands. Those are transactions ury would put forward regulations to garding information about their mort- between investors and do not involve a make sure it is not allowed. We would gages, again this is pretty straight- change in ownership of the physical give the TARP inspector general $15 forward. note. million to perform audits of selected I see Senator ENSIGN is on the floor, This amendment only provides trans- recipients so we can make sure we are and I will be brief, because I want him parency and gives borrowers an addi- following up with audits and making to be able to offer his amendment so we tional tool to fight illegitimate fore- sure there is no collusion. can move forward. closures or to negotiate loan modifica- We would guarantee there is access But the idea that you can find out tions that would keep them in their to financial data from the Public-Pri- who owns the mortgage is pretty homes. vate Investment fund that is necessary straightforward. Those of us with a lit- I do not understand why we have to to perform these audits, and we would tle gray hair on our head—and my col- have a vote on this. I know Senator require regulations that are very clear, league from California has none, I want DODD has signed off on this. It is a very so that—listen to this—the private sec- the RECORD to show. important amendment. I will read into tor cannot use money they have bor- Mrs. BOXER. It turned blond. the RECORD a list of those supporting rowed from other Federal programs to Mr. DODD. I do remember when I this. It is a whole list of consumer pump into the system. bought my first home, an old 1710 cen- groups. I want to list who has endorsed They might be able to use some ter chimney cape house in Connecticut. this amendment: the National Con- loans, but we do not want 100 percent I went down to the Old Stone Bank and sumer Law Center, the National Asso- of that money being recycled again. In got a mortgage. I could go down every ciation of Consumer Advocates, Con- other words, they could take a loan day for as long as that mortgage was sumer Action, the Consumer Federa- from the Government, then they go around and look at it, see it, and pick tion of America, Consumers Union, the buy an asset, and all of the money it up if I wanted to and hold it and do National Association of Neighborhoods, being used in the program is Govern- whatever I wanted to do with that the National Council of La Raza, and ment money. mortgage. the National Fair Housing Alliance. The Boxer-Ensign amendment, which Today, of course, because the world This is a very narrowly targeted is endorsed by Senator DODD, and I be- has changed, people buy a home—and, amendment with little cost to the in- lieve Senator SHELBY, I believe has of course, put aside the issue of preda- dustry. But the benefit to homeowners been signed off by both. If I misspeak, tory lending and subprime mortgages and communities would be absolutely I am sure I will be told that. It is a and the rest—and that mortgage, with- enormous. So it is a simple amend- very ‘‘good government’’ amendment. in 8 to 10 weeks, on average, is sold off. ment, common sense. I hope we will It essentially says as we begin to buy It is securitized, as they call it. This is have an overwhelming vote for it. these toxic assets from the banks, we true of a lot of debt. It is student loans, I want to make my statement at this are going to make sure there is no col- it is credit cards, it is all kind of debt time, and however the chairman wants lusion, no fraud, no conflict of interest. that gets securitized. to dispose of the amendment, if it is ac- We are going to give the inspector gen- By the way, that is not a bad thing, cepted by voice, that is fine with me. eral the ability to get the information because that provides liquidity, that But if we have to do to a rollcall be- he or she needs to go in, perform an provides assets for people so more peo- cause we cannot clear it, I ask that we audit, and keep this program clean. ple can afford to buy homes. have a rollcall vote. The last thing taxpayers want is an- But the Senator from California has AMENDMENT NO. 1038 other scandal that revolves around pointed out that you ought to know The second amendment I will be of- these banks and all of the things they who that is. That seems to me a logical fering is one that Senator ENSIGN will did before. So this is an important request. If that mortgage has been sold be offering a second-degree amendment amendment. off, who owns it? So if a borrower to. It is a very friendly second-degree At this time, I think I have explained wants to be able to do something with amendment. Again, I thank the Bank- both of my amendments. I await hear- it, you ought not to have to go through ing staff on both sides of the aisle for ing from the chairman as to a time to and hire a private investigatory agency working with us—Senator DODD, in come back and speak for perhaps a to find out who holds your mortgage. particular—to make this a very good minute to generally summarize both of So while we respect the idea that amendment. them. securitization can actually be bene- What we are basically saying is, as Again, my deepest thanks to Senator ficial to the community at large, if it we go into a new program which is the DODD. He has worked so hard. Without deprives that owner of the mortgage Public-Private Investment Program, his help, we could not be at this point the opportunity to determine who is which basically says that when we take on both these important amendments. the holder of that mortgage, obviously toxic assets off the books of the banks, The PRESIDING OFFICER. The Sen- then we have lost something in the we want the private sector to come in ator from Connecticut. process. The Senator from California and give a value to those assets, we do Mr. DODD. Let me first thank our has proposed a very worthwhile amend- not want the Government doing it. colleague from California for her lead- ment. The private sector plays a very im- ership on this issue. They are very The New York Times story of April portant role. What Senator ENSIGN and commonsense, straightforward pro- 24, 2009, notes: I believe is very important, and Chair- posals that we think can improve the Advocates wanting to engage lenders ‘‘face man DODD has agreed, is to make sure legislation. a challenge even finding someone with whom it is a very clean process, and there is And it is almost, in a way—I was to begin the conversation,’’ according to a not a process for collusion between the thinking, as my colleague and friend report by NeighborWorks America. . . . parties, and no chance to defraud, was talking, it is almost sad that we That is exactly what the Senator frankly, the taxpayers. have to have an amendment such as from California addresses with her How could that happen? Hypo- this. You would almost think that amendment. With whom do you begin thetically, you can have a bank that is there has got to be some law someplace the conversation? The conversation trying to unload a toxic asset. They that would say what she is suggesting ought to be with the person who is want the most they can get for it. They by her amendment would be covered. holding that instrument. can go to a private party and say: Hey, In a way it is a tragic commentary I endorse her amendment and urge between us, bid a little bit more for on the times we are in, the idea where my colleagues to do so as well. this toxic asset, we will give you a we have to say that, by the way, collu- Regarding the second amendment, kickback later. They could not call it sion is not permissible. I did not think the other amendment offered by Sen- that. We will take care of you later. it was anyway. But her amendment ator BOXER deals with the collusion

VerDate Nov 24 2008 00:51 May 06, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.006 S05MYPT1 smartinez on PROD1PC64 with SENATE S5100 CONGRESSIONAL RECORD — SENATE May 5, 2009 issue. I briefly addressed that pre- Program, impose strict conflict of interest may have led the loan recipient to delib- viously by saying, in a way, I was al- rules on managers of public-private invest- erately overstate the value of the asset used most sad to hear her offering the ment funds that specifically describe the ex- as loan collateral. amendment. I was under the impres- tent, if any, to which such managers may (c) DEFINITION.—In this section, the term conduct transactions involving public-pri- ‘‘public-private investment fund’’ means a fi- sion that was against the law anyway. vate investment funds that affect the value nancial vehicle that is— The idea we are offering an amendment of assets— (1) established by the Federal Government to further corroborate that collusion in (i) that are not part of such public-private to purchase pools of loans, securities, or as- these matters ought to be against the investment funds; and sets from a financial institution described in law. If it is not, it ought to be. (ii) in which managers or significant inves- section 101(a)(1) of the Emergency Economic I commend the Senator from Cali- tors in such funds have a direct or indirect Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); fornia and her colleague from Nevada financial interest; and (B) require each public-private investment for offering the amendment, along with (2) funded by a combination of cash or eq- fund to make a quarterly report to the Sec- uity from private investors and funds pro- Senators PRYOR and SNOWE. This retary of the Treasury that discloses the 10 vided by the Secretary of the Treasury, the amendment is clearly a step in the largest positions of such fund; Federal Deposit Insurance Corporation, or right direction from where we were last (C) require each manager of a public-pri- the Board of Governors of the Federal Re- week. I do want to say the administra- vate investment fund to report to the Sec- serve System. retary of the Treasury any holding or trans- tion has some concerns. My colleagues AMENDMENT NO. 1043 TO AMENDMENT NO. 1038 know that. They have talked about action by such manager or a client of such manager in the same type of asset that is The PRESIDING OFFICER. The Sen- them. I have listened to them. held by the public-private investment fund; ator from Nevada. I am not suggesting their concerns (D) allow the Special Inspector General of Mr. ENSIGN. Mr. President, I call up are illegitimate, but I believe the value the Troubled Asset Relief Program, access to the Ensign second-degree amendment, of the amendment trumps their con- all books and records of a public-private in- No. 1043, at the desk. cerns. I think we have done enough to vestment fund, including all records of finan- The PRESIDING OFFICER. The continue to move forward, and it is the cial transactions in machine readable form; (E) require each manager of a public-pri- clerk will report. right step to be taking. This is an im- The assistant legislative clerk read portant effort. I support the Ensign vate investment fund to retain all books, documents, and records relating to such pub- as follows: second-degree amendment to the En- lic-private investment fund, including elec- The Senator from Nevada [Mr. ENSIGN], for sign-Boxer amendment however that tronic messages; himself, Mr. PRYOR, Mrs. BOXER, and Ms. amendment is described. (F) require each manager of a public-pri- SNOWE, proposes an amendment numbered With that, I yield the floor. vate investment fund to acknowledge a fidu- 1043 to amendment No. 1038. ciary duty to both the public and private in- AMENDMENT NO. 1038 TO AMENDMENT NO. 1018 Mr. ENSIGN. I ask unanimous con- The PRESIDING OFFICER. The Sen- vestors in such fund; (G) require each manager of a public-pri- sent that reading of the amendment be ator from California. vate investment fund to develop a robust dispensed with. Mrs. BOXER. Mr. President, my un- ethics policy that includes methods to en- The PRESIDING OFFICER. Without derstanding is we are ready to go on sure compliance with such policy; objection, it is so ordered. the Ensign second-degree amendment. (H) require investor screening procedures The amendment is as follows: for public-private investment funds that in- So is it not appropriate for me to send (Purpose: To make perfecting changes) the Boxer amendment to the desk at clude ‘‘know your customer’’ requirements On page 1, strike line 6 and all that follows this time? at least as rigorous as those of a commercial bank or retail brokerage operation; and through page 6 line 5, and insert the fol- Mr. DODD. Certainly. (I) require each manager of a public-pri- lowing: Mrs. BOXER. I call up my amend- vate investment fund to identify for the Sec- (a) SHORT TITLE.—This section may be ment. retary of the Treasury each investor whose cited as the ‘‘Public-Private Investment Pro- The PRESIDING OFFICER. Is there interest in the fund totals at least 10 per- gram Improvement and Oversight Act of objection to setting aside the pending cent, in the aggregate; 2009’’. amendment? (2) REPORT.—Not later than 45 days after (b) PUBLIC-PRIVATE INVESTMENT PRO- Without objection, it is so ordered. the date of the establishment of a program GRAM.— The clerk will report. described in paragraph (1), the Special In- (1) IN GENERAL.—Any program established by the Federal Government to create a pub- The assistant legislative clerk read spector General of the Troubled Asset Relief Program shall submit to Congress a report lic-private investment fund shall— as follows: on the implementation of this section. (A) in consultation with the Special In- The Senator from California [Mrs. BOXER] (b) ADDITIONAL APPROPRIATIONS FOR THE spector General of the Trouble Asset Relief proposes an amendment numbered 1038 to SPECIAL INSPECTOR GENERAL OF THE TROU- Program (in this section referred to as the amendment No. 1018. BLED ASSET RELIEF PROGRAM.— ‘‘Special Inspector General’’), impose strict Mrs. BOXER. I ask unanimous con- (1) IN GENERAL.—Of amounts made avail- conflict of interest rules on managers of pub- sent that reading of the amendment be able under section 115(a) of the Emergency lic-private investment funds to ensure that dispensed with. Economic Stabilization Act of 2008 (Public securities bought by the funds are purchased Law 110–343), $15,000,000 shall be made avail- in arms-length transactions, that fiduciary The PRESIDING OFFICER. Without able to the Special Inspector General of the duties to public and private investors in the objection, it is so ordered. Troubled Asset Relief Program (in this sec- fund are not violated, and that there is full The amendment is as follows: tion referred to as the ‘‘Special Inspector disclosure of relevant facts and financial in- (Purpose: To provide for oversight of a Pub- General’’), which shall be in addition to terests (which conflict of interest rules shall lic-Private Investment Program, and to amounts otherwise made available to the be implemented by the manager of a public- authorize monies for the Special Inspector Special Inspector General. private investment fund prior to such fund General for the Troubled Asset Relief Pro- (2) PRIORITIES.—In utilizing funds made receiving Federal Government financing); gram to audit and investigate recipients available under this section, the Special In- (B) require each public-private investment for non-recourse Federal loans under the spector General shall prioritize the perform- fund to make a quarterly report to the Sec- Public Private Investment Program and ance of audits or investigations of recipients retary of the Treasury (in this section re- the Term Asset Loan Facility) of non-recourse Federal loans made under ferred to as the ‘‘Secretary’’) that discloses At the appropriate place, insert the fol- the Public Private Investment Program es- the 10 largest positions of such fund (which lowing: tablished by the Secretary of the Treasury reports shall be publicly disclosed at such or the Term Asset Loan Facility established time as the Secretary of the Treasury deter- SEC. ll. PUBLIC-PRIVATE INVESTMENT PRO- GRAM; ADDITIONAL APPROPRIA- by the Board of Governors of the Federal Re- mines that such disclosure will not harm the TIONS FOR THE SPECIAL INSPEC- serve System (including any successor there- ongoing business operations of the fund); TOR GENERAL FOR THE TROUBLED to or any other similar program established (C) allow the Special Inspector General ac- ASSET RELIEF PROGRAM. by the Secretary or the Board), to the extent cess to all books and records of a public-pri- (a) PUBLIC-PRIVATE INVESTMENT PRO- that such priority is consistent with other vate investment fund, including all records GRAM.— aspects of the mission of the Special Inspec- of financial transactions in machine read- (1) IN GENERAL.—Any program established tor General. Such audits or investigations able form, and the confidentiality of all such by the Federal Government to create a pub- shall determine the existence of any collu- information shall be maintained by the Spe- lic-private investment fund shall— sion between the loan recipient and the sell- cial Inspector General; (A) in consultation with the Special In- er or originator of the asset used as loan col- (D) require each manager of a public-pri- spector General of the Trouble Asset Relief lateral, or any other conflict of interest that vate investment fund to retain all books,

VerDate Nov 24 2008 00:51 May 06, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.026 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5101 documents, and records relating to such pub- (e) DEFINITION.—In this section, the term eral of TARP with an additional $15 lic-private investment fund, including elec- ‘‘public-private investment fund’’ means a fi- million to conduct audits and inves- tronic messages; nancial vehicle that is— tigations of this new program. (E) require each manager of a public-pri- (1) established by the Federal Government The American people are demanding vate investment fund to acknowledge, in to purchase pools of loans, securities, or as- writing, a fiduciary duty to both the public sets from a financial institution described in more accountability and transparency and private investors in such fund; section 101(a)(1) of the Emergency Economic from their Government. President (F) require each manager of a public-pri- Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); Obama campaigned over and over on vate investment fund to develop a robust and change and promised to lead the most ethics policy that includes methods to en- (2) funded by a combination of cash or eq- open administration ever. Let’s send a sure compliance with such policy; uity from private investors and funds pro- message to the country that we are (G) require strict investor screening proce- vided by the Secretary of the Treasury or backing up that rhetoric with action. dures for public-private investment funds; the Federal Deposit Insurance Corporation. Let’s shine sunlight on the TARP’s and (f) OFFSET OF COSTS OF PROGRAM (H) require each manager of a public-pri- CHANGES.—Notwithstanding the amendment newest program from its inception, not vate investment fund to identify for the Sec- made by section 202(b) of this Act, paragraph once mistakes have been made. Let’s retary each investor that, individually or to- (3) of section 115(a) of the Emergency Eco- put the safeguards in place from the gether with its affiliates, directly or indi- nomic Stabilization Act of 2008 (12 U.S.C. start of PPIP to protect against fraud rectly holds equity interests in the fund ac- 5225) is amended by inserting ‘‘, as such and waste rather than waiting until quired as a result of— amount is reduced by $2,331,000,000,’’ after after abuses occur. (i) any investment by such investor or any ‘‘$700,000,000,000’’. I urge my colleagues to vote in sup- of its affiliates in a vehicle formed for the Mr. ENSIGN. I rise to talk about the port of the Ensign-Pryor-Boxer-Snowe purpose of directly or indirectly investing in Ensign-Boxer-Pryor-Snowe amend- amendment. the fund; or ment. The four of us have worked on (ii) any other investment decision by such I ask for the yeas and nays. investor or any of its affiliates to directly or this amendment. It is a second-degree The PRESIDING OFFICER. Is there a indirectly invest in the fund that, in the ag- amendment, but it is a friendly second- sufficient second? gregate, equal at least 10 percent of the eq- degree amendment to the Boxer There appears to be a sufficient sec- uity interests in such fund. amendment. I commend all four offices ond. (2) INTERACTION BETWEEN PUBLIC-PRIVATE and our staffs that did superwork over The yeas and nays were ordered. INVESTMENT FUNDS AND THE TERM-ASSET the last several days to come up with Mr. ENSIGN. I yield the floor. BACKED SECURITIES LOAN FACILITY.—The Sec- the language. It is not compromising Mr. DODD. I suggest the absence of a retary shall consult with the Special Inspec- language; it is strengthening language. quorum. tor General and shall issue regulations gov- The clerk will call the roll. erning the interaction of the Public-Private This is great bipartisan work to in- Investment Program, the Term-Asset crease the oversight of this program The assistant legislative clerk pro- Backed Securities Loan Facility, and other known as the Public-Private Invest- ceeded to call the roll. similar public-private investment programs. ment Program or as some call it, PPIP. Mr. DEMINT. Mr. President, I ask Such regulations shall address concerns re- The special inspector general of unanimous consent that the order for garding the potential for excessive leverage TARP has stated that PPIP is ‘‘inher- the quorum call be rescinded. that could result from interactions between ently vulnerable to fraud, waste, and The PRESIDING OFFICER (Mr. such programs. abuse.’’ Our amendment would go a KAUFMAN). Without objection, it is so (3) REPORT.—Not later than 60 days after ordered. the date of the establishment of a program long way to protect taxpayers from described in paragraph (1), the Special In- such fraud, waste, and abuse. AMENDMENT NO. 1026 TO AMENDMENT NO. 1018 spector General shall submit a report to Con- Most of my colleagues would agree Mr. DEMINT. Mr. President, I ask gress on the implementation of this section. Congress gave far too long of a leash to unanimous consent to set aside the (c) ADDITIONAL APPROPRIATIONS FOR THE the Treasury when it created TARP. I pending amendment and bring up SPECIAL INSPECTOR GENERAL.— know few people who believe the pro- DeMint amendment No. 1026. (1) IN GENERAL.—Of amounts made avail- gram has been completely successful so The PRESIDING OFFICER. Without able under section 115(a) of the Emergency far. The PPIP would represent the objection, it is so ordered. The clerk Economic Stabilization Act of 2008 (Public most ambitious and complex under- will report. Law 110-343), $15,000,000 shall be made avail- taking yet for TARP and by far the The bill clerk read as follows: able to the Special Inspector General, which shall be in addition to amounts otherwise riskiest use of TARP funds to date. The Senator from South Carolina [Mr. made available to the Special Inspector Gen- Let’s not make the same mistakes with DEMINT] proposes an amendment numbered eral. PPIP that we have made with the rest 1026 to amendment No. 1018. (2) PRIORITIES.—In utilizing funds made of the TARP fund so far. Mr. DEMINT. Mr. President, I ask available under this section, the Special In- Our amendment would establish key unanimous consent that the reading of spector General shall prioritize the perform- oversight, transparency, and conflict- the amendment be dispensed with. ance of audits or investigations of recipients of-interest safeguards before the pro- The PRESIDING OFFICER. Without of non-recourse Federal loans made under gram begins, not after. Our amendment objection, it is so ordered. the Public Private Investment Program established by the Secretary of the Treasury will impose strict conflict of interest The amendment is as follows: or the Term Asset Loan Facility established rules to prevent PPIP fund managers (Purpose: To prohibit the use of Troubled by the Board of Governors of the Federal Re- from inappropriately using the pro- Asset Relief Program funds for the pur- serve System (including any successor there- gram to benefit themselves or their cli- chase of common stock, and for other pur- to or any other similar program established ents. It will require these rules be in poses) by the Secretary or the Board), to the extent place before any Government funds can At the appropriate place, insert the fol- that such priority is consistent with other be used in the new program. The lowing: aspects of the mission of the Special Inspec- amendment requires rigorous investor SEC. ll. LIMITATION ON USE OF TARP FUNDS. tor General. Such audits or investigations screening procedures and robust ethics Notwithstanding any other provision of shall determine the existence of any collu- law, on and after April 22, 2009, no funds sion between the loan recipient and the sell- policies for the Public-Private Invest- ment Program funds. It will require made available to carry out the Troubled er or originator of the asset used as loan col- Asset Relief Program may be used for the ac- lateral, or any other conflict of interest that Treasury to issue regulations gov- quisition of ownership of the common stock may have led the loan recipient to delib- erning how the program and the Fed- of any financial institution assisted under erately overstate the value of the asset used eral Reserve’s TALF Program can title I of the Emergency Economic Stabiliza- as loan collateral. interact to avoid excessive and dan- tion Act of 2008, either directly or through a (d) RULE OF CONSTRUCTION.—Notwith- gerous over-leveraging. conversion of preferred stock or future direct standing any other provision of law, nothing Lastly, our amendment calls for sig- capital purchases. in this section shall be construed to apply to nificant and improved oversight and Mr. DEMINT. Mr. President, I would any activity of the Federal Deposit Insur- ance Corporation in connection with insured transparency of PPIP. The amendment like to take a few moments to explain depository institutions, as described in sec- also preserves the language from the this amendment. I appreciate the tion 13(c)(2)(B) of the Federal Deposit Insur- underlying Boxer-Snowe amendment chairman allowing me to offer this ance Act. that provides the special inspector gen- amendment. It relates to what we call

VerDate Nov 24 2008 00:51 May 06, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.007 S05MYPT1 smartinez on PROD1PC64 with SENATE S5102 CONGRESSIONAL RECORD — SENATE May 5, 2009 TARP funds or troubled asset funds we the children’s story, ‘‘The Gingerbread Now we see where they are, telling us passed last year. Man.’’ It is was one of my favorite sto- this does not look good on the books of If I can take my colleagues through a ries growing up. If you remember, an banks for it to be a loan. So we are little bit of history on how this hap- older couple did not have any children. going to just change the balance sheet pened, at the end of last year, the The husband was out working in the from a loan to an asset. We are going President and the Secretary of the garden. The wife was making some gin- to turn these loans into common stock, Treasury came to us and explained a gerbread. She had a little left over and equity, which will make the Federal very dire crisis, not only in the United made a gingerbread man and put him Government owners in the banks, vot- States but the world, that the whole fi- in the oven. An hour or so later, she ing owners. nancial system was on the verge of col- heard some rattling in the oven, Folks, there is kind of a sacred line lapse, and if we did not pass this $700 opened it, and out jumped a ginger- in this country we had not crossed. billion Troubled Asset Recovery Pro- bread man. The gingerbread man ran There is a separation between what the gram, it was very likely we would have around. She couldn’t catch it. It ran Government does and what the private financial chaos and even depression in out of the house. The husband tried to sector does, and this Government does the United States and around the catch him. All they heard from the gin- not own private companies. But just world. gerbread man was: Run, run, run as like this fox, we have been led into this It was a pretty stunning presen- fast as you can, you can’t catch me, I thing with misinformation—I hope tation. It curiously lacked a lot of am the gingerbread man. that is all it is and not outright decep- facts. There were no PowerPoint slides Long story. The gingerbread man ran tion—but we are at the point where the or statistics or graphs. It was more: through the whole community. The Government is now telling us they are Trust us, we know this is going to hap- townspeople were chasing him. The going to own a lot of these banks. They pen. We need to pass this immediately. horses and the mules and everyone will not let them give it back. They are What they were going to do with the were chasing the gingerbread man, who going to convert it to ownership. All funds—and Secretary Paulson was very kept saying: Run, run, as fast as you these private companies out there are specific—was they were going to take can, you can’t catch me, I am the gin- going to be owned, in part, by the Fed- this money and buy troubled assets in gerbread man. eral Government. financial organizations that were too The gingerbread man came to a wide What we are hearing from investors— big to fail, that if they failed, it would river and not accustomed to swim- Chairman Bernanke said it at lunch cause severe problems all around the ming—gingerbread probably doesn’t today—is when they are trying to get world. We were being told that unless hold up real well in a river—he was people to invest in financial institu- stuck with all the town running behind we pass this money and use it imme- tions, what they are finding is a him. Then appeared a fox that offered diately—and they were talking within strange thing. The private investors, to give him a ride across the river. The 24 to 48 hours—to buy troubled assets, smart investors, do not want to get in the financial system in this country so gingerbread man was real suspicious. bed with the Federal Government be- many depended on would collapse. He knew that fox would probably eat cause they do not know what we are At this point, after hearing a number him. The fox said: Don’t worry, you can going to do. They have every reason of stories, we started this time last sit way back on my back on my tail not to know what we are going to do year mailing out checks, mortgage way away from my mouth. No trouble, because we have yet to do what we said bailouts, all kinds of spending pro- not to worry. Gingerbread man didn’t we were going to do with this $700 bil- grams. None of it worked. None of it have a lot of choice. He jumped right had been done exactly like they said it on his back. lion, which will ultimately be over $1 would. I did not trust the whole proc- As the fox got out farther and farther trillion, with which we are now playing ess. This was a Republican President. I in the river, he sank a little deeper and in the private stock market. voted against it, but many of my col- deeper. Gingerbread man howled and As we pass this bill that is supposed leagues voted to pass the troubled jumped up a little closer on his neck. to protect homeowners, I am offering asset funds to buy toxic assets, trou- Out a little farther, the fox went down an amendment. It is an amendment bled assets in this country and around a little bit deeper. Gingerbread man that would force this Government to do the world. jumped right up on his head. As he got at least part or keep it from going fur- It passed, and the President signed it. close to the other side, he started sink- ther than it already has into the pri- Not one of these troubled assets has ing his head down and gingerbread man vate sector. It would prohibit the Gov- been purchased. Not one. A funny thing jumped right up on his nose, and as ernment from converting these loans, happened. The world financial system soon as he did, slap, gingerbread man which are sometimes referred to as pre- did not collapse. The people who told was in the mouth and gone. ferred stock now. It is not voting. It us it would either did not have the Gingerbread man is a lot like our free would prohibit them from converting facts or they were not telling us the market system, free enterprise system, this to common stock, to ownership, to truth. and what our whole free market sys- equity in these banks. What they did with the money was tem is in America—fast, dynamic, It should not surprise anyone. We loan some to the banks. Some of the made our country exceptional and were told this would not happen in the banks had to have it immediately, ap- prosperous. Our banking system is the first place. We were told the money parently, or they would fail. They were same way. Some of the greatest people was going to buy these toxic assets. too big to fail. We had to have the in our communities are running banks. This amendment would at least put up money. With this TARP program, what we a firewall that says: You cannot go any What our Government did was go to a did is similar to a fox. We invited our further, fox; you cannot take over pri- whole lot of other banks that were whole financial system to jump on the vate enterprise in America. doing OK and say: You have to take back of the Federal Government. What A lot of my colleagues are going to this too. If you don’t take it, then it they told us they were going to do they give a lot of excuses why they cannot will be harder for these other banks to did not do, and each time the Govern- vote for this amendment, but I hope take it. We need to have this money ment took another step, a different America is looking in at this and re- spread around. They did not buy the step, like the gingerbread man and the membering that it was not this Gov- toxic assets. They loaned it to banks fox, the gingerbread man jumped closer ernment that made this country great, and put a lot of pressure on other and closer to the mouth. that made us exceptional and pros- banks to take it. As soon as they did, What our whole free market system perous and good, that put us on the top we got more and more involved with is doing now is sitting on the nose of of the world in a lot of ways, the envy their business, regulators on the banks’ the fox, the Federal Government, of the world. It was not this Govern- backs. Some of the banks want to give which keeps taking us deeper and deep- ment. It was a limited government. It it back. Guess what. We won’t let them er into this river. The Federal Govern- was free markets and free people. unless they pass some kind of test. ment did not buy toxic assets. They This Government now has pushed and The Government has moved closer kind of pushed loans out into the mar- pushed and intervened in the private and closer—it kind of reminds me of ket. They said they had to do that. market to the point where it is not

VerDate Nov 24 2008 00:51 May 06, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.031 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5103 working. We wonder why people are I thank the Chair, I yield back, and I ment also ignores the regulatory cas- not investing and why the markets are suggest the absence of a quorum. cade that the endangerment finding in erratic. Because no one knows what The PRESIDING OFFICER. The the motor vehicle emission standards the Federal Government is going to do clerk will call the roll. will trigger. Litigators and courts will once it starts playing in the stock mar- The bill clerk proceeded to call the drive much of this job-killing regula- ket in this country, once it starts arbi- roll. tion. trarily converting loans that were for a Mr. BARRASSO. Mr. President, I ask We now have a nominee to head up crisis to own our banks, to own our pri- unanimous consent that the order for the EPA’s Air Office—Mrs. Regina vate companies. the quorum call be rescinded. McCarthy. We have an Administrator They took the TARP money and The PRESIDING OFFICER. Without of the EPA and a climate and energy made loans to General Motors. What objection, it is so ordered. czar who is supposed to coordinate cli- are they going to do with that? They CLIMATE CHANGE mate change policy for the administra- are going to convert it to common Mr. BARRASSO. Mr. President, a re- tion. Well, Carol Browner, the climate stock so this Federal Government owns cent Wall Street Journal op-ed high- and energy czar, has not been con- General Motors. lighted a dangerous game that is being firmed by Congress—not by this Con- That is not America. That is not free played right now by this administra- gress—at all. We do not know who is markets. That is not free enterprise. tion and by the Environmental Protec- developing this roadmap for how to hi- That is not what we signed up for, and tion Agency, and it is a game that is jack the Clean Air Act to regulate cli- we shouldn’t allow it. being played with the American public mate change. What jobs and what in- This amendment is pretty simple: about which I have great concerns. The dustries will be kept? What industries Government, you cannot go any fur- piece in the Wall Street Journal was will be penalized? Who will be held ac- ther. Enough is enough. You cannot entitled ‘‘Reckless Endangerment: The countable for making the decisions? convert these loans to common stock. Obama EPA plays ’Dirty Harry’ on cap The American people—the people at We are going to have a firewall be- and trade.’’ The article refers to the home in Wyoming whom I talk to—are tween where you are now and where Russian roulette style of negotiating demanding answers to these questions. you want to go. that is going on right now by cap and The economic consequences will be Folks, we cannot let them go any tax advocates who want to pass the devastating. By the EPA’s own esti- further. We have lost the line between President’s energy tax in this Con- mate, the typical preconstruction per- Government and the private sector. gress. mit in 2007 cost each applicant $125,000. The Government is not set up to man- The administration and the majority And how much time do they have to age things and control things. Every- of the leadership in the House and the put into this work? Well, on average, thing we try to do, we mess up. What Senate have created a regulatory tick- 866 hours just to fill out the paperwork. we are here for is to develop a frame- ing timebomb. It is called the Environ- If you are a small business, a farm, or work of law and predictable regula- mental Protection Agency’s a private nursing home, you have no tions so free markets and free people endangerment finding. Well, they want background in this area. It takes a lot can operate. We are not set up to man- to use this ticking timebomb as a of time and effort, so you need to hire age auto companies. threat to get the President’s energy lawyers and you need to hire experts. I was in a meeting this morning talk- tax passed. They are putting this regu- That costs thousands of dollars that ing about how we were going to man- latory timebomb on the kitchen table are nowhere in your budget. You are age General Motors and Chrysler. I of Americans all across the country. taking time out of the day to figure have been in a lot of boardrooms be- The message to Americans: Your tax out all this redtape. While you are cause I have done a lot of strategic money or your livelihood. This is not spending that time and that money, planning for private companies in my an idle threat. If allowed to proceed, you are not running your business. lifetime. It is so obvious, we do not the irresponsible use of the Clean Air This is going to create such a fog of have the capability to manage a dy- Act will require the EPA to regulate uncertainty—uncertainty with inves- namic, complex, global marketplace. any building, any structure, any facil- tors, uncertainty with small busi- That is central planning. That is what ity, any installation that emits above a nesses. It is going to make it that Karl Marx thought we could do. But certain amount of carbon dioxide. The much harder for small businesses to every time it has been tried in the his- result would be thousands of lost jobs, borrow money, to get a business loan. tory of the world, it has failed because with no environmental benefit to be Nobody is going to know how much there is no way a legislative body and seen from it. Hospitals, schools, farms, this is going to cost their business. If a large national government such as commercial buildings, and nursing you take a look at our economic situa- this can manage the private sector. homes will be required to obtain tion, with lending in this country hav- What happens, though, is we get in- preconstruction permits for their ac- ing slowed down significantly, this is volved, we make things worse, and tivities. hardly the right move now for our then we say we need more government Further, when you talk to the legal country and for our economy. to solve the problem. We are doing that scholars, they will tell you that the According to the U.S. Chamber of now with AIG, the largest insurance statutory language is mandatory and Commerce, there are 1.2 million company in the country. We have got- does not leave any room for the EPA to schools, hospitals, nursing homes, ten in, we own most of the stock, mis- exercise discretion or to create any ex- farms, small businesses, and other management is rampant, and we are ceptions. That is the problem. The only commercial entities that are not cur- talking about we need more govern- jobs this option will create are in law rently covered under these ment, we need more money. Folks, it firms, as the litigation bonanza begins. preconstruction permits, and they are doesn’t work. EPA is going to be sued by environ- going to be vulnerable to the new con- I would encourage my colleagues to mental groups wanting to eliminate ex- trols, to new monitoring, to new paper- consider what I think we are hearing empted sectors. The EPA will also be work, and to new litigation. If even 1 from all across America: Enough is sued by industries that are not exempt- percent of these 1.2 million have to get enough. We can’t do this under the ed. How is the EPA going to respond to preconstruction permits, well, that guise of one crisis after another. Let’s all these legal challenges? I asked EPA would mean 12,000 new preconstruction stop this rampage of the Federal Gov- Administrator Jackson. She says she permits this year. By the EPA’s own ernment into our private lives, the free can target what she taxes. She claims analysis, if permitting is increased by markets, the whole concept of Amer- she is only going to target cars and just 2,000 to 3,000, that would impose ica. Please support this amendment trucks. Well, that really is setting a what they call significant new costs that would stop the conversion of precedent of choosing winners and los- and an administrative burden on per- loans—TARP money—into common ers. We don’t know what standards will mitting authorities. How much of a stock. It is a simple concept. We be applied to make those decisions. We burden? How much cost? Those permit- shouldn’t be able to excuse our way do not know what role politics will ting authorities are the EPA and the 43 around this one. play in the decisions. Jackson’s state- States that participate in the program.

VerDate Nov 24 2008 00:51 May 06, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.032 S05MYPT1 smartinez on PROD1PC64 with SENATE S5104 CONGRESSIONAL RECORD — SENATE May 5, 2009 The EPA said that the burden ‘‘could posed endangerment finding.’’ There revival of this economy should dictate overwhelm permitting authorities.’’ was advice immediately from the law- what we invest in here, so we invest in The net result of all of this is going yers over at the Bush White House not these high technologies and we create to be thousands of jobs lost. According to open the endangerment finding—not good, clean jobs. I am very sad to hear to the Heritage Foundation, the job to read it, not to look at it, not to con- that my friend will be holding up, and losses are estimated to reach 800,000. sider it, not to open it because, they saying no, to some good people. Well, if Carol Browner, Administrator said, once it was open, it was in the I understand his point of view. He has Jackson, or Mrs. McCarthy cannot tell public domain and the public would every right to do it. But I hope we will us how they will protect American jobs learn that, indeed, climate change is an file a cloture motion and I hope we will from court challenges, if they can’t tell endangerment to the people of this be able to say to the party of no: us by what legal authority—legal au- country. We are talking about extreme Please, there was an election. Presi- thority—they can pick the winners and weather events. We are talking about dent Obama won. He deserves to have losers, if they cannot provide economic organisms that do not live in cold wa- the people in place that he thinks will certainty to lenders and small busi- ters, but when the waters get warm, give him good advice. If you do not like nesses, if they do not know how they they carry disease to our kids. We saw the advice, then legislate against it. will process all the thousands of new a case in Arizona where that happened: But don’t hold up good people. preconstruction permits, then they organisms that never lived in these riv- They are doing it every day. The should take this option—this option ers and streams are now living there. party of no, no, no, no. The American they have proposed, this option that Heat stroke. And that is not to men- people want us to work together for kills jobs—and they should take it off tion the issue of the rising waters, that their benefit and the benefit of their the table. is not to mention the national security children and their grandchildren. My I have tried to get answers to these issues, and that is not to mention the message to the EPA is do not be bullied questions from the nominee who will fact that the way out of this economic into not doing your job. The most directly oversee this process— mess is to say: We are going to look at endangerment finding you have made Mrs. McCarthy. I placed a hold on her this challenge and we are going to re- provisionally is very close to the same nomination because these are ques- spond to it in a way that will create endangerment finding the scientists tions that still need to be answered. I clean jobs, in a way that will lead us made under George W. Bush. The dif- am committed to working with her in out of this morass and lead us to eco- ference is, this administration is not a constructive way to get answers to nomic prosperity. going to hide it from the American the questions because I believe we do Anyone who has read Thomas Fried- people. We are going to look at it and need to chart a new course, a course man’s book ‘‘Hot, Flat, and Crowded’’ we are going to figure out a way to re- that makes America’s energy as clean knows that the country that gets on spond to it in such a manner that jobs as we can, as fast as we can, without top of this issue of clean energy and will be created, exports will be created, hurting small businesses and without clean energy jobs will lead the world. technologies will come to the fore. To raising energy prices on American fam- So for my colleague to get up and say: the party of no, I say look inside your- ilies. I am holding up the Obama nominees— self. The days of the old energy are We should start by not taking any that is the party of no. That is the coming to an end. They are too pol- clean energy source off the table. That party of no, no, no. They want to keep luting, they are too costly, they are means fossil fuels fitting with new car- this information from the American subject to the whims of foreign dic- bon capture technology. That means people. tators. exploring for oil and natural gas in an Then they talk about lawsuits and I remember when George W. Bush environmentally friendly way, using the rest. Well, the fact is that the old went over and kissed the Saudi new technologies. That means pro- EPA was sued repeatedly by commu- prince—I was a little surprised at moting carbon-neutral nuclear energy. nity groups and environmental groups that—begging, begging Saudi Arabia: That means funding renewable ener- because they weren’t following the law, Oh, please, please, let us have more oil. gies—wind and solar, geothermal, and and every single time, they lost. So the And the price went up and up and up. hydropower. We need it all. An all-of- Supreme Court comes down on the side Frankly, it was not until the Demo- the-above energy approach is the key of cleaning up pollution. I am not crats here demanded that there be to solving our energy problem for this afraid of lawsuits because the fact is, some remedy for price fixing—it was Nation. I look forward to working with the people will win the lawsuits. not until then that the prices started my colleagues on both sides of the aisle My message to the EPA is very sim- going down, because there was manipu- to achieve this goal for America. ple. It is very different from Senator lation. We know that. Mr. President, I yield floor. BARRASSO, who is holding up qualified I am disappointed that Senator The PRESIDING OFFICER. The Sen- nominees—Republicans. They are Re- BARRASSO, an important member of the ator from California. publicans they are holding up whom Environment Committee—this is the Mrs. BOXER. Mr. President, I was President Obama wants to put into his Environment Committee he is from. It listening to what my colleague, Sen- circle of advisers on the environment. is not the polluting committee. Let’s ator BARRASSO, said about the Environ- This one particular woman I believe get on with our work. Let’s do what is mental Protection Agency, and I know served, Senator DODD, your State for right for the health of the American it is a little bit off the work Senator Republican Governor Rell, and they are people. Let’s do what is right for the DODD is doing, but I hope he won’t holding her up. They are holding her workers in America. Let’s develop the mind if I take about 3 minutes to re- up. technologies. Let’s not stand up here, spond. Why? Because they want to continue hold decent people up, don’t let them I think what is so interesting is that being the party of no. No, don’t open up get a vote, stop them because you are under the Bush administration, the En- the endangerment finding; no, don’t a little angry that, yes, you did lose vironmental Protection Agency drafted trust the people with the information; the election; and yes, times are chang- the endangerment finding. They found no, don’t think about making polluters ing; and yes, you have to recognize that pollution in the form of green- pay; no, we are not going to go to clean that Lisa Jackson is not Stephen John- house gas emissions—this is the Bush energy and clean jobs and all the pros- son—who came from a pesticide back- administration—was absolutely an perity that will come forward with ground, for God’s sake. endangerment to the American people. that. It is a sad day. One thing I found as I look at this ad- That is the Bush administration. My friend and I, JOHN BARRASSO and ministration that I admire—and I do You may say: Gee, why didn’t I hear I, are very good friends. We like each not agree with every single thing they about that? I will tell you why. The other. We work together when we can. do or say—but I have to say this, they EPA sent that endangerment finding, But on this one he will admit and I will are putting people in place who care that proposed endangerment finding, admit we do not share a common view. about the issue they are supposed to over to the White House, and it was la- My view is that science should dictate care about. You remember what hap- beled, as you get your e-mails, ‘‘pro- what we do on the health front and the pened over there with, ‘‘Brownie, you

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That was his the Treasury and others across the po- It seems to me if we accept the background to head up the Environ- litical spectrum, that acting at that DeMint amendment we are going to mental Protection Agency. point was critically important if we make the answer even more difficult Then you had others. You had Spen- were going to stabilize this economy because what our lending institutions cer Abraham, a nice man. He voted to and try to get it back on its feet. need is obviously capital—whether pri- eliminate the Department of Energy History will probably write for many vate capital or otherwise, they need when he was a Senator, and he got to decades to come about that decision- capital. This is not a requirement be put in charge of—you got it—the De- making process, of the wisdom of it or under existing law that is mandating partment of Energy. the lack thereof. I am confident as I converting preferred to common, but at I have a great committee I am privi- stand here today that, while certainly a time when we want lending institu- leged to chair, but I am distressed that not a well-managed program for a good tions to get more capital, allowing the we have to file cloture and stop a fili- many weeks, the absence of doing any- Treasury to make that conversion buster on perfectly well-qualified peo- thing, just doing nothing at the time, I where and if they see it as appropriate ple, some of whom are Republicans, think would have created a far bigger exactly addresses the question that who are being stopped here by my problem, a far more serious problem, was raised at the luncheon today: Why friend. It is discouraging. But I am op- probably a problem it would be almost aren’t banks lending more? Why aren’t timistic and I know we will get these difficult to imagine how it would be they providing that kind of assistance important nominees through, even overcome had that action not been to small businesses and others? though we have to take the time to taken. That in no way minimizes how This is not about the Government fight a filibuster and file cloture and the program was managed, for those taking over these entities. I don’t get 60 votes. I am convinced we can do who raised serious issues, and still is know of anyone who supports that it—in closing—because the American the subject of significant debate here. idea. We are taking positions in these people do not want us to be the party My friend from South Carolina says companies far larger than most of us of no, no, no. They want us to be the the Treasury Department should not be would like, and I hope and I believe it Senate that is going to bring about allowed to convert preferred stock to to be the case that as soon as the mo- positive change for the American peo- common stock. Why is that an impor- ment is appropriate we are going to be ple. tant issue in the context of what we selling this off and getting out of it as I say to Senator DODD, thank you for are talking about? fast as we can. My colleague from your indulgence here. First, understanding what preferred South Carolina is correct—I think all The PRESIDING OFFICER. The Sen- stock is, and common stock—preferred of us agree with him—it is not the ator from Connecticut is recognized. stock is almost a debt obligation on business of Government to become AMENDMENT NO. 1026 which dividends are paid. The whole bank managers or to run automobile Mr. DODD. Mr. President, I am going point is the value of it is in the divi- companies or to run commercial enter- to respond, if I may, to our colleague dend. With common stock, of course, prises. This country has not grown and from South Carolina, Senator DEMINT, the value changes based on how well prospered and done as well as it has in who offered an amendment, No. 1026, a the company is doing. If the company two-and-a-quarter centuries because few minutes ago. Senator BARRASSO is doing well, the common stock goes Government has run these entities. and Senator BOXER were talking about up. If they are not doing well, the com- Quite the opposite. the Environment Committee and the mon stock goes down, unlike preferred But at a critical time such as this, work that goes on there a little bit, shares. So in terms of what is real cap- when our economy is facing the worst and I digressed a little bit when that ital, what is real capital is common crisis since the Great Depression, in al- subject matter came up, but I want to stock. Preferred shares are not seen as most 100 years, taking positions, get- bring it back to his amendment which being real capital. ting capital moving on these legacy as- we will vote on, I hope, in a few min- I gather we have had today, as the sets or toxic assets is absolutely essen- utes—maybe a couple of amendments. I Presiding Officer knows we have every tial if we are going to get back on notify my colleagues we will try to get Tuesday, the respective two parties track again. at least two votes together so we don’t gather in our respective rooms to have I am not suggesting that every idea bring people over for just one vote, if lunch to talk about the issues of the we have had is one that is working. But we can do that. day. I am told by several of my friends the idea of saying in this case you have The amendment of the Senator from on the Republican side that Chairman no right, I am going to prohibit you, South Carolina, as I think I understand Bernanke was the guest at the Repub- absolutely mandate that the Treasury it—but correct me here—would pro- lican Conference lunch today and an- Department cannot convert any pre- hibit the Federal Government from ei- swered questions from our Republican ferred shares to any common shares, ther purchasing or converting preferred colleagues. I gather one of the ques- seems to me the kind of overreaching, stock to common stock. This is not a tions was—and certainly it was a ques- in a way, in a moment such as that, mandate as in present law, it is the option he received from us when we met, that my colleague from South Carolina tion of converting preferred to common either alone or together—why aren’t is arguing against and I agree with stock. banks lending more? We put all this him. We should not be restricting, in a Why is that an important issue? My capital up. Why aren’t they putting sense, the ability of people to have the colleague from South Carolina went on more money out the door to small busi- flexibility to respond to a situation and at some length to talk about the over- ness and others to help our economy allow this situation to improve. riding issue, going back to last fall, as get moving? There is a second reason. We are to whether there should be any pro- I gather Chairman Bernanke ex- talking about TARP moneys here. gram at all of the so-called Emergency pressed the same frustration, that the What are TARP moneys? TARP money Economic Stabilization Act that pro- regulators are being overly restrictive, is taxpayer money. That is the Amer- vided the resources to try to get our fi- in some ways threatening these lending ican taxpayers’ money. That is what nancial system on its feet again. That institutions, not doing enough to en- TARP money is. We want to get back was a very significant debate. Seventy- courage them that they ought to step this money. We have been told these five of our colleagues in this Chamber, up and get that capital out, get that are loans. We hope they are, that we Democrats and Republicans, agreed credit moving again. are actually going to get money back. with President Bush at the time. Can- My colleagues on the Republican side You don’t get money back nec- didate Obama and our colleague JOHN heard from the Chairman of the Fed- essarily with preferred shares. You get MCCAIN, as well as many others, on a eral Reserve today and raised a very it back with common shares. In any

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Again, it is sponsors. adversely affect the taxpayer when we more ideological. If you, in a sense, be- This legislation is endorsed by the could have a far greater benefit if in lieve we should not be doing anything National Alliance to End Homeless- fact there are common shares coming at all, let the market work its way ness, U.S. Conference of Mayors, the back in. If that company or entity im- through all of this—and there is a League of Cities, NACo, Habitat for proves its value, the taxpayer is the school of thought that embraces that. I Humanity International, National As- clear beneficiary of that if in fact we happen to believe that is a dangerous sociation of Local Housing Finance are holding common shares. policy to follow, in my view. I think Agencies, LISC, Enterprise, National Not allowing the Treasury to make many who looked at this issue from Low Income Housing Coalition, Cor- that conversion could directly have an across the spectrum would agree. So poration for Supportive Housing, the adverse reaction for the American tax- that is the alternative. That is why I National Equity Fund, NAMI, the payer who is expecting some return on hope this amendment would be rejected Housing Assistance Council and the this—not to mention, of course, the when the time comes for a vote. National Community Development As- ability to get capital into these enti- I yield the floor. sociation. It enjoys widspread support. ties which is essential if lending is The PRESIDING OFFICER. The Sen- According to the Homelessness Re- going to occur. ator from Rhode Island is recognized. search Institute at the National Alli- We can go back and debate Sep- AMENDMENT NO. 1040 TO AMENDMENT NO. 1018 ance to End Homelessness, 2.5 to 3.5 tember and October and I presume his- (Purpose: To amend the McKinney-Vento million Americans experience home- tory will debate that. But we made Homeless Assistance Act to reauthorize lessness each year. On any one night, that decision and these resources are the Act, and for other purposes) approximately 672,000 men, women, and being far better managed today than Mr. REED. First, let me commend children are without homes. they were in the first 60 days or so of Chairman DODD for his leadership on While strides have been made to re- that program. Today, to restrict this this very important legislation that is duce homelessness over the last couple Department, this Treasury from mak- going to address one of the most sig- of years, the current economic decline ing these kinds of decisions would be a nificant issues facing America today; has halted such progress. major blow at the very hour we are that is, restoring the value in our Today I saw a front page article with going to maybe need this capital in homes, but also giving people the hope a photograph in USA Today of a tent order to get these entities back on that they can stay in their homes and city going up. This is a phenenoman we their feet. helping those people who are displaced thought was an artifact of history. Too Why is that important? It has little from their homes to find adequate, often people are using any means to or nothing to do with the entities suitable housing. shield themselves from the elements. themselves. If that were the only argu- I hope to be able to offer an amend- Organizations such as Amos House, a ment, I would not be standing here and ment which would address the issue of shelter in my home State of Rhode Is- making it. It is not about the institu- homelessness in the United States. land, are seeing an increased demand tions we are getting the capital to, it is Mr. President, I ask unanimous con- for their services, while at the same about the facilities, the businesses that sent to call up amendment No. 1040 to time they are facing budget cuts and require capital in order for credit to S. 836 and ask that it be made pending. the economic downturn has curbed flow. So we spend a lot of time talking The PRESIDING OFFICER. Is there charitable donations. about the capital that goes into these objection to setting aside the pending I don’t need to tell anybody in this larger institutions. The only reason we amendment? Without objection, it is so Chamber how urgent this crisis is. talk about it is because the financial ordered. Across the country, we have already system requires that if credit is going The clerk will report. seen tent cities forming; shelters turn- to move to small businesses, to home- The legislative clerk read as follows: ing away people in need; and most owners and the like, when that small The Senator from Rhode Island [Mr. REED], major cities reporting double-digit in- business shows up at their bank and for himself, and Mr. BOND, proposes an creases in the numbers of families ex- says: Look, I have a great idea of ex- amendment numbered 1040 to amendment periencing homelessness. panding. I think the economy is im- No. 1018. There is a tendency to view home- proving. I would like to get a loan. I (The amendment is printed in today’s lessness as something that happens to would like some credit. I have some RECORD under ‘‘Text of Amendments.’’) a few adults, men and women. But too people I need to hire. I have some in- Mr. REED. This legislation is cospon- many children are without homes. ventory I need to purchase. I have sored by Senator KIT BOND, Senator As foreclosure and unemployment some improvements to expand my BOXER, Senator COLLINS, Senator DUR- rates continue to rise, more families space, and the bank says: I am sorry, BIN, Senator KERRY, Senator LAUTEN- are being pushed out of their homes. we cannot. No capital. Well, if we adopt BERG, Senator LEVIN, Senator Not everyone ends up on the streets. the DeMint amendment, that will be LIEBERMAN, Senator SCHUMER, and Sen- Some are able to move in with friends one of the reasons the answer is no be- ator WHITEHOUSE. It embodies legisla- or family members, but they can not cause we absolutely prohibited the tion I introduced earlier this year, afford a home of their own and they Treasury Department of our country along with Senator KIT BOND, the Sav- can not find a job to get back on their from converting, where they think it is ing the Homeless Emergency Assist- feet. wise to do so, preferred shares to com- ance and Rapid Transition to Housing America has not seen this level of mon shares. Not because we are requir- Act, known in short as the HEARTH displacement since the Great Depres- ing it but because we have the flexi- Act. sion and we simply cannot afford to ig- bility to do it. I want to particularly commend Sen- nore this problem. When the American taxpayer wants ator BOND for his support, help, and That is why I am offering the Home- to get a greater return on the invest- leadership in this effort. He has been less Emergency Assistance and Rapid

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I am proud am a member, has worked long and termines eligibility for much of the to call myself one of those partners, as hard on this legislation, which I believe homeless assistance funding, to include chairman of the Banking Committee. has resulted in a very strong piece of people who will lose their housing in 14 As we move forward, I know in my legislation. days; any family or individual fleeing own State of Connecticut, we have had This amendment invests $2.2 billion or attempting to flee domestic vio- a 13-percent increase in homeless fami- for targeted homelessness assistance lence, or other dangerous or life threat- lies in the last year and a half—that is grant programs and provides local com- ening situations; and families with really beginning in 2007 before this munities with greater flexibility to children and unaccompanied youth who issue of foreclosures exploded in our spend money on preventing homeless- have experienced a long term period communities. So I think those numbers ness. without living independently, have ex- are up beyond that. While strides have been made to re- perienced persistent housing insta- The number of homeless children and duce homelessness over the last couple bility, and can be expected to continue families is now increasing. The fastest of years, the current economic decline in such status for an extended period growing part of the population that is has halted that progress and threatens due to a number of enumerated factors, homeless is children in our country, to overwhelm it. such as a disability. and this is no longer just that person As a result of the recession, 1.5 mil- It also allows grantees to use up to we see on a street corner who is strug- lion additional Americans nationwide an additional 10 percent of competitive gling in their lives. Shelters are jam- are likely to experience homelessness funds to serve families defined as packed. You can only stay so long. I over the next 2 years according to esti- homeless under the Education Depart- know many of my colleagues have vis- mates by the National Alliance to End ment homeless definition, but not so ited these facilities and seen families Homelessness. In Rhode Island, the lat- defined under the HUD definition. For who, only weeks before, owned a home est numbers show homelessness is up 43 areas with low levels of homelessness, or had a place to live, are out of that percent since February of 2008. And the up to 100 percent of funds may be used situation and now are part of a growing number of shelter residents who cited for such purposes. number of people. So the timeliness of foreclosure as their reason for becom- The HEARTH Act also provides com- this legislation could not be more im- ing homeless tripled in the last 8 munities with greater flexibility in portant. We are talking about trying to months. using funds to prevent and end home- stop foreclosures. This means more trauma for children lessness. Whether it is the new Emer- What an important corollary to that and adults, more dislocation from gency Solutions Grant or the new to make sure we are simultaneously schools and communities, and more of Rural Housing Stability Assistance providing—Lord forbid people fall into a drain on local community services. Program, that would grant rural com- that situation—an opportunity to have In addition to the $2.2 billion for munities greater discretion in address- decent shelter. HUD homeless assistance programs, ing the needs of homeless people or So I thank my colleague from Rhode the HEARTH Act would also provide up those in the worst housing situations Island for his leadership. I applaud to $440 million to be used to serve peo- in their communities, this bill allows those of his cosponsors. This amend- ple who are not homeless yet, but are people to help people who are not tech- ment would consolidate existing HUD at risk of homelessness. That, I think, nically homeless, and keep them from McKinney-Vento homeless assistance is in accord with the spirit of the legis- becoming so. programs and make several improve- lation Senator DODD proposed; to pre- I recognize there have been tensions ments to cost effectively end homeless- vent people from losing their homes. on the definition issue. All of us want ness. It would allow cities and towns to to be sure that we are providing serv- I have to take note because I men- serve people who are about to be evict- ices to homeless children and families, tioned McKinney-Vento. Both individ- ed, live in severely overcrowded hous- and those at risk of homelessness. uals are great friends of mine. ing, or otherwise live in an unstable Our amendment does not change the Stu McKinney was a Congressman situation that puts them at risk of definition of homelessness in the No from Connecticut for many years and homelessness. The money could be used Child Left Behind Act for education took on the issue of homelessness. He to make utility payments, security de- programs that serve homeless children, passed away many years ago. He had a posits, and provide short- and medium- nor does it seek in any way to hinder wonderful family. His son John is one term rental assistance. or limit these services. of the Republican leaders in the Con- The HEARTH Act would increase the In fact, our amendment strives to necticut State legislature. His wife emphasis on performance by measuring reach an appropriate balance to make Lucy is a wonderful friend. Stu McKin- applicants’ progress at reducing home- sure that there are HUD funds avail- ney was a remarkable human being. lessness and providing incentives for able to help these families. Of course, Bruce Vento was a great proven solutions like rapid re-housing I hope that my colleagues can join champion. I served with him in the for families and permanent supportive Senator BOND and me, and support this House as well. McKinney-Vento, we housing for chronically homeless peo- important amendment. throw these names around, but know ple. The PRESIDING OFFICER. The Sen- that McKinney and Vento were two This is a measure not only to provide ator from Connecticut. wonderful Members of Congress who resources but also to insist upon ac- Mr. DODD. Mr. President, I am very cared deeply about what happened to countability. pleased to work with our colleague people who fall on hard times. Today, more families than ever are from Rhode Island on this matter and We can add the name REED to that living on the edge, but the national strongly urge the support of this group as well. I compliment my friend safety net is not as big or as durable as amendment as well. This is a good bill. and urge adoption of his amendment. it used to be. We have an underlying bill that is a The PRESIDING OFFICER. The Sen- This bipartisan legislation combines better bill because of what Senator ator from Rhode Island. federal dollars with new incentives to REED and Senator BOND have added to Mr. REED. Mr. President, I thank the help local communities assist families it. This is a value added to the issue. chairman for his kind words and sup- on the brink of becoming homeless. It It is one that our colleague from port. I do also recognize Senator is a wise investment of federal re- Rhode Island has been involved in for Wayne Allard of Colorado. Wayne and I sources that will save taxpayers money virtually the entire time he has been in worked together on this legislation for in the long run by preventing home- the Senate, and cared about. His ear- a number of years. In fact, we sort of lessness, promoting the development of lier partner, Senator Allard of Colo- rotated between subcommittee chair- permanent supportive housing, and op- rado, worked with him on the issue. man of the Housing Subcommittee. timizing self-sufficiency. Senator Allard retired from the Sen- Consistently and in a very bipartisan

VerDate Nov 24 2008 00:51 May 06, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.036 S05MYPT1 smartinez on PROD1PC64 with SENATE S5108 CONGRESSIONAL RECORD — SENATE May 5, 2009 fashion, we worked together. We have I ask unanimous consent that there their farm loans. So a foreclosure on a been joined by Senator BOND whose now be 2 minutes prior to a vote in re- farm loan is also commonly a fore- leadership on the Appropriations Com- lation to the Ensign second-degree closure on a home. mittee is remarkable when it comes to amendment No. 1043 to the Boxer Like many other businesses, farmers housing issues. We benefited im- amendment No. 1038; that prior to the and ranchers are struggling due to the mensely by the contributions of Sen- vote, the Ensign amendment be modi- ongoing economic troubles. The prices ators Allard and BOND. I did not have fied with the changes at the desk; that they receive have dropped by as much the fortune of knowing Stuart McKin- upon the use or yielding back of the as 50 percent since last year. At the ney. I knew him only by reputation. He time, the Senate proceed to vote in re- same time, input prices for many farm- was known as a sterling man who lation to the Ensign amendment, as ers remain relatively high. This worked hard when the issue of home- modified; that if the Ensign amend- squeeze from both sides has impacted lessness was not as central to our con- ment is not agreed to, then the Senate dairy farmers in Wisconsin and across sciousness as it is today. vote in relation to the Boxer amend- the country especially hard but is a Bruce Vento was extraordinarily de- ment; provided further that if the En- growing concern in other segments of cent. These two gentlemen sort of sign amendment is agreed to, the Boxer agriculture as well. Even when na- pointed the way. Now we have to take amendment, as amended, be agreed to tional prices have held up, in some lo- up the task and move it forward and and the motion to reconsider be laid calized areas the closure of animal further. I think we can with this legis- upon the table; that there then be 2 processing facilities has virtually lation. minutes of debate prior to a vote in re- eliminated the market for some farm- I thank the chairman for his support lation to the DeMint amendment No. ers’ production. These factors beyond and urge all colleagues to join us in their control have meant it is increas- 1026, with the time equally divided and support of the amendment. ingly difficult for many farmers to controlled between Senators DODD and I suggest the absence of quorum. keep up with their payments, including DEMINT or their designees; that after The PRESIDING OFFICER. The farm loans. clerk will call the roll. the first vote in this sequence, the sec- Given that TARP has injected almost The legislative clerk proceeded to ond vote be 10 minutes in duration. $250 billion to support the financial The PRESIDING OFFICER. Is there call the roll. stability of lenders, it seems reason- objection? Mr. REID. I ask unanimous consent able to expect them to offer restruc- that the order for the quorum call be Mrs. BOXER. Reserving the right to object, I wished to respond to Senator turing as an alternative to foreclosure rescinded. for farm loans—just as they are re- The PRESIDING OFFICER. Without REID and ask a question to the chair- quired to do already for home loans objection, it is so ordered. man. I have another amendment that and similar to the existing require- Mr. REID. Mr. President, we under- has to do with simply letting a home- ments for the farm credit system and stand how busy everyone is, but we owner know when his mortgage has direct Federal farm loans. have to finish this bill tonight. We been sold. We have objection on the While Senator GILLIBRAND and I behave people who have amendments other side. I wished to make it clear to lieve our amendment to extend re- they say they want to have a vote on. everyone, I am willing to take that on quirements to provide loan restruc- If they want to debate the issue, they a voice vote and not have to go turing as an alternative to foreclosure will have to do it soon. We have two through a recorded vote. I wished to for farm loans is a sensible approach, votes coming up. I have suggested to make that comment. I hope Senator we are willing to review the issue fur- the manager of the bill that if people SHELBY and his side will allow us to don’t come over and there are amend- ther and work with Chairman DODD on move forward on that. the issue. I appreciate the chairman’s ments pending, he move to table them. The PRESIDING OFFICER. Is there If they don’t want to bring the matters willingness to accept an alternative objection to the Senator’s request? amendment we crafted to require a spe- before the Senate, then we will move to Without objection, it is so ordered. third reading. We will finish this to- cial report by the TARP Congressional FARM LOAN RESTRUCTURING Oversight Panel on farm loan restruc- night. It is not fair for people to stand Mr. FEINGOLD. Mr. President, the around waiting for all these great ideas turing. This report will analyze the Treasury Department has committed current loan modification policies used to not come forward. If people want to to provide almost $250 billion in finan- have their amendments debated and by TARP recipients and examine the cial assistance to banks and financial alternatives that could be used for a voted on, they better do it pretty soon. institutions as part of TARP, which We have two votes scheduled forthwith. farm loan. Additionally, Chairman has become more commonly known as DODD has agreed to work with Senator After that, I hope the people who have the bank bailout. Based on 2007 figures, amendments will come and speak to GILLIBRAND and me to pull together a 40 percent of all small farm loans come meeting of USDA and Treasury offi- the manager of the bill and say: Here is from banks and financial institutions how much time I would like or at least cials to hear from farm groups and that received more than $1 billion each farmer advocates to explain the grow- give some indication, just don’t ignore under TARP. Those loans represent a us because we will not be ignoring ing need and how the existing restruc- third of the monetary value of com- them. turing program works currently under We have to move on. We have many mercial farm credit in these types of USDA direct loans and the farm credit things to do. After we finish this week, loans. So it is clear that a sizable por- system. we have 2 weeks until the Memorial tion of farm loans have been provided Mr. DODD. I appreciate the Senator Day recess. I have mentioned there are by entities that received significant from Wisconsin raising this issue and I certain days we will not have votes, TARP funding. will be pleased to work with him to ar- but during the recess, we will not have The Treasury Department’s Making range such a meeting, and to ensure votes. We have things we have to fin- Home Affordable program that was de- that the Treasury Department looks ish. We have to finish the procurement, tailed on March 4 requires TARP re- into the concerns raised in the Sen- credit cards, the supplemental, and cipients that provide home loans to ator’s amendment. this bill and some nominations. I hope take steps to avoid unnecessary fore- Mr. FEINGOLD. I appreciate the everyone will cooperate with the man- closures. The idea behind the program chairman’s support and assistance. I agers of the bill. This is extremely im- is that institutions that benefit from just want to note that this is an issue portant legislation. The longer we taxpayer funds should, in turn, be re- where instead of running from crisis to delay in passing it, the more harm it quired to help home owners as much as crisis, we have a chance to be a little will do to communities all over Amer- possible, by making foreclosure the proactive and get ahead of what could ica. last resort when loan modification is become a serious crisis in farm country The PRESIDING OFFICER. The Sen- not a viable alternative. This plan does if conditions do not improve. That is ator from Connecticut. not apply to farm loans, even though why there was such extensive support Mr. DODD. Mr. President, I believe most family farmers and ranchers re- for my initial amendment from across this request has been agreed to by both side on their farms, and their homes the spectrum of agriculture-related or- the majority and minority. are commonly listed as security on ganizations including the American

VerDate Nov 24 2008 00:51 May 06, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.042 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5109 Farm Bureau Federation, Dairy Farm- in arms-length transactions, that fiduciary the Public Private Investment Program es- ers of America, Midwest Dairy Coali- duties to public and private investors in the tablished by the Secretary of the Treasury tion, National Farmers Union, Na- fund are not violated, and that there is full or the Term Asset Loan Facility established tional Family Farm Coalition, Na- disclosure of relevant facts and financial in- by the Board of Governors of the Federal Re- terests (which conflict of interest rules shall serve System (including any successor there- tional Milk Producers Federation, Na- be implemented by the manager of a public- to or any other similar program established tional Sustainable Agriculture Coali- private investment fund prior to such fund by the Secretary or the Board), to the extent tion, Rural Advancement Foundation receiving Federal Government financing); that such priority is consistent with other International—RAFI–USA—and almost (B) require each public-private investment aspects of the mission of the Special Inspec- 60 others. I will continue working to fund to make a quarterly report to the Sec- tor General. Such audits or investigations ensure that their concerns about farm retary of the Treasury (in this section re- shall determine the existence of any collu- loans are addressed. ferred to as the ‘‘Secretary’’) that discloses sion between the loan recipient and the sell- the 10 largest positions of such fund (which er or originator of the asset used as loan col- AMENDMENT NO. 1032, AS MODIFIED reports shall be publicly disclosed at such lateral, or any other conflict of interest that Mr. DODD. On behalf of Senator time as the Secretary of the Treasury deter- may have led the loan recipient to delib- FEINGOLD, I call up amendment No. mines that such disclosure will not harm the erately overstate the value of the asset used 1032 and ask that the amendment be ongoing business operations of the fund); as loan collateral. (C) allow the Special Inspector General ac- modified with the changes at the desk; (d) RULE OF CONSTRUCTION.—Notwith- cess to all books and records of a public-pri- standing any other provision of law, nothing that upon modification, the amend- vate investment fund, including all records in this section shall be construed to apply to ment be agreed to and the motion to of financial transactions in machine read- any activity of the Federal Deposit Insur- reconsider be laid upon the table. able form, and the confidentiality of all such ance Corporation in connection with insured The PRESIDING OFFICER. Without information shall be maintained by the Spe- depository institutions, as described in sec- cial Inspector General; objection, it is so ordered. tion 13(c)(2)(B) of the Federal Deposit Insur- (D) require each manager of a public-pri- The amendment (No. 1032), as modi- ance Act. fied, was agreed to, as follows: vate investment fund to retain all books, documents, and records relating to such pub- (e) DEFINITION.—In this section, the term (Purpose: To require the Congressional Over- lic-private investment fund, including elec- ‘‘public-private investment fund’’ means a fi- sight Panel to submit a special report on tronic messages; nancial vehicle that is— farm loan restructuring) (E) require each manager of a public-pri- (1) established by the Federal Government At the end, add the following: vate investment fund to acknowledge, in to purchase pools of loans, securities, or as- TITLE ll—FARM LOAN RESTRUCTURING writing, a fiduciary duty to both the public sets from a financial institution described in and private investors in such fund; section 101(a)(1) of the Emergency Economic SEC. l01. CONGRESSIONAL OVERSIGHT PANEL Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); SPECIAL REPORT. (F) require each manager of a public-pri- and Section 125(b) of the Emergency Economic vate investment fund to develop a robust (2) funded by a combination of cash or eq- Stabilization Act of 2008 (12 U.S.C. 5233(b)) is ethics policy that includes methods to en- uity from private investors and funds pro- amended by adding at the end the following: sure compliance with such policy; (G) require strict investor screening proce- vided by the Secretary of the Treasury or ‘‘(3) SPECIAL REPORT ON FARM LOAN RE- dures for public-private investment funds; funds appropriated under the Emergency STRUCTURING.—Not later than 60 days after Economic Stabilization Act of 2008. the date of enactment of this paragraph, the and (H) require each manager of a public-pri- Oversight Panel shall submit a special report (f) OFFSET OF COSTS OF PROGRAM vate investment fund to identify for the Sec- on farm loan restructuring that— CHANGES.—Notwithstanding the amendment retary each investor that, individually or to- ‘‘(A) analyzes the state of the commercial made by section 202(b) of this Act, paragraph gether with its affiliates, directly or indi- farm credit markets and the use of loan re- (3) of section 115(a) of the Emergency Eco- rectly holds equity interests in the fund ac- structuring as an alternative to foreclosure nomic Stabilization Act of 2008 (12 U.S.C. quired as a result of— by recipients of financial assistance under 5225) is amended by inserting ‘‘, as such (i) any investment by such investor or any the Troubled Asset Relief Program; and amount is reduced by $2,331,000,000,’’ after of its affiliates in a vehicle formed for the ‘‘(B) includes an examination of and rec- ‘‘$700,000,000,000’’. purpose of directly or indirectly investing in ommendation on the different methods for the fund; or The PRESIDING OFFICER. The Sen- farm loan restructuring that could be used (ii) any other investment decision by such ator from California. as part of a foreclosure mitigation program investor or any of its affiliates to directly or for farm loans made by recipients of finan- Mrs. BOXER. Mr. President, there is indirectly invest in the fund that, in the ag- now 2 minutes equally divided on the cial assistance under the Troubled Asset Re- gregate, equal at least 10 percent of the eq- lief Program, including any programs for di- uity interests in such fund. Ensign amendment; is that correct? rect loan restructuring or modification car- (2) INTERACTION BETWEEN PUBLIC-PRIVATE The PRESIDING OFFICER. The Sen- ried out by the Farm Service Agency of the INVESTMENT FUNDS AND THE TERM-ASSET ator is correct. Department of Agriculture, the farm credit BACKED SECURITIES LOAN FACILITY.—The Sec- system, and the Making Home Affordable Mrs. BOXER. Mr. President, I am retary shall consult with the Special Inspec- here to say this is a very friendly Program of the Department of the Treas- tor General and shall issue regulations gov- ury.’’. erning the interaction of the Public-Private amendment to the underlying Boxer AMENDMENT NO. 1043, AS MODIFIED Investment Program, the Term-Asset amendment. I hope everyone will sup- The PRESIDING OFFICER. Under Backed Securities Loan Facility, and other port it. I am very proud of the work we the previous order, the Ensign amend- similar public-private investment programs. did in a bipartisan way. I thank our ment No. 1043 is modified by the Such regulations shall address concerns re- staffs for doing this. It is a very signifi- changes at the desk. garding the potential for excessive leverage cant amendment. What we are saying The amendment (No. 1043), as modi- that could result from interactions between is, as we begin this new program, this such programs. Public-Private Partnership to buy fied, is as follows: (3) REPORT.—Not later than 60 days after On page 1, strike line 6 and all that follows the date of the establishment of a program toxic assets from the banks, Senator through page 6 line 5, and insert the fol- described in paragraph (1), the Special In- ENSIGN and I wish to make sure there lowing: spector General shall submit a report to Con- is no collusion in the dealing, that (a) SHORT TITLE.—This section may be gress on the implementation of this section. there is no conflict of interest as this cited as the ‘‘Public-Private Investment Pro- (c) ADDITIONAL APPROPRIATIONS FOR THE goes by. We wish to make sure the in- gram Improvement and Oversight Act of SPECIAL INSPECTOR GENERAL.— spector general has the funding re- 2009’’. (1) IN GENERAL.—Of amounts made avail- quired to audit this program in a time- (b) PUBLIC-PRIVATE INVESTMENT PRO- able under section 115(a) of the Emergency GRAM.— Economic Stabilization Act of 2008 (Public ly fashion. I am very pleased we have (1) IN GENERAL.—Any program established Law 110-343), $15,000,000 shall be made avail- had this bipartisan coming together be- by the Federal Government to create a pub- able to the Special Inspector General, which cause we were a little bit far apart. But lic-private investment fund shall— shall be in addition to amounts otherwise we worked hard for actually a couple (A) in consultation with the Special In- made available to the Special Inspector Gen- weeks on this. spector General of the Trouble Asset Relief eral. I urge everyone to vote for the En- Program (in this section referred to as the (2) PRIORITIES.—In utilizing funds made ‘‘Special Inspector General’’), impose strict available under this section, the Special In- sign-Pryor-Boxer second-degree amend- conflict of interest rules on managers of pub- spector General shall prioritize the perform- ment, and then we will move for adop- lic-private investment funds to ensure that ance of audits or investigations of recipients tion of the Boxer amendment, as securities bought by the funds are purchased of non-recourse Federal loans made under amended.

VerDate Nov 24 2008 00:51 May 06, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.012 S05MYPT1 smartinez on PROD1PC64 with SENATE S5110 CONGRESSIONAL RECORD — SENATE May 5, 2009 I yield back the time. I do not see Who yields time? West Virginia (Mr. ROCKEFELLER), are Senator ENSIGN here, but I know he be- The Senator from South Carolina is necessarily absent. lieves very strongly in this second-de- recognized. The result was announced—yeas 36, gree amendment. Mr. DEMINT. Mr. President, if I nays 59, as follows: The PRESIDING OFFICER. The time could have my colleagues’ attention, [Rollcall Vote No. 181 Leg.] of the Senator has expired. the next amendment is one that would YEAS—36 Mrs. BOXER. I ask for the yeas and prohibit the Federal Government from Alexander DeMint McCain nays. converting TARP loans to common eq- Barrasso Ensign McConnell The PRESIDING OFFICER. They are uity. Millions of Americans are telling Bond Enzi Murkowski already ordered. us that enough is enough. We were told Brownback Graham Risch Bunning Grassley Roberts Who yields time in opposition? that the TARP money would be used Burr Gregg Sessions If there is no further debate on the one way, and it hasn’t been used that Chambliss Hutchison Shelby Ensign amendment, the question is way. It has been used for loans. We Coburn Inhofe Snowe Cochran Isakson Thune agreeing to amendment No. 1043, as cannot let it go further to let these Collins Johanns Vitter modified. loans convert to common stock. Cornyn Kyl Voinovich The yeas and nays have been ordered. I urge my colleagues to support at Crapo Lugar Wicker The clerk will call the roll. least some firewall between what the NAYS—59 The assistant legislative clerk called Federal Government does and the pri- Akaka Feinstein Mikulski the roll. vate sector. We didn’t approve TARP Baucus Gillibrand Murray Mr. DURBIN. I announce that the funds so the Government could become Begich Hagan Nelson (NE) Senator from South Dakota (Mr. JOHN- common equity shareholders in banks Bennet Harkin Nelson (FL) Bennett Hatch SON), the Senator from Massachusetts across the country. Let’s let them give Pryor Bingaman Inouye Reed (Mr. KENNEDY), and the Senator from this back when they are capitalized, Boxer Kaufman Reid West Virginia (Mr. ROCKEFELLER) are but let’s not get the Government in the Brown Kerry Sanders Burris Klobuchar Schumer necessarily absent. business of owning banks. Byrd Kohl Shaheen The PRESIDING OFFICER. Are there My amendment would prohibit the Cantwell Landrieu Specter any other Senators in the Chamber de- conversion of these loans to common Cardin Lautenberg Stabenow siring to vote? equity. I encourage my colleagues to Carper Leahy Casey Levin Tester The result was announced—yeas 96, support it. Conrad Lieberman Udall (CO) nays 0, as follows: The PRESIDING OFFICER. The Sen- Corker Lincoln Udall (NM) [Rollcall Vote No. 180 Leg.] ator from Connecticut is recognized. Dodd Martinez Warner Mr. DODD. Mr. President, briefly, let Dorgan McCaskill Webb YEAS—96 Durbin Menendez Whitehouse me thank my colleague from South Akaka Durbin McConnell Feingold Merkley Wyden Carolina. The reason I oppose this Alexander Ensign Menendez NOT VOTING—4 Barrasso Enzi Merkley amendment is because we ought to Baucus Feingold Mikulski have the flexibility. It is not a man- Bayh Kennedy Bayh Feinstein Murkowski Johnson Rockefeller Begich Gillibrand Murray date. Today, the Treasury has the right Bennet Graham Nelson (NE) to be able to convert preferred shares The amendment (No. 1026) was re- Bennett Grassley Nelson (FL) to common shares. There is a reason jected. Bingaman Gregg Pryor for that. The markets react in terms of Mr. DODD. Mr. President, I move to Bond Hagan Reed reconsider the vote, and I move to lay Boxer Harkin Reid real capital to common shares, not pre- Brown Hatch Risch ferred shares. Preferred shares are a that motion on the table. Brownback Hutchison Roberts form of debt. If you are trying to get The motion to lay on the table was Bunning Inhofe Sanders capital into lending institutions, which agreed to. Burr Inouye Schumer The PRESIDING OFFICER. The Sen- Burris Isakson Sessions is critical to be able to provide loans, Byrd Johanns Shaheen you need to have capital. Common ator from Massachusetts. Cantwell Kaufman Shelby shares allow you to make that deter- AMENDMENT NO. 1036 Cardin Kerry Snowe Carper Klobuchar Specter mination. Mr. KERRY. Mr. President, I call up Casey Kohl Stabenow Secondly, on the upside for tax- amendment No. 1036, with a possible Chambliss Kyl Tester payers, and TARP money coming back, modification, and ask for its imme- Coburn Landrieu Thune diate consideration. Cochran Lautenberg Udall (CO) there is a greater likelihood we will Collins Leahy Udall (NM) benefit if we have common shares. I am The PRESIDING OFFICER. The Conrad Levin Vitter not advocating that kind of conversion, amendment is pending and, without ob- Corker Lieberman Voinovich but you ought to have the flexibility to jection, it is the pending amendment. Cornyn Lincoln Warner Mr. KERRY. I thank the Chair. Crapo Lugar Webb move from preferred to common. You DeMint Martinez Whitehouse may want to bifurcate that in some of Mr. President, I am offering this Dodd McCain Wicker these tranches. The Senator’s amend- amendment to address the needs of Dorgan McCaskill Wyden ment would prohibit that in any case. renters in properties that have been NOT VOTING—3 I think that is the wrong move to foreclosed. This amendment is cospon- Johnson Kennedy Rockefeller make. sored by Majority Leader REID, Senate Banking Committee Chairman DODD, The amendment (No. 1043), as modi- I oppose the amendment and urge my and Senators KENNEDY, BOXER, fied, was agreed to. colleagues to vote against it. GILLIBRAND, and MERKLEY. Mr. DODD. Mr. President, I move to The PRESIDING OFFICER. All time Congress has already taken extraor- reconsider the vote, and I move to lay has expired. The question is on agree- dinary measures to help troubled bor- that motion on the table. ing to amendment No. 1026. Mr. DEMINT. Mr. President, I ask for rowers in communities where they AMENDMENT NO. 1038 the yeas and nays. have abandoned foreclosed properties, The PRESIDING OFFICER. Under The PRESIDING OFFICER. Is there a but Congress has done very little to the previous order, amendment No. sufficient second? There is a sufficient help renters who have been paying 1038, as amended, is agreed to, and the second. their rent regularly on time but, unfor- motion to reconsider is considered The clerk will call the roll. tunately, they have landlords who are made and laid upon the table. The assistant legislative clerk called losing their property to foreclosure. So AMENDMENT NO. 1026 the roll. these renters are absolutely blameless Under the previous order, there will Mr. DURBIN. I announce that the victims in the foreclosure catastrophe now be 2 minutes of debate, equally di- Senator from Indiana (Mr. BAYH), the that has hit the country. vided, prior to a vote in relation to Senator from South Dakota (Mr. JOHN- It is estimated that as many as one amendment No. 1026, offered by the SON), the Senator from Massachusetts in every six mortgages in America is Senator from South Carolina. (Mr. KENNEDY), and the Senator from going to be lost to foreclosure in the

VerDate Nov 24 2008 00:51 May 06, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.045 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5111 next 4 years. In Massachusetts, more January, a 45-year-old former factory ‘‘(5) DISTRIBUTION OF FUNDS IN CERTAIN than 12,000 homeowners lost their worker from China came home to her STATES; COMPETITION FOR FUNDS.—Each State homes to foreclosure last year, an in- third-floor walkup in east Boston to that receives the minimum allocation of crease of 62 percent in just 1 year. find a crew of moving men removing amounts pursuant to the requirement under section 2302 shall be permitted to use such About 3,300 of those foreclosures in- all of her furniture. She thought she amounts to address statewide concerns, pro- volved homes with two or three units, was being robbed. She didn’t speak vided that such amounts are made available and most of those homes had tenants English. She pleaded with them in Chi- for an eligible use described under para- who were evicted. nese to stop. She ended up on the graphs (3) and (4) of subsection (c).’’; and These renters often have absolutely street with all of her possessions until (2) in subsection (c), by adding at the end no idea that their home is about to be a city clerk noticed that the eviction the following: foreclosed. Depending on the State paperwork, which the renter had never ‘‘(4) FORECLOSURE PREVENTION AND MITIGA- they live in, they may be evicted with received, had expired. A judge issued an TION.— ‘‘(A) IN GENERAL.—Each State and unit of absolutely no notice. Obviously, this order that allowed her to move back. general local government that receives an could be particularly difficult for low- But for how long and under what cir- allocation of any covered amounts, as such income renters who don’t have the re- cumstances? amounts are distributed pursuant to section sources to relocate or even to do so These kinds of incidents show how 2302, may use up to 10 percent of such very quickly. completely vulnerable renters are to amounts for foreclosure prevention pro- Under this amendment, tenants in this foreclosure cycle we are wit- grams, activities, and services, foreclosure any federally related mortgage loan or nessing. It is well documented how mitigation programs, activities, and serv- any dwelling or residential real prop- foreclosure is already overpowering ices, or both, as such programs, activities, erty with a lease have a right to re- countless numbers of homeowners who and services are defined by the Secretary. ‘‘(B) DEFINITION OF COVERED AMOUNTS.—For main in the unit until the end of the are unable to pay their mortgages, but purposes of this paragraph, the term ‘covered existing lease. If a new purchaser in- foreclosure is also causing a rampage amount’ means any amounts appropriated— tends to use the property as a primary of sudden evictions of renters. My ‘‘(i) under this section as in effect on the residence, then the lease may be termi- amendment would stop that rampage date of enactment of this section; and nated, but the tenant has to receive 90 and help unsuspecting renters from ‘‘(ii) under the heading ‘Community Devel- days’ notice to vacate. falling victim to foreclosure in which opment Fund’ of title XII of division A of the So what we believe is that this pro- they played absolutely no part. American Recovery and Reinvestment Act of vides an appropriate level of protec- I thank the Senate Banking Com- 2009 (Public Law 111-5; 123 Stat. 217).’’. (b) RETROACTIVE EFFECTIVE DATE.—The tion. It doesn’t take away the right of mittee chairman, Senator DODD, for his amendment made by subsection (a) shall someone who takes over the home in support of this amendment. It will very take effect as if enacted on the date of enact- foreclosure to be able to then transi- plainly help families stay in their ment of the Foreclosure Prevention Act of tion that property or it decides if that homes. It is a way of preventing an al- 2008 (Public Law 110-289). person is going to keep the property as ready grave situation being turned into Mr. CASEY. Madam President, this a rental property, the person who alone that is even more egregious and amendment deals with the Neighbor- ready has a legitimate lease has a right more insulting. I think Senator DODD hood Stabilization Program, a very im- to be able to stay. understands this. No one has worked portant part of our strategy to fight The provisions of this amendment harder than he has to fight against the the battle against foreclosure through- would sunset. I wish to make that level of foreclosures that are taking out the country. So many States have clear. This sunset is based on the no- place. had a terrible time with record num- tion that this is to deal with the cur- I appreciate his leadership and his bers of foreclosures. The State I am rent crisis, and it would sunset on De- support for the families across the Na- from, the State of Pennsylvania, fortu- cember 31, 2012. Furthermore, it states tion who are facing this kind of fore- nately has not had as big a problem as specifically that none of the provisions closure problem. some States, but we still have a major here would affect any State and local I yield the floor. challenge on our hands. law that provides a longer time period The PRESIDING OFFICER (Mrs. The good news is we have strategies or other additional protections to rent- SHAHEEN). The Senator from Pennsyl- to deal with it and we have a lot of lo- ers. So there is nothing here that re- vania. cally grown, so to speak, strategies in duces the protection renters get. AMENDMENT NO. 1033 TO AMENDMENT NO. 1018 big cities such as Philadelphia and Let me give my colleagues a couple Mr. CASEY. Madam President, I call smaller communities where people at graphic examples. A landlord should up amendment No. 1033. the local level are dealing with it on not be allowed to come in, change the The PRESIDING OFFICER. Without the front end and the back end. locks, and force out tenants who were objection, the clerk will report. On the front end, that means having there completely legitimately, with an The bill clerk read as follows: strategies in place for counseling and expectation that they were coming The Senator from Pennsylvania [Mr. other ways to prevent people from get- home to their same old home. A recent CASEY], for himself and Mr. LEAHY and Mr. ting into a problem of foreclosure. story in the Boston Globe shows how SPECTER and Mrs. GILLIBRAND, proposes an This amendment is very simple. amendment numbered 1033 to amendment devastating and, frankly, absurd this No. 1018. What it says is that dollars allocated can be at times. under this program, some of those dol- Mr. CASEY. Madam President, I ask A Dorchester, MA, man returned to lars should be allowed to be used for unanimous consent that the reading of the home he had been renting for the foreclosure prevention, as well as miti- the amendment be dispensed with. past 4 years. He found that the locks The PRESIDING OFFICER. Without gation. Basically, what we are asking had been changed and a foreclosure no- objection, it is so ordered. for in this amendment and what it tice had been placed on the door. With The amendment is as follows: would do is allow up to 10 percent of a neighbor’s help, he managed to crawl (Purpose: To enhance State and local neigh- the funding under the Neighborhood through a second-floor window to get borhood stabilization efforts by providing Stabilization Program to be used for into the apartment. When the police foreclosure prevention assistance to fami- foreclosure prevention programs, ac- arrived, he had to beg them not to be lies threatened with foreclosure and per- tivities, and services, and then, sec- arrested. Fortunately, he was not but mitting Statewide funding competition in ondly, in another category, foreclosure only because he was able to show proof minimum allocation States) mitigation programs, activities, and he rented the apartment. Then for the At the end of title I of the amendment, add services. next 4 months, he had to battle with the following: I believe it is critically important to the bank that then owned the building, SEC. 105. NEIGHBORHOOD STABILIZATION PRO- give local officials and people running enduring no heat, no electricity, and GRAM REFINEMENTS. programs at the local level the discre- (a) IN GENERAL.—Section 2301 of the Fore- no water while he went through that 4- closure Prevention Act of 2008 (42 U.S.C. 5301 tion—a very limited amount of discre- month process. note) is amended— tion but some discretion—on how they This is disgraceful. Unfortunately, it (1) in subsection (b), by adding at the end spend those dollars. We hear a lot of is not an isolated incident. In early the following: discussion in this Chamber all the time

VerDate Nov 24 2008 00:51 May 06, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.047 S05MYPT1 smartinez on PROD1PC64 with SENATE S5112 CONGRESSIONAL RECORD — SENATE May 5, 2009 about empowering people at the local size and scope of the Federal Govern- are not going to accept this amend- level. This is one way to do it. They ment, but we never want to pull it ment. They are going to raise a point know how to fight this battle. They back in when it is not effective and of order because it costs $20 million. have strategies in place to prevent peo- when it is not working. So what do we But when CBO scored it, they did not ple from falling into foreclosure, but do? We create a new program or we count any of the funds coming from the also how to mitigate it if foreclosure renew a new authorization, not looking properties. comes about. at the facts, not looking at the down- It is a net gain of billions, and we are That is what this amendment is all side consequences of it. What we do is going to get a point of order. Why? Be- about. I ask my colleagues to support just reauthorize it with a good goal in cause we would rather satisfy com- it. It is the right thing to do for a lot mind. pletely an interest group than do what of local communities. It is also the Helping homeless people is great for is best for the country as a whole. We right thing to do for people who are ex- us to do. The McKinney-Vento Act in would rather spend more money than pert at dealing with foreclosure preven- the past has made a great contribution save money. We would rather look good tion, as well as mitigation. to 250 homeless shelters in this coun- in one area than protect the future in I yield the floor. try. But nobody pays attention to the the long term. The PRESIDING OFFICER. The Sen- fact that we spent $300 million and One cannot read this amendment and ator from Oklahoma. went through 30,000 properties to fund not say it doesn’t make common sense Mr. COBURN. Madam President, I 250 homeless shelters. for us to be doing it. It is absolute com- ask unanimous consent that the Reed The other thing that is not recog- mon sense. What the American people amendment be the pending amend- nized is that we have all these pieces of know, better than we do, is there is not ment. property we cannot get rid of. It is ac- much of that up here; otherwise, we The PRESIDING OFFICER. Without tually 69,850 properties that the Fed- would have solved this problem 4 years objection, it is so ordered. eral Government owns that it is not ago when I started offering amend- AMENDMENT NO. 1042 TO AMENDMENT NO. 1040 using. Some of them need to be razed, ments on it. But we don’t want to do it. (Purpose: To establish a pilot program for but they are costing us billions every We don’t want to take on the estab- the expedited disposal of Federal real prop- year to maintain because we have a bu- lished, connected lobbyists and interest erty) reaucracy that we cannot get through groups that say: No, we don’t want Mr. COBURN. Madam President, I to sell the property. that to happen. call up my amendment to the Reed We have $89 billion of cash sitting We had an offer from the House to do amendment. there right now—right now, $89 billion. five properties over 5 years. That was The PRESIDING OFFICER. The That is conservative appraisal values the offer from the House—5 out of clerk will report. today on properties. We could put that 69,000 properties—69,000 pieces of prop- The bill clerk read as follows: money into the Federal Treasury. That erty the Federal Government has that The Senator from Oklahoma [Mr. COBURN] is $89 billion we would not borrow it wants to get rid of and we cannot do proposes an amendment numbered 1042 to against our grandchildren if, in fact, it because we are afraid we might miss amendment No. 1040. we had a commonsense, cogent way to one opportunity to put a piece of prop- Mr. COBURN. Madam President, I dispose of excess Federal properties. erty in the hands of good people who ask unanimous consent that the read- All this amendment does is say let’s want to do the right thing for those ing of the amendment be dispensed create a pilot program for 5 years. less fortunate. with. Let’s offset anything 100,000 square feet Yet we sit here and we deny common The PRESIDING OFFICER. Without or less. Anything bigger let’s go around sense. If we sold $89 billion worth of objection, it is so ordered. it. We are not going to have 100,000- properties, compound that interest (The amendment is printed in today’s square-foot homeless shelters. And over what we are borrowing right now let’s incentivize the agencies to get rid over the next 5 years. Think about how RECORD under ‘‘Text of Amendments.’’) of their property by leaving 20 percent that could offset some of our difficul- AMENDMENT NO. 1036 of the money they would get from sell- ties today. If we just did half of it, Mr. COBURN. Madam President, I am ing those properties in the agency. what would happen? The first thing the going to spend a minute talking about The GAO says one of our biggest at- American people would say is, Hey, the Kerry amendment. I am sitting risk programs is our real property they are starting to get it. They are over here listening to him. There is no management. Peter Orszag testified in starting to understand what we are question he is right on what should his hearings on confirmation that it is going through, making priorities. happen in terms of notifications on a giant problem. So now we come up The risk of missing an opportunity evictions. But we are about to make with an amendment that is common for a homeless shelter versus getting the same mistake we make all the sense. It is a pilot project. All it does is rid of a high-risk problem that this time. That is a State issue. State laws say let’s test it on a limited number of Federal Government has—not denying apply, and we are going to pull that in properties for 5 years and see if we but maybe missing one opportunity as and make it a Federal issue. Anybody can’t move some of this property, can’t small compared to how it is going to who has any connection with Federal lower the cost of Government for the impact the future homeless people in insurance, FHA, anything else, we are American people, and let’s do it in a this country, who are going to be our now going to start writing the laws on way that is smart. grandkids who will never be able to af- contract law in my State, in his State, We have over 10,000 properties that ford to buy a home because we are and every other State. That is exactly need to be razed, need to be torn down, strangling them with debt. how we got into the trouble we are in that we are expending tons of money to It will be fine to challenge this on a today. guard or protect or to maintain in a point of order. I will make a motion to I hope the American people will look small fashion that is absolutely waste- waive the point of order. We can have at how we got where we are. We got ful. Yet this body does not want to do a vote in the Senate about whether we where we are because we are putting that. It does not want to approach a are going to take commonsense actions our nose into States’ business. We commonsense program. that actually help our kids and our think we have a nexus, no matter what This does not do anything to home- grandkids at the same time we are the problem is, we ought to be solving less people. This does not take any op- helping the homeless or we are going to it, which means why have State legis- portunities away from them. There is a say: No, we are not going to do any- latures anymore? Why have Governors? very set guideline in here on how they thing new. We are not going to do com- Why not solve all the problems? get to perform against the properties mon sense. We are not going to apply AMENDMENT NO. 1042 under the pilot project. But we are what the ordinary man would do with Now to the amendment at hand. You going to claim—because the homeless their own money. We are just going to cannot help but be discouraged about groups that support McKinney-Vento reject it. the Congress. We have all these grand are not happy with it, we are going to The fact that this is not even consid- ideas and new programs to expand the claim we cannot do anything. So we ered to be accepted in this bill is a

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We have to will not get everything we want if you of the distribution of the properties, is take prudent steps—and I wish, looking do that. the right of State and local govern- back over the last 8 years, some of my This Nation needs to learn right now; ments to buy property at a discounted colleagues on this side would have been if we are going to get out of these prob- price. much more prudent in their fiscal poli- lems, we are all going to have to sac- Madam President, as Governor, you cies that took a surplus in 2001 and rifice something. Everybody is going to have probably considered this option turned it into a huge deficit in 2008, have to sacrifice. That means we can’t many times. It is my understanding 2009. So the ability to look ahead is not have everything we want. So the very that this underlying bill would exempt exclusive to one side of the aisle. But idea that we won’t address this issue at a number of the properties from the the legislation I have proposed, along this time on housing, when we have a Federal Property Act provisions that with Senator BOND, represents a reau- big, large, overburdening problem with would allow, in fact, State and local thorization of McKinney-Vento, which real property in the Federal Govern- governments to access these properties will give the States and localities bet- ment, says: What are we thinking at prices that are reasonable, particu- ter tools to deal with the current crisis about? Why does this not fit within the larly now, given the budget pressures of countless families who are without bounds of what we are supposed to be of local governments. But, in addition, homes. doing right now? Who are we going to this 5-year pilot program would encom- My concern is not only with the hurt if we create a pilot program to get pass the largest and potentially most breadth of this amendment, with its rid of properties over 100,000 square valuable properties that are held in focus on one part of a much more com- feet? How much money are we going to surplus by the United States. plicated puzzle, but also the fact that I save just on maintenance every year? It is far from a pilot program. What think it could seriously jeopardize the It has to be seen in the light of the our colleagues in the House are talking passage of what is important legisla- whole picture, not just in the light of about is a true pilot program—a lim- tion—the McKinney-Vento reauthor- the homeless. If we fail to do that, we ited number of properties to validate ization. I do believe, because of the Senator’s fail to think about the long-term bene- and really legitimize the approach Sen- efforts, because of his sincere and ener- fits that will come from having com- ator COBURN and others are suggesting. I know the Senator has been working getic and consistent advocacy of this, mon sense in real property reform. We that this issue is resonating on both very diligently and sincerely with col- ought to be doing this. We ought to be sides—both with our colleagues in the leagues on both sides of the aisle, but helping the next two generations. House and here in the Senate. I would I am reminded that I did 27 townhall this represents a version, an early be extraordinarily disappointed if we meetings while we were on break. And version, I believe, that, at least in were to miss a great opportunity to I will never forget, this guy came up to terms of discussion with others, has fundamentally reform the program. me and said: I don’t care what you do been changed somewhat. We worked with the Senator last One point I wish to make with re- to me, quit hurting my children. Quit Congress. We had bipartisan support, spect to the underlying amendment hurting my children. led by Senator Allard. We had, in fact, that is important is that we are not at- Not accepting this amendment hurts the clear endorsement of President tempting to deal with the issue of prop- everybody’s kids. It is money we could Bush and the Housing and Urban De- save if we wanted to, but we won’t be- erty distribution, which cuts across the velopment Department under the Bush cause we don’t have the backbone or entire spectrum of Federal properties— administration for our homelessness the courage to do what is the best right practically every agency in the Federal proposal, but it failed because this leg- thing for the country right now. I have Government. That encompasses not islation, the Reed amendment, was em- no doubt we will do the politically ex- only the rights—very limited rights—of broiled in this controversy of property pedient thing. We won’t work on real homeless groups to acquire property disposition which spans every agency property. We won’t solve this big issue but fundamentally the rights of State of the Federal Government. It is not that costs us billions every year just in and local communities to acquire this just HUD, it is the Department of De- maintenance costs. We will do the easy property. In fact, for many State and fense, the Department of Agriculture, thing. local communities, this program is a the Department of the Interior. I will have more to say about this as major source of economic development. I think if we are going to do some- it is challenged on the point of order, Again looking at the Chair, who was thing this comprehensive, let’s not sin- and also before the vote, but I hope my the Governor of the State of New gle out the homelessness initiative as colleagues start becoming partisan for Hampshire, Pease Air Force Base was sort of the wedge or the fulcrum or the our kids, partisan for our children. We surplus property which is now a dy- lever. Let’s step back, work collec- can help the homeless and help our namic economic development tool. My tively, collaboratively, and pass legis- kids too. We can help the homeless and guess, again, was that it was obtained lation that will apply across the board create a better future for our kids, but by the State, probably using at least in and will do so in a principled and prac- we can’t if we won’t take a risk. So my part some of these powers. All of that tical way. There is no opposition to challenge to my colleagues is to at would be altered in this pilot program that. least look at the amendment and say: that would give, in fact, public lands I would also note, as the Senator al- If it was my money, what would I be managers wide discretion to dispose of luded to, that at an appropriate mo- doing? And the fact is, if it was your properties. Again, it is a pilot program, ment there will be a point of order money, you wouldn’t be sitting on $89 but it is so long term. Five years is not raised on the legislation. But I would billion worth of property that is cost- exactly a short-term, let’s do an exper- hope that, again, we could move ing us billions every year to maintain, iment, evaluate it, and see what can be through this proposed second degree, that we are not using, and that we done. pass the underlying amendment, and can’t get through the process to get rid Our legislation, the underlying not forget but in fact redouble our ef- of. amendment, is the result of many forts to approach this in a comprehen- With that, I yield the floor. years of bipartisan effort to deal with sive way. I know many colleagues—not The PRESIDING OFFICER. The Sen- the issue of homelessness, not the dis- only Senator COBURN but Senator CAR- ator from Rhode Island. tribution or disposition of public prop- PER—are sincerely and enthusiastically Mr. REED. Madam President, Sen- erty. I think it would represent an ex- interested in having reform of the way ator COBURN has been working very traordinary improvement in the cur- we dispose of property. diligently over the last several years to rent system. It is more efficient, it I am certainly also in a position to deal with the issue of property disposi- consolidates applications, it gives say personally that I think if we do

VerDate Nov 24 2008 00:51 May 06, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.049 S05MYPT1 smartinez on PROD1PC64 with SENATE S5114 CONGRESSIONAL RECORD — SENATE May 5, 2009 this, we have to take into consider- This doesn’t have a liberal or conserv- that will help qualify the status of war- ation the equities of all the parties. ative slant to it. It is just plain old, rants that are currently held by the This is not just about homeless groups good old Oklahoma common sense, Department of Treasury with respect that get grants, this is about State and good old Connecticut common sense, to TARP. It will give the Secretary of local governments, this is about the good old Rhode Island common sense. the Treasury discretion to dispose of way we have established over many The fact we would reject it says that those warrants when he feels it is ap- years the disposition of Federal prop- our motives have to be somewhat sus- propriate. Right now, under language erty. Can it be improved? Yes, it can. pect on the reasons we would reject it that was adopted in the context of our Should we improve it? Yes, we should. at this time, especially when we are in debates over the recent amendments to But I think to essentially target the the trouble we are in. TARP, there is a mandatory require- homeless population as sort of the It is so discouraging to go home and ment for the Secretary to surrender or lever for this change is the wrong ap- hear people say, why are you doing dispose of the warrants if the TARP proach. So I would, at the appropriate what you are doing? Why aren’t we fix- funds are returned by a financial insti- moment, either myself or the manager, ing this? Why aren’t we making the tution. raise a point of order. small steps that create a big step that I believe the Secretary should have With that, I yield the floor. create a yard that create a mile that the discretion to hold these warrants if Madam President, I do have another secures the future? he thinks it is in the best interests of amendment which I would like to call It is amazing to me that you can the taxpayers. The whole point of the up, but I see the Senator from Okla- have a real objection to this amend- warrants, and a point I insisted upon in homa is here, and he should have an ment—not 150 properties a year. That the original legislation for the TARP opportunity to speak. isn’t going to impact anybody except bill last September, indeed a point that The PRESIDING OFFICER. The Sen- our kids in the long term, and it is I found to resonate with many of our ator from Oklahoma. going to impact them positively. But colleagues on the Republican side— Mr. COBURN. I appreciate Senator we are going to have a parochial reason SPENCER BACHUS, the ranking Repub- REED’s understanding of our effort, but why we might not do it? I think that is lican on the House Financial Affairs the question arises: We have 69,850 what I might have heard implied. A pa- Committee cited this specifically as properties. This isn’t a big pilot. It rochial protection? We are going to die one of the reasons why the TARP pro- only allows 750 properties to be dis- of parochialism. It is going to kill us. gram could be supported—and that is, posed of. Think about that—750. It is Eighty-plus billion dollars sitting there in addition to our investment in pre- barely over 1 percent. It is going to be and we could take and lower the im- ferred stock which pays dividends, the $800 million to $1 billion, and we are pact of this tremendous downturn and Government would also have the right going to block everything—a pilot—be- make a difference. Yet we are going to to obtain warrants; that would be the cause it is too big, too expansive—750 say no. right to acquire stock in the future. properties out of 69,850. We don’t think As they say in Oklahoma—go figure. Interestingly enough, at the time we we ought to attach that now? Mr. DODD. Will my colleague yield? were debating the TARP bill, Warren We put in extra provisions to make Mr. COBURN. I am happy to yield. Buffett, who was a very sophisticated sure the homeless can have these, but Mr. DODD. I understand what my and is a very sophisticated investor, most of them aren’t good for anything. colleague from Rhode Island is talking made a preferred stock investment in a In fact, most of them will probably be about, but I must say our colleague large financial institution and also re- razed. But the fact is, to say we can’t from Oklahoma is making a lot of ceived warrants. So this is typically do it—we have been saying we can’t do sense. He often does so. Who has juris- how many of these deals are done. it for 41⁄2 years. Can’t do it. Can’t do it. diction over this? Does it depend upon At this juncture the institutions re- When can we do it? And 750 properties the Federal property, where it is lo- ceiving TARP funds have the right at to look at over a 5-year period is just cated? Which of the committees? any time to pay it back. That is an 150 properties a year. How small does it Mr. COBURN. Homeland Security. issue that has been settled. It is the Mr. DODD. People say debates here need to be for us to have a pilot—out of policy of the United States. But I be- don’t have an effect on anybody. I will 750, 150 properties a year? A total of lieve the Secretary of the Treasury make a commitment to you as chair- 69,850. One hundred fifty, and we can’t should have the discretion, because man of the Banking Committee, I will do that? And because we can’t do that, these are separate instruments, to hold that becomes a symbol for the rest of work with you on this. Mr. COBURN. I appreciate the Sen- those warrants, to maximize, if he can, our failures. We can’t sell 750 prop- ator’s offer. the market price that he will receive erties and protect the homeless while Mr. DODD. I am intrigued by what on behalf of the taxpayers. we do it and lower some of the burden the Senator is saying. I suspect a lot of This, again, is an issue that was very of the excess real property this Govern- other people don’t disagree with what critical to many of us in the initial ment has. If we can’t do that on this he is driving at here. We need to pull adoption of the TARP legislation. We bill, a small number of properties, I am some people together to see if we might are not mandating that the Secretary wondering what we can do. get something done. of the Treasury surrender the war- It confounds me. It doesn’t fit with At this late hour of the night I might rants, nor are we mandating that he any sort of common sense. It doesn’t not be listening to this debate were I keep them. It will be discretionary. He fit with any reason. It doesn’t fit with not chairing the committee and man- and his colleagues have, and I believe any long-term view of how do we get aging the bill on the floor, but my col- must exercise, the judgment when it is out of the mess we are in. What it fits league from Oklahoma I think has an appropriate time to surrender these with is that we don’t want to do it be- raised a very valuable point and it is warrants or to take other actions cause it is hard. We don’t want to do it worthy of our consideration and I under the contracts under which they because somebody might yell, some- would like to sit with him and see if I were issued, to ensure value for tax- body might scream. But how do we do can’t help. payers. the best right thing—not the best Mr. COBURN. I am happy to take the We have made very significant in- thing, the best right thing—for the Senator up on that offer as soon as I vestments in the financial system country? I can tell you that letting an- lose my amendment. through the TARP program. The other year go by when we have 73,000 I yield the floor. premise, again, was that not only properties and $98 billion worth of The PRESIDING OFFICER. The Sen- would the direct investment be repaid, money and $8 billion a year to main- ator from Connecticut. but taxpayers would benefit from the tain it isn’t the best right thing. Mr. DODD. I want to give my col- recovery of these institutions. We are I am used to standing up and losing, league from Rhode Island a chance to seeing that recovery now. We have a but I am not going to stop putting for- be heard but—let him offer his amend- ways to go but we are seeing some en- ward ideas that we shouldn’t be reject- ment. couraging signs. I believe, again, that ing, that make a difference in the out- Mr. REED. Madam President, there having assumed risks, taxpayers should come for the future of this country. will be an amendment that I propose benefit from the rewards of a revived

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It further we are simply making this discre- who were current in their rental obli- compounds that problem by not know- tionary with the Secretary of the gations when a property was foreclosed ing where you are going to live, where Treasury so that he can judge whether or purchased by a new buyer, the you are going to take your family— and when the appropriate time is to thought being, if a tenant is current in showing up tonight and looking at surrender the warrants, to receive fair their obligations, they should not be your children and suggesting you are market price for the warrants, and to evicted unless they are on a month to going to move, going to have to find a ultimately help benefit the taxpayers month, in which case at the end of the different place to live. who have put up the money to deal month the landlord would have that What Senator KERRY is saying here, with a huge financial crisis. right. But if there are leases of longer at least for tenants who are in good At the appropriate time I believe duration, these tenants ought to be re- standing on their properties, they there will be a consent to move forward spected under the contracts they have. should not be affected because the on this amendment. I hope it would be I can say in my own State of Con- property ended up in foreclosure supported and adopted, but I wanted to necticut, we do not have a great supply through whatever rationale that may make that point at this juncture. of affordable rental stock. This is not have happened to the landlord. It The PRESIDING OFFICER. The Sen- unique in my State. I think this is true seems to me, putting people out on the ator from Connecticut is recognized. in most States. As you are watching street is not what we ought to be doing Mr. DODD. Madam President, I rise more and more foreclosures occurring at a time such as this. Whatever your and offer my support for the amend- and as people lose their homes, the de- views are about whether these pro- ment of the Senator from Rhode Island mand for rental stock is increasing. grams are working as effectively as that repeals the requirement for the The cost of it is prohibitive. In the they should, I think all of us agree the Secretary of the Treasury to liquidate State of Connecticut—I believe these innocent who are being confronted warrants under repayment of obliga- numbers are correct—I think you need with these decisions should not be left tions under the Troubled Asset Relief an hourly income of close to $21 an in a more precarious position than Program. The Senator from Rhode Is- hour to afford the average two-bed- they are already in, and that is exactly land I think has laid out the rationale room apartment. Obviously that could what would happen in the absence of for this, but the point is under existing fluctuate to some degree, but that the Kerry amendment, the Kerry- law it was rather restrictive and re- gives you some idea of the cost, and Gillibrand-Reid amendment. quired a specific action without consid- that is close to three minimum wage Once again the majority leader, Sen- eration of what the values may be. jobs, in effect, in a day to pick up that ator REID, has taken a strong position What the Senator is suggesting is mov- kind of income. on these matters and is making a dif- ing from a ‘‘shall’’ requirement to a It is important that we do what we ference, as he has, by allowing these ‘‘may’’ gives flexibility, which is ex- can to protect people in this situation. matters to come up and being as sup- actly what we have been arguing for That is exactly what Senator KERRY portive as he has of the various efforts today in a number of these amend- does, in that the measure requires at we are making here to complete this ments, giving flexibility dealing with least 90-days’ notice for all renters in work. I thank Senator KERRY of Massachu- preferred and common shares—flexi- federally related housing, but would setts, his colleagues Senator REID of bility. Some of the other amendments honor the full term of any existing Nevada and Senator GILLIBRAND of New earlier reflect on this flexibility, which lease unless a new owner will occupy York, for offering this idea. It is one is critical. the home. The amendment also amends deserving of our support and will make These warrants change over time. It the housing voucher statute to pre- doesn’t suggest by holding back you a real difference. serve section 8 contracts at fore- People have asked whether this bill will necessarily get a better value. It closure. These provisions would be in is going to make a real difference for doesn’t mean by releasing them earlier effect during the foreclosure crisis, real people. This amendment makes a you will do better. It is obviously a sunsetting at the end of December 2012. real difference for real people, and is judgment call and you want to give This is a very worthwhile proposal. exactly what we ought to be doing. people the opportunity to make the We are protecting an awful lot of good These were not the people who caused judgment calls. The beneficiary of all people out there. Frankly, I am some- the problems they are in. These are the of this ultimately will be the American what perplexed that there are those victims of what is occurring. If we care taxpayer and that is ultimately what who object to this. It seems to me it about what is happening to them, this we are trying to achieve. would be in the interests of a new is a wonderful way to say we under- I think my colleague has once again owner to want to keep people in paying stand it, we are stepping up and mak- offered a very wise and worthwhile rents, current in those obligations, ing a difference in their lives. amendment to this bill. It strengthens rather than evicting them and begin- With that, I yield the floor. it, in my view. I thank him for it. I ning another process unless they are Ms. SNOWE. Madam President, I rise don’t know if there is any objection to looking for some extremely—higher in strong support of the Boxer-Snowe this at all. rents coming in. But it seems to me, amendment, which would be modified The PRESIDING OFFICER. The Sen- given the amount of people out of by an Ensign-Pryor-Boxer-Snowe sec- ator from Rhode Island is recognized. work, given the declining value of ond-degree perfecting amendment, to Mr. REED. Madam President, I be- properties, you are probably acquiring provide for additional oversight of the lieve they are working on an appro- these properties at a lot less cost than Public-Private Investment Program— priate consent to adopt it. the previous owner may have had PPIP—which the Treasury Department Mr. DODD. As soon as that happens, which means the rents you would have has established to help remove toxic we will move this along and see if we to secure wouldn’t have to be as expen- securities from bank balance sheets can’t get this agreed to. sive to maintain it. and restore the flow of credit. AMENDMENT NO. 1036 At the very hour people are worrying With up to $100 billion of Troubled I want to mention a few words about about where they are going to live—we Asset Relief Program—TARP—dollars the amendment offered by Senator just heard a discussion by Senator at stake for PPIP alone, it is critical KERRY from Massachusetts and Sen- REED about homeless families. The that we take every step at our disposal ator GILLIBRAND from New York and largest increase in homeless families is to safeguard taxpayer dollars. To that Senator REID from Nevada, if I may. children in our country. end, I am pleased to have collaborated This is a very good amendment. My Again, imagine that family tonight— with Senators ENSIGN and PRYOR to hope is my colleagues will support it. 10,000 tonight, as there were last night, modify the amendment Senator BOXER We offered an amendment on earlier as there will be tomorrow night and and I initially offered. I hope that the legislation dealing with rental prop- every night—who has discovered they Senate will now approve our consensus erties that were affected under the are in such default their home is on the language overwhelmingly. Government-sponsored enterprise. auction block or has been lost. That is One common feature of PPIP, which Under that legislation, we prohibited a pretty compelling moment to know will work in conjunction with the

VerDate Nov 24 2008 00:51 May 06, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.052 S05MYPT1 smartinez on PROD1PC64 with SENATE S5116 CONGRESSIONAL RECORD — SENATE May 5, 2009 Term Asset-Backed Loan Securities such a fund, as well as develop a robust that his amendments Nos. 1020 and 1021 Loan Facility—TALF—that Treasury ethics policy and methods to ensure be modified with the changes at the has established to get small business compliance. desk. and consumer credit flowing once Fourth, our amendment would man- The PRESIDING OFFICER. Without again, is that both programs match date that Special Inspector General objection, it is so ordered. dollars put forth by private investors Barofsky would have access to all The amendments, as modified, are as with money from TARP, the Federal books and records of a public-private follows: Reserve, and Federal Deposit Insurance investment fund, as well as each fund AMENDMENT NO. 1020 Corporation. One concern that has been manager to retain all relevant books, At the end of the bill, add the following: raised by private observers and the documents, and records to facilitate in- TITLE V—ENHANCED OVERSIGHT OF THE Special Inspector General for TARP vestigations. TROUBLED ASSET RELIEF PROGRAM Neil Barofsky in his April 21 report to Last but not least, our amendment SEC. 501. ENHANCED OVERSIGHT OF THE TROU- Congress is the potential for fraud. In- would add critical legislation proposed BLED ASSET RELIEF PROGRAM. deed, Mr. Barofsky’s assessment could by Senators ENSIGN and PRYOR that Section 116 of the Emergency Economic would require the Secretary of the Stabilization Act of 2008 (12 U.S.C. 5226) is not be clearer, as he wrote, ‘‘Many as- amended— pects of PPIP could make it inherently Treasury to work with Special Inspec- (1) in subsection (a)(1)(A)— vulnerable to fraud, waste, and abuse.’’ tor General Barofsky to issue regula- (A) in clause (iii), by striking ‘‘and’’ at the Unfortunately, the potential for tions governing the interaction of end; fraud appears widespread. For example, PPIP with the Term-Asset Backed Se- (B) in clause (iv), by striking the period at as private funds with access to tax- curities Loan Facility to address con- the end and inserting ‘‘; and’’; and payer dollars will be created to pur- cerns regarding the potential for exces- (C) by adding at the end the following: chase and manage toxic assets under sive leverage that could result from ‘‘(v) public accountability for the exercise PPIP, conflicts of interest between interactions between the programs. of such authority, including with respect to actions taken by those entities participating what is best for the fund manager and The issue here, is that although both in programs established under this Act.’’; the taxpayer could easily arise. In programs would match private funds and cases in which a fund already owns or with public dollars, the government’s (2) in subsection (a)(2)— manages the same types of assets it is stake is generally several times higher. (A) by redesignating subparagraph (C) as proposing to purchase on behalf of tax- For example, in the case of PPIP alone, subparagraph (F); and payers, that could give it the incentive private funds may only have to put up (B) by striking subparagraphs (A) and (B) to overpay. The reason is that it could $7 for each $100 invested. Given that it and inserting the following: make more money if the price of the is always easier to play with other peo- ‘‘(A) DEFINITION.—In this paragraph, the term ‘governmental unit’ has the meaning assets it already owned were bid up. At ple’s money than your own, I am given under section 101(27) of title 11, United the same time, the taxpayer will have pleased that this language has been States Code, and does not include any in- overpaid for assets and forfeited an in- added to the underlying Boxer-Snowe sured depository institution as defined under vestment fee to the fund managers. amendment. section 3 of the Federal Deposit Insurance To ensure that taxpayers are not I ask my colleagues to support this Act (12 U.S.C. 8113). bilked, the original Boxer-Snowe commonsense amendment that would ‘‘(B) GAO PRESENCE.—The Secretary shall amendment had two objectives. First safeguard taxpayer funds on both the provide the Comptroller General with appro- and foremost, it would require Treas- front end by mandating critically nec- priate space and facilities in the Department of the Treasury as necessary to facilitate ury to work with Special Inspector essary conflict of interest rules on oversight of the TARP until the termination General for TARP Barofsky to write PPIP and on the back end as well by date established in section 5230 of this title. stringent conflict of interest rules. providing Inspector General Barofsky ‘‘(C) ACCESS TO RECORDS.— Second, it would provide Mr. with additional resources to inves- ‘‘(i) IN GENERAL.—Notwithstanding any Barofsky’s office an additional $15 mil- tigate those who would seek to enrich other provision of law, and for purposes of lion to audit transactions under PPIP themselves at taxpayer expense. reviewing the performance of the TARP, the Comptroller General shall have access, upon to ensure taxpayers do not get fleeced. AMENDMENT NO. 1039, AS MODIFIED request, to any information, data, schedules, As I mentioned, that Senator BOXER Mr. DODD. Madam President, I am books, accounts, financial records, reports, and I were able to work with Senators going to make a series of unanimous files, electronic communications, or other ENSIGN and PRYOR to strengthen the consent requests dealing with modi- papers, things, or property belonging to or in taxpayer protections contained in our fications. use by the TARP, any entity established by initial amendment. The result is a con- On behalf of Senator REED of Rhode the Secretary under this Act, any entity sensus amendment that will ensure Island, I call up his amendment No. that is established by a Federal reserve bank PPIP is subject to strict safeguards 1039 and ask that the amendment be and receives funding from the TARP, or any that will still allow it to get underway modified with the changes at the desk. entity (other than a governmental unit) par- and begin to clear toxic assets from The PRESIDING OFFICER. The ticipating in a program established under the authority of this Act, and to the officers, bank balance sheets, thereby, spurring clerk will report. employees, directors, independent public ac- the flow of credit. The legislative clerk read as follows: countants, financial advisors and any and all Turning to specifics, our consensus The Senator from Connecticut [Mr. DODD], other agents and representatives thereof, at amendment will require the Treasury for Mr. REED, proposes an amendment num- such time as the Comptroller General may Department to impose strict conflict of bered 1039, as modified. request. interest rules on managers of public- The PRESIDING OFFICER. Without ‘‘(ii) VERIFICATION.—The Comptroller Gen- private investment funds to ensure objection, the amendment is modified. eral shall be afforded full facilities for that securities bought by the funds are The amendment, as modified, is as verifying transactions with the balances or purchased in arms-length transactions, follows: securities held by, among others, depositories, fiscal agents, and custodians. that fiduciary duties to public and pri- In lieu of the matter proposed to be in- ‘‘(iii) COPIES.—The Comptroller General vate investors in the fund are not vio- serted, insert the following: may make and retain copies of such books, lated, and that there is full disclosure SEC. 126. REMOVAL OF REQUIREMENT TO LIQ- accounts, and other records as the Comp- of relevant facts and financial inter- UIDATE WARRANTS UNDER THE troller General determines appropriate. TARP. ‘‘(D) AGREEMENT BY ENTITIES.—Each con- ests. Section 111(g) of the Emergency Economic tract, term sheet, or other agreement be- Second, each public-private invest- Stabilization Act of 2008 (12 U.S.C. 5221(g)) is tween the Secretary or the TARP (or any ment fund would be required to dis- amended by striking ‘‘shall liquidate war- TARP vehicle, officer, director, employee, close quarterly to the Secretary of the rants associated with such assistance at the independent public accountant, financial ad- Treasury the value of the 10 largest po- current market price’’ and inserting ‘‘, at visor, or other TARP agent or representa- the market price, may liquidate warrants as- sitions of each fund manager. tive) and an entity (other than a govern- sociated with such assistance’’. Third, each manager of a public/pri- mental unit) participating in a program es- vate investment fund would be obliged AMENDMENTS NOS. 1020 AND 1021, AS MODIFIED tablished under this Act shall provide for ac- to acknowledge a fiduciary duty to Mr. DODD. On behalf of Senator cess by the Comptroller General in accord- both the public and private investors in GRASSLEY, I ask unanimous consent ance with this section.

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‘‘(E) RESTRICTION ON PUBLIC DISCLOSURE.— ‘‘(i) any entity established by any action ‘‘(2) DEFINITION.—As used in this sub- ‘‘(i) IN GENERAL.—The Comptroller General taken by the Board described under subsection, the term ‘mortgage loan’ means any may not publicly disclose proprietary or section (e); consumer credit transaction that is secured trade secret information obtained under this ‘‘(ii) any entity receiving assistance from by the principal dwelling of a consumer.’’. section. any action taken by the Board described (b) PRIVATE RIGHT OF ACTION.—Section ‘‘(ii) EXCEPTION FOR CONGRESSIONAL COM- under subsection (e), to the extent that the 130(a) of the Truth in Lending Act (15 U.S.C. MITTEES.—This subparagraph does not limit access and request relates to that assistance; 1640(a)) is amended by inserting ‘‘subsection disclosures to congressional committees or and (f) or (g) of section 131,’’ after ‘‘section 125,’’. members thereof having jurisdiction over a ‘‘(iii) the officers, directors, employees, AMENDMENT NO. 1031, AS MODIFIED, TO private or public entity referred to under independent public accountants, financial AMENDMENT NO. 1018 subparagraph (C). advisors and any and all representatives of Mr. DODD. On behalf of Senator ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in any entity described under clause (i) or (ii) SCHUMER, I call up amendment No. 1031 this section shall be construed to alter or to the extent that the access and request re- and ask unanimous consent that the amend the prohibitions against the disclo- lates to that assistance; sure of trade secrets or other information ‘‘(B) The Comptroller General shall have amendment be modified with the prohibited by section 1905 of title 18, United access as provided under subparagraph (A) at changes at the desk. States Code, section 714(c) of title 31, United such time as the Comptroller General may The PRESIDING OFFICER. The States Code, or other applicable provisions request. clerk will report. of law.’’. ‘‘(C) Each contract, term sheet, or other The legislative clerk read as follows: AMENDMENT NO. 1021 agreement between the Board or any Federal The Senator from Connecticut [Mr. DODD], reserve bank (or any entity established by for Mr. SCHUMER, proposes an amendment At the appropriate place insert the fol- the Board or any Federal reserve bank) and numbered 1031, as modified, to amendment lowing: an entity receiving assistance from any ac- No. 1018. TITLE ll—COMPTROLLER GENERAL tion taken by the Board described under sub- The PRESIDING OFFICER. Without ADDITIONAL AUDIT AUTHORITIES section (e) shall provide for access by the objection, the amendment is so modi- Comptroller General in accordance with this SEC. lll. COMPTROLLER GENERAL ADDI- fied. TIONAL AUDIT AUTHORITIES. paragraph.’’. (d) AUDITS OF CERTAIN ACTIONS OF THE The amendment, as modified, is as (a) BOARD OF GOVERNORS OF THE FEDERAL follows: RESERVE SYSTEM.—Section 714 of title 31, BOARD OF GOVERNORS OF THE FEDERAL RE- United States Code, is amended— SERVE SYSTEM.—Section 714 of title 31, (Purpose: To establish a multifamily (1) in subsection (a), by striking ‘‘Federal United States Code, is amended by adding at mortgage resolution program) Reserve Board,’’ and inserting ‘‘Board of the end the following: At the end of title I of the amendment, add ‘‘(e) Notwithstanding subsection (b), the Governors of the Federal Reserve System (in the following: Comptroller General may conduct audits, in- this section referred to as the ‘Board’),’’; and SEC. 105. MULTIFAMILY MORTGAGE RESOLUTION cluding onsite examinations when the Comp- (2) in subsection (b)— PROGRAM. troller General determines such audits and (A) in the matter preceding paragraph (1), Title I of the Emergency Economic Sta- examinations are appropriate, of any action by striking ‘‘Federal Reserve Board,’’ and in- bilization Act of 2008 (12 U.S.C. 5211 et seq.) taken by the Board under— serting ‘‘Board’’; and is amended by adding at the end the fol- ‘‘(1) the third undesignated paragraph of (B) in paragraph (4), by striking ‘‘of Gov- lowing: section 13 of the Federal Reserve Act (12 ernors’’. ‘‘SEC. 137. MULTIFAMILY MORTGAGE RESOLU- U.S.C. 343) with respect to a single and spe- TION PROGRAM. (b) CONFIDENTIAL INFORMATION.—Section cific partnership or corporation. 714(c) of title 31, United States Code, is ‘‘(a) ESTABLISHMENT.—The Secretary of the amended by striking paragraph (3) and in- AMENDMENT NO. 1035 TO AMENDMENT NO. 1018 Treasury, in consultation with the Secretary serting the following: Mr. DODD. On behalf of Senator of Housing and Urban Development, shall de- ‘‘(3) Except as provided under paragraph BOXER, I call up amendment No. 1035. velop a program to stabilize multifamily (4), an officer or employee of the Govern- The PRESIDING OFFICER. The properties which are delinquent, at risk of ment Accountability Office may not disclose clerk will report. default or disinvestment, or in foreclosure. to any person outside the Government Ac- The legislative clerk read as follows: The Secretary may use any existing author- countability Office information obtained in ity to carry out the program. The Senator from Connecticut [Mr. DODD], ‘‘(b) FOCUS OF PROGRAM.—The program de- audits or examinations conducted under sub- for Mrs. BOXER, proposes an amendment veloped under this section shall be used to section (e) and maintained as confidential by numbered 1035 to amendment No. 1018. ensure the protection of current and future the Board or the Federal reserve banks. Mr. DODD. I ask unanimous consent tenants of at risk multifamily properties ‘‘(4) This subsection shall not— by— ‘‘(A) authorize an officer or employee of an that the reading of the amendment be ‘‘(1) creating sustainable financing of such agency to withhold information from any dispensed with. properties that is based on— committee or subcommittee of jurisdiction The PRESIDING OFFICER. Without ‘‘(A) the current rental income generated of Congress, or any member of such com- objection, it is so ordered. by such properties; and mittee or subcommittee; or The amendment is as follows: ‘‘(B) the preservation of adequate oper- ‘‘(B) limit any disclosure by the Govern- (Purpose: To require notice to consumers ating reserves; ment Accountability Office to any com- when a mortgage loan has been sold, trans- ‘‘(2) maintaining the level of Federal, mittee or subcommittee of jurisdiction of ferred, or assigned to a third party) State, and city subsidies in effect as of the Congress, or any member of such committee At the appropriate place, insert the fol- date of enactment of this section; and or subcommittee.’’. lowing: ‘‘(3) facilitating the transfer, when nec- (c) ACCESS TO RECORDS.—Section 714(d) of SEC. ll. NOTIFICATION OF SALE OR TRANSFER essary, of such properties to new owners, title 31, United States Code, is amended— OF MORTGAGE LOANS. provided that the Secretary of the Treasury (1) in paragraph (1), by inserting ‘‘The (a) IN GENERAL.—Section 131 of the Truth determines such new owner to be respon- Comptroller General shall have access to the in Lending Act (15 U.S.C. 1641) is amended by sible. officers, employees, contractors, and other adding at the end the following: ‘‘(c) COORDINATION.—The Secretary of the agents and representatives of an agency and ‘‘(g) NOTICE OF NEW CREDITOR.— Treasury shall in carrying out the program any entity established by an agency at any ‘‘(1) IN GENERAL.—In addition to other dis- developed under this section coordinate with reasonable time as the Comptroller General closures required by this title, not later than the Secretary of Housing and Urban Develop- may request. The Comptroller General may 30 days after the date on which a mortgage ment, the Federal Deposit Insurance Cor- make and retain copies of such books, ac- loan is sold or otherwise transferred or as- poration, the Board of Governors of the Fed- counts, and other records as the Comptroller signed to a third party, the creditor that is eral Reserve System, the Federal Housing General determines appropriate.’’ after the the new owner or assignee of the debt shall Finance Agency, and any other Federal Gov- first sentence; notify the borrower in writing of such trans- ernment agency that the Secretary considers (2) in paragraph (2), by inserting ‘‘, copies fer, including— appropriate. of any record,’’ after ‘‘records’’; and ‘‘(A) the identity, address, telephone num- ‘‘(d) DEFINITION.—For purposes of this sec- (3) by adding at the end the following: ber of the new creditor; tion, the term ‘multifamily properties’ ‘‘(3)(A) For purposes of conducting audits ‘‘(B) the date of transfer; means a residential structure that consists and examinations under subsection (e), the ‘‘(C) how to reach an agent or party having of 5 or more dwelling units.’’. Comptroller General shall have access, upon authority to act on behalf of the new cred- AMENDMENT NO. 1036, AS MODIFIED request, to any information, data, schedules, itor; books, accounts, financial records, reports, ‘‘(D) the location of the place where trans- Mr. DODD. On behalf of Senator files, electronic communications, or other fer of ownership of the debt is recorded; and KERRY, I ask unanimous consent that papers, things or property belonging to or in ‘‘(E) any other relevant information re- his amendment be modified with the use by— garding the new creditor. changes at the desk.

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But I do think that The amendment, as modified, is as mediate successor in interest in such prop- when we are helping out businesses, follows: erty pursuant to the foreclosure shall as- the way we are, sometimes through ap- sume such interest subject to the lease be- At the end of the amendment, add the fol- tween the prior owner and the tenant and to propriations from Congress, sometimes lowing: the housing assistance payments contract through facilities and powers of the TITLE V—PROTECTING TENANTS AT between the prior owner and the public hous- Fed, we are talking about taxpayers’ FORECLOSURE ACT ing agency for the occupied unit, except that money. SEC. 501. SHORT TITLE. this provision and the provisions related to If you think the Fed does not have This title may be cited as the ‘‘Protecting foreclosure in subparagraph (C) shall not anything to do with taxpayers’ money, Tenants at Foreclosure Act of 2009’’. shall not affect any State or local law that remember that last year they returned, SEC. 502. EFFECT OF FORECLOSURE ON PRE- provides longer time periods or other addi- I think it was, $38 billion to the Fed- EXISTING TENANCY. tional protections for tenants.’’. eral Treasury—I know it was in the (a) IN GENERAL.—In the case of any fore- SEC. 504. SUNSET. closure on a federally-related mortgage loan mid-30s that it returned to the Federal This title, and any amendments made by Treasury in year-end operations. or on any dwelling or residential real prop- this title are repealed, and the requirements erty after the date of enactment of this title, under this title shall terminate, on Decem- They are not going to be able to do any immediate successor in interest in such ber 31, 2012. that this year, but that $38 billion goes property pursuant to the foreclosure shall into the general fund to be used, like Mr. DODD. Madam President, I sug- assume such interest subject to— money being fungible. It is not seen by gest the absence of a quorum. (1) the provision, by such successor in in- the taxpayers any differently from the The PRESIDING OFFICER. The terest of a notice to vacate to any bona fide income tax or the payroll taxes that clerk will call the roll. tenant at least 90 days before the effective are paid. There is an interest in pro- date of such notice; and The legislative clerk proceeded to tecting the taxpayers’ money. It is not (2) the rights of any bona fide tenant, as of call the roll. an interest in doing anything with the the date of such notice of foreclosure— Mr. GRASSLEY. Madam President, I independence of the Fed, it is just a (A) under any bona fide lease entered into ask unanimous consent that the order before the notice of foreclosure to occupy the matter of knowing who is getting for the quorum call be rescinded. premises until the end of the remaining term helped, what is being helped, are they The PRESIDING OFFICER. Without of the lease, except that a successor in inter- profiting, how much are they profiting, objection, it is so ordered. est may terminate a lease effective on the and the extent to which the taxpayers date of sale of the unit to a purchaser who AMENDMENT NO. 1021 are being protected, the instruments will occupy the unit as a primary residence, Mr. GRASSLEY. Madam President, I the Fed takes in as collateral. These subject to the receipt by the tenant of the 90 rise to speak on an amendment I have day notice under paragraph (1); or are things that it is good to know. We (B) without a lease or with a lease ter- offered, 1021. It will have Democratic need to know. We need to know them. minable at will under State law, subject to and Republican cosponsors. This sub- Why? Because there are a lot of facili- the receipt by the tenant of the 90 day notice stitute amendment gives the Govern- ties, institutions, companies being under subsection (1), ment Accountability Office authority helped that would be belly up—well, I except that nothing under this section shall to audit the Federal Reserve. guess you would say they are belly up affect the requirements for termination of However, this version limits the Gov- or they would not need the help—but any Federal- or State-subsidized tenancy or ernment Accountability Office’s new belly up and they exist because of ei- of any State or local law that provides authority to matters involving the ther Congress appropriating money or longer time periods or other additional pro- Federal Reserve’s participation in the because of the Fed intervening. tections for tenants. TARP or its emergency action under (b) BONA FIDE LEASE OR TENANCY.—For All good reasons maybe but they op- purposes of this section, a lease or tenancy section 13(3) authority. erate. So, in my judgment, the public’s shall be considered bona fide only if— This is a much narrower version of business ought to be public. Oh, there (1) the mortgagor under the contract is not the original amendment. It is intended are some exceptions, such as intel- the tenant; to address the Federal Reserve’s con- ligence information, national security, (2) the lease or tenancy was the result of cern that its core monetary policy some privacy. But everything else an arms-length transaction; or functions remain independent of the ought to be public. That is what this (3) the lease or tenancy requires the re- Government Accountability Office amendment is all about. It is all about ceipt of rent that is not substantially less scrutiny. than fair market rent for the property. making sure money is handled respon- (c) DEFINITION.—For purposes of this sec- For over 90 years, the Fed has con- sibly. tion, the term ‘‘federally-related mortgage ducted monetary policy through a com- The Fed is only supposed to lend loan’’ has the same meaning as in section 3 bination of open-market operations money against good collateral. Their of the Real Estate Settlement Procedures and changes in banking reserve re- authority to conduct monetary policy Act of 1974 (12 U.S.C. 2602). quirements. On rare occasions, the Fed must not be allowed to degenerate into SEC. 503. EFFECT OF FORECLOSURE ON SECTION has invoked its authority under section a taxpayer-funded bailout for those 8 TENANCIES. 13(3) to take extraordinary action to who engage in reckless lending. Section 8(o)(7) of the United States Hous- address what they would decide was a ing Act of 1937 (42 U.S.C. 1437f(o)(7)) is I hope people who are going to be amended— very short-term crisis. While these ac- voting on this amendment tomorrow (1) by inserting before the semicolon in tions are intended to be temporary, will consider what we are trying to do. subparagraph (C) the following: ‘‘and in the they can have a lasting impact on spe- We are trying to do everything this case of an owner who is an immediate suc- cific institutions and on the long-term President said in his campaign—the cessor in interest pursuant to foreclosure credibility of the Fed. President has not spoken on this issue, during the initial term of the lease vacating The Fed has created a number of fa- but I am speaking in a general way the property prior to sale shall not con- cilities that are making nonrecourse about what the President said in his stitute other good cause, except that the loans or buying and selling assets owner may terminate the tenancy effective campaign—that he wanted more trans- on the date of transfer of the unit to the through a subsidiary of the Fed. These parency in Government, he wanted owner if the owner— transactions involve undisclosed more accountability in Government. ‘‘(i) will occupy the unit as a primary resi- counterparties. Without adequate over- For the most part, the President, dence; and sight, no one will ever know the terms through various things, maybe not ‘‘(ii) has provided the tenant a notice to or conditions of these transactions: completed yet, has tried to deliver on vacate at least 90 days before the effective Who received what from the Fed and that promise—putting TARP expendi- date of such notice.’’; and what did the Fed receive in return? tures on the Internet, for instance, so (2) by inserting at the end of subparagraph How much did each of those entities anybody in the United States can (F) the following: ‘‘In the case of any foreclosure on any federally-related mortgage profit and how much did the taxpayers know, maybe not today but eventually, loan (as that term is defined in section 3 of lose? where every penny went—because it is the Real Estate Settlement Procedures Act This amendment is simply about ac- the taxpayers’ money. This Govern- of 1974 (12 U.S.C. 2602)) or on any residential countability, not monetary policy, be- ment belongs to the American people.

VerDate Nov 24 2008 01:07 May 06, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.058 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5119 What this Government does that af- the greed and the callousness of many the political system because appar- fects the pocketbooks of Americans of these financial institutions. We put ently Congress is not listening to you. ought to be made public. a couple dozen of these responses into a Susan and John in Sea Cliff, NY: This amendment is not something to little booklet called ‘‘Enough is Capital, Chase, and Bank of America all try to destroy anything. It is not some- Enough, How Credit Card Companies doubled and tripled their rates despite a life- thing trying to get involved in that Are Abusing Americans, Letters from long perfect payment record, with no excuse which affects the monetary policy of Vermont and the Nation.’’ They are (we phoned them) except that they could. the Fed. We are just trying to get in- available on my Web site at sand- This is nothing but breach of promise and a formation out and make sure people flat-out theft. A good reason for severe, ret- ers.senate.gov. roactive rollbacks or simple seizure of are accountable. We have to have this What I want to do for the moment is banks. . . . information to know that. It doesn’t read some of the comments we received Theft? Not bad. hurt one iota to make sure the public from Vermont and around the country Anne from Brattleboro, VT: has access to this information. I hope and also invite any viewer who has a Members will support amendment No. problem to correspond with us and we I live in a small town in Vermont. I feel that the credit card companies need to have 1021 tomorrow. will read them right here in the Sen- a ceiling on interest rates and fees they are There is another amendment which, ate. I think it is time that some of my stealing from us. We pay for the bail out and it is my understanding, the managers colleagues in the Senate understood we pay the interest increases. They must will accept. But 1021 we will have to what is going on in the real world. think we are stupid. have a vote on. I have given my rea- Yes, I do understand that the finan- And on and on it goes. This is just a sons. I may take a minute in the morn- cial interests have put $5 billion into couple of dozen. We received 1,000. ing to expand on that and remind Sen- lobbying and campaign contributions There are millions of people out there ators, but I hope we can move forward over the last 10 years. And, yes, I do who are sick and tired of being ripped and get this agreed to. understand that despite the fact that off. I yield the floor. they have pushed this country, through What is the solution? I think the The PRESIDING OFFICER (Mr. their greed and recklessness, into a re- House has made some progress. I guess UDALL of Colorado). The Senator from cession, they still have enormous the Senate committee is making some Connecticut. power on Capitol Hill. But maybe it is progress. Ultimately, what we have to Mr. DODD. Mr. President, I commend time that we started listening to the my friend from Iowa. He has been a do is call a spade a spade and say that American people rather than the lobby- when you are charging people 25, 30 consistent advocate over the years for ists from the large banks. transparency and accountability. I am percent in interest rates, that is usury. I will read a few of the comments, ex- That is outrageous. It should be illegal pleased to work with him on these cerpts from some of the responses we amendments. I am fairly confident the in America. received from all over the country. As many people know, for a number committee will accept these amend- This is from Donna from New Jersey: ments as part of the underlying bill. It of years individual States had usury I want to know why consumers are not pro- rates. They said loans could not be strengthens what we are trying to tected in any way from these predatory lend- achieve. I regret we couldn’t arrange to ers who were bailed out with my taxpayer made out above whatever the rate may do that this evening while the Senator dollars and then turn around and raise my be, depending on the State. Then what was here, but there are other powers interest rate from 7 percent to 27 percent be- happened in 1978, the Supreme Court that my colleague and I are well aware cause of ‘‘difficult economic times’’ for the made a decision in the Marquette case credit industry. This is outrageous! I have which basically said if a credit card of that need to make sure they pour not missed a payment and my credit rating over everything before we go forward. I company did business in a State with- is in the high 800’s. How can they keep get- out any usury rates, other States could thank him for his counsel and his ad- ting away with this? vice and this recommendation. not stop them from charging any inter- Well, that is a good question. How est rates whatsoever. That is, in fact, Mr. GRASSLEY. I thank the Sen- can they keep getting away with this? ator. what has happened. And they continue to get away with it. I have introduced legislation and will Mr. DODD. I yield the floor. This is from James in Highgate Cen- The PRESIDING OFFICER. The Sen- bring up an amendment when we deter, VT: ator from Vermont. bate the credit card issue. I hope we I once had Bank of America charge me can get some support in the Senate to CREDIT CARD INDUSTRY 27.99 percent interest when I had only a $53 Mr. SANDERS. Mr. President, I balance on one of their cards. I of course paid pass a national usury law. The rate we wanted to take a couple minutes to it in full, then closed out the card to avoid have decided upon is 15 percent, with talk about an issue that will be on the doing business with those crooks! some exceptions. The reason we chose Senate floor next week, and that is the The next one is from Los Angeles, that as the ceiling is that is exactly outrageous way that the credit card in- CA, from Jennifer: what credit unions have been existing dustry is treating millions and millions I have personally had three separate credit under for 30 years. A lot of people don’t of Americans. Last week, 2 weeks ago, cards raise the APR to 29.99 percent—when I know that. But a credit union cannot I sent an e-mail out to my mailing list, have paid my bills on time (Citicard, Chase charge 25, 30 percent interest rates. It which is about 135,000 people, and I and [Bank of America]). Then just last bill- is illegal for them to do that by law. So said: Tell me how credit card compa- ing cycle, another card I am in perfect stand- I think if we have a regulatory ethic nies are treating you. Within a few ing with doubled my APR—no apparent rea- with credit unions that has been work- son (Chase). days, we had 1,000 responses, many ing quite well for the last 30 years— from Vermont but, in fact, from all Well, I think Jennifer raises a good credit unions are not marching into over the country. question. What are we doing about it? Washington for bailouts—I think we Essentially, what people were saying, How can companies get away with dou- can apply it to the private sector as as they described the treatment they bling or tripling the interest rates on well. are receiving at the hands of these people who have always paid their bills What we are proposing is a cap on in- credit card companies: We are dis- on time? terest rates of 15 percent; under excep- gusted that at the same time we as This is from Sheila in Wilder, VT: tional circumstances, which is cur- taxpayers are bailing out Wall Street I am tired of being the one who has to pay! rently the case for credit unions, an- and these large financial institutions, The executives of these credit card compa- other 3 percent. That would be it. nies mess up and the little people pay. The at the same exact time as the big government messes up and the little people I think that is sensible legislation. banks are receiving zero interest loans pay. Now my oldest child is going off to col- Whether we can get much support here from the Fed, the response of the credit lege and I can’t even get financial help ex- and take on the banking interests, I card companies and the banks is to cept for loans. Yes, more interest! So now I don’t know. But I think it is what the double or triple the interest rates we have to pay more interest on my credit American people want. I certainly hope are paying on our credit cards. cards. When will I get help? we can pass legislation like that. The stories that came in were heart- Well, Sheila, I guess you will have to I yield the floor and suggest the ab- breaking, appalling, and they spoke to contribute a whole lot of money into sence of a quorum.

VerDate Nov 24 2008 02:48 May 06, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.060 S05MYPT1 smartinez on PROD1PC64 with SENATE S5120 CONGRESSIONAL RECORD — SENATE May 5, 2009 The PRESIDING OFFICER. The to make foreign aid more effective. In in the developing world. When the United clerk will call the roll. his recent piece in the Burlington Free States leads on international development The assistant legislative clerk pro- Press, a copy of which I will ask to be and relief issues, it enhances our international standing and strengthens our rela- ceeded to call the roll. printed in the RECORD, Dr. Burrill calls tionships with allies. It creates improved Mr. DODD. Mr. President, I ask unan- for a ‘‘modernization’’ of our thinking possibilities for America’s global agenda. imous consent that the order for the about foreign aid; the creation of a Second, the White House needs to work quorum call be rescinded. global development strategy to give with Congress and representatives of the The PRESIDING OFFICER. Without U.S. foreign aid agencies a way to ef- broader development community in crafting objection, it is so ordered. fectively evaluate past actions and de- new legislation that elevates development as Mr. DODD. Mr. President, I ask unan- termine what reform is needed; and a foreign policy pillar, equal with diplomacy imous consent that no further amend- tools for evaluating progress. Beyond and military defense. We currently have an ments be in order to S. 896, and that on outdated, inadequate set of legislation; that, he proposes developing a ‘‘coher- international foreign assistance efforts that Wednesday, May 6, following a period ent strategy that will foster economic are spread across at least 20 different agen- of morning business, the Senate re- opportunity’’ in the developing world, cies (which has created competing fiefdoms sume consideration of S. 896, and pro- enacting legislation that ‘‘elevates de- and inefficiency). No single person or author- ceed to vote in the order listed on the velopment as a foreign policy pillar ity is clearly in charge that the president pending amendments, with no amend- equal with diplomacy and military de- and Congress can hold accountable. New leg- ment in order to any amendment list- fense,’’ and creating an independent ex- islation would provide the congressional ed; that prior to each vote, there be 2 ecutive agency bringing together the mandate for streamlined organizational minutes of debate equally divided and structures and coherent policies, and give relevant Federal agencies and depart- the executive branch the clear authority it controlled in the usual form; that after ments into a single group ‘‘giving the needs to develop solutions to 21st-century the first vote, any succeeding votes be executive branch the authority it needs challenges while providing accountability to limited to 10 minutes each: Senator to develop solutions to 21st century Congress. Reed of Rhode Island No. 1039, as modi- problems while providing account- Third, a modernized set of foreign assist- fied; Boxer No. 1035; Casey No. 1033; ability to Congress.’’ ance policies and operations must be placed Grassley No. 1020, as modified; Coburn Foreign aid reform means many in a single, streamlined, consolidated and second degree No. 1042; Reed of Rhode things to different people, but there is empowered U.S. development agency. The ideal option for streamlining and elimi- Island No. 1040, as amended, if amend- one thing we all agree on—it is over- nating the current, inefficient, multi-agency ed; Kerry No. 1036, as modified; Schu- due. Dr. Burrill’s voice is one that situation would be to create a new Cabinet- mer No. 1031, as modified; Grassley No. should be listened to, and I commend level department for global development, as 1021, as modified; provided further, that him for speaking out. is the case in England. Or the White House upon disposition of the listed amend- I ask unanimous consent that the ar- could work with the Congress and create a ments, the substitute amendment, as ticle be printed in the RECORD. new subcabinet, independent executive agen- amended, be agreed to and the motion There being no objection, the mate- cy. Either option should merge all inter- to reconsider be laid upon the table; rial was ordered to be printed in the national development and humanitarian programs into a single entity. Agencies such as the bill be read a third time, and the RECORD, as follows: the U.S. Agency for International Develop- Senate then proceed to vote on passage [From the Burlington Free Press, Apr. 30, ment, the Millennium Challenge Corp., the of the bill. 2009] President’s Emergency Plan for AIDS Relief The PRESIDING OFFICER. Is there MY TURN: INVESTING IN SMART POWER IS and all the international development pro- objection? FOREIGN AID WELL SPENT grams of various agencies including those in Without objection, it is so ordered. (By George Burrill) the Department of Defense should be merged. As a candidate, Obama indicated his sup- f During his campaign, Barack Obama called port for these actions, but there have been for salvaging America’s international rep- MORNING BUSINESS no recent public comments by the adminis- utation. Rebuilding international respect tration about any planned reorganization. and trust, he correctly maintained, is vital Mr. DODD. Mr. President, I have a Efficiency calls for it. series of unanimous consent requests to our future security and economic well- America cannot afford an uncoordinated, to make. being. The president’s new budget proposal confused or second-best approach to our rela- I ask unanimous consent that the indicates that he intends to follow through tions with the developing world. Our foreign Senate proceed to a period of morning with this promise. Americans should be en- assistance programs have immense impor- couraged and relieved that the budget sup- business, with Senators permitted to tance in addressing global poverty, elimi- ports an increased emphasis on nonmilitary nating the environments that help create speak for up to 10 minutes each. responses to our security and foreign policy The PRESIDING OFFICER. Without terrorists and fostering the advancement of interests. a sound global economy. The Obama admin- objection, it is so ordered. A major component of nonmilitary re- istration and Congress must not miss this f sponse is our foreign assistance and develop- opportunity to modernize our foreign assist- ment programs. They are critical in the FOREIGN AID REFORM ance infrastructure. Getting the most out of struggle against global poverty, open mar- the new budget demands it. kets for our products, spread our basic val- Mr. LEAHY. Mr. President, as the ad- f ministration considers ways to reform ues, and help address global environmental and economic problems. In the 21st century, our foreign aid programs, I want to call IDAHOANS SPEAK OUT ON HIGH America needs smart power, as robust a dip- ENERGY PRICES attention to a recent Op Ed piece by a lomatic and international development capa- Vermont friend who has over 30 years bility as it has military strength. Now is the Mr. CRAPO. Mr. President, in mid- of experience dealing with these issues. time to modernize our thinking about how to June, I asked Idahoans to share with Dr. George Burrill founded Associ- relate to the developing world. me how high energy prices are affect- ates in Rural Development—ARD—in There are several steps the Obama admin- ing their lives, and they responded by Burlington in 1977 and since then he istration must take in order to achieve the the hundreds. The stories, numbering has brought Vermont common sense promise of a bold makeover. These steps are well over 1,200, are heartbreaking and consistent with the effort to make govern- and values to international aid and de- ment more efficient and to ensure that the touching. While energy prices have velopment work. Since its founding, it American public is getting more services and dropped in recent weeks, the concerns has implemented some 600 projects impact for the dollar. And they won’t cost expressed remain very relevant. To re- around the world including extensive anything. spect the efforts of those who took the work with the U.S. Agency for Inter- First, along with the redesign of our na- opportunity to share their thoughts, I national Development. Today ARD, a tional security and foreign policy, which the am submitting every e-mail sent to me for-profit international development president has already vigorously embarked through an address set up specifically upon, government needs to simultaneously firm, has $100 million in annual rev- for this purpose to the CONGRESSIONAL create a global development strategy. We enue operating out of 43 field offices need a coherent strategy that will foster in- RECORD. This is not an issue that will around the world. creases in economic opportunity for the bot- be easily resolved, but it is one that de- Throughout his career, Dr. Burrill tom billion of Earth’s residents and help serves immediate and serious atten- has thought long and hard about ways eliminate the conditions that foster conflict tion, and Idahoans deserve to be heard.

VerDate Nov 24 2008 02:48 May 06, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.061 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5121 Their stories not only detail their must keep trying or we will ultimately lose Still grateful to live in the greatest place struggles to meet everyday expenses, our democracy. Thank you for all of your ef- on Earth, but also have suggestions and rec- forts. JEREMY and KRISTINA. LYNDA, Fruitland. ommendations as to what Congress can You asked for our story how gas prices af- do now to tackle this problem and find We had to cancel our trip to Ohio to see fect us. All I can say is the only people I solutions that last beyond today. I ask my parents whom I have not seen in six know who pay $200 a month are the ones that unanimous consent to have today’s let- years. We also are now driving sixty miles an live in town. As you said, this is a rural state ters printed in the RECORD. hour to save on gas. We need to lift all re- and we do not have any options. I live 18 There being no objection, the mate- strictions on drilling and refineries and start miles north of Sandpoint; for my car alone rial was ordered to be printed in the drilling ASAP and building more refineries. we pay over $200 a month. My husband is a Also start building nuclear power plants. heavy equipment operator. He works all over RECORD, as follows: [Stop delaying over partisan arguments and] north Idaho and into Washington around the First I want to thank you for your e-mail start doing something good for Americans. Spokane area. We pay $900 a month for his up-dates. I am very concerned about this so RANDY. vehicle in gas. We have talked about how he called ‘‘energy crisis’’. I find it very inter- might have to take a lower-paying job in esting that as soon as the subprime crisis My family just celebrated my son’s gradua- Sandpoint if the gas prices continue to go hit, the banks, fund managers, and specu- tion from high school. Because of the high up. It is becoming very difficult to make lators found another way to [profit from] the gas prices, his aunt in Seattle, Washington, ends meet when you are spending $1,100 a American people. Anyone who reads widely and uncle in Denver, Colorado, could not at- month on just gas. The most frustrating part can see what is happening here. [Those who] tend with their families. My oldest daughter is when you read in the news that it is specu- stole our money, ran up the cost of housing has a family in Wyoming that I cannot see lators driving the price up. There is no short- and property, and overcharged homebuyers but only once this year because of the gas age—just greedy men, bankrupting this na- are not going to be held responsible. Yes, the prices. Last year I was able to see my grand- tion. good old taxpayers paid the price of the high children only twice. There are a couple of So my question is why do you want our cost of housing and now we are taking it things we are still planning to do but be- stories? What do you see needs to be done? again as we see the overinflated housing cause of the gas we will not be contributing From where I sit, I do not see any politicians market take a dive. The banks and mortgage as much to our local services like Salvation doing much about it. We just wonder when or companies lent money to the vulnerable that Army or even our Church. Instead we have to if it is going to stop. never should have been able to buy such take care of our family first. It affects us fi- DANIELLE, Sandpoint. high-priced property. Then they covered [the nancially as we will not be able to save as risky practice] by bundling their risk and much for our retirement which is hopefully Thank you for your invite to share my selling it to all of us as ‘‘good investments.’’ in another 12–15 years. At this rate, we will story on how energy prices are affecting me, But no matter, now the good old simple- have nothing to live on because of the cost of my family and life. However, I am not going minded taxpayers can pick up the tab—can- living has taken a hold of our paychecks and trouble you with my woes. With all due re- not let those poor old bankers, land specu- the jobs are not increasing in revenue at the spect, stories mean little; action means ev- lators, loan companies, realtors, and land de- same rate. We are not poor nor are we ex- erything and it is high time that Congress velopers take a financial hit. Personally, I tremely wealthy. We are your working class addressed the problem seriously and in place think they should all be rounded up, their people. of rhetoric. money and land taken from them, and sent By allowing another country to put a You are correct—we do need to consider al- directly to jail for the rest of their lives! stranglehold on us in such a manner, you ternate energy. The trouble is we need to Now, how is all of this changing my life? will see a rise in unemployment, more fore- start doing something about it instead of My home value has gone down, my invest- closures, small business closures, children in talking about doing so. In Idaho, we do two ments are in the tank, the cost of food is off foster care, divorce, crime and suicide If our things well—we produce abundant sunshine the chart, the cost of gas is so high that I government cared about our way of life, it and wind! Take a listen to a maverick oil only go to town once a week, and the vaca- would take care of us first and not allow an- man and his five-minute plan; he makes a tion plan is gone. I once drove to Nampa, other country dictate what we have on our ton of sense and it is worth your time. One Caldwell, or Boise to go shopping occasion- dinner table at night or when we can see our cannot say that T. Boone Pickens is a fool. ally, and now that is out of the question. We family members again. Congress not allow- Being a pilot, I have flown the man; I know live near Ontario, Oregon, and it only has a ing for the drilling and refineries to be built for a fact. Video: T. Boone Pickens 5 Minute Wal-Mart and Kmart store. If I want a nice is affecting us as a nation. I am ashamed of Plan, http://link.brightcove.com/services/ pair of shoes, a dress, or a nice set of towels, the direction our Congress is taking us. I be- link/bcpid1641244028/bclid1641831933/ I have to go to Boise, but cannot afford that lieve our forefathers would be too, if they bctid1653634930. now. I would buy online, but you never see a could see what is taking place. Have we not However, as well you know, alternate en- sale and the cost of shipping has gone out of learned anything? ergy is not going to happen overnight, and it sight. Besides, when the item does not fit or There is only two solutions for this. Some- will take years to transition from where we is not what you want, the cost of return times you have to grab the bull by the horns are today to where we need to go tomorrow shipping is too high. Then you keep what and hold on but the rewards are there. Do especially if we continue jawboning about it. you do not want and try not to have a fit. not allow another country to have control of Until then, until we actually start a real My only extravagance now is my Wall our lives. As Americans, we are tired of it. transitional journey, we are going to con- Street Journal, so that I can keep up on CAROL SUE. tinue to be dependent upon oil, which is in what [what is happening] in business and and of itself not a problem since there is an government. I see that the energy package You are right when you say on your abundance of oil within the confines of our faltered when the House failed to pass the website that we have no other choice but to very own borders that dwarfs that which is law that would allow the FTC to investigate keep driving and pay the high prices of oil. in the Middle East. It is high time we and punish motor fuels price gougers. Law- We live in the country, and we realize that is stopped worrying about the caribou and makers also postponed a measure that would our choice. Carpooling and public transpor- goodness knows what else. These are times crack down on excessive speculation in en- tation are very limited. We figure it is cost- for action and not words. And again, we need ergy futures trading markets. Our Congress ing us $35–$60 per day just to get to work. Congress to face facts and stop blocking working for the best interest of the Amer- And our vehicles get 27–35 mpg! We drive an vital resources of oil. ican people again! The House passed the economy car and a motorcycle, but we also The Arctic National Wildlife Refuge and Medicare bill that would prevent cuts in have a family and sometimes have to drive a the oil shale of Colorado, Utah and Wyoming Medicare payment to physicians. However, larger vehicle. We have looked into car- are reported to dwarf the oil reserves of the members of the Senate failed to invoke clo- pooling, which we are doing and saving about Middle East and, if you throw in the Atha- ture and did not vote on the issue. The senior $20 per day, and we are also looking into basca oil sands north of Ft. McMurray in Al- citizens can just find doctors that will take growing our canola to burn as fuel. We have berta that the Canadians are exploiting Medicare or do without. I was not surprised also stayed home as much as we can, which (they say one third of the world’s known oil when the House failed to act on two major on a larger scale is hurting the economy (ev- reserves reside there) then in essence if it domestic spending bills. [It is unfortunate eryone stays home, no one goes out and were not for the [arrangements] that we that partisan politics drive the agenda in spends money). have with Saudi Arabia we could in essence Congress, rather than the needs of the Amer- It is hard when you have to work two tell the Arabs to go pound sand and be free ican people.] hours per day just to pay for the gas to get of anyone’s oil but our own. Or, at the very I could go on, but I really have spent too there. We firmly believe that we should drill least the supposed energy crisis would be much time on venting my opinion which I our own oil in America and not give our just what it is in reality, a NON-crisis with know, of course, will have no meaning. I en- money to other countries. I would rather pay artificially high prices that are crippling our courage you to keep trying to do what is high prices to American workers than to ter- economy. right for the American people as a whole. I rorists who want to harm us physically and Please, if you truly care about Idaho, Ida- know that the answers are not easy, but you fiscally. hoans and indeed, the rest of the country,

VerDate Nov 24 2008 02:48 May 06, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MY6.018 S05MYPT1 smartinez on PROD1PC64 with SENATE S5122 CONGRESSIONAL RECORD — SENATE May 5, 2009 and, I believe you are one of the few in [Con- gasbuddy.com/gblgastemperaturemap.aspx. We should either sell or give the abandoned gress] that do, then take a listen to T. Boone See for yourself, Western States are paying military bases to companies willing to build Pickens, do some research into the oil shale significantly higher prices than many south- refineries on them. The time has come to in our neighboring states, research the min- ern & eastern states are. Why, I have no idea quit asking—it is time to demand that this uscule coastal area that would be affected by nor do I have the time and resources to re- be done. We have the resources, let us use drilling in the ANWR and convince the rest search it effectively, but I am sure a lot of them. The United States of America should of Congress to [move ahead with realistic other Idahoans would also be interested in not have to go begging to other countries for and lasting solutions.] why this is the case. oil when we have it within our own shores. Thanks for giving me the opportunity to There is much more I could say on this, We, the people, should not be suffering give my 2 cents worth or, in my case, more but I realize you are a busy man, so I will these exorbitant prices due to the incom- like a quarters worth. save it for another time. It is my sincere petence in all areas of our government, and MARCUS, Bellevue. hope that yourself and other Representatives speculators in the stock market. like you can find a way to somehow turn this WAYNE, Coeur d’Alene. We installed propane heating in our home nightmare around. f when it was the energy-saving thing to do! DAN. The cost of propane then was under 30 cents (At the request of Mr. REID, the fol- a gallon. We knew it would not stay that Thank you for the opportunity to tell you lowing statement was ordered to be low, but in the last five years we have seen how the high cost of fuel is affecting me. I printed in the RECORD.) live on the west side of Idaho Falls. I work the cost go up to over $2 a gallon. This past SPECIAL OTIS BOWEN LECTURES year, our heating cost went over $2,000 for a on the east side of the city. I realize that heating season. With the high energy prices, people in bigger cities have much bigger ∑ Mr. KENNEDY. Mr. President, I ask we get to choose, wrap up in blankets to commutes, but we have no real public transit unanimous consent that remarks by keep warm so we can buy gas to go to the so I have to drive. I own a Honda Civic, but Ralph Neas be printed in the RECORD. store and buy a loaf of bread and gallon of am considering a scooter. Because of the The being no objection, the material milk or buy heating fuel to stay warm and winters in Idaho, that is not a practical op- was ordered to be printed in the tion. With the price of fuel, food and health not eat. Some choice! RECORD, as follows: UNSIGNED. insurance going up every day, all I can afford to do is drive to work and back. I have had REMARKS OF RALPH G. NEAS, CEO OF THE NA- My story may be coming from a different to cut out movies, trips, and dining out. I re- TIONAL COALITION ON HEALTH CARE, THE angle; you see, I am nearly 62, working for ceived a letter from Delta airlines that was SPECIAL OTIS BOWEN LECTURE, UNIVERSITY Boeing trying to get enough money to retire titled ‘‘An Open Letter To All Airline Cus- OF NOTRE DAME, MARCH 26, 2009 and move back to Idaho. My investments tomers.’’ I hope you have seen it and are in Thank you. It is truly an honor and a have lost $130,000 in the last six months. My a position to do something to stop unneces- privilege to be here with you today as a par- portfolio is fairly conservative or I would sary price gouging. Nuclear fuel is very clean ticipant in the Otis Bowen lecture series. have lost much more. I am not wealthy by and safer than most other forms of fuel, why I want to express my appreciation to Dr. any means, so that much of a loss will set are we not looking into that more closely? Mark Walsh for inviting me, and commend me back several years in my retirement Thank you again for this opportunity. all the conveners and hosts of this gathering. plans. KAREN. I congratulate Indiana University and the All the while I am looking at Congress to University of Notre Dame for the collabora- The energy issue in the state of Idaho is come up with an energy policy that makes tion that brought IU’s medical school to the out of hand, and one that families cannot af- sense so our economy can flourish. At this Notre Dame campus. point I am so tired of hearing that we cannot ford. The state government should be offer- I want to especially thank Otis ‘‘Doc’’ ing land for development of wind energy, and drill in ANWR or offshore that I have consid- Bowen, the 44th Governor of Indiana, and the renewable recourses, Just make them paint ered retiring early just to spend my senior Secretary of Health and Human Services the towers with camo about halfway up. years trying to [make a difference on how during the Reagan Administration. His lead- There should be far more incentives for home the Congress represents the people]. With ership, commitment to the public interest, owners to add solar power to their homes, [the] current approval rating of 9%, [Con- and his contributions to Indiana and the Na- and incentives for companies that do that gress should recognize that the public does tion are exemplary and should serve as a kind of work to come into Idaho. Allowing not approve of its work.] If my approval rat- model for us all to emulate. logging companies to go into our forests and ing was less that 75% I would be fired on the Dr. Bowen, both Dr. Henry Simmons, the do selective harvest makes a win-win situa- spot. Think about it—would you fly on a visionary founder and president of the Na- tion for everyone man and animal. A lot of tional Coalition on Health Care (NCHC), and Boeing airplane that worked 75% of the the social services done in this area do not former Governor Robert Ray of Iowa, the Co- time? require a car and should be revoked from Chair of NCHC, send their warm regards. Dr. RULON. those who abuse the use of city, county, and Simmons was one of President Richard Nix- state cars. That ticks me off more than the The astonishing increases in fuel prices on’s top health care advisors in the early price of fuel. this year are hitting everyone on a national 1970s and worked on the Grace Commission LYLE and FAMILY, Idaho Falls. basis very hard indeed. We are a nation that which in the 1980s found that one-third of all runs on fuel. Everything we buy, be it a ne- Tax credits for clean energy are absolutely income taxes were consumed by waste and cessity such as food or the very fuel we use essential to our energy future and to our inefficiency. He has devoted his professional in our vehicles is shipped in, and the vehicles economy. Society suffers from the lack of al- life to improving health care for all Ameri- that ship those goods to us run on diesel, and ternatives while oil companies reap large cans. And Governor Ray worked with Dr. guess what fuel is priced the highest. profits. In spite of all the tax benefits that Simmons and you many times over the past Why this is I have no idea, but I do know oil companies receive, they show a reluc- several decades. I am so proud to be working that, at the rate that the cost of diesel is in- tance to make investments in a timely fash- with them. creasing, it will not be long until buying ion and realize large profits, which they re- Our timing is propitious. Indeed, the con- food will be something akin to if not worse turn to investors and management. veners of this event were prescient. We gath- than the Great Depression of the 1930s. Al- MARY. er tonight at an extraordinary moment in ready I have been hearing of farms all over history: The Nation is facing the worst eco- the USA that cannot afford the fuel it takes I am a 68-year-old taxpaying American cit- nomic crisis in more than seven decades and to harvest their crops. As a result, the crops izen, and military veteran. I live in Coeur Americans urgently need a better health are left to rot in the fields. d’Alene and work in Spokane, Washington. It care system; our health care system is dys- My own family is rapidly approaching the is getting increasingly more difficult to af- functional and represents an unsustainable point of deciding between food, the mort- ford the gas to drive to and from work. Car- drain on our economy as a whole. It is ineffi- gage, and fuel to get to work. Personally, I pooling or the use of public transportation is cient and inequitable; urgent action is re- drive a diesel pick-up and, in July of last out of the question as I work in the construc- quired to systematically address what is an year, 28 gallons (1 tankful) of diesel would tion industry on various jobs throughout the incredibly challenging and morally troubling cost me $65–$70. Now it costs me close to $140 Spokane area. policy problem affecting every American. for the same amount of diesel, despite my The time has come to start drilling for oil In short, the health care system in the diesel pick-up getting amazing economy. I in Alaska, Colorado, Wyoming, and offshore. United States is in desperate need of signifi- am still getting hit hard by these prices, From what has been in the news and from cant reform. However, we should emphasize which have more than doubled in one year. what we read in various publications, all at the beginning that we need an American One thing in particular that I cannot fig- from very intelligent engineers and sci- solution. We can and should borrow from the ure out is why the Western states are paying entists, we know the oil is there. We have best of what works elsewhere. But we should much higher fuel prices than other states. shale deposits in several states that we could recognize our unique history and the special Where I am coming from on this is a inter- be using. We need to work harder on wind characteristics of the American people. esting innovation on fuel price tracking and nuclear power. The states want to drill, The good news is that the President and called the ‘‘Gas Temperature Map’’ http:// and we need to lift the federal bans. Congress are seriously considering health

VerDate Nov 24 2008 01:07 May 06, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.023 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5123 care reform. In fact, in just the past month tions representing business, unions, health conservative pundits was ‘‘let Reagan be we have seen a presidential address to a joint care providers, associations of religious con- Reagan.’’ Part of what we’re trying to ac- session of Congress, a presidential budget, gregations, minorities, people with disabil- complish here is to ‘‘let doctors be doctors!’’ and a presidential summit, all prominently ities, pension and health funds, insurers, and More than just about anything else, doctors featuring systemic, systematic health care groups representing patients and consumers. want to practice medicine. reform. In addition, the Senate and House of Our member organizations represent more Also, this year, everyone has been invited Representatives have already commenced than 150 million Americans. They speak for a to the table. My own experience tells me comprehensive hearings. cross-section, and a majority, of our popu- that is how lasting progress is made. In the We must succeed. Too much is at stake: lation. early 1980s, I was selected to lead the Leader- the health and well-being of millions of Our board includes Frank Carlucci, who ship Conference on Civil Rights, the Nation’s American families, and the future of the Na- served several Republican and Democratic oldest and largest civil rights coalition. tion’s economic and fiscal health. Also at presidents in a range of intelligence, na- Working with Republican and Democratic stake, I believe, is whether we can help re- tional security, and ambassadorial positions, leaders, with business and labor and public store the trust and confidence of the Amer- and Israel Gaither, the National Commander interest advocates, we accomplished great ican people in their government. of the Salvation Army. It includes John things. The passage of the life- and culture- So I cannot imagine a better time for us to Sweeney, the president of the AFL–CIO, and changing Americans with Disabilities Act. be having this conversation. And I couldn’t William Novelli, the CEO of AARP. It in- The strengthening of every major civil rights be happier that it is happening here. The cludes John McArthur, dean emeritus of the law with huge bipartisan congressional ma- University of Notre Dame, and people con- Harvard Business School, Cheryl Healton, jorities, and often with the support of the nected to Notre Dame, have been central to President of the American Legacy Founda- business community. my life in more ways than I can count. tion, and John Seffrin, CEO of the National That could only be accomplished by build- I was a student here during the 1960s. As a Cancer Society. These are organizations and ing active alliances across party lines, en- young person I had watched on television as leaders who individually play a major role in gaging business and nonprofit leaders, public Bull Connor turned dogs and fire hoses on our society and in public policy making. To- officials and community activists. We had to civil rights marchers. I had watched Martin gether they represent an extraordinary find ways to address each community’s needs Luther King champion human dignity in the breadth of expertise and resources. with a pragmatic and principled eye on the face of bigotry and violence. The Coalition is rigorously nonpartisan. ultimate goal of advancing the common Early on, I wondered whether I had a voca- Former Presidents George H. W. Bush and good. tion to the priesthood, but I found in Dr. Jimmy Carter are our honorary co-chairs. The members and board of the National King and the Kennedys an inspiration to Former Iowa Governor Robert Ray, a Repub- Coalition on Health Care understand that all public service as a different kind of vocation. lican, and former Congressman Bob Edgar, a the elements of our health care system are And that brought me to Notre Dame. Father Democrat from Pennsylvania are its co- interdependent. So are the health care sector Ted Hesburgh became the first of many chairmen. We believe it is essential to make and the broader economy. That is why any Notre Dame role models, teachers, and men- reform a bipartisan process and a bipartisan solution must be systemic and system-wide tors who have sustained and guided me ever achievement. if it is to be meaningful and effective. since. I am especially proud of two of the pillars And that’s also why reform must be ac- The last time I spoke at Notre Dame was of the Coalition. complished now. about 25 years ago, in 1983. I was just a short One of those pillars is religious organiza- Let me make a case for urgency by dis- time into my tenure as executive director of tions. The U.S. Conference of Catholic cussing the nature of our health care problem. the Leadership Conference on Civil Rights, Bishops is a member of the National Coali- There is no question that our system pro- and I was asked to address a conference for tion on Health Care because the Catholic duces and includes extraordinarily gifted tradition affirms that access to health care Catholic laity on work and faith in society medical professionals. I am alive today be- sponsored by the U.S. Conference of Catholic is a basic human right and a requirement of cause 30 years ago I had access to some of Bishops. I believe, like the late Senator Phil human dignity. The Catholic bishops are the best medical care the world has to offer. Hart of Michigan, that politics can be a high joined in that belief, and in our coalition, by But millions of Americans do not have af- vocation—that a politician can be a lay the Salvation Army, the Religious Action fordable access to that care. Indeed, nearly priest of society. Center of Reform Judaism, the Presbyterian 50 million Americans do not have health in- In preparing for that speech, I realized that and Episcopal Churches, the United Meth- surance—a number that grows with every I had learned about human dignity and odist General Board of Church and Society, layoff, or with every employer who cuts equality before God from my church and my and the National Council of Churches. health coverage to avoid cutting jobs. Every family long before I learned about the legal The backing and active participation of 2 years, some 90 million Americans go with- principle of equality under the law from my these religious communities gives us access out health coverage. Another 20 million are college and law school professors. Those to their networks of local religious leaders underinsured. principles have guided my life’s work and are and lay people. We are well equipped to en- What does that mean to individuals and central to what I am here to talk about gage policymakers and the public on the families? It can be disastrous for their phys- today. moral poverty of leaving millions of Ameri- ical and financial health. Another principle that has guided my po- cans without access to quality affordable People without insurance—or without suf- litical life is bipartisanship. I had the ex- health care, and on the moral urgency of ficient insurance—are less likely to get pre- traordinary good fortune to work for two re- tackling that problem. ventive care that will keep them healthy. markable Republican senators early in my Another especially significant pillar of our They are less likely to go to a doctor when public service career—Edward W. Brooke of coalition is the medical societies, which to- they become ill. Their serious illnesses are Massachusetts, and David Durenberger of gether represent hundreds of thousands of diagnosed when they are more advanced and Minnesota. They were politicians and public doctors. They include the American College harder to treat. They put off treatments servants who were less interested in ideology of Cardiology, the American Academy of Pe- they need but cannot afford. and political positioning, and more inter- diatrics, the American College of Surgeons, And when they do face serious injury or ill- ested in moving the Nation forward, in find- the American Academy of Family Physi- ness, the cost of treatment can be dev- ing workable solutions to the Nation’s prob- cians, and the American College of Emer- astating to their families. lems. They weren’t just willing to work gency Physicians. Also included are the There are a lot of numbers and statistics across the partisan aisle; it was central to American Dental Education Association, the that we use to analyze and describe the cur- who they were. Duke University Medical Center and Johns rent state of our health care system. One These principles were at the core of my de- Hopkins Medicine. And just yesterday the that really leaps out to me—that is espe- cision last month to accept the position as Association of American Medical Colleges, cially heartbreaking—is that currently one- CEO of the National Coalition on Health along with the Council of Teaching Hos- half of all personal bankruptcies, and one Care. After I decided to step down as presi- pitals, joined our Coalition. This is a very se- half of all foreclosures, are caused by an indent of People For the American Way, I had rious brain trust of physicians, medical edu- ability to pay medical expenses. spoken with many other health care coali- cators, and their advocates. Think about what that means. tions and institutions. But I had a keen per- During the last major health care reform Thousands and thousands of families, al- sonal and professional interest in working to effort in 1993 and 1994, many of the medical ready traumatized by serious illness or trag- achieve health care reform in the most non- societies opposed that effort. But they work- ic accident, are punished even further. They ideological and most non-partisan way pos- ing with us now, I think, for several reasons. go through a medical crisis and are forced sible. And I was impressed by what a great First, the need for reform has become in- into a financial crisis. They say good-bye to fit there was between the National Coalition creasingly obvious and urgent to everyone a loved one—and are forced out of their and my skills, background, and approach to who cares about making sure that people home. And there is no telling the toll on public policy. have access to quality health care. Second, I communities of citizens who are sidelined— The National Coalition on Health Care is believe that doctors have a better view than or worse—by a condition that could have the largest, broadest, most diverse coalition anyone of the current system’s problems, in- been treated less expensively and more effec- working to achieve comprehensive health efficiencies, and distortions. I remember a tively if the cost of care had not kept people care reform. It is an alliance of 79 organiza- time in the 1980s when a rallying cry from away.

VerDate Nov 24 2008 01:07 May 06, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.040 S05MYPT1 smartinez on PROD1PC64 with SENATE S5124 CONGRESSIONAL RECORD — SENATE May 5, 2009 These are not just tragic stories. They are nities. It has been estimated that prevent- bitious reform. And we are seeing all the evidence of an unforgivable level of cruelty able health care accidents, errors, and poor stakeholders coming to the table, not with in our current health care system. quality of care are the Nation’s third leading the goal of turning the table over and main- And, of course, all these consequences are cause of death after cancer and heart dis- taining the status quo, but to seek some not limited to the uninsured and under- ease. kind of resolution to the systemic problems insured. The consequences are shared; the A few years ago a major study by the that can no longer be denied or rationalized burden is shared, by everyone. The costs of RAND Institute examined the medical away. emergency room care for the uninsured are records of thousands of patients from 12 met- That’s what the National Health Care Coa- shifted to other parts of the system, to other ropolitan areas and evaluated the care they lition is committed to doing this year. payers. According to a study by Emory Uni- received using indicators of quality devel- And, I’m proud to say, we’re ready because versity health care economist Kenneth oped by specialty expert panels. They found we’ve already done our homework. I’ve been Thorpe, the cost of providing uncompensated that patients got about 55 percent of rec- talking a lot about the problem. Let’s talk care to uninsured patients adds more than ommended care. We should not be willing to about the solution. $1,000 per year to the average cost of em- accept or tolerate this mismatch between The Coalition spent 18 months working ployer-sponsored family coverage. standards and actual practices. with our board, member organizations, and And that leads us to the second part of the And here is more evidence of the inter- health care experts to reach a consensus on problem we must address—the staggering connected nature of these problems. Two dif- principles and specifications for reform. cost of health care in this country, which is ferent research studies have estimated that There’s no more detailed or comprehensive growing in ways that Americans and Amer- dealing with defects in the quality of our proposal on the table that I’m aware of. ica cannot afford. health care could reduce the total cost of The cost of insurance is an increasingly health care by 30 percent. 30 percent. That’s The overarching requirement is that re- heavy burden even for those who have it. $750 billion per year. That is a huge financial form be both systemic and system-wide. Over the past decade, employers and workers incentive to deal with the quality of care and With that as an understanding, we have laid have seen their health care costs rise 120 per- the waste and inefficiencies of our current out five principles for reform and specific cent. On the other hand, wages only in- system. and achievable approaches within each cat- creased 34 percent during the same period So that is the outline of the health care egory. (while inflation rose 29 percent). The average challenge we face—uncontrolled costs, unac- The first principle is coverage for all cost to families rose from just over $6,000 per ceptable quality of care, and unconscionable Americans. We believe coverage should be year to about $12,000 per year. That is a huge lack of access to care for millions of Ameri- defined clearly and comprehensively. It amount for many middle class families. It is cans. should include emergency care, acute care, an insurmountable burden for working fami- Acting urgently is both a moral and finan- prescription drugs, oral health care, early lies. cial imperative. detection and screening, preventative care And unless we act, it will only get worse. The current economic crisis is putting (including smoking cessation programs), Richard Johnson and Rudolph Penner of the more families out of work, putting greater care for chronic conditions, and end-of-life Urban Institute projected that in 2030, out- strain on companies that struggle to provide care. There should be no exclusion for pre-ex- of-pocket health care costs will consume health care, and putting enormous fiscal isting conditions. more than 35 percent of after-tax income for strains on Federal and State budgets. We recognize a range of options—and pos- older married couples. That is more than President Obama has called for lawmakers sible combinations of options—can be used to double the 16 percent that health care costs to take action this year. In response, some achieve this goal: employer mandates, sup- took from those couples in 2000. pundits and critics have suggested that the plemented with individual mandates as nec- As a Nation, we spend $2.5 trillion in Obama administration is putting too much essary; expansion of existing public pro- health care costs every year. That is a sixth on its plate—that it should hold off on grams that cover subsets of the uninsured; of our national economy, or about $6,000 per health care reform while it figures out how creation of new public programs targeted at capita. That is twice as much as the average to deal with the financial crisis. groups of the uninsured; or establishment of of all industrialized countries, and 50 percent But that is not possible. Health care is a universal publicly financed system. more than the next Nation on the list. (And such an enormous part of the economy, is so Participation must be universal, and there remember, those countries cover all their interwoven with individual, corporate, and must be subsidies provided for those least citizens, while 15 percent of Americans have governmental crises, that it is not possible able to afford coverage. But none of these op- no coverage at all.) to address our economic woes without taking tions requires a government-run system. Costs have been consistently rising at a up health care reform. We have reached the The second principle is cost management. much higher rate than the consumer price point where the public’s most pressing do- The numbers that I talked about earlier index. We as a Nation simply cannot afford mestic concerns—economic growth, jobs, and make it clear that it will not be possible to double-digit growth in health care costs year retirement security, and health care—are achieve sustainable reform without tackling after year. They make it harder for busi- fundamentally intertwined. The first three the cost issue head-on. nesses to provide health care coverage for concerns cannot be addressed effectively un- their employees—and those employees find it less health care costs are contained. The cost Cost management must be a multi-faceted harder to pay the growing share they are of doing nothing far exceeds the costs of tak- undertaking. It should include: a plan to asked to contribute to that coverage. ing action now. And if we implement real make health insurance premiums easier to The increasing cost to small and large systemic reforms now, we will save trillions compare by requiring insurers to establish businesses is a dire challenge to their profit- of dollars in the long run. separate premiums for the core benefit pack- ability, competitiveness and survival. It As economist Peter Orzag says, the road to age and any supplemental coverage; a ration- drains funds from research and development, fiscal sustainability runs through health al mechanism for increasing the cost-effec- makes it more expensive to hire new employ- care reform. Ben Bernanke, the chairman of tiveness of capital spending; cost-sharing ees, and makes it less affordable to offer the Federal Reserve System, puts it this and other tools to provide more and better workers increased wages. Increasing costs way: information and incentives for patients to undermine the viability of pension funds. ‘‘The decision we make about health care make good choices about health mainte- And they increasingly put American busi- reform will affect many aspects of our econ- nance and care, and reduce over-use and nesses at a competitive disadvantage to com- omy, including the pace of economic growth, under-use; an increased emphasis on preven- panies abroad who have much lower health wages and living standards, and government tion and early detection of disease; a com- care costs. budgets, to name a few . . . As the public in- mitment to improving quality of care; in- And the fiscal drain to state and federal terest in these issues testifies, the stakes as- vestment in a health care information infra- governments is ruinous. It has been esti- sociated with health care reform, both eco- structure; and steps to modernize and sim- mated that by 2050, Medicare and Medicaid nomic and social, are very high.’’ plify the administration, and dramatically combined will consume more than double So, act we must. But how? reduce the administrative costs of the health their current share of our gross national It is easy to be dismayed at the size and care system. product. Our country’s financial health—as complexity of the problem—and by past fail- It is true that successful reform of all the well as that of individuals, families, and ures to address it. But we cannot shy from areas we have talked about will produce sig- companies—requires that we get costs under reform. Nor can we let a political stalemate nificant long-term savings. But it is also es- control. grind the process to a halt. sential to begin immediately to bend the Closely connected to the problem of run- I am a veteran of many difficult battles in cost curve and slowing those double-digit in- away costs is the national epidemic of sub- Washington. I’ve been part of them for 35 creases that are outstripping our ability to standard care. It may be hard to believe, but years. And I’ve never seen a bigger chal- pay for them. The increases in health care every year 100,000 Americans die from pre- lenge, substantively or politically. costs and insurance premiums for the core ventable medical mistakes. Another 100,000 But I am cautiously optimistic about the package of benefits should be brought into die from infections contracted in U.S. hos- possibilities for real reform this year. There line with percentage increases in per-capital pitals. Millions of others are injured or af- exists a rare confluence of economic, polit- gross domestic product. And we should aim fected, with cascading consequences for their ical, and historic circumstances. There is a to achieve that goal within 5 years after the families, their employers, their commu- much broader consensus on the need for am- enactment of legislation.

VerDate Nov 24 2008 01:07 May 06, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.042 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5125 There must be short-term cost constraints to improve access and quality of health care Three of my doctors in St. Mary’s hospital that would include rates for reimbursing pro- in a way that the Nation can afford. in Minneapolis, Minnesota, were Notre Dame viders for care encompassed by the core ben- We have a road map. Now we need to keep graduates, including chief of staff Pat Bar- efit package, and limits in increases in in- policymakers focused on the journey. rett, who was the football team’s doctor on surance premiums for the core benefit pack- President Obama, who recently hosted a the road. They helped me survive and recu- age. We are not advocating for cuts in reim- bipartisan summit on health care reform at perate. But no one was more important than bursement rates. But slowing the rate of in- the White House—has urged Congress to give my mother, who traveled to Minneapolis crease is vital—and will reduce the likeli- him reform legislation this year. He has put from a suburb of Chicago and sat at my bed- hood of sudden cuts made under the stress of a significant down payment for reform in his side, holding my hand, for 50 of my first 100 financial crisis. budget. days in the intensive care unit. And then We recommend that these efforts to man- While I do not think the Administration there was Sister Margaret Francis Schilling, age costs be established and administered by has yet been ambitious enough—dealing, for a nun who had survived Guillain-Barre´ 25 an independent board chartered and overseen example, in a realistic way with the need to years earlier, and who was celebrating her by Congress. contain costs—I believe the White House has 50th anniversary as a nun in 1979, who talked The third basic principle is one I just men- learned important lessons from the experi- to me every day, who prayed with me every tioned in terms of cost containment—that is ence of 1993 and 1994. They are including all night, and who helped save my life and renew a national effort to improve the quality and stakeholders from the beginning. They are my faith. safety of care. putting forward broad principles and count- You can probably understand why, when This includes accelerated development of a ing on Congress to write the legislation. And given the opportunity to be transferred to national information technology infrastruc- they are moving in a bipartisan fashion, in- the Mayo Clinic, I told my parents that I ture, as well as increased emphasis on pre- viting Republican and Democratic congres- wanted to stay at St. Mary’s. Sometimes the vention and early detection of disease, and sional leaders into their conversations. appearance of near-mystical serendipity research on comparative effectiveness and I believe bipartisanship is essential not trumps all other considerations. practice guidelines to reduce waste and im- just because we need 60 votes in the Senate, The experience taught me many things, prove the safety and effectiveness of health but because a bipartisan consensus would be most notably how vulnerable each of us is, care. good for the country as we move forward in and how dependent we are on each other. I The members of the National Coalition on this enormous, and enormously important, had been a young hot-shot on a fast track Health Care recommend that national prac- undertaking. congressional career. I thought I could do tice guidelines be developed by panels of We must understand fully that time is our anything. As long as I worked hard and never leading health care professional based on re- most formidable foe. We must achieve health gave up, I would not need anybody. I learned views of research on the effectiveness and care reform now, not only to protect and ad- the hard way how wrong I was. I learned impact of technologies and treatment. Con- vance Americans’ health, but to shore up our first-hand how quickly our lives and health forming to these best practice guidelines reeling economy. We must take advantage of can take a turn. I came out of that experi- could not only reduce unnecessary treatment the political momentum for change. We ence with a renewed commitment to public and costs, but could also help protect med- must overcome those who might be tempted service, and with a sense of how inter- ical professionals against frivolous or mar- to see the failure of reform as a political op- dependent different vocations—like Sister ginal lawsuits. portunity. Margaret’s, my doctors’, and mine—could be. Fourth, we must make the financing of Reform must be enacted this year—and as After I finished my physical rehabilitation, health care more equitable and reduce or of today the year is already almost one-quar- and recovered my physical and mental stam- eliminate cost-shifting. ter behind us. ina, I began interviewing for jobs. My par- Again in this area we have identified a In Congress, there are at least seven major ents, Senator Brooke, and Senator Duren- range of mechanisms that could be used, in- committees that have some jurisdiction and berger were all advocating that I join a law dividually or in some combination, to fund will be involved in crafting reform legisla- firm and begin a more traditional way of life. the costs of necessary reforms and assuring tion. That means multiple subcommittee In the middle of my deliberations, John that every American is covered: general rev- hearings and markups, full committee mark- Sears, a Notre Dame grad, a lawyer, and the enues, earmarked taxes or fees, required con- ups, House and Senate floor debates and former campaign manager for Ronald tributions from employers, required con- votes, and the House-Senate conference com- Reagan, gave me contrary advice. He told me tributions from individuals and families, mittee. All of this takes time. As I tell my that I could join a law firm at any time. But which would include co-payments, law school legislative process classes, there the Nation in 1981 was about to begin a his- deductibles, and contributions toward pre- are 100 decision-making points in the legisla- toric debate about civil rights, social justice, miums. tive process, and each of them is a point at and the role of the Federal Government. He Subsidies should be provided, or financial which compromise can take place. told me that if I had an opportunity to have obligations varied, based on relative ability If we are to have reform enacted this year, a leadership position, I should seize the mo- to pay for less affluent individuals, families, we must have a bill through the Senate with ment. He told me how important it was to be and employers. a bipartisan consensus by Labor Day. So on ‘‘the front lines of history.’’ Only then And fifth, we must simplify the adminis- each day is enormously consequential. We could you make a dramatic difference for tration of health care. The United States have no time for ideological warfare or par- your family, your community, and your spends more than any other Nation—hun- tisan posturing. This truly is a time for country. dreds of billions of dollars every year—to ad- pragmatism to trump ideology. We need to And that is the opportunity and the chal- minister our health care system. Adminis- be focused on what works. And we cannot lenge that we all face at this moment. trative expenses incurred by private health allow the perfect to be the enemy of the The great Irish poet Seamus Heaney has insurers rose 52 percent between 1999 and good. written: 2002. We can do this. History says, Don’t hope Our system’s complexity is not only expen- A few years ago, my father-in-law was in On this side of the grave. sive; it is also confusing and frustrating for Rome. He was at the Vatican when he col- But then, once in a lifetime patients and doctors. And its lack of trans- lapsed with a heart problem. He was at- The longed-for tidal wave parency undermines both accountability and tended to by the Pope’s doctor—the finest Of justice can rise up, the ability of individuals and organizations care he could have asked for. And when he And hope and history rhyme. to make market-based decisions. had recovered and asked how much he owed, We all have a chance, working together, to Assuring coverage for all Americans, and the answer was ‘‘nothing!’’ His health care in make hope and history rhyme. establishing a core benefit package, would Italy was free. I know it’s a simple story, Regardless of where you stand on the create a consistent set of ground rules for and our quest for an American solution is health care issues before us, I urge you to patients, providers and payers. anything but simple, but there’s no reason get involved. This is a time for all of us—of An integrated technology infrastructure we cannot achieve the same kinds of access whatever vocation—to come together. We would not only reduce administrative com- to affordable quality care that other nations must all be willing to sacrifice for an accom- plexity and costs, but help to reduce medical provide. plishment that would address a great moral errors, protect patients’ safety, and improve There is another story that explains why I failing, that would strengthen our Nation’s outcomes. am so committed to making this work—and economy as well as its social fabric, that These principles—coverage for all, cost why I have faith that it can. could point the way toward dealing construc- containment, quality and effectiveness of In 1979, as a young man of 32, I was diag- tively with other systemic challenges ahead. care, simplified administration, and equi- nosed with Guillain-Barre´ Syndrome, a dis- I hope you will support the principles of table financing—are interdependent. And we ease that paralyzes the nerves and muscles. the National Coalition on Health Care. But must deal with them that way. Over a period of weeks I became completely the most important thing, in the words of Taken together, the National Coalition on paralyzed, unable to breathe on my own or Oliver Wendell Holmes, is to ‘‘share the pas- Health Care specifications provide an ambi- move a muscle. I was put on a respirator for sion and action’’ of one’s time. tious and achievable guide to our Nation’s 75 days, and was eventually given general ab- Please do not sit on the sidelines. Immerse lawmakers. We know what investments and solution when it was not clear that I would yourself, passionately, in this historic mo- policy changes we need to make now in order survive. ment.

VerDate Nov 24 2008 01:07 May 06, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.044 S05MYPT1 smartinez on PROD1PC64 with SENATE S5126 CONGRESSIONAL RECORD — SENATE May 5, 2009 Please know how much it has meant to me ADDITIONAL STATEMENTS including a tour of duty as principal of to be here. I am profoundly grateful for the the George V. Kirk Middle School in opportunity to be with you tonight. Delaware’s Christiana School District. ∑ Thank you. TRIBUTE TO COMMANDANT Before cofounding the Delaware Mili- CHARLES BALDWIN tary Academy, Commandant Baldwin f ∑ Mr. CARPER. Mr. President, this established NJROTC programs in Dela- spring, the fourth class will graduate ware’s Seaford and Christiana School HAYES NOMINATION from the Delaware Military Academy, Districts. During this time, he has re- ∑ Ms. MURKOWSKI. Mr. President, I and I would like to take this oppor- ceived both military and civilian ask that my letter to Senator MCCON- tunity to recognize Commandant awards for excellence, including the NELL, dated May 4, 2009, with its at- Charles W. Baldwin for his years of Meritorious Service Medal, the Mili- tachment, be printed in the RECORD. dedicated service to the school. tary Order of the Purple Heart, The material follows. The Delaware Military Academy, Christiana Teacher of the Year and the U.S. SENATE, COMMITTEE ON ENERGY DMA, is a unique public charter school Christiana School District Citizenship AND NATURAL RESOURCES, affiliated with the Red Clay School Award. In addition, he twice received Washington, DC, May 4, 2009. District. Cofounded in 2003 by Com- Presidential awards for management Senator MITCH MCCONNELL, mandant Baldwin and opened that year excellence. Republican Leader, U.S. Senate, Washington, with only grades 9 and 10, the DMA has On a personal note, I have known and DC. quickly found success. admired Commandant Baldwin for DEAR SENATOR MCCONNELL, Under the pro- Today, in addition to being a Middle more than a decade. My sincere hope is visions of the Honest Leadership and Open that as he steps down from his leader- Government Act of 2007 (section 512 of P.L. States fully accredited school, the 110–81), attached please find a notice of my academy has grown to enroll 525 stu- ship role at the Delaware Military intent to object to proceedings on the nomi- dents in grades 9 though 12 and has a Academy, he will consider leading an nation of David Hayes, Calendar number 31, waiting list of more than 200 appli- effort to establish other public charter reported by the Committee on Energy and cants. Since 2006, DMA has earned a su- schools in the state that are based on Natural Resources on March 18, 2009. The perior rating every year from the Dela- the DMA’s unique model. reasons for my objection are included in the ware Department of Education. In 2008, I want to personally thank Com- notice. the school was named a Superstars in mandant Baldwin for his commitment Sincerely, to Delaware, to the education of its LISA A. MURKOWSKI, Education Award Winner by the Dela- Ranking Republican Member. ware Chamber of Commerce. young people, and to preparing them for lives of service. I warmly wish him NOTICE OF INTENT TO OBJECT Designated by the United States Navy as a Distinguished Unit with Aca- the best.∑ Under the provisions of the Honest Leader- ship and Open Government Act of 2007 (sec- demic Honors, the academy has the f tion 512 of P.L. 110–81), I, Senator Lisa A. unique privilege and responsibility of DRAFT LIST OF SITES, LOCA- Murkowski, intend to object to proceedings naming nine nominations among the TIONS, FACILITIES, AND ACTIVI- on the nomination of David Hayes, Calendar Naval Academy, Air Force Academy TIES IN THE UNITED STATES number 31, reported by the Committee on and West Point Military Academy. FOR DECLARATION TO THE Energy and Natural Resources on March 18, The unique school offers students a 2009, for the following reasons: INTERNATIONAL ATOMIC EN- tuition-free, 4-year high school pro- ERGY AGENCY (IAEA), UNDER During conversations with the nominees at gram. The entire school is incorporated meetings and hearings, they have generally (THE ‘‘U.S.-IAEA ADDITIONAL expressed very reasonable views, including within the Navy Junior Reserve Officer PROTOCOL’’), AND CONSTITUTES an affirmation of the need for continued en- Training Corps, and as the first school A REPORT THEREON, AS RE- ergy production in the United States. of this nature, has become the model QUIRED BY SECTION 271 OF PUB- However, actions speak louder than words, high school for this Navy Training LIC LAW 109–401—PM 15 and I am disappointed and troubled by the Corps. lack of connection between the rhetoric from The Delaware Military Academy’s The PRESIDING OFFICER laid be- the Administration and its nominees, and college preparatory academic cur- fore the Senate the following message the reality of the Administration’s actions. riculum is supplemented with courses from the President of the United Rarely a week goes by that the Department that include naval operations, naviga- States, together with an accompanying of the Interior doesn’t issue a pronounce- tion, leadership, seamanship and report; which was referred to the Com- ment, that, taken together, add up to a mittee on Foreign Relations: wholesale assault on domestic natural re- oceanography. With its cadet hier- source development. A few examples are: archy, students are placed in leader- To the Congress of the United States: Cancellation of the Utah leases; 180-day ship positions and given responsibil- I transmit herewith a list of the delay of the 5-year plan; delay of the new ities rarely found in a civilian high sites, locations, facilities, and activi- round of oil shale research, demonstration, school. As a result, they emerge from ties in the United States that I intend and development leases; listing of the yellow the academy better prepared to meet to declare to the International Atomic billed loon; Monday’s determination that the the demanding challenges of the adult mountaintop coal mining rule is ‘‘legally de- Energy Agency (IAEA), under the Pro- fective,’’ and, most recently, the potential world. tocol Additional to the Agreement be- application of Endangered Species Act con- In just 6 short years, the academy, tween the United States of America sultation requirements to all activities that under the leadership of Commandant and the International Atomic Energy may increase carbon output. Baldwin, has done what takes some Agency for the Application of Safe- Further, I have not been satisfied with the schools more than 20 years to accom- guards in the United States of Amer- responses to questions we have submitted on plish. It has built and maintained a ica, with Annexes, signed at Vienna on these matters to nominees that have pre- successful system that instills values June 12, 1998 (the ‘‘U.S.-IAEA Addi- viously come before this Committee. and responsibility into our children Therefore, I will add my name to the list of tional Protocol’’), and constitutes a re- those who intend to object to the confirma- while providing them an excellent edu- port thereon, as required by section 271 tion of Deputy Secretary-nominee David cation. Moreover, the commitment of of Public Law 109–401. In accordance Hayes, until we can get some assurance that DMA and its student body to commu- with section 273 of Public Law 109–401, we will see the actions of the Department of nity service is widely known and appre- I hereby certify that: the Interior comport with the transparency ciated in the State of Delaware. (1) each site, location, facility, and and process and policy that they have prom- While success in such a short period activity included in the list has been ised. is certainly a credit to the faculty and examined by each department and I will soon be sending a letter to the De- students of the academy, Commandant agency with national security equities partment of the Interior with detailed questions regarding my concerns. Baldwin has indeed played a critical with respect to such site, location, fa- These are questions of huge significance to leading role. cility, or activity; and not only American energy security, but to A 24-year Navy veteran himself, Com- (2) appropriate measures have been our ability to maintain our Nation’s entire mandant Baldwin has dedicated his life taken to ensure that information of di- infrastructure, and grow our economy.∑ to training, teaching and recruiting, rect national security significance will

VerDate Nov 24 2008 01:07 May 06, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.046 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5127 not be compromised at any such site, *Demetrios J. Marantis, of the District of The PRESIDING OFFICER. Without location, facility, or activity in con- Columbia, to be a Deputy United States objection, it is so ordered. nection with an IAEA inspection. Trade Representative, with the rank of Am- * Foreign Service nominations beginning The enclosed draft declaration lists bassador. with Gregory D. Loose and ending with Greg- By Mr. KERRY for the Committee on For- ory M. Wong, which nominations were re- each site, location, facility, and activ- eign Relations. ity I intend to declare to the IAEA, and ceived by the Senate and appeared in the *Johnnie Carson, of Illinois, to be an As- Congressional Record on April 2, 2009. provides a detailed description of such sistant Secretary of State (African Affairs). * Foreign Service nominations beginning sites, locations, facilities, and activi- *Ivo H. Daalder, of Virginia, to be United with Laszlo F. Sagi and ending with Daniel ties, and the provisions of the U.S.- States Permanent Representative on the E. Harris, which nominations were received IAEA Additional Protocol under which Council of the North Atlantic Treaty Organi- by the Senate and appeared in the Congres- zation, with the rank and status of Ambas- they would be declared. Each site, loca- sional Record on April 2, 2009. sador Extraordinary and Plenipotentiary. * Foreign Service nominations beginning tion, facility, and activity would be de- Nominee: Ivo H. Daalder. with John M. Kowalski and ending with Jer- clared in order to meet the obligations Post: NATO. emy Terrill Young, which nominations were of the United States of America with (The following is a list of all members of received by the Senate and appeared in the respect to these provisions. my immediate family and their spouses. I Congressional Record on April 2, 2009. The IAEA classification of the en- have asked each of these persons to inform me of the pertinent contributions made by * Nomination was reported with rec- closed declaration is ‘‘Highly Confiden- them. To the best of my knowledge, the in- ommendation that it be confirmed sub- tial Safeguards Sensitive’’; however, formation contained in this report is com- ject to the nominee’s commitment to the United States regards this informa- plete and accurate.) respond to requests to appear and tes- tion as ‘‘Sensitive but Unclassified.’’ Contributions, amount, date, and donee: tify before any duly constituted com- Nonetheless, under Public Law 109– 1. Self: $500, 01/29/2008, Barack Obama; $500, mittee of the Senate. 401, information reported to, or other- 12/28/2007, Barack Obama; $500, 03/08/2006, Har- ris Miller. f wise acquired by, the United States 2. Spouse: Elisa D. Harris: $250, 03/28/2008, Government under this title or under INTRODUCTION OF BILLS AND Hillary Clinton; $250, 03/06/2008, Hillary Clin- JOINT RESOLUTIONS the U.S.-IAEA Additional Protocol ton; $500, 03/08/2006, Harris Miller. shall be exempt from disclosure under 3. Children and Spouses: Marc H. Daalder— The following bills and joint resolu- section 552 of title 5, United States none; Michael H. Daalder—none. tions were introduced, read the first Code. 4. Parents: Hans Daalder—none; Anneke and second times by unanimous con- Daalder—deceased. BARACK OBAMA. sent, and referred as indicated: 5. Grandparents: Dirk Daalder—deceased; THE WHITE HOUSE, May 5, 2009. By Mr. KERRY: H. H. Daalder-Oversteegen—deceased; Rose S. 969. A bill to amend the Public Health f Neukircher—deceased; Ivan Neukricher—de- Service Act to ensure fairness in the cov- ceased. MESSAGE FROM THE HOUSE erage of women in the individual health in- 6. Brothers and Spouses: Eric Daalder— surance market; to the Committee on At 2:21 p.m., a message from the none; Helmi de Ruiter—none. Health, Education, Labor, and Pensions. House of Representatives, delivered by 7. Sisters and Spouses: Martine Daalder— By Ms. LANDRIEU (for herself, Mr. none; Sandro Bartolini—none. Mr. Zapata, one of its reading clerks, MARTINEZ, Mr. JOHNSON, and Mr. LIEBERMAN): announced that the House has passed *Luis C. de Baca, of Virginia, to be Direc- the following concurrent resolutions, S. 970. A bill to promote and enhance the tor of the Office to Monitor and Combat operation of local building code enforcement in which it requests the concurrence of Trafficking, with rank of Ambassador at administration across the country by estab- the Senate: Large. lishing a competitive Federal matching H. Con. Res. 103. Concurrent resolution Nominee: Luis C. de Baca. grant program; to the Committee on Bank- Post: G/TIP. supporting the goals and ideals of Malaria ing, Housing, and Urban Affairs. The following is a list of all members of Awareness Day. By Mr. SCHUMER: my immediate family and their spouses. I H. Con. Res. 111. Concurrent resolution rec- S. 971. A bill to implement a pilot program have asked each of these persons to inform ognizing the 61st anniversary of the inde- to establish truck parking facilities; to the me of the pertinent contributions made by pendence of the State of Israel. Committee on Environment and Public them. To the best of my knowledge, the in- Works. f formation contained in this report is com- By Mr. GRASSLEY (for himself and plete and accurate. MEASURES REFERRED Mrs. HAGAN): Contributions, amount, date, and donee: S. 972. A bill to amend the Food, Conserva- The following concurrent resolution 1. Self: 10/08, Obama For America, $250, 5/30/ tion, and Energy Act of 2008 to provide fund- was read, and referred as indicated: 05, CHC-BOLD PAC, $250. ing for successful claimants following a de- 2. Spouse: 10/18/08, Anne Barth for Con- termination on the merits of Pigford claims H. Con. Res. 111. Concurrent resolution rec- gress, $250; 10/08, Obama for America, $250; 6/ ognizing the 61st anniversary of the inde- related to racial discrimination by the De- 12/07, Hillary Clinton for President, $250; 11/1/ partment of Agriculture; to the Committee pendence of the State of Israel; to the Com- 06, Leadership of Today and Tomorrow PAC, mittee on Foreign Relations. on Agriculture, Nutrition, and Forestry. $1,000; 3/31/06, Menendez for Senate, $2,000. By Mr. NELSON of Florida (for him- 3. Children and Spouses: None. f self, Mr. REID, and Mr. SCHUMER): 4. Parents: Mary de Baca, 8/13/08, Citizens ENROLLED BILL PRESENTED S. 973. A bill to amend title XVIII of the for Harkin, $250; 2008, Becky Greenwold for Social Security Act to provide for the dis- The Secretary of the Senate reported Congress, $150; 8/29/07, Citizens for Harkin, tribution of additional residency positions, that on today, May 5, 2009, she had pre- $200; 2006, Citizens for Harkin, $250; 2006, and for other purposes; to the Committee on sented to the President of the United Spencer for Congress, $100; 2005, Citizens for Finance. Harkin, $250; Robert C. de Baca, deceased. States the following enrolled bill: By Mr. MARTINEZ: 5. Grandparents: Luis C. de Baca, deceased; S. 974. A bill to amend title XIX of the So- S. 735. An act to ensure States receive Maria Antonia C. de Baca, deceased; Ephra- cial Security Act to require the Secretary of adoption incentive payments for fiscal year im Joseph Marchino, deceased; Dorothy Eliz- Health and Human Services to make certain 2008 in accordance with the Fostering Con- abeth Marchino, deceased. de-identified information collected under the nections to Success and Increasing Adop- 6. Sisters and Spouses: Monica de Baca, Medicaid Statistical Information System tions Act of 2008. 9/9/08, Obama for America, $100; Suzanna de publicly available on the Internet; to the f Baca, None; Ron Weatherman, None. Committee on Finance. By Mr. MARTINEZ (for himself, Mr. EXECUTIVE REPORTS OF Mr. KERRY. Mr. President, for the CORNYN, Ms. COLLINS, Mr. NELSON of COMMITTEES Committee on Foreign Relations I re- Florida, Mr. ALEXANDER, Mr. port favorably the following nomina- The following executive reports of GRAHAM, Mr. VITTER, Mr. DEMINT, tion lists which were printed in the and Mr. CORKER): nominations were submitted: RECORD on the dates indicated, and ask S. 975. A bill to amend title XVIII of the By Mr. BAUCUS for the Committee on Fi- unanimous consent, to save the ex- Social Security Act to reduce fraud under nance. pense of reprinting on the Executive the Medicare program; to the Committee on *Alan B. Krueger, of New Jersey, to be an Finance. Assistant Secretary of the Treasury. Calendar that these nominations lie at By Mr. GRASSLEY: *William V. Corr, of Virginia, to be Deputy the Secretary’s desk for the informa- S. 976. A bill to provide that certain provi- Secretary of Health and Human Services. tion of Senators. sions of subchapter I of chapter 35 of title 44,

VerDate Nov 24 2008 02:48 May 06, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.030 S05MYPT1 smartinez on PROD1PC64 with SENATE S5128 CONGRESSIONAL RECORD — SENATE May 5, 2009 United States Code, relating to Federal in- the 135th Kentucky Derby; considered and Secretary of Health and Human Serv- formation policy shall not apply to the col- agreed to. ices, in consultation with the Sec- lection of information during any investiga- By Mr. REID: retary of Education, to develop guide- tion, audit, inspection, evaluation, or other S. Res. 130. A resolution to constitute the lines to be used on a voluntary basis to review conducted by any Federal office of In- majority party’s membership on certain spector General, and for other purposes; to committees for the One Hundred Eleventh develop plans to manage the risk of the Committee on Homeland Security and Congress, or until their successors are cho- food allergy and anaphylaxis in schools Governmental Affairs. sen; considered and agreed to. and early childhood education pro- By Mrs. MURRAY: By Mr. MCCONNELL: grams, to establish school-based food S. 977. A bill to amend title 38, United S. Res. 131. A resolution making minority allergy management grants, and for States Code, to provide improved benefits for party appointments for certain committees other purposes. veterans who are former prisoners of war, for the 111th Congress; considered and agreed S. 526 and for other purposes; to the Committee on to. At the request of Mrs. MCCASKILL, Veterans’ Affairs. f By Mrs. LINCOLN (for herself and Mr. the name of the Senator from Florida HATCH): ADDITIONAL COSPONSORS (Mr. NELSON) was added as a cosponsor of S. 526, a bill to provide in personam S. 978. A bill to amend the Internal Rev- S. 46 enue Code of 1986 to increase the limitation jurisdiction in civil actions against At the request of Mr. ENSIGN, the on capital losses applicable to individuals; to contractors of the United States Gov- the Committee on Finance. name of the Senator from Rhode Island ernment performing contracts abroad By Mr. DURBIN (for himself, Ms. (Mr. REED) was added as a cosponsor of with respect to serious bodily injuries SNOWE, and Mrs. LINCOLN): S. 46, a bill to amend title XVIII of the of members of the Armed Forces, civil- S. 979. A bill to amend the Public Health Social Security Act to repeal the Medi- ian employees of the United States Service Act to establish a nationwide health care outpatient rehabilitation therapy Government, and United States citizen insurance purchasing pool for small busi- caps. nesses and the self-employed that would employees of companies performing S. 243 offer a choice of private health plans and work for the United States Govern- make health coverage more affordable, pre- At the request of Mr. CARDIN, the ment in connection with contractor ac- dictable, and accessible; to the Committee name of the Senator from California tivities, and for other purposes. on Finance. (Mrs. BOXER) was added as a cosponsor S. 535 By Ms. MURKOWSKI (for herself, Mr. of S. 243, a bill to amend the Internal At the request of Mr. NELSON of Flor- INOUYE, Mr. AKAKA, and Mr. BEGICH): Revenue Code of 1986 to allow the Sec- ida, the names of the Senator from S. 980. A bill to direct the Secretary of retary of the Treasury to establish the Vermont (Mr. SANDERS), the Senator Commerce to establish a demonstration pro- standard mileage rate for use of a pas- gram to adapt the lessons of providing for- from Montana (Mr. TESTER) and the eign aid to underdeveloped economies to the senger automobile for purposes of the Senator from Rhode Island (Mr. provision of Federal economic development charitable contributions deduction and WHITEHOUSE) were added as cosponsors assistance to certain similarly situated indi- to exclude charitable mileage reim- of S. 535, a bill to amend title 10, viduals, and for other purposes; to the Com- bursements for gross income. United States Code, to repeal require- mittee on Indian Affairs. S. 296 ment for reduction of survivor annu- By Mr. REID: At the request of Mr. CHAMBLISS, the ities under the Survivor Benefit Plan S. 981. A bill to support research and public by veterans’ dependency and indemnity awareness activities with respect to inflam- name of the Senator from North Caro- matory bowel disease, and for other pur- lina (Mr. BURR) was added as a cospon- compensation, and for other purposes. poses; to the Committee on Health, Edu- sor of S. 296, a bill to promote freedom, S. 597 cation, Labor, and Pensions. fairness, and economic opportunity by At the request of Mrs. MURRAY, the By Mr. REID (for Mr. KENNEDY (for repealing the income tax and other name of the Senator from New York himself, Mr. DODD, Ms. COLLINS, Mr. taxes, abolishing the Internal Revenue (Mr. SCHUMER) was added as a cospon- HARKIN, Ms. SNOWE, Mr. DURBIN, Mr. Service, and enacting a national sales sor of S. 597, a bill to amend title 38, LUGAR, Ms. MIKULSKI, Mr. REED, Mrs. tax to be administered primarily by United States Code, to expand and im- MURRAY, Mr. REID, Mr. BINGAMAN, the States. prove health care services available to Mr. SANDERS, Mr. BROWN, Mr. CASEY, women veterans, especially those serv- Mr. MERKLEY, Mr. WHITEHOUSE, Mr. S. 348 ing in operation Iraqi Freedom and Op- LEAHY, Mr. LAUTENBERG, Mr. KERRY, At the request of Mr. NELSON of Ne- eration Enduring Freedom, from the Mr. SCHUMER, Mr. LIEBERMAN, Mrs. braska, his name was added as a co- Department of Veterans Affairs, and FEINSTEIN, Mr. LEVIN, Mr. BAUCUS, sponsor of S. 348, a bill to amend sec- YDEN KAKA ELSON for other purposes. Mr. W , Mr. A , Mr. N tion 254 of the Communications Act of of Florida, Ms. LANDRIEU, Mr. CAR- S. 614 PER, Mrs. GILLIBRAND, Mr. BENNET, 1934 to provide that funds received as universal service contributions and the At the request of Mrs. HUTCHISON, the Mr. BEGICH, Mr. BURRIS, Mr. KAUF- names of the Senator from Pennsyl- MAN, Mr. UDALL of New Mexico, Mr. universal service support programs es- vania (Mr. SPECTER) and the Senator UDALL of Colorado, Mr. KOHL, Mr. tablished pursuant to that section are from Indiana (Mr. LUGAR) were added FEINGOLD, Ms. CANTWELL, and Mrs. not subject to certain provisions of as cosponsors of S. 614, a bill to award LINCOLN)): title 31, United States Code, commonly a Congressional Gold Medal to the S. 982. A bill to protect the public health known as the Antideficiency Act. by providing the Food and Drug Administra- Women Airforce Service Pilots At the request of Mr. GRASSLEY, his tion with certain authority to regulate to- (‘‘WASP’’). bacco products; to the Committee on Health, name was added as a cosponsor of S. 348, supra. S. 619 Education, Labor, and Pensions. At the request of Mr. REED, his name S. 454 f was added as a cosponsor of S. 619, a At the request of Mr. LEVIN, the bill to amend the Federal Food, Drug, SUBMISSION OF CONCURRENT AND names of the Senator from Iowa (Mr. and Cosmetic Act to preserve the effec- SENATE RESOLUTIONS HARKIN) and the Senator from West tiveness of medically important anti- The following concurrent resolutions Virginia (Mr. ROCKEFELLER) were added biotics used in the treatment of human and Senate resolutions were read, and as cosponsors of S. 454, a bill to im- and animal diseases. referred (or acted upon), as indicated: prove the organization and procedures S. 645 By Mr. MENENDEZ (for himself and of the Department of Defense for the At the request of Mrs. LINCOLN, the Mr. BINGAMAN): acquisition of major weapon systems, names of the Senator from Kentucky S. Res. 128. A resolution recognizing the and for other purposes. (Mr. BUNNING) and the Senator from historical significance of the Mexican holi- S. 456 North Carolina (Mrs. HAGAN) were day of Cinco de Mayo; considered and agreed At the request of Mr. DODD, the added as cosponsors of S. 645, a bill to to. By Ms. LANDRIEU (for herself, Mr. names of the Senator from Hawaii (Mr. amend title 32, United States Code, to VITTER, and Mr. MCCONNELL): INOUYE) and the Senator from Rhode modify the Department of Defense S. Res. 129. A resolution commending Lou- Island (Mr. REED) were added as co- share of expenses under the National isiana jockey Calvin Borel for his victory in sponsors of S. 456, a bill to direct the Guard Youth Challenge Program.

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S. 649 S. 816 S. 945 At the request of Mr. KERRY, the At the request of Mr. CRAPO, the At the request of Mr. FEINGOLD, the names of the Senator from Virginia names of the Senator from Georgia name of the Senator from Vermont (Mr. WARNER) and the Senator from (Mr. ISAKSON) and the Senator from (Mr. SANDERS) was added as a cospon- Texas (Mrs. HUTCHISON) were added as Wyoming (Mr. ENZI) were added as co- sor of S. 945, a bill to require the Sec- cosponsors of S. 649, a bill to require an sponsors of S. 816, a bill to preserve the retary of the Treasury to mint coins in inventory of radio spectrum bands rights granted under second amend- commemoration of Robert M. La managed by the National Tele- ment to the Constitution in national Follette, Sr., in recognition of his im- communications and Information Ad- parks and national wildlife refuge portant contributions to the Progres- ministration and the Federal Commu- areas. sive movement, the State of Wisconsin, nications Commission. S. 830 and the United States. At the request of Mr. WHITEHOUSE, S. 662 S. 954 At the request of Mr. CONRAD, the the name of the Senator from Vermont At the request of Mr. KERRY, the (Mr. SANDERS) was added as a cospon- name of the Senator from Ohio (Mr. name of the Senator from Delaware BROWN) was added as a cosponsor of S. sor of S. 830, a bill to modify the defini- (Mr. KAUFMAN) was added as a cospon- 662, a bill to amend title XVIII of the tion of children’s hospital for purposes of making payments to children’s hos- sor of S. 954, a bill to authorize United Social Security Act to provide for re- States participation in the replenish- imbursement of certified midwife serv- pitals that operate graduate medical education programs. ment of resources of the International ices and to provide for more equitable Development Association, and for S. 831 reimbursement rates for certified other purposes. nurse-midwife services. At the request of Mr. KERRY, the S. 955 S. 696 name of the Senator from Maine (Ms. At the request of Mr. CARDIN, the SNOWE) was added as a cosponsor of S. At the request of Mr. KERRY, the name of the Senator from New Jersey 831, a bill to amend title 10, United name of the Senator from Delaware (Mr. MENENDEZ) was added as a cospon- States Code, to include service after (Mr. KAUFMAN) was added as a cosponsor of S. 696, a bill to amend the Fed- September 11, 2001, as service quali- sor of S. 955, a bill to authorize United eral Water Pollution Control Act to in- fying for the determination of a re- States participation in, and appropria- clude a definition of fill material. duced eligibility age for receipt of non- tions for the United States contribu- regular service retired pay. tion to, the African Development Fund S. 701 S. 838 and the Multilateral Debt Relief Initia- At the request of Mr. KERRY, the name of the Senator from Rhode Island At the request of Mr. LUGAR, the tive, to require budgetary disclosures names of the Senator from Maryland by multilateral development banks, to (Mr. REED) was added as a cosponsor of S. 701, a bill to amend title XVIII of the (Mr. CARDIN) and the Senator from encourage multilateral development Massachusetts (Mr. KERRY) were added Social Security Act to improve access banks to endorse the principles of the as cosponsors of S. 838, a bill to provide of Medicare beneficiaries to intra- Extractive Industries Transparency for the appointment of United States venous immune globulins (IVIG). Initiative, and for other purposes. Science Envoys. S. 715 S. 964 S. 841 At the request of Mr. LEVIN, the At the request of Mr. FEINGOLD, the At the request of Mr. KERRY, the name of the Senator from Illinois (Mr. name of the Senator from Vermont name of the Senator from Indiana (Mr. BURRIS) was added as a cosponsor of S. (Mr. SANDERS) was added as a cospon- BAYH) was added as a cosponsor of S. sor of S. 964, a bill to authorize the 715, a bill to establish a pilot program 841, a bill to direct the Secretary of to provide for the preservation and re- President to posthumously award a Transportation to study and establish gold medal on behalf of Congress to habilitation of historic lighthouses. a motor vehicle safety standard that S. 717 Robert M. LaFollette, Sr., in recogni- provides for a means of alerting blind tion of his important contributions to At the request of Mr. REED, his name and other pedestrians of motor vehicle the Progressive movement, the State was added as a cosponsor of S. 717, a operation. of Wisconsin, and the United States. bill to modernize cancer research, in- S. 843 S. 968 crease access to preventative cancer At the request of Mr. LAUTENBERG, services, provide cancer treatment and the names of the Senator from Dela- At the request of Mr. REID, the name survivorship initiatives, and for other ware (Mr. CARPER) and the Senator of the Senator from Indiana (Mr. BAYH) purposes. from Maryland (Ms. MIKULSKI) were was added as a cosponsor of S. 968, a At the request of Mrs. GILLIBRAND, added as cosponsors of S. 843, a bill to bill to award competitive grants to eli- her name was added as a cosponsor of establish background check procedures gible partnerships to enable the part- S. 717, supra. for gun shows. nerships to implement innovative S. 718 S. 908 strategies at the secondary school level At the request of Mr. HARKIN, the At the request of Mr. BAYH, the to improve student achievement and name of the Senator from Connecticut names of the Senator from Illinois (Mr. prepare at-risk students for postsec- (Mr. DODD) was added as a cosponsor of BURRIS), the Senator from Illinois (Mr. ondary education and the workforce. S. 718, a bill to amend the Legal Serv- DURBIN), the Senator from Kansas (Mr. S. RES. 49 ices Corporation Act to meet special ROBERTS), the Senator from Alaska At the request of Mr. LUGAR, the needs of eligible clients, provide for (Mr. BEGICH) and the Senator from names of the Senator from Maryland technology grants, improve corporate Pennsylvania (Mr. CASEY) were added (Mr. CARDIN) and the Senator from New practices of the Legal Services Cor- as cosponsors of S. 908, a bill to amend Hampshire (Mrs. SHAHEEN) were added poration, and for other purposes. the Iran Sanctions Act of 1996 to en- as cosponsors of S. Res. 49, a resolution S. 738 hance United States diplomatic efforts to express the sense of the Senate re- At the request of Ms. LANDRIEU, the with respect to Iran by expanding eco- garding the importance of public diplo- name of the Senator from Nebraska nomic sanctions against Iran. macy. (Mr. NELSON) was added as a cosponsor S. 909 S. RES. 121 of S. 738, a bill to amend the Consumer At the request of Mr. BURRIS, his Credit Protection Act to assure mean- name was added as a cosponsor of S. At the request of Mrs. FEINSTEIN, the ingful disclosures of the terms of rent- 909, a bill to provide Federal assistance name of the Senator from Oregon (Mr. al-purchase agreements, including dis- to States, local jurisdictions, and In- WYDEN) was added as a cosponsor of S. closures of all costs to consumers dian tribes to prosecute hate crimes, Res. 121, a resolution designating May under such agreements, to provide cer- and for other purposes. 15, 2009, as ‘‘Endangered Species Day’’. tain substantive rights to consumers At the request of Mr. SANDERS, his S. RES. 125 under such agreements, and for other name was added as a cosponsor of S. At the request of Mr. LAUTENBERG, purposes. 909, supra. the name of the Senator from Delaware

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.068 S05MYPT1 smartinez on PROD1PC64 with SENATE S5130 CONGRESSIONAL RECORD — SENATE May 5, 2009 (Mr. KAUFMAN) was added as a cospon- more women will rely on individual in- specified that employers with more sor of S. Res. 125, a resolution in sup- surance market for coverage in the fu- than 15 employees must cover preg- port and recognition of National Train ture. nancy on the same basis as other med- Day, May 9, 2009. This market is too often a problem ical conditions. Once again, similar AMENDMENT NO. 1021 for women for a number of reasons. protections do not exist in the indi- At the request of Mr. GRASSLEY, the First, women are often charged more vidual insurance market. names of the Senator from Alabama than men for insurance in the indi- The National Women’s Law Center (Mr. SHELBY), the Senator from North vidual market. Gender rating is a com- recently analyzed over 3,500 individual Dakota (Mr. DORGAN) and the Senator mon insurance practice under which insurance market policies and found from Montana (Mr. BAUCUS) were added most women are charged higher pre- that just 12 percent included com- as cosponsors of amendment No. 1021 miums than men for identical cov- prehensive maternity coverage and an- proposed to S. 896, a bill to prevent erage. Federal civil rights law prevents other 9 percent provided coverage for mortgage foreclosures and enhance employers with more than 15 employ- maternity care that is not comprehen- mortgage credit availability. ees from charging different premiums sive. They also found that a limited AMENDMENT NO. 1036 based on gender and other factors. This number of insurers sell separate mater- protection is not extended to policies nity coverage for an additional fee At the request of Mr. KERRY, the name of the Senator from Oregon (Mr. sold in the individual insurance mar- known as a ‘‘rider’’, but this supple- ket. mental coverage is often expensive and MERKLEY) was added as a cosponsor of According to a recent report entitled amendment No. 1036 proposed to S. 896, limited in scope. ‘‘Nowhere to Turn: How the Individual Currently, 5 States, including Massa- a bill to prevent mortgage foreclosures Health Insurance Market Fails chusetts, have enacted laws requiring and enhance mortgage credit avail- Women’’ by the National Women’s Law insurers to include coverage for mater- ability. Center, a 25 year old woman can pay up nity services in all individual health AMENDMENT NO. 1038 to 45 percent more than a 25 year old insurance policies sold in their state. At the request of Mrs. BOXER, the man for the same coverage. A 40 year Every woman should have access to names of the Senator from Oregon (Mr. old woman can pay up to 48 percent these services. MERKLEY) and the Senator from Oregon more than a 40 year old man for the That is why I am introducing the (Mr. WYDEN) were added as cosponsors same coverage. A 55 year old woman Women’s Health Insurance Fairness of amendment No. 1038 proposed to S. can pay up to 37 percent more than a 55 Act of 2009, to end the discrimination 896, a bill to prevent mortgage fore- year old man for the same coverage. against women who seek to purchase closures and enhance mortgage credit Today, only 10 states prohibit and 2 an insurance policy on the individual availability. States limit gender rating in the indi- market. It has three basic parts. AMENDMENT NO. 1040 vidual market. I am pleased that Mas- First, the bill prevents insurers in At the request of Mr. REED, the name sachusetts is one of the 10 States that the individual market from charging of the Senator from Maine (Ms. COL- prohibit insurers from charging dif- women higher premiums than men. LINS) was added as a cosponsor of ferent premiums based on gender. But, Gender rating is insurance discrimina- amendment No. 1040 proposed to S. 896, we should-make sure that this prohibition based on sex and should not be tol- a bill to prevent mortgage foreclosures tion is extended to every state in the erated. Over 40 years ago, the insur- and enhance mortgage credit avail- nation. ance industry voluntarily abandoned ability. A second problem facing women on its practice of using race as a rating f the individual market is that insurers factor and now it is time to end rating may delay, deny, or limit coverage to discrimination against women. Gender STATEMENTS ON INTRODUCED women due to pregnancy or delivery rating hurts women’s health by inflat- BILLS AND JOINT RESOLUTIONS method. Over 30 years ago with the ing premiums and creating substantial By Mr. KERRY: passage of the Pregnancy Discrimina- financial barriers for women seeking to S. 969. A bill to amend the Public tion Act of 1978, Federal civil rights obtain health care coverage. Health Service Act to ensure fairness law established as sex discrimination Second, the bill prevents insurers in in the coverage of women in the indi- denial of coverage for pregnancy, child- the individual market from denying or vidual health insurance market; to the birth and related conditions in em- limiting coverage based on a current or Committee on Health, Education, ployer-based insurance policies. Unfor- past pregnancy or a past or future Labor, and Pensions. tunately, this protection is not ex- method of delivery. No longer will in- Mr. KERRY. Mr. President, there tended to policies sold in the individual surance companies be able to deny cov- continues to be discrimination against insurance market. erage to women simply by treating a women in the individual insurance Individual market insurers can deny pregnancy like a pre-existing condi- market. As you know, the individual coverage to women based on a ‘‘pre-ex- tion. Similarly, they will not be able to insurance market is often the last re- isting condition’’. If the insurer dis- impose waiting periods relating to a sort for health coverage for individuals covers that a woman applying for cov- pregnancy. They will no longer be able who do not have access to an employer- erage had a Cesarean section in the to impose higher premiums or sponsored plan or who earn too much past, they can: charge a higher pre- deductibles on women with prior to qualify for Medicaid. mium; impose a waiting period during Cesareans. To assist these women, I am today which it refuses to cover another C-sec- Finally, the bill will require all in- introducing the Women’s Health Insur- tion or pregnancy; or deny coverage surance policies offered on the indi- ance Fairness Act of 2009, a bill that unless the woman has been sterilized or vidual market to provide comprehen- would end the discrimination against is no longer of childbearing age. sive maternity coverage for the full women who seek to purchase an insur- Currently, there are only 5 States scope of maternity services from pre- ance policy on the individual market. which prohibit insurance carriers from conception through postpartum. There According to the Kaiser Family refusing to sell individual health insur- is a huge cost to our society by deny- Foundation, of the 94.7 million women ance coverage to applicants who have ing maternity coverage. In 2005, the between the ages of 18 and 64 in 2007, 64 health conditions or problems. Massa- costs associated with preterm birth, percent had insurance through an em- chusetts is one of the five states which one of the most expensive pregnancy ployer, 18 percent were uninsured, 13 require insurers to accept applicants complications linked to lack of pre- percent were enrolled in Medicaid or regardless of health status. Again, this natal care, totaled over $26.2 billion. another type of public insurance, and 6 prohibition should be extended to every Yet, for every $1 spent on preconcep- percent were in the individual market. state in the nation. tion care saved anywhere from $1.60 to In other words, about 5.7 million Amer- A third problem facing women is that $5.19 in maternal care costs. ican women in 2007 received health in- the vast majority of policies do not If women do not have the necessary surance on the individual market. With provide coverage for maternity care. maternity coverage, they will be ex- rising unemployment, it is likely that The 1978 Pregnancy Discrimination Act posed to substantial out of pocket

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.070 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5131 costs. Too many women are unable to Agriculture Committee for addressing Justice was treating the $100 million pay these costs. The average U.S. hos- a new cause of action in Federal court included in the farm bill as a cap, but pital cost for an uncomplicated vaginal for those African-American farmers Congress simply viewed it as a down delivery ranges from $7,500 to $15,000 who may have been discriminated payment to rectify the damage done. and from $11,000 to $19,000 for a cae- against and who were denied entry in The farm bill we passed last year sarean delivery. I believe comprehen- the Pigford v. Glickman Consent De- does one thing right. It focuses a con- sive maternity coverage will save cree. The Food, Conservation, and En- siderable amount of resources on new money and improve maternal and child ergy Act of 2008 including a provision and beginning farmers and ranchers. health outcomes. Those currently entitled Determination on Merits of Well, many of the Pigford claimants without coverage often turn to our Pigford Claims. were in that same boat 20 years ago. It public safety net for assistance. Today, For those who do not know, the Con- is time to rectify that. forty percent of all pregnancies are sent Decree was a settlement that re- The farm bill has simply opened up covered by Medicaid. We need to do ev- sulted from a class action lawsuit initi- the door so that claims can be heard. If erything possible to increase health ated by a class of African-American a person brings a claim and can not outcomes for our children. farmers who had for decades been dis- meet the burden of proof, then no The bill would provide the Secretary criminated against by the U.S. Depart- award will be given. However, we know of Health and Human Services with the ment of Agriculture in the administra- USDA has admitted that the discrimination occurred, and now we are obli- authority to monitor compliance with tion of its FSA loan program. The dis- gated to do our best in getting those the requirements of this act. It gives criminatory treatment was well-docu- that deserve it, some relief. That is the Secretary the ability to assess mented by both the USDA’s own In- why I am introducing this legislation fines of at least $10,000 against any spector General and an internal task with Senator HAGAN and I urge my col- health insurance company that fails to force appointed by then USDA Sec- leagues to support the bill. It is time to retary Glickman. submit the required data. Additionally, make these claimants right and move We had some unanticipated con- the bill directs the Government Ac- forward into a new era of civil rights at sequences in the Consent Decree’s im- countability Office to issue a report by the Department of Agriculture. December 31, 2010 about problems any plementation. There was denial of ap- Mr. President, I ask unanimous con- remaining for women on the individual proximately 77,000 African-American sent that the text of the bill be printed farmers into the Decree even though insurance market in all 50 States. in the RECORD. I would like to thank a number of or- these farmers filed petitions by the There being no objection, the text of ganizations who have already endorsed late-claim deadline. More than half of the bill was ordered to be printed in the legislation including the American these late-claim petitioners didn’t even the RECORD, as follows: College of Obstetricians and Gyne- know about the Consent Decree. The S. 972 cologists, Children’s Defense Fund, Court said the lack of notice was not a Be it enacted by the Senate and House of Rep- Consumers Union, Families USA, the sufficient reason to allow them into resentatives of the United States of America in National Partnership for Women & the Consent Decree. Thus, these indi- Congress assembled, Families, and OWL—The Voice of Mid- viduals were denied entry and their dis- SECTION 1. FUNDING FOR PIGFORD CLAIMS. life and Older Women. crimination complaints went unre- Section 14012 of the Food, Conservation, During the Senate’s consideration of solved. This was not a fair outcome for and Energy Act of 2008 (122 Stat. 2209; Public comprehensive health care reform, I farmers or those attempting to farm at Law 110–246) is amended— will work with Senate Finance Com- that time. (1) by striking subsection (c) and inserting the following: mittee Chairman BAUCUS, Ranking The farm bill did the right thing by ‘‘(c) CRIMINAL PENALTIES.— Member GRASSLEY to make sure that allowing late filers to have their ‘‘(1) IN GENERAL.—It shall be unlawful for discriminatory insurance practices claims heard and judged on the merits. any person to— against women are ended. I will also These farmers deserve justice and at ‘‘(A) knowingly execute, or attempt to exe- work with my Massachusetts col- least the opportunity to have their cute, a scheme or artifice to defraud, or ob- league, Senate Committee on Health, claims heard. tain money or property from any person by Education, Labor and Pensions Chair- Unfortunately, it has been very dif- means of false or fraudulent pretenses, rep- resentations, or promises, relating to the eli- man TED KENNEDY to make sure this ficult to determine how many of the 77,000 actually have valid claims. Lots gibility or ability of a person to— legislation is enacted into law. As in ‘‘(i) file a civil action relating to a Pigford other areas of health reform, Massa- of different folks have lots of different claim; chusetts is already leading the way in calculations. Either way, it’s likely to ‘‘(ii) submit a late-filing request under sec- preventing insurers from engaging in be expensive. Because of the budget tion 5(g) of the consent decree; practices that harm women. I believe constraints, the Farm Bill only could ‘‘(iii) obtain a determination on the merits the rest of the country should benefit put $100 million towards the endeavor. of a Pigford claim; or from our experience. I think we can and must do better ‘‘(iv) recover damages or other relief relating to a Pigford claim; and I find it especially appropriate to in- than that. That is why today I am introducing bipartisan legislation with ‘‘(B) for the purpose of executing the troduce this legislation as we approach scheme or artifice or attempting so to do, or Mother’s Day on Sunday, May 10th and Senator HAGAN of North Carolina. This obtaining the money or property— National Women’s Health Week on May bill will make 3 changes to the farm ‘‘(i) place or deposit, or cause to be placed 10th-16th. I can think of no better gift bill. First it will allow the claimants to or deposited, any matter or thing to be sent to our mothers, daughters, and sisters access the $100 million already appro- or delivered by the Postal Service or any pri- than the gift of affordable and acces- priated in the farm bill, but once that vate or commercial interstate carrier; sible insurance that meets their health is expended gain access to the Depart- ‘‘(ii) take or receive any matter or thing sent or delivered by the Postal Service or needs. ment of Treasury permanent appropriated judgment fund. Second, it will any private or commercial interstate carrier; By Mr. GRASSLEY (for himself allow reasonable attorney fees, admin- ‘‘(iii) knowingly cause to be delivered by and Mrs. HAGAN): istrative costs, and expenses to be paid the Postal Service or any private or commer- S. 972. A bill to amend the Food, Con- from the judgment fund in accordance cial interstate carrier any matter or thing servation, and Energy Act of 2008 to with the 1999 consent decree. Finally, according to the direction on the matter or provide funding for successful claim- it includes a section making fraud re- thing, or at the place at which the matter or ants following a determination on the lated to claims a criminal offense with thing is directed to be delivered by the per- merits of Pigford claims related to ra- punishment of a fine or up to 5 years in son to whom it is addressed; or cial discrimination by the Department prison or both. ‘‘(iv) transmit, or cause to be transmitted, of Agriculture, to the Committee on The claimants, who were able to any writings, signs, signals, pictures, or sounds by means of wire, radio, or television Agriculture, Nutrition, and Forestry. timely file, were allowed access to the communication in interstate or foreign com- Mr. GRASSLEY. Mr. President, I judgment fund and so it makes sense merce. want to first start off by thanking the that we treat these new claimants the ‘‘(2) PENALTY.—Any person who violates Senate and in particular the Senate exact same way. The Department of paragraph (1) shall be fined under title 18,

VerDate Nov 24 2008 02:48 May 06, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.071 S05MYPT1 smartinez on PROD1PC64 with SENATE S5132 CONGRESSIONAL RECORD — SENATE May 5, 2009 United States Code, imprisoned for not more Over the years, I have seen a number necessary roadblock that was erected than 5 years, or both.’’; and of Inspectors General come and go. It is at a time when American Taxpayers (2) in subsection (i), by striking paragraph a tough job to be an Inspector General. were asking everyone ‘‘where did the (2) and inserting the following: You can not go along to get along. You money go.’’ This type of procedural ‘‘(2) PERMANENT JUDGMENT APPROPRIA- must buck the system, dig deep into hurdle to an audit and investigation by TION.— ‘‘(A) IN GENERAL.—After the expenditure of the books of the agency, find where the the SIGTARP is unacceptable. Can you all funds made available under paragraph (1), secrets are hidden, and then report the imagine what the very corporations any additional payments or debt relief in truth to Congress, the President, and that took taxpayer money would write satisfaction of claims against the United the American people. Unfortunately, during the comment period? It is my States under subsection (b) and for any ac- Inspectors General must do all this view that corporations that took Gov- tions under subsection (f) or (g) shall be paid with the agencies that often fight their ernment money should be subjected to from amounts appropriated under section every move. These entrenched bureauc- oversight by Inspectors General and 1304 of title 31, United States Code. racies have an interest in not seeing they should not have a say in drafting ‘‘(B) AUTHORIZATION OF CERTAIN EX- Inspectors General succeed—they do or amending a letter from the Inspec- PENSES.—Reasonable attorney’s fees, administrative costs, and expenses described in not want egg on their face. That is why tor General that they must respond to. section 14(a) of the consent decree and re- we in Congress must make sure they This is exactly what OMB was asking lated to adjudicating the merits of claims have all the tools they need to get the of the SIGTARP. brought under subsection (b), (f), or (g) shall job done and ensure that there is ac- I am glad to report that later that be paid from amounts appropriated under countability for the billions in tax- same week SIGTARP Barofsky was section 1304 of title 31, United States Code. payer dollars that are spent annually given approval from OMB to send the ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—In on the operation of the Executive letter requests to the TARP recipients addition to any other funds made available without delay. However, around the under this subsection, there are authorized Branch. to be appropriated such sums as are nec- One growing area of concern I have same time that the letters were ap- essary to carry out this section.’’. seen over the years is procedural road- proved and sent, the Department of blocks being placed before Inspectors Treasury posted a comment request in By Mr. GRASSLEY: General to limit or prohibit their abil- the Federal Register about the S. 976. A bill to provide that certain ity to do their job of protecting tax- SIGTARP request. Those responses provisions of subchapter I of chapter 35 payer dollars. One recent example re- were due to Treasury by April 13, 2009. of title 44, United States Code, relating lates to the Special Inspector General While SIGTARP Barofsky was ulti- to Federal information policy shall not for the Troubled Asset Relief Program mately able to send his request, this apply to the collection of information SIGTARP, Neil Barofsky. Inspector uncertainty about the application of during any investigation, audit, inspec- General Barofsky notified me on Janu- the PRA to audits, evaluations, inspection, evaluation, or other review con- ary 22, 2009, that he intended to begin tions, or investigations by Inspectors ducted by any Federal office of Inspec- an oversight initiative that would have General remains a significant question. tor General, and for other purposes; to improved the transparency of the Trou- This whole saga was a wakeup call for the Committee on Homeland Security bled Asset Relief Program, TARP. In- many Inspectors General. As a result, and Governmental Affairs. spector General Barofsky’s plan was to many Inspectors General have reached Mr. GRASSLEY. Mr. President, the collect data from TARP recipients ask- out to my office about this issue and Federal Inspectors General are the ing them for a response outlining the the dangers the PRA could pose to frontline of protection for taxpayer use of TARP funds, copies of support their audits and investigations. dollars, ensuring that Federal agencies documents, a description of plans to That is why I am here today to intro- spend taxpayer dollars in an effective, comply with executive compensation duce legislation that will clarify the efficient, economical manner that is in restrictions, and certification by a sen- impact the PRA has on official audits, accordance with all applicable law. The ior executive officer of the accuracy of evaluations, inspections, and investiga- Inspectors General root out fraud, the statements they make. This sound- tions conducted by Inspectors General. waste, and abuse in Government pro- ed like a legitimate plan from the In- This legislation is narrowly tailored to grams by auditing, evaluating, and inspector General tasked by Congress ensure that Inspectors General are not vestigating how Federal agencies spend with ensuring that the $700 billion subject to bureaucratic hurdles erected taxpayer dollars and how Government handed out by the TARP program by OMB, which could be used to limit programs utilize funds. The Inspectors wasn’t lost to fraud or abuse. However, the independence and authority of In- General occupy a unique position with- it was shortly after this letter that Mr. spectors General, and most impor- in our government. Created by the In- Barofsky ran into procedural hurdles tantly information that we can garner spector General Act of 1978 and by var- erected by the Office of Management through their work. ious subsequent statutes, the Inspec- and Budget, OMB. Specifically, the PRA currently tors General at Executive Branch agen- On January 30, 2009, I asked the In- states that agencies must receive ap- cies also report directly to the Legisla- spector General for an update on his proval for each collection request be- tive Branch. They were created to keep initiative when he informed me that fore it is implemented. Failure to get tabs on the government bureaucracy to OMB had advised the SIGTARP that he this approval provides the recipient of make sure that agencies follow the could not initiate his effort due to the the request the protection to not com- spirit and intent of the laws while pro- restrictions in the Paperwork Reduc- ply with the request without penalty. tecting taxpayer dollars. tion Act of 1980, PRA. As a result, The current PRA does not apply to I have been an outspoken advocate SIGTARP requested ‘‘emergency proc- criminal investigations, administrative for Inspectors General during my time essing’’ by OMB to consider the impact actions, or investigations involving an in the Senate and I was proud to be a of its letter to TARP recipients. It is agency against a specific individual or cosponsor of the Inspector General Re- my understanding that OMB initially entities. However, it does apply to form Act of 2008, which was signed into responded favorably finding that ‘‘general’’ investigations. The PRA is law by President Bush last year. That SIGTARP would not be limited by the also silent as to whether it was in- legislation ensures that Inspectors PRA. However, OMB reversed course tended to apply to Inspectors General General are truly independent of the and withdrew the emergency approval and defines agency as any ‘‘executive Federal agencies they oversee. The right after it was granted. department, military department, Gov- independence of Inspectors General is a OMB then informed SIGTARP that ernment corporation, Government con- critical requirement to their ability to the PRA required he post his proposed trolled corporation, or other establish- get the job done. If Inspectors General letter online for TARP recipients to re- ment in the executive branch of the lack independence from the agency view for 15 days, wait for comments Government including the Executive they oversee, the quality of their work from the recipients, and then require Office of the President, or any inde- is impacted negatively and their rep- that the SIGTARP justify to OMB that pendent regulatory agency. The PRA utation as independent watchdogs is it has taken into account all the public does expressly exclude the Government tarnished. comments. This was a significant, un- Accountability Office and the Federal

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.048 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5133 Election Commission, but not the In- (2) by redesignating paragraph (2) as para- This is the year to enact reforms to spectors General. graph (3); and reduce healthcare costs, expand cov- The PRA was passed with the noble (3) by inserting after paragraph (1) the fol- erage, and improve the quality of the goal of reducing the impact Federal lowing: healthcare we receive. ‘‘(2) Notwithstanding paragraph (3), this Government regulatory agencies have subchapter shall not apply to the collection It is not easy for small businesses on small businesses and other private of information during the conduct of any in- and the self-employed to afford health individuals. However, over the years vestigation, audit, inspection, evaluation, or insurance. Without the benefits of the investigative and audit roles of the other review conducted by— large group purchasing, double-digit Inspectors General have expanded to ‘‘(A) any Federal office of Inspector Gen- rate increases are not uncommon. ensure that taxpayer dollars are not eral, including— The recession has made it worse. The lost to fraud, waste, or abuse. As a re- ‘‘(i) any office of Inspector General of any Main Street Alliance recently polled sult, the important work of the Inspec- establishment, Federal entity, or designated nearly 500 small businesses in a dozen Federal entity as those terms are defined states and found that 35 percent have tors General may run directly into the under sections 12(2), 8G(a)(1), and 8G(a)(2) of PRA resulting in a slower process for the Inspector General Act of 1978 (5 U.S.C. reduced coverage and 12 percent have audits, evaluations, and investigations, App.), respectively; or dropped it altogether in the past 2 as well as potentially tipping off those ‘‘(ii) any office of Special Inspector Gen- years. being investigated by the Inspectors eral established by statute; More than 50 percent of the unin- General and providing them time to, ‘‘(B) the Council of the Inspectors General sured in America are in households led for example cover-up potential wrong on Integrity and Efficiency established under by someone who is either self-employed doing. section 11 of the Inspector General Act of or works for a business with fewer than The legislation I’m introducing today 1978 (5 U.S.C. App.); or 100 employees. ‘‘(C) the Recovery Accountability and is designed to protect the PRA as well Transparency Board established under sec- Workers in the smallest businesses as the Inspectors General by trying to tion 1521 of division A of the American Re- are almost three times likely to be un- head off a potential conflict among the covery and Reinvestment Act of 2009 (Public insured as those who work for the larg- two statutes before it has to be decided Law 111–5; 123 Stat. 289).’’. est businesses. That is not because by the courts. It simply states that the small businesses don’t want to offer PRA shall not apply to the collection By Mr. DURBIN (for himself, Ms. health insurance; it is because insur- of information ‘‘during the conduct of SNOWE, and Mrs. LINCOLN): ance is more expensive for them than any investigation, audit, inspection, S. 979. A bill to amend the Public for large companies. evaluation, or other review conducted Health Service Act to establish a na- Administrative costs for health in- by’’ any Federal office of Inspector tionwide health insurance purchasing surance are higher for small businesses General. It further defines the defini- pool for small businesses and the self- than larger businesses. About 20–25 per- tion of Inspector General to include: employed that would offer a choice of cent of a small business’s premium statutory Inspectors General, Federal private health plans and make health goes to administrative expenses, com- entity Inspectors General, and any coverage more affordable, predictable, pared to about 10 percent for large em- Special Inspector General. This defini- and accessible; to the Committee on ployers. Finance. tion also includes the Council of the In- Small businesses are less able than Mr. DURBIN. Mr. President, I rise spectors General on Integrity and Effi- large employers to spread the risk that today to introduce legislation with ciency, CIGIE, created by the Inspector someone will get sick. Even a single Senators SNOWE and LINCOLN to make General Reform Act, and the Recovery, employee with a serious medical condi- healthcare more affordable and acces- tion can cause a dramatic increase in a Accountability, and Transparency sible for our nation’s small businesses Board created by the stimulus bill small business’s health insurance pre- and self-employed individuals. This bi- mium. signed into law earlier this year. These partisan legislation is known as the two entities have some audit and eval- Small businesses are also more likely Small Business Health Options Pro- to have lower wages and narrower prof- uation roles provided to them and gram Act, or the SHOP Act, and I am should also not face procedural hurdles it margins than large businesses, mak- working with the Finance and HELP ing it more difficult for these employ- under the PRA when they are over- Committees to incorporate it into the ers and employees to cover the cost of seeing the various Inspectors General broader healthcare reform bill the Sen- or Recovery programs. health coverage. ate is developing. Small business owners like Doug All in all, this is a simple piece of Health reform is a priority of the Mayol of Springfield, IL, and David legislation that I encourage all my col- American people and a central element Borris, of Northbrook, IL, know all too leagues to support. It picks up on the of this Congress’s agenda. While more great work of the Inspector General must be done, we have taken some well the difficulty of maintaining Reform Act to ensure that Inspectors small but important steps already. health insurance in this struggling General are independent and free from We expanded the CHIP program to economy. any undue influence—procedural or provide healthcare to an additional 4 Since 1988, Doug Mayol has owned substantive—when conducting audits, million children who are uninsured and operated a small business in down- evaluations, inspections, or audits on today. town Springfield that sells cards, gifts, behalf of the American people. I hope We provided assistance to laid-off and other knick-knacks. He has found this legislation will receive expedited workers to help them pay for health in- that his profits are at the mercy of the consideration and swift passage. surance under the COBRA continuation rising costs of healthcare. He is fortu- Mr. President, I ask unanimous con- program, so that families receiving an nate that his only employee is over 65 sent that the text of the bill be printed average monthly unemployment check and qualifies for Medicare and also rein the RECORD. of $1,300 aren’t expected to pay $1,100 in ceives spousal benefits from her late There being no objection, the text of insurance premiums. husband. If this were not the case, the bill was ordered to be printed in We included in the Recovery Act $87 Doug does not think he would be able the RECORD, as follows: billion for the Medicaid program over to provide her with coverage. S. 976 the next 2 years. In terms of his own insurance, Doug Be it enacted by the Senate and House of Rep- We provided $2 billion for community has a preexisting condition and fears resentatives of the United States of America in health centers, which serve more than the real possibility of becoming unin- Congress assembled, 18 million patients. sured. Almost 30 years ago, Doug was SECTION 1. INVESTIGATIONS, AUDITS, INSPEC- But we have more to do. Overall, 46 diagnosed with a congenital heart TIONS, EVALUATIONS, AND REVIEWS million Americans are uninsured. At valve defect. He has no symptoms, but CONDUCTED BY INSPECTORS GEN- the beginning of this decade, fewer without regular healthcare he is at ERAL. Section 3518(c) of title 44, United States than 40 million people were uninsured. risk of developing serious problems. Code, is amended— Over the same period, health insurance Like most Americans, his healthcare (1) in paragraph (1), by striking ‘‘paragraph premiums have risen 4 times faster premiums have risen over the years, (2)’’ and inserting ‘‘paragraph (3)’’; than wages. but recently the increases have been

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.059 S05MYPT1 smartinez on PROD1PC64 with SENATE S5134 CONGRESSIONAL RECORD — SENATE May 5, 2009 dramatic. In 2001, he paid $200 a month. He knows that one employee’s wife them. Where rating rules permit it, By 2005, he was paying $400 a month. has a kidney problem and another em- each worker would be able to enroll in The next year, after he turned 50, his ployee’s son receives an expensive the health plan in SHOP that best rate shot up to $750 a month. treatment for a health condition. Try- meets his or her needs. Trying to work within the system, he ing to maintain health coverage for his The bill we have introduced reflects chose a smaller network of providers loyal workers has become a major com- our commitment to find reasonable and a higher deductible to bring his plication as he tries to grow his busi- compromises and address the chal- premium back down to $650. Unfortu- ness. lenges faced by small employers and nately, last year it jumped to $1037 a Both Doug and David are living the the self-employed. This bipartisan leg- month. Only by taking the highest de- American dream as small business islation has the support of a range of ductible allowed, $2500, was he able to owners. Providing health insurance for business, labor, and consumer groups. bring it down to $888. And these rates their employees should not destroy We have worked closely with the Na- will continue to rise. that dream. tional Federation of Independent Busi- Ironically, Doug is not even a costly As Congress works to reform the ness, the National Association of Real- patient. With his high deductible, his healthcare system, we need to keep in tors, and SEIU in the development of insurance rarely kicks in, as he has mind the struggle of small business the bill, and we also have the support never made a claim for illness or injury owners like Doug and David. Small of Families USA, the National Res- and has received only routine primary businesses are the backbone of the taurant Association, and the Partner- care. Yet more affordable insurance American economy. They need to be ship for Women and Families. carriers reject him due to his pre- able to count on health insurance pre- We have received valuable input from existing condition. miums that are reasonable and predict- the National Association of Insurance Meanwhile, Doug avoids seeing a car- able. They need something better than Commissioners and have taken the diologist, even though periodic visits our current system offers. hard steps they have recommended to would be a good idea, because he fears That is why I am reintroducing the address rating issues and ensure that it would add another red flag to his al- SHOP Act with Senators SNOWE and the approach is viable over the long ready imperfect health record. haul. LINCOLN. Our legislation offers new What kind of healthcare system is it Although each group that supports hope for entrepreneurs who struggle to that causes even those with coverage SHOP has its own priorities for broader afford health insurance. It will make to avoid care? Americans need the health reform, this diverse coalition of health insurance more accessible and peace-of-mind that comes with know- stakeholders from across the political more affordable for small businesses ing that health insurance companies spectrum came together to address the and the self-employed. will not be able to reject you, or keep needs of small businesses as one impor- Our bill has three core elements: pur- raising your rates, because you have a tant component of reform. chasing pools for small businesses and preexisting condition. Everyone understands that this bill David Borris faces another dilemma. the self-employed; health insurance is not comprehensive health reform, David is the owner of Hel’s Kitchen Ca- rating reforms; and tax credits. and none of us would stop with SHOP. tering, an off-premise catering com- Our bill would create incentives for However, the renewed focus on broader pany located along suburban Chicago’s States to establish purchasing pools reform has given us an opportunity to north shore in Northbrook, IL. Over 2 and would create a national pool that offer SHOP as a carefully-crafted com- decades ago, David and his wife opened we call SHOP, the Small Business ponent of broader reform that address- their business in a 900 square foot Health Options Program, for small es the specific needs of the small busi- storefront with a handful of recipes businesses with up to 100 employees ness community. We believe our ap- from his mother and his wife. Both and for the self-employed. proach is consistent with the broader David and his wife left good-paying Purchasing pools will lower adminis- conversation and can help the greater jobs in the hospitality industry to take trative costs, give employers and em- reform effort move forward on a bipar- their shot at the American dream of ployees more private health insurance tisan basis, and we look forward to in- owning their own business. plans to choose from, and enhance cluding the features of SHOP in the David now employs 25 full-time em- competition by making it easier to broader bill. ployees and has offered health insur- compare plans. In a town hall meeting in March this ance to them since 1992. At first, David Our bill would prohibit insurers from year, the President spoke to a crowd offered to contribute 50 percent of the setting premiums based on health sta- about the new mindset of this Adminis- premium in an employee’s first year tus in both the national SHOP pool and tration. He talked about ‘‘under- and 100 percent thereafter. The com- in States’ small group markets, and standing that we’re all in this together pany had 8 full-time employees and would gradually reduce other sources and that if the middle class is working David felt a moral obligation to offer of premium variation. These rating well, if working people are doing well, insurance to the people who were help- changes will make premiums more sta- then everybody does well.’’ ing to grow his business. ble from year to year and make cov- This bill is consistent with that Around 2002, the company started to erage more affordable for those who thinking. Its seemingly disparate sup- see staggering premium increases. In need it most. porters may disagree on many things, 2004, the premium jumped 21 percent. To lower the cost of providing health but they have worked together to de- In 2005, it increased by 10 percent. In coverage, our bill would provide a tax velop this legislation because they 2006, the increase was 16 percent. In credit to small businesses with up to 50 agree on a greater principle: that our 2007, he was quoted a 26 percent rate workers who pay at least 60 percent of current system is hurting everyone— hike, and only a change of carriers al- their employees’ premiums. families, businesses, and our economy. lowed him to hold the increase to 17 The size of the tax credit would be We must keep working together on a percent. In total, his premiums have targeted to the size of the business. A bipartisan basis to try to enact legisla- doubled since 2002, forcing him to ask full tax credit of $1,000 for self-only tion that will give all Americans access longtime employees to contribute to- coverage and $2,000 for family coverage to affordable health insurance, and ward the cost of the premiums. would be available to the smallest solving the healthcare challenges faced Today, David insures only 13 of his 25 businesses, with the value of the tax by small businesses is an important full-time employees—the other 12 can- credit phased down as the size of the part of that process. not afford their 50 percent share of the employer increases. I look forward to working with my premium in the first year, and the Employers who cover more than 60 colleagues to enact such legislation company cannot afford to pay more. percent of the premium would be re- and ensure that the healthcare needs of David spent almost 13 percent of his warded with a bonus credit. small businesses and all Americans are covered employees’ payroll on health In addition, we would move to a sys- met. insurance premiums last year, and he tem where individual employees can Mr. President, I ask unanimous con- expects he will have to ask employees choose their own health plan instead of sent that the text of the bill be printed to contribute more again next year. having their employer choose it for in the RECORD.

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.065 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5135 There being no objection, the text of reference to any predecessor of such em- or modification by the States) to employers the bill was ordered to be placed in the ployer. and employees (directly and through naviga- ‘‘(c) WAIVER AND CONTINUATION OF PARTICI- RECORD, as follows: tors) concerning the open enrollment proc- PATION.— ess, the health insurance coverage available S. 979 ‘‘(1) WAIVER.—The Administrator may through the pool, and standardized compara- Be it enacted by the Senate and House of Rep- waive the limitations relating to the size of tive information concerning such coverage, resentatives of the United States of America in an employer which may participate in the which shall be available through an inter- Congress assembled, health insurance program established under active Internet website, including a descrip- SECTION 1. SHORT TITLE. this title on a case by case basis if the Ad- tion of the coverage plans available in each This Act may be cited as the ‘‘Small Busi- ministrator determines that such employer State and comparative information, about ness Health Options Program Act of 2009’’ or makes a compelling case for such a waiver. premiums, index rates, benefits, quality, and the ‘‘SHOP Act’’. In making determinations under this para- consumer satisfaction under such plans; SEC. 2. AMENDMENT TO THE PUBLIC HEALTH graph, the Administrator may consider the ‘‘(9) provide information to health insur- SERVICE ACT. effects of the employment of temporary and ance issuers, including, at the discretion of The Public Health Service Act (42 U.S.C. seasonal workers and other factors. the Administrator, notification when pro- 201 et seq.) is amended by adding at the end ‘‘(2) CONTINUATION OF PARTICIPATION.—An the following: posed rates are not in a competitive range; employer participating in the program under ‘‘(10) conduct public education activities ‘‘TITLE XXXI—SMALL BUSINESS HEALTH this title that experiences an increase in the (directly and through navigators) to raise OPTIONS PROGRAM number of employees so that such employer the awareness of the public of the program ‘‘SEC. 3101. DEFINITIONS. has in excess of 100 employees, may not be under this title and the associated tax credit ‘‘(a) IN GENERAL.—In this title: excluded from participation solely as a re- under the Internal Revenue Code of 1986; ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- sult of such increase in employees. ‘‘(11) develop methods to facilitate enroll- trator’ means the Administrator appointed ‘‘(d) TREATMENT OF HEALTH INSURANCE ment in health insurance coverage under under section 3102(a). COVERAGE AS GROUP HEALTH PLAN.—Health this title, including through the use of the ‘‘(2) SMALL BUSINESS HEALTH BOARD.—The insurance coverage offered under this title Internet; term ‘Small Business Health Board’ means shall be treated as a group health plan for ‘‘(12) if appropriate, enter into contracts the Board established under section 3102(d). purposes of applying the Employee Retire- for the performance of administrative func- ‘‘(3) EMPLOYEE.—The term ‘employee’ has ment Income Security Act of 1974 (29 U.S.C. tions under this title as permitted under sec- the meaning given such term under section 1001 et seq.) except to the extent that a pro- tion 3109; 3(6) of the Employee Retirement Income Se- vision of this title expressly provides other- ‘‘(13) carefully consider benefit rec- curity Act of 1974 (29 U.S.C. 1002(6)). Such wise. ommendations that are endorsed by at least term shall not include an employee of the ‘‘(e) APPLICATION OF HIPAA RULES.—Sub- two-thirds of the members of the Small Busi- Federal Government. ject to the provisions of this title, parts A ness Health Board; and C of title XXVII shall apply to health in- ‘‘(4) EMPLOYER.—The term ‘employer’ has ‘‘(14) establish and administer a contin- surance coverage offered under this title by the meaning given such term under section gency fund for risk corridors as provided for 3(5) of the Employee Retirement Income Se- health insurance issuers. Subject to section in section 3108; curity Act of 1974 (29 U.S.C. 1002(5)), except 2723, a State may modify State law as appro- ‘‘(15) coordinate with State insurance regu- that such term shall include employers who priate to provide for the enforcement of such lators to ensure timely and effective consid- employed an average of at least 1 but not provisions for health insurance coverage of- eration of complaints, grievances, and ap- more than 100 employees (who worked an av- fered in the State under this title. Part 7 of peals; and erage of at least 35 hours per week) on busi- subtitle B of title I of the Employee Retire- ‘‘(16) carry out any other activities nec- ness days during the year preceding the date ment Income Security Act of 1974 (29 U.S.C. essary to administer this title. of application, and shall include self-em- 1181 et seq.) shall continue to apply to group ployed individuals with either not less than health plans offering coverage under this ‘‘(d) LIMITATIONS.—The Administrator $5,000 in net earnings or not less than $15,000 title. Subtitle K of the Internal Revenue shall not— in gross earnings from self-employment in Code of 1986 shall continue to apply to cov- ‘‘(1) negotiate premiums with participating the preceding taxable year. Such term shall ered employers and group health plans offer- health insurance issuers; or not include the Federal Government. ing coverage under this title. ‘‘(2) exclude health insurance issuers from participating in the program under this title ‘‘(5) HEALTH INSURANCE COVERAGE.—The ‘‘SEC. 3102. ADMINISTRATION OF SMALL BUSI- term ‘health insurance coverage’ has the NESS HEALTH INSURANCE POOL. except for violating contracts or the require- meaning given such term in section 2791. ‘‘(a) OFFICE AND ADMINISTRATOR.—The Sec- ments of this title. ‘‘(6) HEALTH INSURANCE ISSUER.—The term retary shall designate an office within the ‘‘(e) SMALL BUSINESS HEALTH BOARD.— ‘health insurance issuer’ has the meaning Department of Health and Human Services ‘‘(1) IN GENERAL.—There shall be estab- given such term in section 2791. to administer the program under this title. lished a Small Business Health Board to ‘‘(7) HEALTH STATUS-RELATED FACTOR.—The Such office shall be headed by an Adminis- monitor the implementation of the program term ‘health status-related factor’ has the trator to be appointed by the Secretary. under this title and to make recommenda- meaning given such term in section ‘‘(b) QUALIFICATIONS.—The Secretary shall tions to the Administrator concerning im- 2791(d)(9). ensure that the individual appointed to serve provements in the program. ‘‘(8) PARTICIPATING EMPLOYER.—The term as the Administrator under subsection (a) ‘‘(2) APPOINTMENT.—The Comptroller Gen- ‘participating employer’ means an employer has an appropriate background with experi- eral shall appoint 13 individuals who have ex- that— ence in health insurance, healthcare man- pertise in healthcare benefits, financing, eco- ‘‘(A) elects to provide health insurance agement, or health policy. nomics, actuarial science, or other related coverage under this title to its employees; ‘‘(c) DUTIES.—The Administrator shall— fields, to serve as members of the Small and ‘‘(1) enter into contracts with health insur- Business Health Board. In appointing mem- ‘‘(B) is not offering other comprehensive ance issuers to provide health insurance cov- bers under the preceding sentence, the Comp- health insurance coverage to such employ- erage to individuals and employees who en- troller General shall ensure that such mem- ees. roll in health insurance coverage in accord- bers include— ‘‘(b) APPLICATION OF CERTAIN RULES IN DE- ance with this title; ‘‘(A) a mix of different types of profes- TERMINATION OF EMPLOYER SIZE.—For pur- ‘‘(2) maintain the contracts for health in- sionals; poses of subsection (a)(3): surance policies when an employee elects ‘‘(B) a broad geographic representation; ‘‘(1) APPLICATION OF AGGREGATION RULE FOR which health plan offered under this title to ‘‘(C) not less than 3 individuals with an EMPLOYERS.—All persons treated as a single enroll in as permitted under section employee perspective; employer under subsection (b), (c), (m), or (o) 3107(d)(7); ‘‘(D) not less than 3 individuals with a of section 414 of the Internal Revenue Code ‘‘(3) ensure that health insurance issuers small business perspective, at least 1 of of 1986 shall be treated as 1 employer. comply with the requirements of this title; whom shall have a self-employed perspec- ‘‘(2) EMPLOYERS NOT IN EXISTENCE IN PRE- ‘‘(4) ensure that employers meet eligibility tive; CEDING YEAR.—In the case of an employer requirements for participation in the health ‘‘(E) not less than 1 individual with a back- which was not in existence for the full year insurance pool established under this title; ground in insurance regulation; and prior to the date on which the employer ap- ‘‘(5) enter into agreements with entities to ‘‘(F) not less than 1 individual with a pa- plies to participate, the determination of serve as navigators, as defined in section tient perspective. whether such employer meets the require- 3103; ‘‘(3) TERMS.—Members of the Small Busi- ments of subsection (a)(4) shall be based on ‘‘(6) collect premiums from employers and ness Health Board shall serve for a term of 3 the average number of employees that it is employees and make payments for health in- years, such terms to end on March 15 of the reasonably expected such employer will em- surance coverage; applicable year, except as provided in para- ploy on business days in the employer’s first ‘‘(7) collect other information needed to graph (4). The Comptroller General shall full year. administer the program under this title; stagger the terms for members first ap- ‘‘(3) PREDECESSORS.—Any reference in this ‘‘(8) compile, produce, and distribute infor- pointed. A member may be reappointed after subsection to an employer shall include a mation (which shall not be subject to review the expiration of a term. A member may

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CONTRACTS WITH HEALTH INSUR- Beginning on March 16, 2013, 3 of the individ- ‘‘(b) ELIGIBILITY.—To be eligible to enter ANCE ISSUERS. uals the Comptroller General appoints to the into an agreement under subsection (a), an ‘‘(a) IN GENERAL.—The Administrator may Small Business Health Board shall be rep- entity shall demonstrate to the Adminis- enter into contracts with qualified health in- resentatives of the 3 navigators through trator that the entity has existing relation- surance issuers, without regard to section 5 which the largest number of individuals have ships with, or could readily establish rela- of title 41, United States Code, or other stat- enrolled for health insurance coverage over tionships with, employers or employees and utes requiring competitive bidding, to pro- the previous 2-year period. Such appointees self-employed individuals, likely to be eligi- vide health benefits plans to employees of shall serve for 1 year. The Comptroller Gen- ble to participate in the program under this participating employers and self-employed eral shall consider for appointment in years title. Such entities may include trade, indus- individuals under this title. Each contract prior to the date specified in this paragraph, try and professional associations, chambers shall be for a uniform term of at least 1 year, individuals who are representatives of enti- of commerce, unions, small business develop- but may be made automatically renewable ties that may serve as navigators. ment centers, and other entities that the Ad- from term to term in the absence of notice of termination by either party. In entering into ‘‘(5) CHAIRPERSON; VICE CHAIRPERSON.—The ministrator determines to be capable of car- Comptroller General shall designate a mem- rying out the duties described in subsection such contracts, the Administrator shall en- ber of the Small Business Health Board, at (c). sure that health benefits coverage is provided for an individual only, 2 adults in a the time of appointment of such member, to ‘‘(c) DUTIES.—An entity that serves as a navigator under an agreement under sub- household, 1 adult and 1 or more children, serve as Chairperson and a member to serve section (a) shall— and a family. as Vice Chairperson for the term of the ap- ‘‘(1) coordinate with the Administrator on ‘‘(b) ELIGIBILITY.—A health insurance pointment, except that in the case of a va- public education activities to raise aware- issuer shall be eligible to enter into a con- cancy of either such position, the Comp- ness of the program under this title; tract under subsection (a) if such issuer— troller General may designate another mem- ‘‘(2) distribute information developed by ‘‘(1) is licensed to offer health benefits plan ber to serve in such position for the remain- the Administrator on the open enrollment coverage in each State in which the plan is der of such member’s term. process, private health plans available offered; and ‘‘(6) COMPENSATION.—While serving on the through the program under this title, and ‘‘(2) meets such other reasonable require- business of the Small Business Health Board standardized comparative information about ments as determined appropriate by the Ad- (including travel time), a member of the the health insurance coverage under the pro- ministrator, after an opportunity for public Small Business Health Board shall be enti- gram; comment and publication in the Federal tled to compensation at the per diem equiva- ‘‘(3) distribute information about the avail- Register. lent of the rate provided for level IV of the ability of the tax credit under section 36 of ‘‘(c) COST-SHARING AND NETWORKS.—The Executive Schedule under section 5315 of the Internal Revenue Code of 1986 as added Administrator shall ensure that health bene- title 5, United States Code, and while so fits plans with a range of cost-sharing and by the Small Business Health Options Pro- serving away from home and the member’s network arrangements are available under gram Act of 2009; regular place of business, a member may be this title. ‘‘(4) provide referrals to the applicable allowed travel expenses, as authorized by the ‘‘(d) REVOCATION.—Approval of a health State agency or agencies for any enrollee Chairperson of the Small Business Health benefits plan participating in the program with a grievance, complaint, or question re- Board. under this title may be withdrawn or regarding their health insurance issuer, their ‘‘(7) DISCLOSURE.—The Comptroller Gen- voked by the Administrator only after notice coverage or plan, or a determination under eral shall establish a system for the public to the health insurance issuer involved and such coverage or plan; disclosure, by members of the Small Busi- an opportunity for a hearing without regard ‘‘(5) assist employers and employees in en- ness Health Board, of financial and other po- to subchapter II of chapter 5 and chapter 7 of rolling in the program under this title; and tential conflicts of interest. title 5, United States Code. ‘‘(6) respond to questions about the pro- ‘‘(8) MEETINGS.—The Small Business ‘‘(e) CONVERSION.— gram under this title and participating Health Board shall meet at the call of the ‘‘(1) IN GENERAL.—Except as provided in plans. Chairperson. Each such meeting shall be paragraph (2), a contract may not be made or ‘‘(d) SUPPLEMENTAL MATERIALS.—In addi- open to the public. a plan approved under this section if the tion to information developed by the Admin- health insurance issuer under such contract ‘‘(9) DUTIES.—The Small Business Health istrator under subsection (c)(2), a navigator Board shall— or plan does not provide to each enrollee may develop and distribute other informa- whose coverage under the plan is terminated, ‘‘(A) provide general oversight of the pro- tion that is related to the health insurance gram under this title and make rec- including a termination due to discontinu- program established under this title, subject ance of the contract or plan, the option to ommendations to the Administrator; to review and approval by the Administrator ‘‘(B) monitor, review, seek public input on, have issued to that individual a nongroup and filing in each State in which the navi- policy without evidence of insurability. A and make recommendations to the Adminis- gator operates. health insurance issuer shall provide a no- trator on the benefit requirements for na- ‘‘(e) STANDARDS.— tice of such option to individuals who enroll tionwide plans in this title; ‘‘(1) IN GENERAL.—The Administrator shall in the plan. An enrollee who exercises such ‘‘(C) make recommendations concerning establish standards for navigators under this conversion option shall pay the full periodic information that the Administrator, health section, including provisions to avoid con- charges for the nongroup policy. plans, and navigators should distribute to flicts of interest. Under such standards, a ‘‘(2) EXCEPTIONS.—A health insurance employers and employees participating in navigator may not— issuer shall not be required to offer a the program under this title; and ‘‘(A) be a health insurance issuer; or nongroup policy under paragraph (1) if the ‘‘(D) monitor and make recommendations ‘‘(B) receive any consideration directly or termination under the plan occurred be- to the Administrator on adverse selection indirectly from any health insurance issuer cause— within the program under this title and be- in connection with the participation of any ‘‘(A) the enrollee failed to pay any required tween the coverage provided under the pro- employer in the program under this title or monthly premiums under the plan; gram and the State-regulated health insur- the enrollment of any eligible employee in ‘‘(B) the enrollee performed an act or prac- ance market. health insurance coverage under this title. tice that constitutes fraud in connection ‘‘(10) APPROVAL OF RECOMMENDATIONS.—A ‘‘(2) FAIR AND IMPARTIAL INFORMATION AND with the coverage under the plan; recommendation shall require approval by SERVICES.—The Administrator shall consult ‘‘(C) the enrollee made an intentional mis- not less than two-thirds of the members of with the Small Business Health Board con- representation of a material fact under the the Board. cerning the standards necessary to ensure terms of coverage of the plan; or ‘‘(11) PUBLIC NOTICE AND COMMENT ON REC- that a navigator will provide fair and impar- ‘‘(D) the terminated coverage under the OMMENDATIONS.—The Administrator shall— tial information and services. An agreement plan was replaced by similar coverage within ‘‘(A) publish recommendations by the between the Administrator and a navigator 31 days after the effective date of such termi- Small Business Health Board in the Federal may include specific provisions with respect nation. Register; to such navigator to ensure that such navi- ‘‘(f) PAYMENT OF PREMIUMS.— ‘‘(B) solicit written comments concerning gator will provide fair and impartial infor- ‘‘(1) IN GENERAL.—Employers shall collect such recommendations; and mation and services. If a navigator, or entity premium payments from their employees ‘‘(C) provide an opportunity for the presen- seeking to become a navigator, is a party to through payroll deductions or other pay- tation of oral comments concerning such any arrangement with any health insurance ments from employees and shall forward recommendations at a public meeting. issuer to receive compensation related to such payments and the contribution of the ‘‘SEC. 3103. NAVIGATORS. other healthcare programs not covered under employer (if any) to the Administrator. The ‘‘(a) IN GENERAL.—The Administrator shall this title, the entity shall disclose the terms Administrator shall develop procedures enter into agreements with private and pub- of such compensation arrangements to the through which such payments shall be re- lic entities, beginning a reasonable period Administrator, and the Administrator shall ceived and forwarded to the health insurance prior to the beginning of the first calendar take such information into account in deter- issuer involved.

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‘‘(2) FAILURE TO PAY.—The Administrator 3101(a)(8). An employer may allow employees ‘‘(2) PERIOD DESCRIBED.—The period de- shall establish— who average fewer than 35 hours per week to scribed in this paragraph is the longer of— ‘‘(A) procedures for the termination of em- enroll. ‘‘(A) the period provided for in the COBRA ployers that fail for a consecutive 2-month ‘‘(b) LIMITATION.—A health insurance continuation provisions (as such term is de- period (or such other time period as deter- issuer may not refuse to provide coverage to fined in section 3001(a)(10)(B) of division B of mined appropriate by the Administrator) to any eligible individual under subsection (a) the American Recovery and Reinvestment make premium payments in a timely man- who selects a health benefits plan offered by Act of 2009) beginning on the date of the ter- ner; and such issuer under this title. mination or separation involved; or ‘‘(B) other procedures regarding unpaid and ‘‘(c) TYPE OF ENROLLMENT.—An eligible in- ‘‘(B) the period permitted under any appli- uncollected premiums. dividual may enroll as an individual or as an cable continuation of coverage provisions of adult with 1 or more children regardless of the State in which the employee resides. ‘‘SEC. 3105. EMPLOYER PARTICIPATION. whether another adult is present in the en- ‘‘(3) ADMINISTRATION.—The Administrator ‘‘(a) PARTICIPATION PROCEDURE.—The Ad- rollee’s household or family. shall develop guidelines for administering ministrator shall develop a procedure for ‘‘(d) OPEN ENROLLMENT.— the provision of health plan coverage for em- employers and self-employed individuals to ‘‘(1) IN GENERAL.—The Administrator shall participate in the program under this title, establish an annual open enrollment period ployees under this subsection. Such guide- including procedures relating to the offering during which an employer may elect to be- lines shall address the rating rules for such of health benefits plans to employees and the come a participating employer and an em- continuation coverage in the calendar years payment of premiums for health insurance ployee may enroll in a health benefits plan prior to 2014 and shall provide for the admin- coverage under this title. For the purpose of under this title for the following calendar istration of this section in a manner similar premium payments, a self-employed indi- year. to the manner in which the COBRA continu- vidual shall be considered an employer that ‘‘(2) OPEN ENROLLMENT PERIOD.—For pur- ation provisions (as such term is defined in is making a 100 percent contribution toward poses of this title, the term ‘open enrollment section 3001(a)(10)(B) of division B of the the premium amount. period’ means, with respect to calendar year American Recovery and Reinvestment Act of ‘‘(b) ENROLLMENT AND OFFERING OF OTHER 2012 and each succeeding calendar year, the 2009) are administered, including the collec- COVERAGE.— period beginning on October 1, 2011, and end- tion of premiums by the Administrator. ‘‘(1) ENROLLMENT.—A participating em- ing December 1, 2011, and each succeeding pe- ‘‘(4) NONAPPLICATION OF PROVISIONS.—The ployer shall ensure that each eligible em- riod beginning October 1 and ending Decem- COBRA continuation provisions (as such ployee has an opportunity to enroll in a plan ber 1. Coverage in a health benefits plan se- term is defined in section 3001(a)(10)(B) of di- of the employer’s choice or a plan of the em- lected during such an open enrollment period vision B of the American Recovery and Rein- ployee’s choice in accordance with section shall begin on January 1 of the calendar year vestment Act of 2009) shall not apply to an 3107(d)(7). following the selection. employee to which this subsection applies. ‘‘(2) PROHIBITION ON OFFERING OTHER COM- ‘‘(3) NEWLY ELIGIBLE EMPLOYERS AND EM- ‘‘(g) RULE OF CONSTRUCTION.—Nothing in PREHENSIVE HEALTH BENEFIT COVERAGE.—A PLOYEES.—Notwithstanding the open enroll- this title shall be construed to prohibit a participating employer may not offer a ment period provided for under paragraph health insurance issuer providing coverage health insurance plan providing comprehen- (2), the Administrator shall establish an en- through the program under this title from sive health benefit coverage to employees rollment process to enable a newly eligible using the services of a licensed agent or other than a health benefits plan offered employer or an employer with an existing broker. under this title. health benefits plan whose term is ending to ‘‘SEC. 3107. HEALTH COVERAGE AVAILABLE WITH- IN THE SMALL BUSINESS POOL. ‘‘(3) PROHIBITION ON COERCION.—An em- become a participating employer and for an ‘‘(a) PREEXISTING CONDITION EXCLUSIONS.— ployer shall not pressure, coerce, or offer in- employee of such employer, or a new em- Section 2701 shall apply to coverage under ducements to an employee to elect not to en- ployee of a participating employer, to enroll this title, except that with respect to such roll in coverage under the program under in a health benefits plan under this title out- coverage, the reference to ‘12 months (or 18 this title or to select a particular health ben- side of an open enrollment period subject to months in the case of a late enrollee)’ in sub- efits plan. 2701(f). The Administrator may establish a section (a)(2) of each such section shall be ‘‘(4) OFFER OF SUPPLEMENTAL COVERAGE OP- process for setting the renewal date for the deemed to be ‘6 months’. The period involved TIONS.— participation of an employer that initially shall be reduced by the aggregate of 1 day for ‘‘(A) IN GENERAL.—A participating em- becomes a participating employer outside of each day that the individual was covered ployer may offer supplementary coverage op- the open enrollment period to coincide with under creditable health insurance coverage tions to employees. a subsequent open enrollment period. (as defined for purposes of section 2701(c)) ‘‘(4) LIMITATION OF CHANGING ENROLL- ‘‘(B) DEFINITION.—In subparagraph (A), the immediately preceding the date the indi- MENT.—An employer or employee (as the term ‘supplementary coverage’ means bene- vidual submitted an application for coverage fits described as ‘excepted benefits’ under case may be) may elect to change the health benefits plan that the employee is enrolled under this title. section 2791(c). ‘‘(b) RATES AND PREMIUMS; STATE LAWS.— in only during an open enrollment period. ‘‘(c) REGULATORY FLEXIBILITY.—In devel- ‘‘(1) IN GENERAL.—Rates charged and pre- ‘‘(5) EFFECTIVENESS OF ELECTION AND oping the procedure under subsection (a), the miums paid for a health benefits plan under CHANGE OF ELECTION.—An election to change Administrator shall comply with the re- this title— a health benefits plan that is made during quirements specified under the Regulatory ‘‘(A) shall be determined in accordance the open enrollment period under paragraph Flexibility Act under chapter 6 of title 5, with subsection (d); United States Code, consider the economic (2) shall take effect as of the first day of the following calendar year. ‘‘(B) may be annually adjusted; and impacts that the regulation will have on ‘‘(C) shall be adjusted to cover the adminis- small businesses, and consider regulatory al- ‘‘(6) CONTINUATION OF ENROLLMENT.—An employee who has enrolled in a health bene- trative costs of the Administrator under this ternatives that would mitigate such impact. title and the office established under section The Administrator shall publish and publicly fits plan under this title is considered to have been continuously enrolled in that 3102. disseminate a small business compliance ‘‘(2) BENEFIT MANDATE LAWS.—With respect guide, pursuant to section 212 of the Small health benefits plan until such time as— ‘‘(A) the employer or employee (as the case to a contract entered into under this title Business Regulatory Enforcement Fairness under which a health insurance issuer will Act, that explains the compliance require- may be) elects to change health benefits plans; or offer health benefits plan coverage, State ments for employer participation. Such com- mandated benefit laws in effect in the State pliance guide shall be published not later ‘‘(B) the health benefits plan is terminated. ‘‘(e) PROVIDING INFORMATION TO PROMOTE in which the plan is offered shall continue to than the date of the publication of the final INFORMED CHOICE.—The Administrator shall apply, except in the case of a nationwide rule under this title, or the effective date of compile, produce, and disseminate informa- plan. such rules, whichever is later. tion to employers, employees, and naviga- ‘‘(3) LIMITATION.—Nothing in this sub- ‘‘(d) RULE OF CONSTRUCTION.—Except as tors under section 3102(c)(8) to promote in- section shall be construed to preempt any provided in section 3104(f), nothing in this formed choice that shall be made available State or local law (including any State title shall be construed to require that an at least 30 days prior to the beginning of grievance, claims, and appeals procedure employer make premium contributions on each open enrollment period. laws, State provider mandate laws, and behalf of employees. ‘‘(f) TERMINATION OF EMPLOYMENT.— State network adequacy laws) except those ‘‘SEC. 3106. ELIGIBILITY AND ENROLLMENT. ‘‘(1) IN GENERAL.—With respect to an em- laws and regulations described in subsection ‘‘(a) IN GENERAL.—An individual shall be ployee who is enrolled in a health plan (b)(2), (d)(2)(B), and (d)(5). eligible to enroll in health insurance cov- through the program under this title and ‘‘(c) TERMINATION AND REENROLLMENT.—If erage under this title for coverage beginning who is terminated or separated from employ- an individual who is enrolled in a health ben- in 2012 if such individual is an employee of a ment, such employee may remain enrolled in efits plan under this title voluntarily termi- participating employer described in section such health plan for the period described in nates the enrollment, except in the case of 3101(a)(4) or is a self-employed individual as paragraph (2) if the employee pays 102 per- an individual who has lost or changes em- defined in section 401(c)(1)(B) of the Internal cent of the monthly premium for such plan ployment or whose employer is terminated Revenue Code of 1986 and meets the defini- for such period as provided for under para- for failure to pay premiums, the individual tion of a participating employer in section graph (3). shall not be eligible for reenrollment until

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the first open enrollment period following ‘‘(4) EXPEDITED CONGRESSIONAL CONSIDER- ‘‘(II) the legislation of the other House the expiration of 6 months after the date of ATION.— shall immediately be considered by the re- such termination. ‘‘(A) INTRODUCTION AND COMMITTEE CONSID- ceiving House under the same procedures ap- ‘‘(d) RATING RULES AND TRANSITIONAL AP- ERATION.— plicable to legislation reported by or dis- PLICATION OF STATE LAW.— ‘‘(i) INTRODUCTION.—A legislative proposal charged from a committee under this para- ‘‘(1) YEARS 2012 AND 2013.—With respect to submitted to Congress pursuant to paragraph. calendar years 2012 and 2013 (open enrollment graph (2) shall be introduced in the House of ‘‘Upon disposition of legislation that is re- period beginning October 1, 2011, and October Representatives by the Speaker, and in the ceived by one House from the other House, it 1, 2012), the following shall apply: Senate by the majority leader, immediately shall no longer be in order to consider the ‘‘(A) In the case of an employer that elects upon receipt of the language and shall be re- legislation that was introduced in the receiv- to participate in the program under this ferred to the appropriate committees of Con- ing House. title, the State rating requirements applica- gress. If the proposal is not introduced in ac- ‘‘(iii) SENATE VOTE REQUIREMENT.—Legisla- ble to employers purchasing health insur- cordance with the preceding sentence, legis- tion under this paragraph shall only be ap- ance coverage in the small group market in lation may be introduced in either House of proved in the Senate if affirmed by the votes the State in which the employer is located Congress by any member thereof. of 3⁄5 of the Senators duly chosen and sworn. shall apply with respect to such coverage, ‘‘(ii) COMMITTEE CONSIDERATION.—Legisla- If legislation in the Senate has not reached except that premium rates for such coverage tion introduced in the House of Representa- final passage within 10 days after the motion shall not vary based on health-status related tives and the Senate under clause (i) shall be to proceed is agreed to (excluding periods in factors. referred to the appropriate committees of ju- which the Senate is in recess) it shall be in ‘‘(B) State rating requirements shall apply risdiction of the House of Representatives order for the majority leader to file a cloture to health insurance coverage purchased in and the Senate. Not later than 45 calendar petition on the legislation or amendments the small group market in the State, except days after the introduction of the legislation thereto, in accordance with rule XXII of the that a State shall be prohibited from allow- or February 15th, 2013, whichever is later, Standing Rules of the Senate. If such a clo- ing premium rates to vary based on health- the committee of Congress to which the leg- ture motion on the legislation fails, it shall status related factors. islation was referred shall report the legisla- be in order for the majority leader to proceed ‘‘(2) SUBSEQUENT YEARS.— tion or a committee amendment thereto. If to other business and the legislation shall be ‘‘(A) NAIC RECOMMENDATIONS.— the committee has not reported such legisla- returned to or placed on the Senate calendar. ‘‘(i) STUDY.—Beginning in 2010, the Admin- tion (or identical legislation) at the end of 45 ‘‘(iv) CONSIDERATION IN CONFERENCE.—Im- istrator shall contract with the National As- calendar days after its introduction, or Feb- mediately upon a final passage of the legisla- sociation of Insurance Commissioners to ruary 15th, 2013, whichever is later, such tion that results in a disagreement between conduct a study of the rating requirements committee shall be deemed to be discharged the two Houses of Congress with respect to utilized in the program under this title and from further consideration of such legisla- the legislation, conferees shall be appointed the rating requirements that apply to health tion and such legislation shall be placed on and a conference convened. Not later than 15 insurance purchased in the small group mar- the appropriate calendar of the House in- days after the date on which conferees are kets in the States, and to develop rec- volved. appointed (excluding periods in which one or ommendations concerning rating require- ‘‘(B) EXPEDITED PROCEDURE.— both Houses are in recess), the conferees ments. Such recommendations shall be sub- ‘‘(i) CONSIDERATION.—Not later than 15 cal- shall file a report with the House of Rep- mitted to the appropriate committees of endar days after the date on which a com- resentatives and the Senate resolving the Congress during calendar year 2012. mittee has been or could have been dis- differences between the Houses on the legis- ‘‘(ii) STATE LAW HARMONIZATION.—Begin- charged from consideration of legislation lation. Notwithstanding any other rule of ning in calendar year 2011, the Administrator under this paragraph, the Speaker of the the House of Representatives or the Senate, shall contract with the National Association House of Representatives, or the Speaker’s it shall be in order to immediately consider of Insurance Commissioners to conduct a designee, or the majority leader of the Sen- a report of a committee of conference on the study of administrative procedures, includ- ate, or the leader’s designee, shall move to legislation filed in accordance with this sub- ing rate and form filing, standards of exter- proceed to the consideration of the com- clause. Debate in the House of Representa- nal review, and standards of internal review, mittee amendment to the legislation, and if tives and the Senate on the conference re- that apply to the program under this title there is no such amendment, to the legisla- port shall be limited to 10 hours, equally di- and to health insurance purchased in the tion. It shall also be in order for any member vided and controlled by the Speaker of the small group markets in the States. of the House of Representatives or the Sen- House of Representatives and the minority ‘‘(iii) CONSULTATION.—In conducting the ate, respectively, to move to proceed to the leader of the House of Representatives or study under clause (i), the National Associa- consideration of the legislation at any time their designees and the majority and minor- tion of Insurance Commissioners shall con- after the conclusion of such 15-day period. ity leaders of the Senate or their designees. sult with key stakeholders (including small All points of order against the legislation A vote on final passage of the conference re- businesses, self-employed individuals, em- (and against consideration of the legislation) port shall occur immediately at the conclu- ployees of small businesses, health insurance with the exception of points of order under sion or yielding back of all time for debate issuers, healthcare providers, and patient ad- the Congressional Budget Act of 1974 are on the conference report. The conference re- vocates). waived. A motion to proceed to the consider- port shall be approved in the Senate only if ‘‘(iv) RECOMMENDATIONS.—During calendar ation of the legislation is highly privileged affirmed by the votes of 3⁄5 of the Senators year 2012, the recommendations of the Na- in the House of Representatives and is privi- duly chosen and sworn. tional Association of Insurance Commis- leged in the Senate and is not debatable. The ‘‘(C) RULES OF THE SENATE AND HOUSE OF sioners shall be submitted to Congress (in motion is not subject to amendment, to a REPRESENTATIVES.—This paragraph is en- the form of a legislative proposal), and shall motion to postpone consideration of the leg- acted by Congress— concern— islation, or to a motion to proceed to the ‘‘(i) as an exercise of the rulemaking power ‘‘(I) rating requirements for health insur- consideration of other business. A motion to of the Senate and House of Representatives, ance coverage under this title for calendar reconsider the vote by which the motion to respectively, and is deemed to be part of the year 2014 and subsequent calendar years; and proceed is agreed to or not agreed to shall rules of each House, respectively, but appli- ‘‘(II) a maximum permissible variance be- not be in order. If the motion to proceed is cable only with respect to the procedure to tween State rating requirements and the rat- agreed to, the House of Representatives or be followed in that House in the case of legis- ing requirements for coverage under this the Senate, as the case may be, shall imme- lation under this paragraph, and it super- title that will allow State flexibility without diately proceed to consideration of the legis- sedes other rules only to the extent that it is causing significant adverse selection for lation in accordance with the Standing Rules inconsistent with such rules; and health insurance coverage under this title. of the House of Representatives or the Sen- ‘‘(ii) with full recognition of the constitu- ‘‘(B) APPLICATION OF REQUIREMENTS.—If, ate, as the case may be, without intervening tional right of either House to change the pursuant to this subsection, an Act is en- motion, order, or other business, and the res- rules (so far as they relate to the procedure acted to implement rating requirements pur- olution shall remain the unfinished business of that House) at any time, in the same man- suant to the recommendations submitted of the House of Representatives or the Sen- ner, and to the same extent as in the case of under subparagraph (A), or alternative rat- ate, as the case may be, until disposed of, ex- any other rule of that House. ing requirements developed by Congress, cept as provided in clause (iii). ‘‘(5) FALLBACK RATING RULES.—For pur- such rating requirements shall apply to the ‘‘(ii) CONSIDERATION BY OTHER HOUSE.—If, poses of paragraph (3), the fallback rating program under this title beginning in cal- before the passage by one House of the legis- rules are as follows: endar year 2014 (open enrollment periods be- lation that was introduced in such House, ‘‘(A) PROGRAM.— ginning October 1, 2013, and thereafter). such House receives from the other House ‘‘(i) RATING RULES.—A health insurance ‘‘(3) FAILURE TO ENACT LEGISLATION.—If an legislation as passed by such other House— issuer that enters into a contract under the Act is not enacted as provided for in para- ‘‘(I) the legislation of the other House shall program under this title shall determine the graph (2)(B), the fallback rating rules under not be referred to a committee and shall im- amount of premiums to assess for coverage paragraph (5) shall apply beginning in cal- mediately displace the legislation that was under a health benefits plan based on a com- endar year 2014 (open enrollment periods be- introduced in the House in receipt of the leg- munity rate that may be annually adjusted ginning October 1, 2013, and thereafter). islation of the other House; and only—

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‘‘(I) based on the age of covered individuals roll in any health plan offered under this ‘‘(ii) REDUCTION IN BENEFITS.—The Admin- (subject to clause (iii)); title. istrator may reduce benefits that were pre- ‘‘(II) based on the geographic area involved ‘‘(C) EXCEPTION.—In any State or year in viously covered under this paragraph only if the adjustment is based on geographical which an employee is not able to select a if— divisions that are not smaller than a metro- health plan as provided for in subparagraph ‘‘(I) two-thirds of the Small Business politan statistical area and the issuer pro- (A) or (B), the employer shall select the Health Board recommend such change; or vides evidence of geographic variation in health plan or plans that shall be made ‘‘(II) there is a compelling need for the cost of services; available to the employees of such employer. change to prevent a substantial reduction in ‘‘(III) based on industry (subject to clause ‘‘(8) STATE APPROVAL OF RATES.—State participation in the program under this title. (iv)); laws requiring the approval of rates with re- ‘‘(f) ADDITIONAL PREMIUM FOR DELAYED EN- ‘‘(IV) based on tobacco use; and spect to health insurance shall continue to ROLLMENT.— ‘‘(V) based on whether such coverage is for apply to health insurance coverage under ‘‘(1) IN GENERAL.—A self-employed indian individual, 2 adults in a household, 1 this title in such State unless the State fails vidual who is eligible to participate in the adult and 1 or more children, or a family. to enforce the application of rates that program under this title, who does not reside ‘‘(ii) LIMITATION.—Premium rates charged would otherwise apply to health insurance in a State where a self-employed individual for coverage under the program under this issuers under the program under this title. is eligible for coverage in the small group title shall not vary based on health-status ‘‘(e) BENEFITS.— market, and who does not elect to enroll in related factors, gender, class of business, or ‘‘(1) STATEMENT OF BENEFITS.—Each con- coverage under such program in the first claims experience or any other factor not de- tract under this title shall contain a detailed year in which the self-employed individual is scribed in clause (i). statement of benefits offered and shall in- eligible to so enroll, shall be subject to an ‘‘(iii) AGE ADJUSTMENTS.— clude information concerning such maxi- additional premium for delayed enrollment. ‘‘(I) IN GENERAL.—With respect to clause mums, limitations, exclusions, and other ‘‘(2) AMOUNT.—The Administrator shall es- (i)(I), in making adjustments based on age, definitions of benefits as the Administrator tablish the amount of the additional pre- the Administrator shall establish not more considers necessary or reasonable. mium under paragraph (1), which shall be the than 5 age brackets to be used by a health in- ‘‘(2) NATIONWIDE PLANS.— amount determined by the Administrator to surance issuer in establishing rates for indi- ‘‘(A) IN GENERAL.—In the case of contracts be actuarially appropriate, to encourage en- viduals under the age of 65. The rates for any with health insurance issuers that offer a rollment, and to reduce adverse selection. age bracket shall not exceed 300 percent of health benefit plan on a nationwide basis, The amount of the additional premium shall the rate for the lowest age bracket. Age-re- the benefit package shall include benefits es- be calculated by the Administrator based on lated premiums may not vary within age tablished by the Administrator. the number of years specified in paragraph brackets. ‘‘(B) PROCESS FOR ESTABLISHING BENEFITS (4). ‘‘(II) AGES 65 AND OLDER.—With respect to FOR NATIONWIDE PLANS.—The benefits pro- ‘‘(3) PAYMENT.—A self-employed individual clause (i)(I), a health insurance issuer may vided for under subparagraph (A) shall be de- shall pay the additional premium under this develop separate rates for covered individ- termined as follows: subsection, if any, for a period of time equal uals who are 65 years of age or older for ‘‘(i) Not later than 30 days after the date of to the number of years specified in para- whom the primary payor for health benefits enactment of this title, the Secretary shall graph (4). After the expiration of such period coverage is the Medicare program under title enter into a contract with the Institute of the additional premium for delayed enroll- XVIII of the Social Security Act, for the cov- Medicine to develop a minimum set of bene- ment shall be terminated. erage of health benefits that are not other- fits to be offered by nationwide plans. ‘‘(4) YEARS.—The number of years specified wise covered under Medicare. ‘‘(ii) In developing such minimum set of in this paragraph is the number of years that ‘‘(iv) INDUSTRY ADJUSTMENT.—With respect benefits, the Institute of Medicine shall con- the self-employed individual involved was el- to clause (i)(III), in making adjustments vene public forums to allow input from key igible to participate in the program under based on industry, the rates for any industry stakeholders (including small businesses, this title but did not enroll in coverage shall not exceed 115 percent of the rate for self-employed individuals, employees of under such program and did not otherwise the lowest industry and shall be based on small businesses, health insurance issuers, have creditable coverage (as defined for pur- evidence of industry variation in cost of insurance regulators, healthcare providers, poses of section 2701(c)). services. and patient advocates) and shall consult ‘‘(g) STATE ENFORCEMENT.— ‘‘(B) STATE RATING RULES.—State rating re- with the Small Business Health Board. ‘‘(1) STATE AUTHORITY.—With respect to the quirements shall apply to health insurance ‘‘(iii) The Institute of Medicine shall con- enforcement of provisions in this title that coverage purchased in the small group mar- sider— supersede State law (as described in para- ket, except that a State shall not permit pre- ‘‘(I) the clinical appropriateness and effec- graph (2)), a State may require that health mium rates to vary based on health-status tiveness of the benefits covered; insurance issuers that issue, sell, renew, or related factors. ‘‘(II) the affordability of the benefits cov- offer health insurance coverage in the State ‘‘(6) STATE WITH LESS PREMIUM VARIATION.— ered; in the small group market or through the Effective beginning in calendar year 2014, in ‘‘(III) the financial protection of enrollees program under this title, comply with the re- the case of a State that provides a rating against high healthcare expenses; quirements of this title with respect to such variance with respect to age that is less than ‘‘(IV) access to necessary healthcare serv- issuers. the Federal limit established under para- ices, including preventive health services; ‘‘(2) PROVISIONS DESCRIBED.—The provi- graph (2)(B) or (3) or that provides for some and sions described in this paragraph shall inform of community rating, or that provides ‘‘(V) benefits similar to those available in clude the following: a rating variance with respect to industry the small group market on the date of enact- ‘‘(A) Prohibitions on varying premium that is less than the Federal limit estab- ment of this title. rates based on health-status related factors lished under paragraph (2)(B) or (3), or that ‘‘(iv) The benefits package shall not be dis- (subsections (d)(1)(A) and (B) of section 3107). provides a rating variance with respect to criminatory or be likely to promote or in- ‘‘(B) The implementation of rating require- the geographic area involved that is less duce adverse selection. ments that shall apply to the program under than the Federal limit established in para- ‘‘(v) The Administrator shall publish the this title beginning in calendar year 2014 graph (2)(B) or (3), premium rates charged for benefits recommended by the Institute of (subsections (d)(2)(B) and (d)(3) of section health insurance coverage under this title in Medicine for public comment. 3107). such State with respect to such factor shall ‘‘(vi) Based on the comments received, the ‘‘(C) Benefit requirements for nationwide reflect the rating requirements of such Administrator may make changes only to plans available in the program under this State. the extent that the recommendation from title (subsection (e)). ‘‘(7) EMPLOYEE CHOICE.— the Institute of Medicine is not consistent ‘‘(3) FAILURE TO IMPLEMENT OR ENFORCE ‘‘(A) CALENDAR YEARS 2012 AND 2013.—With with the criteria contained in clause (iii) or PROVISIONS.—In the case of a determination respect to calendar years 2012 and 2013 (open there is a compelling need for the changes to by the Secretary that a State has failed to enrollment periods beginning October 1, 2011, ensure the effective functioning of the pro- substantially enforce a provision (or provi- and October 1, 2012), in the case of a State gram. sions) described in paragraph (2) with respect that applies community rating or adjusted ‘‘(vii) The Administrator shall submit a re- to health insurance issuers in the State, the community rating where any age bracket port to Congress on the benefits included in Secretary shall enforce such provision (or does not exceed 300 percent of the lowest age the nationwide package. provisions). bracket, employees of an employer located ‘‘(C) CHANGES TO BENEFITS.— ‘‘(4) SECRETARIAL ENFORCEMENT AUTHOR- in that State may elect to enroll in any ‘‘(i) IN GENERAL.—By a vote of a two-thirds ITY.—The Secretary shall have the same au- health plan offered under this title. majority, the Small Business Health Board thority in relation to the enforcement of the ‘‘(B) SUBSEQUENT YEARS.—Beginning in cal- may recommend to the Administrator provisions of this title with respect to endar year 2014 (open enrollment periods be- changes to the benefit package for nation- issuers of health insurance coverage in a ginning October 1, 2013, and thereafter), em- wide plans under this paragraph for years State as the Secretary has under section ployees of an employer that participates in subsequent to the first year in which such 2722(b)(2) in relation to the enforcement of the program under this title may elect to en- benefits are in effect. the provisions of part A of title XXVII with

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ADMINISTRATION THROUGH RE- ‘‘(h) STATE OPT OUT.—A State may pro- AMOUNT.—If the allowable costs for the GIONAL OR OTHER ADMINISTRATIVE hibit small employers and self-employed in- health insurance issuer with respect to the ENTITIES. dividuals in the State from participating in health benefits plan involved for the year are ‘‘(a) IN GENERAL.—In order to provide for the program under this title if the Adminis- greater than 108 percent of the target the administration of the benefits under this trator finds that the State— amount for the plan and year, the Adminis- title with maximum efficiency and conven- ‘‘(1) defines its small group market to in- trator shall reimburse the issuer for such ex- ience for participating employers and clude groups of 1 (so that self-employed indi- cess costs through payment to the issuer in healthcare providers and other individuals viduals are eligible for coverage in such mar- an amount equal to the sum of— and entities providing services to such em- ket); ‘‘(i) 3.75 percent of such target amount; and ployers, the Administrator— ‘‘(2) prohibits the use of health-status re- ‘‘(ii) 90 percent of the difference between ‘‘(1) shall enter into contracts with eligible lated factors and other factors described in such allowable costs and 108 percent of such entities, to the extent appropriate, to per- subsection (d)(5)(A); target amount. form, on a regional or other basis, activities ‘‘(3) has in effect rating rules that— ‘‘(3) REDUCTION IN PAYMENT IF ALLOWABLE to receive, disburse, and account for pay- ‘‘(A) in calendar years 2012 and 2013, com- COSTS BELOW 97 PERCENT OF TARGET AMOUNT.— ments of premiums to participating employ- ply with subsection (d)(5)(A); and ‘‘(A) COSTS BETWEEN 92 AND 97 PERCENT OF ers by individuals, and for payments by par- ‘‘(B) in calendar year 2014 and thereafter, TARGET AMOUNT.—If the allowable costs for ticipating employers and employees to comply with subsection (d)(2)(B) or (d)(3), the health insurance issuer with respect to health insurance issuers; and whichever is in effect for such calendar year; the health benefits plan involved for the year ‘‘(2) may enter into contracts with eligible except that such rules may impose limits on are less than 97 percent, but greater than or entities, to the extent appropriate, to per- rating variation in addition to those pro- equal to 92 percent, of the target amount for form, on a regional or other basis, 1 or more vided for in such subsection; the plan and year, the issuer shall be re- of the following: ‘‘(4) maintains a State-wide purchasing quired to pay into a contingency reserve ‘‘(A) Collect and maintain all information pool that provides purchasers in the small fund established and maintained by the Ad- relating to individuals, families, and employ- group market a choice of health benefits ministrator, an amount equal to 75 percent ers participating in the program under this plans, with comparative information proof the difference between 97 percent of the title. vided concerning such plans and the pre- target amount and such allowable costs. ‘‘(B) Serve as a channel of communication miums charged for such plans made avail- ‘‘(B) COSTS BELOW 92 PERCENT OF TARGET between health insurance issuers, partici- able through the Internet; and AMOUNT.—If the allowable costs for the pating employers, and individuals relating to ‘‘(5) enacts a law to request an opt out health insurance issuer with respect to the the administration of this title. under this subsection. health benefits plan involved for the year are ‘‘(C) Otherwise carry out such activities ‘‘SEC. 3108. ENCOURAGING PARTICIPATION BY less than 92 percent of the target amount for for the administration of this title, in such HEALTH INSURANCE ISSUERS manner, as may be provided for in the con- THROUGH ADJUSTMENTS FOR RISK. the plan and year, the issuer shall be required to pay into the contingency fund es- tract entered into under this section. ‘‘(a) APPLICATION OF RISK CORRIDORS.— ‘‘(b) APPLICATION.—To be eligible to re- tablished under subparagraph (A), an amount ‘‘(1) IN GENERAL.—This section shall only ceive a contract under subsection (a), an en- equal to the sum of— apply to health insurance issuers with re- tity shall prepare and submit to the Admin- ‘‘(i) 3.75 percent of such target amount; and spect to health benefits plans offered under istrator an application at such time, in such ‘‘(ii) 90 percent of the difference between 92 this Act during any of calendar years 2012 manner, and containing such information as percent of such target amount and such al- through 2014. the Administration may require. ‘‘(2) NOTIFICATION OF COSTS UNDER THE lowable costs. ‘‘(c) PROCESS.— ARGET AMOUNT DESCRIBED PLAN.—In the case of a health insurance ‘‘(4) T .— ‘‘(1) COMPETITIVE BIDDING.—All contracts issuer that offers a health benefits plan ‘‘(A) IN GENERAL.—For purposes of this sub- under this section shall be awarded through under this title in any of calendar years 2012 section, the term ‘target amount’ means, a competitive bidding process on a biennial through 2014, the issuer shall notify the Ad- with respect to a health benefits plan offered basis. ministrator, before such date in the suc- by an issuer under this title in any of cal- ‘‘(2) REQUIREMENT.—No contract shall be ceeding year as the Administrator specifies, endar years 2012 through 2014, an amount entered into with any entity under this sec- of the total amount of costs incurred in pro- equal to— tion unless the Administrator finds that viding benefits under the health benefits ‘‘(i) the total of the monthly premiums es- such entity will perform its obligations plan for the year involved and the portion of timated by the health insurance issuer and under the contract efficiently and effectively such costs that is attributable to adminis- accepted by the Administrator to be paid for and will meet such requirements as to finan- trative expenses. enrollees in the plan under this title for the cial responsibility, legal authority, and ‘‘(3) ALLOWABLE COSTS DEFINED.—For pur- calendar year involved; reduced by other matters as the Administrator finds poses of this section, the term ‘allowable ‘‘(ii) the amount of administrative ex- pertinent. costs’ means, with respect to a health bene- penses that the issuer estimates, and the Ad- ‘‘(3) PUBLICATION OF STANDARDS AND CRI- fits plan offered by a health insurance issuer ministrator accepts, will be incurred by the TERIA.—If the Administrator enters into con- under this title, for a year, the total amount issuer with respect to the plan for such cal- tracts under subsection (a), the Adminis- of costs described in paragraph (2) for the endar year. trator shall publish in the Federal Register plan and year, reduced by the portion of such ‘‘(B) SUBMISSION OF TARGET AMOUNT.—Not standards and criteria for the efficient and costs attributable to administrative ex- later than December 31, 2011, and each De- effective performance of contract obligations penses incurred in providing the benefits december 31 thereafter through calendar year under this section, and opportunity shall be scribed in such paragraph. 2013, an issuer shall submit to the Adminis- provided for public comment prior to imple- ‘‘(b) ADJUSTMENT OF PAYMENT.— trator a description of the target amount for mentation. In establishing such standards ‘‘(1) NO ADJUSTMENT IF ALLOWABLE COSTS such issuer with respect to health benefits and criteria, the Administrator shall provide WITHIN 3 PERCENT OF TARGET AMOUNT.—If the plans provided by the issuer under this title. for a system to measure an entity’s perform- allowable costs for the health insurance ‘‘(c) DISCLOSURE OF INFORMATION.— ance of responsibilities. issuer with respect to the health benefits ‘‘(1) IN GENERAL.—Each contract under this ‘‘(4) TERM.—Each contract under this sec- plan involved for a calendar year are at least title shall provide— tion shall be for a term of at least 2 years, 97 percent, but do not exceed 103 percent, of ‘‘(A) that a health insurance issuer offering and may be made automatically renewable the target amount for the plan and year in- a health benefits plan under this title shall from term to term in the absence of notice volved, there shall be no payment adjust- provide the Administrator with such infor- by either party of intention to terminate at ment under this section for the plan and mation as the Administrator determines is the end of the current term, except that the year. necessary to carry out this subsection in- Administrator may terminate any such con- ‘‘(2) INCREASE IN PAYMENT IF ALLOWABLE cluding the notification of costs under sub- tract at any time (after such reasonable no- COSTS ABOVE 103 PERCENT OF TARGET section (a)(2) and the target amount under tice and opportunity for hearing to the enti- AMOUNT.— subsection (b)(4)(B); and ty involved as the Administrator may pro- ‘‘(A) COSTS BETWEEN 103 AND 108 PERCENT OF ‘‘(B) that the Administrator has the right vide in regulations) if the Administrator TARGET AMOUNT.—If the allowable costs for to inspect and audit any books and records finds that the entity has failed substantially the health insurance issuer with respect to of the issuer that pertain to the information to carry out the contract or is carrying out the health benefits plan involved for the year regarding costs provided to the Adminis- the contract in a manner inconsistent with are greater than 103 percent, but not greater trator under such subsections. the efficient and effective administration of than 108 percent, of the target amount for ‘‘(2) RESTRICTION ON USE OF INFORMATION.— the program established by this title. the plan and year, the Administrator shall Information disclosed or obtained pursuant ‘‘(d) TERMS OF CONTRACT.—A contract en- reimburse the issuer for such excess costs to the provisions of this subsection may be tered into under this section shall include— through payment to the issuer of an amount used by the office designated under section ‘‘(1) a description of the duties of the con- equal to 75 percent of the difference between 3102(a) and its employees and contractors tracting entity;

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‘‘(2) an assurance that the entity will fur- ‘‘(c) REPORTS TO CONGRESS.—Not later than shall be allowed as a credit against the tax nish to the Administrator such timely infor- 1 year and 2 years after the implementation imposed by this chapter for the taxable year mation and reports as the Administrator de- of the campaign under subsection (a), the an amount equal to the credit amount determines appropriate; Administrator shall submit to the appro- scribed in subsection (b). ‘‘(3) an assurance that the entity will priate committees of Congress a report that maintain such records and afford such access describes the activities of the Administrator ‘‘(b) GENERAL CREDIT AMOUNT.—For pur- thereto as the Administrator finds necessary under subsection (a), including a determina- poses of this section— to assure the correctness and verification of tion by the Administrator of the percentage ‘‘(1) IN GENERAL.—The credit amount de- the information and reports under paragraph of employers with knowledge of the health scribed in this subsection is the product of— (2) and otherwise to carry out the purposes of benefits program under this title. ‘‘(A) the amount specified in paragraph (2), this title; ‘‘SEC. 3111. APPROPRIATIONS. ‘‘(B) the employer size factor specified in ‘‘(4) an assurance that the entity shall ‘‘There are authorized to be appropriated paragraph (3), and comply with such confidentiality and pri- to the Administrator such sums as may be ‘‘(C) the percentage of year factor specified vacy protection guidelines and procedures as necessary in each fiscal year for the develop- in paragraph (4). the Administrator may require; ment and administration of the program ‘‘(2) APPLICABLE AMOUNT.—For purposes of ‘‘(5) an assurance that the entity does not under this title. paragraph (1)— have, and will continue to avoid, any con- ‘‘SEC. 3112. EFFECTIVE DATE. ‘‘(A) IN GENERAL.—The applicable amount flicts of interest relative to any functions it ‘‘This title shall take effect on the date of is equal to— will perform; and enactment of this title.’’. ‘‘(i) $1,000 for each employee of the em- ‘‘(6) such other terms and conditions not SEC. 3. AMENDMENT TO ERISA. ployer who receives self-only health insur- inconsistent with this section as the Admin- Section 514(b)(2) of the Employee Retire- istrator may find necessary or appropriate. ance coverage through the employer, ment Income Security Act of 1974 (29 U.S.C. ‘‘(ii) $2,000 for each employee of the em- ‘‘SEC. 3110. PUBLIC EDUCATION CAMPAIGN AND 1144(b)(2)) is amended by adding at the end REPORT. ployer who receives family health insurance the following: ‘‘(a) IN GENERAL.—In carrying out this coverage through the employer, and ‘‘(C) Notwithstanding subparagraph (A), title, the Administrator shall develop and ‘‘(iii) $1,500 for each employee of the em- the provisions of subsections (d)(1)(B) and implement an educational campaign with ployer who receives health insurance cov- (g)(2)(A) of section 3107 of the Public Health interagency participation (including at a erage for 2 adults or 1 adult and 1 or more Service Act (relating to the prohibition on minimum the Small Business Administra- children through the employer. health-status related rating and the Federal tion, the Department of Labor, and employ- ‘‘(B) BONUS FOR PAYMENT OF GREATER PER- enforcement of such provisions) shall ees of the office established under section CENTAGE OF PREMIUMS.—The applicable supercede any State law that conflicts with 3102 who oversee the provision of informa- amount otherwise specified in subparagraph such provisions.’’. tion through navigators) to provide informa- (A) shall be increased by $200 in the case of tion to employers and the general public SEC. 4. CREDIT FOR SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES. subparagraph (A)(i), $400 in the case of sub- concerning the health insurance program de- paragraph (A)(ii), and $300 in the case of sub- veloped under this title, including the con- (a) IN GENERAL.—Subpart D of part IV of paragraph (A)(iii), for each additional 10 per- tact information relating to an individual or subchapter A of chapter 1 of the Internal cent of the qualified employee health insur- individuals who will be available to resolve Revenue Code of 1986 (relating to credits) is various types of problems with health insur- amended by inserting after section 45N the ance expenses exceeding 60 percent which are ance coverage provided under this title. following new section: paid by the qualified small employer. ‘‘(b) PUBLIC EDUCATION CAMPAIGN.—There ‘‘SEC. 45O. SMALL BUSINESS EMPLOYEE HEALTH ‘‘(3) EMPLOYER SIZE FACTOR.—For purposes is authorized to be appropriated to carry out INSURANCE CREDIT. of paragraph (1), the employer size factor is this section, such sums as may be necessary ‘‘(a) DETERMINATION OF CREDIT.—In the the percentage determined in accordance for each of fiscal years 2009 through 2011. case of a qualified small employer, there with the following table:

‘‘If the employer size is: The percentage is:

10 or fewer full-time employees 100% More than 10 but not more than 20 full-time employees 80% More than 20 but not more than 30 full-time employees 60% More than 30 but not more than 40 full-time employees 40% More than 40 but not more than 50 full-time employees 20% More than 50 full-time employees 0%

‘‘(4) PERCENTAGE OF YEAR FACTOR.—For earnings or not less than $15,000 in gross ‘‘(I) meets the requirements under clauses purposes of paragraph (1), the percentage of earnings from self-employment in the pre- (i)(I), (i)(II), and (ii)(II), and year factor is equal to the ratio of— ceding taxable year. ‘‘(II) has in effect rating rules that comply ‘‘(A) the number of months during the tax- ‘‘(B) STATE SMALL GROUP MARKET REQUIRE- with paragraph (2)(B) or (3) of section 3107(d) able year for which the employer paid or in- MENTS.—A State meets the requirements of of such Act, whichever is in effect for such curred qualified employee health insurance this subparagraph if— calendar year (except that such rules may expenses, and ‘‘(i) during calendar years 2010 and 2011, the impose limits on rating variation in addition ‘‘(B) 12. State— to those provided for in such section). ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For ‘‘(I) defines its small group market to in- ‘‘(2) QUALIFIED EMPLOYEE HEALTH INSUR- purposes of this section— clude groups of one (so that self-employed ANCE EXPENSES.— ‘‘(1) QUALIFIED SMALL EMPLOYER.— individuals are eligible for coverage in such ‘‘(A) IN GENERAL.—The term ‘qualified em- ‘‘(A) IN GENERAL.—The term ‘qualified market), ployee health insurance expenses’ means any small employer’ means any employer (as de- ‘‘(II) prohibits the use of health-status re- amount paid by an employer or an employee fined in section 3101(a)(4) of the Public lated factors and other factors described in of such employer for health insurance cov- Health Service Act) which— section 3107(d)(5)(A) of such Act, and erage under such Act to the extent such ‘‘(i) either— ‘‘(III) has in effect rating rules that comply amount is attributable to coverage— ‘‘(I) purchases health insurance coverage with section 3107(d)(5)(A) of such Act (except ‘‘(i) provided to any employee (as defined for its employees in a small group market in that such rules may impose limits on rating in subsection 3101(a)(3) of such Act), or a State which meets the requirements under variation in addition to those provided for in ‘‘(ii) for the employer, in the case of a self- subparagraph (B), or such section), employed individual. ‘‘(II) with respect to any taxable year be- ‘‘(ii) during calendar years 2012 and 2013, ‘‘(B) EXCEPTION FOR AMOUNTS PAID UNDER ginning after 2011, is a participating em- the State— SALARY REDUCTION ARRANGEMENTS.—No ployer (as defined in section 3101(a)(8) of such ‘‘(I) meets the requirements under clause amount paid or incurred for health insurance Act) in the program under title XXX of such (i), and coverage pursuant to a salary reduction ar- Act, ‘‘(II) maintains a State-wide purchasing rangement shall be taken into account under ‘‘(ii) pays or incurs at least 60 percent of pool that provides purchasers in the small subparagraph (A). the qualified employee health insurance ex- group market a choice of health benefit ‘‘(3) FULL-TIME EMPLOYEE.—The term ‘full- penses of such employer or is self-employed, plans, with comparative information pro- time employee’ means, with respect to any and vided concerning such plans and the pre- period, an employee (as defined in section ‘‘(iii) employed an average of 50 or fewer miums charged for such plans made avail- 3101(a)(3) of such Act) of an employer if the full-time employees during the preceding able through the Internet, and average number of hours worked by such em- taxable year or was a self-employed indi- ‘‘(iii) for calendar years after 2013, the ployee in the preceding taxable year for such vidual with either not less than $5,000 in net State— employer was at least 35 hours per week.

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‘‘(d) INFLATION ADJUSTMENT.— Internal Revenue Code of 1986 is amended by (9) Delayed diagnosis of inflammatory ‘‘(1) IN GENERAL.—For each taxable year adding at the end the following new items: bowel disease frequently results in more-ac- after 2010, the dollar amounts specified in ‘‘Sec. 45O. Small business employee health tive disease associated with increased mor- subsections (b)(2)(A), (b)(2)(B), and insurance credit.’’. bidity and complications. (c)(1)(A)(iii) (after the application of this (2) The table of sections for chapter 77 of (10) Congress has appropriated $3,480,000 paragraph) shall be the amounts in effect in such Code is amended by inserting after the from fiscal year 2005 to fiscal year 2009 for the preceding taxable year or, if greater, the item relating to section 7527 the following epidemiology research on inflammatory product of— new item: bowel disease through the Centers for Dis- ‘‘(A) the corresponding dollar amount spec- ‘‘Sec. 7527A. Advance payment of credit for ease Control and Prevention. ified in such subsection, and health insurance costs for (11) The National Institutes of Health Na- ‘‘(B) the ratio of the index of wage infla- qualified small employers.’’. tional Commission on Digestive Diseases tion (as determined by the Bureau of Labor (d) DEDUCTIBILITY.—The payment of pre- issued comprehensive research goals related Statistics) for August of the preceding cal- miums by a participating employer under to inflammatory bowel disease in its April endar year to such index of wage inflation this Act shall be considered to be an ordi- 2009 report to Congress and the American for August of 2009. nary and necessary expense in carrying on a public entitled; ‘‘Opportunities and Chal- ‘‘(2) ROUNDING.—If any amount determined trade or business for purposes of the Internal lenges in Digestive Diseases Research: Rec- under paragraph (1) is not a multiple of $100, Revenue Code of 1986 and shall be deductible. ommendations of the National Commission such amount shall be rounded to the next (e) EFFECTIVE DATE.—The amendments on Digestive Diseases’’. lowest multiple of $100. made by this section shall apply to amounts SEC. 3. ENHANCING PUBLIC HEALTH ACTIVITIES ‘‘(e) APPLICATION OF CERTAIN RULES IN DE- paid or incurred in taxable years beginning ON INFLAMMATORY BOWEL DISEASE TERMINATION OF EMPLOYER SIZE.—For pur- after December 31, 2009. AT THE CENTERS FOR DISEASE CON- poses of this section— TROL AND PREVENTION. ‘‘(1) APPLICATION OF AGGREGATION RULE FOR Part B of title III of the Public Health By Mr. REID: Service Act (42 U.S.C. 243 et seq.) is amended EMPLOYERS.—All persons treated as a single S. 981. A bill to support research and employer under subsection (b), (c), (m), or (o) by inserting after section 320A the following: of section 414 shall be treated as 1 employer. public awareness activities with re- ‘‘SEC. 320B. INFLAMMATORY BOWEL DISEASE EPI- ‘‘(2) EMPLOYERS NOT IN EXISTENCE IN PRE- spect to inflammatory bowel disease, DEMIOLOGY PROGRAM. CEDING YEAR.—In the case of an employer and for other purposes; to the Com- ‘‘(a) IN GENERAL.—The Secretary, acting which was not in existence for the full pre- mittee on Health, Education, Labor, through the Director of the Centers for Dis- ceding taxable year, the determination of and Pensions. ease Control and Prevention, shall conduct, whether such employer meets the require- Mr. REID. Mr. President, I ask unan- support and expand existing epidemiology research on inflammatory bowel disease in ments of this section shall be based on the imous consent that the text of the bill average number of full-time employees that both pediatric and adult populations. be printed in the RECORD. ‘‘(b) GRANTS.—The Secretary, acting it is reasonably expected such employer will There being no objection, the text of through the Director of the Centers for Dis- employ on business days in the employer’s ease Control and Prevention, may award first full taxable year. the bill was ordered to be printed in the RECORD, as follows: grants to, and enter into contracts and coop- ‘‘(3) PREDECESSORS.—Any reference in this erative agreements with, a patient or med- S. 981 subsection to an employer shall include a ical organization with expertise in con- reference to any predecessor of such em- Be it enacted by the Senate and House of Rep- ducting inflammatory bowel disease research ployer. resentatives of the United States of America in to develop and administer the epidemiology ‘‘(f) COORDINATION WITH ADVANCE PAY- Congress assembled, program. MENTS OF CREDIT.—With respect to any tax- SECTION 1. SHORT TITLE. ‘‘(c) RULE OF CONSTRUCTION.—Nothing in able year, the amount which would (but for This Act may be cited as the ‘‘Inflam- this section shall be construed to limit the this subsection) be allowed as a credit to the matory Bowel Disease Research and Aware- authority of the Centers for Disease Control taxpayer under subsection (a) shall be re- ness Act’’. and Prevention to support a pediatric induced by the aggregate amount paid on be- SEC. 2. FINDINGS. flammatory bowel disease patient registry. half of such taxpayer under section 7527A for ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— months beginning in such taxable year. If Congress finds the following: (1) Crohn’s disease and ulcerative colitis There are authorized to be appropriated to the amount determined under this sub- carry out this section, $1,500,000 for each of are serious inflammatory diseases of the gas- section is less than zero, the taxpayer shall the fiscal years 2010 through 2014. owe additional tax in such amount under trointestinal tract. (2) Crohn’s disease may occur in any sec- ‘‘SEC. 320C. INCREASING PUBLIC AWARENESS OF this chapter. INFLAMMATORY BOWEL DISEASE ‘‘(g) CREDITS FOR NONPROFIT ORGANIZA- tion of the gastrointestinal tract but is pre- AND IMPROVING HEALTH PROFES- TIONS.—Any credit which would be allowable dominately found in the lower part of the SIONAL EDUCATION. under subsection (a) with respect to a quali- small intestine and the large intestine. Ul- ‘‘(a) IN GENERAL.—The Secretary, acting fied small business if such qualified small cerative colitis is characterized by inflam- through the Director of the Centers for Dis- business were not exempt from tax under mation and ulceration of the innermost lin- ease Control and Prevention, shall award this chapter shall be treated as a credit al- ing of the colon. Complete removal of the grants to eligible entities for the purpose of lowable under this subpart to such qualified colon in patients with ulcerative colitis can increasing awareness of inflammatory bowel small business.’’. potentially alleviate and cure symptoms. disease among the general public and health (b) ADVANCE PAYMENTS OF CREDIT.—Chap- (3) Because Crohn’s disease and ulcerative care providers. ter 77 of the Internal Revenue Code of 1986 is colitis behave similarly, they are collec- ‘‘(b) USE OF FUNDS.—An eligible entity amended by inserting after section 7527 the tively known as inflammatory bowel disease. shall use grant funds under this section to following new section: Both diseases present a variety of symptoms, develop educational materials and conduct ‘‘SEC. 7527A. ADVANCE PAYMENT OF CREDIT FOR including severe diarrhea, abdominal pain awareness programs focused on the following HEALTH INSURANCE COSTS FOR with cramps, fever, arthritic joint pain, in- subjects: QUALIFIED SMALL EMPLOYERS. flammation of the eye, and rectal bleeding. ‘‘(1) Crohn’s disease and ulcerative colitis, ‘‘(a) GENERAL RULE.—Not later than De- There is no known cause of inflammatory and their symptoms. cember 31, 2009, the Secretary shall establish bowel disease, or medical cure. ‘‘(2) Testing required for appropriate diag- a program for making monthly payments on (4) It is estimated that up to 1,400,000 peo- nosis, and the importance of accurate and behalf of qualified small employers to the ple in the United States suffer from inflam- early diagnosis. program established under title XXX of the matory bowel disease, 30 percent of whom ‘‘(3) Key differences between pediatric and Public Health Service Act. The amount of the monthly payment for a qualified small are diagnosed during their childhood years. adult disease. employer shall be one-twelfth of the amount (5) Children with inflammatory bowel dis- ‘‘(4) Specific physical and psychosocial of the credit for the tax year to which the ease miss school activities because of bloody issues impacting pediatric patients, includ- qualified small employer is entitled under diarrhea and abdominal pain, and many ing stunted growth, malnutrition, delayed section 36. If a monthly payment is made by adults who had onset of inflammatory bowel puberty, and depression. the Secretary for which the employer is not disease as children had delayed puberty and ‘‘(5) Treatment options for both adult and entitled to a corresponding credit, the em- impaired growth and have never reached pediatric patients. ployer shall owe additional tax in such their full genetic growth potential. ‘‘(6) The importance of identifying aggres- amount under this chapter. (6) Inflammatory bowel disease patients sive disease in children at an early stage in ‘‘(b) QUALIFIED SMALL EMPLOYER.—For are at high risk for developing colorectal order to implement the most effective treat- purposes of this section, the term ‘qualified cancer. ment protocol. small employer’ has the meaning given such (7) The total annual medical costs for in- ‘‘(7) Complications of inflammatory bowel term in section 36(c)(1).’’. flammatory bowel disease patients are esti- disease and related secondary conditions, in- (c) CONFORMING AMENDMENTS.— mated at more than $2,000,000,000. cluding colorectal cancer. (1) The table of sections for subpart D of (8) The average time from presentation of ‘‘(8) Federal and private information re- part IV of subchapter A of chapter 1 of the symptoms to diagnosis in children is 3 years. sources for patients and physicians.

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.061 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5143 ‘‘(9) Incidence and prevalence data on pedi- flammatory bowel disease research at the TITLE III—PREVENTION OF ILLICIT atric and adult inflammatory bowel disease. National Institutes of Health. TRADE IN TOBACCO PRODUCTS ‘‘(c) ELIGIBLE ENTITY.—For purposes of this Sec. 301. Labeling, recordkeeping, records section, the term ‘eligible entity’ means a By Mr. REID (for Mr. KENNEDY inspection. patient or medical organization with experi- (for himself, Mr. DODD, Ms. COL- Sec. 302. Study and report. ence in serving adults and children with in- LINS, Mr. HARKIN, Ms. SNOWE, SEC. 2. FINDINGS. flammatory bowel disease. The Congress finds the following: ‘‘(d) REPORT TO CONGRESS.—Not later than Mr. DURBIN, Mr. LUGAR, Ms. MI- (1) The use of tobacco products by the Na- September 30, 2010, the Secretary shall sub- KULSKI, Mr. REED, Mrs. MUR- tion’s children is a pediatric disease of con- mit to the Committee on Energy and Com- RAY, Mr. REID, Mr. BINGAMAN, siderable proportions that results in new merce of the House of Representatives, the Mr. SANDERS, Mr. BROWN, Mr. generations of tobacco-dependent children Committee on Health, Education, Labor, and CASEY, Mr. MERKLEY, Mr. Pensions of the Senate, and the Committee and adults. WHITEHOUSE, Mr. LEAHY, Mr. on Appropriations of the House of Represent- (2) A consensus exists within the scientific atives and the Senate, a report regarding the LAUTENBERG, Mr. KERRY, Mr. and medical communities that tobacco prod- status of activities carried out under this SCHUMER, Mr. LIEBERMAN, Mrs. ucts are inherently dangerous and cause can- section. FEINSTEIN, Mr. LEVIN, Mr. BAU- cer, heart disease, and other serious adverse ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— CUS, Mr. WYDEN, Mr. AKAKA, health effects. (3) Nicotine is an addictive drug. For the purpose of carrying out this section, Mr. NELSON, of Florida, Ms. (4) Virtually all new users of tobacco prod- there is authorized to be appropriated such LANDRIEU, Mr. CARPER, Mrs. sums as may be necessary for each of fiscal ucts are under the minimum legal age to GILLIBRAND, Mr. BENNET, Mr. years 2010 through 2014.’’. purchase such products. BEGICH, Mr. BURRIS, Mr. KAUF- SEC. 4. EXPANSION OF BIOMEDICAL RESEARCH (5) Tobacco advertising and marketing ON INFLAMMATORY BOWEL DIS- MAN, Mr. UDALL, of New Mex- contribute significantly to the use of nico- EASE. ico, Mr. UDALL, of Colorado, tine-containing tobacco products by adoles- (a) SENSE OF CONGRESS.—It is the sense of Mr. KOHL, Mr. FEINGOLD, Ms. cents. Congress that— CANTWELL, and Mrs. LINCOLN)): (6) Because past efforts to restrict adver- (1) the Secretary of Health and Human S. 982. A bill to protect the public tising and marketing of tobacco products Services, acting through the Director of the have failed adequately to curb tobacco use National Institutes of Health and the Direc- health by providing the Food and Drug by adolescents, comprehensive restrictions tor of the National Institute of Diabetes and Administration with certain authority on the sale, promotion, and distribution of Digestive and Kidney Diseases (in this sec- to regulate tobacco products; to the such products are needed. tion referred to as the Institute), should ag- Committee on Health, Education, (7) Federal and State governments have gressively support basic, translational, and Labor, and Pensions. lacked the legal and regulatory authority clinical research designed to meet the re- Mr. KENNEDY. Mr. President, I ask and resources they need to address com- search goals for inflammatory bowel disease unanimous consent that the text of the prehensively the public health and societal included in the National Institutes of Health problems caused by the use of tobacco prod- bill be printed in the RECORD. National Commission on Digestive Diseases ucts. report entitled ‘‘Opportunities and Chal- There being no objection, the text of (8) Federal and State public health offi- lenges in Digestive Diseases Research: Rec- the bill was ordered to be placed in the cials, the public health community, and the ommendations of the National Commission RECORD, as follows: public at large recognize that the tobacco in- on Digestive Diseases’’, which shall include— S. 982 dustry should be subject to ongoing over- (A) establishing an objective basis for de- sight. Be it enacted by the Senate and House of Rep- termining clinical diagnosis, detailed pheno- (9) Under article I, section 8 of the Con- resentatives of the United States of America in type, and disease activity in inflammatory stitution, the Congress is vested with the re- Congress assembled, bowel disease; sponsibility for regulating interstate com- (B) developing an individualized approach SECTION 1. SHORT TITLE; TABLE OF CONTENTS. merce and commerce with Indian tribes. to inflammatory bowel disease risk evalua- (a) SHORT TITLE.—This Act may be cited as (10) The sale, distribution, marketing, ad- tion and management based on genetic sus- the ‘‘Family Smoking Prevention and To- vertising, and use of tobacco products are ac- ceptibility; bacco Control Act’’. tivities in and substantially affecting inter- (C) modulating the intestinal microflora to (b) TABLE OF CONTENTS.—The table of con- state commerce because they are sold, mar- prevent or control inflammatory bowel dis- tents of this Act is as follows: keted, advertised, and distributed in inter- ease; Sec. 1. Short title; table of contents. state commerce on a nationwide basis, and (D) effectively modulating the mucosal im- Sec. 2. Findings. have a substantial effect on the Nation’s mune system to prevent or ameliorate in- Sec. 3. Purpose. economy. (11) The sale, distribution, marketing, ad- flammatory bowel disease; Sec. 4. Scope and effect. vertising, and use of such products substan- (E) sustaining the health of the mucosal Sec. 5. Severability. surface; tially affect interstate commerce through (F) promoting regeneration and repair of TITLE I—AUTHORITY OF THE FOOD AND the health care and other costs attributable injury in inflammatory bowel disease; DRUG ADMINISTRATION to the use of tobacco products. (G) providing effective tools for clinical Sec. 101. Amendment of Federal Food, Drug, (12) It is in the public interest for Congress evaluation and intervention in inflammatory and Cosmetic Act. to enact legislation that provides the Food bowel disease; and Sec. 102. Final rule. and Drug Administration with the authority (H) ameliorating or preventing adverse ef- Sec. 103. Conforming and other amendments to regulate tobacco products and the adver- fects of inflammatory bowel disease on to general provisions. tising and promotion of such products. The growth and development in children and ado- Sec. 104. Study on raising the minimum age benefits to the American people from enact- lescents; to purchase tobacco products. ing such legislation would be significant in (2) the Institute should support the train- Sec. 105. Enforcement action plan for adver- human and economic terms. ing of qualified health professionals in bio- tising and promotion restric- (13) Tobacco use is the foremost prevent- medical research focused on inflammatory tions. able cause of premature death in America. It causes over 400,000 deaths in the United bowel disease, including pediatric investiga- TITLE II—TOBACCO PRODUCT WARN- States each year, and approximately 8,600,000 tors; and INGS; CONSTITUENT AND SMOKE CON- Americans have chronic illnesses related to (3) the Institute should continue its strong STITUENT DISCLOSURE collaboration with medical and patient orga- smoking. nizations concerned with inflammatory Sec. 201. Cigarette label and advertising (14) Reducing the use of tobacco by minors bowel disease and seek opportunities to pro- warnings. by 50 percent would prevent well over mote research identified in the scientific Sec. 202. Authority to revise cigarette warn- 10,000,000 of today’s children from becoming agendas ‘‘Challenges in Inflammatory Bowel ing label statements. regular, daily smokers, saving over 3,000,000 Disease Research’’ (Crohn’s and Colitis Sec. 203. State regulation of cigarette adver- of them from premature death due to to- Foundation of America) and ‘‘Chronic In- tising and promotion. bacco-induced disease. Such a reduction in flammatory Bowel Disease’’ (North Amer- Sec. 204. Smokeless tobacco labels and ad- youth smoking would also result in approxi- ican Society for Pediatric Gastroenterology, vertising warnings. mately $75,000,000,000 in savings attributable Hepatology and Nutrition). Sec. 205. Authority to revise smokeless to- to reduced health care costs. (b) BIENNIAL REPORTS.—As part of the bien- bacco product warning label (15) Advertising, marketing, and promotion nial report submitted under section 403 of statements. of tobacco products have been especially di- the Public Health Service Act (42 U.S.C. 283), Sec. 206. Tar, nicotine, and other smoke con- rected to attract young persons to use to- the Secretary of Health and Human Services stituent disclosure to the pub- bacco products, and these efforts have re- shall include information on the status of in- lic. sulted in increased use of such products by

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Federal Government’s substantial interest in As the National Cancer Institute has also (16) In 2005, the cigarette manufacturers reducing the number of children and adoles- found, mistaken beliefs about the health spent more than $13,000,000,000 to attract new cents who use cigarettes and smokeless to- consequences of smoking ‘‘low tar’’ and users, retain current users, increase current bacco and in preventing the life-threatening ‘‘light’’ cigarettes can reduce the motivation consumption, and generate favorable long- health consequences associated with tobacco to quit smoking entirely and thereby lead to term attitudes toward smoking and tobacco use. An overwhelming majority of Americans disease and death. use. who use tobacco products begin using such (39) Recent studies have demonstrated that (17) Tobacco product advertising often products while they are minors and become there has been no reduction in risk on a pop- misleadingly portrays the use of tobacco as addicted to the nicotine in those products ulation-wide basis from ‘‘low tar’’ and socially acceptable and healthful to minors. before reaching the age of 18. Tobacco adver- ‘‘light’’ cigarettes, and such products may (18) Tobacco product advertising is regu- tising and promotion play a crucial role in actually increase the risk of tobacco use. larly seen by persons under the age of 18, and the decision of these minors to begin using (40) The dangers of products sold or distrib- persons under the age of 18 are regularly ex- tobacco products. Less restrictive and less uted as modified risk tobacco products that posed to tobacco product promotional ef- comprehensive approaches have not and will do not in fact reduce risk are so high that forts. not be effective in reducing the problems ad- there is a compelling governmental interest (19) Through advertisements during and dressed by such regulations. The reasonable in ensuring that statements about modified sponsorship of sporting events, tobacco has restrictions on the advertising and pro- risk tobacco products are complete, accu- become strongly associated with sports and motion of tobacco products contained in rate, and relate to the overall disease risk of has become portrayed as an integral part of such regulations will lead to a significant de- the product. sports and the healthy lifestyle associated crease in the number of minors using and be- (41) As the Federal Trade Commission has with rigorous sporting activity. coming addicted to those products. found, consumers have misinterpreted adver- (20) Children are exposed to substantial (32) The regulations described in paragraph tisements in which one product is claimed to and unavoidable tobacco advertising that (30) impose no more extensive restrictions on be less harmful than a comparable product, leads to favorable beliefs about tobacco use, communication by tobacco manufacturers even in the presence of disclosures and plays a role in leading young people to over- and sellers than are necessary to reduce the advisories intended to provide clarification. estimate the prevalence of tobacco use, and number of children and adolescents who use (42) Permitting manufacturers to make un- increases the number of young people who cigarettes and smokeless tobacco and to pre- substantiated statements concerning modi- begin to use tobacco. vent the life-threatening health con- fied risk tobacco products, whether express (21) The use of tobacco products in motion sequences associated with tobacco use. Such or implied, even if accompanied by dis- pictures and other mass media glamorizes its regulations are narrowly tailored to restrict claimers would be detrimental to the public use for young people and encourages them to those advertising and promotional practices health. use tobacco products. which are most likely to be seen or heard by (43) The only way to effectively protect the (22) Tobacco advertising expands the size of youth and most likely to entice them into public health from the dangers of unsubstan- the tobacco market by increasing consump- tobacco use, while affording tobacco manu- tiated modified risk tobacco products is to tion of tobacco products including tobacco facturers and sellers ample opportunity to empower the Food and Drug Administration use by young people. convey information about their products to to require that products that tobacco manu- (23) Children are more influenced by to- adult consumers. facturers sold or distributed for risk reduc- bacco marketing than adults: more than 80 (33) Tobacco dependence is a chronic dis- tion be reviewed in advance of marketing, percent of youth smoke three heavily mar- ease, one that typically requires repeated and to require that the evidence relied on to keted brands, while only 54 percent of adults, interventions to achieve long-term or perma- support claims be fully verified. 26 and older, smoke these same brands. nent abstinence. (44) The Food and Drug Administration is (24) Tobacco company documents indicate (34) Because the only known safe alter- a regulatory agency with the scientific ex- that young people are an important and native to smoking is cessation, interventions pertise to identify harmful substances in often crucial segment of the tobacco market. should target all smokers to help them quit products to which consumers are exposed, to Children, who tend to be more price sensitive completely. design standards to limit exposure to those than adults, are influenced by advertising (35) Tobacco products have been used to fa- substances, to evaluate scientific studies and promotion practices that result in dras- cilitate and finance criminal activities both supporting claims about the safety of prod- tically reduced cigarette prices. domestically and internationally. Illicit ucts, and to evaluate the impact of labels, la- (25) Comprehensive advertising restrictions trade of tobacco products has been linked to beling, and advertising on consumer behav- will have a positive effect on the smoking organized crime and terrorist groups. ior in order to reduce the risk of harm and rates of young people. (36) It is essential that the Food and Drug promote understanding of the impact of the (26) Restrictions on advertising are nec- Administration review products sold or dis- product on health. In connection with its essary to prevent unrestricted tobacco ad- tributed for use to reduce risks or exposures mandate to promote health and reduce the vertising from undermining legislation pro- associated with tobacco products and that it risk of harm, the Food and Drug Administra- hibiting access to young people and pro- be empowered to review any advertising and tion routinely makes decisions about wheth- viding for education about tobacco use. labeling for such products. It is also essen- er and how products may be marketed in the (27) International experience shows that tial that manufacturers, prior to marketing United States. advertising regulations that are stringent such products, be required to demonstrate (45) The Federal Trade Commission was and comprehensive have a greater impact on that such products will meet a series of rig- created to protect consumers from unfair or overall tobacco use and young people’s use orous criteria, and will benefit the health of deceptive acts or practices, and to regulate than weaker or less comprehensive ones. the population as a whole, taking into ac- unfair methods of competition. Its focus is (28) Text only requirements, although not count both users of tobacco products and on those marketplace practices that deceive as stringent as a ban, will help reduce under- persons who do not currently use tobacco or mislead consumers, and those that give age use of tobacco products while preserving products. some competitors an unfair advantage. Its the informational function of advertising. (37) Unless tobacco products that purport mission is to regulate activities in the mar- (29) It is in the public interest for Congress to reduce the risks to the public of tobacco ketplace. Neither the Federal Trade Com- to adopt legislation to address the public use actually reduce such risks, those prod- mission nor any other Federal agency except health crisis created by actions of the to- ucts can cause substantial harm to the pub- the Food and Drug Administration possesses bacco industry. lic health to the extent that the individuals, the scientific expertise needed to implement (30) The final regulations promulgated by who would otherwise not consume tobacco effectively all provisions of the Family the Secretary of Health and Human Services products or would consume such products Smoking Prevention and Tobacco Control in the August 28, 1996, issue of the Federal less, use tobacco products purporting to re- Act. Register (61 Fed. Reg. 44615–44618) for inclu- duce risk. Those who use products sold or (46) If manufacturers state or imply in sion as part 897 of title 21, Code of Federal distributed as modified risk products that do communications directed to consumers Regulations, are consistent with the first not in fact reduce risk, rather than quitting through the media or through a label, label- amendment to the United States Constitu- or reducing their use of tobacco products, ing, or advertising, that a tobacco product is tion and with the standards set forth in the have a substantially increased likelihood of approved or inspected by the Food and Drug amendments made by this subtitle for the suffering disability and premature death. Administration or complies with Food and regulation of tobacco products by the Food The costs to society of the widespread use of Drug Administration standards, consumers and Drug Administration, and the restric- products sold or distributed as modified risk are likely to be confused and misled. Depend- tion on the sale and distribution of, includ- products that do not in fact reduce risk or ing upon the particular language used and ing access to and the advertising and pro- that increase risk include thousands of units context, such a statement could result in motion of, tobacco products contained in necessary deaths and injuries and huge costs consumers being misled into believing that such regulations are substantially related to to our health care system. the product is endorsed by the Food and accomplishing the public health goals of this (38) As the National Cancer Institute has Drug Administration for use or in consumers Act. found, many smokers mistakenly believe being misled about the harmfulness of the

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product because of such regulation, inspec- take certain actions with regard to tobacco ‘‘(3) CIGARETTE.—The term ‘cigarette’— tion, approval, or compliance. and tobacco products shall not be construed ‘‘(A) means a product that— (47) In August 2006 a United States district to affect any authority of the Secretary of ‘‘(i) is a tobacco product; and court judge found that the major United Agriculture under existing law regarding the ‘‘(ii) meets the definition of the term ‘ciga- States cigarette companies continue to tar- growing, cultivation, or curing of raw to- rette’ in section 3(1) of the Federal Cigarette get and market to youth. USA v. Philip Mor- bacco. Labeling and Advertising Act; and ris, USA, Inc., et al. (Civil Action No. 99–2496 (c) REVENUE ACTIVITIES.—The provisions of ‘‘(B) includes tobacco, in any form, that is (GK), August 17, 2006). this Act (or an amendment made by this functional in the product, which, because of (48) In August 2006 a United States district Act) which authorize the Secretary to take its appearance, the type of tobacco used in court judge found that the major United certain actions with regard to tobacco prod- the filler, or its packaging and labeling, is States cigarette companies dramatically in- ucts shall not be construed to affect any au- likely to be offered to, or purchased by, con- creased their advertising and promotional thority of the Secretary of the Treasury sumers as a cigarette or as roll-your-own to- spending in ways that encourage youth to under chapter 52 of the Internal Revenue bacco. start smoking subsequent to the signing of Code of 1986. ‘‘(4) CIGARETTE TOBACCO.—The term ‘ciga- the Master Settlement Agreement in 1998. SEC. 5. SEVERABILITY. rette tobacco’ means any product that con- USA v. Philip Morris, USA, Inc., et al. (Civil If any provision of this Act, of the amend- sists of loose tobacco that is intended for use Action No. 99–2496 (GK), August 17, 2006). ments made by this Act, or of the regula- by consumers in a cigarette. Unless other- (49) In August 2006 a United States district tions promulgated under this Act (or under wise stated, the requirements applicable to cigarettes under this chapter shall also apply court judge found that the major United such amendments), or the application of any to cigarette tobacco. States cigarette companies have designed such provision to any person or cir- ‘‘(5) COMMERCE.—The term ‘commerce’ has their cigarettes to precisely control nicotine cumstance is held to be invalid, the remain- the meaning given that term by section 3(2) delivery levels and provide doses of nicotine der of this Act, such amendments and such of the Federal Cigarette Labeling and Adver- sufficient to create and sustain addiction regulations, and the application of such pro- tising Act. while also concealing much of their nicotine- visions to any other person or circumstance ‘‘(6) COUNTERFEIT TOBACCO PRODUCT.—The related research. USA v. Philip Morris, USA, shall not be affected and shall continue to be term ‘counterfeit tobacco product’ means a Inc., et al. (Civil Action No. 99–2496 (GK), Au- enforced to the fullest extent possible. gust 17, 2006). tobacco product (or the container or labeling TITLE I—AUTHORITY OF THE FOOD AND of such a product) that, without authoriza- SEC. 3. PURPOSE. DRUG ADMINISTRATION tion, bears the trademark, trade name, or The purposes of this Act are— other identifying mark, imprint, or device, (1) to provide authority to the Food and SEC. 101. AMENDMENT OF FEDERAL FOOD, DRUG, AND COSMETIC ACT. or any likeness thereof, of a tobacco product Drug Administration to regulate tobacco (a) DEFINITION OF TOBACCO PRODUCTS.—Sec- listed in a registration under section products under the Federal Food, Drug, and tion 201 of the Federal Food, Drug, and Cos- 905(i)(1). Cosmetic Act (21 U.S.C. 301 et seq.), by recog- metic Act (21 U.S.C. 321) is amended by add- ‘‘(7) DISTRIBUTOR.—The term ‘distributor’ nizing it as the primary Federal regulatory ing at the end the following: as regards a tobacco product means any per- authority with respect to the manufacture, ‘‘(rr)(1) The term ‘tobacco product’ means son who furthers the distribution of a to- marketing, and distribution of tobacco prod- any product made or derived from tobacco bacco product, whether domestic or im- ucts as provided for in this Act; that is intended for human consumption, in- ported, at any point from the original place (2) to ensure that the Food and Drug Ad- cluding any component, part, or accessory of of manufacture to the person who sells or ministration has the authority to address a tobacco product (except for raw materials distributes the product to individuals for issues of particular concern to public health other than tobacco used in manufacturing a personal consumption. Common carriers are officials, especially the use of tobacco by component, part, or accessory of a tobacco not considered distributors for purposes of young people and dependence on tobacco; product). this chapter. (3) to authorize the Food and Drug Admin- ‘‘(2) The term ‘tobacco product’ does not ‘‘(8) ILLICIT TRADE.—The term ‘illicit trade’ istration to set national standards control- mean an article that is a drug under sub- means any practice or conduct prohibited by ling the manufacture of tobacco products section (g)(1), a device under subsection (h), law which relates to production, shipment, and the identity, public disclosure, and or a combination product described in sec- receipt, possession, distribution, sale, or pur- amount of ingredients used in such products; tion 503(g). chase of tobacco products including any (4) to provide new and flexible enforcement ‘‘(3) The products described in paragraph practice or conduct intended to facilitate authority to ensure that there is effective (2) shall be subject to chapter V of this Act. such activity. oversight of the tobacco industry’s efforts to ‘‘(4) A tobacco product shall not be mar- ‘‘(9) INDIAN COUNTRY.—The term ‘Indian develop, introduce, and promote less harmful keted in combination with any other article country’ has the meaning given such term in tobacco products; or product regulated under this Act (includ- section 1151 of title 18, United States Code. (5) to vest the Food and Drug Administra- ing a drug, biologic, food, cosmetic, medical ‘‘(10) INDIAN TRIBE.—The term ‘Indian tion with the authority to regulate the lev- device, or a dietary supplement).’’. tribe’ has the meaning given such term in els of tar, nicotine, and other harmful com- (b) FDA AUTHORITY OVER TOBACCO PROD- section 4(e) of the Indian Self-Determination ponents of tobacco products; UCTS.—The Federal Food, Drug, and Cos- and Education Assistance Act. (6) in order to ensure that consumers are metic Act (21 U.S.C. 301 et seq.) is amended— ‘‘(11) LITTLE CIGAR.—The term ‘little cigar’ better informed, to require tobacco product (1) by redesignating chapter IX as chapter means a product that— manufacturers to disclose research which X; ‘‘(A) is a tobacco product; and has not previously been made available, as (2) by redesignating sections 901 through ‘‘(B) meets the definition of the term ‘little well as research generated in the future, re- 910 as sections 1001 through 1010; and cigar’ in section 3(7) of the Federal Cigarette lating to the health and dependency effects (3) by inserting after chapter VIII the fol- Labeling and Advertising Act. or safety of tobacco products; lowing: ‘‘(12) NICOTINE.—The term ‘nicotine’ means (7) to continue to permit the sale of to- the chemical substance named 3-(1-Methyl-2- bacco products to adults in conjunction with ‘‘CHAPTER IX—TOBACCO PRODUCTS pyrrolidinyl) pyridine or C[10]H[14]N[2], in- measures to ensure that they are not sold or ‘‘SEC. 900. DEFINITIONS. cluding any salt or complex of nicotine. accessible to underage purchasers; ‘‘In this chapter: ‘‘(13) PACKAGE.—The term ‘package’ means (8) to impose appropriate regulatory con- ‘‘(1) ADDITIVE.—The term ‘additive’ means a pack, box, carton, or container of any kind trols on the tobacco industry; any substance the intended use of which re- or, if no other container, any wrapping (in- (9) to promote cessation to reduce disease sults or may reasonably be expected to re- cluding cellophane), in which a tobacco prod- risk and the social costs associated with to- sult, directly or indirectly, in its becoming a uct is offered for sale, sold, or otherwise dis- bacco-related diseases; and component or otherwise affecting the char- tributed to consumers. (10) to strengthen legislation against illicit acteristic of any tobacco product (including ‘‘(14) RETAILER.—The term ‘retailer’ means trade in tobacco products. any substances intended for use as a fla- any person, government, or entity who sells SEC. 4. SCOPE AND EFFECT. voring or coloring or in producing, manufac- tobacco products to individuals for personal (a) INTENDED EFFECT.—Nothing in this Act turing, packing, processing, preparing, treat- consumption, or who operates a facility (or an amendment made by this Act) shall be ing, packaging, transporting, or holding), ex- where self-service displays of tobacco prod- construed to— cept that such term does not include tobacco ucts are permitted. (1) establish a precedent with regard to any or a pesticide chemical residue in or on raw ‘‘(15) ROLL-YOUR-OWN TOBACCO.—The term other industry, situation, circumstance, or tobacco or a pesticide chemical. ‘roll-your-own tobacco’ means any tobacco legal action; or ‘‘(2) BRAND.—The term ‘brand’ means a va- product which, because of its appearance, (2) affect any action pending in Federal, riety of tobacco product distinguished by the type, packaging, or labeling, is suitable for State, or Tribal court, or any agreement, tobacco used, tar content, nicotine content, use and likely to be offered to, or purchased consent decree, or contract of any kind. flavoring used, size, filtration, packaging, by, consumers as tobacco for making ciga- (b) AGRICULTURAL ACTIVITIES.—The provi- logo, registered trademark, brand name, rettes. sions of this Act (or an amendment made by identifiable pattern of colors, or any com- ‘‘(16) SMALL TOBACCO PRODUCT MANUFAC- this Act) which authorize the Secretary to bination of such attributes. TURER.—The term ‘small tobacco product

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.074 S05MYPT1 smartinez on PROD1PC64 with SENATE S5146 CONGRESSIONAL RECORD — SENATE May 5, 2009 manufacturer’ means a tobacco product bacco and to any other tobacco products ‘‘(2) it has been prepared, packed, or held manufacturer that employs fewer than 350 that the Secretary by regulation deems to be under insanitary conditions whereby it may employees. For purposes of determining the subject to this chapter. have been contaminated with filth, or where- number of employees of a manufacturer ‘‘(c) SCOPE.— by it may have been rendered injurious to under the preceding sentence, the employees ‘‘(1) IN GENERAL.—Nothing in this chapter, health; of a manufacturer are deemed to include the or any policy issued or regulation promul- ‘‘(3) its package is composed, in whole or in employees of each entity that controls, is gated thereunder, or in sections 101(a), 102, part, of any poisonous or deleterious sub- controlled by, or is under common control or 103 of title I, title II, or title III of the stance which may render the contents inju- with such manufacturer. Family Smoking Prevention and Tobacco rious to health; ‘‘(17) SMOKE CONSTITUENT.—The term Control Act, shall be construed to affect, ex- ‘‘(4) the manufacturer or importer of the ‘smoke constituent’ means any chemical or pand, or limit the Secretary’s authority over tobacco product fails to pay a user fee as- chemical compound in mainstream or (including the authority to determine wheth- sessed to such manufacturer or importer pur- sidestream tobacco smoke that either trans- er products may be regulated), or the regula- suant to section 919 by the date specified in fers from any component of the cigarette to tion of, products under this Act that are not section 919 or by the 30th day after final the smoke or that is formed by the combus- tobacco products under chapter V or any agency action on a resolution of any dispute tion or heating of tobacco, additives, or other chapter. as to the amount of such fee; other component of the tobacco product. ‘‘(2) LIMITATION OF AUTHORITY.— ‘‘(5) it is, or purports to be or is rep- ‘‘(18) SMOKELESS TOBACCO.—The term ‘‘(A) IN GENERAL.—The provisions of this resented as, a tobacco product which is sub- ‘smokeless tobacco’ means any tobacco prod- chapter shall not apply to tobacco leaf that ject to a tobacco product standard estab- uct that consists of cut, ground, powdered, or is not in the possession of a manufacturer of lished under section 907 unless such tobacco leaf tobacco and that is intended to be placed tobacco products, or to the producers of to- product is in all respects in conformity with in the oral or nasal cavity. bacco leaf, including tobacco growers, to- such standard; ‘‘(19) STATE; TERRITORY.—The terms ‘State’ bacco warehouses, and tobacco grower co- ‘‘(6)(A) it is required by section 910(a) to and ‘Territory’ shall have the meanings operatives, nor shall any employee of the have premarket review and does not have an given to such terms in section 201. Food and Drug Administration have any au- order in effect under section 910(c)(1)(A)(i); ‘‘(20) TOBACCO PRODUCT MANUFACTURER.— thority to enter onto a farm owned by a pro- or The term ‘tobacco product manufacturer’ ducer of tobacco leaf without the written ‘‘(B) it is in violation of an order under sec- means any person, including any repacker or consent of such producer. tion 910(c)(1)(A); relabeler, who— ‘‘(B) EXCEPTION.—Notwithstanding sub- ‘‘(7) the methods used in, or the facilities ‘‘(A) manufactures, fabricates, assembles, paragraph (A), if a producer of tobacco leaf is or controls used for, its manufacture, pack- processes, or labels a tobacco product; or also a tobacco product manufacturer or con- ing, or storage are not in conformity with ‘‘(B) imports a finished tobacco product for trolled by a tobacco product manufacturer, applicable requirements under section sale or distribution in the United States. the producer shall be subject to this chapter 906(e)(1) or an applicable condition pre- ‘‘(21) TOBACCO WAREHOUSE.— in the producer’s capacity as a manufac- scribed by an order under section 906(e)(2); or ‘‘(A) Subject to subparagraphs (B) and (C), turer. The exception in this subparagraph ‘‘(8) it is in violation of section 911. the term ‘tobacco warehouse’ includes any shall not apply to a producer of tobacco leaf ‘‘SEC. 903. MISBRANDED TOBACCO PRODUCTS. person— who grows tobacco under a contract with a ‘‘(a) IN GENERAL.—A tobacco product shall ‘‘(i) who— tobacco product manufacturer and who is ‘‘(I) removes foreign material from tobacco be deemed to be misbranded— not otherwise engaged in the manufacturing ‘‘(1) if its labeling is false or misleading in leaf through nothing other than a mechan- process. ical process; any particular; ‘‘(C) RULE OF CONSTRUCTION.—Nothing in ‘‘(2) if in package form unless it bears a ‘‘(II) humidifies tobacco leaf with nothing this chapter shall be construed to grant the other than potable water in the form of label containing— Secretary authority to promulgate regula- ‘‘(A) the name and place of business of the steam or mist; or tions on any matter that involves the pro- ‘‘(III) de-stems, dries, and packs tobacco tobacco product manufacturer, packer, or duction of tobacco leaf or a producer thereof, distributor; leaf for storage and shipment; other than activities by a manufacturer af- ‘‘(ii) who performs no other actions with ‘‘(B) an accurate statement of the quantity fecting production. of the contents in terms of weight, measure, respect to tobacco leaf; and ‘‘(d) RULEMAKING PROCEDURES.—Each rule- or numerical count; ‘‘(iii) who provides to any manufacturer to making under this chapter shall be in ac- ‘‘(C) an accurate statement of the percent- whom the person sells tobacco all informa- cordance with chapter 5 of title 5, United age of the tobacco used in the product that tion related to the person’s actions described States Code. This subsection shall not be is domestically grown tobacco and the per- in clause (i) that is necessary for compliance construed to affect the rulemaking provi- centage that is foreign grown tobacco; and with this Act. sions of section 102(a) of the Family Smok- ‘‘(D) the statement required under section ‘‘(B) The term ‘tobacco warehouse’ ex- ing Prevention and Tobacco Control Act. cludes any person who— ‘‘(e) CENTER FOR TOBACCO PRODUCTS.—Not 920(a), ‘‘(i) reconstitutes tobacco leaf; later than 90 days after the date of enact- except that under subparagraph (B) reason- ‘‘(ii) is a manufacturer, distributor, or re- ment of the Family Smoking Prevention and able variations shall be permitted, and ex- tailer of a tobacco product; or Tobacco Control Act, the Secretary shall es- emptions as to small packages shall be es- ‘‘(iii) applies any chemical, additive, or tablish within the Food and Drug Adminis- tablished, by regulations prescribed by the substance to the tobacco leaf other than po- tration the Center for Tobacco Products, Secretary; table water in the form of steam or mist. which shall report to the Commissioner of ‘‘(3) if any word, statement, or other infor- ‘‘(C) The definition of the term ‘tobacco Food and Drugs in the same manner as the mation required by or under authority of warehouse’ in subparagraph (A) shall not other agency centers within the Food and this chapter to appear on the label or label- apply to the extent to which the Secretary Drug Administration. The Center shall be re- ing is not prominently placed thereon with determines, through rulemaking, that regu- sponsible for the implementation of this such conspicuousness (as compared with lation under this chapter of the actions de- chapter and related matters assigned by the other words, statements, or designs in the la- scribed in such subparagraph is appropriate Commissioner. beling) and in such terms as to render it for the protection of the public health. ‘‘(f) OFFICE TO ASSIST SMALL TOBACCO likely to be read and understood by the ordi- ‘‘(22) UNITED STATES.—The term ‘United PRODUCT MANUFACTURERS.—The Secretary nary individual under customary conditions States’ means the 50 States of the United shall establish within the Food and Drug Ad- of purchase and use; States of America and the District of Colum- ministration an identifiable office to provide ‘‘(4) if it has an established name, unless bia, the Commonwealth of Puerto Rico, technical and other nonfinancial assistance its label bears, to the exclusion of any other Guam, the Virgin Islands, American Samoa, to small tobacco product manufacturers to nonproprietary name, its established name Wake Island, Midway Islands, Kingman Reef, assist them in complying with the require- prominently printed in type as required by Johnston Atoll, the Northern Mariana Is- ments of this Act. the Secretary by regulation; lands, and any other trust territory or pos- ‘‘(g) CONSULTATION PRIOR TO RULE- ‘‘(5) if the Secretary has issued regulations session of the United States. MAKING.—Prior to promulgating rules under requiring that its labeling bear adequate di- this chapter, the Secretary shall endeavor to rections for use, or adequate warnings ‘‘SEC. 901. FDA AUTHORITY OVER TOBACCO PRODUCTS. consult with other Federal agencies as ap- against use by children, that are necessary ‘‘(a) IN GENERAL.—Tobacco products, in- propriate. for the protection of users unless its labeling cluding modified risk tobacco products for ‘‘SEC. 902. ADULTERATED TOBACCO PRODUCTS. conforms in all respects to such regulations; which an order has been issued in accordance ‘‘A tobacco product shall be deemed to be ‘‘(6) if it was manufactured, prepared, prop- with section 911, shall be regulated by the adulterated if— agated, compounded, or processed in an es- Secretary under this chapter and shall not ‘‘(1) it consists in whole or in part of any tablishment not duly registered under sec- be subject to the provisions of chapter V. filthy, putrid, or decomposed substance, or is tion 905(b), 905(c), 905(d), or 905(h), if it was ‘‘(b) APPLICABILITY.—This chapter shall otherwise contaminated by any added poi- not included in a list required by section apply to all cigarettes, cigarette tobacco, sonous or added deleterious substance that 905(i), if a notice or other information re- roll-your-own tobacco, and smokeless to- may render the product injurious to health; specting it was not provided as required by

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.074 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5147 such section or section 905(j), or if it does not each tobacco product by brand and by quan- carcinogen, or otherwise harmful to health bear such symbols from the uniform system tity in each brand and subbrand. under intended conditions of use, the manu- for identification of tobacco products pre- ‘‘(2) A description of the content, delivery, facturer shall within 60 days of such action scribed under section 905(e) as the Secretary and form of nicotine in each tobacco product so advise the Secretary in writing. by regulation requires; measured in milligrams of nicotine in ac- ‘‘(d) DATA LIST.— ‘‘(7) if, in the case of any tobacco product cordance with regulations promulgated by ‘‘(1) IN GENERAL.—Not later than 3 years distributed or offered for sale in any State— the Secretary in accordance with section 4(e) after the date of enactment of the Family ‘‘(A) its advertising is false or misleading of the Federal Cigarette Labeling and Adver- Smoking Prevention and Tobacco Control in any particular; or tising Act. Act, and annually thereafter, the Secretary ‘‘(B) it is sold or distributed in violation of ‘‘(3) Beginning 3 years after the date of en- shall publish in a format that is understand- regulations prescribed under section 906(d); actment of the Family Smoking Prevention able and not misleading to a lay person, and ‘‘(8) unless, in the case of any tobacco and Tobacco Control Act, a listing of all con- place on public display (in a manner deter- product distributed or offered for sale in any stituents, including smoke constituents as mined by the Secretary) the list established State, the manufacturer, packer, or dis- applicable, identified by the Secretary as under subsection (e). tributor thereof includes in all advertise- harmful or potentially harmful to health in ‘‘(2) CONSUMER RESEARCH.—The Secretary ments and other descriptive printed matter each tobacco product, and as applicable in shall conduct periodic consumer research to issued or caused to be issued by the manufac- the smoke of each tobacco product, by brand ensure that the list published under para- turer, packer, or distributor with respect to and by quantity in each brand and subbrand. graph (1) is not misleading to lay persons. that tobacco product— Effective beginning 3 years after such date of Not later than 5 years after the date of en- ‘‘(A) a true statement of the tobacco prod- enactment, the manufacturer, importer, or actment of the Family Smoking Prevention uct’s established name as described in para- agent shall comply with regulations promul- and Tobacco Control Act, the Secretary shall graph (4), printed prominently; and gated under section 915 in reporting informa- submit to the appropriate committees of ‘‘(B) a brief statement of— tion under this paragraph, where applicable. Congress a report on the results of such re- ‘‘(i) the uses of the tobacco product and ‘‘(4) Beginning 6 months after the date of search, together with recommendations on relevant warnings, precautions, side effects, enactment of the Family Smoking Preven- whether such publication should be contin- and contraindications; and tion and Tobacco Control Act, all documents ued or modified. ‘‘(ii) in the case of specific tobacco prod- developed after such date of enactment that ‘‘(e) DATA COLLECTION.—Not later than 24 ucts made subject to a finding by the Sec- relate to health, toxicological, behavioral, or months after the date of enactment of the retary after notice and opportunity for com- physiologic effects of current or future to- Family Smoking Prevention and Tobacco ment that such action is appropriate to pro- bacco products, their constituents (including Control Act, the Secretary shall establish, tect the public health, a full description of smoke constituents), ingredients, compo- and periodically revise as appropriate, a list the components of such tobacco product or nents, and additives. of harmful and potentially harmful constitu- the formula showing quantitatively each in- ‘‘(b) DATA SUBMISSION.—At the request of ents, including smoke constituents, to gredient of such tobacco product to the ex- the Secretary, each tobacco product manu- health in each tobacco product by brand and facturer or importer of tobacco products, or tent required in regulations which shall be by quantity in each brand and subbrand. The agents thereof, shall submit the following: issued by the Secretary after an opportunity Secretary shall publish a public notice re- ‘‘(1) Any or all documents (including unfor a hearing; questing the submission by interested per- derlying scientific information) relating to ‘‘(9) if it is a tobacco product subject to a sons of scientific and other information con- research activities, and research findings, tobacco product standard established under cerning the harmful and potentially harmful conducted, supported, or possessed by the section 907, unless it bears such labeling as constituents in tobacco products and tobacco manufacturer (or agents thereof) on the may be prescribed in such tobacco product smoke. health, toxicological, behavioral, or physio- standard; or logic effects of tobacco products and their ‘‘SEC. 905. ANNUAL REGISTRATION. ‘‘(10) if there was a failure or refusal— constituents (including smoke constituents), ‘‘(a) DEFINITIONS.—In this section: ‘‘(A) to comply with any requirement pre- ingredients, components, and additives. ‘‘(1) MANUFACTURE, PREPARATION, scribed under section 904 or 908; or ‘‘(2) Any or all documents (including un- COMPOUNDING, OR PROCESSING.—The term ‘‘(B) to furnish any material or informa- derlying scientific information) relating to ‘manufacture, preparation, compounding, or tion required under section 909. research activities, and research findings, processing’ shall include repackaging or oth- ‘‘(b) PRIOR APPROVAL OF LABEL STATE- conducted, supported, or possessed by the erwise changing the container, wrapper, or MENTS.—The Secretary may, by regulation, manufacturer (or agents thereof) that relate labeling of any tobacco product package in require prior approval of statements made on to the issue of whether a reduction in risk to furtherance of the distribution of the to- the label of a tobacco product to ensure that health from tobacco products can occur upon bacco product from the original place of such statements do not violate the mis- the employment of technology available or manufacture to the person who makes final branding provisions of subsection (a) and known to the manufacturer. delivery or sale to the ultimate consumer or that such statements comply with other pro- ‘‘(3) Any or all documents (including un- user. visions of the Family Smoking Prevention derlying scientific or financial information) ‘‘(2) NAME.—The term ‘name’ shall include and Tobacco Control Act (including the relating to marketing research involving the in the case of a partnership the name of each amendments made by such Act). No regula- use of tobacco products or marketing prac- partner and, in the case of a corporation, the tion issued under this subsection may re- tices and the effectiveness of such practices name of each corporate officer and director, quire prior approval by the Secretary of the used by tobacco manufacturers and distribu- and the State of incorporation. content of any advertisement, except for tors. ‘‘(b) REGISTRATION BY OWNERS AND OPERA- modified risk tobacco products as provided An importer of a tobacco product not manu- TORS.—On or before December 31 of each in section 911. No advertisement of a tobacco factured in the United States shall supply year, every person who owns or operates any product published after the date of enact- the information required of a tobacco prod- establishment in any State engaged in the ment of the Family Smoking Prevention and uct manufacturer under this subsection. manufacture, preparation, compounding, or Tobacco Control Act shall, with respect to ‘‘(c) TIME FOR SUBMISSION.— processing of a tobacco product or tobacco the language of label statements as pre- ‘‘(1) IN GENERAL.—At least 90 days prior to products shall register with the Secretary scribed under section 4 of the Federal Ciga- the delivery for introduction into interstate the name, places of business, and all such es- rette Labeling and Advertising Act and sec- commerce of a tobacco product not on the tablishments of that person. If enactment of tion 3 of the Comprehensive Smokeless To- market on the date of enactment of the the Family Smoking Prevention and To- bacco Health Education Act of 1986 or the Family Smoking Prevention and Tobacco bacco Control Act occurs in the second half regulations issued under such sections, be Control Act, the manufacturer of such prod- of the calendar year, the Secretary shall des- subject to the provisions of sections 12 uct shall provide the information required ignate a date no later than 6 months into the through 15 of the Federal Trade Commission under subsection (a). subsequent calendar year by which registra- Act. ‘‘(2) DISCLOSURE OF ADDITIVE.—If at any tion pursuant to this subsection shall occur. ‘‘SEC. 904. SUBMISSION OF HEALTH INFORMA- time a tobacco product manufacturer adds to ‘‘(c) REGISTRATION BY NEW OWNERS AND OP- TION TO THE SECRETARY. its tobacco products a new tobacco additive ERATORS.—Every person upon first engaging ‘‘(a) REQUIREMENT.—Each tobacco product or increases the quantity of an existing to- in the manufacture, preparation, manufacturer or importer, or agents thereof, bacco additive, the manufacturer shall, ex- compounding, or processing of a tobacco shall submit to the Secretary the following cept as provided in paragraph (3), at least 90 product or tobacco products in any establish- information: days prior to such action so advise the Sec- ment owned or operated in any State by that ‘‘(1) Not later than 6 months after the date retary in writing. person shall immediately register with the of enactment of the Family Smoking Pre- ‘‘(3) DISCLOSURE OF OTHER ACTIONS.—If at Secretary that person’s name, place of busi- vention and Tobacco Control Act, a listing of any time a tobacco product manufacturer ness, and such establishment. all ingredients, including tobacco, sub- eliminates or decreases an existing additive, ‘‘(d) REGISTRATION OF ADDED ESTABLISH- stances, compounds, and additives that are, or adds or increases an additive that has by MENTS.—Every person required to register as of such date, added by the manufacturer regulation been designated by the Secretary under subsection (b) or (c) shall immediately to the tobacco, paper, filter, or other part of as an additive that is not a human or animal register with the Secretary any additional

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.074 S05MYPT1 smartinez on PROD1PC64 with SENATE S5148 CONGRESSIONAL RECORD — SENATE May 5, 2009 establishment which that person owns or op- brief statement of the basis upon which the granted by the Secretary pursuant to para- erates in any State and in which that person registrant made such determination if the graph (3); and begins the manufacture, preparation, Secretary requests such a statement with re- ‘‘(B) action taken by such person to com- compounding, or processing of a tobacco spect to that particular tobacco product. ply with the requirements under section 907 product or tobacco products. ‘‘(2) CONSULTATION WITH RESPECT TO that are applicable to the tobacco product. ‘‘(e) UNIFORM PRODUCT IDENTIFICATION SYS- FORMS.—The Secretary shall consult with ‘‘(2) APPLICATION TO CERTAIN POST-FEB- TEM.—The Secretary may by regulation pre- the Secretary of the Treasury in developing RUARY 15, 2007, PRODUCTS.—A report under this scribe a uniform system for the identifica- the forms to be used for registration under subsection for a tobacco product that was tion of tobacco products and may require this section to minimize the burden on those first introduced or delivered for introduction that persons who are required to list such to- persons required to register with both the into interstate commerce for commercial bacco products under subsection (i) shall list Secretary and the Tax and Trade Bureau of distribution in the United States after Feb- such tobacco products in accordance with the Department of the Treasury. ruary 15, 2007, and prior to the date that is 21 such system. ‘‘(3) BIANNUAL REPORT OF ANY CHANGE IN months after the date of enactment of the ‘‘(f) PUBLIC ACCESS TO REGISTRATION INFOR- PRODUCT LIST.—Each person who registers Family Smoking Prevention and Tobacco MATION.—The Secretary shall make available with the Secretary under this section shall Control Act shall be submitted to the Sec- for inspection, to any person so requesting, report to the Secretary once during the retary not later than 21 months after such any registration filed under this section. month of June of each year and once during date of enactment. ‘‘(g) BIENNIAL INSPECTION OF REGISTERED the month of December of each year the fol- ‘‘(3) EXEMPTIONS.— ESTABLISHMENTS.—Every establishment reg- lowing: ‘‘(A) IN GENERAL.—The Secretary may ex- istered with the Secretary under this section ‘‘(A) A list of each tobacco product intro- empt from the requirements of this sub- shall be subject to inspection under section duced by the registrant for commercial dis- section relating to the demonstration that a 704 or subsection (h), and every such estab- tribution which has not been included in any tobacco product is substantially equivalent lishment engaged in the manufacture, list previously filed by that person with the within the meaning of section 910, tobacco compounding, or processing of a tobacco Secretary under this subparagraph or para- products that are modified by adding or de- product or tobacco products shall be so in- graph (1). A list under this subparagraph leting a tobacco additive, or increasing or spected by 1 or more officers or employees shall list a tobacco product by its estab- decreasing the quantity of an existing to- duly designated by the Secretary at least lished name and shall be accompanied by the bacco additive, if the Secretary determines once in the 2-year period beginning with the other information required by paragraph (1). that— date of registration of such establishment ‘‘(B) If since the date the registrant last ‘‘(i) such modification would be a minor under this section and at least once in every made a report under this paragraph that per- modification of a tobacco product that can successive 2-year period thereafter. son has discontinued the manufacture, prep- ‘‘(h) REGISTRATION BY FOREIGN ESTABLISH- be sold under this Act; aration, compounding, or processing for com- ‘‘(ii) a report under this subsection is not MENTS.—Any establishment within any for- mercial distribution of a tobacco product in- eign country engaged in the manufacture, necessary to ensure that permitting the to- cluded in a list filed under subparagraph (A) bacco product to be marketed would be ap- preparation, compounding, or processing of a or paragraph (1), notice of such discontinu- tobacco product or tobacco products, shall propriate for protection of the public health; ance, the date of such discontinuance, and and register under this section under regulations the identity of its established name. ‘‘(iii) an exemption is otherwise appro- promulgated by the Secretary. Such regula- ‘‘(C) If since the date the registrant re- priate. tions shall require such establishment to ported under subparagraph (B) a notice of ‘‘(B) REGULATIONS.—Not later than 15 provide the information required by sub- discontinuance that person has resumed the months after the date of enactment of the section (i) and shall include provisions for manufacture, preparation, compounding, or Family Smoking Prevention and Tobacco registration of any such establishment upon processing for commercial distribution of Control Act, the Secretary shall issue regu- condition that adequate and effective means the tobacco product with respect to which lations to implement this paragraph. are available, by arrangement with the gov- such notice of discontinuance was reported, ernment of such foreign country or other- notice of such resumption, the date of such ‘‘SEC. 906. GENERAL PROVISIONS RESPECTING wise, to enable the Secretary to determine resumption, the identity of such tobacco CONTROL OF TOBACCO PRODUCTS. from time to time whether tobacco products product by established name, and other in- ‘‘(a) IN GENERAL.—Any requirement estab- manufactured, prepared, compounded, or formation required by paragraph (1), unless lished by or under section 902, 903, 905, or 909 processed in such establishment, if imported the registrant has previously reported such applicable to a tobacco product shall apply or offered for import into the United States, resumption to the Secretary under this sub- to such tobacco product until the applica- shall be refused admission on any of the paragraph. bility of the requirement to the tobacco grounds set forth in section 801(a). ‘‘(D) Any material change in any informa- product has been changed by action taken ‘‘(i) REGISTRATION INFORMATION.— tion previously submitted under this para- under section 907, section 910, section 911, or ‘‘(1) PRODUCT LIST.—Every person who reg- graph or paragraph (1). subsection (d) of this section, and any re- isters with the Secretary under subsection ‘‘(j) REPORT PRECEDING INTRODUCTION OF quirement established by or under section (b), (c), (d), or (h) shall, at the time of reg- CERTAIN SUBSTANTIALLY EQUIVALENT PROD- 902, 903, 905, or 909 which is inconsistent with istration under any such subsection, file UCTS INTO INTERSTATE COMMERCE.— a requirement imposed on such tobacco prod- with the Secretary a list of all tobacco prod- ‘‘(1) IN GENERAL.—Each person who is re- uct under section 907, section 910, section 911, ucts which are being manufactured, pre- quired to register under this section and who or subsection (d) of this section shall not pared, compounded, or processed by that per- proposes to begin the introduction or deliv- apply to such tobacco product. son for commercial distribution and which ery for introduction into interstate com- have not been included in any list of tobacco merce for commercial distribution of a to- ‘‘(b) INFORMATION ON PUBLIC ACCESS AND products filed by that person with the Sec- bacco product intended for human use that COMMENT.—Each notice of proposed rule- retary under this paragraph or paragraph (2) was not commercially marketed (other than making or other notification under section before such time of registration. Such list for test marketing) in the United States as 907, 908, 909, 910, or 911 or under this section, shall be prepared in such form and manner as of February 15, 2007, shall, at least 90 days any other notice which is published in the the Secretary may prescribe and shall be ac- prior to making such introduction or deliv- Federal Register with respect to any other companied by— ery, report to the Secretary (in such form action taken under any such section and ‘‘(A) in the case of a tobacco product con- and manner as the Secretary shall pre- which states the reasons for such action, and tained in the applicable list with respect to scribe)— each publication of findings required to be which a tobacco product standard has been ‘‘(A) the basis for such person’s determina- made in connection with rulemaking under established under section 907 or which is sub- tion that— any such section shall set forth— ject to section 910, a reference to the author- ‘‘(i) the tobacco product is substantially ‘‘(1) the manner in which interested perity for the marketing of such tobacco prod- equivalent, within the meaning of section sons may examine data and other informa- uct and a copy of all labeling for such to- 910, to a tobacco product commercially mar- tion on which the notice or findings is based; bacco product; keted (other than for test marketing) in the and ‘‘(B) in the case of any other tobacco prod- United States as of February 15, 2007, or to a ‘‘(2) the period within which interested per- uct contained in an applicable list, a copy of tobacco product that the Secretary has pre- sons may present their comments on the no- all consumer information and other labeling viously determined, pursuant to subsection tice or findings (including the need there- for such tobacco product, a representative (a)(3) of section 910, is substantially equiva- fore) orally or in writing, which period shall sampling of advertisements for such tobacco lent and that is in compliance with the re- be at least 60 days but may not exceed 90 product, and, upon request made by the Sec- quirements of this Act; or days unless the time is extended by the Sec- retary for good cause, a copy of all advertise- ‘‘(ii) the tobacco product is modified with- retary by a notice published in the Federal ments for a particular tobacco product; and in the meaning of paragraph (3), the modi- Register stating good cause therefore. ‘‘(C) if the registrant filing a list has deter- fications are to a product that is commer- ‘‘(c) LIMITED CONFIDENTIALITY OF INFORMA- mined that a tobacco product contained in cially marketed and in compliance with the TION.—Any information reported to or other- such list is not subject to a tobacco product requirements of this Act, and all of the wise obtained by the Secretary or the Sec- standard established under section 907, a modifications are covered by exemptions retary’s representative under section 903, 904,

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.074 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5149 907, 908, 909, 910, 911, or 704, or under sub- promotion and marketing of tobacco prod- proposed to be used in, and the facilities and section (e) or (f) of this section, which is ex- ucts that are sold or distributed through controls proposed to be used for, the manu- empt from disclosure under subsection (a) of means other than a direct, face-to-face ex- facture, packing, and storage of the tobacco section 552 of title 5, United States Code, by change between a retailer and a consumer in product in lieu of the methods, facilities, and reason of subsection (b)(4) of that section order to protect individuals who have not at- controls prescribed by the requirement; and shall be considered confidential and shall not tained the minimum age established by ap- ‘‘(iii) contain such other information as be disclosed, except that the information plicable law for the purchase of such prod- the Secretary shall prescribe. may be disclosed to other officers or employ- ucts. ‘‘(B) REFERRAL TO THE TOBACCO PRODUCTS ees concerned with carrying out this chap- ‘‘(B) RELATION TO OTHER AUTHORITY.—Noth- SCIENTIFIC ADVISORY COMMITTEE.—The Sec- ter, or when relevant in any proceeding ing in this paragraph limits the authority of retary may refer to the Tobacco Products under this chapter. the Secretary to take additional actions Scientific Advisory Committee any petition ‘‘(d) RESTRICTIONS.— under the other paragraphs of this sub- submitted under subparagraph (A). The To- ‘‘(1) IN GENERAL.—The Secretary may by section. bacco Products Scientific Advisory Com- regulation require restrictions on the sale ‘‘(e) GOOD MANUFACTURING PRACTICE RE- mittee shall report its recommendations to and distribution of a tobacco product, in- QUIREMENTS.— the Secretary with respect to a petition re- cluding restrictions on the access to, and the ‘‘(1) METHODS, FACILITIES, AND CONTROLS TO ferred to it within 60 days after the date of advertising and promotion of, the tobacco CONFORM.— the petition’s referral. Within 60 days after— product, if the Secretary determines that ‘‘(A) IN GENERAL.—In applying manufac- ‘‘(i) the date the petition was submitted to such regulation would be appropriate for the turing restrictions to tobacco, the Secretary the Secretary under subparagraph (A); or protection of the public health. The Sec- shall, in accordance with subparagraph (B), ‘‘(ii) the day after the petition was referred retary may by regulation impose restrictions prescribe regulations (which may differ to the Tobacco Products Scientific Advisory on the advertising and promotion of a to- based on the type of tobacco product in- Committee, bacco product consistent with and to full ex- volved) requiring that the methods used in, whichever occurs later, the Secretary shall tent permitted by the first amendment to and the facilities and controls used for, the by order either deny the petition or approve the Constitution. The finding as to whether manufacture, preproduction design valida- it. such regulation would be appropriate for the tion (including a process to assess the per- ‘‘(C) APPROVAL.—The Secretary may ap- protection of the public health shall be de- formance of a tobacco product), packing, and prove— termined with respect to the risks and bene- storage of a tobacco product conform to cur- ‘‘(i) a petition for an exemption for a to- fits to the population as a whole, including rent good manufacturing practice, or hazard bacco product from a requirement if the Sec- users and nonusers of the tobacco product, analysis and critical control point method- retary determines that compliance with such and taking into account— ology, as prescribed in such regulations to requirement is not required to assure that ‘‘(A) the increased or decreased likelihood assure that the public health is protected the tobacco product will be in compliance that existing users of tobacco products will and that the tobacco product is in compli- with this chapter; and stop using such products; and ance with this chapter. Such regulations ‘‘(ii) a petition for a variance for a tobacco ‘‘(B) the increased or decreased likelihood may provide for the testing of raw tobacco product from a requirement if the Secretary that those who do not use tobacco products for pesticide chemical residues regardless of determines that the methods to be used in, will start using such products. whether a tolerance for such chemical resi- and the facilities and controls to be used for, No such regulation may require that the sale dues has been established. the manufacture, packing, and storage of the or distribution of a tobacco product be lim- ‘‘(B) REQUIREMENTS.—The Secretary ited to the written or oral authorization of a shall— tobacco product in lieu of the methods, fa- practitioner licensed by law to prescribe ‘‘(i) before promulgating any regulation cilities, and controls prescribed by the re- medical products. under subparagraph (A), afford the Tobacco quirement are sufficient to assure that the ‘‘(2) LABEL STATEMENTS.—The label of a to- Products Scientific Advisory Committee an tobacco product will be in compliance with bacco product shall bear such appropriate opportunity to submit recommendations this chapter. statements of the restrictions required by a with respect to the regulation proposed to be ‘‘(D) CONDITIONS.—An order of the Sec- regulation under subsection (a) as the Sec- promulgated; retary approving a petition for a variance retary may in such regulation prescribe. ‘‘(ii) before promulgating any regulation shall prescribe such conditions respecting ‘‘(3) LIMITATIONS.— under subparagraph (A), afford opportunity the methods used in, and the facilities and ‘‘(A) IN GENERAL.—No restrictions under for an oral hearing; controls used for, the manufacture, packing, paragraph (1) may— ‘‘(iii) provide the Tobacco Products Sci- and storage of the tobacco product to be ‘‘(i) prohibit the sale of any tobacco prod- entific Advisory Committee a reasonable granted the variance under the petition as uct in face-to-face transactions by a specific time to make its recommendation with re- may be necessary to assure that the tobacco category of retail outlets; or spect to proposed regulations under subpara- product will be in compliance with this chap- ‘‘(ii) establish a minimum age of sale of to- graph (A); ter. bacco products to any person older than 18 ‘‘(iv) in establishing the effective date of a ‘‘(E) HEARING.—After the issuance of an years of age. regulation promulgated under this sub- order under subparagraph (B) respecting a ‘‘(B) MATCHBOOKS.—For purposes of any section, take into account the differences in petition, the petitioner shall have an oppor- regulations issued by the Secretary, match- the manner in which the different types of tunity for an informal hearing on such order. books of conventional size containing not tobacco products have historically been pro- ‘‘(3) COMPLIANCE.—Compliance with re- more than 20 paper matches, and which are duced, the financial resources of the dif- quirements under this subsection shall not customarily given away for free with the ferent tobacco product manufacturers, and be required before the end of the 3-year pe- purchase of tobacco products, shall be con- the state of their existing manufacturing fa- riod following the date of enactment of the sidered as adult-written publications which cilities, and shall provide for a reasonable Family Smoking Prevention and Tobacco shall be permitted to contain advertising. period of time for such manufacturers to Control Act. Notwithstanding the preceding sentence, if conform to good manufacturing practices; ‘‘(f) RESEARCH AND DEVELOPMENT.—The the Secretary finds that such treatment of and Secretary may enter into contracts for re- matchbooks is not appropriate for the pro- ‘‘(v) not require any small tobacco product search, testing, and demonstrations respect- tection of the public health, the Secretary manufacturer to comply with a regulation ing tobacco products and may obtain tobacco may determine by regulation that match- under subparagraph (A) for at least 4 years products for research, testing, and dem- books shall not be considered adult-written following the effective date established by onstration purposes. publications. the Secretary for such regulation. ‘‘SEC. 907. TOBACCO PRODUCT STANDARDS. ‘‘(4) REMOTE SALES.— ‘‘(2) EXEMPTIONS; VARIANCES.— ‘‘(a) IN GENERAL.— ‘‘(A) IN GENERAL.—The Secretary shall— ‘‘(A) PETITION.—Any person subject to any ‘‘(1) SPECIAL RULES.— ‘‘(i) within 18 months after the date of en- requirement prescribed under paragraph (1) ‘‘(A) SPECIAL RULE FOR CIGARETTES.—Be- actment of the Family Smoking Prevention may petition the Secretary for a permanent ginning 3 months after the date of enact- and Tobacco Control Act, promulgate regula- or temporary exemption or variance from ment of the Family Smoking Prevention and tions regarding the sale and distribution of such requirement. Such a petition shall be Tobacco Control Act, a cigarette or any of tobacco products that occur through means submitted to the Secretary in such form and its component parts (including the tobacco, other than a direct, face-to-face exchange be- manner as the Secretary shall prescribe and filter, or paper) shall not contain, as a con- tween a retailer and a consumer in order to shall— stituent (including a smoke constituent) or prevent the sale and distribution of tobacco ‘‘(i) in the case of a petition for an exemp- additive, an artificial or natural flavor products to individuals who have not at- tion from a requirement, set forth the basis (other than tobacco or menthol) or an herb tained the minimum age established by ap- for the petitioner’s determination that com- or spice, including strawberry, grape, orange, plicable law for the purchase of such prod- pliance with the requirement is not required clove, cinnamon, pineapple, vanilla, coconut, ucts, including requirements for age to assure that the tobacco product will be in licorice, cocoa, chocolate, cherry, or coffee, verification; and compliance with this chapter; that is a characterizing flavor of the tobacco ‘‘(ii) within 2 years after such date of en- ‘‘(ii) in the case of a petition for a variance product or tobacco smoke. Nothing in this actment, issue regulations to address the from a requirement, set forth the methods subparagraph shall be construed to limit the

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.075 S05MYPT1 smartinez on PROD1PC64 with SENATE S5150 CONGRESSIONAL RECORD — SENATE May 5, 2009 Secretary’s authority to take action under ‘‘(iv) provisions requiring that the results ‘‘(D) invite the Secretary of Agriculture to this section or other sections of this Act ap- of each or of certain of the tests of the to- provide any information or analysis which plicable to menthol or any artificial or nat- bacco product required to be made under the Secretary of Agriculture believes is rel- ural flavor, herb, or spice not specified in clause (ii) show that the tobacco product is evant to the proposed tobacco product stand- this subparagraph. in conformity with the portions of the standard. ‘‘(B) ADDITIONAL SPECIAL RULE.—Beginning ard for which the test or tests were required; ‘‘(3) FINDING.—A notice of proposed rule- 2 years after the date of enactment of the and making for the revocation of a tobacco prod- Family Smoking Prevention and Tobacco ‘‘(v) a provision requiring that the sale and uct standard shall set forth a finding with Control Act, a tobacco product manufacturer distribution of the tobacco product be re- supporting justification that the tobacco shall not use tobacco, including foreign stricted but only to the extent that the sale product standard is no longer appropriate for grown tobacco, that contains a pesticide and distribution of a tobacco product may be the protection of the public health. chemical residue that is at a level greater restricted under a regulation under section ‘‘(4) COMMENT.—The Secretary shall pro- than is specified by any tolerance applicable 906(d); vide for a comment period of not less than 60 under Federal law to domestically grown to- ‘‘(C) shall, where appropriate, require the days. bacco. use and prescribe the form and content of la- ‘‘(d) PROMULGATION.— ‘‘(2) REVISION OF TOBACCO PRODUCT STAND- beling for the proper use of the tobacco prod- ‘‘(1) IN GENERAL.—After the expiration of ARDS.—The Secretary may revise the to- uct; and the period for comment on a notice of pro- bacco product standards in paragraph (1) in ‘‘(D) shall require tobacco products con- posed rulemaking published under sub- accordance with subsection (c). taining foreign-grown tobacco to meet the section (c) respecting a tobacco product ‘‘(3) TOBACCO PRODUCT STANDARDS.— same standards applicable to tobacco prod- standard and after consideration of com- ‘‘(A) IN GENERAL.—The Secretary may ucts containing domestically grown tobacco. ments submitted under subsections (b) and adopt tobacco product standards in addition ‘‘(5) PERIODIC REEVALUATION OF TOBACCO (c) and any report from the Tobacco Prod- to those in paragraph (1) if the Secretary PRODUCT STANDARDS.—The Secretary shall ucts Scientific Advisory Committee, the Sec- finds that a tobacco product standard is ap- provide for periodic evaluation of tobacco retary shall— propriate for the protection of the public product standards established under this sec- ‘‘(A) if the Secretary determines that the health. tion to determine whether such standards standard would be appropriate for the pro- ‘‘(B) DETERMINATIONS.— should be changed to reflect new medical, tection of the public health, promulgate a ‘‘(i) CONSIDERATIONS.—In making a finding scientific, or other technological data. The regulation establishing a tobacco product described in subparagraph (A), the Secretary Secretary may provide for testing under standard and publish in the Federal Register shall consider scientific evidence con- paragraph (4)(B) by any person. findings on the matters referred to in sub- cerning— ‘‘(6) INVOLVEMENT OF OTHER AGENCIES; IN- section (c); or ‘‘(I) the risks and benefits to the popu- FORMED PERSONS.—In carrying out duties ‘‘(B) publish a notice terminating the pro- lation as a whole, including users and under this section, the Secretary shall en- ceeding for the development of the standard nonusers of tobacco products, of the pro- deavor to— together with the reasons for such termi- posed standard; ‘‘(A) use personnel, facilities, and other nation. ‘‘(II) the increased or decreased likelihood technical support available in other Federal ‘‘(2) EFFECTIVE DATE.—A regulation estab- that existing users of tobacco products will agencies; lishing a tobacco product standard shall set stop using such products; and ‘‘(B) consult with other Federal agencies forth the date or dates upon which the stand- ‘‘(III) the increased or decreased likelihood concerned with standard setting and other ard shall take effect, but no such regulation that those who do not use tobacco products nationally or internationally recognized may take effect before 1 year after the date will start using such products. standard-setting entities; and of its publication unless the Secretary deter- ‘‘(ii) ADDITIONAL CONSIDERATIONS.—In the ‘‘(C) invite appropriate participation, mines that an earlier effective date is nec- event that the Secretary makes a determina- through joint or other conferences, work- essary for the protection of the public tion, set forth in a proposed tobacco product shops, or other means, by informed persons health. Such date or dates shall be estab- standard in a proposed rule, that it is appro- representative of scientific, professional, in- lished so as to minimize, consistent with the priate for the protection of public health to dustry, agricultural, or consumer organiza- public health, economic loss to, and disrup- require the reduction or elimination of an tions who in the Secretary’s judgment can tion or dislocation of, domestic and inter- additive, constituent (including a smoke make a significant contribution. national trade. In establishing such effective constituent), or other component of a to- ‘‘(b) CONSIDERATIONS BY SECRETARY.— date or dates, the Secretary shall consider bacco product because the Secretary has ‘‘(1) TECHNICAL ACHIEVABILITY.—The Sec- information submitted in connection with a found that the additive, constituent, or retary shall consider information submitted proposed product standard by interested par- other component is or may be harmful, any in connection with a proposed standard re- ties, including manufacturers and tobacco party objecting to the proposed standard on garding the technical achievability of com- growers, regarding the technical the ground that the proposed standard will pliance with such standard. achievability of compliance with the stand- not reduce or eliminate the risk of illness or ‘‘(2) OTHER CONSIDERATIONS.—The Sec- ard, and including information concerning injury may provide for the Secretary’s con- retary shall consider all other information the existence of patents that make it impos- sideration scientific evidence that dem- submitted in connection with a proposed sible to comply in the timeframe envisioned onstrates that the proposed standard will standard, including information concerning in the proposed standard. If the Secretary not reduce or eliminate the risk of illness or the countervailing effects of the tobacco determines, based on the Secretary’s evalua- injury. product standard on the health of adolescent tion of submitted comments, that a product ‘‘(4) CONTENT OF TOBACCO PRODUCT STAND- tobacco users, adult tobacco users, or non- standard can be met only by manufacturers ARDS.—A tobacco product standard estab- tobacco users, such as the creation of a sig- requiring substantial changes to the meth- lished under this section for a tobacco prod- nificant demand for contraband or other to- ods of farming the domestically grown to- uct— bacco products that do not meet the require- bacco used by the manufacturer, the effec- ‘‘(A) shall include provisions that are ap- ments of this chapter and the significance of tive date of that product standard shall be propriate for the protection of the public such demand. not less than 2 years after the date of publi- health, including provisions, where appro- ‘‘(c) PROPOSED STANDARDS.— cation of the final regulation establishing priate— ‘‘(1) IN GENERAL.—The Secretary shall pub- the standard. ‘‘(i) for nicotine yields of the product; lish in the Federal Register a notice of pro- ‘‘(3) LIMITATION ON POWER GRANTED TO THE ‘‘(ii) for the reduction or elimination of posed rulemaking for the establishment, FOOD AND DRUG ADMINISTRATION.—Because of other constituents, including smoke con- amendment, or revocation of any tobacco the importance of a decision of the Secretary stituents, or harmful components of the product standard. to issue a regulation— product; or ‘‘(2) REQUIREMENTS OF NOTICE.—A notice of ‘‘(A) banning all cigarettes, all smokeless ‘‘(iii) relating to any other requirement proposed rulemaking for the establishment tobacco products, all little cigars, all cigars under subparagraph (B); or amendment of a tobacco product standard other than little cigars, all pipe tobacco, or ‘‘(B) shall, where appropriate for the pro- for a tobacco product shall— all roll-your-own tobacco products; or tection of the public health, include— ‘‘(A) set forth a finding with supporting ‘‘(B) requiring the reduction of nicotine ‘‘(i) provisions respecting the construction, justification that the tobacco product stand- yields of a tobacco product to zero, components, ingredients, additives, constitu- ard is appropriate for the protection of the the Secretary is prohibited from taking such ents, including smoke constituents, and public health; actions under this Act. properties of the tobacco product; ‘‘(B) invite interested persons to submit a ‘‘(4) AMENDMENT; REVOCATION.— ‘‘(ii) provisions for the testing (on a sample draft or proposed tobacco product standard ‘‘(A) AUTHORITY.—The Secretary, upon the basis or, if necessary, on an individual basis) for consideration by the Secretary; Secretary’s own initiative or upon petition of the tobacco product; ‘‘(C) invite interested persons to submit of an interested person, may by a regulation, ‘‘(iii) provisions for the measurement of comments on structuring the standard so promulgated in accordance with the require- the tobacco product characteristics of the that it does not advantage foreign-grown to- ments of subsection (c) and paragraph (2), tobacco product; bacco over domestically grown tobacco; and amend or revoke a tobacco product standard.

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‘‘(B) EFFECTIVE DATE.—The Secretary may of such harm and no more practicable means provide such information, as the Secretary declare a proposed amendment of a tobacco is available under the provisions of this may by regulation reasonably require to as- product standard to be effective on and after chapter (other than this section) to elimi- sure that such tobacco product is not adul- its publication in the Federal Register and nate such risk, terated or misbranded and to otherwise pro- until the effective date of any final action the Secretary may issue such order as may tect public health. Regulations prescribed taken on such amendment if the Secretary be necessary to assure that adequate notifi- under the preceding sentence— determines that making it so effective is in cation is provided in an appropriate form, by ‘‘(1) may require a tobacco product manu- the public interest. the persons and means best suited under the facturer or importer to report to the Sec- ‘‘(5) REFERRAL TO ADVISORY COMMITTEE.— circumstances involved, to all persons who retary whenever the manufacturer or im- ‘‘(A) IN GENERAL.—The Secretary may refer should properly receive such notification in porter receives or otherwise becomes aware a proposed regulation for the establishment, order to eliminate such risk. The Secretary of information that reasonably suggests that amendment, or revocation of a tobacco prod- may order notification by any appropriate one of its marketed tobacco products may uct standard to the Tobacco Products Sci- means, including public service announce- have caused or contributed to a serious unex- entific Advisory Committee for a report and ments. Before issuing an order under this pected adverse experience associated with recommendation with respect to any matter subsection, the Secretary shall consult with the use of the product or any significant in- involved in the proposed regulation which re- the persons who are to give notice under the crease in the frequency of a serious, expected quires the exercise of scientific judgment. order. adverse product experience; ‘‘(B) INITIATION OF REFERRAL.—The Sec- ‘‘(b) NO EXEMPTION FROM OTHER LIABIL- ‘‘(2) shall require reporting of other signifi- retary may make a referral under this para- ITY.—Compliance with an order issued under cant adverse tobacco product experiences as graph— this section shall not relieve any person determined by the Secretary to be necessary ‘‘(i) on the Secretary’s own initiative; or from liability under Federal or State law. In to be reported; ‘‘(ii) upon the request of an interested per- awarding damages for economic loss in an ‘‘(3) shall not impose requirements unduly son that— action brought for the enforcement of any burdensome to a tobacco product manufac- ‘‘(I) demonstrates good cause for the refer- such liability, the value to the plaintiff in turer or importer, taking into account the ral; and such action of any remedy provided under cost of complying with such requirements ‘‘(II) is made before the expiration of the such order shall be taken into account. and the need for the protection of the public period for submission of comments on the ‘‘(c) RECALL AUTHORITY.— health and the implementation of this chap- proposed regulation. ‘‘(1) IN GENERAL.—If the Secretary finds ter; ‘‘(C) PROVISION OF DATA.—If a proposed reg- that there is a reasonable probability that a ‘‘(4) when prescribing the procedure for ulation is referred under this paragraph to tobacco product contains a manufacturing or making requests for reports or information, the Tobacco Products Scientific Advisory other defect not ordinarily contained in to- shall require that each request made under Committee, the Secretary shall provide the bacco products on the market that would such regulations for submission of a report Advisory Committee with the data and infor- cause serious, adverse health consequences or information to the Secretary state the mation on which such proposed regulation is or death, the Secretary shall issue an order reason or purpose for such request and iden- based. requiring the appropriate person (including tify to the fullest extent practicable such re- ‘‘(D) REPORT AND RECOMMENDATION.—The the manufacturers, importers, distributors, port or information; Tobacco Products Scientific Advisory Com- or retailers of the tobacco product) to imme- ‘‘(5) when requiring submission of a report mittee shall, within 60 days after the referral diately cease distribution of such tobacco or information to the Secretary, shall state of a proposed regulation under this para- product. The order shall provide the person the reason or purpose for the submission of graph and after independent study of the subject to the order with an opportunity for such report or information and identify to data and information furnished to it by the an informal hearing, to be held not later the fullest extent practicable such report or Secretary and other data and information than 10 days after the date of the issuance of information; and before it, submit to the Secretary a report the order, on the actions required by the ‘‘(6) may not require that the identity of and recommendation respecting such regula- order and on whether the order should be any patient or user be disclosed in records, tion, together with all underlying data and amended to require a recall of such tobacco reports, or information required under this information and a statement of the reason or product. If, after providing an opportunity subsection unless required for the medical basis for the recommendation. for such a hearing, the Secretary determines welfare of an individual, to determine risks ‘‘(E) PUBLIC AVAILABILITY.—The Secretary that inadequate grounds exist to support the to public health of a tobacco product, or to shall make a copy of each report and rec- actions required by the order, the Secretary verify a record, report, or information sub- ommendation under subparagraph (D) pub- shall vacate the order. mitted under this chapter. licly available. ‘‘(2) AMENDMENT OF ORDER TO REQUIRE RE- In prescribing regulations under this sub- ‘‘(e) MENTHOL CIGARETTES.— CALL.— section, the Secretary shall have due regard ‘‘(1) REFERRAL; CONSIDERATIONS.—Imme- ‘‘(A) IN GENERAL.—If, after providing an op- for the professional ethics of the medical diately upon the establishment of the To- portunity for an informal hearing under profession and the interests of patients. The bacco Products Scientific Advisory Com- paragraph (1), the Secretary determines that prohibitions of paragraph (6) continue to mittee under section 917(a), the Secretary the order should be amended to include a re- apply to records, reports, and information shall refer to the Committee for report and call of the tobacco product with respect to concerning any individual who has been a pa- recommendation, under section 917(c)(4), the which the order was issued, the Secretary tient, irrespective of whether or when he issue of the impact of the use of menthol in shall, except as provided in subparagraph ceases to be a patient. cigarettes on the public health, including (B), amend the order to require a recall. The ‘‘(b) REPORTS OF REMOVALS AND CORREC- such use among children, African Americans, Secretary shall specify a timetable in which TIONS.— Hispanics, and other racial and ethnic mi- the tobacco product recall will occur and ‘‘(1) IN GENERAL.—Except as provided in norities. In its review, the Tobacco Products shall require periodic reports to the Sec- paragraph (2), the Secretary shall by regula- Scientific Advisory Committee shall address retary describing the progress of the recall. tion require a tobacco product manufacturer the considerations listed in subsections ‘‘(B) NOTICE.—An amended order under sub- or importer of a tobacco product to report (a)(3)(B)(i) and (b). paragraph (A)— promptly to the Secretary any corrective ac- ‘‘(2) REPORT AND RECOMMENDATION.—Not ‘‘(i) shall not include recall of a tobacco tion taken or removal from the market of a later than 1 year after its establishment, the product from individuals; and tobacco product undertaken by such manu- Tobacco Product Scientific Advisory Com- ‘‘(ii) shall provide for notice to persons facturer or importer if the removal or cor- mittee shall submit to the Secretary the re- subject to the risks associated with the use rection was undertaken— port and recommendations required pursuant of such tobacco product. ‘‘(A) to reduce a risk to health posed by the to paragraph (1). In providing the notice required by clause tobacco product; or ‘‘(3) RULE OF CONSTRUCTION.—Nothing in (ii), the Secretary may use the assistance of ‘‘(B) to remedy a violation of this chapter this subsection shall be construed to limit retailers and other persons who distributed caused by the tobacco product which may the Secretary’s authority to take action such tobacco product. If a significant num- present a risk to health. under this section or other sections of this ber of such persons cannot be identified, the A tobacco product manufacturer or importer Act applicable to menthol. Secretary shall notify such persons under of a tobacco product who undertakes a cor- ‘‘SEC. 908. NOTIFICATION AND OTHER REMEDIES. section 705(b). rective action or removal from the market of ‘‘(a) NOTIFICATION.—If the Secretary deter- ‘‘(3) REMEDY NOT EXCLUSIVE.—The remedy a tobacco product which is not required to be mines that— provided by this subsection shall be in addi- reported under this subsection shall keep a ‘‘(1) a tobacco product which is introduced tion to remedies provided by subsection (a). record of such correction or removal. or delivered for introduction into interstate ‘‘SEC. 909. RECORDS AND REPORTS ON TOBACCO ‘‘(2) EXCEPTION.—No report of the correc- commerce for commercial distribution pre- PRODUCTS. tive action or removal of a tobacco product sents an unreasonable risk of substantial ‘‘(a) IN GENERAL.—Every person who is a may be required under paragraph (1) if a re- harm to the public health; and tobacco product manufacturer or importer of port of the corrective action or removal is ‘‘(2) notification under this subsection is a tobacco product shall establish and main- required and has been submitted under sub- necessary to eliminate the unreasonable risk tain such records, make such reports, and section (a).

VerDate Nov 24 2008 02:48 May 06, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.075 S05MYPT1 smartinez on PROD1PC64 with SENATE S5152 CONGRESSIONAL RECORD — SENATE May 5, 2009 ‘‘SEC. 910. APPLICATION FOR REVIEW OF CER- or state that such information will be made tobacco product may be restricted under a TAIN TOBACCO PRODUCTS. available upon request by any person. regulation under section 906(d). ‘‘(a) IN GENERAL.— ‘‘(B) REQUIRED INFORMATION.—Any sum- ‘‘(2) DENIAL OF APPLICATION.—The Sec- ‘‘(1) NEW TOBACCO PRODUCT DEFINED.—For mary under subparagraph (A) respecting a retary shall deny an application submitted purposes of this section the term ‘new to- tobacco product shall contain detailed infor- under subsection (b) if, upon the basis of the bacco product’ means— mation regarding data concerning adverse information submitted to the Secretary as ‘‘(A) any tobacco product (including those health effects and shall be made available to part of the application and any other infor- products in test markets) that was not com- the public by the Secretary within 30 days of mation before the Secretary with respect to mercially marketed in the United States as the issuance of a determination that such to- such tobacco product, the Secretary finds of February 15, 2007; or bacco product is substantially equivalent to that— ‘‘(B) any modification (including a change another tobacco product. ‘‘(A) there is a lack of a showing that per- in design, any component, any part, or any ‘‘(b) APPLICATION.— mitting such tobacco product to be marketed constituent, including a smoke constituent, ‘‘(1) CONTENTS.—An application under this would be appropriate for the protection of or in the content, delivery or form of nico- section shall contain— the public health; tine, or any other additive or ingredient) of ‘‘(A) full reports of all information, pub- ‘‘(B) the methods used in, or the facilities a tobacco product where the modified prod- lished or known to, or which should reason- or controls used for, the manufacture, proc- uct was commercially marketed in the ably be known to, the applicant, concerning essing, or packing of such tobacco product do United States after February 15, 2007. investigations which have been made to not conform to the requirements of section ‘‘(2) PREMARKET REVIEW REQUIRED.— show the health risks of such tobacco prod- 906(e); ‘‘(A) NEW PRODUCTS.—An order under sub- uct and whether such tobacco product pre- ‘‘(C) based on a fair evaluation of all mate- section (c)(1)(A)(i) for a new tobacco product rial facts, the proposed labeling is false or is required unless— sents less risk than other tobacco products; ‘‘(B) a full statement of the components, misleading in any particular; or ‘‘(i) the manufacturer has submitted a re- ‘‘(D) such tobacco product is not shown to port under section 905(j); and the Secretary ingredients, additives, and properties, and of the principle or principles of operation, of conform in all respects to a tobacco product has issued an order that the tobacco prod- standard in effect under section 907, and uct— such tobacco product; ‘‘(C) a full description of the methods used there is a lack of adequate information to ‘‘(I) is substantially equivalent to a to- justify the deviation from such standard. in, and the facilities and controls used for, bacco product commercially marketed (other ‘‘(3) DENIAL INFORMATION.—Any denial of the manufacture, processing, and, when rel- than for test marketing) in the United an application shall, insofar as the Secretary evant, packing and installation of, such to- States as of February 15, 2007; and determines to be practicable, be accom- bacco product; ‘‘(II) is in compliance with the require- panied by a statement informing the appli- ‘‘(D) an identifying reference to any to- ments of this Act; or cant of the measures required to remove bacco product standard under section 907 ‘‘(ii) the tobacco product is exempt from such application from deniable form (which which would be applicable to any aspect of the requirements of section 905(j) pursuant measures may include further research by such tobacco product, and either adequate to a regulation issued under section 905(j)(3). the applicant in accordance with 1 or more ‘‘(B) APPLICATION TO CERTAIN POST-FEB- information to show that such aspect of such protocols prescribed by the Secretary). tobacco product fully meets such tobacco RUARY 15, 2007, PRODUCTS.—Subparagraph (A) ‘‘(4) BASIS FOR FINDING.—For purposes of shall not apply to a tobacco product— product standard or adequate information to this section, the finding as to whether the ‘‘(i) that was first introduced or delivered justify any deviation from such standard; marketing of a tobacco product for which an for introduction into interstate commerce ‘‘(E) such samples of such tobacco product application has been submitted is appro- for commercial distribution in the United and of components thereof as the Secretary priate for the protection of the public health States after February 15, 2007, and prior to may reasonably require; shall be determined with respect to the risks the date that is 21 months after the date of ‘‘(F) specimens of the labeling proposed to and benefits to the population as a whole, in- enactment of the Family Smoking Preven- be used for such tobacco product; and cluding users and nonusers of the tobacco tion and Tobacco Control Act; and ‘‘(G) such other information relevant to product, and taking into account— ‘‘(ii) for which a report was submitted the subject matter of the application as the ‘‘(A) the increased or decreased likelihood under section 905(j) within such 21-month pe- Secretary may require. that existing users of tobacco products will riod, ‘‘(2) REFERRAL TO TOBACCO PRODUCTS SCI- stop using such products; and except that subparagraph (A) shall apply to ENTIFIC ADVISORY COMMITTEE.—Upon receipt ‘‘(B) the increased or decreased likelihood the tobacco product if the Secretary issues of an application meeting the requirements that those who do not use tobacco products an order that the tobacco product is not sub- set forth in paragraph (1), the Secretary— will start using such products. stantially equivalent. ‘‘(A) may, on the Secretary’s own initia- ‘‘(5) BASIS FOR ACTION.— ‘‘(3) SUBSTANTIALLY EQUIVALENT DEFINED.— tive; or ‘‘(A) INVESTIGATIONS.—For purposes of ‘‘(A) IN GENERAL.—In this section and sec- ‘‘(B) may, upon the request of an applicant, paragraph (2)(A), whether permitting a to- tion 905(j), the term ‘substantially equiva- refer such application to the Tobacco Prod- bacco product to be marketed would be ap- lent’ or ‘substantial equivalence’ means, ucts Scientific Advisory Committee for ref- propriate for the protection of the public with respect to the tobacco product being erence and for submission (within such pe- health shall, when appropriate, be deter- compared to the predicate tobacco product, riod as the Secretary may establish) of a re- mined on the basis of well-controlled inves- that the Secretary by order has found that port and recommendation respecting the ap- tigations, which may include 1 or more clin- the tobacco product— plication, together with all underlying data ical investigations by experts qualified by ‘‘(i) has the same characteristics as the and the reasons or basis for the recommenda- training and experience to evaluate the to- predicate tobacco product; or tion. bacco product. ‘‘(ii) has different characteristics and the ‘‘(c) ACTION ON APPLICATION.— ‘‘(B) OTHER EVIDENCE.—If the Secretary de- information submitted contains information, ‘‘(1) DEADLINE.— termines that there exists valid scientific including clinical data if deemed necessary ‘‘(A) IN GENERAL.—As promptly as possible, evidence (other than evidence derived from by the Secretary, that demonstrates that it but in no event later than 180 days after the investigations described in subparagraph is not appropriate to regulate the product receipt of an application under subsection (A)) which is sufficient to evaluate the to- under this section because the product does (b), the Secretary, after considering the re- bacco product, the Secretary may authorize not raise different questions of public health. port and recommendation submitted under that the determination for purposes of para- ‘‘(B) CHARACTERISTICS.—In subparagraph subsection (b)(2), shall— graph (2)(A) be made on the basis of such evi- (A), the term ‘characteristics’ means the ma- ‘‘(i) issue an order that the new product dence. terials, ingredients, design, composition, may be introduced or delivered for introduc- ‘‘(d) WITHDRAWAL AND TEMPORARY SUSPEN- heating source, or other features of a to- tion into interstate commerce if the Sec- SION.— bacco product. retary finds that none of the grounds speci- ‘‘(1) IN GENERAL.—The Secretary shall, ‘‘(C) LIMITATION.—A tobacco product may fied in paragraph (2) of this subsection ap- upon obtaining, where appropriate, advice on not be found to be substantially equivalent plies; or scientific matters from the Tobacco Prod- to a predicate tobacco product that has been ‘‘(ii) issue an order that the new product ucts Scientific Advisory Committee, and removed from the market at the initiative of may not be introduced or delivered for intro- after due notice and opportunity for infor- the Secretary or that has been determined duction into interstate commerce if the Sec- mal hearing for a tobacco product for which by a judicial order to be misbranded or adul- retary finds (and sets forth the basis for such an order was issued under subsection terated. finding as part of or accompanying such de- (c)(1)(A)(i), issue an order withdrawing the ‘‘(4) HEALTH INFORMATION.— nial) that 1 or more grounds for denial speci- order if the Secretary finds— ‘‘(A) SUMMARY.—As part of a submission fied in paragraph (2) of this subsection apply. ‘‘(A) that the continued marketing of such under section 905(j) respecting a tobacco ‘‘(B) RESTRICTIONS ON SALE AND DISTRIBU- tobacco product no longer is appropriate for product, the person required to file a pre- TION.—An order under subparagraph (A)(i) the protection of the public health; market notification under such section shall may require that the sale and distribution of ‘‘(B) that the application contained or was provide an adequate summary of any health the tobacco product be restricted but only to accompanied by an untrue statement of a information related to the tobacco product the extent that the sale and distribution of a material fact;

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.075 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5153 ‘‘(C) that the applicant— necessary in order to enable the Secretary to not produce smoke’, ‘smokefree’, ‘smoke- ‘‘(i) has failed to establish a system for determine, or facilitate a determination of, free’, ‘without smoke’, ‘no smoke’, or ‘not maintaining records, or has repeatedly or de- whether there is or may be grounds for with- smoke’. liberately failed to maintain records or to drawing or temporarily suspending such ‘‘(3) EFFECTIVE DATE.—The provisions of make reports, required by an applicable reg- order. paragraph (2)(A)(ii) shall take effect 12 ulation under section 909; ‘‘(2) ACCESS TO RECORDS.—Each person re- months after the date of enactment of the ‘‘(ii) has refused to permit access to, or quired under this section to maintain Family Smoking Prevention and Tobacco copying or verification of, such records as re- records, and each person in charge of custody Control Act for those products whose label, quired by section 704; or thereof, shall, upon request of an officer or labeling, or advertising contains the terms ‘‘(iii) has not complied with the require- employee designated by the Secretary, per- described in such paragraph on such date of ments of section 905; mit such officer or employee at all reason- enactment. The effective date shall be with ‘‘(D) on the basis of new information before able times to have access to and copy and respect to the date of manufacture, provided the Secretary with respect to such tobacco verify such records. that, in any case, beginning 30 days after product, evaluated together with the evi- ‘‘(g) INVESTIGATIONAL TOBACCO PRODUCT such effective date, a manufacturer shall not dence before the Secretary when the applica- EXEMPTION FOR INVESTIGATIONAL USE.—The introduce into the domestic commerce of the tion was reviewed, that the methods used in, Secretary may exempt tobacco products in- United States any product, irrespective of or the facilities and controls used for, the tended for investigational use from the pro- the date of manufacture, that is not in con- manufacture, processing, packing, or instal- visions of this chapter under such conditions formance with paragraph (2)(A)(ii). lation of such tobacco product do not con- as the Secretary may by regulation pre- ‘‘(c) TOBACCO DEPENDENCE PRODUCTS.—A form with the requirements of section 906(e) scribe. product that is intended to be used for the and were not brought into conformity with ‘‘SEC. 911. MODIFIED RISK TOBACCO PRODUCTS. treatment of tobacco dependence, including such requirements within a reasonable time smoking cessation, is not a modified risk to- ‘‘(a) IN GENERAL.—No person may intro- after receipt of written notice from the Sec- duce or deliver for introduction into inter- bacco product under this section if it has retary of nonconformity; state commerce any modified risk tobacco been approved as a drug or device by the ‘‘(E) on the basis of new information before product unless an order issued pursuant to Food and Drug Administration and is subject the Secretary, evaluated together with the to the requirements of chapter V. subsection (g) is effective with respect to evidence before the Secretary when the ap- ‘‘(d) FILING.—Any person may file with the plication was reviewed, that the labeling of such product. Secretary an application for a modified risk such tobacco product, based on a fair evalua- ‘‘(b) DEFINITIONS.—In this section: tobacco product. Such application shall in- tion of all material facts, is false or mis- ‘‘(1) MODIFIED RISK TOBACCO PRODUCT.—The clude— leading in any particular and was not cor- term ‘modified risk tobacco product’ means ‘‘(1) a description of the proposed product rected within a reasonable time after receipt any tobacco product that is sold or distrib- and any proposed advertising and labeling; of written notice from the Secretary of such uted for use to reduce harm or the risk of to- ‘‘(2) the conditions for using the product; fact; or bacco-related disease associated with com- ‘‘(3) the formulation of the product; ‘‘(F) on the basis of new information before mercially marketed tobacco products. ‘‘(4) sample product labels and labeling; the Secretary, evaluated together with the ‘‘(2) SOLD OR DISTRIBUTED.— ‘‘(5) all documents (including underlying evidence before the Secretary when such ‘‘(A) IN GENERAL.—With respect to a to- scientific information) relating to research order was issued, that such tobacco product bacco product, the term ‘sold or distributed findings conducted, supported, or possessed is not shown to conform in all respects to a for use to reduce harm or the risk of to- by the tobacco product manufacturer relat- tobacco product standard which is in effect bacco-related disease associated with coming to the effect of the product on tobacco- under section 907, compliance with which mercially marketed tobacco products’ means related diseases and health-related condi- was a condition to the issuance of an order a tobacco product— tions, including information both favorable relating to the application, and that there is ‘‘(i) the label, labeling, or advertising of and unfavorable to the ability of the product a lack of adequate information to justify the which represents explicitly or implicitly to reduce risk or exposure and relating to deviation from such standard. that— human health; ‘‘(2) APPEAL.—The holder of an application ‘‘(I) the tobacco product presents a lower ‘‘(6) data and information on how con- subject to an order issued under paragraph risk of tobacco-related disease or is less sumers actually use the tobacco product; and (1) withdrawing an order issued pursuant to harmful than one or more other commer- ‘‘(7) such other information as the Sec- subsection (c)(1)(A)(i) may, by petition filed cially marketed tobacco products; retary may require. on or before the 30th day after the date upon ‘‘(II) the tobacco product or its smoke con- ‘‘(e) PUBLIC AVAILABILITY.—The Secretary which such holder receives notice of such tains a reduced level of a substance or pre- shall make the application described in sub- withdrawal, obtain review thereof in accord- sents a reduced exposure to a substance; or section (d) publicly available (except matters ance with section 912. ‘‘(III) the tobacco product or its smoke in the application which are trade secrets or ‘‘(3) TEMPORARY SUSPENSION.—If, after pro- does not contain or is free of a substance; otherwise confidential, commercial informa- viding an opportunity for an informal hear- ‘‘(ii) the label, labeling, or advertising of tion) and shall request comments by inter- ing, the Secretary determines there is rea- which uses the descriptors ‘light’, ‘mild’, or ested persons on the information contained sonable probability that the continuation of ‘low’ or similar descriptors; or in the application and on the label, labeling, distribution of a tobacco product under an ‘‘(iii) the tobacco product manufacturer of and advertising accompanying such applica- order would cause serious, adverse health which has taken any action directed to con- tion. consequences or death, that is greater than sumers through the media or otherwise, ‘‘(f) ADVISORY COMMITTEE.— ordinarily caused by tobacco products on the other than by means of the tobacco product’s ‘‘(1) IN GENERAL.—The Secretary shall refer market, the Secretary shall by order tempo- label, labeling, or advertising, after the date to the Tobacco Products Scientific Advisory rarily suspend the authority of the manufac- of enactment of the Family Smoking Pre- Committee any application submitted under turer to market the product. If the Secretary vention and Tobacco Control Act, respecting this section. issues such an order, the Secretary shall pro- the product that would be reasonably ex- ‘‘(2) RECOMMENDATIONS.—Not later than 60 ceed expeditiously under paragraph (1) to pected to result in consumers believing that days after the date an application is referred withdraw such application. the tobacco product or its smoke may to the Tobacco Products Scientific Advisory ‘‘(e) SERVICE OF ORDER.—An order issued present a lower risk of disease or is less Committee under paragraph (1), the Advisory by the Secretary under this section shall be harmful than one or more commercially Committee shall report its recommendations served— marketed tobacco products, or presents a re- on the application to the Secretary. ‘‘(1) in person by any officer or employee of duced exposure to, or does not contain or is ‘‘(g) MARKETING.— the department designated by the Secretary; free of, a substance or substances. ‘‘(1) MODIFIED RISK PRODUCTS.—Except as or ‘‘(B) LIMITATION.—No tobacco product shall provided in paragraph (2), the Secretary ‘‘(2) by mailing the order by registered be considered to be ‘sold or distributed for shall, with respect to an application sub- mail or certified mail addressed to the appli- use to reduce harm or the risk of tobacco-re- mitted under this section, issue an order cant at the applicant’s last known address in lated disease associated with commercially that a modified risk product may be com- the records of the Secretary. marketed tobacco products’, except as de- mercially marketed only if the Secretary de- ‘‘(f) RECORDS.— scribed in subparagraph (A). termines that the applicant has dem- ‘‘(1) ADDITIONAL INFORMATION.—In the case ‘‘(C) SMOKELESS TOBACCO PRODUCT.—No onstrated that such product, as it is actually of any tobacco product for which an order smokeless tobacco product shall be consid- used by consumers, will— issued pursuant to subsection (c)(1)(A)(i) for ered to be ‘sold or distributed for use to re- ‘‘(A) significantly reduce harm and the an application filed under subsection (b) is in duce harm or the risk of tobacco-related dis- risk of tobacco-related disease to individual effect, the applicant shall establish and ease associated with commercially marketed tobacco users; and maintain such records, and make such re- tobacco products’ solely because its label, la- ‘‘(B) benefit the health of the population as ports to the Secretary, as the Secretary may beling, or advertising uses the following a whole taking into account both users of to- by regulation, or by order with respect to phrases to describe such product and its use: bacco products and persons who do not cur- such application, prescribe on the basis of a ‘smokeless tobacco’, ‘smokeless tobacco rently use tobacco products. finding that such records and reports are product’, ‘not consumed by smoking’, ‘does ‘‘(2) SPECIAL RULE FOR CERTAIN PRODUCTS.—

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‘‘(A) IN GENERAL.—The Secretary may behavior, and health and to enable the Sec- ‘‘(4) TIME.—An order issued under sub- issue an order that a tobacco product may be retary to review the accuracy of the deter- section (g)(1) shall be effective for a specified introduced or delivered for introduction into minations upon which the order was based in period of time. interstate commerce, pursuant to an applica- accordance with a protocol approved by the ‘‘(5) ADVERTISING.—The Secretary may re- tion under this section, with respect to a to- Secretary. quire, with respect to a product for which an bacco product that may not be commercially ‘‘(iii) ANNUAL SUBMISSION.—The results of applicant obtained an order under subsection marketed under paragraph (1) if the Sec- such postmarket surveillance and studies de- (g)(1), that the product comply with require- retary makes the findings required under scribed in clause (ii) shall be submitted an- ments relating to advertising and promotion this paragraph and determines that the ap- nually. of the tobacco product. plicant has demonstrated that— ‘‘(3) BASIS.—The determinations under ‘‘(i) POSTMARKET SURVEILLANCE AND STUD- ‘‘(i) such order would be appropriate to paragraphs (1) and (2) shall be based on— IES.— promote the public health; ‘‘(A) the scientific evidence submitted by ‘‘(1) IN GENERAL.—The Secretary shall re- ‘‘(ii) any aspect of the label, labeling, and the applicant; and quire, with respect to a product for which an advertising for such product that would ‘‘(B) scientific evidence and other informa- applicant obtained an order under subsection cause the tobacco product to be a modified tion that is made available to the Secretary. (g)(1), that the applicant conduct postmarket risk tobacco product under subsection (b) is ‘‘(4) BENEFIT TO HEALTH OF INDIVIDUALS AND surveillance and studies for such a tobacco limited to an explicit or implicit representa- OF POPULATION AS A WHOLE.—In making the product to determine the impact of the order tion that such tobacco product or its smoke determinations under paragraphs (1) and (2), issuance on consumer perception, behavior, does not contain or is free of a substance or the Secretary shall take into account— and health, to enable the Secretary to review contains a reduced level of a substance, or ‘‘(A) the relative health risks to individ- the accuracy of the determinations upon presents a reduced exposure to a substance uals of the tobacco product that is the sub- which the order was based, and to provide in- in tobacco smoke; ject of the application; formation that the Secretary determines is ‘‘(iii) scientific evidence is not available ‘‘(B) the increased or decreased likelihood otherwise necessary regarding the use or and, using the best available scientific meth- that existing users of tobacco products who health risks involving the tobacco product. ods, cannot be made available without con- would otherwise stop using such products The results of postmarket surveillance and ducting long-term epidemiological studies will switch to the tobacco product that is studies shall be submitted to the Secretary for an application to meet the standards set the subject of the application; on an annual basis. forth in paragraph (1); and ‘‘(C) the increased or decreased likelihood ‘‘(2) SURVEILLANCE PROTOCOL.—Each appli- ‘‘(iv) the scientific evidence that is avail- that persons who do not use tobacco prod- cant required to conduct a surveillance of a able without conducting long-term epidemio- ucts will start using the tobacco product tobacco product under paragraph (1) shall, logical studies demonstrates that a measur- that is the subject of the application; within 30 days after receiving notice that the able and substantial reduction in morbidity ‘‘(D) the risks and benefits to persons from applicant is required to conduct such surveil- or mortality among individual tobacco users the use of the tobacco product that is the lance, submit, for the approval of the Sec- is reasonably likely in subsequent studies. subject of the application as compared to the retary, a protocol for the required surveil- ‘‘(B) ADDITIONAL FINDINGS REQUIRED.—To use of products for smoking cessation ap- lance. The Secretary, within 60 days of the issue an order under subparagraph (A) the proved under chapter V to treat nicotine de- receipt of such protocol, shall determine if Secretary must also find that the applicant pendence; and the principal investigator proposed to be has demonstrated that— ‘‘(E) comments, data, and information sub- used in the surveillance has sufficient quali- ‘‘(i) the magnitude of the overall reduc- mitted by interested persons. fications and experience to conduct such sur- tions in exposure to the substance or sub- veillance and if such protocol will result in ‘‘(h) ADDITIONAL CONDITIONS FOR MAR- stances which are the subject of the applica- collection of the data or other information KETING.— tion is substantial, such substance or sub- designated by the Secretary as necessary to ‘‘(1) MODIFIED RISK PRODUCTS.—The Sec- stances are harmful, and the product as ac- protect the public health. retary shall require for the marketing of a tually used exposes consumers to the speci- ‘‘(j) WITHDRAWAL OF AUTHORIZATION.—The fied reduced level of the substance or sub- product under this section that any adver- Secretary, after an opportunity for an infor- stances; tising or labeling concerning modified risk mal hearing, shall withdraw an order under ‘‘(ii) the product as actually used by con- products enable the public to comprehend subsection (g) if the Secretary determines sumers will not expose them to higher levels the information concerning modified risk that— of other harmful substances compared to the and to understand the relative significance ‘‘(1) the applicant, based on new informa- similar types of tobacco products then on of such information in the context of total tion, can no longer make the demonstrations the market unless such increases are mini- health and in relation to all of the diseases required under subsection (g), or the Sec- mal and the reasonably likely overall impact and health-related conditions associated retary can no longer make the determina- of use of the product remains a substantial with the use of tobacco products. tions required under subsection (g); and measurable reduction in overall mor- ‘‘(2) COMPARATIVE CLAIMS.— ‘‘(2) the application failed to include mate- bidity and mortality among individual to- ‘‘(A) IN GENERAL.—The Secretary may re- rial information or included any untrue bacco users; quire for the marketing of a product under statement of material fact; ‘‘(iii) testing of actual consumer percep- this subsection that a claim comparing a to- ‘‘(3) any explicit or implicit representation tion shows that, as the applicant proposes to bacco product to 1 or more other commer- that the product reduces risk or exposure is label and market the product, consumers cially marketed tobacco products shall com- no longer valid, including if— will not be misled into believing that the pare the tobacco product to a commercially ‘‘(A) a tobacco product standard is estab- product— marketed tobacco product that is represent- lished pursuant to section 907; ‘‘(I) is or has been demonstrated to be less ative of that type of tobacco product on the ‘‘(B) an action is taken that affects the harmful; or market (for example the average value of the risks presented by other commercially mar- ‘‘(II) presents or has been demonstrated to top 3 brands of an established regular to- keted tobacco products that were compared present less of a risk of disease than 1 or bacco product). to the product that is the subject of the ap- more other commercially marketed tobacco ‘‘(B) QUANTITATIVE COMPARISONS.—The Sec- plication; or products; and retary may also require, for purposes of sub- ‘‘(C) any postmarket surveillance or stud- ‘‘(iv) issuance of an order with respect to paragraph (A), that the percent (or fraction) ies reveal that the order is no longer con- the application is expected to benefit the of change and identity of the reference to- sistent with the protection of the public health of the population as a whole taking bacco product and a quantitative comparison health; into account both users of tobacco products of the amount of the substance claimed to be ‘‘(4) the applicant failed to conduct or sub- and persons who do not currently use to- reduced shall be stated in immediate prox- mit the postmarket surveillance and studies bacco products. imity to the most prominent claim. required under subsection (g)(2)(C)(ii) or sub- ‘‘(C) CONDITIONS OF MARKETING.— ‘‘(3) LABEL DISCLOSURE.— section (i); or ‘‘(i) IN GENERAL.—Applications subject to ‘‘(A) IN GENERAL.—The Secretary may re- ‘‘(5) the applicant failed to meet a condi- an order under this paragraph shall be lim- quire the disclosure on the label of other tion imposed under subsection (h). ited to a term of not more than 5 years, but substances in the tobacco product, or sub- ‘‘(k) CHAPTER IV OR V.—A product for may be renewed upon a finding by the Sec- stances that may be produced by the con- which the Secretary has issued an order pur- retary that the requirements of this para- sumption of that tobacco product, that may suant to subsection (g) shall not be subject graph continue to be satisfied based on the affect a disease or health-related condition to chapter IV or V. filing of a new application. or may increase the risk of other diseases or ‘‘(l) IMPLEMENTING REGULATIONS OR GUID- ‘‘(ii) AGREEMENTS BY APPLICANT.—An order health-related conditions associated with ANCE.— under this paragraph shall be conditioned on the use of tobacco products. ‘‘(1) SCIENTIFIC EVIDENCE.—Not later than 2 the applicant’s agreement to conduct ‘‘(B) CONDITIONS OF USE.—If the conditions years after the date of enactment of the postmarket surveillance and studies and to of use of the tobacco product may affect the Family Smoking Prevention and Tobacco submit to the Secretary the results of such risk of the product to human health, the Control Act, the Secretary shall issue regu- surveillance and studies to determine the Secretary may require the labeling of condi- lations or guidance (or any combination impact of the order on consumer perception, tions of use. thereof) on the scientific evidence required

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for assessment and ongoing review of modi- ‘‘(B) RECORD OF PROCEEDINGS.—On receipt tion 3 of the Comprehensive Smokeless To- fied risk tobacco products. Such regulations of a petition under subparagraph (A), the bacco Health Education Act of 1986— or guidance shall— Secretary shall file in the court in which ‘‘(1) the Chairman of the Federal Trade ‘‘(A) to the extent that adequate scientific such petition was filed— Commission shall coordinate with the Sec- evidence exists, establish minimum stand- ‘‘(i) the record of the proceedings on which retary concerning the enforcement of such ards for scientific studies needed prior to the regulation or order was based; and Act as such enforcement relates to unfair or issuing an order under subsection (g) to show ‘‘(ii) a statement of the reasons for the deceptive acts or practices in the advertising that a substantial reduction in morbidity or issuance of such a regulation or order. of cigarettes or smokeless tobacco; and mortality among individual tobacco users ‘‘(C) DEFINITION OF RECORD.—In this sec- ‘‘(2) the Secretary shall consult with the occurs for products described in subsection tion, the term ‘record’ means— Chairman of such Commission in revising (g)(1) or is reasonably likely for products de- ‘‘(i) all notices and other matter published the label statements and requirements under scribed in subsection (g)(2); in the Federal Register with respect to the such sections. ‘‘(B) include validated biomarkers, inter- regulation or order reviewed; ‘‘SEC. 915. REGULATION REQUIREMENT. mediate clinical endpoints, and other fea- ‘‘(ii) all information submitted to the Sec- ‘‘(a) TESTING, REPORTING, AND DISCLO- sible outcome measures, as appropriate; retary with respect to such regulation or SURE.—Not later than 36 months after the ‘‘(C) establish minimum standards for order; date of enactment of the Family Smoking postmarket studies, that shall include reg- ‘‘(iii) proceedings of any panel or advisory Prevention and Tobacco Control Act, the ular and long-term assessments of health committee with respect to such regulation Secretary shall promulgate regulations outcomes and mortality, intermediate clin- or order; under this Act that meet the requirements of ical endpoints, consumer perception of harm ‘‘(iv) any hearing held with respect to such subsection (b). reduction, and the impact on quitting behav- regulation or order; and ‘‘(b) CONTENTS OF RULES.—The regulations ior and new use of tobacco products, as ap- ‘‘(v) any other information identified by promulgated under subsection (a)— propriate; the Secretary, in the administrative pro- ‘‘(1) shall require testing and reporting of ‘‘(D) establish minimum standards for re- ceeding held with respect to such regulation tobacco product constituents, ingredients, quired postmarket surveillance, including or order, as being relevant to such regulation and additives, including smoke constituents, ongoing assessments of consumer perception; or order. ‘‘(E) require that data from the required by brand and subbrand that the Secretary ‘‘(b) STANDARD OF REVIEW.—Upon the filing determines should be tested to protect the studies and surveillance be made available to of the petition under subsection (a) for judi- the Secretary prior to the decision on republic health, provided that, for purposes of cial review of a regulation or order, the the testing requirements of this paragraph, newal of a modified risk tobacco product; court shall have jurisdiction to review the and tobacco products manufactured and sold by a regulation or order in accordance with chap- single tobacco product manufacturer that ‘‘(F) establish a reasonable timetable for ter 7 of title 5, United States Code, and to the Secretary to review an application under are identical in all respects except the la- grant appropriate relief, including interim bels, packaging design, logo, trade dress, this section. relief, as provided for in such chapter. A reg- ‘‘(2) CONSULTATION.—The regulations or trademark, brand name, or any combination ulation or denial described in subsection (a) thereof, shall be considered as a single brand; guidance issued under paragraph (1) shall be shall be reviewed in accordance with section developed in consultation with the Institute and 706(2)(A) of title 5, United States Code. ‘‘(2) may require that tobacco product of Medicine, and with the input of other ap- ‘‘(c) FINALITY OF JUDGMENT.—The judg- manufacturers, packagers, or importers propriate scientific and medical experts, on ment of the court affirming or setting aside, make disclosures relating to the results of the design and conduct of such studies and in whole or in part, any regulation or order the testing of tar and nicotine through labels surveillance. shall be final, subject to review by the Su- or advertising or other appropriate means, ‘‘(3) REVISION.—The regulations or guid- preme Court of the United States upon cer- and make disclosures regarding the results ance under paragraph (1) shall be revised on tiorari or certification, as provided in sec- of the testing of other constituents, includ- a regular basis as new scientific information tion 1254 of title 28, United States Code. ing smoke constituents, ingredients, or addi- becomes available. ‘‘(d) OTHER REMEDIES.—The remedies pro- tives, that the Secretary determines should ‘‘(4) NEW TOBACCO PRODUCTS.—Not later vided for in this section shall be in addition be disclosed to the public to protect the pub- than 2 years after the date of enactment of to, and not in lieu of, any other remedies lic health and will not mislead consumers the Family Smoking Prevention and To- provided by law. bacco Control Act, the Secretary shall issue ‘‘(e) REGULATIONS AND ORDERS MUST RE- about the risk of tobacco-related disease. a regulation or guidance that permits the fil- CITE BASIS IN RECORD.—To facilitate judicial ‘‘(c) AUTHORITY.—The Secretary shall have ing of a single application for any tobacco review, a regulation or order issued under the authority under this chapter to conduct product that is a new tobacco product under section 906, 907, 908, 909, 910, or 916 shall con- or to require the testing, reporting, or dis- section 910 and which the applicant seeks to tain a statement of the reasons for the closure of tobacco product constituents, in- commercially market under this section. issuance of such regulation or order in the cluding smoke constituents. ‘‘(m) DISTRIBUTORS.—Except as provided in record of the proceedings held in connection ‘‘(d) SMALL TOBACCO PRODUCT MANUFAC- this section, no distributor may take any ac- with its issuance. TURERS.— tion, after the date of enactment of the Fam- ‘‘(1) FIRST COMPLIANCE DATE.—The initial ‘‘SEC. 913. EQUAL TREATMENT OF RETAIL OUT- ily Smoking Prevention and Tobacco Con- LETS. regulations promulgated under subsection trol Act, with respect to a tobacco product ‘‘The Secretary shall issue regulations to (a) shall not impose requirements on small that would reasonably be expected to result require that retail establishments for which tobacco product manufacturers before the in consumers believing that the tobacco the predominant business is the sale of to- later of— product or its smoke may present a lower bacco products comply with any advertising ‘‘(A) the end of the 2-year period following risk of disease or is less harmful than one or restrictions applicable to retail establish- the final promulgation of such regulations; more commercially marketed tobacco prod- ments accessible to individuals under the and ucts, or presents a reduced exposure to, or age of 18. ‘‘(B) the initial date set by the Secretary does not contain or is free of, a substance or for compliance with such regulations by substances. ‘‘SEC. 914. JURISDICTION OF AND COORDINATION WITH THE FEDERAL TRADE COMMIS- manufacturers that are not small tobacco ‘‘SEC. 912. JUDICIAL REVIEW. SION. product manufacturers. ‘‘(a) RIGHT TO REVIEW.— ‘‘(a) JURISDICTION.— ‘‘(2) TESTING AND REPORTING INITIAL COM- ‘‘(1) IN GENERAL.—Not later than 30 days ‘‘(1) IN GENERAL.—Except where expressly PLIANCE PERIOD.— after— provided in this chapter, nothing in this ‘‘(A) 4-YEAR PERIOD.—The initial regula- ‘‘(A) the promulgation of a regulation chapter shall be construed as limiting or di- tions promulgated under subsection (a) shall under section 907 establishing, amending, or minishing the authority of the Federal Trade give each small tobacco product manufac- revoking a tobacco product standard; or Commission to enforce the laws under its ju- turer a 4-year period over which to conduct ‘‘(B) a denial of an application under sec- risdiction with respect to the advertising, testing and reporting for all of its tobacco tion 910(c), sale, or distribution of tobacco products. products. Subject to paragraph (1), the end of any person adversely affected by such regu- ‘‘(2) ENFORCEMENT.—Any advertising that the first year of such 4-year period shall co- lation or denial may file a petition for judi- violates this chapter or a provision of the incide with the initial date of compliance cial review of such regulation or denial with regulations referred to in section 102 of the under this section set by the Secretary with the United States Court of Appeals for the Family Smoking Prevention and Tobacco respect to manufacturers that are not small District of Columbia or for the circuit in Control Act, is an unfair or deceptive act or tobacco product manufacturers or the end of which such person resides or has their prin- practice under section 5(a) of the Federal the 2-year period following the final promul- cipal place of business. Trade Commission Act and shall be consid- gation of such regulations, as described in ‘‘(2) REQUIREMENTS.— ered a violation of a rule promulgated under paragraph (1)(A). A small tobacco product ‘‘(A) COPY OF PETITION.—A copy of the peti- section 18 of that Act. manufacturer shall be required— tion filed under paragraph (1) shall be trans- ‘‘(b) COORDINATION.—With respect to the re- ‘‘(i) to conduct such testing and reporting mitted by the clerk of the court involved to quirements of section 4 of the Federal Ciga- for 25 percent of its tobacco products during the Secretary. rette Labeling and Advertising Act and sec- each year of such 4-year period; and

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If the Secretary finds that the conditions PRODUCT LIABILITY.—No provision of this retary. described in such paragraph are met, the chapter relating to a tobacco product shall ‘‘(B) CASE-BY-CASE DELAY.—Notwith- Secretary shall notify the small tobacco be construed to modify or otherwise affect standing subparagraph (A), the Secretary product manufacturer that the manufacturer any action or the liability of any person may, on a case-by-case basis, delay the date shall not be considered to be in violation of under the product liability law of any State. by which an individual small tobacco prod- the testing and reporting requirements of ‘‘SEC. 917. TOBACCO PRODUCTS SCIENTIFIC AD- uct manufacturer must conduct testing and this section until the testing is reported or VISORY COMMITTEE. reporting for its tobacco products under this until 1 year after the reporting deadline has ‘‘(a) ESTABLISHMENT.—Not later than 6 section based upon a showing of undue hard- passed, whichever occurs sooner. If, however, months after the date of enactment of the ship to such manufacturer. Notwithstanding the Secretary has not made a finding before Family Smoking Prevention and Tobacco the preceding sentence, the Secretary shall the reporting deadline, the manufacturer Control Act, the Secretary shall establish a not extend the deadline for a small tobacco shall not be considered to be in violation of 12-member advisory committee, to be known product manufacturer to conduct testing and such requirements until the Secretary finds as the Tobacco Products Scientific Advisory reporting for all of its tobacco products be- that the conditions described in paragraph Committee (in this section referred to as the yond a total of 5 years after the initial date (2) have not been met, or until 1 year after ‘Advisory Committee’). of compliance under this section set by the the reporting deadline, whichever occurs ‘‘(b) MEMBERSHIP.— Secretary with respect to manufacturers sooner. ‘‘(1) IN GENERAL.— that are not small tobacco product manufac- ‘‘(4) ADDITIONAL EXTENSION.—In addition to ‘‘(A) MEMBERS.—The Secretary shall ap- turers. the time that may be provided under para- point as members of the Tobacco Products ‘‘(3) SUBSEQUENT AND ADDITIONAL TESTING graph (3), the Secretary may provide further Scientific Advisory Committee individuals AND REPORTING.—The regulations promul- extensions of time, in increments of no more who are technically qualified by training and gated under subsection (a) shall provide that, than 1 year, for required testing and report- experience in medicine, medical ethics, with respect to any subsequent or additional ing to occur if the Secretary determines, testing and reporting of tobacco products re- based on evidence properly and timely sub- science, or technology involving the manu- quired under this section, such testing and mitted by a small tobacco product manufac- facture, evaluation, or use of tobacco prod- reporting by a small tobacco product manu- turer in accordance with paragraph (2), that ucts, who are of appropriately diversified facturer shall be conducted in accordance a lack of available laboratory capacity pre- professional backgrounds. The committee with the timeframes described in paragraph vents the manufacturer from completing the shall be composed of— (2)(A), except that, in the case of a new prod- required testing during the period described ‘‘(i) 7 individuals who are physicians, den- uct, or if there has been a modification de- in paragraph (3). tists, scientists, or health care professionals scribed in section 910(a)(1)(B) of any product ‘‘(f) RULE OF CONSTRUCTION.—Nothing in practicing in the area of oncology, of a small tobacco product manufacturer subsection (d) or (e) shall be construed to au- pulmonology, cardiology, toxicology, phar- since the last testing and reporting required thorize the extension of any deadline, or to macology, addiction, or any other relevant under this section, the Secretary shall re- otherwise affect any timeframe, under any specialty; quire that any subsequent or additional test- provision of this Act or the Family Smoking ‘‘(ii) 1 individual who is an officer or em- ing and reporting be conducted in accordance Prevention and Tobacco Control Act other ployee of a State or local government or of with the same timeframe applicable to man- than this section. the Federal Government; ufacturers that are not small tobacco prod- ‘‘SEC. 916. PRESERVATION OF STATE AND LOCAL ‘‘(iii) 1 individual as a representative of the uct manufacturers. AUTHORITY. general public; ‘‘(4) JOINT LABORATORY TESTING SERVICES.— ‘‘(a) IN GENERAL.— ‘‘(iv) 1 individual as a representative of the The Secretary shall allow any 2 or more ‘‘(1) PRESERVATION.—Except as provided in interests of the tobacco manufacturing in- small tobacco product manufacturers to join paragraph (2)(A), nothing in this chapter, or dustry; together to purchase laboratory testing serv- rules promulgated under this chapter, shall ‘‘(v) 1 individual as a representative of the ices required by this section on a group basis be construed to limit the authority of a Fed- interests of the small business tobacco man- in order to ensure that such manufacturers eral agency (including the Armed Forces), a ufacturing industry, which position may be receive access to, and fair pricing of, such State or political subdivision of a State, or filled on a rotating, sequential basis by rep- testing services. the government of an Indian tribe to enact, resentatives of different small business to- ‘‘(e) EXTENSIONS FOR LIMITED LABORATORY adopt, promulgate, and enforce any law, bacco manufacturers based on areas of exper- CAPACITY.— rule, regulation, or other measure with re- tise relevant to the topics being considered ‘‘(1) IN GENERAL.—The regulations promul- spect to tobacco products that is in addition by the Advisory Committee; and gated under subsection (a) shall provide that to, or more stringent than, requirements es- ‘‘(vi) 1 individual as a representative of the a small tobacco product manufacturer shall tablished under this chapter, including a interests of the tobacco growers. not be considered to be in violation of this law, rule, regulation, or other measure relat- ‘‘(B) NONVOTING MEMBERS.—The members section before the deadline applicable under ing to or prohibiting the sale, distribution, of the committee appointed under clauses paragraphs (3) and (4), if— possession, exposure to, access to, adver- (iv), (v), and (vi) of subparagraph (A) shall ‘‘(A) the tobacco products of such manufac- tising and promotion of, or use of tobacco serve as consultants to those described in turer are in compliance with all other re- products by individuals of any age, informa- clauses (i) through (iii) of subparagraph (A) quirements of this chapter; and tion reporting to the State, or measures re- and shall be nonvoting representatives. ‘‘(B) the conditions described in paragraph lating to fire safety standards for tobacco ‘‘(C) CONFLICTS OF INTEREST.—No members (2) are met. products. No provision of this chapter shall of the committee, other than members ap- ‘‘(2) CONDITIONS.—Notwithstanding the re- limit or otherwise affect any State, Tribal, pointed pursuant to clauses (iv), (v), and (vi) quirements of this section, the Secretary or local taxation of tobacco products. of subparagraph (A) shall, during the mem- may delay the date by which a small tobacco ‘‘(2) PREEMPTION OF CERTAIN STATE AND ber’s tenure on the committee or for the 18- product manufacturer must be in compliance LOCAL REQUIREMENTS.— month period prior to becoming such a mem- with the testing and reporting required by ‘‘(A) IN GENERAL.—No State or political ber, receive any salary, grants, or other pay- this section until such time as the testing is subdivision of a State may establish or con- ments or support from any business that reported if, not later than 90 days before the tinue in effect with respect to a tobacco manufactures, distributes, markets, or sells deadline for reporting in accordance with product any requirement which is different cigarettes or other tobacco products. this section, a small tobacco product manu- from, or in addition to, any requirement ‘‘(2) LIMITATION.—The Secretary may not facturer provides evidence to the Secretary under the provisions of this chapter relating appoint to the Advisory Committee any indi- demonstrating that— to tobacco product standards, premarket re- vidual who is in the regular full-time employ ‘‘(A) the manufacturer has submitted the view, adulteration, misbranding, labeling, of the Food and Drug Administration or any required products for testing to a laboratory registration, good manufacturing standards, agency responsible for the enforcement of and has done so sufficiently in advance of or modified risk tobacco products. this Act. The Secretary may appoint Federal the deadline to create a reasonable expecta- ‘‘(B) EXCEPTION.—Subparagraph (A) does officials as ex officio members. tion of completion by the deadline; not apply to requirements relating to the ‘‘(3) CHAIRPERSON.—The Secretary shall ‘‘(B) the products currently are awaiting sale, distribution, possession, information designate 1 of the members appointed under testing by the laboratory; and reporting to the State, exposure to, access clauses (i), (ii), and (iii) of paragraph (1)(A) ‘‘(C) neither that laboratory nor any other to, the advertising and promotion of, or use to serve as chairperson. laboratory is able to complete testing by the of, tobacco products by individuals of any ‘‘(c) DUTIES.—The Tobacco Products Sci- deadline at customary, nonexpedited testing age, or relating to fire safety standards for entific Advisory Committee shall provide ad- fees. tobacco products. Information disclosed to a vice, information, and recommendations to ‘‘(3) EXTENSION.—The Secretary, taking State under subparagraph (A) that is exempt the Secretary— into account the laboratory testing capacity from disclosure under section 552(b)(4) of ‘‘(1) as provided in this chapter;

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‘‘(2) on the effects of the alteration of the facilitate the exchange of information on ‘‘(3) DETERMINATION OF USER FEE BY COM- nicotine yields from tobacco products; such innovative products and treatments PANY.— ‘‘(3) on whether there is a threshold level among relevant offices and centers within ‘‘(A) IN GENERAL.—The total user fee to be below which nicotine yields do not produce the Administration and within the National paid by each manufacturer or importer of a dependence on the tobacco product involved; Institutes of Health, the Centers for Disease particular class of tobacco products shall be and Control and Prevention, and other relevant determined for each quarter by multi- ‘‘(4) on its review of other safety, depend- agencies. plying— ence, or health issues relating to tobacco ‘‘SEC. 919. USER FEES. ‘‘(i) such manufacturer’s or importer’s per- products as requested by the Secretary. ‘‘(a) ESTABLISHMENT OF QUARTERLY FEE.— centage share as determined under para- ‘‘(d) COMPENSATION; SUPPORT; FACA.— Beginning on the date of enactment of the graph (4); by ‘‘(1) COMPENSATION AND TRAVEL.—Members Family Smoking Prevention and Tobacco ‘‘(ii) the portion of the user fee amount for of the Advisory Committee who are not offi- Control Act, the Secretary shall in accord- the current quarter to be assessed on all cers or employees of the United States, while ance with this section assess user fees on, manufacturers and importers of such class of attending conferences or meetings of the and collect such fees from, each manufac- tobacco products as determined under para- committee or otherwise engaged in its busi- turer and importer of tobacco products sub- graph (2). ness, shall be entitled to receive compensa- ject to this chapter. The fees shall be as- ‘‘(B) NO FEE IN EXCESS OF PERCENTAGE tion at rates to be fixed by the Secretary, sessed and collected with respect to each SHARE.—No manufacturer or importer of to- which may not exceed the daily equivalent of quarter of each fiscal year, and the total bacco products shall be required to pay a the rate in effect under the Senior Executive amount assessed and collected for a fiscal user fee in excess of the percentage share of Schedule under section 5382 of title 5, United year shall be the amount specified in sub- such manufacturer or importer. States Code, for each day (including travel section (b)(1) for such year, subject to sub- ‘‘(4) ALLOCATION OF ASSESSMENT WITHIN time) they are so engaged; and while so serv- section (c). EACH CLASS OF TOBACCO PRODUCT.—The per- ing away from their homes or regular places ‘‘(b) ASSESSMENT OF USER FEE.— centage share of each manufacturer or im- of business each member may be allowed ‘‘(1) AMOUNT OF ASSESSMENT.—The total porter of a particular class of tobacco prod- travel expenses, including per diem in lieu of amount of user fees authorized to be assessed ucts of the total user fee to be paid by all subsistence, as authorized by section 5703 of and collected under subsection (a) for a fiscal manufacturers or importers of that class of title 5, United States Code, for persons in the year is the following, as applicable to the fis- tobacco products shall be the percentage de- Government service employed intermit- cal year involved: termined for purposes of allocations under tently. ‘‘(A) For fiscal year 2009, $85,000,000 (sub- subsections (e) through (h) of section 625 of ‘‘(2) ADMINISTRATIVE SUPPORT.—The Sec- ject to subsection (e)). Public Law 108–357. retary shall furnish the Advisory Committee ‘‘(B) For fiscal year 2010, $235,000,000. ‘‘(5) ALLOCATION FOR CIGARS.—Notwith- clerical and other assistance. ‘‘(C) For fiscal year 2011, $450,000,000. standing paragraph (4), if a user fee assess- ‘‘(3) NONAPPLICATION OF FACA.—Section 14 ‘‘(D) For fiscal year 2012, $477,000,000. ment is imposed on cigars, the percentage of the Federal Advisory Committee Act does ‘‘(E) For fiscal year 2013, $505,000,000. share of each manufacturer or importer of ci- not apply to the Advisory Committee. ‘‘(F) For fiscal year 2014, $534,000,000. gars shall be based on the excise taxes paid ‘‘(e) PROCEEDINGS OF ADVISORY PANELS AND ‘‘(G) For fiscal year 2015, $566,000,000. by such manufacturer or importer during the COMMITTEES.—The Advisory Committee shall ‘‘(H) For fiscal year 2016, $599,000,000. prior fiscal year. make and maintain a transcript of any pro- ‘‘(I) For fiscal year 2017, $635,000,000. ‘‘(6) TIMING OF ASSESSMENT.—The Sec- ceeding of the panel or committee. Each ‘‘(J) For fiscal year 2018, $672,000,000. retary shall notify each manufacturer and such panel and committee shall delete from ‘‘(K) For fiscal year 2019 and each subse- importer of tobacco products subject to this any transcript made under this subsection quent fiscal year, $712,000,000. section of the amount of the quarterly as- information which is exempt from disclosure ‘‘(2) ALLOCATIONS OF ASSESSMENT BY CLASS sessment imposed on such manufacturer or under section 552(b) of title 5, United States OF TOBACCO PRODUCTS.— importer under this subsection for each Code. ‘‘(A) IN GENERAL.—The total user fees as- quarter of each fiscal year. Such notifica- ‘‘SEC. 918. DRUG PRODUCTS USED TO TREAT TO- sessed and collected under subsection (a) tions shall occur not later than 30 days prior BACCO DEPENDENCE. each fiscal year with respect to each class of to the end of the quarter for which such as- ‘‘(a) IN GENERAL.—The Secretary shall— tobacco products shall be an amount that is sessment is made, and payments of all as- ‘‘(1) at the request of the applicant, con- equal to the applicable percentage of each sessments shall be made by the last day of sider designating products for smoking ces- class for the fiscal year multiplied by the the quarter involved. sation, including nicotine replacement prod- amount specified in paragraph (1) for the fis- ‘‘(7) MEMORANDUM OF UNDERSTANDING.— ucts as fast track research and approval cal year. ‘‘(A) IN GENERAL.—The Secretary shall re- products within the meaning of section 506; ‘‘(B) APPLICABLE PERCENTAGE.— quest the appropriate Federal agency to ‘‘(2) consider approving the extended use of ‘‘(i) IN GENERAL.—For purposes of subpara- enter into a memorandum of understanding nicotine replacement products (such as nico- graph (A), the applicable percentage for a fis- that provides for the regular and timely tine patches, nicotine gum, and nicotine loz- cal year for each of the following classes of transfer from the head of such agency to the enges) for the treatment of tobacco depend- tobacco products shall be determined in ac- Secretary of the information described in ence; and cordance with clause (ii): paragraphs (2)(B)(ii) and (4) and all necessary ‘‘(3) review and consider the evidence for ‘‘(I) Cigarettes. information regarding all tobacco product additional indications for nicotine replace- ‘‘(II) Cigars, including small cigars and ci- manufacturers and importers required to pay ment products, such as for craving relief or gars other than small cigars. user fees. The Secretary shall maintain all relapse prevention. ‘‘(III) Snuff. disclosure restrictions established by the ‘‘(b) REPORT ON INNOVATIVE PRODUCTS.— ‘‘(IV) Chewing tobacco. head of such agency regarding the informa- ‘‘(1) IN GENERAL.—Not later than 3 years ‘‘(V) Pipe tobacco. tion provided under the memorandum of un- after the date of enactment of the Family ‘‘(VI) Roll-your-own tobacco. derstanding. Smoking Prevention and Tobacco Control ‘‘(ii) ALLOCATIONS.—The applicable per- ‘‘(B) ASSURANCES.—Beginning not later Act, the Secretary, after consultation with centage of each class of tobacco product de- than fiscal year 2015, and for each subsequent recognized scientific, medical, and public scribed in clause (i) for a fiscal year shall be fiscal year, the Secretary shall ensure that health experts (including both Federal agen- the percentage determined under section the Food and Drug Administration is able to cies and nongovernmental entities, the Insti- 625(c) of Public Law 108–357 for each such determine the applicable percentages de- tute of Medicine of the National Academy of class of product for such fiscal year. scribed in paragraph (2) and the percentage Sciences, and the Society for Research on ‘‘(iii) REQUIREMENT OF REGULATIONS.—Not- shares described in paragraph (4). The Sec- Nicotine and Tobacco), shall submit to the withstanding clause (ii), no user fees shall be retary may carry out this subparagraph by Congress a report that examines how best to assessed on a class of tobacco products un- entering into a contract with the head of the regulate, promote, and encourage the devel- less such class of tobacco products is listed Federal agency referred to in subparagraph opment of innovative products and treat- in section 901(b) or is deemed by the Sec- (A) to continue to provide the necessary in- ments (including nicotine-based and non-nic- retary in a regulation under section 901(b) to formation. otine-based products and treatments) to bet- be subject to this chapter. ‘‘(c) CREDITING AND AVAILABILITY OF ter achieve, in a manner that best protects ‘‘(iv) REALLOCATIONS.—In the case of a FEES.— and promotes the public health— class of tobacco products that is not listed in ‘‘(1) IN GENERAL.—Fees authorized under ‘‘(A) total abstinence from tobacco use; section 901(b) or deemed by the Secretary in subsection (a) shall be collected and avail- ‘‘(B) reductions in consumption of tobacco; a regulation under section 901(b) to be sub- able for obligation only to the extent and in and ject to this chapter, the amount of user fees the amount provided in advance in appro- ‘‘(C) reductions in the harm associated that would otherwise be assessed to such priations Acts. Such fees are authorized to with continued tobacco use. class of tobacco products shall be reallocated remain available until expended. Such sums ‘‘(2) RECOMMENDATIONS.—The report under to the classes of tobacco products that are as may be necessary may be transferred from paragraph (1) shall include the recommenda- subject to this chapter in the same manner the Food and Drug Administration salaries tions of the Secretary on how the Food and and based on the same relative percentages and expenses appropriation account without Drug Administration should coordinate and otherwise determined under clause (ii). fiscal year limitation to such appropriation

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.076 S05MYPT1 smartinez on PROD1PC64 with SENATE S5158 CONGRESSIONAL RECORD — SENATE May 5, 2009 account for salaries and expenses with such title 5, United States Code, and all other pro- qualified adult-only facility, unless they fiscal year limitation. visions of law relating to rulemaking proce- make unreasonable efforts to do so; and ‘‘(2) AVAILABILITY.— dures. ‘‘(vi) does not display on its exterior— ‘‘(A) IN GENERAL.—Fees appropriated under (2) CONTENTS OF RULE.—Except as provided ‘‘(I) any tobacco product advertising; paragraph (3) are available only for the pur- in this subsection, the final rule published ‘‘(II) a brand name other than in conjunc- pose of paying the costs of the activities of under paragraph (1), shall be identical in its tion with words for an area or enclosure to the Food and Drug Administration related to provisions to part 897 of the regulations pro- identify an adult-only facility; or the regulation of tobacco products under this mulgated by the Secretary of Health and ‘‘(III) any combination of words that would chapter and the Family Smoking Prevention Human Services in the August 28, 1996, issue imply to a reasonable observer that the man- and Tobacco Control Act. No fees collected of the Federal Register (61 Fed. Reg., 44615– ufacturer, distributor, or retailer has a spon- under subsection (a) may be used for any 44618). Such rule shall— sorship that would violate section 897.34(c). other costs. (A) provide for the designation of jurisdic- ‘‘(D) Distribution of samples of smokeless ‘‘(B) PROHIBITION AGAINST USE OF OTHER tional authority that is in accordance with tobacco under this subparagraph permitted FUNDS.— this subsection in accordance with this Act to be taken out of the qualified adult-only ‘‘(i) IN GENERAL.—Except as provided in and the amendments made by this Act; facility shall be limited to 1 package per clause (ii), fees collected under subsection (a) (B) strike Subpart C—Labels and section adult consumer containing no more than 0.53 are the only funds authorized to be made 897.32(c); ounces (15 grams) of smokeless tobacco. If available for the purpose described in sub- (C) strike paragraphs (a), (b), and (i) of sec- such package of smokeless tobacco contains paragraph (A). tion 897.3 and insert definitions of the terms individual portions of smokeless tobacco, the ‘‘(ii) STARTUP COSTS.—Clause (i) does not ‘‘cigarette’’, ‘‘cigarette tobacco,’’, and individual portions of smokeless tobacco apply until the date on which the Secretary ‘‘smokeless tobacco’’ as defined in section shall not exceed 8 individual portions and has collected fees under subsection (a) for 2 900 of the Federal Food, Drug, and Cosmetic the collective weight of such individual por- fiscal year quarters. Any amounts provided Act; tions shall not exceed 0.53 ounces (15 grams). to pay the costs described in subparagraph (D) insert ‘‘or roll-your-own paper’’ in sec- Any manufacturer, distributor, or retailer (A) prior to the date described in the pre- tion 897.34(a) after ‘‘other than cigarettes or who distributes or causes to be distributed vious sentence shall be reimbursed through smokeless tobacco’’; free samples also shall take reasonable steps fees collected under subsection (a). (E) include such modifications to section to ensure that the above amounts are lim- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 897.30(b), if any, that the Secretary deter- ited to one such package per adult consumer For fiscal year 2009 and each subsequent fis- mines are appropriate in light of governing per day. cal year, there is authorized to be appro- First Amendment case law, including the de- ‘‘(3) Notwithstanding subparagraph (2), no priated for fees under this section an amount cision of the Supreme Court of the United manufacturer, distributor, or retailer may equal to the amount specified in subsection States in Lorillard Tobacco Co. v. Reilly (533 distribute or cause to be distributed any free samples of smokeless tobacco— (b)(1) for the fiscal year. U.S. 525 (2201)); ‘‘(A) to a sports team or entertainment ‘‘(d) COLLECTION OF UNPAID FEES.—In any (F) become effective on the date that is 1 group; or case where the Secretary does not receive year after the date of enactment of this Act; ‘‘(B) at any football, basketball, baseball, payment of a fee assessed under subsection (G) amend paragraph (d) of section 897.16 to soccer, or hockey event or any other sport- (a) within 30 days after it is due, such fee read as follows: shall be treated as a claim of the United ing or entertainment event determined by ‘‘(d)(1) Except as provided in subparagraph States Government subject to subchapter II the Secretary to be covered by this subpara- (2), no manufacturer, distributor, or retailer of chapter 37 of title 31, United States Code. graph. may distribute or cause to be distributed any ‘‘(e) APPLICABILITY TO FISCAL YEAR 2009.— ‘‘(4) The Secretary shall implement a pro- If the date of enactment of the Family free samples of cigarettes, smokeless to- gram to ensure compliance with this para- Smoking Prevention and Tobacco Control bacco, or other tobacco products (as such graph and submit a report to the Congress on Act occurs during fiscal year 2009, the fol- term is defined in section 201 of the Federal such compliance not later than 18 months lowing applies, subject to subsection (c): Food, Drug, and Cosmetic Act). after the date of enactment of the Family ‘‘(1) The Secretary shall determine the fees ‘‘(2)(A) Subparagraph (1) does not prohibit Smoking Prevention and Tobacco Control that would apply for a single quarter of such a manufacturer, distributor, or retailer from Act. fiscal year according to the application of distributing or causing to be distributed free ‘‘(5) Nothing in this paragraph shall be subsection (b) to the amount specified in samples of smokeless tobacco in a qualified construed to authorize any person to dis- paragraph (1)(A) of such subsection (referred adult-only facility. tribute or cause to be distributed any sample to in this subsection as the ‘quarterly fee ‘‘(B) This subparagraph does not affect the of a tobacco product to any individual who amounts’). authority of a State or local government to has not attained the minimum age estab- ‘‘(2) For the quarter in which such date of prohibit or otherwise restrict the distribu- lished by applicable law for the purchase of enactment occurs, the amount of fees as- tion of free samples of smokeless tobacco. such product.’’. sessed shall be a pro rata amount, deter- ‘‘(C) For purposes of this paragraph, the (3) AMENDMENTS TO RULE.—Prior to making mined according to the number of days re- term ‘qualified adult-only facility’ means a amendments to the rule published under maining in the quarter (including such date facility or restricted area that— paragraph (1), the Secretary shall promul- of enactment) and according to the daily ‘‘(i) requires each person present to provide gate a proposed rule in accordance with equivalent of the quarterly fee amounts. to a law enforcement officer (whether on or chapter 5 of title 5, United States Code. Fees assessed under the preceding sentence off duty) or to a security guard licensed by a (4) RULE OF CONSTRUCTION.—Except as pro- shall not be collected until the next quarter. governmental entity government-issued vided in paragraph (3), nothing in this sec- ‘‘(3) For the quarter following the quarter identification showing a photograph and at tion shall be construed to limit the author- to which paragraph (2) applies, the full quar- least the minimum age established by appli- ity of the Secretary to amend, in accordance terly fee amounts shall be assessed and col- cable law for the purchase of smokeless to- with chapter 5 of title 5, United States Code, lected, in addition to collection of the pro bacco; the regulation promulgated pursuant to this rata fees assessed under paragraph (2).’’. ‘‘(ii) does not sell, serve, or distribute alco- section, including the provisions of such reg- (c) CONFORMING AMENDMENT.—Section 9(1) hol; ulation relating to distribution of free sam- of the Comprehensive Smokeless Tobacco ‘‘(iii) is not located adjacent to or imme- ples. Health Education Act of 1986 (15 U.S.C. diately across from (in any direction) a space (5) ENFORCEMENT OF RETAIL SALE PROVI- 4408(i)) is amended to read as follows: that is used primarily for youth-oriented SIONS.—The Secretary of Health and Human ‘‘(1) The term ‘smokeless tobacco’ has the marketing, promotional, or other activities; Services shall ensure that the provisions of meaning given such term by section 900(18) ‘‘(iv) is a temporary structure constructed, this Act, the amendments made by this Act, of the Federal Food, Drug, and Cosmetic designated, and operated as a distinct en- and the implementing regulations (including Act.’’. closed area for the purpose of distributing such provisions, amendments, and regula- SEC. 102. FINAL RULE. free samples of smokeless tobacco in accord- tions relating to the retail sale of tobacco (a) CIGARETTES AND SMOKELESS TOBACCO.— ance with this subparagraph; and products) are enforced with respect to the (1) IN GENERAL.—On the first day of publi- ‘‘(v) is enclosed by a barrier that— United States and Indian tribes. cation of the Federal Register that is 180 ‘‘(I) is constructed of, or covered with, an (6) QUALIFIED ADULT-ONLY FACILITY.—A days or more after the date of enactment of opaque material (except for entrances and qualified adult-only facility (as such term is this Act, the Secretary of Health and Human exits); defined in section 897.16(d) of the final rule Services shall publish in the Federal Reg- ‘‘(II) extends from no more than 12 inches published under paragraph (1)) that is also a ister a final rule regarding cigarettes and above the ground or floor (which area at the retailer and that commits a violation as a smokeless tobacco, which— bottom of the barrier must be covered with retailer shall not be subject to the limita- (A) is deemed to be issued under chapter 9 material that restricts visibility but may tions in section 103(q) and shall be subject to of the Federal Food, Drug, and Cosmetic Act, allow airflow) to at least 8 feet above the penalties applicable to a qualified adult-only as added by section 101 of this Act; and ground or floor (or to the ceiling); and facility. (B) shall be deemed to be in compliance ‘‘(III) prevents persons outside the quali- (7) CONGRESSIONAL REVIEW PROVISIONS.— with all applicable provisions of chapter 5 of fied adult-only facility from seeing into the Section 801 of title 5, United States Code,

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.076 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5159 shall not apply to the final rule published (11) in subsection (q)(2), by striking ‘‘de- (C) by adding at the end the following: under paragraph (1). vice,’’ and inserting ‘‘device or tobacco prod- ‘‘(D) The Secretary may compromise, mod- (b) LIMITATION ON ADVISORY OPINIONS.—As uct,’’; ify, or terminate, with or without condi- of the date of enactment of this Act, the fol- (12) in subsection (r), by inserting ‘‘or to- tions, any no-tobacco-sale order.’’; lowing documents issued by the Food and bacco product’’ after the term ‘‘device’’ each (3) in paragraph (6)— Drug Administration shall not constitute ad- time that such term appears; and (A) by inserting ‘‘or the imposition of a no- visory opinions under section 10.85(d)(1) of (13) by adding at the end the following: tobacco-sale order’’ after the term ‘‘penalty’’ title 21, Code of Federal Regulations, except ‘‘(oo) The sale of tobacco products in viola- each place such term appears; and as they apply to tobacco products, and shall tion of a no-tobacco-sale order issued under (B) by striking ‘‘issued.’’ and inserting not be cited by the Secretary of Health and section 303(f). ‘‘issued, or on which the no-tobacco-sale Human Services or the Food and Drug Ad- ‘‘(pp) The introduction or delivery for in- order was imposed, as the case may be.’’; and ministration as binding precedent: troduction into interstate commerce of a to- (4) by adding at the end the following: (1) The preamble to the proposed rule in bacco product in violation of section 911. ‘‘(8) If the Secretary finds that a person the document titled ‘‘Regulations Restrict- ‘‘(qq)(1) Forging, counterfeiting, simu- has committed repeated violations of restric- ing the Sale and Distribution of Cigarettes lating, or falsely representing, or without tions promulgated under section 906(d) at a and Smokeless Tobacco Products to Protect proper authority using any mark, stamp (in- particular retail outlet then the Secretary Children and Adolescents’’ (60 Fed. Reg. cluding tax stamp), tag, label, or other iden- may impose a no-tobacco-sale order on that 41314–41372 (August 11, 1995)). tification device upon any tobacco product person prohibiting the sale of tobacco prod- (2) The document titled ‘‘Nicotine in Ciga- or container or labeling thereof so as to ucts in that outlet. A no-tobacco-sale order rettes and Smokeless Tobacco Products is a render such tobacco product a counterfeit to- may be imposed with a civil penalty under Drug and These Products Are Nicotine Deliv- bacco product. paragraph (1). Prior to the entry of a no-sale ery Devices Under the Federal Food, Drug, ‘‘(2) Making, selling, disposing of, or keep- order under this paragraph, a person shall be and Cosmetic Act’’ (60 Fed. Reg. 41453–41787 ing in possession, control, or custody, or con- entitled to a hearing pursuant to the proce- (August 11, 1995)). cealing any punch, die, plate, stone, or other dures established through regulations of the (3) The preamble to the final rule in the item that is designed to print, imprint, or re- Food and Drug Administration for assessing document titled ‘‘Regulations Restricting produce the trademark, trade name, or other civil money penalties, including at a retail- the Sale and Distribution of Cigarettes and identifying mark, imprint, or device of an- er’s request a hearing by telephone, or at the Smokeless Tobacco to Protect Children and other or any likeness of any of the foregoing nearest regional or field office of the Food Adolescents’’ (61 Fed. Reg. 44396–44615 (Au- upon any tobacco product or container or la- and Drug Administration, or at a Federal, gust 28, 1996)). beling thereof so as to render such tobacco State, or county facility within 100 miles (4) The document titled ‘‘Nicotine in Ciga- product a counterfeit tobacco product. from the location of the retail outlet, if such rettes and Smokeless Tobacco is a Drug and ‘‘(3) The doing of any act that causes a to- a facility is available.’’. These Products are Nicotine Delivery De- bacco product to be a counterfeit tobacco (d) SECTION 304.—Section 304 (21 U.S.C. 334) vices Under the Federal Food, Drug, and Cos- product, or the sale or dispensing, or the is amended— metic Act; Jurisdictional Determination’’ (61 holding for sale or dispensing, of a counter- (1) in subsection (a)(2)— Fed. Reg. 44619–45318 (August 28, 1996)). feit tobacco product. (A) by striking ‘‘and’’ before ‘‘(D)’’; and SEC. 103. CONFORMING AND OTHER AMEND- ‘‘(rr) The charitable distribution of tobacco (B) by striking ‘‘device.’’ and inserting the MENTS TO GENERAL PROVISIONS. products. following: ‘‘device, and (E) Any adulterated (a) AMENDMENT OF FEDERAL FOOD, DRUG, ‘‘(ss) The failure of a manufacturer or dis- or misbranded tobacco product.’’; AND COSMETIC ACT.—Except as otherwise ex- tributor to notify the Attorney General and (2) in subsection (d)(1), by inserting ‘‘to- pressly provided, whenever in this section an the Secretary of the Treasury of their bacco product,’’ after ‘‘device,’’; amendment is expressed in terms of an knowledge of tobacco products used in illicit (3) in subsection (g)(1), by inserting ‘‘or to- amendment to, or repeal of, a section or trade. bacco product’’ after the term ‘‘device’’ each other provision, the reference is to a section ‘‘(tt) With respect to a tobacco product, place such term appears; and or other provision of the Federal Food, Drug, any statement or representation, express or (4) in subsection (g)(2)(A), by inserting ‘‘or and Cosmetic Act (21 U.S.C. 301 et seq.). implied, directed to consumers through the tobacco product’’ after ‘‘device’’. (b) SECTION 301.—Section 301 (21 U.S.C. 331) media or through the label, labeling, or ad- (e) SECTION 505.—Section 505(n)(2) (21 U.S.C. is amended— vertising that is false or would reasonably be 355(n)(2)) is amended by striking ‘‘section (1) in subsection (a), by inserting ‘‘tobacco expected to mislead consumers into believ- 904’’ and inserting ‘‘section 1004’’. product,’’ after ‘‘device,’’; ing that the product is approved by the Food (f) SECTION 523.—Section 523(b)(2)(D) (21 (2) in subsection (b), by inserting ‘‘tobacco and Drug Administration, or that the Food U.S.C. 360m(b)(2)(D)) is amended by striking product,’’ after ‘‘device,’’; and Drug Administration deems the product ‘‘section 903(g)’’ and inserting ‘‘section (3) in subsection (c), by inserting ‘‘tobacco to be safe for use by consumers, or that the 1003(g)’’. (g) SECTION 702.—Section 702(a)(1) (U.S.C. product,’’ after ‘‘device,’’; product is endorsed by the Food and Drug (4) in subsection (e)— 372(a)(1)) is amended— Administration for use by consumers, or (A) by striking the period after ‘‘572(i)’’; (1) by striking ‘‘(a)(1)’’ and inserting that is false or would reasonably be expected and ‘‘(a)(1)(A)’’; and to mislead consumers regarding the harmful- (B) by striking ‘‘or 761 or the refusal to (2) by adding at the end the following: ness of the product because of the Food and permit access to’’ and inserting ‘‘761, 909, or ‘‘(B)(i) For a tobacco product, to the extent Drug Administration’s regulation or inspec- 920 or the refusal to permit access to’’; feasible, the Secretary shall contract with tion of it or because of its compliance with (5) in subsection (g), by inserting ‘‘tobacco the States in accordance with this paragraph regulatory requirements set by the Food and product,’’ after ‘‘device,’’; to carry out inspections of retailers within Drug Administration.’’. (6) in subsection (h), by inserting ‘‘tobacco that State in connection with the enforce- (c) SECTION 303.—Section 303(f) (21 U.S.C. product,’’ after ‘‘device,’’; ment of this Act. 333(f)) is amended— (7) in subsection (j)— ‘‘(ii) The Secretary shall not enter into (1) in paragraph (1)(A), by inserting ‘‘or to- (A) by striking the period after ‘‘573’’; and any contract under clause (i) with the gov- bacco products’’ after the term ‘‘devices’’ (B) by striking ‘‘708, or 721’’ and inserting ernment of any of the several States to exer- each place such term appears; ‘‘708, 721, 904, 905, 906, 907, 908, 909, or 920(b)’’; cise enforcement authority under this Act on (2) in paragraph (5)— (8) in subsection (k), by inserting ‘‘tobacco Indian country without the express written (A) in subparagraph (A)— product,’’ after ‘‘device,’’; consent of the Indian tribe involved.’’. (i) by striking ‘‘assessed’’ the first time it (9) by striking subsection (p) and inserting (h) SECTION 703.—Section 703 (21 U.S.C. 373) the following: appears and inserting ‘‘assessed, or a no-to- is amended— ‘‘(p) The failure to register in accordance bacco-sale order may be imposed,’’; and (1) by inserting ‘‘tobacco product,’’ after with section 510 or 905, the failure to provide (ii) by striking ‘‘penalty’’ the second time the term ‘‘device,’’ each place such term ap- any information required by section 510(j), it appears and inserting ‘‘penalty, or upon pears; and 510(k), 905(i), or 905(j), or the failure to pro- whom a no-tobacco-sale order is to be im- (2) by inserting ‘‘tobacco products,’’ after vide a notice required by section 510(j)(2) or posed,’’; the term ‘‘devices,’’ each place such term ap- 905(i)(3).’’; (B) in subparagraph (B)— pears. (10) by striking subsection (q)(1) and in- (i) by inserting after ‘‘penalty,’’ the fol- (i) SECTION 704.—Section 704 (21 U.S.C. 374) serting the following: lowing: ‘‘or the period to be covered by a nois amended— ‘‘(q)(1) The failure or refusal— tobacco-sale order,’’; and (1) in subsection (a)(1)— ‘‘(A) to comply with any requirement pre- (ii) by adding at the end the following: ‘‘A (A) by striking ‘‘devices, or cosmetics’’ scribed under section 518, 520(g), 903(b), 907, no-tobacco-sale order permanently prohib- each place it appears and inserting ‘‘devices, 908, or 916; iting an individual retail outlet from selling tobacco products, or cosmetics’’; ‘‘(B) to furnish any notification or other tobacco products shall include provisions (B) by striking ‘‘or restricted devices’’ each material or information required by or under that allow the outlet, after a specified period place it appears and inserting ‘‘restricted de- section 519, 520(g), 904, 909, or 920; or of time, to request that the Secretary com- vices, or tobacco products’’; ‘‘(C) to comply with a requirement under promise, modify, or terminate the order.’’; (C) by striking ‘‘and devices and subject section 522 or 913.’’; and to’’ and all that follows through ‘‘other

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.076 S05MYPT1 smartinez on PROD1PC64 with SENATE S5160 CONGRESSIONAL RECORD — SENATE May 5, 2009 drugs or devices’’ and inserting ‘‘devices, and ticular retail outlet that constitute a re- (II) in the case of a second violation within tobacco products and subject to reporting peated violation and providing for civil pen- a 12-month period, $500; and inspection under regulations lawfully alties in accordance with paragraph (2); (III) in the case of a third violation within issued pursuant to section 505(i) or (k), sec- (B) providing for timely and effective no- a 24-month period, $1,000; tion 519, section 520(g), or chapter IX and tice by certified or registered mail or per- (IV) in the case of a fourth violation within data relating to other drugs, devices, or to- sonal delivery to the retailer of each alleged a 24-month period, $2,000; bacco products’’; violation at a particular retail outlet prior (V) in the case of a fifth violation within a (2) in subsection (b), by inserting ‘‘tobacco to conducting a followup compliance check, 36-month period, $5,000; and product,’’ after ‘‘device,’’; and such notice to be sent to the location speci- (VI) in the case of a sixth or subsequent (3) in subsection (g)(13), by striking ‘‘sec- fied on the retailer’s registration or to the violation within a 48-month period, $10,000 as tion 903(g)’’ and inserting ‘‘section 1003(g)’’. retailer’s registered agent if the retailer has determined by the Secretary on a case-by- (j) SECTION 705.—Section 705(b) (21 U.S.C. provider such agent information to the Food case basis. 375(b)) is amended by inserting ‘‘tobacco and Drug Administration prior to the viola- (B) TRAINING PROGRAM.—For purposes of products,’’ after ‘‘devices,’’. tion; subparagraph (A), the term ‘‘approved train- (k) SECTION 709.—Section 709 (21 U.S.C. (C) providing for a hearing pursuant to the ing program’’ means a training program that 379a) is amended by inserting ‘‘tobacco prod- procedures established through regulations complies with standards developed by the uct,’’ after ‘‘device,’’. of the Food and Drug Administration for as- Food and Drug Administration for such pro- (l) SECTION 801.—Section 801 (21 U.S.C. 381) sessing civil money penalties, including at a grams. is amended— retailer’s request a hearing by telephone or (C) CONSIDERATION OF STATE PENALTIES.— (1) in subsection (a)— at the nearest regional or field office of the The Secretary shall coordinate with the (A) by inserting ‘‘tobacco products,’’ after Food and Drug Administration, and pro- States in enforcing the provisions of this Act the term ‘‘devices,’’; viding for an expedited procedure for the ad- and, for purposes of mitigating a civil pen- (B) by inserting ‘‘or section 905(h)’’ after ministrative appeal of an alleged violation; alty to be applied for a violation by a re- ‘‘section 510’’; and (D) providing that a person may not be tailer of any restriction promulgated under (C) by striking the term ‘‘drugs or devices’’ charged with a violation at a particular re- section 906(d), shall consider the amount of each time such term appears and inserting tail outlet unless the Secretary has provided any penalties paid by the retailer to a State ‘‘drugs, devices, or tobacco products’’; notice to the retailer of all previous viola- for the same violation. (2) in subsection (e)(1)— tions at that outlet; (3) GENERAL EFFECTIVE DATE.—The amend- (A) by inserting ‘‘tobacco product’’ after (E) establishing that civil money penalties ments made by paragraphs (2), (3), and (4) of ‘‘drug, device,’’; and for multiple violations shall increase from subsection (c) shall take effect upon the (B) by inserting ‘‘, and a tobacco product one violation to the next violation pursuant issuance of guidance described in paragraph intended for export shall not be deemed to be to paragraph (2) within the time periods pro- (1) of this subsection. vided for in such paragraph; in violation of section 906(e), 907, 911, or (4) SPECIAL EFFECTIVE DATE.—The amend- 920(a),’’ before ‘‘if it—’’; and (F) providing that good faith reliance on ment made by subsection (c)(1) shall take ef- (3) by adding at the end the following: the presentation of a false government- fect on the date of enactment of this Act. issued photographic identification that con- ‘‘(p)(1) Not later than 36 months after the (5) PACKAGE LABEL REQUIREMENTS.—The tains a date of birth does not constitute a date of enactment of the Family Smoking package label requirements of paragraphs violation of any minimum age requirement Prevention and Tobacco Control Act, and an- (2), (3), and (4) of section 903(a) of the Federal for the sale of tobacco products if the re- nually thereafter, the Secretary shall submit Food, Drug, and Cosmetic Act (as amended tailer has taken effective steps to prevent to the Committee on Health, Education, by this Act) shall take effect on the date such violations, including— Labor, and Pensions of the Senate and the that is 12 months after the date of enact- (i) adopting and enforcing a written policy Committee on Energy and Commerce of the ment of this Act. The effective date shall be against sales to minors; House of Representatives, a report regard- with respect to the date of manufacture, pro- (ii) informing its employees of all applica- ing— vided that, in any case, beginning 30 days ble laws; ‘‘(A) the nature, extent, and destination of after such effective date, a manufacturer United States tobacco product exports that (iii) establishing disciplinary sanctions for employee noncompliance; and shall not introduce into the domestic com- do not conform to tobacco product standards merce of the United States any product, irre- established pursuant to this Act; (iv) requiring its employees to verify age by way of photographic identification or spective of the date of manufacture, that is ‘‘(B) the public health implications of such not in conformance with section 903(a)(2), (3), exports, including any evidence of a negative electronic scanning device; and (G) providing for the Secretary, in deter- and (4) and section 920(a) of the Federal public health impact; and Food, Drug, and Cosmetic Act. ‘‘(C) recommendations or assessments of mining whether to impose a no-tobacco-sale order and in determining whether to com- (6) ADVERTISING REQUIREMENTS.—The ad- policy alternatives available to Congress and vertising requirements of section 903(a)(8) of the executive branch to reduce any negative promise, modify, or terminate such an order, to consider whether the retailer has taken the Federal Food, Drug, and Cosmetic Act public health impact caused by such exports. (as amended by this Act) shall take effect on ‘‘(2) The Secretary is authorized to estab- effective steps to prevent violations of the minimum age requirements for the sale of the date that is 12 months after the date of lish appropriate information disclosure re- enactment of this Act. quirements to carry out this subsection.’’. tobacco products, including the steps listed (m) SECTION 1003.—Section 1003(d)(2)(C) (as in subparagraph (F). SEC. 104. STUDY ON RAISING THE MINIMUM AGE redesignated by section 101(b)) is amended— (2) PENALTIES FOR VIOLATIONS.— TO PURCHASE TOBACCO PRODUCTS. (A) IN GENERAL.—The amount of the civil (1) by striking ‘‘and’’ after ‘‘cosmetics,’’; The Secretary of Health and Human Serv- penalty to be applied for violations of re- and ices shall— strictions promulgated under section 906(d), (2) inserting ‘‘, and tobacco products’’ after (1) convene an expert panel to conduct a as described in paragraph (1), shall be as fol- ‘‘devices’’. study on the public health implications of lows: (n) SECTION 1009.—Section 1009(b) (as redes- raising the minimum age to purchase to- (i) With respect to a retailer with an ap- ignated by section 101(b)) is amended by bacco products; and proved training program, the amount of the striking ‘‘section 908’’ and inserting ‘‘section (2) not later than 5 years after the date of civil penalty shall not exceed— 1008’’. enactment of this Act, submit a report to (I) in the case of the first violation, $0.00 (o) SECTION 409 OF THE FEDERAL MEAT IN- the Congress on the results of such study. SPECTION ACT.—Section 409(a) of the Federal together with the issuance of a warning let- Meat Inspection Act (21 U.S.C. 679(a)) is ter to the retailer; SEC. 105. ENFORCEMENT ACTION PLAN FOR AD- amended by striking ‘‘section 902(b)’’ and in- (II) in the case of a second violation within VERTISING AND PROMOTION RE- STRICTIONS. serting ‘‘section 1002(b)’’. a 12-month period, $250; (p) RULE OF CONSTRUCTION.—Nothing in (III) in the case of a third violation within (a) ACTION PLAN.— this section is intended or shall be construed a 24-month period, $500; (1) DEVELOPMENT.—Not later than 6 to expand, contract, or otherwise modify or (IV) in the case of a fourth violation within months after the date of enactment of this amend the existing limitations on State gov- a 24-month period, $2,000; Act, the Secretary of Health and Human ernment authority over tribal restricted fee (V) in the case of a fifth violation within a Services (in this section referred to as the or trust lands. 36-month period, $5,000; and ‘‘Secretary’’) shall develop and publish an (q) GUIDANCE AND EFFECTIVE DATES.— (VI) in the case of a sixth or subsequent action plan to enforce restrictions adopted (1) IN GENERAL.—The Secretary of Health violation within a 48-month period, $10,000 as pursuant to section 906 of the Federal Food, and Human Services shall issue guidance— determined by the Secretary on a case-by- Drug, and Cosmetic Act, as added by section (A) defining the term ‘‘repeated violation’’, case basis. 101(b) of this Act, or pursuant to section as used in section 303(f)(8) of the Federal (ii) With respect to a retailer that does not 102(a) of this Act, on promotion and adver- Food, Drug, and Cosmetic Act (21 U.S.C. have an approved training program, the tising of menthol and other cigarettes to 333(f)(8)) as amended by subsection (c), as in- amount of the civil penalty shall not ex- youth. cluding at least 5 violations of particular re- ceed— (2) CONSULTATION.—The action plan requirements over a 36-month period at a par- (I) in the case of the first violation, $250; quired by paragraph (1) shall be developed in

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.077 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5161 consultation with public health organiza- manufacture, package, or import cigarettes smoke constituent) disclosures; or the text, tions and other stakeholders with dem- for sale or distribution within the United format, and type sizes for any other disclo- onstrated expertise and experience in serving States. sures required under the Federal Food, Drug, minority communities. ‘‘(4) APPLICABILITY TO RETAILERS.—A re- and Cosmetic Act. The text of any such label (3) PRIORITY.—The action plan required by tailer of cigarettes shall not be in violation statements or disclosures shall be required paragraph (1) shall include provisions de- of this subsection for packaging that— to appear only within the 20 percent area of signed to ensure enforcement of the restric- ‘‘(A) contains a warning label; cigarette advertisements provided by para- tions described in paragraph (1) in minority ‘‘(B) is supplied to the retailer by a license- graph (2). The Secretary shall promulgate communities. or permit-holding tobacco product manufac- regulations which provide for adjustments in (b) STATE AND LOCAL ACTIVITIES.— turer, importer, or distributor; and the format and type sizes of any text re- (1) INFORMATION ON AUTHORITY.—Not later ‘‘(C) is not altered by the retailer in a way quired to appear in such area to ensure that than 3 months after the date of enactment of that is material to the requirements of this the total text required to appear by law will this Act, the Secretary shall inform State, subsection. fit within such area. local, and tribal governments of the author- ‘‘(b) ADVERTISING REQUIREMENTS.— ‘‘(c) MARKETING REQUIREMENTS.— ity provided to such entities under section ‘‘(1) IN GENERAL.—It shall be unlawful for ‘‘(1) RANDOM DISPLAY.—The label state- 5(c) of the Federal Cigarette Labeling and any tobacco product manufacturer, im- ments specified in subsection (a)(1) shall be Advertising Act, as added by section 203 of porter, distributor, or retailer of cigarettes randomly displayed in each 12-month period, this Act, or preserved by such entities under to advertise or cause to be advertised within in as equal a number of times as is possible section 916 of the Federal Food, Drug, and the United States any cigarette unless its on each brand of the product and be ran- Cosmetic Act, as added by section 101(b) of advertising bears, in accordance with the re- domly distributed in all areas of the United this Act. quirements of this section, one of the labels States in which the product is marketed in (2) COMMUNITY ASSISTANCE.—At the request specified in subsection (a). accordance with a plan submitted by the to- of communities seeking assistance to pre- ‘‘(2) TYPOGRAPHY, ETC.—Each label state- bacco product manufacturer, importer, dis- vent underage tobacco use, the Secretary ment required by subsection (a) in cigarette tributor, or retailer and approved by the Sec- shall provide such assistance, including as- advertising shall comply with the standards retary. sistance with strategies to address the pre- set forth in this paragraph. For press and ‘‘(2) ROTATION.—The label statements spec- vention of underage tobacco use in commu- poster advertisements, each such statement ified in subsection (a)(1) shall be rotated nities with a disproportionate use of menthol and (where applicable) any required state- quarterly in alternating sequence in adver- cigarettes by minors. ment relating to tar, nicotine, or other con- tisements for each brand of cigarettes in ac- stituent (including a smoke constituent) TITLE II—TOBACCO PRODUCT WARNINGS; cordance with a plan submitted by the to- yield shall comprise at least 20 percent of the bacco product manufacturer, importer, dis- CONSTITUENT AND SMOKE CON- area of the advertisement and shall appear in STITUENT DISCLOSURE tributor, or retailer to, and approved by, the a conspicuous and prominent format and lo- Secretary. SEC. 201. CIGARETTE LABEL AND ADVERTISING cation at the top of each advertisement WARNINGS. ‘‘(3) REVIEW.—The Secretary shall review within the trim area. The Secretary may re- each plan submitted under paragraph (2) and (a) AMENDMENT.—Section 4 of the Federal vise the required type sizes in such area in Cigarette Labeling and Advertising Act (15 approve it if the plan— such manner as the Secretary determines ap- ‘‘(A) will provide for the equal distribution U.S.C. 1333) is amended to read as follows: propriate. The word ‘WARNING’ shall appear and display on packaging and the rotation ‘‘SEC. 4. LABELING. in capital letters, and each label statement required in advertising under this sub- ‘‘(a) LABEL REQUIREMENTS.— shall appear in conspicuous and legible type. section; and ‘‘(1) IN GENERAL.—It shall be unlawful for The text of the label statement shall be ‘‘(B) assures that all of the labels required any person to manufacture, package, sell, black if the background is white and white if under this section will be displayed by the offer to sell, distribute, or import for sale or the background is black, under the plan sub- tobacco product manufacturer, importer, distribution within the United States any mitted under subsection (c). The label state- distributor, or retailer at the same time. cigarettes the package of which fails to bear, ments shall be enclosed by a rectangular bor- ‘‘(4) APPLICABILITY TO RETAILERS.—This in accordance with the requirements of this der that is the same color as the letters of subsection and subsection (b) apply to a re- section, one of the following labels: the statements and that is the width of the ‘‘WARNING: Cigarettes are addictive. first downstroke of the capital ‘W’ of the tailer only if that retailer is responsible for ‘‘WARNING: Tobacco smoke can harm word ‘WARNING’ in the label statements. or directs the label statements required your children. The text of such label statements shall be in under this section except that this paragraph ‘‘WARNING: Cigarettes cause fatal lung a typeface pro rata to the following require- shall not relieve a retailer of liability if the disease. ments: 45-point type for a whole-page retailer displays, in a location open to the ‘‘WARNING: Cigarettes cause cancer. broadsheet newspaper advertisement; 39- public, an advertisement that does not con- ‘‘WARNING: Cigarettes cause strokes and point type for a half-page broadsheet news- tain a warning label or has been altered by heart disease. paper advertisement; 39-point type for a the retailer in a way that is material to the ‘‘WARNING: Smoking during pregnancy whole-page tabloid newspaper advertise- requirements of this subsection and sub- can harm your baby. ment; 27-point type for a half-page tabloid section (b).’’. (b) EFFECTIVE DATE.—The amendment ‘‘WARNING: Smoking can kill you. newspaper advertisement; 31.5-point type for made by subsection (a) shall take effect 12 ‘‘WARNING: Tobacco smoke causes fatal a double page spread magazine or whole-page months after the date of enactment of this lung disease in nonsmokers. magazine advertisement; 22.5-point type for Act. Such effective date shall be with respect ‘‘WARNING: Quitting smoking now greatly a 28 centimeter by 3 column advertisement; to the date of manufacture, provided that, in reduces serious risks to your health. and 15-point type for a 20 centimeter by 2 any case, beginning 30 days after such effec- LACEMENT; TYPOGRAPHY; ETC.—Each ‘‘(2) P column advertisement. The label statements tive date, a manufacturer shall not introduce label statement required by paragraph (1) shall be in English, except that— into the domestic commerce of the United shall be located in the upper portion of the ‘‘(A) in the case of an advertisement that States any product, irrespective of the date front and rear panels of the package, directly appears in a newspaper, magazine, peri- of manufacture, that is not in conformance on the package underneath the cellophane or odical, or other publication that is not in with section 4 of the Federal Cigarette La- other clear wrapping. Each label statement English, the statements shall appear in the beling and Advertising Act (15 U.S.C. 1333), shall comprise the top 50 percent of the front predominant language of the publication; as amended by subsection (a). and rear panels of the package. The word and SEC. 202. AUTHORITY TO REVISE CIGARETTE ‘WARNING’ shall appear in capital letters ‘‘(B) in the case of any other advertisement WARNING LABEL STATEMENTS. and all text shall be in conspicuous and leg- that is not in English, the statements shall (a) PREEMPTION.—Section 5(a) of the Fed- ible 17-point type, unless the text of the label appear in the same language as that prin- eral Cigarette Labeling and Advertising Act statement would occupy more than 70 per- cipally used in the advertisement. (15 U.S.C. 1334(a)) is amended by striking cent of such area, in which case the text may ‘‘(3) MATCHBOOKS.—Notwithstanding para- ‘‘No’’ and inserting ‘‘Except to the extent be in a smaller conspicuous and legible type graph (2), for matchbooks (defined as con- the Secretary requires additional or dif- size, provided that at least 60 percent of such taining not more than 20 matches) custom- ferent statements on any cigarette package area is occupied by required text. The text arily given away with the purchase of to- by a regulation, by an order, by a standard, shall be black on a white background, or bacco products, each label statement re- by an authorization to market a product, or white on a black background, in a manner quired by subsection (a) may be printed on by a condition of marketing a product, pur- that contrasts, by typography, layout, or the inside cover of the matchbook. suant to the Family Smoking Prevention color, with all other printed material on the ‘‘(4) ADJUSTMENT BY SECRETARY.—The Sec- and Tobacco Control Act (and the amend- package, in an alternating fashion under the retary may, through a rulemaking under sec- ments made by that Act), or as required plan submitted under subsection (c). tion 553 of title 5, United States Code, adjust under section 903(a)(2) or section 920(a) of the ‘‘(3) DOES NOT APPLY TO FOREIGN DISTRIBU- the format and type sizes for the label state- Federal Food, Drug, and Cosmetic Act, no’’. TION.—The provisions of this subsection do ments required by this section; the text, for- (b) CHANGE IN REQUIRED STATEMENTS.—Sec- not apply to a tobacco product manufacturer mat, and type sizes of any required tar, nico- tion 4 of the Federal Cigarette Labeling and or distributor of cigarettes which does not tine yield, or other constituent (including Advertising Act (15 U.S.C. 1333), as amended

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.077 S05MYPT1 smartinez on PROD1PC64 with SENATE S5162 CONGRESSIONAL RECORD — SENATE May 5, 2009 by section 201, is further amended by adding or distributor of any smokeless tobacco each brand of smokeless tobacco product in at the end the following: product that does not manufacture, package, accordance with a plan submitted by the to- ‘‘(d) CHANGE IN REQUIRED STATEMENTS.— or import smokeless tobacco products for bacco product manufacturer, importer, dis- The Secretary through a rulemaking con- sale or distribution within the United tributor, or retailer to, and approved by, the ducted under section 553 of title 5, United States. Secretary. States Code— ‘‘(5) A retailer of smokeless tobacco prod- ‘‘(C) The Secretary shall review each plan ‘‘(1) shall issue regulations within 24 ucts shall not be in violation of this sub- submitted under subparagraphs (A) and (B) months of the date of enactment of the Fam- section for packaging that— and approve it if the plan— ily Smoking Prevention and Tobacco Con- ‘‘(A) contains a warning label; ‘‘(i) will provide for the equal distribution trol Act that require color graphics depict- ‘‘(B) is supplied to the retailer by a license- and display on packaging and the rotation ing the negative health consequences of or permit-holding tobacco product manufac- required in advertising under this sub- smoking to accompany label requirements; turer, importer, or distributor; and section; and and ‘‘(C) is not altered by the retailer in a way ‘‘(ii) assures that all of the labels required ‘‘(2) may thereafter adjust the format, type that is material to the requirements of this under this section will be displayed by the size, color graphics, and text of any of the subsection. tobacco product manufacturer, importer, label requirements, or establish the format, ‘‘(b) REQUIRED LABELS.— distributor, or retailer at the same time. type size, and text of any other disclosures ‘‘(1) It shall be unlawful for any tobacco ‘‘(D) This paragraph applies to a retailer required under the Federal Food, Drug, and product manufacturer, packager, importer, only if that retailer is responsible for or di- Cosmetic Act, if the Secretary finds that distributor, or retailer of smokeless tobacco rects the label statements under this sec- such a change would promote greater public products to advertise or cause to be adver- tion, unless the retailer displays, in a loca- understanding of the risks associated with tised within the United States any smoke- tion open to the public, an advertisement the use of tobacco products.’’. less tobacco product unless its advertising that does not contain a warning label or has bears, in accordance with the requirements SEC. 203. STATE REGULATION OF CIGARETTE AD- been altered by the retailer in a way that is VERTISING AND PROMOTION. of this section, one of the labels specified in material to the requirements of this sub- Section 5 of the Federal Cigarette Labeling subsection (a). section. and Advertising Act (15 U.S.C. 1334) is ‘‘(2)(A) Each label statement required by ‘‘(4) The Secretary may, through a rule- amended by adding at the end the following: subsection (a) in smokeless tobacco adver- making under section 553 of title 5, United tising shall comply with the standards set ‘‘(c) EXCEPTION.—Notwithstanding sub- States Code, adjust the format and type sizes section (b), a State or locality may enact forth in this paragraph. for the label statements required by this sec- statutes and promulgate regulations, based ‘‘(B) For press and poster advertisements, tion; the text, format, and type sizes of any on smoking and health, that take effect after each such statement and (where applicable) required tar, nicotine yield, or other con- any required statement relating to tar, nico- the effective date of the Family Smoking stituent disclosures; or the text, format, and tine, or other constituent yield shall com- Prevention and Tobacco Control Act, impos- type sizes for any other disclosures required prise at least 20 percent of the area of the ad- ing specific bans or restrictions on the time, under the Federal Food, Drug, and Cosmetic vertisement. place, and manner, but not content, of the Act. The text of any such label statements ‘‘(C) The word ‘WARNING’ shall appear in advertising or promotion of any cigarettes.’’. or disclosures shall be required to appear capital letters, and each label statement only within the 20 percent area of advertise- SEC. 204. SMOKELESS TOBACCO LABELS AND AD- shall appear in conspicuous and legible type. VERTISING WARNINGS. ments provided by paragraph (2). The Sec- ‘‘(D) The text of the label statement shall retary shall promulgate regulations which (a) AMENDMENT.—Section 3 of the Com- be black on a white background, or white on prehensive Smokeless Tobacco Health Edu- provide for adjustments in the format and a black background, in an alternating fash- type sizes of any text required to appear in cation Act of 1986 (15 U.S.C. 4402) is amended ion under the plan submitted under para- to read as follows: such area to ensure that the total text re- graph (3). quired to appear by law will fit within such ‘‘SEC. 3. SMOKELESS TOBACCO WARNING. ‘‘(E) The label statements shall be enclosed area. ‘‘(a) GENERAL RULE.— by a rectangular border that is the same ‘‘(c) TELEVISION AND RADIO ADVERTISING.— ‘‘(1) It shall be unlawful for any person to color as the letters of the statements and It is unlawful to advertise smokeless tobacco manufacture, package, sell, offer to sell, dis- that is the width of the first downstroke of on any medium of electronic communica- tribute, or import for sale or distribution the capital ‘W’ of the word ‘WARNING’ in tions subject to the jurisdiction of the Fed- within the United States any smokeless to- the label statements. eral Communications Commission.’’. bacco product unless the product package ‘‘(F) The text of such label statements (b) EFFECTIVE DATE.—The amendment bears, in accordance with the requirements shall be in a typeface pro rata to the fol- made by subsection (a) shall take effect 12 of this Act, one of the following labels: lowing requirements: 45-point type for a months after the date of enactment of this ‘‘WARNING: This product can cause mouth whole-page broadsheet newspaper advertise- Act. Such effective date shall be with respect cancer. ment; 39-point type for a half-page to the date of manufacture, provided that, in ‘‘WARNING: This product can cause gum broadsheet newspaper advertisement; 39- any case, beginning 30 days after such effec- disease and tooth loss. point type for a whole-page tabloid news- tive date, a manufacturer shall not introduce ‘‘WARNING: This product is not a safe al- paper advertisement; 27-point type for a half- into the domestic commerce of the United ternative to cigarettes. page tabloid newspaper advertisement; 31.5- States any product, irrespective of the date ‘‘WARNING: Smokeless tobacco is addict- point type for a double page spread magazine of manufacture, that is not in conformance ive. or whole-page magazine advertisement; 22.5- with section 3 of the Comprehensive Smoke- ‘‘(2) Each label statement required by para- point type for a 28 centimeter by 3 column less Tobacco Health Education Act of 1986 (15 graph (1) shall be— advertisement; and 15-point type for a 20 cen- U.S.C. 4402), as amended by subsection (a). ‘‘(A) located on the 2 principal display pan- timeter by 2 column advertisement. SEC. 205. AUTHORITY TO REVISE SMOKELESS TO- els of the package, and each label statement ‘‘(G) The label statements shall be in BACCO PRODUCT WARNING LABEL shall comprise at least 30 percent of each English, except that— STATEMENTS. such display panel; and ‘‘(i) in the case of an advertisement that (a) IN GENERAL.—Section 3 of the Com- ‘‘(B) in 17-point conspicuous and legible appears in a newspaper, magazine, peri- prehensive Smokeless Tobacco Health Edu- type and in black text on a white back- odical, or other publication that is not in cation Act of 1986 (15 U.S.C. 4402), as amend- ground, or white text on a black background, English, the statements shall appear in the ed by section 204, is further amended by add- in a manner that contrasts by typography, predominant language of the publication; ing at the end the following: ‘‘(d) AUTHORITY TO REVISE WARNING LABEL layout, or color, with all other printed mate- and STATEMENTS.—The Secretary may, by a rule- rial on the package, in an alternating fash- ‘‘(ii) in the case of any other advertisement making conducted under section 553 of title ion under the plan submitted under sub- that is not in English, the statements shall 5, United States Code, adjust the format, section (b)(3), except that if the text of a appear in the same language as that prin- type size, and text of any of the label re- label statement would occupy more than 70 cipally used in the advertisement. quirements, require color graphics to accom- percent of the area specified by subparagraph ‘‘(3)(A) The label statements specified in pany the text, increase the required label (A), such text may appear in a smaller type subsection (a)(1) shall be randomly displayed area from 30 percent up to 50 percent of the size, so long as at least 60 percent of such in each 12-month period, in as equal a num- front and rear panels of the package, or es- warning area is occupied by the label state- ber of times as is possible on each brand of tablish the format, type size, and text of any ment. the product and be randomly distributed in other disclosures required under the Federal ‘‘(3) The label statements required by para- all areas of the United States in which the Food, Drug, and Cosmetic Act, if the Sec- graph (1) shall be introduced by each tobacco product is marketed in accordance with a retary finds that such a change would pro- product manufacturer, packager, importer, plan submitted by the tobacco product man- mote greater public understanding of the distributor, or retailer of smokeless tobacco ufacturer, importer, distributor, or retailer risks associated with the use of smokeless products concurrently into the distribution and approved by the Secretary. tobacco products.’’. chain of such products. ‘‘(B) The label statements specified in sub- (b) PREEMPTION.—Section 7(a) of the Com- ‘‘(4) The provisions of this subsection do section (a)(1) shall be rotated quarterly in al- prehensive Smokeless Tobacco Health Edu- not apply to a tobacco product manufacturer ternating sequence in advertisements for cation Act of 1986 (15 U.S.C. 4406(a)) is

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amended by striking ‘‘No’’ and inserting such effective date, a manufacturer shall not ‘‘(e) CONSULTATION.—In carrying out this ‘‘Except as provided in the Family Smoking introduce into the domestic commerce of the section, the Secretary shall consult with the Prevention and Tobacco Control Act (and United States any product, irrespective of Attorney General of the United States and the amendments made by that Act), no’’. the date of manufacture, that is not in con- the Secretary of the Treasury, as appro- SEC. 206. TAR, NICOTINE, AND OTHER SMOKE formance with such paragraph. priate.’’. CONSTITUENT DISCLOSURE TO THE ‘‘(b) REGULATIONS CONCERNING RECORD- SEC. 302. STUDY AND REPORT. PUBLIC. KEEPING FOR TRACKING AND TRACING.— (a) STUDY.—The Comptroller General of Section 4 of the Federal Cigarette Labeling ‘‘(1) IN GENERAL.—The Secretary shall pro- the United States shall conduct a study of and Advertising Act (15 U.S.C. 1333), as mulgate regulations regarding the establish- cross-border trade in tobacco products to— amended by sections 201 and 202, is further ment and maintenance of records by any per- (1) collect data on cross-border trade in to- amended by adding at the end the following: son who manufactures, processes, transports, bacco products, including illicit trade and ‘‘(e) TAR, NICOTINE, AND OTHER SMOKE CON- distributes, receives, packages, holds, ex- trade of counterfeit tobacco products and STITUENT DISCLOSURE.— ports, or imports tobacco products. make recommendations on the monitoring of ‘‘(1) IN GENERAL.—The Secretary shall, by a ‘‘(2) INSPECTION.—In promulgating the reg- such trade; rulemaking conducted under section 553 of ulations described in paragraph (1), the Sec- (2) collect data on cross-border advertising title 5, United States Code, determine (in the retary shall consider which records are need- (any advertising intended to be broadcast, Secretary’s sole discretion) whether ciga- ed for inspection to monitor the movement transmitted, or distributed from the United rette and other tobacco product manufactur- of tobacco products from the point of manu- States to another country) of tobacco prod- ers shall be required to include in the area of facture through distribution to retail outlets ucts and make recommendations on how to each cigarette advertisement specified by to assist in investigating potential illicit prevent or eliminate, and what technologies subsection (b) of this section, or on the pack- trade, smuggling, or counterfeiting of to- could help facilitate the elimination of, age label, or both, the tar and nicotine yields bacco products. cross-border advertising; and of the advertised or packaged brand. Any ‘‘(3) CODES.—The Secretary may require (3) collect data on the health effects (par- such disclosure shall be in accordance with codes on the labels of tobacco products or ticularly with respect to individuals under 18 the methodology established under such reg- other designs or devices for the purpose of years of age) resulting from cross-border ulations, shall conform to the type size re- tracking or tracing the tobacco product trade in tobacco products, including the quirements of subsection (b) of this section, through the distribution system. health effects resulting from— and shall appear within the area specified in ‘‘(4) SIZE OF BUSINESS.—The Secretary shall (A) the illicit trade of tobacco products subsection (b) of this section. take into account the size of a business in and the trade of counterfeit tobacco prod- ‘‘(2) RESOLUTION OF DIFFERENCES.—Any dif- promulgating regulations under this section. ucts; and ferences between the requirements estab- ‘‘(5) RECORDKEEPING BY RETAILERS.—The (B) the differing tax rates applicable to to- lished by the Secretary under paragraph (1) Secretary shall not require any retailer to bacco products. and tar and nicotine yield reporting require- maintain records relating to individual pur- (b) REPORT.—Not later than 18 months ments established by the Federal Trade Com- chasers of tobacco products for personal con- after the date of enactment of this Act, the mission shall be resolved by a memorandum sumption. Comptroller General of the United States ‘‘(c) RECORDS INSPECTION.—If the Secretary of understanding between the Secretary and shall submit to the Committee on Health, has a reasonable belief that a tobacco prod- the Federal Trade Commission. Education, Labor, and Pensions of the Sen- uct is part of an illicit trade or smuggling or ‘‘(3) CIGARETTE AND OTHER TOBACCO PROD- ate and the Committee on Energy and Com- UCT CONSTITUENTS.—In addition to the disclo- is a counterfeit product, each person who manufactures, processes, transports, distrib- merce of the House of Representatives a re- sures required by paragraph (1), the Sec- port on the study described in subsection (a). retary may, under a rulemaking conducted utes, receives, holds, packages, exports, or (c) DEFINITION.—In this section: under section 553 of title 5, United States imports tobacco products shall, at the request of an officer or employee duly des- (1) The term ‘‘cross-border trade’’ means Code, prescribe disclosure requirements re- trade across a border of the United States, a garding the level of any cigarette or other ignated by the Secretary, permit such officer or employee, at reasonable times and within State or Territory, or Indian country. tobacco product constituent including any (2) The term ‘‘Indian country’’ has the smoke constituent. Any such disclosure may reasonable limits and in a reasonable manner, upon the presentation of appropriate meaning given to such term in section 1151 of be required if the Secretary determines that title 18, United States Code. disclosure would be of benefit to the public credentials and a written notice to such person, to have access to and copy all records (3) The terms ‘‘State’’ and ‘‘Territory’’ health, or otherwise would increase con- have the meanings given to those terms in sumer awareness of the health consequences (including financial records) relating to such article that are needed to assist the Sec- section 201 of the Federal Food, Drug, and of the use of tobacco products, except that Cosmetic Act (21 U.S.C. 321). no such prescribed disclosure shall be re- retary in investigating potential illicit quired on the face of any cigarette package trade, smuggling, or counterfeiting of to- f or advertisement. Nothing in this section bacco products. The Secretary shall not authorize an officer or employee of the govern- SUBMITTED RESOLUTIONS shall prohibit the Secretary from requiring ment of any of the several States to exercise such prescribed disclosure through a ciga- authority under the preceding sentence on rette or other tobacco product package or Indian country without the express written advertisement insert, or by any other means SENATE RESOLUTION 128—RECOG- consent of the Indian tribe involved. under the Federal Food, Drug, and Cosmetic NIZING THE HISTORICAL SIG- ‘‘(d) KNOWLEDGE OF ILLEGAL TRANS- Act. NIFICANCE OF THE MEXICAN ACTION.— ‘‘(4) RETAILERS.—This subsection applies to ‘‘(1) NOTIFICATION.—If the manufacturer or HOLIDAY OF CINCO DE MAYO a retailer only if that retailer is responsible distributor of a tobacco product has knowl- Mr. MENENDEZ (for himself and Mr. for or directs the label statements required edge which reasonably supports the conclu- under this section.’’. BINGAMAN) submitted the following res- sion that a tobacco product manufactured or olution; which was considered and TITLE III—PREVENTION OF ILLICIT distributed by such manufacturer or dis- agreed to: TRADE IN TOBACCO PRODUCTS tributor that has left the control of such per- SEC. 301. LABELING, RECORDKEEPING, RECORDS son may be or has been— S. RES. 128 INSPECTION. ‘‘(A) imported, exported, distributed, or of- Whereas May 5, or ‘‘Cinco de Mayo’’ in Chapter IX of the Federal Food, Drug, and fered for sale in interstate commerce by a Spanish, is celebrated each year as a date of Cosmetic Act, as added by section 101, is fur- person without paying duties or taxes re- great importance by the Mexican and Mexi- ther amended by adding at the end the fol- quired by law; or can-American communities; lowing: ‘‘(B) imported, exported, distributed, or di- Whereas the Cinco de Mayo holiday com- ‘‘SEC. 920. LABELING, RECORDKEEPING, verted for possible illicit marketing, memorates May 5, 1862, the date on which RECORDS INSPECTION. the manufacturer or distributor shall the Battle of Puebla was fought by Mexicans ‘‘(a) ORIGIN LABELING.— promptly notify the Attorney General and who were struggling for their independence ‘‘(1) REQUIREMENT.—Beginning 1 year after the Secretary of the Treasury of such knowl- and freedom; the date of enactment of the Family Smok- edge. Whereas Cinco de Mayo has become one of ing Prevention and Tobacco Control Act, the ‘‘(2) KNOWLEDGE DEFINED.—For purposes of Mexico’s most famous national holidays and label, packaging, and shipping containers of this subsection, the term ‘knowledge’ as ap- is celebrated annually by nearly all Mexi- tobacco products for introduction or delivery plied to a manufacturer or distributor cans and Mexican-Americans, north and for introduction into interstate commerce in means— south of the United States-Mexico border; the United States shall bear the statement ‘‘(A) the actual knowledge that the manu- Whereas the Battle of Puebla was but one ‘sale only allowed in the United States’. facturer or distributor had; or of the many battles that the courageous ‘‘(2) EFFECTIVE DATE.—The effective date ‘‘(B) the knowledge which a reasonable per- Mexican people won in their long and brave specified in paragraph (1) shall be with re- son would have had under like circumstances struggle for independence and freedom; spect to the date of manufacture, provided or which would have been obtained upon the Whereas the French, confident that their that, in any case, beginning 30 days after exercise of due care. battle-seasoned troops were far superior to

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Whereas the French army, which had not Whereas in 2 minutes and 2.66 seconds, Mr. SPECIAL COMMITTEE ON AGING: Mr. experienced defeat against any of Europe’s Borel and Mine that Bird completed the race Martinez, Mr. Shelby, Ms. Collins, Repub- finest troops in over half a century, sus- and placed first place, making it Mr. Borel’s lican Leader designee, Mr. Corker, Mr. tained a disastrous loss at the hands of an second Kentucky Derby victory: Now, there- Hatch, Mr. Brownback, and Mr. Graham. outnumbered, ill-equipped, and ragged, but fore, be it f highly spirited and courageous, Mexican Resolved, That the Senate commends Cal- force; vin Borel and Mine that Bird, for their vic- AMENDMENTS SUBMITTED AND Whereas after three bloody assaults upon tory at the 135th Kentucky Derby. PROPOSED Puebla in which over a thousand gallant f Frenchmen lost their lives, the French SA 1042. Mr. COBURN submitted an troops were finally defeated and driven back SENATE RESOLUTION 130—TO CON- amendment intended to be proposed to by the outnumbered Mexican troops; STITUTE THE MAJORITY PAR- amendment SA 1040 proposed by Mr. REED Whereas the courageous and heroic spirit TY’S MEMBERSHIP ON CERTAIN (for himself and Mr. BOND) to the amend- that Mexican General Zaragoza and his men COMMITTEES FOR THE ONE HUN- ment SA 1018 submitted by Mr. Dodd (for himself and Mr. SHELBY) to the bill S. 896, to displayed during this historic battle can DRED ELEVENTH CONGRESS, OR never be forgotten; prevent mortgage foreclosures and enhance UNTIL THEIR SUCCESSORS ARE mortgage credit availability. Whereas many brave Mexicans willingly CHOSEN gave their lives for the causes of justice and SA 1043. Mr. ENSIGN (for himself, Mr. freedom in the Battle of Puebla on Cinco de Mr. REID submitted the following PRYOR, Mrs. BOXER, and Ms. SNOWE) sub- Mayo; resolution; which was considered and mitted an amendment intended to be proposed to amendment SA 1038 proposed by Whereas the sacrifice of the Mexican fight- agreed to: ers was instrumental in keeping Mexico from Mrs. BOXER (for herself and Mr. REID) to the S. RES. 130 falling under European domination; amendment SA 1018 submitted by Mr. DODD Resolved, That the following shall con- Whereas the Cinco de Mayo holiday is not (for himself and Mr. SHELBY) to the bill S. stitute the majority party’s membership on only the commemoration of the rout of the 896, supra. the following committees for the One Hun- French troops at the town of Puebla in Mex- f dred Eleventh Congress, or until their suc- ico, but is also a celebration of the virtues of cessors are chosen: individual courage and patriotism of all TEXT OF AMENDMENTS COMMITTEE ON APPROPRIATIONS: Mr. Mexicans and Mexican-Americans who have Inouye (Chairman), Mr. Byrd, Mr. Leahy, Mr. SA 1042. Mr. COBURN submitted an fought for freedom and independence against Harkin, Ms. Mikulski, Mr. Kohl, Mrs. Mur- amendment intended to be proposed to foreign aggressors; ray, Mr. Dorgan, Mrs. Feinstein, Mr. Durbin, amendment SA 1040 proposed by Mr. Whereas Cinco de Mayo serves as a re- Mr. Johnson, Ms. Landrieu, Mr. Reed, Mr. REED (for himself and Mr. BOND) to the minder that the foundation of the United Lautenberg, Mr. Nelson (Nebraska), Mr. States is built by people from many nations amendment SA 1018 submitted by Mr. Pryor, Mr. Tester, and Mr. Specter. and diverse cultures who are willing to fight DODD (for himself and Mr. SHELBY) to COMMITTEE ON THE ENVIRONMENT the bill S. 896, to prevent mortgage and die for freedom; AND PUBLIC WORKS: Mrs. Boxer (Chair- Whereas Cinco de Mayo also serves as a re- man), Mr. Baucus, Mr. Carper, Mr. Lauten- foreclosures and enhance mortgage minder of the close spiritual and economic berg, Mr. Cardin, Mr. Sanders, Ms. credit availability; as follows: ties between the people of Mexico and the Klobuchar, Mr. Whitehouse, Mr. Udall (New At the end, add the following: people of the United States, and is especially Mexico), Mr. Merkley, Mrs. Gillibrand, and important for the people of the southwestern SEC. ll. FEDERAL REAL PROPERTY DISPOSAL Mr. Specter. PILOT PROGRAM. States where millions of Mexicans and Mexi- COMMITTEE ON THE JUDICIARY: Mr. (a) IN GENERAL.—Chapter 5 of subtitle I of can-Americans make their homes; Leahy (Chairman), Mr. Kohl, Mrs. Feinstein, title 40, United States Code, is amended by Whereas in a larger sense, Cinco de Mayo Mr. Feingold, Mr. Schumer, Mr. Durbin, Mr. adding at the end the following: symbolizes the right of a free people to self- Cardin, Mr. Whitehouse, Mr. Wyden, Ms. determination, just as Benito Juarez once ‘‘SUBCHAPTER VII—EXPEDITED Kolbuchar, Mr. Kaufman, and Mr. Specter . DISPOSAL OF REAL PROPERTY said, ‘‘El respeto al derecho ajeno es la paz’’ COMMITTEE ON VETERANS’ AFFAIRS: (‘‘The respect of other people’s rights is Mr. Akaka (Chairman), Mr. Rockefeller, Mrs. ‘‘§ 621. Definitions peace’’); and Murray, Mr. Sanders, Mr. Brown, Mr. Webb, ‘‘In this subchapter: Whereas many people celebrate during the Mr. Tester, Mr. Begich, Mr. Burris, and Mr. ‘‘(1) DIRECTOR.—The term ‘Director’ means entire week in which Cinco de Mayo falls: Specter. the Director of the Office of Management Now, therefore, be it SPECIAL COMMITTEE ON AGING: Mr. and Budget. Resolved, That the Senate— Kohl (Chairman), Mr. Wyden, Mrs. Lincoln, ‘‘(2) EXPEDITED DISPOSAL OF A REAL PROP- (1) recognizes the historical struggle for Mr. Bayh, Mr. Nelson (Florida), Mr. Casey, ERTY.—The term ‘expedited disposal of a real independence and freedom of the people of Mrs. McCaskill, Mr. Whitehouse, Mr. Udall property’ means a demolition of real prop- Mexico; and (Colorado), Mr. Bennet, Mrs. Gillibrand, Mr. erty or a sale of real property for cash that (2) calls upon the people of the United Specter, and Majority Leader Designee. is conducted under the requirements of sec- States to observe Cinco de Mayo with appro- f tion 545. priate ceremonies and activities. ‘‘(3) LANDHOLDING AGENCY.—The term SENATE RESOLUTION 131—MAKING f ‘landholding agency’ means a landholding MINORITY PARTY APPOINT- agency as defined under section 501(i)(3) of SENATE RESOLUTION 129—COM- MENTS FOR CERTAIN COMMIT- the McKinney-Vento Homeless Assistance MENDING LOUISIANA JOCKEY TEES FOR THE 111TH CONGRESS Act (42 U.S.C. 11411(i)(3)). ‘‘(4) REAL PROPERTY.— CALVIN BOREL FOR HIS VIC- Mr. MCCONNELL submitted the fol- TORY IN THE 135TH KENTUCKY ‘‘(A) IN GENERAL.—The term ‘real property’ lowing resolution; which was consid- means— DERBY ered and agreed to: ‘‘(i) a parcel of real property under the ad- Ms. LANDRIEU (for herself, Mr. S. RES. 131 ministrative jurisdiction of the Federal Gov- VITTER, and Mr. MCCONNELL) sub- Resolved, That the following be the minor- ernment that is— mitted the following resolution; which ity membership on the following committees ‘‘(I) excess; was considered and agreed to: for the remainder of the 111th Congress, or ‘‘(II) surplus; until their successors are appointed: ‘‘(III) underperforming; or S. RES. 129 COMMITTEE ON APPROPRIATIONS: Mr. ‘‘(IV) otherwise not meeting the needs of Whereas Calvin Borel, born and raised in Cochran, Mr. Bond, Mr. McConnell, Mr. Shel- the Federal Government, as determined by St. Martin Parish, Louisiana, began riding by, Mr. Gregg, Mr. Bennett, Mrs. Hutchison, the Director; and match horse races in the State of Louisiana Mr. Brownback, Mr. Alexander, Ms. Collins, ‘‘(ii) a building or other structure located at the age of 8; Mr. Voinovich, and Ms. Murkowski. on real property described under clause (i). Whereas Mr. Borel began his professional COMMITTEE ON ENVIRONMENT AND ‘‘(B) EXCLUSION.—The term ‘real property’ career as a jockey at the age of 16; PUBLIC WORKS: Mr. Inhofe, Mr. Voinovich, excludes any parcel of real property or build- Whereas Mr. Borel has won more than 4,500 Mr. Vitter, Mr. Barrasso, Mr. Crapo, Mr. ing or other structure located on such real career starts; Bond, and Mr. Alexander. property that is to be closed or realigned Whereas Mr. Borel won the 135th Kentucky COMMITTEE ON THE JUDICIARY: Mr. under the Defense Base Closure and Realign- Derby by a 6-3⁄4 length, the greatest winning Sessions, Mr. Hatch, Mr. Grassley, Mr. Kyl, ment Act of 1990 (part A of title XXIX of margin since 1946; Mr. Graham, Mr. Cornyn, and Mr. Coburn. Public Law 101–510; 10 U.S.C. 2687 note).

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‘‘(5) REPRESENTATIVE OF THE HOMELESS.— ‘‘(2) The result of the suitability deter- Health and Human Services under paragraph The term ‘representative of the homeless’ mination required under subsection (a) for (1), such real property shall be disposed of in means a representative of the homeless as each such real property. accordance with section 627. defined under section 501(i)(4) of the McKin- ‘‘(3) The date on which the suitability de- ‘‘(3) If the application of a representative ney-Vento Homeless Assistance Act (42 termination was made. of the homeless is approved by the Secretary U.S.C. 11411(i)(4)). ‘‘§ 625. Unsuitable real property of Health and Human Services under paragraph (1), such real property shall be made ‘‘§ 622. Pilot program ‘‘(a) If a real property is determined un- promptly available to that representative by suitable under section 624, such real property ‘‘(a) The Director of the Office of Manage- permit or lease, or by deed, as a public may not be disposed of or otherwise used for ment and Budget shall conduct a pilot pro- health use under subsections (a) through (d) any other purpose for at least 20 days after gram, to be known as the ‘Federal Real of section 550. Property Disposal Pilot Program’, under such determination was made. ‘‘§ 627. Expedited disposal requirements which real property that is not meeting Fed- ‘‘(b)(1) Not later than 20 days after a real eral Government needs may be disposed of in property has been determined unsuitable ‘‘(a) Real property sold under the pilot pro- accordance with this subchapter. under section 624 and before disposal of the gram established under this subchapter shall ‘‘(b) The Federal Real Property Disposal real property in accordance with subsection be sold at not less than the fair market Pilot Program shall terminate 5 years after (d), any representative of the homeless may value, as determined by the Director in con- the date of the enactment of this subchapter. appeal to the Secretary of Housing and sultation with the head of the executive Urban Development for a secondary review agency. Costs associated with such disposal ‘‘§ 623. Selection of real properties of such determination. may not exceed the fair market value of the ‘‘(a) Agencies shall recommend candidate ‘‘(2) Not later than 20 days after a real property unless the Director approves incur- disposition real properties to the Director property has been determined unsuitable ring such costs. for participation in the pilot program estab- under subsection (b)(3) of section 624, the ‘‘(b) A real property may be sold under the lished under section 622. Secretary of Housing and Urban Develop- pilot program established under this sub- ‘‘(b) The Director, with the concurrence of ment shall deem such real property suitable chapter only if the property will generate the head of the executive agency concerned notwithstanding the requirements of that monetary proceeds to the Federal Govern- and consistent with the criteria established subsection if a representative of the home- ment, as provided in subsection (a). A dis- in this subchapter, may then select such can- less has produced clear and convincing evi- posal of real property under the pilot pro- didate real properties for participation in dence that such property can be utilized for gram may not include any exchange, trade, the pilot program and notify the recom- the benefit of the homeless. Any determina- transfer, acquisition of like-kind property, mending agency accordingly. tion under this paragraph shall be com- or other non-cash transaction as part of the ‘‘(c) The Director shall ensure that all real mitted to the unreviewable discretion of the disposal. properties selected for disposition under this Secretary of Housing and Urban Develop- ‘‘(c) Nothing in this subchapter shall be section are listed on a website that shall— ment. construed as terminating or in any way lim- ‘‘(1) be updated routinely; and ‘‘(c) Not later than 20 days after the re- iting authorities that are otherwise avail- ‘‘(2) include the functionality to allow ceipt of any appeal under subsection (b), the able to agencies under other provisions of members of the public, at their option, to re- Secretary of Housing and Urban Develop- law to dispose of Federal real property, ex- ceive such updates through electronic mail. ment shall respond to such appeal and shall cept as provided in subsection (d). ‘‘(d) The Secretary of Housing and Urban make a final suitability determination re- ‘‘(d) Any expedited disposal of a real prop- Development shall ensure that efforts are garding the real property. erty conducted under this subchapter shall taken to inform representatives of the home- ‘‘(d)(1) If at the end of the 20-day period re- not be subject to— less about— quired under subsection (a), no appeal for re- ‘‘(1) subchapter IV of this chapter; ‘‘(1) the pilot program established under view of a determination of unsuitability is ‘‘(2) sections 550 and 553 of this title; section 622; and received by the Secretary of Housing and ‘‘(3) section 501 of the McKinney-Vento ‘‘(2) the website under subsection (c). Urban Development, such real property shall Homeless Assistance Act (42 U.S.C. 11411); ‘‘(e) The Secretary of Housing and Urban be disposed of in accordance with section 627. ‘‘(4) any other provision of law authorizing Development shall— ‘‘(2) If after conducting a secondary review the no-cost conveyance of real property ‘‘(1) make available to the public upon re- of a determination of unsuitability under owned by the Federal Government; or subsection (b), the Secretary of Housing and quest all information (other than valuation ‘‘(5) any congressional notification require- Urban Development determines that the real information), regardless of format, in the ment other than that in section 545. property remains unsuitable under sub- possession of the Department of Housing and ‘‘§ 628. Special rules for deposit and use of section (c), such real property shall be dis- Urban Development relating to the prop- proceeds from disposal of real property posed of in accordance with section 627. erties listed on the website under subsection ‘‘(3) If after conducting a secondary review ‘‘(a) Agencies that conduct the disposal of (c), including environmental assessment of a determination of unsuitability under real properties under this subchapter shall data; and subsection (b), the Secretary of Housing and be reimbursed from the proceeds, if any, ‘‘(2) maintain a current list of agency con- Urban Development determines that the real from such disposal for the administrative ex- tacts for making referrals to inquiries for in- property is suitable under subsection (c), penses associated with such disposal. Such formation relating to specific properties. such real property shall be treated as suit- amounts shall be credited as offsetting col- ‘‘§ 624. Suitability determination able property for purposes of section 626. lections to the account that incurred such expenses, to remain available until ex- ‘‘(a) After the Director selects the can- ‘‘§ 626. Suitable real property didate real properties that may participate pended. ‘‘(a)(1) If a real property is determined ‘‘(b)(1) After payment of such administra- in the pilot program under section 623, the suitable under section 624 or upon a sec- tive costs, the balance of the proceeds shall Secretary of Housing and Urban Develop- ondary review under section 625(d), any rep- be distributed as follows: ment shall determine whether each such real resentative of the homeless shall have not ‘‘(A) 80 percent shall be deposited into the property is suitable for use to assist the more than 90 days after such determination Treasury as miscellaneous receipts. homeless. to submit an application to the Secretary of ‘‘(B) 20 percent shall be deposited into the ‘‘(b) The Secretary of Housing and Urban Health and Human Services for the transfer account of the agency that owned the real Development shall base the suitability deter- of the real property to that representative. If property and initiated the disposal action. mination required under subsection (a)— an application cannot be completed within ‘‘(2) Funds deposited under paragraph ‘‘(1) on the suitability criteria identified by the 90-day period due to non-material fac- (1)(B) shall remain available until expended the Secretary of Housing and Urban Develop- tors, the Secretary of Health and Human for the period of the pilot program, for ac- ment under section 501(a) of the McKinney- Services, with the concurrence of the appro- tivities related to Federal real property cap- Vento Homeless Assistance Act (42 U.S.C. priate landholding agency, may grant rea- ital improvements and disposal activities. 11411(a)); sonable extensions. Upon termination of the pilot program, any ‘‘(2) for real properties located within a ‘‘(2) If at the end of the time period de- unobligated amounts shall be transferred to Federal installation, campus, or compound, scribed under paragraph (1), no representa- the general fund of the Treasury. on whether such property can easily be tive of the homeless has submitted an appli- transported to an off-site location; and ‘‘§ 629. Limitation on number of permissible cation, such real property shall be disposed cash sales ‘‘(3) for real properties where the predomi- of in accordance with section 627. nant use is other than housing, on whether ‘‘(b)(1) Not later than 20 days after the re- ‘‘The total number of cash sales of real the size of the real property is equal to or ceipt of any application under subsection properties to be disposed of under this sub- greater than 100,000 square feet. (a)(1), the Secretary of Health and Human chapter over the 5-year term of the Federal ‘‘(c) Immediately after a determination of Services shall assess such application and de- Real Property Disposal Pilot Program shall suitability is made under this section, the termine whether to approve or deny the re- not exceed 750. Director shall publish, on the website de- quest for the transfer of the real property to ‘‘§ 630. Government Accountability Office scribed in section 623(c) the following infor- such applicant. study mation: ‘‘(2) If the application of a representative ‘‘(a) Not later than 36 months after the ‘‘(1) The address of each such real property. of the homeless is denied by the Secretary of date of enactment of this subchapter, the

VerDate Nov 24 2008 02:03 May 06, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.078 S05MYPT1 smartinez on PROD1PC64 with SENATE S5166 CONGRESSIONAL RECORD — SENATE May 5, 2009 Comptroller General of the United States able form, and the confidentiality of all such ance Corporation in connection with insured shall submit to Congress and make publicly information shall be maintained by the Spe- depository institutions, as described in sec- available a study of the effectiveness of the cial Inspector General; tion 13(c)(2)(B) of the Federal Deposit Insur- pilot program. (D) require each manager of a public-pri- ance Act. ‘‘(b) The study described under subsection vate investment fund to retain all books, (e) DEFINITION.—In this section, the term (a) shall include at a minimum— documents, and records relating to such pub- ‘‘public-private investment fund’’ means a fi- ‘‘(1) recommendations for permanent re- lic-private investment fund, including elec- nancial vehicle that is— forms to statutes governing real property tronic messages; (1) established by the Federal Government disposals and no cost conveyances; and (E) require each manager of a public-pri- to purchase pools of loans, securities, or as- ‘‘(2) recommendations for improving the vate investment fund to acknowledge, in sets from a financial institution described in permanent process by which Federal prop- writing, a fiduciary duty to both the public section 101(a)(1) of the Emergency Economic erties are made available for use by the and private investors in such fund; Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); homeless.’’. (F) require each manager of a public-pri- and (b) TECHNICAL AND CONFORMING AMEND- vate investment fund to develop a robust (2) funded by a combination of cash or eq- MENT.—The table of sections for chapter 5 of ethics policy that includes methods to en- uity from private investors and funds pro- subtitle I of title 40, United States Code, is sure compliance with such policy; vided by the Secretary of the Treasury or amended by inserting after the item relating (G) require strict investor screening proce- the Federal Deposit Insurance Corporation. to section 611 the following: dures for public-private investment funds; (f) OFFSET OF COSTS OF PROGRAM ‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF and CHANGES.—Notwithstanding the amendment REAL PROPERTY (H) require each manager of a public-pri- made by section 202(b) of this Act, paragraph vate investment fund to identify for the Sec- ‘‘Sec. 621. Definitions. (3) of section 115(a) of the Emergency Eco- retary each investor that, individually or to- ‘‘Sec. 622. Pilot program. nomic Stabilization Act of 2008 (12 U.S.C. gether with its affiliates, directly or indi- ‘‘Sec. 623. Selection of real properties. 5225) is amended by inserting ‘‘, as such ‘‘Sec. 624. Suitability determination. rectly holds equity interests in the fund ac- amount is reduced by $2,331,000,000,’’ after ‘‘Sec. 625. Unsuitable real property. quired as a result of— ‘‘$700,000,000,000’’. (i) any investment by such investor or any ‘‘Sec. 626. Suitable real property. f ‘‘Sec. 627. Expedited disposal requirements. of its affiliates in a vehicle formed for the ‘‘Sec. 628. Special rules for deposit and use purpose of directly or indirectly investing in NOTICE OF HEARING of proceeds from disposal of the fund; or real property. (ii) any other investment decision by such COMMITTEE ON ENERGY AND NATURAL ‘‘Sec. 629. Limitation on number of permis- investor or any of its affiliates to directly or RESOURCES sible cash sales. indirectly invest in the fund that, in the ag- Mr. BINGAMAN. Mr. President, I ‘‘Sec. 630. Government Accountability Office gregate, equal at least 10 percent of the eq- would like to announce for the infor- study.’’. uity interests in such fund. mation of the Senate and the public (2) INTERACTION BETWEEN PUBLIC-PRIVATE that a hearing has been scheduled be- SA 1043. Mr. ENSIGN (for himself, INVESTMENT FUNDS AND THE TERM-ASSET BACKED SECURITIES LOAN FACILITY.—The Sec- fore the Senate Committee on Energy Mr. PRYOR, Mrs. BOXER, and Ms. retary shall consult with the Special Inspec- and Natural Resources. The hearing SNOWE) submitted an amendment in- tor General and shall issue regulations gov- will be held on Tuesday, May 12, 2009, tended to be proposed to amendment erning the interaction of the Public-Private at 2:30 p.m., in room SD–366 of the SA 1038 proposed by Mrs. BOXER (for Investment Program, the Term-Asset Dirksen Senate office building. herself and Mr. REID) to the amend- Backed Securities Loan Facility, and other The purpose of the legislative hear- ment SA 1018 submitted by Mr. DODD similar public-private investment programs. ing is to receive testimony on S. 967, (for himself and Mr. SHELBY) to the bill Such regulations shall address concerns regarding the potential for excessive leverage the Strategic Petroleum Reserve Mod- S. 896, to prevent mortgage fore- ernization Act of 2009, and S. 283, a bill closures and enhance mortgage credit that could result from interactions between such programs. to amend the Energy Policy and Con- availability as follows: (3) REPORT.—Not later than 60 days after servation Act to modify the conditions On page 1, strike line 6 and all that follows the date of the establishment of a program for the release of products from the through page 6 line 5, and insert the fol- described in paragraph (1), the Special In- Northeast Home Heating Oil Reserve lowing: spector General shall submit a report to Con- (a) SHORT TITLE.—This section may be Account. gress on the implementation of this section. Because of the limited time available cited as the ‘‘Public-Private Investment Pro- (c) ADDITIONAL APPROPRIATIONS FOR THE gram Improvement and Oversight Act of SPECIAL INSPECTOR GENERAL.— for the hearing, witnesses may testify 2009’’. (1) IN GENERAL.—Of amounts made avail- by invitation only. However, those (b) PUBLIC-PRIVATE INVESTMENT PRO- able under section 115(a) of the Emergency wishing to submit written testimony GRAM.— Economic Stabilization Act of 2008 (Public for the hearing record may do so by (1) IN GENERAL.—Any program established Law 110-343), $15,000,000 shall be made avail- sending it to the Committee on Energy by the Federal Government to create a pub- able to the Special Inspector General, which and Natural Resources, U.S. Senate, lic-private investment fund shall— shall be in addition to amounts otherwise (A) in consultation with the Special In- Washington, DC 20510–6150, or by e-mail made available to the Special Inspector Gen- _ spector General of the Trouble Asset Relief eral. to Rosemarie Calabro@energy. sen- Program (in this section referred to as the (2) PRIORITIES.—In utilizing funds made ate.gov. ‘‘Special Inspector General’’), impose strict available under this section, the Special In- For further information, please con- conflict of interest rules on managers of pub- spector General shall prioritize the perform- tact Tara Billingsley at (202) 224–4756 or lic-private investment funds to ensure that ance of audits or investigations of recipients Rosemarie Calabro at (202) 224–5039. securities bought by the funds are purchased of non-recourse Federal loans made under in arms-length transactions, that fiduciary the Public Private Investment Program es- f duties to public and private investors in the tablished by the Secretary of the Treasury AUTHORITY FOR COMMITTEES TO fund are not violated, and that there is full or the Term Asset Loan Facility established MEET disclosure of relevant facts and financial in- by the Board of Governors of the Federal Re- terests (which conflict of interest rules shall serve System (including any successor there- COMMITTEE ON ARMED SERVICES be implemented by the manager of a public- to or any other similar program established Mr. DODD. Mr. President, I ask unan- private investment fund prior to such fund by the Secretary or the Board), to the extent imous consent that the Committee on receiving Federal Government financing); that such priority is consistent with other Armed Services be authorized to meet (B) require each public-private investment aspects of the mission of the Special Inspec- during the session of the Senate on fund to make a quarterly report to the Sec- tor General. Such audits or investigations retary of the Treasury (in this section re- shall determine the existence of any collu- Tuesday, May 5, 2009, at 9:30 a.m. ferred to as the ‘‘Secretary’’) that discloses sion between the loan recipient and the sell- The PRESIDING OFFICER. Without the 10 largest positions of such fund (which er or originator of the asset used as loan col- objection, it is so ordered. reports shall be publicly disclosed at such lateral, or any other conflict of interest that COMMITTEE ON ENERGY AND NATURAL time as the Secretary of the Treasury deter- may have led the loan recipient to delib- RESOURCES mines that such disclosure will not harm the erately overstate the value of the asset used Mr. DODD. Mr. President, I ask unan- ongoing business operations of the fund); as loan collateral. imous consent that the Committee on (C) allow the Special Inspector General ac- (d) RULE OF CONSTRUCTION.—Notwith- cess to all books and records of a public-pri- standing any other provision of law, nothing Energy and Natural Resources be au- vate investment fund, including all records in this section shall be construed to apply to thorized to meet during the session of of financial transactions in machine read- any activity of the Federal Deposit Insur- the Senate to conduct a hearing on

VerDate Nov 24 2008 03:47 May 06, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MY6.078 S05MYPT1 smartinez on PROD1PC64 with SENATE May 5, 2009 CONGRESSIONAL RECORD — SENATE S5167 Tuesday, May 5, at 9:45 a.m., in room to the immediate consideration of S. States is built by people from many nations SD–366 of the Dirksen Senate office Res. 128, submitted earlier today. and diverse cultures who are willing to fight building. The PRESIDING OFFICER. The and die for freedom; The PRESIDING OFFICER. Without clerk will report the resolution by Whereas Cinco de Mayo also serves as a re- objection, it is so ordered. minder of the close spiritual and economic title. ties between the people of Mexico and the COMMITTEE ON FINANCE The assistant legislative clerk read people of the United States, and is especially Mr. DODD. Mr. President, I ask unan- as follows: important for the people of the southwestern imous consent that the Committee on A resolution (S. Res. 128) recognizing the States where millions of Mexicans and Mexi- Finance be authorized to meet during historical significance of the Mexican holi- can-Americans make their homes; the session of the Senate on Tuesday, day of Cinco de Mayo. Whereas in a larger sense, Cinco de Mayo May 5, 2009, in room 106 of the Dirksen There being no objection, the Senate symbolizes the right of a free people to self- Senate office building. proceeded to consider the resolution. determination, just as Benito Juarez once The PRESIDING OFFICER. Without Mr. DODD. Mr. President, I ask unan- said, ‘‘El respeto al derecho ajeno es la paz’’ objection, it is so ordered. imous consent that the resolution be (‘‘The respect of other people’s rights is peace’’); and COMMITTEE ON FOREIGN RELATIONS agreed to, the preamble be agreed to, Whereas many people celebrate during the Mr. DODD. Mr. President, I ask unan- the motions to reconsider be laid upon entire week in which Cinco de Mayo falls: imous consent that the Committee on the table, with no intervening action Now, therefore, be it Foreign Relations be authorized to or debate, and any statements related Resolved, That the Senate— meet during the session of the Senate to the resolution be printed in the (1) recognizes the historical struggle for on Tuesday, May 5, 2009, at 2:15 p.m. RECORD. independence and freedom of the people of The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Mexico; and objection, it is so ordered. objection, it is so ordered. (2) calls upon the people of the United States to observe Cinco de Mayo with appro- SELECT COMMITTEE ON INTELLIGENCE The resolution (S. Res. 128) was priate ceremonies and activities. Mr. DODD. Mr. President, I ask unan- agreed to. imous consent that the Select Com- The preamble was agreed to. f mittee on Intelligence be authorized to The resolution, with its preamble, COMMENDING LOUISIANA JOCKEY meet during the session of the Senate reads as follows: CALVIN BOREL on May 5, 2009, at 3:30 p.m. S. RES. 128 The PRESIDING OFFICER. Without Whereas May 5, or ‘‘Cinco de Mayo’’ in Mr. DODD. Mr. President, I ask unan- objection, it is so ordered. Spanish, is celebrated each year as a date of imous consent that the Senate proceed SUBCOMMITTEE ON SURFACE TRANSPORTATION great importance by the Mexican and Mexi- to the immediate consideration of S. AND MERCHANT MARINE INFRASTRUCTURE, can-American communities; Res. 129, submitted earlier today. SAFETY AND SECURITY Whereas the Cinco de Mayo holiday com- The PRESIDING OFFICER. The Mr. DODD. Mr. President, I ask unan- memorates May 5, 1862, the date on which clerk will report the resolution by the Battle of Puebla was fought by Mexicans imous consent that the Subcommittee title. on Surface Transportation and Mer- who were struggling for their independence and freedom; The assistant legislative clerk read chant Marine Infrastructure, Safety, Whereas Cinco de Mayo has become one of as follows: and Security of the Committee on Mexico’s most famous national holidays and A resolution (S. Res. 129) commending Lou- Commerce, Science, and Transpor- is celebrated annually by nearly all Mexi- isiana jockey Calvin Borel for his victory in tation be authorized to meet during cans and Mexican-Americans, north and the 135th Kentucky Derby. the session of the Senate on Tuesday, south of the United States-Mexico border; There being no objection, the Senate Whereas the Battle of Puebla was but one May 5, 2009, at 3 p.m., in room 253 of proceeded to consider the resolution. the Russell Senate office building. of the many battles that the courageous Mexican people won in their long and brave Mr. DODD. Mr. President, I ask unan- The PRESIDING OFFICER. Without imous consent that the resolution be objection, it is so ordered. struggle for independence and freedom; Whereas the French, confident that their agreed to, the preamble be agreed to, SUBCOMMITTEE ON TERRORISM AND HOMELAND battle-seasoned troops were far superior to the motions to reconsider be laid upon SECURITY the almost amateurish Mexican forces, ex- the table, with no intervening action Mr. DODD. Mr. President, I ask unan- pected little or no opposition from the Mexi- or debate, and any statements related imous consent that the Senate Com- can army; to the resolution be printed in the mittee on the Judiciary, Sub- Whereas the French army, which had not RECORD. committee on Terrorism and Homeland experienced defeat against any of Europe’s The PRESIDING OFFICER. Without Security, be authorized to meet during finest troops in over half a century, sus- objection, it is so ordered. the session of the Senate, to conduct a tained a disastrous loss at the hands of an outnumbered, ill-equipped, and ragged, but The resolution (S. Res. 129) was hearing entitled ‘‘The Passport highly spirited and courageous, Mexican agreed to. Issuance Process: Closing the Door to force; The preamble was agreed to. Fraud’’ on Tuesday, May 5, 2009, at 2:30 Whereas after three bloody assaults upon The resolution, with its preamble, p.m., in room SD–226 of the Dirksen Puebla in which over a thousand gallant reads as follows: Senate office building. Frenchmen lost their lives, the French The PRESIDING OFFICER. Without troops were finally defeated and driven back S. RES. 129 objection, it is so ordered. by the outnumbered Mexican troops; Whereas Calvin Borel, born and raised in Whereas the courageous and heroic spirit St. Martin Parish, Louisiana, began riding f that Mexican General Zaragoza and his men match horse races in the State of Louisiana PRIVILEGES OF THE FLOOR displayed during this historic battle can at the age of 8; Mr. REED. Mr. President, I ask unan- never be forgotten; Whereas Mr. Borel began his professional Whereas many brave Mexicans willingly career as a jockey at the age of 16; imous consent that Randy Fasnacht, a gave their lives for the causes of justice and Whereas Mr. Borel has won more than 4,500 detailee from the Subcommittee on Se- freedom in the Battle of Puebla on Cinco de career starts; curities, Insurance, and Investment, be Mayo; Whereas Mr. Borel won the 135th Kentucky granted the privilege of the floor for Whereas the sacrifice of the Mexican fight- Derby by a 63⁄4 length, the greatest winning the remainder of the day during considers was instrumental in keeping Mexico from margin since 1946; eration of this bill. falling under European domination; Whereas Mr. Borel is the only jockey since The PRESIDING OFFICER. Without Whereas the Cinco de Mayo holiday is not 1993 to win the Kentucky Oaks and the Ken- objection, it is so ordered. only the commemoration of the rout of the tucky Derby in the same year; and French troops at the town of Puebla in Mex- Whereas in 2 minutes and 2.66 seconds, Mr. f ico, but is also a celebration of the virtues of Borel and Mine that Bird completed the race RECOGNIZING THE HISTORICAL individual courage and patriotism of all and placed first place, making it Mr. Borel’s SIGNIFICANCE OF THE MEXICAN Mexicans and Mexican-Americans who have second Kentucky Derby victory: Now, there- HOLIDAY OF CINCO DE MAYO fought for freedom and independence against fore, be it foreign aggressors; Resolved, That the Senate commends Cal- Mr. DODD. Mr. President, I ask unan- Whereas Cinco de Mayo serves as a re- vin Borel and Mine that Bird, for their vic- imous consent that the Senate proceed minder that the foundation of the United tory at the 135th Kentucky Derby.

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Senate, and after consultation with the dred Eleventh Congress, or until their suc- Republican leader, pursuant to Public cessors are chosen: f Law 106–286, appoints the following COMMITTEE ON APPROPRIATIONS: Mr. Members to serve on the Congres- Inouye (Chairman), Mr. Byrd, Mr. Leahy, Mr. UNANIMOUS CONSENT Harkin, Ms. Mikulski, Mr. Kohl, Mrs. Mur- sional-Executive Commission on the AGREEMENT—S. 454 People’s Republic of China: the Honor- ray, Mr. Dorgan, Mrs. Feinstein, Mr. Durbin, Mr. Johnson, Ms. Landrieu, Mr. Reed, Mr. Mr. REID. Mr. President, I ask unan- able BOB CORKER of Tennessee, and the Lautenberg, Mr. Nelson (Nebraska), Mr. imous consent that upon disposition of Honorable JOHN BARRASSO of Wyoming. Pryor, Mr. Tester, and Mr. Specter. S. 896, the Senate proceed to Calendar The Chair, on behalf of the Vice COMMITTEE ON THE ENVIRONMENT No. 45, S. 454. President, pursuant to 22 U.S.C. 276d– AND PUBLIC WORKS: Mrs. Boxer (Chair- The PRESIDING OFFICER. Is there 276g, as amended, appoints the fol- man), Mr. Baucus, Mr. Carper, Mr. Lauten- objection? lowing Senators as members of the berg, Mr. Cardin, Mr. Sanders, Ms. Klobuchar, Mr. Whitehouse, Mr. Udall (New Without objection, it is so ordered. Senate Delegation to the Canada-U.S. Mexico), Mr. Merkley, Mrs. Gillibrand, and Interparliamentary Group conference Mr. Specter. f during the 111th Congress: the Honor- COMMITTEE ON THE JUDICIARY: Mr. able JEFF SESSIONS of Alabama, the Leahy (Chairman), Mr. Kohl, Mrs. Feinstein, ORDERS FOR WEDNESDAY, MAY 6, Honorable SUSAN COLLINS of Maine, Mr. Feingold, Mr. Schumer, Mr. Durbin, Mr. 2009 Cardin, Mr. Whitehouse, Mr. Wyden, Ms. and the Honorable GEORGE V. Mr. REID. Mr. President, I ask unan- VOINOVICH of Ohio. Klobuchar, Mr. Kaufman, and Mr. Specter. COMMITTEE ON VETERANS’ AFFAIRS: imous consent that when the Senate Mr. DODD. Mr. President, I note the Mr. Akaka (Chairman), Mr. Rockefeller, Mrs. completes its business today, it stand absence of a quorum. Murray, Mr. Sanders, Mr. Brown, Mr. Webb, adjourned until 9:30 a.m. Wednesday, The PRESIDING OFFICER. The Mr. Tester, Mr. Begich, Mr. Burris, and Mr. May 6; that following the prayer and clerk will call the roll. Specter. pledge, the Journal of proceedings be The assistant legislative clerk pro- SPECIAL COMMITTEE ON AGING: Mr. approved to date, the morning hour be ceeded to call the roll. Kohl (Chairman), Mr. Wyden, Mrs. Lincoln, deemed expired, the time for the two Mr. REID. Mr. President, I ask unan- Mr. Bayh, Mr. Nelson (Florida), Mr. Casey, leaders be reserved for their use later imous consent that the order for the Mrs. McCaskill, Mr. Whitehouse, Mr. Udall (Colorado), Mr. Bennet, Mrs. Gillibrand, Mr. in the day, and there be a period of quorum call be rescinded. Specter, and Majority Leader Designee. morning business for up to 1 hour, with The PRESIDING OFFICER. Without S. RES. 131 Senators permitted to speak for up to objection, it is so ordered. Resolved, That the following be the minor- 10 minutes each, with the time equally f ity membership on the following committees divided and controlled between the two CONSTITUTING THE MAJORITY for the remainder of the 111th Congress, or leaders or their designees, with the Re- until their successors are appointed: PARTY’S MEMBERSHIP ON CER- COMMITTEE ON APPROPRIATIONS: Mr. publicans controlling the first half and TAIN COMMITTEES FOR THE ONE Cochran, Mr. Bond, Mr. McConnell, Mr. Shel- the majority controlling the second HUNDRED ELEVENTH CONGRESS by, Mr. Gregg, Mr. Bennett, Mrs. Hutchison, half; further, that following morning Mr. Brownback, Mr. Alexander, Ms. Collins, business, the Senate resume consider- Mr. Voinovich, and Ms. Murkowski. ation of S. 896, the Helping Families MAKING MINORITY PARTY AP- COMMITTEE ON ENVIRONMENT AND Save Their Homes Act, under the pre- POINTMENTS FOR CERTAIN COM- PUBLIC WORKS: Mr. Inhofe, Mr. Voinovich, vious order. MITTEES FOR THE 111TH CON- Mr. Vitter, Mr. Barrasso, Mr. Crapo, Mr. The PRESIDING OFFICER. Without Bond, and Mr. Alexander. GRESS COMMITTEE ON THE JUDICIARY: Mr. objection, it is so ordered. Mr. REID. Mr. President, I ask unan- Sessions, Mr. Hatch, Mr. Grassley, Mr. Kyl, f imous consent that the Senate proceed Mr. Graham, Mr. Cornyn, and Mr. Coburn. to the consideration of S. Res. 130 and COMMITTEE ON VETERANS’ AFFAIRS: Mr. Burr, Mr. Isakson, Mr. Wicker, Mr. PROGRAM S. Res. 131, which are at the desk. Johanns, and Mr. Graham. Mr. REID. Mr. President, there will The PRESIDING OFFICER. The SPECIAL COMMITTEE ON AGING: Mr. clerk will report the resolutions by Martinez, Mr. Shelby, Ms. Collins, Repub- be a series of votes beginning at 10:40 in title. lican Leader designee, Mr. Corker, Mr. the morning relating to the housing The assistant legislative clerk read Hatch, Mr. Brownback, and Mr. Graham. bill we have been working on for sev- as follows: f eral days. A resolution (S. Res. 130) to constitute the MAJORITY PARTY APPOINTMENT f majority party’s membership on certain committees for the One Hundred Eleventh Mr. REID. Mr. President, under S. Res. 18, I have the authority to make a ADJOURNMENT UNTIL 9:30 A.M. Congress, or until their successors are cho- TOMORROW sen. majority party appointment to the A resolution (S. Res. 131) making minority HELP Committee. I now ask unani- Mr. REID. Mr. President, if there is appointments for certain committees for the mous consent that the appointment be no further business to come before the 111th Congress. made on a temporary basis and that I Senate, I ask unanimous consent that The PRESIDING OFFICER. Without still retain the authority to make a it stand adjourned under the previous objection, the two resolutions are permanent appointment in the 111th order. agreed to, en bloc. Congress. There being no objection, the Senate, The resolutions (S. Res. 130 and S. The PRESIDING OFFICER. Without at 7:35 p.m., adjourned until Wednes- Res. 131) were agreed to, as follows: objection, it is so ordered. day, May 6, 2009, at 9:30 a.m.

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PERSONAL EXPLANATION NEAT (Neighborhood Enhancement Action visit the World War II Memorial, Arlington Na- Team) for first time juvenile offenders. tional Cemetery, and other memorials. HON. LINDA T. SA´ NCHEZ Madam Speaker, I have had the great privi- The veterans will return to Mobile Regional OF CALIFORNIA lege of working with Chief Raffaelli for dec- Airport Wednesday evening, where some IN THE HOUSE OF REPRESENTATIVES ades and have always been impressed by his 1,000 people—including high school bands, Tuesday, May 5, 2009 ability to find solutions for vexing problems Boy Scout troops, and Azalea Trail and Dog- and show leadership when it would be easier Ms. LINDA T. SA´ NCHEZ of California. wood Trail Maids—are expected to greet to duck and cover. them. Madam Speaker, unfortunately, I was unable Chief Raffaelli has earned his retirement to be present in the Capitol on Monday, May and will, no doubt, enjoy his newly found lei- Madam Speaker, today’s journey of 91 he- 4, 2009 and therefore unable to cast votes on sure time with his lovely wife Patricia and sons roes from south Alabama is an appropriate the House Floor that evening. Isaac and Rick. For decades, the Raffaelli time for us to pause and thank them—and all However, had I been present I would have family has shared their husband and father of the soldiers who fought in World War II— voted ‘‘yea’’ on H. Res. 230, recognizing the with all of us and we are forever indebted to for they collectively—and literally—saved the historical significance of the Mexican holiday them. world. They personify the very best America of Cinco de Mayo; and ‘‘yea’’ on H. Con. Res. Madam Speaker, the biggest challenge of has to offer, and I urge my colleagues to take 111, recognizing the 61st anniversary of the paying tribute to Chief Raffaelli is deciding a moment to pay tribute to their selfless devo- independence of the State of Israel. which of his many accomplishments to leave tion to our country and the freedom we enjoy. f off the list. Perhaps the greatest endorsement I salute each of the 91 veterans who made IN APPRECIATION FOR THE DEDI- of his service is in the words of those who the trip today. May we never forget their val- CATED PUBLIC SERVICE OF came under his command. Here is just a small iant deeds and tremendous sacrifices. CHIEF MARK RAFFAELLI sampling: Vance Barnes; Edna Bednekoff; Maurice ‘‘Exceptionally dedicated to the city, depart- Bell; Glenn Boom; Douglas Bower; Alto Brill; ment and citizens of South San Francisco. John Brodbeck; Arnold Brodbeck, Jr.; Wil- HON. JACKIE SPEIER . . .’’ liam Burchett; Henry Burgess; Helen OF CALIFORNIA ‘‘Always goes out of his way to greet em- Callaway; John Campbell; William Car- IN THE HOUSE OF REPRESENTATIVES ployees. . . .’’ penter; Florene Clayton; Thomas Cowart; Tuesday, May 5, 2009 ‘‘More frugal than Mr. Scrooge. . . .’’ Kenneth Cramton; Charles Cuff; Leo Curtis; And my personal favorite: ‘‘Great hair.’’ John Deloney; Rois Deshazo; Norman Dob- Ms. SPEIER. Madam Speaker, Mark son; Jack Dunlavy; Charles Dyas, Jr.; Joe f Raffaelli joined the South San Francisco Po- Dykes; Edwin Epperson; William Fleming; lice Department as a patrol officer in 1971. COMMENDING HONOR FLIGHT Samuel Gilreath; Joseph Gould; George This month, he retires—after 37 years of pub- SOUTH ALABAMA AND THE 91 Grau; Joseph Green; and lic service—as Chief of Police for the City of WORLD WAR II VETERANS TRAV- John Grimes; Walter Hadley; Woodrow South San Francisco. ELING TO THE WORLD WAR II Hall; Jeremiah Hammond; Welton Hance; Chief Raffaelli will not be easily replaced. MEMORIAL Paul Hannie; William Harrison III; Billy Everyone who knows Mark, myself included, Heard; Howard Heminger; Earl Hilyer; Paul appreciates his sense of humor, easygoing Hogan; Adam Hollinger; Milton Hudson; HON. JO BONNER Clint Humphrey; Samuel Jenkins; Fred manner and dedication to his employees and OF ALABAMA Jones; George Kendley; Charles Kostmeyer; the citizens they are sworn to protect. Mark is IN THE HOUSE OF REPRESENTATIVES Wilmer Lamey; Francis Larsen; John a leader who leads by example—and by his Laudin; John Lee; Jonathan Leff; Edly example—has mentored more men and Tuesday, May 5, 2009 Lewis; John Little; Albert Lobsitz; Billy women than he even knows. Mr. BONNER. Madam Speaker, it is with Lyon; Ralph Manning; William March; Dil- On his journey through the ranks, Mark great pride and pleasure that I rise to com- lon March; and served in virtually every capacity a peace offi- mend the inaugural Honor Flight South Ala- Dale Martz; Thomas McClellan; Martin cer can serve. He put his skills to work in pa- bama and the 91 World War II veterans this McGowan; James McIntyre; John Mitchell; trol, investigations, communications, training, very special organization is bringing to Wash- Harry Moreland; J. Edgar Moser; George operations and was a steady and reliable ington, D.C. this week. Noffsinger; Clayton Oleson; Thomas Ollinger; community presence for generations of South Founded by the South Alabama Veterans Cecil Palmer; Clarence Phillips; Herbert Pierce; Gordon Pierce; Arthur Prince; Wade City residents. Council, Honor Flight South Alabama is an or- Reeves; Sibley Richerson; Gary Roberts; Mark is a fixture in his community, having ganization whose mission is to fly heroes from Thomas Schmaeling; Otis Slack; James served as President of the South San Fran- Mobile, Baldwin, Washington, Clarke, Monroe, Sowell, Jr.; Robert Spielmann; Colwin cisco Boys and Girls Club, SSF Host Lions Covington, and Escambia counties in Alabama Steadham; Ivan Sweeney; Olin Tisdale; Club, San Mateo County 100 Club and the to see their national memorial. George Underwood; Edward Wade; Henry San Mateo County Police Chiefs and Sheriff Over six decades have passed since the Waltman; J.B. White-Spunner; Mabron Wil- Association. He has taken leadership roles in end of World War II and, regrettably, it took liams; and Janet Woods. groups as diverse as the San Mateo County nearly this long to complete work on the me- Regional Law Enforcement Training Academy, morial that honors the spirit and sacrifice of f Peninsula Police Officers Association, San the 16 million who served in the U.S. armed CREDIT CARDHOLDERS’ BILL OF Mateo County Gang Task Force, SSF Unified forces and the more than 400,000 who died. RIGHTS ACT OF 2009 School District Strategic Planning Committee, Sadly, many veterans did not live long enough North Peninsula Family Alternatives, Skyline to hear their country say ‘‘thank you’’ yet, for College President’s Council, Skyline College those veterans still living, Honor Flight pro- SPEECH OF Hermanos Program and the San Mateo Coun- vides for many their first—and perhaps only— ty Law Enforcement Training Site Fundraising opportunity to see the National World War II HON. BETTY McCOLLUM Committee. Memorial, which honors their service and sac- OF MINNESOTA As Chief of Police, Mark Raffaelli has al- rifice. IN THE HOUSE OF REPRESENTATIVES ways welcomed new ideas. Under his watch, This Honor Flight, the organization’s maiden the SSFPD created or expanded the D.A.R.E. flight, begins at dawn when the veterans will Wednesday, April 29, 2009 drug education program, Community Oriented gather at historic Fort Whiting in Mobile and The House in Committee of the Whole Policing, Computer Aided Dispatch and travel to Mobile Regional Airport to board a House on the State of the Union had under Records Management System, a scholarship US Airways flight to Washington. During their consideration of the bill (H.R. 627) to amend program for members of the Explorer Post and time in their nation’s capital, the veterans will the Truth in Lending Act to establish fair

∑ 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 03:04 May 06, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MY8.001 E05MYPT1 jbell on PROD1PC69 with REMARKS E1058 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 2009 and transparent practices relating to the ex- of work ethic early on in life. They shined in STEM (Science, Technology, Engineering, tension of credit under an open end con- shoes, cut yards, sold newspapers, and & Math) field competitions among young sumer credit plan, and for other purposes: sacked groceries. adults hosted by FIRST. Ms. MCCOLLUM. Mr. Chair, I rise today to Although Virginia lost her beloved husband, FIRST, ‘‘For Inspiration and Recognition of support H.R. 627, the Credit Cardholders’ Bill friend and companion, Raphael, to cancer, her Science and Technology,’’ was founded in of Rights. This important legislation reforms faith in God remained strong. 1989 by Dean Kamen, an inventor, entre- the relationship between credit card issuers Virginia, then 42 years old, learned how to preneur, and advocate for the STEM fields. Its and cardholders. I thank Congresswoman drive so she could take her third and fourth original goal of inspiring young adults’ interest MALONEY, Chairman FRANK, and the House born sons to Brownsville High School. She and participation in STEM fields has remained Leadership for their work on this legislation. knew that a strong solid education was the a core value and has helped grow the pro- Credit is essential to growth and prosperity key to success and instilled that in her 11 chil- gram and participation to unprecedented levin our economy. Thanks to bold action by this dren. Shortly after, she accepted a fellowship els. In 2009, nearly 1 million individuals and Congress and President Obama, once-frozen at Texas A&M University where she earned groups, consisting of students, volunteers, and credit markets are slowly beginning to move her master’s degree in English Literature and sponsors, composed the FIRST community. again. However, hundreds of my constituents worked on her doctoral thesis. On April 16, 2009, tens of thousands of stu- have contacted me to share their experiences For many years, Virginia taught at the then- dents, spectators, mentors, volunteers and of unexpected, significant interest rate in- Texas Southmost College, now The University sponsors gathered in the Georgia Dome in At- creases on existing credit card debt. Many re- of Texas at Brownsville and Texas Southmost lanta, Georgia to launch the FIRST Inter- sponsible borrowers who do not miss pay- College, where she was a tenured faculty national Championship. Over the weekend, ments and only borrow within their means now member and after many years of serving and more than 500 teams from around the world find themselves in situations of great financial educating the bright minds of South Texas re- demonstrated the products of their labors in uncertainty as a result of legal but dubious tired. several competitions, including the FIRST Ro- credit card company practices. Reforms are In retirement she traveled to England and botics Competition (FRC), the FIRST Tech needed to restore fairness to the consumer throughout Europe to visit birthplaces, homes Challenge, and the FIRST Lego League. The credit market. and graves of the literary authors she has ad- ‘‘Techno Ticks’’ of Lyme-Old Lyme High The Credit Cardholders’ Bill of Rights will mired for a lifetime. She has done it all. School from Old Lyme, Connecticut were support responsible borrowing and lending Today, Virginia continues to enjoy a happy among the competitors in the FRC field. and help to prevent predatory lending prac- life with her 11 grown children and 25 grand- Prior to the championship, FRC teams were tices, which contributed to the economic crisis children. I ask that my colleagues join me in challenged to construct a robot in 6 weeks we find ourselves in today. This legislation will commemorating Virginia on her 90th birthday. with a kit containing hundreds of parts. Nearly 1,700 teams participated in FRC regional com- provide a range of new protections for con- f sumers facing excessive credit card fees, sky- petitions. Winners advanced to the FIRST rocketing interest rates, and ad hoc revisions RECOGNIZING THE 61ST ANNIVER- International Competition. The 2009 FIRST In- of agreements. It will end unfair, arbitrary in- SARY OF THE INDEPENDENCE OF ternal Competition FRC challenge revolved terest rate increases on existing balances, ISRAEL around a game called ‘‘LUNACY,’’ which test- allow consumers to set their own credit limits, ed the students and robots in picking up nine and end the practice of computing interest SPEECH OF inch game balls and placing them in trailers charges on balances from more than one bill- hitched to their opponents’ robots. The com- HON. BARBARA LEE petitors were also faced with the additional ing cycle, which can lead consumers to pay OF CALIFORNIA challenge of a low-friction floor. interest on debt they have already paid. IN THE HOUSE OF REPRESENTATIVES The Credit Cardholders’ Bill of Rights en- After all balls were counted and the laws of hances consumer protection from predatory Monday, May 4, 2009 physics tested, the ‘‘Techno Ticks’’ emerged lending practices by instituting common-sense Ms. LEE of California. Mr. Speaker. I wel- with the most prestigious honor of the com- policies to promote responsible lending and come the opportunity to commemorate the petition, the Chairman’s Award. The Chair- borrowing. Many families in my district and 61st anniversary of the founding of the State man’s Award is presented to the team that across the country are struggling with personal of Israel and congratulate the people of Israel best represents a model for other teams to finances and will benefit greatly from the provi- as they celebrate the independence of their emulate and best embodies the purpose and sions of this bill. I urge my colleagues to sup- country. goals of FIRST. Madam Speaker, the competitiveness of our port this legislation. I am hopeful that this year we make sub- workforce and prosperity of our society is stantial progress to the goal we all share f greatly dependent on the innovative capacities which is to see Israel and its neighbors living of our citizens. Members of the ‘‘Techno THE 90TH BIRTHDAY OF VIRGINIA side by side in peace. To achieve this goal, it Ticks’’ and the other young adults that have B. COWEN is important that the parties, aided by the participated in FIRST programs have clearly United States acting as an honest broker, ad- demonstrated that our next generation can HON. SOLOMON P. ORTIZ dress and resolve all of the major issues tackle the challenges that our nation may face OF TEXAS standing in the path to peace. in the future. I ask my colleagues to join with The appointment by President Obama of IN THE HOUSE OF REPRESENTATIVES me and my constituents in recognizing the former Senator George Mitchell as Special Tuesday, May 5, 2009 ‘‘Techno Ticks’’ achievements and celebrating Envoy for Middle East Peace is an out- their prestigious award. Mr. ORTIZ. Madam Speaker, I rise today to standing gift from the United States to Israel recognize Virginia B. Cowen of Brownsville, on the occasion of its 61st birthday. f Texas, who on May 13 will celebrate her 90th f RECOGNIZING TERRI KIMBLE AS birthday surrounded by family and friends. THE NEW PRESIDENT OF THE LYME-OLD LYME HIGH SCHOOL— Virginia was born in the small Midwestern AHWATUKEE FOOTHILLS CHAM- FIRST ROBOTICS TEAM town of Prosperity in Missouri, and graduated BER OF COMMERCE Valedictorian from Sheldon High School at the age of 15. She went on to study at Missouri HON. JOE COURTNEY HON. HARRY E. MITCHELL State University, but after her third year there, OF CONNECTICUT OF ARIZONA she followed her ‘‘heart song’’ to the Dallas Di- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES vinity School in Texas. Virginia later moved to Brownsville, Texas, Tuesday, May 5, 2009 Tuesday, May 5, 2009 on the tip of South Texas, where she met the Mr. COURTNEY. Madam Speaker, I rise Mr. MITCHELL. Madam Speaker, I rise love of her life, Raphael Cowen, an attorney, today to recognize an outstandingly gifted today to recognize Terri Kimble, who was re- and the two married. Virginia and Raphael had group of high school students from Old Lyme, cently selected to be the new President and six boys and five girls, a total of 11 children. Connecticut who compose the Lyme-Old Lyme Chief Executive Officer of the Ahwatukee After Raphael became ill, Virginia worked as High School FIRST Robotics team, the Foothills Chamber of Commerce. Terri was a school teacher in order to maintain the fam- ‘‘Techno Ticks.’’ On April 18, 2009, they were chosen for this important community leader- ily, and all the children learned the importance honored with one of the highest recognitions ship position out of many qualified applicants

VerDate Nov 24 2008 03:04 May 06, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MY8.002 E05MYPT1 jbell on PROD1PC69 with REMARKS May 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1059 based of her extensive experience and com- to facilitate international cooperation. Her ex- sacrifice, and devotion to the right of self-ter- mitment to success. tensive experience in both foreign and domes- mination. The business community and residents of tic energy issues in a variety of capacities But as we also know, the day transcends a Ahwatukee will benefit from Terri’s experience, made her a valuable member of the Depart- single battle at the City of Puebla, where, which includes longtime membership in the ment and prepared her to make equally mean- many years ago, Mexican forces defeated a Elk Rapids Chamber of Commerce in Michi- ingful contributions to Congress. far more advanced and well-equipped military gan, nine years as the group’s president. In The Appropriations Committee first bene- force. addition, Terri was an Athena Award finalist, fited from Ms. Tyborowski’s expertise in 2000, For Americans, the holiday has come to Rotarian of the Year and Michigan Chamber during her detail with the Energy and Water symbolize the rich and diverse experience of of Commerce Executives, as well as Board of Subcommittee. That year, she assisted in the Mexicans and Mexican-Americans. It is a day Directors and Communications Chair. With preparation of the Fiscal Year 2001 Appropria- on which we celebrate the rich and varied such noteworthy experience and skills, I am tions Bill, giving recommendations on funding contributions of Americans of Mexican ances- positive that Terri will successfully promote the levels and reporting requirements from the try to the history, culture, and progress of the Chamber’s goals of advancing community and perspective of a federal agency under our ju- United States. business development. risdiction. Whether you celebrate the day by watching I commend the Ahwatukee Foothills Cham- With both Departmental insight and famili- a mariachi performance on the National Mall, ber of Commerce for selecting such a deserv- arity with the appropriations process, Ms. or by listening to a lecture on the activism of ing candidate to serve as their president. I am Tyborowski was an obvious choice for a per- Ce´sar Cha´vez, or by simply going to a back- sure that Terri will provide valuable service manent professional position on the Appropria- yard barbecue with your family and friends, and leadership during her time there. tions Committee. Joining the Committee staff you know that this holiday is, at its essence, Madam Speaker, please join me in recog- in 2004, she spent a year with the Homeland an American holiday. nizing Terri Kimble’s contributions to our coun- Security Subcommittee working on science, in- In my home state of California, in fact, try and community. frastructure, and intelligence issues before re- Americans have been celebrating this day as f turning to the Energy and Water Sub- far back as 1863, just one year after the his- committee to oversee major Department of toric Battle of Puebla. KALEB COLLIER Energy accounts. In this capacity, Ms. Thus as we commemorate this day, let us Tyborowski’s in-depth knowledge of energy honor our brothers and sisters who have con- HON. SAM GRAVES policy made her a truly invaluable member of tributed to the rich diversity of the United OF MISSOURI the team. States. Let us remember that this diversity, far IN THE HOUSE OF REPRESENTATIVES The Energy & Water subcommittee has a from being a recent phenomenon, or a distinct history of working close together, but when I chapter in American history, has been with us Tuesday, May 05, 2009 became Chairman of the subcommittee I was since our Nation’s founding, and has enriched Mr. GRAVES. Madam Speaker, I proudly able to gain a much deeper appreciation for our country throughout each and every chap- pause to recognize Kaleb Collier of Weston, the tremendous contribution Ms. Tyborowski ter of our history. Let us continue to celebrate Missouri. Kaleb is a very special young man made to the subcommittee. During this transi- this diversity, and recognize that it will con- who has exemplified the finest qualities of citi- tion period, she provided an essential source tinue to be the great blessing and strength of zenship and leadership by taking an active of consistency and expertise. She quickly be- our country. part in the Boy Scouts of America, Troop 249, came a go-to person for nearly all of the en- f and earning the most prestigious award of ergy-related issues and her work was critical Eagle Scout. to the subcommittee’s success during her four TRIBUTE TO LIEUTENANT Kaleb has been very active with his troop, year tenure. GENERAL CLYDE A. VAUGHN participating in many scout activities. Over the On top of all her professional contributions, many years Kaleb has been involved with Ms. Tyborowski has also been a distinct HON. IKE SKELTON scouting, he has not only earned numerous pleasure to work with. Tenacious and honest, OF MISSOURI merit badges, but also the respect of his fam- Ms. Tyborowski is universally regarded by her IN THE HOUSE OF REPRESENTATIVES ily, peers, and community. colleagues for the deep commitment and pas- Tuesday, May 5, 2009 Madam Speaker, I proudly ask you to join sion she brings to her work. We have each me in commending Kaleb Collier for his ac- appreciated her wonderful and contagious Mr. SKELTON. Madam Speaker, let me complishments with the Boy Scouts of Amer- sense of humor. Her presence will be sorely take this time to honor a fellow Missourian, ica and for his efforts put forth in achieving the missed. I must also acknowledge Ms. Lieutenant General Clyde A. Vaughn, who will highest distinction of Eagle Scout. Tyborowski’s family—her husband, Keith, and be retiring as Director of the Army National f her son, Eric—for their support as Terry man- Guard, after having served the nation for 35 aged the demands of a congressional sched- years in the Army National Guard. TRIBUTE TO TERRY TYBOROWSKI ule. While General Vaughn has performed a For all the knowledge she has shared and number of important roles during his time in HON. PETER J. VISCLOSKY the sacrifices she has made, on behalf of the the Army National Guard, he has served as OF INDIANA Energy and Water Subcommittee I would like Director of the Army National Guard since IN THE HOUSE OF REPRESENTATIVES to extend to her our utmost thanks. We wish 2005. During his tenure as Director, he has overseen a period of increased operating Tuesday, May 5, 2009 her all the best for her return to the Depart- ment of Energy. We know that she will con- tempo and helped to transform the Army Na- Mr. VISCLOSKY. Madam Speaker, the En- tinue to do great things. tional Guard. ergy and Water Appropriations Subcommittee f As Director, General Vaughn has imple- will soon bid farewell to our professional staff mented policies to increase the end strength member, Teresa Tyborowski, who has been RECOGNIZING THE SIGNIFICANCE of the Army National Guard and to ensure with the Appropriations Committee for five OF CINCO DE MAYO new members of the Guard are well trained years. and well equipped. He has overseen important Before joining the Committee staff in 2004, SPEECH OF Army National Guard missions at home and Ms. Tyborowski spent twelve years at the De- HON. BARBARA LEE abroad, including missions along the U.S. Gulf partment of Energy. There, she worked on a OF CALIFORNIA Coast during and after Hurricanes Katrina and wide range of vital energy and environmental IN THE HOUSE OF REPRESENTATIVES Rita, within California during wildfires, and policy issues, including nuclear clean-up, nat- along the U.S. border. ural resource management, nuclear non-pro- Monday, May 4, 2009 Overseas, General Vaughn has helped to liferation, international fuel cycles, and fissile Ms. LEE of California. Madam Speaker, I coordinate an important program in Afghani- materials policy implementation. In these rise today in support of the resolution honoring stan with the help of Missouri National areas and others, she evaluated existing poli- the historical significance of Cinco de Mayo. Guardsmen and those from other states who cies, made recommendations for essential This holiday, as we all know, recognizes are also experts in agriculture. In that troubled changes, authored reports to Congress, man- Mexico’s remarkable defense against foreign country, the Guard has partnered with the aged complex programs, and traveled abroad intervention, a feat marked by great courage, U.S. Department of Agriculture and the Farm

VerDate Nov 24 2008 03:04 May 06, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K05MY8.002 E05MYPT1 jbell on PROD1PC69 with REMARKS E1060 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 2009 Bureau to develop and deploy Agribusiness with countless other patriots to fight for our graduate of the United States Coast Guard Development Teams. These teams have great nation. I hope that today’s generation of Academy, with a Bachelor of Science in Gov- helped to improve Afghanistan’s agricultural young men and women will follow the shining ernment. In 2000, he completed a Master’s livelihood. They have provided outreach, edu- example of patriotism and dedication to free- Degree in Public Administration from Troy cation, and infrastructure support to officials dom modeled by Sergeant Otis Glenn and the State University, and in 2004, he completed a from the Afghan Ministry of Agriculture, Irriga- other heroes of the Vietnam War. Master’s Degree in National Security Policy tion, and Livestock and to local farmers. The f from the U.S. Naval War College. advice given by these Guardsmen who are Commander Willis’ prior assignments in- also agricultural experts betters the changes TEACHERS OF DREW MODEL cluded enlisted service from 1983 to 1985, for economic stability and alternative liveli- SCHOOL HONORED FOR THEIR during which time he was stationed on hoods for Afghanistan’s rural citizens. DEDICATION AND COMMITMENT USCGC DAUNTLESS and at the Broadened For the families of Army National Guard per- TO ACHIEVING ACADEMIC SUC- Opportunity for Officer Selection and Training sonnel, General Vaughn has overseen the de- CESS FOR ALL (BOOST) program in San Diego, California. velopment of the 325 Army National Guard After BOOST, Commander Willis reported to Family Assistance Centers. These centers HON. EDDIE BERNICE JOHNSON the Coast Guard Academy. Following gradua- provide long-term informational, referral, and OF TEXAS tion in 1989, he reported to USCGC HARRIET outreach support for geographically dispersed IN THE HOUSE OF REPRESENTATIVES LANE in Portsmouth, Virginia, where he served as a Deck Watch Officer, Combat In- military families. Tuesday, May 5, 2009 General Vaughn’s leadership has strength- formation Center Officer, Weapons Officer, ened both the National Guard and the United Ms. EDDIE BERNICE JOHNSON of Texas. and Assistant Navigator. States. I am proud that he is a Missourian Madam Speaker, I rise today in honor of Na- Upon departure from USCGC HARRIET who has given so much of his time to our tional Teacher Appreciation Week and to LANE in 1992, Commander Willis reported to country. I trust that Members of the House will honor the teachers of Drew Model School for Law Enforcement Detachment 8–G in Corpus join me in congratulating General Vaughn and their outstanding and tireless efforts to raise Christi, Texas, where he served as Officer in his family for their contributions to the United academic achievement levels for all students Charge, and made deployments on a variety States of America. at this institution. of U.S. Navy ships, and a deployment to the f The teachers and staff at Drew Model Middle East to assist in enforcement of the School approach each student with the belief U.N. Sanctions against Iraq. Commander Wil- HONORING THE SERVICE OF VIET- that every child learns best within a social en- lis reported to USCGC BEAR in Portsmouth, NAM VETERAN SERGEANT OTIS vironment that supports and respects his or Virginia, as the Operations Officer from 1994 HERMAN GLENN, JR. OF BUN- her unique development. Their programs en- to 1997. In August 1997, he reported to the COMBE COUNTY, NORTH CARO- courage children to develop independence of Coast Guard’s Atlantic Area command staff, LINA thought and confidence of character while where he served until July 2001 as a member learning at their own pace. Additionally, Drew of the International Operations branch. In that HON. HEATH SHULER faculty members incorporate the traditional ap- capacity, Commander Willis helped direct and OF NORTH CAROLINA proach of children working, learning, and de- execute the Tradewinds series of exercises in IN THE HOUSE OF REPRESENTATIVES veloping in mixed-age groups with the aca- the Caribbean, which included participation by demic experience of gentle guidance under a Tuesday, May 5, 2009 fourteen Caribbean nations. specially trained teacher. Commander Willis then reported to USCGC Mr. SHULER. Madam Speaker, I rise today I am proud and grateful for the enthusiastic DAUNTLESS in Galveston, Texas, as Execu- to honor the life of Otis Herman Glenn, Jr., a teachers at Drew Model School and would like tive Officer in August 2001, after which CDR Vietnam Veteran and recipient of the Purple to recognize Suneeta Maheshwari, Carol Willis reported to the U.S. Naval War College Heart. Oakes, and all Drew Model School educators in Newport, Rhode Island, graduating in May As a sergeant in the United States Marine who have shown admirable dedication to their 2004. Following graduation, Commander Willis Corps, Sgt. Glenn fought valiantly in the bat- students at this exemplary school. then reported as Assistant Coast Guard Liai- tles of Khe Sanh and Con Thien in Southern Teachers make a difference in all of our son to Fleet Forces Command and Joint Vietnam. lives, and today, as well as everyday, I would Forces Command in Norfolk, Virginia, and For his truly heroic and fearless service in like to extend my warm thanks for their hard served in that billet until assignment in August Vietnam, Sgt. Glenn was awarded the Presi- work and service to America’s children. I ask 2006 to the newly established position of dential Citation for Bravery. After being my fellow Members of Congress to join me in Coast Guard Liaison to Commander Second wounded in combat in 1968, Sgt. Glenn was honoring Drew Model School teachers whose Fleet. awarded the Purple Heart. When his tour in commitment to quality education is extraor- Commander Keith Willis, born in Frisco, Vietnam ended, Sgt. Glenn returned to North dinary and dedication to academic achieve- North Carolina, is remembered for his Chris- Carolina and married Mrs. Judith Glenn. ment is unmatched. tian faith, devotion to his family and dedicated While Sgt. Glenn left the jungles and rice f service to the United States Coast Guard. May patties of Vietnam in 1968, the damage done God rest his soul and provide comfort to his TRIBUTE TO COMMANDER KEITH to his lungs when in combat proved fatal in family. ALAN WILLIS 2007. After 27 years of marriage, Mrs. Glenn f watched as the effects of Vietnam slowly ended her husband’s life. Mrs. Glenn made a HON. HOWARD COBLE PEARL UNITED METHODIST pledge to properly honor her husband’s pass- OF NORTH CAROLINA CHURCH CENTENNIAL CELEBRA- ing. IN THE HOUSE OF REPRESENTATIVES TION In April of 2009, Mrs. Glenn was accompanied by family and friends as Sgt. Glenn’s Tuesday, May 5, 2009 HON. GREGG HARPER name was read in front of the Vietnam Vet- Mr. COBLE. Madam Speaker, I rise today to OF MISSISSIPPI eran’s Memorial Wall. Because his death was pay final tribute to one of North Carolina’s na- IN THE HOUSE OF REPRESENTATIVES not classified as killed in action, Sgt. Glenn’s tive sons and a veteran of the United States name is not eligible to be engraved in the Coast Guard. A beloved son, husband and fa- Tuesday, May 05, 2009 Wall. However, his name will be added to the ther, Commander Keith Alan Willis, U.S. Coast Mr. HARPER. Madam Speaker, it was 1909 Vietnam War Honor Roll Book to serve as a Guard, passed suddenly while serving as when a young Millsaps College ministerial stu- lasting reminder of his service and sacrifice. Commanding Officer in Coast Guard Cutter dent in Mississippi was sent to nearby Pear- I would like to recognize Judith Glenn for TAHOMA (WMEC 908) since May 2007. He son Community on the old Illinois Central Rail- her tireless efforts to memorialize her hus- most recently served as the Coast Guard Liai- road to organize a new Methodist congrega- band, and I ask my colleagues to join me in son as Commander, U.S. Second Fleet after tion. The young pastor’s name was James F. fulfilling Judith’s promise to pay tribute to her having served as Assistant Coast Guard Liai- Campbell, Sr., and his new members of Pear- beloved husband. son at U.S. Fleet Forces Command and Joint son Methodist Church met to worship at the It is with great respect that I commend the Forces Command from August 2004 through old Pearson School House. Although Rev- service of this brave Marine who joined hands August 2006. Commander Willis was a 1989 erend Campbell only served as pastor until

VerDate Nov 24 2008 03:04 May 06, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MY8.007 E05MYPT1 jbell on PROD1PC69 with REMARKS May 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1061 1910, his legacy was a stronger and larger the landmark No Child Left Behind law, we award the Congressional Gold Medal to four community, and a church that this year proud- must examine and address how improvements brave and exemplary Americans: Commander ly celebrates its centennial. in school safety can positively affect student Neil A. Armstrong, Command Module Pilot Mi- As both the congregation and community attendance and academic achievement. chael Collins, and Lunar Module Pilot Edwin grew, the church relocated a bit north to the The Safe Schools Improvement Act would E. ‘‘Buzz’’ Aldrin, Jr.—the crew of the 1969 current day City of Pearl. There the members require schools that receive funding from the Apollo 11 mission to the Moon. Additionally, continued to meet in another local school until Safe and Drug-Free Schools and Communities this legislation would award a Congressional 1921. With a desire for their own permanent Act to implement an anti-bullying policy that Gold Medal to John Glenn, the first American place to worship, the decision was made to protects students from bullying and harass- to orbit the earth and the man who helped set purchase one acre of land. To construct their ment. It also requires these schools to collect NASA firmly on the path of human space ex- new church home, the members purchased data regarding bullying and harassment inci- ploration. Forty years ago, five hundred million the abandoned Union Jackson Methodist Epis- dents and would allow them teach students people watched as Armstrong took those fate- copal Church South on Old Fannin Road. Built about the consequences of bullying and har- ful steps onto the Moon’s surface, the first in 1850, the structure was dismantled and assment. time humans had set foot on another world. In moved by wagon to its current day site. The Today’s children are the economic engine of words that were as poetic as the occasion original pulpit of the old Union church is still our future, and we are relying on schools to was meaningful, Armstrong said, ‘‘That’s one used to this day. provide the education they need. Congress small step for a man, one giant leap for man- When the congregation began worshiping in must therefore help schools provide safe kind.’’ He was shortly followed on the Moon’s the new building, they adopted the name Pearl places for students to learn. If we do not, we surface by Aldrin, as Collins circled overhead. Chapel Methodist Church, and thirty-six years risk losing more children to the streets, to de- I was eleven years old that day, and I later the name was changed by church resolu- pression, or even to suicide. America’s chil- watched the Moon landing, joining much of tion to Pearl Methodist Church. The congrega- dren deserve our support. They deserve the humanity in celebrating this tremendous col- tion continued to grow, bringing many changes Safe Schools Improvement Act. lective accomplishment. My family was on va- to the church as well as new buildings, such f cation, but I had persuaded my parents to let as new Sunday School rooms and administra- RECOGNIZING THE SIGNIFICANCE me stay in the hotel room alone all day and tive offices. In 1952, more improvements were OF CINCO DE MAYO watch television, so I could see these giant made, such as the beautiful chancel rail, men take those giant steps. Their mission was which is still in use today. During the next fifty SPEECH OF a landmark for America, for the world, and for years, the church saw many changes and im- HON. GENE GREEN all time. Americans are still inspired by these provement to accommodate the growing con- men, and their mission to travel over 250,000 OF TEXAS gregation. One final change was chosen in miles of dead space to reach our closest ce- IN THE HOUSE OF REPRESENTATIVES 1968 as the church adopted its modern day lestial neighbor. I remember at the time think- name of Pearl United Methodist Church. Monday, May 4, 2009 ing that humankind as a species is capable of Since 1909, eleven members have an- Mr. GENE GREEN of Texas. Mr. Speaker, true greatness. While wolves howl at the swered the Lord’s call to ministry and the con- I rise today to show my support for H. Res. moon, humans visit it. gregation has heard the word delivered from 230. On this journey, the Apollo 11 crew showed nine humble servants: Reverend James F. This resolution recognizes the historical sig- remarkable bravery protected for days from Campbell, Sr., Reverend F.L. Applewhite, nificance of the Mexican holiday of Cinco de the lifeless vacuum by only a thin metal shield. Reverend E.R. Dickerson, Reverend L.T. Mayo. They collected more than forty pounds of lunar Brantley, Reverend Jim Campbell, Jr., Rev- On May 5, 1862, untrained, outnumbered, samples, took photographs, and deployed ex- erend C.V. Bugg, Reverend George Thomp- and outgunned Mexican forces—determined to periments to study the solar wind, lunar dust, son, Reverend Scott Larsen and Reverend protect their land—successfully defended the enable laser ranging, and forever carry out David Patrick. town of Puebla against the French. Against passive seismic measurements. Their foot- Many things change over the course of a overwhelming odds, they managed to drive prints remain on the Moon today. The entire century, but after hundreds of worship serv- back the invading French army, achieving a endeavor was the culmination of an intensive ices, weddings, christenings, and baptisms, total victory over soldiers deemed among the effort by tens of thousands of scientists, engi- Pearl United Methodist Church in Pearl, Mis- best trained and equipped in the world and neers, and other dedicated individuals to meet sissippi has remained faithful to its calling . . . embarking the end of the European domina- the challenge laid down by President John F. serving God and the citizens in the Pearl com- tion in America. Kennedy eight years earlier. President Ken- munity. General Ignacio Zaragoza Seguı´n led the nedy encouraged Americans to rise to chal- Mexican Army at the Battle of Puebla. He was f lenges, like this one, and the American people born in la Bahı´a del Espı´ritu Santo, in what responded with ingenuity, discipline, and a THE SAFE SCHOOLS was then the Mexican state of Coahuila y spirit of cooperative effort. This journey took IMPROVEMENT ACT Tejas, now the city of Goliad, Texas, in the political will, scientific and technological risk- United States. A Statue of General Zaragoza taking, inspiration, and the heart and soul of HON. LINDA T. SA´ NCHEZ now stands in San Agustin Plaza in the down- millions of Americans supporting the space OF CALIFORNIA town historic district of Laredo, Texas. program. And it took the competence and Although the Mexican army was eventually IN THE HOUSE OF REPRESENTATIVES courage of Armstrong, Aldrin, and Collins to defeated, the Battle of Puebla has come to make Apollo 11 the success that it was. Tuesday, May 5, 2009 represent a symbol of Mexican unity and patri- As the culmination of the U.S.-Soviet space Ms. LINDA T. SA´ NCHEZ of California. otism in the history of Mexico. race that commenced with the Soviet’s launch Madam Speaker, today I am introducing the I am honored to celebrate this important day of Sputnik in 1957, Apollo 11’s success sig- Safe Schools Improvement Act. My lead co- in Mexican history and to lend my support to nified the United States’ ability to establish sponsors Rep. MCCARTHY, Rep. ROS-LEHTINEN this resolution. preeminence in space. It also helped inspire a and I strongly believe this bill provides crucial f generation to pursue careers in science and support to our efforts to reduce the national INTRODUCTION OF LEGISLATION engineering, and to believe in the power of drop-out rate and make schools safer for all TO AWARD THE CONGRESSIONAL American society. Alone in that hotel room, students. GOLD MEDAL TO THE CREW OF watching TV, I certainly felt a lasting sense of An unsafe school environment interferes THE APOLLO 11 MISSION TO THE meaning, that connection to those three brave with students’ ability to learn. Children who are MOON astronauts. These astronauts represented in bullied miss more school, have lower self-es- that moment America’s destiny, a destiny teem, and are more likely to drop-out or com- HON. ALAN GRAYSON shared by the thousands of men and women mit suicide than those who are not. Nearly 40 who worked to make it happen. This includes OF FLORIDA percent of middle-school and high-school stu- IN THE HOUSE OF REPRESENTATIVES John Glenn, of course, another brave pioneer dents report that they do not feel safe at of human space exploration who had made school and one in 10 high school drop-outs re- Tuesday, May 5, 2009 their journey possible. port that frequent bullying was a major reason Mr. GRAYSON. Madam Speaker, it is with Madam Speaker, I thus think it is only fitting they dropped out. As we move to reauthorize great pride that I introduce legislation today to that in this fortieth anniversary year of the

VerDate Nov 24 2008 03:04 May 06, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K05MY8.004 E05MYPT1 jbell on PROD1PC69 with REMARKS E1062 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 2009 Apollo 11 mission, we grant these four brave Mayor Stover’s selfless public service has Had I been present, I would have voted Americans the recognition that only this Con- clearly shaped the city of Coppell and helped ‘‘yea’’ on rollcall vote No. 229 (Motion to Sus- gress can bestow—the Congressional Gold make it the thriving community it is today. pend the Rules and Agree to H. Res. 230), Medal. That is why I am introducing legislation Doug possesses a genuine passion for and ‘‘yea’’ on rollcall vote No. 230 (Motion to to that effect today. I’m pleased to be joined Coppell which characterized his many years of Suspend the Rules and Agree to H. Con. Res. in this initiative by the Chairman of the House service to the community. His first priority was 111). Science and Technology Committee, BART always for the betterment of the citizens of f GORDON; the Chairwoman of the Space and Coppell, which helped make him a popular Aeronautics Subcommittee, GABRIELLE GIF- and well-respected leader. On behalf of the CONGRATULATING DR. EDWARD G. FORDS; Committee Ranking Member RALPH 24th Congressional District of Texas, I con- BOEHM, JR., AND REGINA E. HALL; Subcommittee Ranking Member PETE gratulate Doug Stover for his remarkable serv- BOEHM, RECIPIENTS OF THE OLSON; and Florida Members SUZANNE ice as mayor and wish him the best of luck in 57TH ANNUAL AMERICANISM KOSMAS and BILL POSEY. I believe this rec- his future endeavors. AWARD FROM B’NAI B’RITH AMOS LODGE NO. 136, SCRANTON, ognition is long overdue, and I urge my col- f leagues to support this legislation so that it PENNSYLVANIA can be enacted into law. IN HONOR OF THE NAVY FEDERAL f CREDIT UNION GRAND OPENING HON. PAUL E. KANJORSKI AND DEDICATION CEREMONY OF OF PENNSYLVANIA IN HONOR AND APPRECIATION OF THE BRIAN L. MCDONNELL CEN- IN THE HOUSE OF REPRESENTATIVES MAYOR DOUG STOVER TER Tuesday, May 5, 2009 HON. KENNY MARCHANT HON. JEFF MILLER Mr. KANJORSKI. Madam Speaker, I rise OF TEXAS OF FLORIDA today to ask you and my esteemed colleagues IN THE HOUSE OF REPRESENTATIVES in the House of Representatives to pay tribute IN THE HOUSE OF REPRESENTATIVES Tuesday, May 05, 2009 to Dr. Edward G. Boehm, Jr., and his wife, Tuesday, May 5, 2009 Mr. MARCHANT. Madam Speaker, I rise Regina E. Boehm, of Lackawanna County, today to honor and express my appreciation Mr. MILLER of Florida. Madam Speaker, on Pennsylvania, who have been selected to re- for the service of an exemplary citizen, Mayor behalf of the United States Congress, it is an ceive the 57th annual Americanism Award Doug Stover of Coppell, Texas. Doug began honor for me to rise today in recognition of the from the B’nai B’rith Amos Lodge, No. 136, of his public service as an elected official in May, grand opening of the Navy Federal Credit Scranton Pennsylvania. 1998 as city councilmember of Coppell, fol- Union Brian L. McDonnell Center at the Herit- Dr. and Mrs. Boehm are worthy recipients of lowed by six years of service from 2003 to age Oaks campus in Pensacola, Florida. this prestigious award because each of them 2009 as the mayor of Coppell. During this Navy Federal was organized in 1933 with has worked for many years to contribute to the time, Doug’s passion and leadership guided only seven initial members. Since its founding, communities in which they have lived. the community as evidenced by the city’s fi- it has evolved into the world’s largest credit Dr. Boehm is president of Keystone College, nancial strength, economic development, union, employing over 7,000 employees, and LaPlume. He previously held positions at Mar- sound infrastructure, strong public safety consisting of 3.2 million members. Navy Fed- shall University, Huntington, West Virginia; record and first rate education system. eral serves as a vital resource for our military Texas Christian University, Fort Worth, Texas; Mayor Doug Stover is Equity Compensation and is found all over the world, providing ex- and American University, Washington, DC. Manager for Celanese Corporation. He holds cellent financial service for all of our service- Dr. and Mrs. Boehm are both active mem- a BBA in Finance from Texas Tech University. men and women. bers of the Scranton area community. Dr. In May of 1998, Coppell consisted of 29,850 In addition to the outstanding financial coun- Boehm’s leadership and accomplishments citizens and has grown to a community of seling and assistance Navy Federal provides, have been profiled in the University of Michi- 39,500. The adopted budget for the 1998– it is a leader in developing higher environ- gan’s CASE study entitled, ‘‘Keystone College: 1999 fiscal year was $35,182,905 and grew to mental standards. Driven by the objective to Renaissance and Transformation’’ and in the $81,057,966 in the 2008–2009 fiscal years. create a workplace focused on the employee, book, ‘‘Power Thinking: How the Way You Under his leadership, the City of Coppell Navy Federal pursued Leadership in Energy Think Can Change the Way You Lead.’’ added many facilities, physical improvements and Environmental Design (LEED) certification Regina Boehm holds a degree from the and infrastructure. These projects include a for its first building in Pensacola. This was the Pennsylvania State University and she studied Justice Center housing the Police and Munic- first commercial LEED building in Florida to re- at the University of Maryland and Texas Chris- ipal Courts, municipal service center, aquatic ceive the U.S. Green Building Council’s GOLD tian University. Her career included manage- & recreation center, animal shelter and adop- rating. The new Brian L. McDonnell Center ment, education, and nutrition. She is a grad- tion center, Town Center Plaza, Old Town de- was constructed with the same standards of uate of the Executive Series of both Leader- velopment, multiple park facilities, multiple excellence. ship Lackawanna and Leadership Wilkes- road improvements, with a new senior and As Navy Federal expands numerically and Barre. community center and municipal cemetery evolves environmentally, it continues to esca- She is a recipient of the Junior League of now being constructed, all developed to meet late the level of quality it provides. The First Scranton Roseann Smith Alperin Award, the the needs of a growing population. District of Florida is very fortunate to house a Northeastern Pennsylvania Council Boy A major focus on economic development corporation that values the interest of its cli- Scouts of America ‘‘Salute to Northeastern was also led by the mayor. This resulted in ents and their community above all else. Pennsylvania Women’’ award and she was many commercial and industrial developments Madam Speaker, on behalf of the United also honored by the Scranton Times Tribune bringing new revenue to the city that has en- States Congress, I am proud to recognize this newspaper. abled the community to enjoy many quality of grand opening and dedication ceremony and Mrs. Boehm has been active on the North- life improvements without the need for addi- look forward to the progress it will undoubtedly eastern Pennsylvania Philharmonic Board, tional tax rate increases. create. past president of the Philharmonic League of Public safety was also a high priority under f Northeastern Pennsylvania, the Boys and Girls the mayor’s leadership. Red light cameras Club of Scranton, Wyoming County United were installed, 25-mph zones were imple- PERSONAL EXPLANATION Way, the Northeast Theater, the Garden Ex- mented on residential streets, and a Citizen’s change, ACT 101 Advisory Board, the Police Academy was established in his push HON. J. GRESHAM BARRETT Spouses Task Force of the Council of Inde- to increase public safety. OF SOUTH CAROLINA pendent Colleges and she is currently on the Funding for CISD schools was addressed IN THE HOUSE OF REPRESENTATIVES board of the Scranton Community Concerts. through the 379A Sales Tax which generated She also served as chairperson of the Wa- sales taxes for the community’s education Tuesday, May 5, 2009 verly Antiques Show and the Philharmonic issues. The Infrastructure Maintenance Fund Mr. BARRETT of South Carolina. Madam League’s Antiques Show and Sale. was created by a sales tax election for 1/4- Speaker, unfortunately I missed recorded Dr. and Mrs. Boehm also served as co- cent being directed for the crime district and 1/ votes on the House floor on Monday, May 4, chairs of the 2003–2004 United Way cam- 4-cent for streets. 2009. paign for Lackawanna County.

VerDate Nov 24 2008 03:04 May 06, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MY8.013 E05MYPT1 jbell on PROD1PC69 with REMARKS May 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1063 Madam Speaker, please join me in con- CONGRATULATING PHIL KEOGHAN SUPPORTING THE OBSERVANCE OF gratulating Dr. and Mrs. Boehm on the occa- ON HIS AMAZING RIDE ACROSS NATIONAL CHILD ABUSE PRE- sion of this well-deserved honor. Their com- AMERICA TO RAISE AWARENESS VENTION MONTH mitment to their community is an example and OF MS SPEECH OF an inspiration to others and has greatly improved the quality of life in northeastern Penn- HON. RUSS CARNAHAN HON. BETTY McCOLLUM sylvania. OF MISSOURI OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES f Tuesday, May 5, 2009 Monday, April 27, 2009 Mr. CARNAHAN. Madam Speaker, yester- Ms. MCCOLLUM. Madam Speaker, I rise HONORING GERALDINE FERRARO day I had the pleasure to meet Phil Keoghan today in strong support of H. Res. 337, a reso- host of CBS’s Amazing Race as he stopped in lution to recognize April as National Child Washington, DC, on his way from Los Angeles Abuse Prevention Month. HON. JOSEPH CROWLEY to New York. His journey across America by Every year, thousands of children across OF NEW YORK bike is designed to raise awareness of mul- the country become victims of child abuse. tiple sclerosis—a disease I feel strongly about More than 5.8 million children in the United IN THE HOUSE OF REPRESENTATIVES educating people and promoting research for States were reported to be abused or ne- Tuesday, May 5, 2009 treatment and cures. glected in 2007, and many more cases go un- MS is a disease that can stop people from reported. Mr. CROWLEY. Madam Speaker, I rise moving—something many of us take for grant- All children deserve to be raised in a safe today to pay tribute to a former Member of ed each day. Too little is known about MS, too and nurturing environment. It is a tragedy Congress, a long time advocate of women’s few treatments exist and too many people when children are victimized by abuse, ne- rights, the first female Vice Presidential can- struggle to access the treatments they are glect, alcohol and drug abuse, or domestic vi- didate, and a great friend and American—the prescribed. During his journey across the olence. As a former board member of Min- Honorable Geraldine Anne Ferraro. United States Phil has climbed many hills and nesota Crisis Nurseries, I fully recognize the faced downpours of rain, all designed to sup- importance of strengthening child abuse pre- In the rotunda of the Capitol sit the busts of port the National Multiple Sclerosis Society. vention programs in Minnesota and throughout Elizabeth Cady Stanton, Susan B. Anthony, As co-chair of the Congressional MS Cau- the United States. Early prevention ap- and Lucretia Mott. They are so prominently cus I have had the privilege of meeting many proaches that utilize family support networks displayed to pay tribute to their hard fight to inspirational people like Phil Keoghan who are are critical to stopping child abuse before it establish equal rights for women. And, I know working on behalf of people living with MS. starts. they would agree that Geraldine Ferraro was The awareness he and others have brought to H. Res. 337 calls for increased public exactly the kind of woman they were fighting multiple sclerosis and cycling as a healthy ac- awareness of the maltreatment of children. for. tivity is invaluable. I am pleased of the work This resolution also recognizes the many na- Geraldine proudly followed in the footsteps the MS Caucus has been able to do in just a tional and community organizations that proof these great women—continuing the fight to short amount of time, but there is certainly still mote awareness of child abuse and share ensure the rights of women and breaking more to be done. strategies for prevention. It further urges fami- down barriers and stereotypes along the way. As we in Congress debate health care relies and individuals to report abuse or to get form it is important to keep in mind that the help by calling the National Child Abuse Hot- Prior to running for election to the House of current system is broken for millions of Ameri- line at 1–800–4–A–Child. Representatives, Geraldine Ferraro worked as cans, specifically over 45 million Americans I will continue working to strengthen child a teacher and then attorney in the Queens without coverage, and it must be fixed now. abuse prevention programs in Minnesota and New York District Attorney’s office, where she Everyone is deserving of the right to afford- throughout the United States. Keeping children started the Special Victims Bureau. At a time able and accessible health care—something and families safe must be a priority if we are when women prosecutors in the city were un- Phil has championed. to ensure the well being of our Nation’s fu- common, Geraldine Ferraro was already We have a lot of work ahead of us but we ture—its children. breaking the proverbial glass ceiling. have great momentum. Inspirational activists I urge my colleagues to join me in voting for like Phil Keoghan will help make sure that we this bill. In 1978, Ambassador Ferraro ran for elec- do something about MS now. I congratulate f tion to the House of Representatives for New Phil for undertaking this worthwhile challenge CONGRATULATING JOHN EDD York’s 9th Congressional District in Queens, and wish him luck in his final days in his trip THOMPSON ON THE OCCASION OF and won. Despite being a new Member of across the U.S. Congress, she made quite an impression on HIS RETIREMENT FROM WALA– f her colleagues, and quickly ascended to be- TV ‘‘FOX10’’ come the Secretary of the House Democratic PERSONAL EXPLANATION Caucus from 1981 to 1985. During her years HON. JO BONNER in Congress, she focused much of her legisla- HON. BILL PASCRELL, JR. OF ALABAMA tive attention on equity for women in the areas OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES of wages, pensions, and retirement plans. The IN THE HOUSE OF REPRESENTATIVES Tuesday, May 5, 2009 recent passage of the Lilly Ledbetter Fair Pay Tuesday, May 5, 2009 Mr. BONNER. Madam Speaker, it is with Act and the Paycheck Fairness Act are hom- Mr. PASCRELL. Madam. Speaker, May 4th, both pride and pleasure that I rise today to age to her tireless work on behalf of women. I remained in my district due to the death of honor the career of Mobile’s beloved television Her leadership, charisma, and dedication my Aunt Julia Taglibue Mondawho recently weather anchor, John Edd Thompson. were evident to Presidential nominee, Walter passed away at the age of 96, and I therefore A native of Mobile, John Edd is perhaps the Mondale, who selected Geraldine Ferraro to missed the two rollcall votes of the day. most recognized name and face in television be his Vice-Presidential candidate on July 12, Had I been present I would have voted weather along the Gulf Coast. He has been a 1984. She is the first women ever to be nomi- ‘‘yea’’ on rollcall vote No. 229, On Motion to fixture on Mobile’s WALA–TV ‘‘Fox10’’ for over nated as vice-presidential candidate by any Suspend the Rules and Agree, as Amended— three decades and, during this time, he has major party. H. Con. Res. 93—Recognizing the historical been the trusted source of information for significance of the Mexican holiday of Cinco every major storm. John Edd has tracked and Following the path of women who came be- de Mayo. reported on Hurricanes Frederic, Elena, An- fore her, Geraldine Ferraro has helped pave Lastly, had I been present I would have drew, Opal, Erin, Danny, Georges, Ivan, and the way for our daughters to achieve anything voted ‘‘yea’’ on rollcall vote No. 230, On Mo- Katrina. they set their minds to. As the current Rep- tion to Suspend the Rules and Agree, as Since Mobile’s Press-Register introduced its resentative of her former district, I am proud to Amended—H Res. 230—Recognizing the 61st Readers’ Choice Awards in 2002, John Edd call Geraldine Ferraro a leader, a mentor, and anniversary of the Independence of the State has always placed first in the final results. He most importantly a friend. of Israel. was named ‘‘Readers’ Choice Local TV

VerDate Nov 24 2008 03:04 May 06, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MY8.016 E05MYPT1 jbell on PROD1PC69 with REMARKS E1064 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 2009 Weather Reporter’’ in the 2002, 2003, 2004, They have training in life skills that will pre- his invaluable contributions to the Western 2005, and 2006 competitions, and the Mobile pare them to live independently, be self-suffi- North Carolina educational community and to Press Club has named him the ‘‘Best Weather cient and contribute to their community; wish him well in his retirement. Anchor’’ several times. They have employment opportunities with f In recognition of his remarkable accomplish- protections from unfair labor practices; ments, The Press Club of Mobile awarded They have freedom from mistreatment, RECOGNIZING NATIONAL TEACHER John Edd its 2005 John Harris Achievement abuse and neglect; APPRECIATION WEEK Award, an award presented to a member of They have a voice in matters that affect the news media ‘‘who has made a consistently them; HON. EDDIE BERNICE JOHNSON excellent contribution over a period of time.’’ They have a sense of hope for their future.’’ OF TEXAS The Mobile County Commission recently de- Madam Speaker, in our democratic system IN THE HOUSE OF REPRESENTATIVES of government, we are taught to believe that clared 2009 as ‘‘The Year of John Edd.’’ Tuesday, May 5, 2009 A prolific songwriter, John Edd is one of the all voices are heard equally. But most 12-year- founding members of the Mobile Songwriters. olds don’t have a lobbyist and few tables in Ms. EDDIE BERNICE JOHNSON of Texas. He is a member of the Nashville Songwriters the halls of power make room for families. Madam Speaker, I rise today to honor our Na- Association International and a member of the That is why the work of the Peninsula Partner- tion’s teachers during National Teacher Appre- board of the Frank Brown Songwriters Fes- ship Leadership Council and the San Mateo ciation Week, which is being held this year tival. John Edd also wrote the fight song for County Youth Commission and the principles May 3rd–9th. This is a time to express our thanks and ad- the University of South Alabama. laid out in the Bill of Rights for Children and Madam Speaker, I ask my colleagues to join Youth are so vitally important. miration for the more than 3 million teachers in the United States. I encourage everyone to me in recognizing a dedicated community f leader and friend to many throughout Ala- express their appreciation for those teachers HONORING THE SERVICE OF MR. who have touched their lives or the lives of bama. On behalf of all those who have bene- CLIFF DODSON, SUPER- fited from his good heart and generous spirit, their children. INTENDENT OF SCHOOLS IN BUN- Teachers are heroes in our communities, permit me to extend thanks for his many ef- COMBE COUNTY, NORTH CARO- shaping the next generation of great minds. forts in making Mobile and south Alabama a LINA No great leader, scientist, or artist would be better place. John Edd Thompson is an out- where they are today without the influence of standing example of the quality of individuals caring and dedicated teachers. who have devoted their lives to the field of HON. HEATH SHULER Thurgood Marshall once said, ‘‘None of us broadcast journalism. OF NORTH CAROLINA got where we are solely by pulling ourselves On behalf of a grateful community, I wish IN THE HOUSE OF REPRESENTATIVES up by our bootstraps. We got here because him the best of luck in all his future endeav- Tuesday, May 5, 2009 somebody—a parent, a teacher, an Ivy ors. Mr. SHULER. Madam Speaker, I rise today League crony or a few nuns—bent down and f to honor Mr. Cliff Dodson on his impending re- helped us pick up our boots.’’ IN SUPPORT OF THE BILL OF tirement. There is perhaps no other occupation that RIGHTS FOR CHILDREN AND For the past nine years, Mr. Dodson has influences the fabric of our society more than YOUTH OF SAN MATEO COUNTY served our community as the Superintendent teachers, and we are fortunate to have this of Buncombe County Schools. As Super- week dedicated to recognizing their contribu- HON. JACKIE SPEIER intendent, Mr. Dodson has demonstrated his tions. dedication to quality education and has ar- I am particularly proud of our teachers from OF CALIFORNIA dently worked to improve educational opportu- IN THE HOUSE OF REPRESENTATIVES my home State of Texas—serving as nities for all children. Through his dedication motivators and mentors for our future leaders. Tuesday, May 05, 2009 and commitment to education, Mr. Dodson I remain dedicated to working in Congress to Ms. SPEIER. Madam Speaker, today I rise has helped shape the future of Western North ensure that Texas teachers and all teachers to applaud the Peninsula Partnership Leader- Carolina. have the resources necessary to successfully ship Council and the San Mateo County Youth He began his service to education thirty- prepare our Nation’s youth for a successful fu- Commission for their inspired work in creating eight years ago as a science and physical ture. education teacher. He has continued to work the Bill of Rights for Children and Youth of f San Mateo County. I especially want to thank tirelessly on behalf of children in various roles Youth Commissioner James B. Pollack for his as an educator, as an Assistant Principal, as INTRODUCTION OF ‘‘THE ENERGY articulate and passionate presentation of the a Principal, and for the past twenty-three INDEPENDENCE NOW ACT OF 2009’’ Bill of Rights when the groups visited with me years as a public school Superintendent. last month. Mr. Dodson proven himself an accomplished HON. DAN BURTON This ground-breaking document was born public servant by successfully overseeing the OF INDIANA from the shared belief that all young people— educational direction of over 25,000 students IN THE HOUSE OF REPRESENTATIVES and effectively administering a budget of al- regardless of race, gender, disability, eco- Tuesday, May 5, 2009 nomic status or other identifying char- most a quarter of a million dollars. Due to his acteristic—should be allowed to grow and outstanding efforts he has been recognized by Mr. BURTON of Indiana. Madam Speaker, I blossom to their fullest potential, experiencing the North Carolina Association of Educators rise today to introduce a bill titled, ‘‘The En- the joy, wonder and happiness that so many as Superintendent of the Year. ergy Independence Now Act of 2009.’’ Few things affect American consumers like of us remember from our own childhoods. I deeply appreciate that under his direction The Bill of Rights reads: during these difficult economic times, Bun- high energy prices. During the summer of ‘‘We resolve to invest in all children and combe County has ensured that 12,000 stu- 2008 with the price of oil hovering near $150 youth so that: dents can receive free or reduced-price hot a barrel, Americans faced record prices at the They have a healthy mind, body and spirit cafeteria meals. He has certainly set an admi- gas pump—in many cases well over $4.00 per that enable them to maximize their potential; rable example for future public servants who gallon. These high prices contributed to a They develop a healthy attachment to a par- follow in his path. downturn in economic growth, an increase in ent, guardian or caregiver and an ongoing re- Mr. Dodson has also served on the Board of inflation and forced many American families to lationship with a caring and supportive adult; Directors for numerous education-based orga- make difficult financial choices. According to Their essential needs are met—nutritious nizations including the United Way, Children the latest figures from the Energy Information food, shelter, clothing, healthcare and acces- First, and the North Carolina School Adminis- Administration, gasoline prices are down to sible transportation; trators Association. In addition to his service in around $2 per gallon and the price of oil is They have a safe and healthy environment, the field of education, as an honored veteran, close to $50 per barrel. Though the price of including homes, schools, neighborhoods and Mr. Dodson earned the Vietnamese Cross of gasoline has decreased significantly, many are communities; Gallantry for his service as a United States still concerned that it will rise again and quite They have access to a 21st century edu- Marine. possibly because of the disproportionate cation that promotes success in life, in future Madam Speaker, I am proud to honor Mr. amount of oil that we import from regimes that careers and a love of life-long learning; Cliff Dodson today and I want to thank him for are unfriendly to us.

VerDate Nov 24 2008 03:04 May 06, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K05MY8.006 E05MYPT1 jbell on PROD1PC69 with REMARKS May 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1065 The old adage goes that those who do not single largest deposit of oil in the entire United RECOGNIZING THE SIGNIFICANCE learn from history are doomed to repeat it. States. Its 10.4 billion barrels of oil is more OF CINCO DE MAYO Apart from creating the Strategic Petroleum than double the proven reserves of the entire SPEECH OF Reserves after the oil embargoes of the State of Texas and almost half of the total 1970s, the United States did painfully little to proven reserves in the U.S., 22 billion barrels. HON. MICHAEL M. HONDA make sure that oil could never again be used Had President Clinton not vetoed ANWR en- OF CALIFORNIA as a weapon against us. If anything, we put ergy production in 1995, the United States IN THE HOUSE OF REPRESENTATIVES ourselves further under the thumb of foreign Monday, May 4, 2009 oil. In 1972, we imported approximately 28 could be getting nearly 1.5 million barrels of oil percent of the oil we consume from foreign per day from the arctic right now. Mr. HONDA. Mr. Speaker, I rise today to countries; today the United States imports 62 In addition, the U.S. has been called the celebrate Cinco de Mayo, a day that rep- percent of its oil from other nations. While half Saudi Arabia of oil shale. It has been esti- resents freedom, liberty and determination for the people of Mexico and Mexican Americans. of that amount comes from our friends in Mex- mated that oil shale deposits in Colorado, ico and Canada, the other half of our imported H. Res. 230, a resolution introduced by my Utah, and Wyoming hold the equivalent of as friend Congressman JOE BACA, recognizes the oil travels from unstable, undemocratic or un- little as 1.8 trillion barrels of oil and potentially friendly regimes. That means that every time historical significance of the Mexican holiday as much as 8 trillion barrels of oil. In compari- I fill up my gas tank—whether the price is $2 of Cinco de Mayo, a day on which we cele- son, Saudi Arabia reportedly holds proved re- a gallon or $4 a gallon—at least half of my brate the Mexican army’s unlikely victory over money goes into the economies of Saudi Ara- serves of 267 billion barrels. Unfortunately, oil- French forces at the Battle of Puebla on May bia, Venezuela, Nigeria, and Angola. And shale is rough equivalent to diesel fuel and a 5, 1862. While the Mexicans were out- while the tactics of oil manipulation may number of Clean Air Act regulations—such as numbered, they defeated a well-equipped change—price spikes versus an outright em- low-sulfur diesel—and federal motor fuel French Army that had been undefeated for al- bargo—the results are eerily the same. taxes—which favor gasoline over diesel most 50 years. The holiday of Cinco de Mayo That is why I am introducing this bill, to con- fuels—have created a strong financial dis- is mainly a regional celebration in Mexico, tinue to move our country forward on the path incentive regarding the production and use of while for Mexican Americans it represents heritage and pride. toward breaking America’s dependence on for- oil-shale fuels. Many of these deposits are on eign sources of oil while at the same time in- Hispanics are the fastest growing minority public land making it more bureaucratically community in our Nation. In 2007, the His- vesting in a renewable energy future. My col- complicated to exploit this resource. My bill leagues on the other side of the aisle are look- panic population in the United States reached would provide a financial incentive for compa- ing to pass a costly cap-and-trade program over 45 million, 13.2 million of whom live in nies to invest in and produce more oil from oil that will only serve to increase the price of en- California, and it continues to rise. Hispanics ergy for the American consumer and dev- shale. now own a record number of small busi- astate energy companies in my home State of Getting more domestic oil on the market is nesses, creating millions of jobs across our Indiana. Now is not the time to burden families only half the solution. We haven’t built a new country. This Cinco de Mayo, let us thank the mem- with higher energy costs, when many of them refinery in this country in more than 25 years bers of our Latino community for their impor- are already struggling to find and keep jobs, because the approval process for new refinery tant contributions to American culture and so- pay for college and provide for their families. construction is estimated to require up to 800 I believe that in the long-run we need to get ciety. Please join me in celebrating Cinco de different permits. While existing refineries have off oil and that requires more investment in al- Mayo and appreciating the values, traditions, undergone significant expansion over the ternative energy and energy conservation and contributions of Mexican Americans. technologies. My bill addressed this through years, even as others have been shuttered, f our aging refinery infrastructure leaves little provisions that would increase alternative en- IN COMMEMORATION OF CINCO DE ergy sources and diversify the energy grid with margin for error. If we begin to produce more MAYO currently available alternative energy tech- domestic crude oil we would need to turn it nologies. As a nation, we waste far too much into home heating oil, gasoline, or diesel HON. AL GREEN energy with inefficient engines and machines. through the refining process. The ability to re- OF TEXAS That is why my bill would provide tax incen- fine oil must keep pace with the demand for IN THE HOUSE OF REPRESENTATIVES tives for companies to produce fuel efficient gasoline and diesel. My bill would create an Tuesday, May 5, 2009 vehicles. In fact, it provides a $500 tax credit expedited process for the construction of new for individuals who purchase hybrid cars made refining capacity by streamlining the permitting Mr. AL GREEN of Texas. Madam Speaker, I would like to commemorate Cinco de Mayo, by American-based companies. process and opening up closed military bases However, while we are discovering new, or the Fifth of May, in honor of the historic day for construction. clean and cost-effective ways to increase the that Mexico defeated France at the Battle of American energy supply, we must recognize Clearly, developing new oil fields and refin- Puebla in 1862. Cinco de Mayo is a national that oil will remain a part of our energy mix for eries will take some time. In the interim my bill holiday that symbolizes courage, honor, lib- some time. The good news about this is that also helped promote the production of non- erty, unity and the struggle for freedom for mil- we have plenty of it. The Department of the food sources for biofuels. It also opens up lions of Mexicans and Mexican-Americans. Interior, DOI, conducted a comprehensive in- Federal land for the production of biofuel Cinco de Mayo has a deep history that all ventory of oil and natural gas resources lo- crops in order to provide relief from high food Americans should recognize and remember. cated off our coastlines within the last several prices that have resulted from ethanol produc- Shortly after Mexico gained independence years, and according to the Department’s fig- tion. from Spain in 1810, internal political takeovers ures there is an estimated 8.5 billion barrels of and wars destroyed the Mexican economy known oil reserves and 29.3 trillion cubic feet, Madam Speaker, I believe in conservation, I causing Mexico to borrow money from France tcf, of known natural gas reserves along our believe in energy efficiency, and I believe in and other creditors. Mexico was unable to pay coastlines; with 82 percent of the oil and 95 diversifying our energy supply by using wind, back the debt they owned to France; thus, the percent of the gas located in the Gulf of Mex- solar, coal-to-liquid technologies, ethanol and French invaded Mexico in an attempt to force ico, GOM. However, even more importantly, other renewable energy sources. But the fact repayment. The Mexican troops were out- the Department of the Interior estimates that of the matter is that oil and natural gas are still numbered by the French—the French army there are untapped resources of about 86 bil- going to be a part of our energy mix for a long had 6,500 soldiers while the Mexican army lion barrels, 51 percent in the Gulf of Mexico, time to come and we must be able to access only had 4,500 soldiers. The odds were and 420 trillion cubic feet of natural gas, 55 our own resources rather than becoming more stacked against the Mexican soldiers: they percent in the Gulf of Mexico, out there. My dependent on unstable parts of the world. were outnumbered, untrained and ill-equipped, bill would open up these areas to access fighting against an army deemed as one of the these resources. Domestic production of these I would like to urge my colleagues to join best trained and equipped in the world. The resources would provide much-needed real me in co-sponsoring this important legislation French soldiers were confident that their at- energy jobs without any cost to the taxpayer. to help America get on the road towards en- tacks against Mexico would leave the strug- In addition, my bill opens up the Arctic Na- ergy independence and to create real jobs at gling nation on its knees, bowing to a Euro- tional Wildlife Refuge, ANWR, which holds the no cost to the taxpayer. pean crown once again. Much to their dismay,

VerDate Nov 24 2008 03:04 May 06, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MY8.023 E05MYPT1 jbell on PROD1PC69 with REMARKS E1066 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 2009 at the Battle of Puebla, the Mexican soldiers This day holds special meaning for me as it Korea are as strong today as they have ever fought bravely and died with dignity for their does for millions of other Mexican Americans been. countrymen’s freedom. Each Mexican soldier and it provides a wonderful opportunity to re- Even so, I believe we should always look for fought valiantly with one common goal. In the flect on the innumerable contributions that opportunities to strengthen our alliance and end, it was the French army that surrendered generations of Mexican Americans have made friendship and one of the key areas of oppor- on Mexican soil. to our national life. tunity is passage of the U.S.-Korea Free In addition to its historical significance in On Cinco de Mayo, we celebrate the valor Trade Agreement. Mexico, Cinco de Mayo is significant to all of a small contingent of Mexican patriots who During my stay, I had the privilege of meet- Americans because it marks the last time that prevailed against a much larger French army ing with Foreign Minister Myung-Hwan Yu, Na- any foreign power threatened to conquer in the Battle of Puebla. Just as in our own tional Security Advisor Sung-Hwan Kim, Chair- North American soil. fight for independence, they triumphed despite man Jin Park of the Korean National Assem- Cinco de Mayo is also a celebration of the overwhelming odds. Indeed, like Lexington bly Foreign Affairs Committee, our U.S. Em- rich cultural heritage people of Spanish and and Concord, Puebla marks a significant vic- bassy senior officials and the American Cham- Latin American descent have shared with the tory in the struggle for liberty in the New ber of Commerce in Korea. In practically every United States. They have shared their music, World. meeting, the U.S.-Korea Free Trade Agree- art, language and traditions and these ele- Today Cinco de Mayo has evolved into a ment was high on the agenda. No agreement ments are sewn into the colorful fabric of day to celebrate our Mexican American culture or treaty is ever perfect, as it is always a prod- ‘‘American’’ culture. and the immeasurable ways in which Mexican uct of compromise. And I agree that Congress I ask my colleagues and all Americans to Americans have shaped this country. Through has a legitimate right to debate the merits of join me in commemorating Cinco de Mayo—a music, literature and cuisine, we have en- the agreement; so let’s have that debate; let’s day that reflects the core principles that Amer- riched the American melting pot. Through an take this agreement out of legislative limbo, ica was founded upon. entrepreneurial spirit, Mexican American small bring it to the House Floor, have an honest up f businesses are playing a critical role in our or down vote, and let the chips fall where they economic recovery. Our men and women on may, Madam Speaker. I think we owe our THOSE MEMORIES SHOULD NOT BE the battlefield are helping to secure lasting South Korean friends that much respect be- peace in Iraq and Afghanistan. As CEOs, reli- cause there’s more at stake here than just HON. DENNIS J. KUCINICH gious leaders, cabinet secretaries and Mem- economic growth; this Free Trade Agreement OF OHIO bers of Congress, we are providing leadership recognizes our special relationship with South IN THE HOUSE OF REPRESENTATIVES in the face of unprecedented challenges both Korea and reinforces the message that the Tuesday, May 5, 2009 at home and abroad. United States stands squarely behind our Finally, Mexico is among our most important friends and allies. Mr. KUCINICH. Madam Speaker, I would allies and this day offers us the chance to re- Madam Speaker, I would like to ask unani- like to submit the following poem by Mary-Ann affirm that friendship. As our neighbors to the mous consent to place in the CONGRESSIONAL S. Stanky of Cleveland, Ohio: south fight drug cartels and the H1N1 flu virus, RECORD a copy of the remarks I delivered at THOSE MEMORIES SHOULD NOT BE we should pause to consider what more we Dongguk University, entitled: ‘‘The Korea-U.S. Hurrah! Hurrah! Hurrah! can do to aid the Mexican people. Just as Alliance Partnership.’’ And I would also ask all Said the new enlistee they did on Cinco de Mayo 1862, they are of my colleagues to join me in recognizing the A new defender of democracy waging a courageous battle against forces that Salute, stand tall, and be proud. historic significance of the U.S.-Korea alliance Hurrah! Hurrah! Hurrah! seek to undermine their democratic society and its growing importance in the years to and just as on that famous date, I am con- In line with his comrades come. Wearing alike uniforms fident that Mexico will emerge a stronger and President Young-Kyo Oh, distinguished Issued a gun to defend democracy. more prosperous nation. members of the faculty, and students of We are ready! f Dongguk University, ladies and gentlemen Hurrah! Hurrah! Hurrah! and friends: Thank you for your kind intro- IN GRATITUDE TO THE REPUBLIC duction. It is a great pleasure to be here Turning a corner. . . . today in the heart of Korea’s ancient capital Rapid bursts of gunfire, from where? OF KOREA AND DONGGUK UNI- city. We are surrounded by history, culture Shouts from everywhere VERSITY and the memories and friendship that our Roof tops, windows noise all-around nations have made together through battles Heads swirling left to right, up and down. HON. DAN BURTON and treaties, commerce and trade. Quiet . . . an eerie quiet finally descends OF INDIANA When I think about this partnership, one Labored breathing IN THE HOUSE OF REPRESENTATIVES particular Korean-American friend comes to Eyes burning red, mouths dry, mind. His name is Johnny Yune. When John- Ears ringing from uncommon sounds Tuesday, May 5, 2009 ny was eleven years old, his family’s home Minds fighting to stay in control. Mr. BURTON of Indiana. Madam Speaker, I town was bombed by communist forces. As Streaks of red trickle down, blood? rise tonight to express my appreciation and they attempted to flee, a particular blast Look again, no! thanks to the faculty of Dongguk University for knocked Johnny off his feet and sent him Look again, yes! the Honorary Doctorate in Political Science tumbling to a ditch where he was left to die. Blood spills from open wounds An American soldier named Private Brown they bestowed upon me during my recent visit medic! found Johnny, rescued him from the ditch There! go there! hurry! to South Korea. I wish to also recognize my and saved his life that day. friends in Korea and at Dongguk University Pick-up the gun In the weeks and months that followed, the Defender of democracy who help make the conferral of this Honorary Yune family got to know this Private Brown Doctorate possible. These individuals include: very well. Johnny remembers how he used to My friend has gone home to a come over to his home, unshaven, with a gui- Flag flying half-mast. President Young-Kyo Oh and President Dong- tar on his back and a truck full of rationed —Mary-Ann S. Stanky Jin Sohn of Dongguk University, Governor Kwan-Yong Kim of Gyeongsangbuk-do Prov- food. Private Brown would sing and teach f them American songs like ‘‘Oh Susanna’’ and ince, Mayor Sang-Seung Baek of Gyeongju give them candy. Johnny is alive today be- RECOGNIZING THE SIGNIFICANCE City, former Korean Ambassador to the U.S. cause of that American soldier; and, al- OF CINCO DE MAYO Tae-Sik Lee and Mrs. Lee, Mr. and Mrs. Il- though he never saw the Private once his Hwan Cho and Mr. and Mrs. Dong-Suk Kim of unit had moved on, Johnny never forgot his SPEECH OF the Korean American Voter’s Council in New kindness. In his career as a television and York. movie star, he often speaks of the war hero. HON. LUCILLE ROYBAL-ALLARD The virtues of the personal relationship be- OF CALIFORNIA I have always believed that the Republic of Korea is one of America’s most committed tween Private Brown and Johnny are not IN THE HOUSE OF REPRESENTATIVES limited to this experience. In a greater sense, friends and allies, and the warmth and hospi- Monday, May 4, 2009 The United States and Korea also share a tality extended to me and my wife during our very special relationship. Ms. ROYBAL-ALLARD. Mr. Speaker, I rise stay in April reinforced my belief that the The United States and the Republic of today in strong support of H. Res. 230, a bill bonds that bind the people of the United Korea first became partners more than 125 recognizing the significance of Cinco de Mayo. States together with the people of South years ago, when we signed a treaty of amity

VerDate Nov 24 2008 03:04 May 06, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MY8.025 E05MYPT1 jbell on PROD1PC69 with REMARKS May 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1067 and commerce in 1882. This partnership was joined the program at long last. It was a years. Governments are doing what they forged on the battlefield during the Korean major accomplishment for our bi-lateral alli- have done for centuries in the face of eco- War. The South Koreans fought bravely to ance. nomic contraction: they look inward. This stay free from the chains of tyranny and A second great achievement was the up- is, in my opinion, a mistake, and it is a mis- communism and have remained a beacon of grading of Korea’s Foreign Military Sales take borne out by the lessons of history. light and democracy ever since. For more (FMS) status to NATO+3. As I have already The benefits of a U.S.-Korean Free Trade than half a century, we have been diplo- noted, Korea and the United States have a Agreement are manifestly clear. This agree- matic, political, economic, and cultural close and integral military alliance. But for ment, once it is ratified, will constitute the partners and great friends. years, Korea was treated in an unfair fashion largest and most commercially significant In the early years, the United States by U.S. laws related to the sales of military Free Trade Agreement the United States has reached out a hand to South Korea, assisting equipment. So the U.S. House of Representa- negotiated in 15 years. as the nation transformed itself from a war- tives and U.S. Senate sought to correct this The numbers are truly impressive. Korea is torn ‘‘basket’’ economy into what it is now: problem by raising Korea’s Foreign Military the 13th largest economy in the world with a a full-blown democracy with the world’s 13th Sales status to something known as NATO- GDP of nearly one Trillion U.S. dollars and largest economy. South Korea is now an in- plus-3. This status elevation was long over- a per capita income of over $20,000. It is the dispensable partner in promoting democracy due and absolutely necessary to reverse the United States’ 7th largest trading partner and extolling the benefits of free market unfair exclusion. and our 5th largest market for U.S. agricul- economies. Today, South Korea is the United In doing this, we acted on our firm belief tural export products. Trade between our States’ seventh largest export market and that the Republic of Korea has been one of two nations is nearly $80 Billion and includes the fifth largest market for U.S. agricultural our most important and staunchest allies in important goods like computer chips, indus- products. the Asia-Pacific region. Our mutual alliance trial machinery, organic chemicals, agricul- South Korea is committed to the freedom is dynamic and comprehensive, encom- tural produce, civilian aircraft and, of of its people, even when threats grow daily, passing political, economic, military, secu- course, beef. A Free Trade Agreement would and especially in light of the North’s recent rity, cultural, and social spheres. By the end bolster U.S. exports to Korea, open duty-free missile launch. The nation is a key partner of last year, Congress had approved the up- access for Korean goods in the U.S. market, in the Six-Party Talks to resolve North Ko- grade in status for Korea and it now stands and stimulate job growth in both of our rea’s nuclear issue, despite the constant fear at NATO+4. I am convinced that both of our countries. of war that clouds the peninsula. South countries will benefit from the greater part- A Free Trade Agreement would also ben- Korea is an important military ally with nership that this status upgrade brings. efit the great State of Indiana, which I over 29,000 U.S. troops stationed in the coun- Finally, we were able to see the passage of proudly represent in Congress. Korea is Indi- try and plays a vital part in securing peace a resolution bringing world attention to the ana’s 10th largest export market, and Indi- and stability in the region. The United plight of the ‘‘Comfort Women’’ who suffered ana exports $303 Million in goods to Korea States is committed to the strengthening at the hands of the Imperial Japanese Army annually. Not only that, but almost 10,000 and survival of freedom on the Korean Pe- during the Second World War. In 2007, the Korean-Americans reside in the State of In- ninsula. House of Representatives at long last passed diana and more than 2,000 Korean students South Korea has also reached out a hand to House Resolution 121, which I co-sponsored study at Indiana’s prestigious academic in- the United States in times when we have and which received bipartisan support and stitutions. been threatened. It is one of only three na- worldwide attention in the news media. This new partnership between the United tions which stood alongside the U.S. in all In fact, Congress took the lead in raising States and South Korea is sure to be a win- four major conflicts that the U.S. has faced the issue of the ‘‘comfort women.’’ We in- win for both of our countries. I pledge that I since the Korean War. The nation has been a vited survivors from Korea to tell their sto- am committed to working closely with the strong ally in the U.S.-led War on Terror, ries in front of television cameras on the U.S. and Korean negotiators as FTA talks having committed troops to Iraq, Afghani- record. After the United States Congress proceed, so that we can ensure the best op- stan and Lebanon. Korea is a true friend of acted on this critical human rights issue, portunities for Americans and Koreans alike. the United States. We are committed to- other legislative bodies around the world Unfortunately, the political mood in the gether to defending freedom and liberty took notice and acted themselves. Thus, the United States right now is not conducive to throughout the world. plight of Korea’s comfort women became an the ratification of the U.S.-Korea Free Trade Over the past several years, the relation- issue of international concern that, we hope, Agreement, or any other such trade agree- ship between the United States and Korea will serve as a reminder to future genera- ment. I can assure you, however, that my has grown even stronger. As a Member of tions that such horrific violence shall never colleagues and I who believe strongly in the Congress and, especially, a Co-Chair of the occur again. principle of free trade and specifically in the Congressional Caucus on Korea, I have been While some cynics dismissed the resolution importance of the Korea-U.S. Free Trade able to observe and participate in legislative as simply revisiting a tragedy of the distant Agreement, will not let this agreement die actions that have contributed to consoli- past, I believe a relevant assertion of the im- for lack of action. We will continue to fight dating the U.S.-Korea alliance. The Embassy portance of respecting human rights is time- for its approval by Congress, we will press of Korea in Washington and the Ministry of less, and the world should never again deny the White House to fight for it, and we will Foreign Affairs and Trade in Seoul have women the right to be safe and secure and to go directly to the court of public opinion to played a larger role in recent years in bring- maintain their dignity. persuade American consumers, business ing to the attention of Congress those issues Though these accomplishments are nota- leaders, and workers to support it. I know of importance and concern to the Korean ble, I believe there are even greater accom- that, with time and wisdom on our side, the people. This has informed congressional ac- plishments in our future. In the coming Korea-U.S. Free Trade Agreement will be tion and improved the legislative process. months I hope we can pass the Korea-U.S. ratified and the relationship between our Of the important legislative achievements Free Trade Agreement of which I am a countries will become even stronger because of the past few years, the inclusion of Korea strong supporter. As most of you undoubt- of it. in the Visa Waiver Program, which makes it edly know, the United States and Korea In closing, I am reminded of the look on easier for Koreans to visit the United States signed a free trade agreement in June of 2007, my good friend Johnny Yune’s face, and the for business, leisure, or family purposes, de- after months of diligent negotiations. The way his voice cracked as he re-tells the story serves special mentioning. In early 2006, agreement has not yet been ratified and, to of Private Brown. It is the same affection I there were about two dozen countries par- be candid, action on the Korea-U.S. Free have experienced on my visit here and the af- ticipating in the Visa Waiver Program ad- Trade Agreement may not take place for fection I have felt toward my old and even ministered by the U.S. Department of State. some time. new Korean and Korean-American friends. Most of them were European allies and trad- It is no secret that there are members of Our friendship is different from the rela- ing partners. While responsibility for ex- both the United States Congress and the Ko- tionship of any other country with the panding or contracting the Visa Waiver Pro- rean National Assembly who oppose the Free United States. I would say to my Korean gram lies with the Executive Branch, Con- Trade Agreement. But there are also those of friends that we should continue to focus on gress took the lead in persuading the Bush us—and I include myself among them—who what keeps our relationship strong and more administration to include Korea in the pro- believe that free trade among free peoples is unique than any other alliance in world his- gram. a positive good, and those agreements or tory. It is my fervent belief that the U.S.- My colleagues and I argued that, by allow- treaties that advance the principles of free Korea alliance is worth protecting and ing South Korea to participate in the Visa trade bring more benefits than risks, pro- strengthening. That is why the U.S.-Korea Waiver Program, we would not only be ad- mote future prosperity, and provide a strong- Free Trade Agreement is so important to hering to its stated goals, but at the same er foundation for peace and stability around me. time we would build upon a strategic part- the globe. Once again, I have been struck personally nership with our close friends in East Asia. Just last month the World Trade Organiza- by the extraordinary warmth and hospitality Although it took some time, legislation to tion warned of a rising threat of trade proof the Korean people since my arrival here in open the door for Korea to accede to the Visa tectionism around the world. This threat has this beautiful country. This has been true Waiver Program passed in July 2007, and in emerged because of the general decline of the not only among my formal hosts, but with November of last year, Korea officially global economy over the past two or three everyone I meet. I am honored and humbled

VerDate Nov 24 2008 03:04 May 06, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MY8.029 E05MYPT1 jbell on PROD1PC69 with REMARKS E1068 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 2009 to accept this honorary degree at this his- TEACHERS OF DREW MODEL vironment that supports and respects his or toric institution, and I thank you from the SCHOOL HONORED FOR THEIR her unique development. Their programs en- bottom of my heart. May we never cease to DEDICATION AND COMMITMENT courage children to develop independence of find ways to strengthen and deepen the ties TO ACHIEVING ACADEMIC SUC- thought and confidence of character while that bind our two nations together. CESS FOR ALL learning at their own pace. Additionally, Drew President Oh, distinguished faculty and faculty members incorporate the traditional ap- students of Dongguk University, friends and HON. EDDIE BERNICE JOHNSON proach of children working, learning, and de- colleagues, it is my distinct honor to accept OF TEXAS veloping in mixed-age groups with the aca- this degree. I will always cherish this mo- IN THE HOUSE OF REPRESENTATIVES demic experience of gentle guidance under a ment with great humility and I pledge to do specially trained teacher. all I can to see that our very special alliance Tuesday, May 5, 2009 I am proud and grateful for the enthusiastic to grow even closer in the coming years. Ms. EDDIE BERNICE JOHNSON of Texas. teachers at Drew Model School. Teachers Thank you, and ‘‘GAHM-SAH-HAHM- Madam Speaker, I rise today in honor of Na- make a difference in all of our lives, and today NIDA!’’ tional Teacher Appreciation Week and to I would like to extend my warm thanks for honor the teachers of Drew Model School for their hard work and service to America’s chil- their outstanding and tireless efforts to raise dren. academic achievement levels for all students I ask my fellow Members of Congress to at this institution. join me in honoring Drew Model School teach- The teachers and staff at Drew Model ers whose commitment to quality education is School approach each student with the belief extraordinary and dedication to academic that every child learns best within a social en- achievement is unmatched.

VerDate Nov 24 2008 03:04 May 06, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MY8.030 E05MYPT1 jbell on PROD1PC69 with REMARKS Tuesday, May 5, 2009 Daily Digest Senate Investment Program, and to authorize monies for the Chamber Action Special Inspector General for the Troubled Asset Re- Routine Proceedings, pages S5087–S5168 lief Program to audit and investigate recipients of Measures Introduced: Fourteen bills and four reso- non-recourse Federal loans under the Public Private lutions were introduced, as follows: S. 969–982, and Investment Program and the Term Asset Loan Facil- S. Res. 128–131. Pages S5127–28 ity. Pages S5099–S5100, S5110 Measures Passed: Rejected: By 31 yeas to 63 nays (Vote No. 178), Corker Recognizing the Mexican Holiday of Cinco de Amendment No. 1019 (to Amendment No. 1018), Mayo: Senate agreed to S. Res. 128, recognizing the to address safe harbor for certain servicers. historical significance of the Mexican holiday of Pages S5088–92 Cinco de Mayo. Page S5167 By 47 yeas to 48 nays (Vote No. 179), Thune Commending Louisiana Jockey Calvin Borel: Amendment No. 1030 (to Amendment No. 1018), Senate agreed to S. Res. 129, commending Louisiana to require the Secretary of the Treasury to use any jockey Calvin Borel for his victory in the 135th amounts repaid by a financial institution that is a re- Kentucky Derby. Page S5167 cipient of assistance under the Troubled Assets Re- Majority Party Membership on Certain Com- lief Program to reduce the authorization level under mittees for the 111th Congress: Senate agreed to S. the TARP. Pages S5094–97 Res. 130, to constitute the majority party’s member- By 36 yeas to 59 nays (Vote No. 181), DeMint ship on certain committees for the One Hundred Amendment No. 1026 (to Amendment No. 1018), Eleventh Congress, or until their successors are cho- to prohibit the use of Troubled Asset Relief Program sen. Page S5168 funds for the purchase of common stock. Minority Party Appointments for Certain Com- Pages S5101–06, S5110 mittees for the 111th Congress: Senate agreed to S. Pending: Res. 131, making minority party appointments for Dodd/Shelby Amendment No. 1018, in the nature certain committees for the 111th Congress. of a substitute. Page S5088 Page S5168 Dodd (for Grassley/Baucus) Modified Amendment Measures Considered: No. 1020 (to Amendment No. 1018), to enhance Helping Families Save Their Homes Act: Senate the oversight authority of the Comptroller General continued consideration of S. 896, to prevent mort- of the United States with respect to expenditures gage foreclosures and enhance mortgage credit avail- under the Troubled Asset Relief Program. ability, taking action on the following amendments Pages S5088, S5116–17 proposed thereto: Pages S5088–S5120 Dodd (for Grassley/Baucus) Modified Amendment Adopted: No. 1021 (to Amendment No. 1018), to amend Dodd (for Feingold/Gillibrand) Modified Amend- Chapter 7 of title 31, United States Code, to provide ment No. 1032, to require the Congressional Over- the Comptroller General additional audit authorities sight Panel to submit a special report on farm loan relating to the Board of Governors of the Federal restructuring. Page S5109 Reserve System. Pages S5088, S5117, S5118–19 By a unanimous vote of 96 yeas (Vote No. 180), Dodd (for Kerry) Modified Amendment No. 1036 Ensign Modified Amendment No. 1043 (to Amend- (to Amendment No. 1018), to protect the interests ment No. 1038), of a perfecting nature. of bona fide tenants in the case of any foreclosure on Pages S5100–01, S5109–10 any dwelling or residential real property. Boxer Amendment No. 1038 (to Amendment No. Pages S5092–94, S5110–11, S5112, S5115–16, S5117–18 1018), to provide for oversight of a Public-Private D498

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Reed/Bond Amendment No. 1040 (to Amend- parliamentary Group conference during the 111th ment No. 1018), to amend the McKinney-Vento Congress: Senators Sessions, Collins, and Voinovich. Homeless Assistance Act to reauthorize the Act. Page S5168 Pages S5106–09 Congressional-Executive Commission on the Peo- Casey Amendment No. 1033 (to Amendment No. ple’s Republic of China: The Chair, on behalf of the 1018), to enhance State and local neighborhood sta- President of the Senate, and after consultation with bilization efforts by providing foreclosure prevention the Republican Leader, pursuant to Public Law assistance to families threatened with foreclosure and 106–286, appointed the following Members to serve permitting Statewide funding competition in min- on the Congressional-Executive Commission on the imum allocation States. Pages S5111–12 People’s Republic of China: Senators Corker and Coburn Amendment No. 1042 (to Amendment Barrasso. Page S5168 No. 1040), to establish a pilot program for the expe- Weapon Systems Acquisition Reform Act— dited disposal of Federal real property. Agreement: A unanimous-consent agreement was Pages S5112–15 reached providing that upon disposition of S. 896, Dodd (for Reed) Modified Amendment No. 1039 Helping Families Save Their Homes Act, Senate pro- (to Amendment No. 1018), to address impediments ceed to the consideration of S. 454, to improve the to liquidating warrants. Page S5116 organization and procedures of the Department of Dodd (for Boxer) Amendment No. 1035 (to Defense for the acquisition of major weapon systems. Amendment No. 1018), to require notice to con- Page S5168 sumers when a mortgage loan has been sold, trans- Majority Party Appointment—Agreement: Pursu- ferred, or assigned to a third party. ant to S. Res. 18, and by unanimous-consent, the Pages S5098–99, S5117 Majority Leader made the following appointment on Dodd (for Schumer) Modified Amendment No. a temporary basis to the Committee on Health, Edu- 1031 (to Amendment No. 1018), to establish a mul- cation, Labor and Pensions: Senator Whitehouse. tifamily mortgage resolution program. Page S5117 Page S5168 A unanimous-consent-time agreement was reached Message from the President: Senate received the providing for further consideration of the bill at ap- following message from the President of the United proximately 10:30 a.m., on Wednesday, May 6, States: 2009, that no further amendments be in order to the Transmitting a draft list of sites, locations, facili- bill, and that Senate vote in the order listed on the ties, and activities in the United States for declara- pending amendments, with no amendment in order tion to the International Atomic Energy Agency to any amendment listed; provided that there be 2 (IAEA), under (the ‘‘U.S.-IAEA Additional Pro- minutes of debate equally divided and controlled in tocol’’), and constitutes a report thereon, as required the usual form, and after the first vote, any suc- by section 271 of Public Law 109–401; which was ceeding votes be limited to 10 minutes each: Reed referred to the Committee on Foreign Relations. Modified Amendment No. 1039 (listed above), (PM–15) Pages S5126–27 Boxer Amendment No. 1035 (listed above), Casey Messages from the House: Page S5127 Amendment No. 1033 (listed above), Grassley Modi- fied Amendment No. 1020 (listed above), Coburn Measures Referred: Page S5127 Amendment No. 1042 (listed above), Reed Amend- Enrolled Bills Presented: Page S5127 ment No. 1040 (listed above), Kerry Modified Executive Reports of Committees: Page S5127 Amendment No. 1036 (listed above), Schumer Modified Amendment No. 1031 (listed above), and Additional Cosponsors: Pages S5128–30 Grassley Modified Amendment No. 1021 (listed Statements on Introduced Bills/Resolutions: above); provided further, that upon disposition of the Pages S5130–64 listed amendments, the substitute amendment, as Additional Statements: Page S5126 amended, be agreed to, and Senate vote on passage Amendments Submitted: Pages S5164–66 of the bill. Page S5120 Notices of Hearings/Meetings: Page S5166 Appointments: Authorities for Committees to Meet: Canada-U.S. Interparliamentary Group Con- Pages S5166–67 ference: The Chair, on behalf of the Vice President, pursuant to 22 U.S.C. 276d-276g, as amended, ap- Privileges of the Floor: Page S5167 pointed the following Senators as members of the Record Votes: Four record votes were taken today. Senate Delegation to the Canada-U.S. Inter- (Total—181) Pages S5092, S5097, S5110

VerDate Nov 24 2008 03:39 May 06, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D05MY9.REC D05MYPT1 jbell on PROD1PC69 with DIGEST D500 CONGRESSIONAL RECORD — DAILY DIGEST May 5, 2009 Adjournment: Senate convened at 10 a.m. and ad- Foundation, John Castellani, Business Roundtable, journed at 7:35 p.m., until 9:30 a.m. on Wednes- Gary Claxton, and Diane Rowland, both of the day, May 6, 2009. (For Senate’s program, see the re- Henry J. Kaiser Family Foundation, Donald A. Dan- marks of the Majority Leader in today’s Record on ner, National Federation of Independent Business, page S5168.) Jennie Chin Hansen, AARP, Karen Ignagni, Amer- ica’s Health Insurance Plan, R. Bruce Josten, United Committee Meetings States Chamber of Commerce, Len Nichols, New America Foundation, Ron Pollack, Families USA, (Committees not listed did not meet) Sandy Praeger, National Association of Insurance Commissioners, Sara Rosenbaum, George Wash- COMBATING PIRACY ington School of Public Health and Health Services, Committee on Armed Services: Committee concluded a Raymond C. Scheppach, National Governors Associa- hearing to examine ongoing efforts to combat piracy tion, Scott Serota, Blue Cross and Blue Shield Asso- on the high seas, after receiving testimony from ciation, and Andy Stern, Service Employees Inter- Michele A. Flournoy, Under Secretary for Policy, and national Union, all of Washington, D.C. Vice Admiral James A. Winnefeld, Jr., USN, Direc- BUSINESS MEETING tor for Strategic Plans and Policy, Joint Chiefs of Staff, both of the Department of Defense; Stephen D. Committee on Finance: Committee ordered favorably Mull, Senior Advisor to the Under Secretary of State reported the nominations of Alan B. Krueger, of for Political Affairs; and James Caponiti, Acting New Jersey, to be Assistant Secretary of the Treasury Deputy Administrator, Maritime Administration, for Economic Policy, William V. Corr, of Virginia, Department of Transportation. to be Deputy Secretary of Health and Human Serv- ices, and Demetrios J. Marantis, of the District of PIRACY ON THE HIGH SEAS Columbia, to be Deputy United States Trade Rep- Committee on Commerce, Science, and Transportation: Sub- resentative. committee on Surface Transportation and Merchant BUSINESS MEETING Marine concluded a hearing to examine piracy on the high seas, focusing on protecting our ships, crews, Committee on Foreign Relations: Committee ordered fa- and passengers, after receiving testimony from Roy vorably reported the following business items: Kienitz, Under Secretary of Transportation for Pol- S. 345, to reauthorize the Tropical Forest Con- icy; Rear Admiral Brian M. Salerno, Assistant Com- servation Act of 1998 through fiscal year 2012, to mandant for Marine Safety, Security, and Steward- rename the Tropical Forest Conservation Act of 1998 ship; Theresa Walen, Deputy Assistant Secretary of as the ‘‘Tropical Forest and Coral Conservation Act Defense for African Affairs; Philip J. Shapiro, Liberty of 2009’’; Maritime Corporation, Lake Success, New York; and S. 954, to authorize United States participation in Captain Richard Phillips, Underhill, Vermont, and the replenishment of resources of the International Michael A. Perry, Riverview, Florida, both of the Development Association; S. 955, to authorize United States participation in, Maersk Alabama. and appropriations for the United States contribution NOMINATIONS to, the African Development Fund and the Multilat- Committee on Energy and Natural Resources: Committee eral Debt Relief Initiative, to require budgetary dis- concluded a hearing to examine the nominations of closures by multilateral development banks, to en- Daniel B. Poneman, to be Deputy Secretary, who courage multilateral development banks to endorse was introduced by Senator Warner, and David B. the principles of the Extractive Industries Trans- Sandalow, to be Assistant Secretary for International parency Initiative; Affairs and Domestic Policy, who was introduced by S. 838, to provide for the appointment of United Senator Lugar, both of the Department of Energy, States Science Envoys; and Rhea S. Suh, to be Assistant Secretary, and Mi- S. Res. 49, to express the sense of the Senate re- chael L. Connor, to be Commissioner of Reclama- garding the importance of public diplomacy; tion, both of the Department of the Interior, after S. Res. 84, urging the Government of Canada to the nominees testified and answered questions in end the commercial seal hunt; their own behalf. S. Con. Res. 19, expressing the sense of Congress that the Shi’ite Personal Status Law in Afghanistan HEALTH CARE COVERAGE violates the fundamental human rights of women Committee on Finance: Committee concluded a hearing and should be repealed; and to examine expanding health care coverage, after re- The nominations of Johnnie Carson, of Illinois, to ceiving testimony from Stuart M. Butler, Heritage be Assistant Secretary of State for African Affairs, Ivo

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H. Daalder, of Virginia, to be United States Perma- chorage, Alaska; and Lisa Speer, Natural Resources nent Representative on the Council of the North At- Defense Council, New York, New York. lantic Treaty Organization, Luis C. de Baca, of Vir- PASSPORT ISSUANCE ginia, to be Director of the Office to Monitor and Combat Trafficking, and routine lists in the Foreign Committee on the Judiciary: Subcommittee on Ter- Service. rorism and Homeland Security concluded a hearing to examine the passport issuance process, focusing on IMPLICATIONS OF A WARMING ARCTIC ending fraud, after receiving testimony from Brenda S. Sprague, Deputy Assistant Secretary of State for Committee on Foreign Relations: Committee concluded Consular Affairs; and Jess T. Ford, Director, Direc- a hearing to examine the global implications of a tor, International Affairs and Trade, Government Ac- warming arctic, after receiving testimony from Sen- countability Office. ators Murkowski and Begich; Mead Treadwell, United States Arctic Research Commission; David INTELLIGENCE Carlson, International Polar Year International Pro- Select Committee on Intelligence: Committee held closed gram Office, London, United Kingdom; Scott hearings on intelligence matters, receiving testimony Borgerson, Council on Foreign Relations, Wash- from officials of the intelligence community. ington, D.C.; Lawson Brigham, Arctic Council, An- Committee recessed subject to the call. h House of Representatives 21st Street in Long Island City, New York, as the Chamber Action ‘‘Geraldine Ferraro Post Office Building’’; Public Bills and Resolutions Introduced: 21 pub- Pages H5107–09 lic bills, H.R. 2243–2263; 1 private bill, H.R. 2264; and 6 resolutions, H.J. Res. 49; H. Con. Res. Caroline O’Day Post Office Building Designa- 118–119; and H. Res. 401–403 were introduced. tion Act: H.R. 1397, to designate the facility of the Pages H5168–69 United States Postal Service located at 41 Purdy Av- enue in Rye, New York, as the ‘‘Caroline O’Day Pages H5169–70 Additional Cosponsors: Post Office Building’’; Pages H5109–11 Reports Filed: Reports were filed today as follows: Expressing the sense of the House of Representa- H. Res. 400, providing for the consideration of tives that public servants should be commended for the bill (H.R. 1728) to amend the Truth in Lending Act to reform consumer mortgage practices and pro- their dedication and continued service to the Na- vide accountability for such practices and to provide tion during Public Service Recognition Week: H. certain minimum standards for consumer mortgage Res. 299, to express the sense of the House of Rep- loans (H. Rept. 111–96); resentatives that public servants should be com- H.R. 1788, to amend the provisions of title 31, mended for their dedication and continued service to United States Code, relating to false claims to clarify the Nation during Public Service Recognition Week, and make technical amendments to those provisions, May 4 through 10, 2009, and throughout the year, and for other purposes (H. Rept. 111–97). by a 2⁄3 yea-and-nay vote of 419 yeas with none vot- Page H5167 ing ‘‘nay’’ and 4 voting ‘‘present’’, Roll No. 231; Speaker: Read a letter from the Speaker wherein she Pages H5111–13, H5131–32 appointed Representative Salazar to act as Speaker Elijah Pat Larkins Post Office Building Des- Pro Tempore for today. Page H5099 ignation Act: H.R. 1271, to designate the facility of Recess: The House recessed at 11:05 a.m. and re- the United States Postal Service located at 2351 convened at noon. Page H5103 West Atlantic Boulevard in Pompano Beach, Florida, as the ‘‘Elijah Pat Larkins Post Office Building’’; Suspensions: The House agreed to suspend the rules and pass the following measures: Pages H5113–14 Geraldine Ferraro Post Office Building Des- Supporting the goals and ideals of National ignation Act: H.R. 774, to designate the facility of Charter Schools Week: H. Res. 382, to support the the United States Postal Service located at 46–02

VerDate Nov 24 2008 03:39 May 06, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D05MY9.REC D05MYPT1 jbell on PROD1PC69 with DIGEST D502 CONGRESSIONAL RECORD — DAILY DIGEST May 5, 2009 goals and ideals of National Charter Schools Week, Adjournment: The House met at 10:30 a.m. and to be held May 3 through May 9, 2009; adjourned at 9:29 p.m. Pages H5114–16 Supporting the goals and ideals of National Committee Meetings Community College Month: H. Res. 338, to support the goals and ideals of National Community College NATIONAL ANIMAL ID SYSTEM Month, by a 2⁄3 yea-and-nay vote of 424 yeas with Committee on Agriculture, Subcommittee on Livestock, none voting ‘‘nay’’, Roll No. 232; Dairy, and Poultry and the Subcommittee on Emerg- Pages H5116–18, H5132 ing Threats, Cybersecurity, and the Science and Technology of the Committee on Homeland Security Supporting the goals and ideals of Global Youth held a joint hearing to review the National Animal Service Days: H. Res. 353, to support the goals and 2 Identification System. Testimony was heard from ideals of Global Youth Service Days, by a ⁄3 re- John R. Clifford, Deputy Administrator, Veterinary corded vote of 424 ayes with none voting ‘‘no’’, Roll Services, Animal and Plant Health Inspection Serv- No. 233; Pages H5122–23, H5132–33 ice, USDA; Tom McGinn, Chief Veterinarian, Direc- Honoring the graduating Class of 2009 at the tor, Food, Agriculture and Veterinary Defense, De- University of California, Merced: H. Res. 396, partment of Homeland Security; David C. Smith, amended, to honor the graduating Class of 2009 at Assistant Director, Division of Animal Industry, De- the University of California, Merced; Pages H5123–25 partment of Agriculture and Markets, State of New Supporting the goals and ideals of National York; Kevin Kirk, Department of Agriculture, State Public Works Week: H. Res. 313, to support the of Michigan; and a public witness. goals and ideals of National Public Works Week; LEGISLATIVE BRANCH APPROPRIATIONS and Pages H5125–27 Committee on Appropriations: Subcommittee on Legisla- Supporting the goals of Motorcycle Safety Aware- tive Branch continued appropriation hearings,. Testi- ness Month: H. Res. 269, to support the goals of mony was heard from Members of Congress, and Motorcycle Safety Awareness Month. Pages H5127–29 public witnesses. Suspensions—Proceedings Postponed: The House ARMY/AIR NATIONAL GUARD EQUIPMENT debated the following measures under suspension of PROGRAMS the rules. Further proceedings were postponed: Committee on Armed Services, Subcommittee on Air and Congratulating the University of North Caro- Land Forces held a hearing on the Army National lina men’s basketball team: H. Res. 348, to con- Guard and Air National Guard equipment programs. gratulate the University of North Carolina men’s Testimony was heard from the following official of basketball team for winning the 2009 NCAA Divi- the National Guard, Department of Defense: LTG sion I Men’s Basketball National Championship; and Harry M. Wyatt III, ANG, Director, Air National Pages H5118–22 Guard; and MG Raymond W. Carpenter, ARNG, Supporting the goals and ideals of National Acting Deputy Director, Army National Guard. Train Day: H. Res. 367, to support the goals and CYBERSPACE WARFIGHTING DOMAIN ideals of National Train Day. Pages H5129–31 Committee on Armed Services: Subcommittee on Ter- Presidential Message: Read a message from the rorism, Unconventional Threats and Capabilities President transmitting a report which lists the sites, held a hearing on Cyberspace Warfighting Domain: locations, facilities, and activities in the United Policy, Management and Technical Challenges to States which will be declared to the International Mission Assurance. Testimony was heard from the Atomic Energy Agency (IAEA), under the Protocol following officials of the Department of Defense: Additional to the Agreement between the United LTG William Shelton, USAF, Chief of Warfighting States of America and the International Atomic En- Integration, Chief Information Officer, Office of the ergy Agency for the Application of Safeguards in the Secretary of the Air Force; Robert Lenz, Deputy As- United States of America—referred to the Com- sistant Secretary, Cyber, Identify and Information mittee on Foreign Affairs and ordered to be printed Assurance and Senior Information Assurance Official; (H. Doc. 111–37). Pages H5133–34 LTG Keith Alexander, USA, Commander, Joint Quorum Calls—Votes: Two yea-and-nay votes and Functional Component Command Network Warfare, one recorded vote developed during the proceedings Director, NSA; Rob Carey, Chief Information Offi- of today and appear on pages H5131–32, H5132 cer, U.S. Navy; and Mike Krieger, Deputy Chief In- and H5133. There were no quorum calls. formation Officer/G–6, U.S. Army.

VerDate Nov 24 2008 03:39 May 06, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D05MY9.REC D05MYPT1 jbell on PROD1PC69 with DIGEST May 5, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D503 WORKFORCE INVESTMENT H.R. 1454, Multinational Species Conservation Committee on Education and Labor, Subcommittee on Funds Semipostal Stamp Act of 2009. Testimony Higher Education, Lifelong Learning and Competi- was heard from Representative Farr; Rowan Gould, tiveness continued hearings on New Innovations and Acting Director, U.S. Fish and Wildlife Service, De- Best Practices under the Workforce Investment Act. partment of the Interior; and public witnesses. Testimony was heard from public witnesses. NORTHERN ROCKIES ECOSYSTEM DATA ACCOUNTABILITY AND TRUST PROTECTION ACT ACT; INFORMED P2P USER ACT Committee on Natural Resources: Subcommittee on Na- Committee on Energy and Commerce, Subcommittee on Commerce, Trade and Consumer Protection held a tional Parks, Forests and Public Lands held a hearing hearing on the following bills: H.R. 2221, Data Ac- on H.R. 980, Northern Rockies Ecosystem Protec- countability and Trust Act; and H.R. 1319, In- tion Act. Testimony was heard from Representatives formed P2P User Act. Testimony was heard from Ei- Maloney and Rehberg; Joel Holtrop, Deputy Chief, leen Harrington, Acting Director, Bureau of Con- National Forest System, Forest Service, USDA; Mi- sumer Protection, FTC; and public witnesses. chael Nedd, Acting Deputy Director, Bureau of Land Management, Department of the Interior; Judy LEHMAN BROTHERS BANKRUPTCY’S Boyle, House Member, State Legislature, State of STATE/LOCAL EFFECT Idaho; and public witnesses. Committee on Financial Services: Held a hearing entitled ‘‘The Effect of the Lehman Brothers Bankruptcy SECURITY FEDERAL INFORMATION on State and Local Governments.’’ Testimony was SYSTEMS heard from Representatives Eshoo and Speier; and Committee on Oversight and Government Reform: Sub- public witnesses. committee on Government Management, Organiza- FEDERAL INSPECTORS GENERAL tion, and Procurement held a hearing entitled ‘‘Cy- Committee on Financial Services: Subcommittee on bersecurity: Emerging Threats, Vulnerabilities, and Oversight and Investigations held a hearing entitled Challenges in Securing Federal Information Sys- ‘‘The Role of Inspectors General: Minimizing and tems.’’ Testimony was heard from Robert F. Lentz, Mitigating Waste, Fraud and Abuse.’’ Testimony Deputy Assistant Secretary, Cyber, Identity, and In- was heard from Eric Thorson, Inspector General, De- formation Assurance, Department of Defense; John partment of the Treasury; Elizabeth A. Coleman, In- Streufert, Deputy Chief Information Officer for In- spector General, Board of Governors, Federal Reserve formation Security, Bureau of Information Resource System; and Jon T. Rymer, Inspector General, FDIC. Management, Department of State; Gregory U.S.-PAKISTAN RELATIONSHIP Wilshusen, Director, Information Security Issues, GAO; and public witnesses. Committee on Foreign Affairs, Held a hearing on From Strategy to Implementation: The Future of the U.S.- MORTGAGE REFORM AND ANTI-LENDING Pakistan Relationship. Testimony was heard from ACT Richard C. Holbrooke. Special Representative for Af- ghanistan and Pakistan, Department of State; and Committee on Rules: Granted, by a non-record vote, a public witnesses. rule providing for consideration of H.R. 1728, the Mortgage Reform and Anti-Predatory Lending Act. CREDIT CARDS—FEDERAL ARBITRATION The rule provides for one hour of general debate ACT equally divided and controlled by the chair and Committee on the Judiciary: Subcommittee on Com- ranking minority member of the Committee on Fi- mercial and Administrative Law held a hearing on nancial Services. The rule waives all points of order the Federal Arbitration Act: Is the Credit Card In- against consideration of the bill except those arising dustry Using It To Quash Legal Claims? Testimony under clause 9 and 10 of rule XXI. The rule pro- was heard from public witnesses. vides that the Committee of the Whole shall rise MISCELLANEOUS MEASURES without motion after general debate and that no fur- Committee on Natural Resources: Subcommittee on In- ther consideration of the bill shall occur except pur- sular Affairs, Oceans and Wildlife held a hearing on suant to a subsequent order of the House. Testimony the following bills: H.R. 509, Marine Turtle Con- was heard from Chairman Barney Frank and Rep- servation Reauthorization Act of 2009; H.R. 556, resentative Price of Georgia. Southern Sea Otter Recovery and Research Act; and

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NATIONAL CLIMATE SERVICE COMMITTEE MEETINGS FOR DEVELOPMENT WEDNESDAY, MAY 6, 2009 Committee on Science and Technology: Subcommittee on (Committee meetings are open unless otherwise indicated) Energy and Environment held a hearing on Expand- ing Climate Services at the NOAA: Developing the Senate National Climate Service. Testimony was heard from Committee on Appropriations: Subcommittee on Energy Jane Lubchenco, Under Secretary, NOAA, Depart- and Water Development, to hold hearings to examine the ment of Commerce; and public witnesses. range of innovative, non-geologic applications for the beneficial reuse of carbon dioxide from coal and other fossil fuel facilities, 9 a.m., SD–192. RECOVERY ACT OVERSIGHT Committee on Armed Services: Subcommittee on Strategic Committee on Science and Technology: Subcommittee on Forces, to receive a closed briefing to examine space Investigations and Oversight held a hearing on Fol- issues, 2:15 p.m., SVC–217. low the Money Part II: Government and Public Re- Committee on Banking, Housing, and Urban Affairs: to sources for Recovery Act Oversight. Testimony was hold hearings to examine regulating and resolving institutions considered to be too big to fail, 9:30 a.m., heard from Gene Dodaro, Acting Comptroller Gen- SD–538. eral, GAO; Earl Devaney, Chairman, Recovery Ac- Committee on Commerce, Science, and Transportation: Sub- countability and Transparency Board; and public committee on Communications and Technology, to hold witnesses. hearings to examine the future of journalism, 2:30 p.m., SR–253. GSA STIMULUS FUND OVERSIGHT Committee on Energy and Natural Resources: business meeting to consider pending legislation on siting of Committee on Transportation and Infrastructure: Sub- interstate electric transmission facilities, energy finance, committee on Economic Development, Public Build- and nuclear energy, 10 a.m., SD–366. ings and Emergency Management held a hearing on Committee on Foreign Relations: to hold hearings to exam- Tracking Hearing #2:GSA Stimulus Funds-Up, Out, ine engaging Iran, focusing on obstacles and opportuni- and Creating Jobs. Testimony was heard from the ties, 9:30 a.m., SD–419. following officials of the GSA; William Guerin, Subcommittee on European Affairs, to hold hearings to Project Management Office Executive; Brian Miller, examine NATO post-60, focusing on institutional chal- Inspector General; and Shapour Abadi, St. Eliza- lenges moving forward, 2:30 p.m., SD–419. Committee on the Judiciary: to hold an oversight hearing beth’s Project Executive; and Michael Gallagher, As- to examine the Department of Homeland Security, 10 sistant Deputy Commissioner, Budget, Finance, and a.m., SD–226. Management, SSA. Committee on Veterans’ Affairs: to hold hearings to examine the nominations of Roger W. Baker, of Virginia, to BRIEFING—INTELLIGENCE FOR U.S. be Assistant Secretary for Information and Technology, MARINE DEPLOYMENT TO AFGHANISTAN William A. Gunn, of Virginia, to be General Counsel, Jose D. Riojas, of Texas, to be Assistant Secretary for Op- Permanent Select Committee on Intelligence: Met in execu- erations, Security, and Preparedness, and John U. Sepul- tive session to receive a briefing on Intelligence for veda, of Virginia, to be Assistant Secretary for Human the U.S. Marine Deployment to Afghanistan. The Resources, all of the Department of Veterans Affairs, 9:30 Committee was briefed by departmental witnesses. a.m., SR–418. Special Committee on Aging: to hold hearings to examine BRIEFING—PERU solutions to stop Medicare and Medicaid fraud from hurting seniors and taxpayers, 2 p.m., SH–216. Permanent Select Committee on Intelligence: Met in executive session to receive a briefing on Peru. The Com- House mittee was briefed by departmental witnesses. Committee on Agriculture, Subcommittee on Conserva- tion, Credit, Energy and Research, hearing to review the impact of the indirect land use and renewable biomass Joint Meetings provisions in the renewable fuel standard, 11 a.m., 1300 Longworth. ECONOMIC OUTLOOK Committee on Appropriations, Subcommittee on Legisla- tive Branch, on House of Representatives Budget, 10 Joint Economic Committee: Committee concluded hear- a.m., H–144 Capitol. ings to examine the current economic outlook, after Subcommittee on Military Construction, Veterans Af- receiving testimony from Ben S. Bernanke, Chair- fairs and Related Agencies, on Army Budget, 10 a.m., man, Board of Governors of the Federal Reserve Sys- and on Navy/Marine Corps Budget, 2 p.m., H–143 Cap- tem. itol.

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Committee on Armed Services, hearing on the Department United States and supporting the goals and ideals of of Defense at High Risk: The Chief Management Offi- Mother’s Day; H.R. 1817, To designate the facility of the cer’s Recommendations for Acquisition Reform and Re- United States Postal Service located at 116 North West lated High Risk Areas, 10 a.m., and a hearing on the re- Street in Somerville, Tennessee, as the ‘‘John S. Wilder port of the Congressional Commission on the Strategic Post Office Building; H.R. 2090, To designate the facil- Posture of the United States, 2 p.m., 2118 Rayburn. ity of the United States Postal Service located at 431 Committee on Education and Labor, to mark up H.R. State Street in Ogdensburg, New York, as the ‘‘Frederic 2187, 21st Century Green High-Performing Public Remington Post Office Building;’’ H.R. 2162, To des- School Facilities Act, 10 a.m., 2175 Rayburn. ignate the facility of the United States Postal Service lo- Committee on Financial Services, Subcommittee on Hous- cated at 123 11th Avenue South in Nampa, Idaho, as the ing and Community Opportunity, hearing entitled ‘‘Leg- ‘‘Herbert A. Littleton Postal Station;’’ H.R. 2173, To islative Solutions for Preventing Loan Modification and designate the facility of the United States Postal Service Foreclosure Rescue Fraud,’’ 10 a.m., 2128 Rayburn. located at 1009 Crystal Road in Island Falls, Maine, as Committee on Foreign Affairs, Subcommittee on Africa the ‘‘Carl B. Smith Post Office;’’ and H.R. 2174, To des- and Global Health, hearing on Global Health Emer- ignate the facility of the United States Postal Service, lo- gencies Hit Home: The Swine Flu Outbreak, 9 a.m., cated at 18 Main Street in Howland, Maine, as the 2172 Rayburn. ‘‘Clyde Hichborn Post Office,’’ 1 p.m., 2154 Rayburn. Committee on Homeland Security, Subcommittee on Trans- Committee on Rules, to consider H.R. 1728, Mortgage portation Security and Infrastructure, to mark up H.R. 2200, Transportation Security Administration Authoriza- Reform and Anti-Predatory Lending Act, 3 p.m., H–313 tion Act, 10 a.m., 311 Cannon. Capitol. Committee on House Administration, hearing on Necessary Committee on Small Business, hearing entitled ‘‘Legisla- Renovations to House Office Buildings, 11 a.m., 1324 tion to Reauthorize and Modernize SBA’s Entrepreneurial Longworth. Development Programs,’’ 1 p.m., 2360 Rayburn. Committee on the Judiciary, Subcommittee on Crime, Committee on Veterans’ Affairs, to mark up the following Terrorism, and Homeland Security, hearing on Escalating bills: H.R. 23, Belated Thank You to the Merchant Mari- Violence in Mexico and the Southwest Border as a Result ners of World War II Act of 2009; H.R. 466, Wounded of the Illicit Drug Trade, 2 p.m., 2141 Rayburn. Veteran Job Security Act; H.R. 1088, Mandatory Veteran Committee on Oversight and Government Reform, to con- Specialist Training Act of 2009; H.R. 1089, Veterans sider the following measures: H.R. 2812, Enhanced Over- Employment Rights Realignment Act of 2009; and H.R. sight of State and Local Economic Recovery Act; H.R. 1170, To amend chapter 21 of title 38, United States 885, Improved Financial and Commodity Markets Over- Code, to establish a grant program to encourage the de- sight and Accountability Act; H.R. 626, Federal Employ- velopment of new assistive technologies for specially ees Paid Parental Leave Act of 2009; H. Con. Res. 84, adopted housing, 10:15 a.m., 334 Cannon. Supporting the goals and objectives of a National Mili- Committee on Ways and Means, hearing to welcome the tary Appreciation Month; H. Res. 356, Supporting sup- Secretary of Health and Human Services, and to continue port for the designation of February 8, 2010, as the hearings on Health Reform in the 21st Century, 10 a.m., ‘‘Boys Scouts of America Day,’’ in celebration of the Na- 1100 Longworth. tion’s largest youth scouting organization’s 100th anni- Permanent Select Committee on Intelligence, Subcommittee versary; H. Res. 370, Expressing support for designation on Terrorism Human Intelligence, Analysis, and Counter- of April 27, 2009, as ‘‘National Healthy Schools Day;’’ intelligence, executive, hearing on Russia, 4 p.m., 304 H. Res., 388, Celebrating the role of mothers in the HVC.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, May 6 10 a.m., Wednesday, May 6

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of the following morning business (not to extend beyond one hour), Senate suspensions: (1) H.R. 1107—To enact certain laws relat- will continue consideration of S. 896, Helping Families ing to public contracts as title 41, United States Code, Save Their Homes Act, and after a period of debate, vote ‘‘Public Contracts’’; (2) H. Res. 391—Recognizing May on certain amendments, and vote on passage of the bill. as ‘‘National Foster Care Month’’; and (3) S. 386—Fraud Enforcement and Recovery Act of 2009. Consideration of H.R. 1728—Mortgage Reform and Anti-Predatory Lend- ing Act (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Green, Al, Tex., E1065 Mitchell, Harry E., Ariz., E1058 Green, Gene, Tex., E1061 Ortiz, Solomon P., Tex., E1058 Barrett, J. Gresham, S.C., E1062 Harper, Gregg, Miss., E1060 Pascrell, Bill, Jr., N.J., E1063 Bonner, Jo, Ala., E1057, E1063 Honda, Michael M., Calif., E1065 Roybal-Allard, Lucille, Calif., E1066 Burton, Dan, Ind., E1064, E1066 Johnson, Eddie Bernice, Tex., E1060, E1064, E1068 Sa´ nchez, Linda T., Calif., E1057, E1061 Carnahan, Russ, Mo., E1063 Kanjorski, Paul E., Pa., E1062 Coble, Howard, N.C., E1060 Kucinich, Dennis J., Ohio, E1066 Shuler, Heath, N.C., E1060, E1064 Courtney, Joe, Conn., E1058 Lee, Barbara, Calif., E1058, E1059 Skelton, Ike, Mo., E1059 Crowley, Joseph, N.Y., E1063 McCollum, Betty, Minn., E1063 Speier, Jackie, Calif., E1057, E1064 Graves, Sam, Mo., E1059 Marchant, Kenny, Tex., E1062 Visclosky, Peter J., Ind., E1059 Grayson, Alan, Fla., E1061 Miller, Jeff, Fla., E1062

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