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

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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, FRIDAY, NOVEMBER 6, 2009 No. 165 House of Representatives The House met at 9 a.m. and was ANNOUNCEMENT BY THE SPEAKER Texas and the U.S. are at half staff this called to order by the Speaker. The SPEAKER. The Chair will enter- crisp morning. In the hill country of central Texas, f tain up to five requests for 1-minute speeches from each side of the aisle. at the largest military base, a place PRAYER called Fort Hood, soldiers and families f mourn. They mourn for 13 of their own The Chaplain, the Reverend Daniel P. ECONOMIC INEQUITIES who have been murdered. They weep Coughlin, offered the following prayer: for 30 others who fill hospitals because The Holy Scriptures tell us: (Mr. KUCINICH asked and was given of bullet wounds. ‘‘The Lord is my stronghold, my for- permission to address the House for 1 The soldiers were going about the tress and my champion. My God, my minute.) business of making ready to deploy and rock where I find safety . . . ’’ Mr. KUCINICH. Madam Speaker, why defend this country overseas against And yet, Lord, even our celebrated is it we have finite resources for health tyranny and terrorism, only to face a stronghold, the home of the brave, our care but unlimited money for war? The terrorist here at home. A radicalized heroic military and their families, Fort inequities in our economy are piling soldier named Nidal Hasan rejected his Hood, can be penetrated with violence. up: trillions for war, trillions for Wall order to go abroad and took out his Be with those fallen, the wounded Street, tens of billions for insurance anger on those he knew. and their families, as the Nation companies. Banks and other corpora- We come upon Veterans Day next mourns with them and prays with them tions are sitting on piles of cash and week where we honor our veterans, but and for them. taxpayers’ money, while firing work- let us here today in Congress on this Renew the fortress of faith and be ers, cutting pay, and denying small solemn occasion give thought, prayer, their champion over all the forces of businesses money to survive. and thanks to the men and women of evil, those recognized as outside us and People are losing their homes, their the military who have volunteered to the insidious hidden in our midst. jobs, their health, their retirement se- defend the rest of us against those Lead us not into temptation but de- curity. Yet there is unlimited money forces of evil. We mourn with their liver us from evil. For Thine is the for war and Wall Street and insurance families. These of our military are a kingdom, the power and the glory for- companies but very little money for rare breed, a unique breed, the Amer- ever and ever. Amen. jobs. There is unlimited money to blow ican breed. up things in Iraq and Afghanistan, rel- And that’s just the way it is. f atively little money to build things in f THE JOURNAL the U.S. The administration will soon bring to HEALTH CARE The SPEAKER. The Chair has exam- Congress a request for an additional $50 (Mr. KAGEN asked and was given ined the Journal of the last day’s pro- billion for war. I can tell you, a Demo- permission to address the House for 1 ceedings and announces to the House cratic version of the wars in Iraq and minute.) her approval thereof. Afghanistan is no more acceptable Mr. KAGEN. Madam Speaker, I rise Pursuant to clause 1, rule I, the Jour- than a Republican version of the wars this morning to speak out in favor of nal stands approved. in Iraq and Afghanistan. Trillions for reforming our health care system to f war, for Wall Street, billions for insur- guarantee that every citizen has access ance companies. When we were prom- to the care that they need when and PLEDGE OF ALLEGIANCE ised change, we weren’t thinking it where they need it, at a price they can The SPEAKER. Will the gentleman meant we give a dollar and get back 2 afford to pay. People like Jenny, who is cents. from Colorado (Mr. PERLMUTTER) come a single mother of two asthmatic chil- forward and lead the House in the f dren who I got the fortune of taking care of. With two asthmatic children, Pledge of Allegiance. FORT HOOD, TEXAS Mr. PERLMUTTER led the Pledge of she couldn’t afford the price of the pre- Allegiance as follows: (Mr. POE of Texas asked and was scription drugs they needed to keep her I pledge allegiance to the Flag of the given permission to address the House children healthy. United States of America, and to the Repub- for 1 minute.) People like Mary with rheumatoid lic for which it stands, one nation under God, Mr. POE of Texas. Madam Speaker, arthritis so severe that she is an expen- indivisible, with liberty and justice for all. the bugle sounds Taps. The flags of sive date to the insurance companies

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

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VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12460 CONGRESSIONAL RECORD — HOUSE November 6, 2009 and for which no other insurance com- I would also like to call attention to cheap alternative. It would cover only pany would take her because of her the flag flying over our Capitol today three million uninsured. It maintains preexisting condition. in honor of Colonel Hixson, and it is the status quo for insurance compa- People like Stacie, who had cancer of with great pride that I stand here be- nies. It has no serious reforms to elimi- her thyroid and had it surgically cured, fore my colleagues to pay tribute to nate the perverse incentives in our and yet, because of a preexisting condi- him. His courage, bravery, and dedica- present payment system. tion, would be denied access to the care tion to his country and family serve as So the Republican are left with she needs. an inspiration to us all. I wish peace to catchy phrases. The American people And, finally, people like a 6-day-old the family and friends of Colonel Todd see through it. That is why they are child named Hope, who at 6 days of age, Hixson, and I thank him for his service still supporting this bill. The American through no fault of her own, had to to the United States and the State of people know that the time to enact have heart surgery to correct a heart Maryland. quality health care is now. Tomorrow deformity. On this Friday before Veterans Day, is the day. We are going to change this health we honor Colonel Hixson’s memory and care system and guarantee that no one all our veterans and service men and f shall suffer from discrimination any women and their families who make AMERICAN PEOPLE KNOW BEST longer in this country. their greatest sacrifice for each of us. (Ms. FOXX asked and was given per- f f mission to address the House for 1 WRONG BILL AT WRONG TIME PROTECT OUR JOBS minute.) (Mr. CHAFFETZ asked and was given (Mr. DANIEL E. LUNGREN of Cali- Ms. FOXX. Madam Speaker, yester- permission to address the House for 1 fornia asked and was given permission day was an exciting day for those of us minute and to revise and extend his re- to address the House for 1 minute and who believe the American people know marks.) to revise and extend his remarks.) best. Thousands of people came to Cap- Mr. CHAFFETZ. Madam Speaker, all Mr. DANIEL E. LUNGREN of Cali- itol Hill to tell Speaker PELOSI that across this country there are families fornia. Madam Speaker, a number of they do not want her tax increase gov- that are waking up concerned about years ago, a prominent Democratic po- ernment takeover of health care. They their future. They are concerned about litical consultant coined the phrase, said that this bill is a bill the Amer- their jobs. They are concerned about ‘‘It’s the economy, stupid.’’ What that ican people cannot afford. Republicans what the direction of this country is. meant was, after the issues of national in the House agree with them. We read a new statistic that showed security and personal security, the Hardworking Americans do not want that only 2,500 of the supposed 640,000 state of the economy is number one in to pay for abortions and illegal aliens jobs that were created or saved by the the minds and hearts of the American and should not have to pay for them. stimulus were manufacturing jobs. people. Unemployment is now 10.2 percent, Only 2,500. Manufacturing is good. We We have just heard disturbing news: and this bill will make it worse. Like need that in this country. The unemployment rate is now 10.2 other ill-conceived bills such as the At the same time, we hear this morn- percent, the highest rate in decades. At wrongly named stimulus bill that the ing that the unemployment now has this point in time when our constitu- Democrats have crammed down the risen to 10.2 percent. At a time when ents are worried about jobs, worried throats of the American people, the so- our Nation is suffering, it is not the about the economy, worried about how called health reform bill will do more time, it is not the place to implement they are going to pay their bills, does harm than good. the proposed Nancy Pelosi health care it make sense for us to rush to judg- Speaker PELOSI, listen to the voices bill. ment on a bill that has been analyzed of the American people. My colleagues We need health care reform, but this to show that it is a job killer bill? I on the other side, listen to the voices is the wrong bill at the wrong time. It refer to the Pelosi health care plan of the American people. Do not vote for raises taxes on businesses and individ- that we are going to be kept in this more taxes, more government control, uals. It raises taxes on medical manu- place this weekend to vote on. Let us and an erosion of our freedoms. Re- facturers. I urge my colleagues to hear what the American people are member, the first three words of the strike this down and kill that bill. saying. Make sure we protect our jobs, Constitution are, ‘‘We the people.’’ f not destroy our jobs. f HONORING COLONEL TODD HIXSON f HEALTH CARE (Ms. EDWARDS of Maryland asked TOMORROW IS THE DAY and was given permission to address (Mr. MCDERMOTT asked and was (Mr. GENE GREEN of Texas asked the House for 1 minute and to revise given permission to address the House and was given permission to address and extend her remarks.) for 1 minute and to revise and extend the House for 1 minute and to revise Ms. EDWARDS of Maryland. Madam his remarks.) and extend his remarks.) Speaker, it is with great sadness that I Mr. MCDERMOTT. Madam Speaker, Mr. GENE GREEN of Texas. Madam rise today to honor the life and mem- here’s what you are hearing from oppo- Speaker, a lot of us think we represent ory of Colonel Todd Hixson. Colonel nents to health care reform: Nothing the people. With unemployment now Hixson passed away tragically and un- scares Members of Congress more than over 10 percent, the second biggest expectedly on Sunday, November 1, freedom-loving Americans. We should issue if you don’t have a job is that you 2009, in Silver Spring, Maryland. surround the Capitol Building until don’t have health care. We have a lot of Along with so many other brave men they give us freedom. This bill is legis- problems in our country, unemploy- and women, Colonel Hixson served for lative malpractice. ment and health care, and hopefully many years in the United States Ma- Now these are all catchy phrases. Congress will take that. rine Corps. Just a few weeks ago, he re- They are catchy phrases that are pur- We made a step early in the year turned from his most recent tour of posely designed to hide the fact that with a stimulus bill to try and create duty in Iraq. I feel privileged to honor the Republicans have no viable alter- jobs. It hasn’t done what we wanted. such a courageous son of the State of native health care plan. Critics have We need to do something, but we also Maryland. panned the plan that they have offered. need to deal with health care. With a heavy and sad heart, I offer Headlines in The New York Times Let me take the last part of my time my sincere condolences to the family screamed, ‘‘Budget monitor says GOP to say our country lost 12 brave sol- of Colonel Todd Hixson. He was the son bill leaves many uninsured.’’ Headlines diers yesterday at Fort Hood, Texas. of the Honorable Sheila E. Hixson, from The Washington Post booms, They were prepared to be deployed to Maryland State Delegate; and my ‘‘Congressional Budget Office thrashes defend our country. I think that is thoughts and prayers are with her and the Republican health care plan.’’ what this House ought to be thinking all of Colonel Hixson’s family and The verdict is in: The Republican about today, those families and those friends at this time. plan is woefully inadequate. It is not a soldiers at Fort Hood, Texas.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12461 HEALTH CARE Whereas this year the Yankees opened a day night, the Yankees once again re- (Mr. WILSON of South Carolina new stadium and hope to emulate the suc- turned the World Series trophy to New cess achieved in the ‘‘House that Ruth asked and was given permission to ad- York City, the 27th time they have Built’’; done this. dress the House for 1 minute and to re- Whereas during the 2009 regular season, the vise and extend his remarks.) Yankees had the best record in baseball, We are proud of our Yankees, and I Mr. WILSON of South Carolina. going 103–59; could go on and on for hours discussing Madam Speaker, included in the 2,000 Whereas the Yankees finished at the top of the Yankees. I recall just last weekend pages of the Pelosi takeover bill are the American League East Division; I spent time with friends of mine, Dr. massive cuts in Medicare that will hurt Whereas the Yankees went on to beat the Witherspoon and Dr. Brown, talking seniors across the country. According Minnesota Twins 3 games to 0; about the Yankees of yesteryear and to the nonpartisan Congressional Budg- Whereas the Yankees then faced off today. And of course we talked about et Office, these cuts are $162 billion, against the Los Angeles Angels of Anaheim the long line of outstanding players in the American League Championship Se- causing many seniors to lose their cur- ries, and emerged victorious in 6 games; and the great success that they have rent coverage or limit their choices. Whereas that victory represented the 40th had. We talked about Babe Ruth, Mick- But that is not all. The Pelosi takeover American League Pennant that the Yankees ey Mantle, and of course now we can also increases seniors’ Medicare pre- have won; talk about Matsui as well. scription drug premiums by 20 percent Whereas the Yankees were matched up We have important business to con- over the next decade. against a valiant Philadelphia Phillies squad sider in this House today and tomor- These negative policies hurt seniors. for the World Series title; row, but it is fitting that we take a That is why I am pleased that senior Whereas the Yankees were able to defeat small amount of time now to congratu- organizations like Sixty Plus Associa- the defending World Series Champions by 4 late the New York Yankees on their games to 2; tion and the Senior Citizens League World Series victory. stand tall for seniors against the Pelosi Whereas this victory represents the Yan- kees’ 27th World Series Championship win; Madam Speaker, I reserve the bal- takeover. Whereas this number of championship wins ance of my time. Squeezing Medicare and Medicaid is 17 more than their next closest compet- Mr. CHAFFETZ. Madam Speaker, I half a trillion dollars is an attack on itor; yield myself such time as I may con- senior citizens. A better bill is H.R. Whereas the contributions of the Yankees’ sume. 3400 for affordability and accessibility. players throughout the season were all vital I rise today in support of House Reso- Our bill will save jobs, while the Pelosi in securing the title; and lution 893, congratulating the 2009 takeover will kill jobs with record 10.2 Whereas the Yankees were guided to vic- Major League Baseball World Series unemployment. tory by Manager Joe Girardi, General Man- ager Brian Cashman, President Randy Le- champions, the New York Yankees. In conclusion, God bless our troops, For the 27th time in the history of and we will never forget September vine, and the leadership of Hank and Hal Steinbrenner: Now therefore be it the World Series, the Yankees have 11th in the global war on terrorism. Resolved, That the House of Representa- once again proven to be the champions Our prayers and sympathy are with the tives congratulates— by defeating the Philadelphia Phillies families of Fort Hood, Texas. (1) the 2009 Major League Baseball World to win the World Series. Again they f Series Champions, the New York Yankees, have distinguished themselves as the for an outstanding season and a record 27th dominant team in baseball. b 0915 World Series Championship win; and (2) the players, coaches, staff and leader- On a cold November evening, the ANNOUNCEMENT BY THE SPEAKER game kept fans riveted to their seats PRO TEMPORE ship of the Yankees organization for their great success. until nearly midnight in the sixth The SPEAKER pro tempore (Ms. The SPEAKER pro tempore. Pursu- game of the series with the Phillies DE ETTE G ). Pursuant to clause 8 of rule ant to the rule, the gentleman from until Mariano Rivera threw his 41st XX, the Chair will postpone further New York (Mr. TOWNS) and the gen- and final pitch of the game to end the proceedings today on motions to sus- tleman from Utah (Mr. CHAFFETZ) each game. pend the rules on which a recorded vote will control 20 minutes. The Yankees, also affectionately or the yeas and nays are ordered, or on The Chair recognizes the gentleman known as the ‘‘Bronx Bombers’’ be- which the vote incurs objection under from New York. cause of their stadium’s location in the clause 6 of rule XX. GENERAL LEAVE Bronx, achieved another exciting vic- Record votes on postponed questions tory for the storied franchise. After will be taken later. Mr. TOWNS. Madam Speaker, I ask unanimous consent that all Members finishing the regular season with base- f have 5 legislative days in which to re- ball’s best record of 103 wins, they CONGRATULATING THE NEW YORK vise and extend their remarks. showed their consummate profes- YANKEES The SPEAKER pro tempore. Is there sionalism by winning it all. They finished the regular season by Mr. TOWNS. Madam Speaker, I move objection to the request of the gen- defeating the Minnesota Twins and to suspend the rules and agree to the tleman from New York? then the Angels to capture the Amer- resolution (H. Res. 893) congratulating There was no objection. ican League Championship. Moving on the 2009 Major League Baseball World Mr. TOWNS. I yield myself such time to the World Series, the Yankees de- Series Champions, the New York Yan- as I may consume. kees. Madam Speaker, I rise today as a feated the National League’s champion The Clerk read the title of the resolu- proud New Yorker to call up this reso- Phillies by winning four out of six tion. lution honoring the New York Yankees games in the series even though the The text of the resolution is as fol- on the occasion of their victory in the Phillies gave it their all to the very lows: 2009 World Series. end. H. RES. 893 With this win, the Yankees once It is of particular note that the Yan- kees’ 27th World Series wins puts them Whereas the New York Yankees are the again have broken their own record as most successful franchise in the history of the most successful Major League in an unequaled place in baseball his- Major League Baseball; Baseball franchise, and of course the tory. They have now won 17 more Whereas prior to this year the Yankees had most successful professional sports World Series than their closest com- won 26 World Series Championships, the franchise in our Nation’s history. petitor. most in the Major Leagues; The achievements of the Yankees are I also want to congratulate the rest Whereas this historic franchise is located made even more remarkable by the of the Yankees organization, all of in the Bronx and is known as the ‘‘Bronx high caliber of the teams they faced whom deserve credit for providing a Bombers’’; throughout the season and in the play- terrific season for so many devoted Whereas the Yankees franchise has included all-time great players; offs. The defending champions, the fans. I would also like to congratulate Whereas for many years the Yankees Philadelphia Phillies, had an out- the Philadelphia Phillies, their fans played baseball in the historic Yankee Sta- standing season and performed well and their players for putting together dium; during the World Series. But Wednes- an exciting season.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12462 CONGRESSIONAL RECORD — HOUSE November 6, 2009 On a particular note, I have the dium area. In fact, I can tell when the the work we have to do. At 11 a.m., in honor of standing here and helping to Yankees are doing well by just opening Mr. TOWNS’ great city and mine, the honor Harry Kalas, who affected so my window and hearing the sound of a Yankees will have a ticker tape parade many people throughout his career. We crowd. Whenever you hear the crowd— along the Canyon of Heroes. After that, were sad to see his passing earlier this I live that close to the stadium—you they will go to city hall at 1 o’clock year; but he touched the lives, in a know the Yankees have scored a run or where every other elected official ex- very positive way, of countless Ameri- gotten a big hit. cept Members of Congress will be there cans, and we will miss him. The Yankees have been a tradition in taking pictures with the Yankees. I reserve the balance of my time, the neighborhood and have been a tra- So that is one of the reasons why we Madam Speaker. dition in sports history. What’s inter- are here today, to do our part in cele- Mr. TOWNS. Madam Speaker, let me esting about it is that, as you know, brating this great team; to do our part thank the gentleman from Utah for his this year they opened up a new sta- in celebrating their home in the Bronx, kind words. I am happy to hear him dium and they won the World Series in New York; to do our part in saying say something great about New York, that stadium. My understanding also is that, yes, we have problems in this and of course our Yankees in par- that they won the first World Series country; yes, we have serious debate; ticular. they played in the old stadium in 1923, yes, we have difficulties, but we can I would like to yield 7 minutes to the The House That Ruth Built. So they take some time to celebrate something gentleman from New York who actu- move, but they still keep their winning that is beautiful, something that we ally represents the area where the Yan- tradition. can come together on. kees play, and of course that’s Con- They are, indeed, the Bronx Bombers, Even Boston Red Sox fans, I’m sure, gressman SERRANO from the Bronx, and they’ve become a sign of perfec- are celebrating the Yankee victory— New York. tion, of teamwork. And much has been well, I try to always tell the truth, but Mr. SERRANO. I thank the gen- said throughout the years about how every so often I bend it a little bit. tleman. I thank the ranking member the Yankees played and how they got Ladies and gentlemen, and to the for his kindness. leadership, thank you very much for I hope, Madam Speaker, that the along or at times didn’t get along, and putting this resolution on the floor. rules can be slightly bent to allow this everyone says that this team came to- Thank you for this opportunity to wonderful hat to sit by me as I speak, gether and played as a true organiza- honor our beloved Yankees. Congratu- but we do bring other charts and other tion and a true institution. They have been in the World Series lations to the Yankee management, to things to the House floor. I have to tell you, I am one of those an astonishing, an amazing 40 times the Steinbrenner family; to my friend, Yankee fans who doesn’t take anything and they have won 27 of those 40 times. Randy Levine; to Joe Girardi; and to for granted, so I was nervous during Professional baseball is a few years all the Yankees that made this the these games and the playoffs. over 100 years old, and 40 percent of the winning season it has been. Congratu- time one team was in that appearance. lations. Viva los Yankees. Thank you. f In 2009, they won 103 games. Then they Mr. CHAFFETZ. Madam Speaker, I ANNOUNCEMENT BY THE SPEAKER went on to defeat the Twins and defeat yield myself such time as I may con- PRO TEMPORE the Angels, and then finally the very sume. The SPEAKER pro tempore. The gen- talented Phillies. They put it all to- You know, baseball is such a great tleman is reminded that wearing a hat gether. sport. It is often referred to as our na- is a violation of the rules. And they put it all together as they tional pastime because it’s a great way Mr. SERRANO. I have proudly worn continue to build on that tradition. We to escape the realities of all the pres- that hat on my head for many years, hear about Ruth and Gehrig; we hear sures that happen in life. It has done and I promise not to wear it during the about DiMaggio and Mantle and Berra, that for so many people and will con- debate, of course, out of respect for the and the other players of the 1950s. Then tinue for decades and centuries to House, which I am proud to be a Mem- we know that there was that period come, I’m sure. But the reality, once ber of. with Reggie Jackson, and the wonder- the game is over and we go back home Having said that, I am not one of ful years with Bernie Williams and the and people start to realize what is those Yankee fans, if there are any, rest of the team. And now we have truly happening in their lives, there is who thinks we are going to win all the Jeter and we have Posada and we have a lot of concern out there. You have time. I am very nervous. I was nervous Pettitte and we have Mariano. And of people all across this country, right in with the Minnesota Twins; I was nerv- course the Yankees in many ways also the pit of their stomach they’re wor- ous with the Angels. I was very nervous do great things beyond New York. ried. They’re worried about their fu- with the talented Phillies. The MVP, Hideki Matsui, my under- ture; they’re worried about their kids; But that does not compare to the standing was, practically shut down they’re worried about their parents. nervousness I felt yesterday when I in- the great country of Japan as they And so we look at statistics that come troduced the resolution and wondered watched the game on TV. Little did out and we just gaze and wonder and if we could get it on the House floor be- they know that their son would become think, gosh, my goodness, what can we fore we left this weekend and before we the MVP by having a fabulous last do to help? Unfortunately, I believe did health care. But thanks to the game with three hits and six RBIs. that we are moving in the wrong direc- chairman and the ranking member and It was, indeed, a wonderful World Se- tion in this country. the leadership, here it is. ries. I understand from my relatives in Earlier this week, we saw some new I rise to pay tribute to the Yankees Puerto Rico that everybody was glued statistics that came out. Supposedly on their 27th World Series champion- to the TV set to see the Yankees, not there were 640,000 jobs that were either ship. As the chairman has said, they only to see the Yankees, but then to created or saved through the stimulus. are the most successful franchise in see how Jorge Posada would do. In the Now, I have serious reservations about sports history. Congratulations espe- Dominican Republic, in the Dominican the accuracy of those numbers. cially should go to the Phillies, the neighborhoods in New York, people They have been often overstated; I Philadelphia Phillies, a fine team, were out in the street watching just to know they were overstated in our world champions prior to this year, see what Robinson Cano and Melky State of Utah. But let’s go ahead and who repeated their championship in Cabrera and others were doing. just assume that that is true. Part of the National League and gave the Yan- So you see, it goes beyond baseball. this report showed that only 2,500 of kees a very tough time. They’re a suc- It is a tradition, and now it has ex- 640,000 jobs were manufacturing jobs. cessful team, and I suspect they will be panded globally. And it is only fitting But the stimulus bill and the economic back next year when I’m sure they will that the most successful team in base- policies instituted by this Congress and play the Yankees again in the World ball would be part of this expansion of this administration have grown gov- Series. baseball throughout the world. ernment; they haven’t grown jobs. We I am very proud to be the Congress- So my congratulations go to the have missed the mark. The very best man who represents the Yankee Sta- Yankees. We will be here today doing hope for our future is to focus on small

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12463 business. It’s going to be businesses Bobby Richardson’s name on it. Who mendous respect, tremendous respect. and the American entrepreneur that could forget his incredible grand slam? We come at problems from different di- are going to grow this country. It is The New York Yankees have always rections. He was sincerely saying that not going to be government. been a franchise that has prided itself he believed that—you know what?—we There is another statistic that was on excellence. Sure, they’ve had some don’t know enough as patients when a released today where the unemploy- bad years along the way, but nobody doctor tells us we need treatment or ment rate unfortunately has gone to touches their record when it comes to when we need an MRI or a test. We 10.2 percent. In many States it has the World Series. It probably goes don’t know enough to say, No, we been in double digits for a long time. without saying, but my friend from don’t, or, Maybe we shouldn’t. We have The stimulus did not work. It is not New York does look good in a New to rely on the doctors, and the doctors doing what it is supposed to do because York Yankee’s hat even though he’s are out to make a profit. You know, it was fundamentally flawed from the not allowed to wear it on the floor. when times get tough, maybe they beginning; it was fundamentally flawed As I thought about the Yankee order more MRIs. Who are we to know? at the start. It did not give relief; it did team—and you go back to, you know, We need that help from the govern- not focus on the small business man thinking about an incredible player ment to make our decisions. and woman. It did not focus on Main like Lou Gehrig, and he considered As I thought about it, can you imag- Street. It was a bailout to government, himself the luckiest man in the world. ine a baseball team that the govern- it was a bailout to the States, and it’s Those were great teams—excellence on ment runs? I mean, if the Nats played fundamentally wrong. the field of play—and you think about nothing but government-run baseball And so at this time, when we are hav- having a closer in the bullpen that, teams, they would have been in the ing such concern about our country, we when you get ahead, you bring in Ri- World Series this year. I mean it’s just are now considering a health care bill I vera, and he’s going to close out, and that pronounced. doubt most any person in the body has you’re going to win, and he knows it. My Democratic friend, again, I have actually fully read let alone com- You know, some of Reggie Jackson’s the utmost respect. He is truly a good prehended from start to finish. It’s cockiness sometimes bothered me, but man, but he just believes, in his heart, 1,990 pages. It is so complex; it is a you just knew that, come late in the that people need that help from the total takeover of health care. It dem- season, no matter whether he’d had a government to make their decisions in onstrates in there that there is going slump or not, the guy was such an in- the most personal areas of their lives. to be a tax increase on medical device credible baseball player that he was I don’t believe that. I believe that you manufacturers, a so-called ‘‘wheelchair going to come through. You just knew let people spend their own money, that tax.’’ Whether you buy your wheelchair because he knew. you encourage tax incentives to have or crutches or need a defibrillator, As I’ve thought over the years of the health savings accounts of people’s own whatever it might be, they’re now incredible excellence of the New York so it’s their own money to be spent on going to have a tax increase. Weren’t Yankees—and this takes a real effort health care and that you don’t let the we promised that there wouldn’t be one on my part to pay tribute to that kind insurance companies make those deci- dime, not one dime of tax increase for of excellence in New York. They have sions. I don’t like them making deci- anybody who is earning less than been good so many times—not just sions for me. I’m changing insurance $250,000? This is a tax that is going to good but great. Then it took me to companies at the end of this year, but be implemented on every single Amer- thinking about all of the cities in we don’t want the government, some of ican, every American. America, including right here in Wash- us, making those calls either. Let’s ington, D.C., which have not been so allow the individuals to excel or to fail b 0930 fortunate, you know, and where wins or to succeed on their own. There are tax increases on small have come so difficultly. It’s such a For those in our society who simply businessmen and -women. Yet we know struggle. You lose week after week, cannot afford to have health savings that 70 percent of the jobs that will be and you think, Do you know what we accounts, let’s give those to them, and created in this country will come from need? Maybe we need a public option then let’s provide the catastrophic in- small businesses. So, at the very time for baseball teams. Why is it fair that surance to cover things above that. we need that economic engine to drive one city gets to have the corner on the That’s in my health care bill. Then en- us forward, to propel us forward as a market of all of the excellence in base- courage everyone else who can to go in country, this administration and the ball? You know, shouldn’t we spread that direction, and let’s not allow the bill we are considering would imple- that around the country? You know, government to make those decisions ment a tax increase at the wrong time. not everybody has the money that New for us. Madam Speaker, I reserve the bal- York City has to spend on baseball, so I saw socialized medicine in 1973 ance of my time. let’s have more choice. where the government makes those de- Mr. TOWNS. Madam Speaker, may I Let’s give the government a few base- cisions for people. They don’t get that inquire as to how much time is remain- ball teams. That way, people can choice, and they would have loved to ing? choose to support the government have had that choice. If you’ve got The SPEAKER pro tempore. The gen- baseball team when their town really your own health savings account and if tleman from New York has 12 minutes can’t afford to have one or they can the insurance company can’t tell you remaining. The gentleman from Utah choose to support the independent what to do and if the government can’t has 15 minutes remaining. baseball teams like those in New York; tell you what to do and if you’re not Mr. TOWNS. Madam Speaker, I re- but we’ll probably need to put a cap on sure that the doctor’s telling you to serve the balance of my time. New York so that everybody will spend get an MRI is the thing to do, then you Mr. CHAFFETZ. Madam Speaker, I exactly the same amount of money. go get a second opinion. You know, of yield as much time as he may consume Nobody can spend more because, you course, that’s where the joke comes in. to the gentleman from Texas (Mr. know, there’s a bigger TV market in Somebody like me goes to a doctor, GOHMERT). New York, which gives them more rev- and he says, I think you’re ugly. Mr. GOHMERT. I appreciate my enue and which allows them to pay I want a second opinion. friend from Utah for yielding. more for baseball players. Even with a Well, you know, you’re not a very Madam Speaker, it is an honor even cap, they’re able to spend more money, good athlete either. for a Texan to pay tribute to the team and it just creates unfairness. We Anyway, we should be able to get sec- from New York. Even as a kid growing should avoid having one team be so ex- ond opinions, not because the govern- up, you know, when I was 6 years old cellent, maybe, by spreading it around ment says that we should, not because and was out on the playground, I was and by letting people choose a govern- the insurance companies say we one of many who wanted to be Mickey ment option baseball team. That’s shouldn’t, but of our own choice. I be- Mantle, as we started playing, and what was occurring to me. lieve in the ability and in the propriety Roger Maris. You know, the first bat I I had a conversation this morning of the individuals. That’s what the was ever given for Christmas had with a Democrat for whom I have tre- Founders believed in.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12464 CONGRESSIONAL RECORD — HOUSE November 6, 2009 The truth of the matter is, if I take SERRANO and I, who both live in the 197; the grant program for health insur- my tongue out of my cheek, the New Bronx, know what a wonderful borough ance cooperatives; a public health in- York Yankees excel as individuals and it is, what a wonderful county it is, and surance option as found on page 211; an as a team. They are given that ability what wonderful people live in the ombudsman for public health insurance to excel. Thank God the New York Bronx neighborhoods. Sometimes the option. Yankees are not a government option, media report on some of the negative No. 16, an account for receipts and because they showed us what incredible things, and every time I go to a com- disbursements for public health insur- baseball really can be when people are munity meeting or see a civic associa- ance option; the telehealth advisory allowed to reach their full potential. tion fighting for its community, I al- committee; a demonstration program That’s what I’d like to see all around, ways ask, Why isn’t the media here? providing reimbursement for culturally including in health care—not a govern- Because this is the real Bronx. I am and linguistically appropriate services ment takeover, not a government tell- very, very proud of the Bronx and am as found on page 617; a demonstration ing us what to do and, thank God, not very, very proud of the symbol of the program for shared decisionmaking a government telling baseball teams Bronx—the New York Yankees. using patient decision aids as articu- whether to pull a squeeze play or They’re not called the Bronx Bomb- lated on page 648; an accountable care whether they can or can’t inten- ers for nothing. They’re called the organization pilot program under Medi- tionally walk somebody. Let the base- Bronx Bombers because they are bomb- care; an independent patient-centered ball teams make their own decisions, ers, and they’re from the Bronx. I’m medical home pilot program under and then you have excellence like we proud to be a Bronxite. I’m proud to Medicare. saw this year in the New York Yan- live in the Bronx, and I’m proud of the No. 22, a community-based medical kees. New York Yankees. home pilot program under Medicare; an Mr. TOWNS. Madam Speaker, before I know it’s violating rules to put a independence at home demonstration I yield 5 minutes to the gentleman hat on, but I’m going to do it just for program; the center for comparative from New York, I would just like to 2 seconds because I think it’s really im- effectiveness research as found on page say that, for a moment there, I thought portant that I put this on. This hat is 734; the comparative effectiveness re- the gentleman from Texas was trying worn more than any other hat. We see search commission; the patient om- to help us close a doughnut hole, but people in far corners of the world who budsman for comparative effectiveness after a point there, I wasn’t sure as to are wearing a Yankee hat. In Asia, in research; a quality assurance and per- where he was going. First, he praised Africa, in Europe, in the Middle East, formance improvement program for the Yankees, and then at the same wherever we go, we see people wearing skilled nursing facilities. time, he indicated that there were Yankee hats. So it’s really a symbol of b 0945 some problems. The point is that, at unity. It’s a symbol at a time when we No. 28, the quality assurance and im- the end, he indicated that he was very need unity, not only in this country provement program for nursing facili- supportive of the Yankees. but around the world. I’m just so proud ties; a special focus facility program We want to thank you for that. of the New York Yankees—of the for skilled nursing facilities; special I yield 5 minutes to the gentleman Bronx Bombers—and I’m proud to be a focus facility program for nursing fa- from New York (Mr. ENGEL). son of the Bronx. cilities; the national independent mon- Mr. ENGEL. I thank my friend from Mr. CHAFFETZ. I yield myself such itor pilot program for skilled nursing New York for yielding to me. time as I may consume. facilities and nursing facilities, as I think the gentleman from Texas Madam Speaker, again, we congratu- found on page 859; a demonstration pro- came out in favor of a public option, so late the New York Yankees, but we gram for approved teaching health cen- I’m really happy about that. also recognize that the administration, ters with respect to Medicare GME; Madam Speaker, I rise this morning, the people who work there, the guy pilot program to develop anti-fraud of course, to congratulate the New who sells the popcorn, and the fans who compliance systems for Medicare pro- York Yankees on its 27th winning of go there are also going to have to deal viders. the World Series. with the realities of what’s happening We are up to No. 33. We have to get I’m about as Bronx as you can get. I and what will potentially happen with to 118. There is no possible way that was born in the Bronx, and I’ve rep- this health care bill that we are deal- this body understands the complexity resented parts of the Bronx for the past ing with. and what all of these programs do— 21 years. I still live in the Bronx. I al- One of the deep concerns that we that’s the point—let alone the Amer- ways tease Mr. SERRANO because, you have about what these fans, the play- ican people. We need time to digest know, we change district lines. Every ers, and particularly their wives, are this. Somehow the President wants to 10 years, we get redistricted, and if we going to have to deal with in our po- take more than 60 days to study a pro- still had the 1992–2002 lines, Yankee tentially passing this 1,990-page bill is gram because it’s of deep significance Stadium would be in my district in- that there are 118 new boards, bureauc- to what we will do or not do in Afghan- stead of in Mr. SERRANO’s. racies, commissions, and programs istan; yet we have hours to digest I was there at the World Series. I was that we believe are created within that what’s going to affect 16-plus percent there for game 6, and I can tell every- bill. Let me just read the list. I’m of our economy in all of these different one that the celebration after the Yan- going to go through this as fast as I programs. kees won, both in Yankee Stadium and possibly can. Bear with me here. No. 34, the special inspector general outside of Yankee Stadium on River The retiree reserve trust fund; the for the health insurance exchange; the Avenue and 161st Street, was like New grant program for wellness programs medical home pilot program under Year’s Eve. I’ve never seen anything to small employers; the grant program Medicare, as found on page 1,058; ac- like it in my life. for State health access programs; the countable care organization pilot pro- As we speak today, the Yankees are program of administrative simplifica- gram under Medicaid; the nursing fa- in New York, having a ticker-tape pa- tion found on page 76; the health bene- cility supplemental payment program; rade up Broadway. We all wish we fits advisory committee; the health a demonstration program for Medicaid could be there, but of course we have choices administration; the qualified coverage to stabilize emergency med- pressing business here in Washington, health benefits plan ombudsman; the ical conditions in institutions for men- so we are in Washington, but if I could, health insurance exchange; a program tal diseases; comparative effectiveness I would be in New York for the ticker- for technical assistance to employees research trust fund; ‘‘identifiable office tape parade, which is just a fantastic of small businesses buying exchange or program’’ within CMS to ‘‘provide experience. Several years ago, I had the coverage as found on page 191; a mecha- for improved coordination between experience of riding in the ticker-tape nism for insurance risk pooling to be Medicare and Medicaid in the case of parade. I am very proud of the Yankees established by health choices commis- dual eligibles,’’ as found on page 1,191; and of what they have done. sioner; the health insurance exchange the center for medicare and medicaid You know, the Bronx, for many trust fund; the State-based health in- innovation. Again, this is No. 41 on the years, has been maligned. Congressman surance exchanges as found on page list.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12465 No. 42, public health investment ized that he was just confused about talk baseball, we want to talk about fund; No. 43, scholarships for service in the issue this morning. health care. health professional needs areas; pro- Let’s me just say to you, Madam The only thing that I am concerned gram for training medical residents in Speaker, the story of the New York about is, yes, we are going to go ahead community-based settings; grant pro- Yankees and the story of baseball is and recognize the New York Yankees. I gram for training in dentistry pro- the story of America. With hard work, urge the adoption of this and spoke to grams; public health workforce corps; talent, the support of a community, that. But while the New York Yankees the public health workforce scholar- and a little bit of luck, they have been are winning the World Series, the ship program, as found on page 1,254; able to find success. American families are striking out. No. 48 on the list, public health work- When I think about the Bronx and That’s the point. That’s the point. force loan forgiveness program; No. 49, what this team has done, not only for We can pause for a moment and rec- grant program for innovations in inter- the Bronx but for the City of New York ognize the New York Yankees. We can disciplinary care; No. 50, advisory com- and the Nation in terms of how people pause, and we should, for an extended mittee on health workforce evaluation rallied around, and the economic devel- time of what happened at Fort Hood. and assessment. opment that has come out of it and the We also have to remember the focus on Madam Speaker, I would like to in- fact that people have been able to be the debate in this body ought to be quire as to how much time we have re- provided with a lot of things they about the serious issues of this day, maining? would not have been able to be pro- and there are deep concerns about the The SPEAKER pro tempore. The gen- vided with as a result of their success 1,990-page health care bill that is going tleman from Utah has 1 minute re- and as a result of them being placed in to come before this body because there maining. the Bronx, I want you to know that I are those of us who don’t fully believe Mr. CHAFFETZ. I reserve the bal- see this as truly a team effort in terms that we understand all of the implica- ance of my time. of the community being involved; of tions, unintended consequences, and di- Mr. TOWNS. Does the gentleman course, in terms of the City of New rect consequences of what is found in have other speakers? York being involved; and of course, the that bill. Mr. CHAFFETZ. I have one speaker Nation being involved because of the Madam Speaker, I yield back the bal- remaining. fact that, as my colleague from New ance of my time. Mr. TOWNS. How much time do we York, Congressman ENGEL, pointed out Mr. TOWNS. I yield 1 minute to the have available on this side, Madam that you see people all around the gentleman from the Bronx, Mr. Speaker? world wearing hats that say New York, SERRANO. The SPEAKER pro tempore. The gen- New York Yankees, because they are Mr. SERRANO. I thank the gentleman from New York has 81⁄2 minutes proud and they know in terms of what tleman. remaining. the team has meant not only to the I understand what the other side is Mr. TOWNS. I yield myself as much city but to the Nation. trying to do. I don’t think the Amer- time as I may consume. On this note, Madam Speaker, I, of ican people have a problem with the I just want to make certain my course, say to my colleague, this is H. fact that we pause momentarily in our friend from Utah understands what we Res. 893 congratulating Major League very serious work to celebrate some- are talking about here this morning. I Baseball and not H.R. 3962. thing positive that is happening in our think he is confused. I think he thinks Mr. ENGEL. Would the gentleman country; just the way we pause when this is H.R. 3962, but this is a resolu- yield? something terrible happens, a tragedy, tion congratulating the 2009 Major Mr. TOWNS. I would be delighted to we pause to take time out. League Baseball World Series Cham- yield to the gentleman from New York. I make no excuses about the fact pions, which is the New York Yankees. Mr. ENGEL. I want to thank my that this is a resolution I brought to I want to make certain that he under- friend, Mr. TOWNS, for pointing out the floor and that I sponsored this res- stands that’s what this discussion is that this is a resolution supporting and olution. But I really think it’s a shame about because for a moment there I congratulating the New York Yankees. that we would take this moment to use thought he was talking about H.R. 3962. I grew up less than a mile from Yankee it to attack on a partisan issue other I understand that debate is going to be Stadium, and I have seen the Bronx issues. tomorrow. during good times and bad times. These The New York Yankees won the I don’t know whether he is generally are good times now. World Series. Americans love sports. a day early in matters of this nature or So I want to congratulate the Americans celebrate success, and I am what, but the point is that I just want Steinbrenner family. I want to con- positive that there is not a single to make it clear to let him know that’s gratulate Randy Levine and Lonn American in this country, except for what we are talking about, the New Trost and all the others who are con- some in this House, who would think York Yankees who won the World Se- nected with the New York Yankees. that what we are doing today is wrong. ries, and this resolution deals with I am glad that the gentleman from This weekend we will deal with the that. I just want to sort of remind him, New York (Mr. TOWNS) pointed out biggest issue of our time. For this mo- just in case he had forgotten what we that this is a resolution about the Yan- ment, for these 20 minutes of this were talking about. He is a very good kees. Frankly, I think that people whole week, we take to celebrate the friend of mine, incidentally. We have should have the respect to talk about American pastime, baseball and its been traveling together and all of that. the Yankees when we are debating a global implications in bringing so I am telling you this morning I am resolution about the Yankees, not to many people together. convinced that he is confused. This is talk about other bills or other things The SPEAKER pro tempore. The gen- about baseball, of the Yankees winning that the Congress is doing. tleman from Utah’s time has expired. the World Series, and he keeps think- I would hope that our friends on both The gentleman from New York has 3 ing it’s about health care. sides of the aisle would respect that minutes remaining. I just want to make certain that he and would congratulate us and would Mr. TOWNS. Madam Speaker, let me knows that because I listened to his congratulate the New York Yankees. say to the gentleman from Utah, one of comments very carefully, and I can’t Mr. TOWNS. Madam Speaker, I re- the great athletes of our time holds see anything that connects with base- serve the balance of my time. records in terms of kicks, field goals, ball in the conversation that he has Mr. CHAFFETZ. Madam Speaker, I extra points, all of that, a person who put forward. I thought maybe one time yield myself such time as I may con- should be deeply indebted to sports and he was talking about somebody strik- sume. to athletics because I am certain that ing out, but then I listened real care- I would like to concur with, actually, he said sometime during his life that I fully, and no, maybe he is talking my friend from New York. He is a dis- would not be what I am or I could not about hitting a home run. Then I lis- tinguished Member of this body. I be what I am if it had not been for tened a little carefully, and he wasn’t agree that there is confusion in this sports. I am sure he has made speeches talking about a home run. Then I real- room. While the Democrats want to and has said that along the way, that

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12466 CONGRESSIONAL RECORD — HOUSE November 6, 2009 everything that I am and everything I franchise in North American professional ‘‘(14) CREDIT REPORTING INFORMATION.—The hope to be, I owe it to football. I am sports history. This would not have been pos- Administrator shall establish a process, for certain he said it. sible without the contributions of some of use by an intermediary making a loan to a But then to come this morning and borrower under this subsection, under which baseball’s greatest players. Historic players the intermediary shall provide to the major to ignore the accomplishments of a like Babe Ruth, Joe DiMaggio, Mickey Mantle, credit reporting agencies the information team that won the World Series—and Lou Gehrig, Yogi Berra, Elston Howard, Roger about the borrower, both positive and nega- we are pausing for 20 minutes to say Maris, Reggie Jackson, Don Mattingly, Ricky tive, that is relevant to credit reporting, congratulations—I don’t think, to me, Henderson, Bernie Williams, Willie Randolph, such as the payment activity of the borrower that’s out of line. Paul O’Neill, Mariano Rivera, Coach Joe on the loan. Such process shall allow an But I do think that when you twist it Girardi, Alex Rodriguez, Andy Pettitte and my intermediary the option of providing infor- and you talk about something else all time favorite, Derek Jeter. These players mation to the major credit reporting agen- that’s not related to the resolution, I cies through the Administration or inde- have all contributed to the fame and legacy of pendently.’’. think that’s unfair, and I think that I this historic franchise. SEC. 3. FLEXIBLE CREDIT TERMS. would use a word that might be a little Throughout my entire life, the Yankees have strong for him. I would say that’s inap- Section 7(m) of the Small Business Act (15 been a symbol of great baseball and epito- U.S.C. 636(m)), as amended by this Act, is propriate on this occasion anyway, rec- mized the vibrant spirit, unyielding hope and further amended— ognizing that I know that he has been strength of the great city of New York. The (1) in paragraph (1)(B)(i) by striking very involved in athletics. city’s history has been through much adversity ‘‘short-term,’’; Of course, Madam Speaker, I would and challenge. Thankfully, the Yankees have (2) in paragraph (6)(A) by striking ‘‘short- like to take this time to recognize the helped us get through the best of times and term,’’; and Yankees again and to say to them and the worst of times. Their winning history has (3) in paragraph (11)(B) by striking ‘‘short- to Mr. Steinbrenner and, of course, helped lift our spirit and boost our morale term,’’. Randy Levine and all of them that had through the Great Depression, the terrorist at- SEC. 4. INCREASED PROGRAM PARTICIPATION. the opportunity to put together this tacks of September 11, 2001, and this current Section 7(m)(2) of the Small Business Act magnificent team that has made all of (15 U.S.C. 636(m)(2)) is amended— economic crisis. Over the years, this great (1) in subparagraph (A) by striking ‘‘para- us proud. franchise has lit the torch of honor and resil- Of course, we again salute the New graph (10)’’ and inserting ‘‘paragraph (11)’’; ience, showing the nation that no matter what and York Yankees, the world champions, our city, state or country goes through, victory (2) by amending subparagraph (B) to read who happens to be a team that is based is on the horizon. as follows: in the Bronx. I congratulate the franchise owner, George ‘‘(B) has— Mr. MCMAHON. Madam Speaker, I rise Steinbrenner, as well as manager Joe Girardi, ‘‘(i) at least— today to congratulate the New York Yankees, the players, the staff, the millions of fans all ‘‘(I) 1 year of experience making baseball’s most storied franchise, on winning microloans to startup, newly established, or over the world and all who contributed to this growing small business concerns; or their 27th World Series. After a hard-fought monumental achievement. series, the Yankees won game six at home in ‘‘(II) 1 full-time employee who has not less Mr. TOWNS. Madam Speaker, I yield than 3 years of experience making the Bronx against the Philadelphia Phillies. back the balance of my time. microloans to startup, newly established, or Winning their record 27th World Series is The SPEAKER pro tempore. The growing small business concerns; and something that the whole organization, city, question is on the motion offered by ‘‘(ii) at least— and State can be proud of. I am elated to join the gentleman from New York (Mr. ‘‘(I) 1 year of experience providing, as an my fellow Representatives from New York and TOWNS) that the House suspend the integral part of its microloan program, in- Representatives from across this great country rules and agree to the resolution, H. tensive marketing, management, and technical assistance to its borrowers; or in honoring this historic moment. The Yankees Res. 893. have won more championships than any other ‘‘(II) 1 full-time employee who has not less The question was taken. than 1 year of experience providing intensive baseball club in history. The SPEAKER pro tempore. In the marketing, management, and technical as- The Yankees certainly have a season to be opinion of the Chair, two-thirds being sistance to borrowers.’’. proud of. After finishing at the top of the Amer- in the affirmative, the ayes have it. SEC. 5. INCREASED LIMIT ON INTERMEDIARY ican League’s Eastern Division, the Yankees Mr. SERRANO. Mr. Speaker, on that BORROWING. went on to beat the Minnesota Twins 3–0 in I demand the yeas and nays. Section 7(m)(3)(C) of the Small Business the American League Division Series. Facing The yeas and nays were ordered. Act (15 U.S.C. 636(m)(3)(C)) is amended— off against the Los Angeles Angels of Ana- The SPEAKER pro tempore. Pursu- (1) by striking ‘‘$750,000’’ and inserting ‘‘$1,000,000’’; heim in the American League Championship ant to clause 8 of rule XX and the Series, the Yankees fought hard to win the se- (2) by striking ‘‘$3,500,000’’ and inserting Chair’s prior announcement, further ‘‘$7,000,000’’; and ries four games to two. proceedings on this motion will be (3) by adding at the end the following: Under the leadership of team captain and postponed. ‘‘The Administrator may treat the amount ten-time all-star Derek Jeter, the Yankees of $7,000,000 in this subparagraph as if such f have added another heroic chapter to the amount is $10,000,000 if the Administrator de- story that already includes such immortals and SMALL BUSINESS MICROLENDING termines, with respect to an intermediary, Lou Gehrig, Babe Ruth, Joe DiMaggio, Mickey EXPANSION ACT OF 2009 that such treatment is appropriate.’’. Mantle, Yogi Berra, Reggie Jackson, and Don Ms. VELA´ ZQUEZ. Madam Speaker, I SEC. 6. EXPANDED BORROWER EDUCATION AS- Mattingly. I am proud to not only be from the SISTANCE. move to suspend the rules and pass the Section 7(m)(4)(E) of the Small Business great city of New York, but I am also proud to bill (H.R. 3737) to amend the Small represent the Yankees minor league affiliate, Act (15 U.S.C. 636(m)(4)(E)) is amended— Business Act to improve the Microloan (1) in clause (i) by striking ‘‘25 percent’’ the Staten Island Yankees, also known as the Program, and for other purposes, as and inserting ‘‘35 percent’’; and Baby Bombers. amended. (2) in clause (ii) by striking ‘‘25 percent’’ The Yankees and their farm teams bring The Clerk read the title of the bill. and inserting ‘‘35 percent’’. much to the places they reside. They bring, The text of the bill is as follows: SEC. 7. YOUNG ENTREPRENEURS PROGRAM. pride, hope, jobs, and on occasions such as H.R. 3737 Section 7(m)(4) of the Small Business Act this week, they bring happiness and joy to (15 U.S.C. 636(m)(4)) is amended by adding at their many supporters. Be it enacted by the Senate and House of Rep- the end the following: resentatives of the United States of America in Ms. CLARKE. Madam Speaker, I rise today ‘‘(G) YOUNG ENTREPRENEURS PROGRAM.— Congress assembled, in an Empire State of Mind, to voice my full ‘‘(i) IN GENERAL.—An intermediary that re- support of H. Res. 893. I am a lifelong New SECTION 1. SHORT TITLE. ceives a grant under paragraph (1)(B)(ii) may This Act may be cited as the ‘‘Small Busi- Yorker and proud to stand with the New York establish a program for the geographic area ness Microlending Expansion Act of 2009’’. served by such intermediary that provides to City Congressional Delegation and congratu- SEC. 2. MICROLOAN CREDIT BUILDING INITIA- young entrepreneurs technical assistance relate the ‘‘Bronx Bombers,’’ also known as the TIVE. garding the following: New York Yankees on winning their 27th Section 7(m) of the Small Business Act (15 ‘‘(I) Establishing or operating a small busi- World Championship. Amazingly, the Yankees U.S.C. 636(m)) is amended by adding at the ness concern in the geographic area served have won more championships than any other end the following: by the intermediary.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12467 ‘‘(II) Acquiring or securing financing to ‘‘(F) The number of jobs created and re- b 1000 carry out the activities described in sub- tained as a result of microloans and mar- New businesses mean new jobs. With clause (I). keting, management, and technical assist- ‘‘(ii) YOUNG ENTREPRENEUR DEFINED.—For ance provided by each such intermediary. this bill, we are making the microloan purposes of this subparagraph, a young en- ‘‘(G) The repayment history of each such program an even more powerful tool trepreneur is an individual who— intermediary. for job creation. ‘‘(I) is 25 years of age or younger; and ‘‘(H) The number of businesses that The legislation before us will make a ‘‘(II) has resided in the geographic area achieved success after receipt of a number of important changes to im- served by the intermediary for not less than microloan.’’. prove how the SBA microloan program 2 years. SEC. 10. SURPLUS INTEREST RATE SUBSIDY FOR functions. Under the bill, we will re- ‘‘(iii) GOOD FAITH EFFORT REQUIREMENT.—If BUSINESSES. duce the interest rate that borrowers a young entrepreneur who receives technical Section 7(m) of the Small Business Act (15 pay in the program. The bill will also assistance under this subparagraph from an U.S.C. 636(m)), as amended by this Act, is help more lenders get involved in the intermediary establishes or operates a small further amended by adding at the end the program, giving businesses more op- business concern, the young entrepreneur following: tions and making it easier to access shall make a good faith effort to establish or ‘‘(16) INTEREST ASSISTANCE.—The Adminis- operate such concern in the geographic area trator is authorized to make grants to inter- the program. And this legislation will served by the intermediary. mediaries for the purposes of reducing inter- allow existing lenders to increase the ‘‘(iv) DEFERRED REPAYMENT.—If a small est rates charged to borrowers that receive amount of money they lend. These business concern established or operated by financing under this subsection.’’. changes will expand the program’s ca- a young entrepreneur receives a loan under SEC. 11. AUTHORIZATION OF APPROPRIATIONS. pacity and mean additional capital this subsection, such concern may defer re- Section 20 of the Small Business Act (15 flows to small businesses. payment on such loan for a period of not U.S.C. 631 note) is amended by inserting Finally, the bill allows lenders to more than 6 months beginning on the date after subsection (e) the following: spend more on providing technical as- that such concern receives the final disburse- ‘‘(f) FISCAL YEARS 2010 AND 2011 WITH RE- ment of such loan.’’. sistance for small firms. The valuable SPECT TO SECTION 7(m).— SEC. 8. INTEREST RATES AND LOAN SIZE. services that microlenders provide, ‘‘(1) PROGRAM LEVELS.—For the programs like teaching entrepreneurs how to Section 7(m) of the Small Business Act (15 authorized by this Act, the Administration U.S.C. 636(m)), as amended by this Act, is is authorized to make during each of fiscal write a business plan, often means the further amended— years 2010 and 2011— different between a new venture suc- (1) in paragraph (3)(F)(iii) by striking ‘‘(A) $80,000,000 in technical assistance ceeding or failing. ‘‘$7,500’’ and inserting ‘‘$10,000’’; grants, as provided in section 7(m); The American spirit of entrepreneur- (2) in paragraph (6)(C)(i) by striking ‘‘(B) $110,000,000 in direct loans, as provided ship is critical during times of eco- ‘‘$7,500’’ and inserting ‘‘$10,000’’; and in section 7(m); and nomic downturn. By improving the (3) in paragraph (6)(C)(ii) by striking ‘‘(C) $10,000,000 in interest assistance SBA’s microloan program and getting ‘‘$7,500’’ and inserting ‘‘$10,000’’. grants, as provided in section 7(m)(16). more capital in the hands of small SEC. 9. REPORTING REQUIREMENT. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— Section 7(m) of the Small Business Act (15 business owners, this bill will accel- There is authorized to be appropriated such erate our Nation’s recovery. I urge the U.S.C. 636(m)), as amended by this Act, is sums as may be necessary to carry out para- further amended by adding at the end the graph (1).’’. bill’s passage. I reserve the balance of my time. following: SEC. 12. REGULATIONS. ‘‘(15) REPORTING REQUIREMENT.—Not later Mr. GRAVES. Mr. Speaker, I yield Except as otherwise provided in this Act or than 90 days after the end of each fiscal year, in amendments made by this Act, after an myself such time as I may consume. the Administrator shall submit to the Com- opportunity for notice and comment, but not Mr. Speaker, I rise today in support mittee on Small Business of the House of later than 180 days after the date of the en- of H.R. 3737, which is the Small Busi- Representatives and the Committee on actment of this Act, the Administrator shall ness Microlending Expansion Act of Small Business and Entrepreneurship of the issue regulations to carry out this Act and 2009, and with that, I will go ahead and Senate a report that includes, with respect the amendments made by this Act. yield such time as he may consume to to such fiscal year of the microloan program, the following: The SPEAKER pro tempore. Pursu- the gentleman from Indiana (Mr. ‘‘(A) The names and locations of each ant to the rule, the gentlewoman from PENCE), who is the Chairman of the Re- intermediary that received funds to make New York (Ms. VELA´ ZQUEZ) and the publican Caucus. microloans or provide marketing, manage- gentleman from Missouri (Mr. GRAVES) (Mr. PENCE asked and was given per- ment, and technical assistance. each will control 20 minutes. mission to revise and extend his re- ‘‘(B) The amounts of each loan and each The Chair recognizes the gentle- marks.) grant provided to each such intermediary in Mr. PENCE. Mr. Speaker, first, I woman from New York. such fiscal year and in prior fiscal years. ´ thank the gentleman for yielding. ‘‘(C) A description of the contributions Ms. VELAZQUEZ. Madam Speaker, I Let me thank the chairman of the from non-Federal sources of each such inter- just would like the record to reflect the committee and the ranking member for mediary. fact that I am a Mets fan, and I do not working in a bipartisan way on what is ‘‘(D) The number and amounts of associate myself with the previous very worthy legislation that I support. microloans made by each such intermediary comments. to all borrowers and to each of the following: Small business America is the engine During economic downturns, like the of the American economy, and I appre- ‘‘(i) Women entrepreneurs and business one our Nation faces today, many owners. ciate in these tumultuous times the de- ‘‘(ii) Low-income entrepreneurs and busi- Americans who cannot find work else- velopment of this program in this leg- ness owners. where take the initiative to launch islation. ‘‘(iii) Veteran entrepreneurs and business their own ventures. Time and time But I rise today with a heavy heart, owners. again, these start-up businesses have Mr. Speaker, a heavy heart, because ‘‘(iv) Disabled entrepreneurs and business helped strengthen the economy, cre- this morning we crossed a milestone. owners. ated new jobs, and led our Nation to re- Unemployment was announced this ‘‘(v) Minority entrepreneurs and business covery. And in the short term, these morning at 10.2 percent, the worst rate owners. new businesses give hard-working ‘‘(E) A description of the marketing, man- of unemployment in the United States agement, and technical assistance provided Americans a way to support their fami- of America since 1983. Now, that is just by each such intermediary to all borrowers lies when times are tough. a number, but I can’t help but feel and and to each of the following: The Small Business Administration’s see in my mind the faces and the fami- ‘‘(i) Women entrepreneurs and business microloan program helps entrepreneurs lies and the businesses that that rep- owners. secure the start-up capital they need to resents. ‘‘(ii) Low-income entrepreneurs and busi- get new ventures off the ground. Working families, small businesses, ness owners. Microloans have always been a great and family farmers in this country are ‘‘(iii) Veteran entrepreneurs and business tool for job creation. At its core, this owners. hurting; and at 10.2 percent unemploy- ‘‘(iv) Disabled entrepreneurs and business program is about helping Americans ment, it is time for this Congress to owners. with a good business idea take the first rethink the approach that we have ‘‘(v) Minority entrepreneurs and business step to get a new business off the taken to legislation and to this econ- owners. ground. omy.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12468 CONGRESSIONAL RECORD — HOUSE November 6, 2009 First, on the economy. Clearly, the 1,990-page bill creating a massive new idea, and that is why they are in the so-called stimulus bill that was passed government-run insurance plan at a minority today. in February of this year has failed. The time when working families and small I would like to take this opportunity American people know that we can’t businesses are struggling and shedding to commend the sponsor of this bill, borrow and spend and bail our way jobs and making sacrifices at home and Mr. ELLSWORTH from Indiana. back to a growing economy. But, sadly, at work just to keep the lights on and I would like to inquire from the that was the approach that this admin- the doors open is unthinkable. ranking member if he has further istration and this majority took. Bor- So, Mr. Speaker, I plead with this speakers at this time? rowing more than $700 billion from fu- party: Belay your plans to launch a Mr. GRAVES. Just myself, Mr. ture generations of Americans, spread- government takeover of health care. Speaker. ing it out in a wish list of liberal Put the interests of American families Ms. VELA´ ZQUEZ. I reserve my time. spending priorities, has seen unemploy- in this hurting economy first. Let’s not Mr. GRAVES. Mr. Speaker, just be- ment go from 7.5 percent at the time add the insult of a massive new govern- fore I get started, in talking about the the stimulus bill was passed to today’s ment program to the injury of 10.2 per- last bill that was up, I want the chair- gut-wrenching 10.2 percent unemploy- cent unemployment. man of the committee to know that I ment. So we have got to take a dif- And one last point. I note, Mr. am going to reserve my judgment on ferent approach to this economy. Speaker, an admired colleague of mine how I am going to vote on that bill, Back in Indiana, I can tell you a lot just moments ago said on the floor of since we have a recorded vote, until I of things we focus on out here are not this House that it was a shame that consult with her, given her statement really what I hear about walking up Members of the minority were using that she is a Mets fan. So I just wanted and down the streets of Muncie and An- unrelated legislation to talk about to make sure she knew that. So I will derson and New Castle, Indiana. I hear health care reform, and I don’t be- wait to see how she votes before I make people talking about jobs. People are grudge that esteemed Member his opin- a decision on how I am going to vote on asking, when is Congress going to get ion. that. the message that the time has come for But let me say, with press reports Mr. Speaker, I mentioned earlier I do us to enact fast-acting tax relief for that suggest that we won’t spend any rise today in support of H.R. 3737, working families, small businesses, and more than half a day on the floor of which is the Small Business Micro- family farms, tax relief that would this House debating what could lending Expansion Act of 2009. The take effect right now, hit the bottom amount to a government takeover of committee has worked on a very bipar- line of households and businesses all one-sixth of the American economy, it tisan basis to bring this technical but across this country right now? is a shame. There are great ideas on very important piece of legislation to Republicans offered an alternative to the Democrat side of the aisle. I want the floor. the so-called stimulus bill earlier this to say without hesitation, there are H.R. 3737 represents the first sub- year that, using the economic models better ideas on the Republican side of stantive change to the microloan proof the White House at the time, would the aisle. gram in nearly a decade. In the United have cost half as much and created But why don’t we let the People’s States, microlending is used as poten- twice as many jobs; and there is still House work its will? Why don’t we tial engines of economic activity for time to get it right. start the debate immediately? Let’s those individuals that do not have ac- The lessons of history are clear: John bring the hundreds of amendments that cess to commercial financial institu- F. Kennedy knew it, Ronald Reagan Republicans and Democrats have of- tions and the technical knowledge knew it, and after the Towers fell, fered, as we do with appropriations needed to start a small business. George W. Bush knew it. The way to bills, let’s bring them to the floor. The Small Business Administration jump-start the American economy is to Let’s have wide-open, free-wheeling de- created a pilot program and Congress give the American people more of their bate, and let’s call the votes one after created a permanent authority for the hard-earned tax dollars to spend on another. I have nowhere to be, except program in 1992. SBA does not provide their families and on their enterprises, home standing with my veterans next micro-credit directly to entrepreneurs. and that we should do. That is first. Wednesday, from now until Thanks- Instead, the SBA provides below-mar- Secondly, let me say I think the time giving. So let’s get started. Let’s go ket rate loans to nonprofit inter- has come, Mr. Speaker, for this Con- around the clock. mediaries. These institutions then gress to make the priorities of the The people that should be feeling make loans to entrepreneurs. American people its priorities and set shame, Mr. Speaker, are those that As with other SBA financing pro- aside this massive government take- would pile drive through this Congress grams, the SBA does not provide all over of health care that is being driven a massive expansion of the Federal the funds for financing. Intermediaries to the floor of the Congress tomorrow, Government, an enormous increase in must contribute 15 percent of the value with $700 billion in higher taxes, with taxes, at a heart-breaking time when of loans in non-Federal funds. $1.3 trillion in new spending. 111 new unemployment reaches historic levels But the key to the success of micro- government programs and bureauc- in this generation. It is time for Wash- lending is not the loans, but, rather, it racies are created; 43 entitlements are ington, DC, to listen to the heart of the is the education and counseling that created or expanded. American people and make their prior- the intermediaries provide to their bor- At 10.2 percent unemployment, now ities our priorities. rowers. With this knowledge, these en- is not the time to launch a massive GENERAL LEAVE trepreneurs are able to manage their fi- new government-run insurance plan Ms. VELA´ ZQUEZ. Mr. Speaker, I ask nancial resources and ensure repay- and pay for it on the backs of working unanimous consent that all Members ment of the loans. The success is dem- families, small businesses, and family may have 5 legislative days in which to onstrated by the very low number of farms. revise and extend their remarks and in- defaults by borrowers and cost-effec- An analysis of the tax increase, there clude extraneous material on H.R. 3737, tive means by which it produces jobs in is $729.5 billion in new taxes on small as amended. areas that need economic revitaliza- businesses and individuals who can’t The SPEAKER pro tempore (Mr. tion. afford health coverage in the Democrat SERRANO). Is there objection to the re- Despite its success, the microloan health care bill. I saw one piece of quest of the gentleman from New program needs to be revised in light of analysis that suggested that, despite York? changes to the economy during the the President’s promise in last year’s There was no objection. past 6 years and in some cases to up- election that he would allow no tax in- Ms. VELA´ ZQUEZ. I yield myself such date matters that have not been al- creases on any Americans that make time as I may consume. tered since the program’s inception less than $200,000 per year, 87 percent of I just would like to comment to the more than 15 years ago. the new taxes in the Democrat health previous speaker that it seems like the Microlenders exist mainly because care bill will be paid by Americans who American public didn’t buy the argu- normal commercial lending institu- make less than $200,000 per year. A ment that the other side has a better tions do not provide access to credit for

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12469 those who are highly credit risky. One The Clerk read the title of the bill. ciency shall receive the maximum award way to improve that is to have bor- The text of the bill is as follows: under this subparagraph. ‘‘(B) The second tier shall be to conduct a rowers’ histories passed along to credit H.R. 1838 3-year project in a situation where a first- bureaus, and I think having the SBA Be it enacted by the Senate and House of Rep- tier project is being completed. Such a work with the intermediaries to ac- resentatives of the United States of America in project shall be in a total amount of not complish the delivery of credit his- Congress assembled, more than $100,000 per year. tories will benefit borrowers. SECTION 1. NOTIFICATION OF GRANTS; PUBLICA- ‘‘(C) The third tier shall be to conduct a 3- TION OF GRANT AMOUNTS. 1015 year project in a situation where a second- b Section 29 of the Small Business Act (15 tier project is being completed. Such a H.R. 3737 also enables the inter- U.S.C. 656) is amended by adding at the end project shall be in a total amount of not mediaries to determine the length of the following new subsection: more than $100,000 per year. Third-tier grants the credit that will be made available ‘‘(o) NOTIFICATION OF GRANTS; PUBLICATION shall be renewable subject to established eli- to the borrowers. Given the expertise OF GRANT AMOUNTS.—The Administrator gibility criteria as well as criteria in sub- of the intermediaries, it makes abun- shall disburse funds to a women’s business section (b)(4). center not later than 1 month after the cen- ‘‘(3) ALLOCATION OF FUNDS.—Of the dant sense for the determinations on ter’s application is approved under this sec- amounts made available for assistance under the length of loans to rest with the tion. At the end of each fiscal year the Ad- this subsection, the Administrator shall allo- intermediaries and the borrowers. I ministrator (acting through the Office of cate— want to emphasize that this change has Women’s Business ownership) shall publish ‘‘(A) at least 40 percent for first-tier no impact on the loan obligations of on the Administration’s website a report set- projects under paragraph (2)(A); intermediaries to the SBA. So the ting forth the total amount of the grants ‘‘(B) 20 percent for second-tier projects change involves no risk to the Federal made under this Act to each women’s busi- under paragraph (2)(B); and Treasury. ness center in the fiscal year for which the ‘‘(C) the remainder for third-tier projects report is issued, the total amount of such H.R. 3737 also raises the level of the under paragraph (2)(C). grants made in each prior fiscal year to each ‘‘(4) BENCHMARKS FOR THIRD-TIER average loan size in the intermediary’s such center, and the total amount of private PROJECTS.—In awarding third-tier projects portfolio from $7,500 to $10,000. This matching funds provided by each such center under paragraph (2)(C), the Administrator level has not been changed since 1992, over the lifetime of the center.’’. shall use benchmarks based on socio-eco- and the adjustment is appropriate to SEC. 2. COMMUNICATIONS. nomic factors in the community and on the take account of inflation in the inter- Section 29 of the Small Business Act (15 performance of the applicant. The bench- vening 15 years. One key element in U.S.C. 656), as amended, is further amended marks shall include— the microloan program is the preloan by adding at the end the following new sub- ‘‘(A) the total number of women served by training provided by intermediaries to section: the project; ‘‘(B) the proportion of low income women ensure that only those individuals with ‘‘(p) COMMUNICATIONS.—The Administrator shall establish, by rule, a standardized proc- and socio-economic distribution of clients the right aptitude start small busi- ess to communicate with women’s business served by the project; nesses. H.R. 3737 expands the capacity centers regarding program administration ‘‘(C) the proportion of individuals in the of intermediaries to provide such train- matters, including reimbursement, regu- community that are socially or economi- ing. latory matters, and programmatic changes. cally disadvantaged (based on median in- Again, I would like to thank the The Administrator shall notify each wom- come); chairwoman and the gentleman from en’s business center of the opportunity for ‘‘(D) the future fund-raising and service co- Indiana for bringing forward these im- notice and comment on the proposed rule.’’. ordination plans; SEC. 3. FUNDING. ‘‘(E) the capacity of the project to train ex- portant changes to the microloan pro- isting or potential business owners in the (a) FORMULA.—Section 29(b) of the Small gram. fields of green technology, clean technology, Mr. Speaker, I don’t think we have Business Act (15 U.S.C. 656(b)) is amended to read as follows: or energy efficiency; anymore speakers, so I will yield back ‘‘(F) the diversity of services provided; and ‘‘(b) AUTHORITY.— the balance of my time. ‘‘(G) geographic distribution within and ´ ‘‘(1) IN GENERAL.—The Administrator may Ms. VELAZQUEZ. Mr. Speaker, I provide financial assistance to private non- across the 10 regions of the Small Business yield back the balance of my time. profit organizations to conduct projects for Administration.’’. (b) MATCHING.—Subparagraphs (A) and (B) The SPEAKER pro tempore. The the benefit of small business concerns owned question is on the motion offered by of section 29(c)(1) of the Small Business Act and controlled by women. The projects shall (15 U.S.C. 656(c)(1)) are amended to read as the gentlewoman from New York (Ms. provide— ´ follows: VELAZQUEZ) that the House suspend the ‘‘(A) financial assistance, including train- ‘‘(A) For the first and second years of the rules and pass the bill, H.R. 3737, as ing and counseling in how to apply for and project, 1 non-Federal dollar for each 2 Fed- amended. secure business credit and investment cap- eral dollars. The question was taken. ital, preparing and presenting financial ‘‘(B) Each year after the second year of the The SPEAKER pro tempore. In the statements, and managing cash flow and project— opinion of the Chair, two-thirds being other financial operations of a business con- ‘‘(i) 1 non-Federal dollar for each Federal cern; dollar; or in the affirmative, the ayes have it. ‘‘(B) management assistance, including Ms. VELA´ ZQUEZ. Mr. Speaker, I ob- ‘‘(ii) if the center is in a community at training and counseling in how to plan, orga- least 50 percent of the population of which is ject to the vote on the ground that a nize, staff, direct, and control each major ac- quorum is not present and make the below the median income for the State or tivity and function of a small business con- United States territory in which the center point of order that a quorum is not cern, including implementing cost-saving en- is located, 1 non-Federal dollar for each 2 present. ergy techniques; and Federal dollars.’’. The SPEAKER pro tempore. Pursu- ‘‘(C) marketing assistance, including train- (c) AUTHORIZATION.—Section 20 of the ant to clause 8 of rule XX and the ing and counseling in identifying and seg- Small Business Act (15 U.S.C. 631 note) is Chair’s prior announcement, further menting domestic and international market amended by inserting the following new sub- opportunities, preparing and executing mar- proceedings on this motion will be section after subsection (e): keting plans, developing pricing strategies, ‘‘(f) WOMEN’S BUSINESS CENTERS.—There is postponed. locating contract opportunities, negotiating authorized to be appropriated for purposes of The point of no quorum is considered contracts, and utilizing varying public rela- grants under section 29 to women’s business withdrawn. tions and advertising techniques. centers not more than $20,000,000 in fiscal f ‘‘(2) TIERS.—The Administrator shall pro- year 2010 and not more than $22,000,000 in fis- vide assistance under paragraph (1) in 3 tiers cal year 2011.’’. WOMEN’S BUSINESS CENTERS of assistance as follows: SEC. 4. PERFORMANCE AND PLANNING. IMPROVEMENTS ACT ‘‘(A) The first tier shall be to conduct a 5- (a) IN GENERAL.—Section 29(h)(1) of the Ms. VELA´ ZQUEZ. Mr. Speaker, I year project in a situation where a project Small Business Act (15 U.S.C. 656(h)(1)) is move to suspend the rules and pass the has not previously been conducted. Such a amended— bill (H.R. 1838) to amend the Small project shall be in a total amount of not (1) by striking ‘‘and’’ at the end of subpara- more than $150,000 per year. Projects receiv- graph (A); Business Act to modify certain provi- ing assistance under this subparagraph that (2) by redesignating subparagraph (B) as sions relating to Women’s Business possess the capacity to train existing or po- subparagraph (D); and Centers, and for other purposes, as tential business owners in the fields of green (3) by inserting the following new subpara- amended. technology, clean technology, or energy effi- graphs after subparagraph (A):

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12470 CONGRESSIONAL RECORD — HOUSE November 6, 2009 ‘‘(B) establish performance measures, tak- owners. Female entrepreneurs are Women’s business centers serve over ing into account the demographic differences bringing new thought processes and in- 100,000 women and tens of thousands of of populations served by women’s business genuity into our economy. The Small businesses each year. In the mid-1990s, centers, which measures shall include— Business Administration’s women’s the Federal Government began award- ‘‘(i) outcome-based measures of the amount of job creation or economic activity business centers enable women to take ing grants to women’s business centers generated in the local community as a result these great ideas and put them into that were operating as nonprofit orga- of efforts made and services provided by each practice. Not only do these centers pro- nizations in conjunction with institu- women’s business center, and vide the technical training and advice tions of higher learning. Originally ‘‘(ii) service-based measures of the amount that are available at other SBA cen- these grants were intended to be of services provided to individuals and small ters, but they offer guidance that is awarded to business centers in their business concerns served by each women’s specifically tailored to female business first 5 years with the understanding business center; owners. that after this 5-year period had ended, ‘‘(C) require each women’s business center the center would be financially self- to submit an annual plan for the next year H.R. 1838 will supply these organiza- that includes the center’s funding sources tions with needed stability. Through sustaining. and amounts, strategies for increasing out- technical assistance and counseling, Although many women’s business reach to women-owned businesses, strategies the bill would also renew the program’s centers did make this goal, some have for increasing job growth in the community, original mission, bolstering low-in- not, and for a variety of reasons. As a strategies for increasing job placement of come communities. More women than result, a greater percentage of the women in nontraditional occupations, and ever before are going into business for funding of this program has been con- other content as determined by the Adminis- themselves. For minorities and so- sumed by the operating costs of poten- trator; and’’. cially disadvantaged women, launching tially unviable centers, rather than the (b) CONFORMING AMENDMENT.—Section intended purpose of helping to estab- 29(h)(1) of the Small Business Act (15 U.S.C. your own enterprise is an especially 656(h)(1)), as amended, is further amended by important option. We have heard time lish new business centers. The result is adding the following at the end thereof: and again stories of women lifting a drag on the system, unviable business ‘‘The Administrator’s evaluation of each themselves out of poverty by starting centers that are not truly serving an women’s business center as required by this their own enterprise. unmet need in their communities. subsection shall be in part based on the per- Mr. Speaker, women-owned busi- This, of course, jeopardizes the effec- formance measures under subparagraphs (B) nesses are increasingly important to tiveness and the viability of the entire and (C). These measures and the Administra- our national economy. They generate program. tor’s evaluations thereof shall be made pub- $3 trillion in economic activity and are The SBA Women’s Business Centers licly available.’’. responsible for 16 percent of the U.S. Improvements Act of 2009 will restore SEC. 5. NATIONAL WOMEN’S BUSINESS COUNCIL. jobs. By strengthening and improving the original purpose held by the Fed- The Women’s Business Ownership Act of eral Government when this program 1988 is amended as follows: the SBA’s network of women’s business centers, H.R. 1838 will expand this suc- was created. By offering a three-tiered (1) In section 409(a) (15 U.S.C. 7109(a)), by system of funding and lower caps on adding the following at the end thereof: cess, offering greater economic oppor- ‘‘Such studies shall include a study on the tunity to women everywhere. spending for older business centers, we impact of the 2008–2009 financial markets cri- I will take this opportunity to thank can ensure a balanced approach and a sis on women-owned businesses, and a study and congratulate the gentlewoman balanced percentage of funding is used of the use of the Small Business Administra- to support both new and existing busi- from Oklahoma (Ms. FALLIN) for the tion’s programs by women-owned busi- work that she put into this legislation. ness centers. nesses.’’. Modernizing the SBA entrepreneurial (2) In section 410(a) (15 U.S.C. 7110(a)), by I reserve the balance of my time. Ms. FALLIN. Mr. Speaker, I yield development programs will ensure striking ‘‘2001 through 2003’’ and insert ‘‘2010 small businesses have the opportunity and 2011’’. myself as much time as I may consume. to lead our Nation out of this recession SEC. 6. APPLICANT EVALUATION CRITERIA. into economic prosperity. The SBA Section 29(f) of the Small Business Act (15 I rise today in support of H.R. 1838, U.S.C. 656(f)) is amended— the SBA Women’s Business Centers Im- Women’s Business Centers Improve- (1) in paragraph (3) by striking ‘‘and’’ at provements Act. This important legis- ments Act is a huge step in the right the end; lation rearranges the distribution of direction and provides a much-needed (2) in paragraph (4) by striking the period funding to women’s business centers to helping hand to help our Nation’s small and inserting ‘‘; and’’; and businesses and our women’s business offer temporary assistance for new (3) by adding at the end the following: centers. businesses and startups for women’s ‘‘(5) whether the applicant has the capacity Mr. Speaker, I reserve the balance of to train existing or potential business own- business centers rather than empower my time. ers in the fields of green technology, clean and make permanent dependency on Ms. VELA´ ZQUEZ. Mr. Speaker, I technology, or energy efficiency.’’. the Federal Government with our cur- would like to inquire if the gentlelady The SPEAKER pro tempore. Pursu- rent system. I want to just say thank has further speakers. I don’t have addi- ´ ant to the rule, the gentlewoman from you to Chairwoman VELAZQUEZ for all tional speakers on this side, so I am New York (Ms. VELA´ ZQUEZ) and the her help on this piece of legislation. It prepared to yield back if you are pre- gentlewoman from Oklahoma (Ms. has been a great pleasure to work with pared to yield back. FALLIN) each will control 20 minutes. her. Ms. FALLIN. I don’t have any other The Chair recognizes the gentle- Mr. Speaker, small businesses create speakers, but I do have some further woman from New York. seven out of 10 new jobs in the United comments, Mr. Speaker. GENERAL LEAVE States, and they are the economic en- Ms. VELA´ ZQUEZ. I continue to re- Ms. VELA´ ZQUEZ. Mr. Speaker, I ask gine of our economy. Further, women- serve the balance of my time. unanimous consent that all Members owned businesses contribute nearly $3 Ms. FALLIN. Mr. Speaker, I want to may have 5 legislative days in which to trillion to our national economy and talk about a few issues today as I fin- revise and extend their remarks and in- create or maintain 23 million jobs and ish up here and that is about the De- clude extraneous material on H.R. 1838, employ or generate 16 percent of the partment of Labor and how they have as amended. jobs in our Nation’s economy. announced the national unemployment The SPEAKER pro tempore. Is there Women’s business centers are an im- rate, which has reached 10.2 percent objection to the request of the gentle- portant part of the grant programs during the month of October. Another woman from New York? that are funded by the Small Business report shows that businesses with less There was no objection. Administration. Today, women’s busi- than 50 employees lost 75,000 private Ms. VELA´ ZQUEZ. Mr. Speaker, I rise ness centers across the country are sector jobs in the month of October, in support of H.R. 1838, the Women’s providing women entrepreneurs with also. Small businesses and individuals Business Centers Improvements Act. In much-needed education, with training, and families have been devastated by America today, the face of business is with technical assistance and access to this 26-year high unemployment rate. changing. A big part of that change is capital in startup and operating their Here we are, Mr. Speaker, during this the growing role of women business small businesses. important debate in our Nation about

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12471 health care reform, talking about rais- lieve, 34 million Americans without b 1030 ing taxes on small business during this health insurance because of expansion SMALL BUSINESS DISASTER recession. Mr. Speaker, I personally be- of Medicaid, and millions of Americans READINESS AND REFORM ACT lieve, and I think the majority of us be- will lose their current health care cov- OF 2009 lieve, that small businesses are the erage if the private sector market is ´ economic engines in our communities driven out of the marketplace that of- Ms. VELAZQUEZ. Mr. Speaker, I and in our States and are the way that fers insurance. move to suspend the rules and pass the we can help lead our Nation out of this According to a 2009 study by the Na- bill (H.R. 3743) to amend the Small recession. tional Federation of Independent Busi- Business Act to improve the disaster Yet as we look at the health care re- ness, the cost of health insurance is the relief programs of the Small Business form bill that we’re getting ready to number one concern to small business Administration, and for other pur- take up, and you look at different sec- owners. Small businesses create seven poses, as amended. tions of it and how it will affect small out of 10 new jobs in the U.S. and The Clerk read the title of the bill. businesses and job creation and unem- should be able to provide their employ- The text of the bill is as follows: ployment, I am deeply concerned about ees with health benefits and should be H.R. 3743 several sections of this piece of legisla- able to provide it at a reasonable rate Be it enacted by the Senate and House of Rep- tion. resentatives of the United States of America in An example is page 297. Section 501 that helps these small businesses be competitive, be one of the vital bene- Congress assembled, would impose a 2.5 percent tax on all SECTION 1. SHORT TITLE. individuals who do not purchase bu- fits that they can provide to their employees, which is small businesses. This Act may be cited as the ‘‘Small Busi- reaucrat-approved health insurance. ness Disaster Readiness and Reform Act of This tax would apply to individuals The Kaiser Family Foundation re- 2009’’. with incomes under $250,000, thus ports that health insurance premiums SEC. 2. REVISED COLLATERAL REQUIREMENTS. breaking a central promise of Presi- for single workers rose 74 percent for Section 7 of the Small Business Act (15 dent Obama’s Presidential campaign small businesses between the period of U.S.C. 636) is amended— that we would not be taxing people 2001 and 2008; and administrative ex- (1) by striking ‘‘(e) [RESERVED].’’ and ‘‘(f) under $250,000. Section 512 under page penses for small group plans account [RESERVED].’’; and 313 imposes an 8 percent tax on jobs for for 25 to 27 percent of premiums com- (2) in subsection (f), as added by section firms that cannot afford to purchase pared to that of 5 to 10 percent for 12068(a)(2) of the Small Business Disaster Re- large businesses. sponse and Loan Improvements Act of 2008 the bureaucrat-approved health cov- (subtitle B of title XII of the Food, Conserva- erage. And according to an analysis by So, Mr. Speaker, what we know is tion, and Energy Act of 2008; Public Law 110– a Harvard professor, such a tax would that if we impose more taxes, more 246), by adding at the end the following: place millions of people at risk for un- mandates, more surcharges on our ‘‘(2) REVISED COLLATERAL REQUIREMENTS.— employment; and a majority of those small businesses at a time when our In making a loan with respect to a business workers could be minorities who, we unemployment rate just hit a record under subsection (b), if the total approved believe, would lose their jobs at twice high for 26 years, over 10 percent, then amount of such loan is less than or equal to the rate of their white counterparts. our small businesses are going to be $250,000, the Administrator may not require Section 551, page 336 imposes addi- further devastated by any type of the borrower to use the borrower’s home as collateral.’’. tional job-killing taxes in the form of a health care reform proposal that has a SEC. 3. INCREASED LIMITS. $500 billion surcharge, more than half government mandate, that has new of which will hit small businesses, ac- Section 7(b) of the Small Business Act (15 surcharges, new taxes, huge new taxes U.S.C. 636(b)) is amended— cording to a model developed by Presi- on small businesses. (1) in paragraph (3)(E) by striking dent Obama’s senior economic adviser, Mr. Speaker, I am very concerned be- ‘‘$1,500,000’’ each place it appears and insert- which could increase taxes and cost us cause small businesses are the eco- ing ‘‘$3,000,000’’; and another 5.5 million jobs. Of course we nomic engine of our local economies. (2) in paragraph (8)(A) by striking know that this piece of legislation also They are the way that we can lead our- ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’. adds $729 billion in new taxes on small selves out of this recession, and that is SEC. 4. REVISED REPAYMENT TERMS. businesses and on individuals who can- why I will be opposed to the current Section 7(f) of the Small Business Act (15 U.S.C. 636(f)) is amended by adding at the not afford health insurance coverage health care proposal by Speaker and employers who cannot afford to end the following: PELOSI. even provide that health insurance. ‘‘(3) REVISED REPAYMENT TERMS.—In mak- And of course another $1 trillion in Mr. Speaker, I urge passage of this ing loans under subsection (b), the Adminis- new Federal spending on expanded bill. trator— ‘‘(A) may not require repayment to begin health care insurance coverage over 10 I yield back the balance of my time. ´ until the date that is 12 months after the years is some of the projections of this Ms. VELAZQUEZ. Mr. Speaker, I date on which the final disbursement of ap- health care bill that we’re getting yield back the balance of my time. proved amounts is made; and ready to take up. We’ve had several dif- The SPEAKER pro tempore. The ‘‘(B) shall calculate the amount of repay- ferent groups express concern about question is on the motion offered by ment based solely on the amounts dis- small businesses, about the unemploy- the gentlewoman from New York (Ms. bursed.’’. ment rate, about the cost of this pro- VELA´ ZQUEZ) that the House suspend the SEC. 5. REVISED DISBURSEMENT PROCESS. posed health care plan. The NFIB has rules and pass the bill, H.R. 1838, as Section 7(f) of the Small Business Act (15 estimated that 1.5 million jobs will be amended. U.S.C. 636(f)), as amended by this Act, is further amended by adding at the end the fol- lost due to the employer mandate on The question was taken. small businesses. The nearly one-third lowing: The SPEAKER pro tempore. In the ‘‘(4) REVISED DISBURSEMENT PROCESS.—In of uninsured workers who earn within opinion of the Chair, two-thirds being making a loan under subsection (b), the Ad- $3 of the minimum wage will be put at in the affirmative, the ayes have it. ministrator shall disburse loan amounts in risk of unemployment if their employ- Ms. VELA´ ZQUEZ. Mr. Speaker, I ob- accordance with the following: ers are required to offer insurance ject to the vote on the ground that a ‘‘(A) If the total amount approved with re- when one in 10 Americans are unem- spect to such loan is less than or equal to quorum is not present and make the ployed already. $150,000— It is a bad time to be mandating point of order that a quorum is not ‘‘(i) the first disbursement with respect to these new tax increases on our small present. such loan shall consist of 40 percent of the businesses. We know that the pay-or- The SPEAKER pro tempore. Pursu- total loan amount, or a lesser percentage of play provision could reduce the hiring ant to clause 8 of rule XX and the the total loan amount if the Administrator and the borrower agree on such a lesser per- of low-income workers and that those Chair’s prior announcement, further proceedings on this motion will be centage; wages could fall even more because of ‘‘(ii) the second disbursement shall consist required mandates on health insurance. postponed. of 50 percent of the loan amounts that re- This bill that we’re talking about for The point of no quorum is considered main after the first disbursement, and shall health care is going to leave, we be- withdrawn. be made when the borrower has produced

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12472 CONGRESSIONAL RECORD — HOUSE November 6, 2009 satisfactory receipts to demonstrate the under this paragraph for each of fiscal years SEC. 11. REGULATIONS. proper use of 50 percent of the first disburse- 2010 and 2011. Except as otherwise provided in this Act or ment; and ‘‘(ii) AUTHORIZATION OF APPROPRIATIONS.— in amendments made by this Act, after an ‘‘(iii) the third disbursement shall consist There are authorized to be appropriated to opportunity for notice and comment, but not of the loan amounts that remain after the the Administrator such sums as may be nec- later than 180 days after the date of the en- preceding disbursements, and shall be made essary to carry out this paragraph.’’. actment of this Act, the Administrator shall when the borrower has produced satisfactory SEC. 7. REGIONAL DISASTER WORKING GROUPS. issue regulations to carry out this Act and receipts to demonstrate the proper use of the Section 40 of the Small Business Act (15 the amendments made by this Act. first disbursement and 50 percent of the sec- U.S.C. 657l) is amended— The SPEAKER pro tempore. Pursu- ond disbursement. (1) in subsection (a), in the matter pre- ant to the rule, the gentlewoman from ‘‘(B) If the total amount approved with re- ceding paragraph (1), by striking ‘‘or’’ and New York (Ms. VELA´ ZQUEZ) and the spect to such loan is more than $150,000 but inserting ‘‘and’’; less than or equal to $500,000— (2) by redesignating subsection (d) as sub- gentleman from Missouri (Mr. GRAVES) ‘‘(i) the first disbursement with respect to section (e); and each will control 20 minutes. such loan shall consist of 20 percent of the (3) by inserting after subsection (c) the fol- The Chair recognizes the gentle- total loan amount, or a lesser percentage of lowing: woman from New York. the total loan amount if the Administrator ‘‘(d) REGIONAL DISASTER WORKING and the borrower agree on such a lesser per- GENERAL LEAVE GROUPS.—In carrying out the responsibilities Ms. VELA´ ZQUEZ. Mr. Speaker, I ask centage; pertaining to loan making activities under ‘‘(ii) the second disbursement shall consist subsection (a), the Administrator, acting unanimous consent that all Members of 30 percent of the loan amounts that re- through the regional administrators of the may have 5 legislative days in which to main after the first disbursement, and shall regional offices of the Administration, shall revise and extend their remarks and in- be made when the borrower has produced develop a disaster preparedness and response clude extraneous material on H.R. 3743, satisfactory receipts to demonstrate the plan for each region of the Administration. proper use of 50 percent of the first disburse- as amended. Each such plan shall be developed in co- The SPEAKER pro tempore. Is there ment; operation with Federal, State, and local ‘‘(iii) the third disbursement shall consist objection to the request of the gentle- emergency response authorities and rep- woman from New York? of 25 percent of the loan amounts that re- resentatives of businesses located in the remain after the first and second disburse- gion to which such plan applies. Each such There was no objection. ments, and shall be made when the borrower ´ plan shall identify and include a plan relat- Ms. VELAZQUEZ. Mr. Speaker, I has produced satisfactory receipts to dem- ing to the 3 disasters, natural or manmade, yield myself such time as I may con- onstrate the proper use of the first disburse- most likely to occur in the region to which sume. ment and 50 percent of the second disburse- such plan applies.’’. ment; and I rise in support of H.R. 3743, the ‘‘(iv) the fourth disbursement shall consist SEC. 8. OUTREACH GRANTS FOR LOAN APPLI- Small Business Disaster Readiness and of the loan amounts that remain after the CANT ASSISTANCE. Reform Act of 2009. preceding disbursements, and shall be made Section 7(b) of the Small Business Act (15 The Small Business Administration’s U.S.C. 636(b)), as amended by this Act, is fur- when the borrower has produced satisfactory Disaster Loan Program is an important receipts to demonstrate the proper use of the ther amended by inserting after paragraph (10) the following: lifeline for businesses struggling to re- first and second disbursements and 50 per- cover following natural disasters. Low- cent of the third disbursement. ‘‘(11) OUTREACH GRANTS FOR LOAN APPLI- ‘‘(C) If the total amount approved with re- CANT ASSISTANCE.— interest loans offered through the prospect to such loan is more than $500,000— ‘‘(A) IN GENERAL.—From amounts made gram help entrepreneurs rebuild their ‘‘(i) the first disbursement with respect to available for administrative expenses relat- firms and get back on their feet. These such loan shall consist of at least $100,000, or ing to activities under this subsection, the loans also help small businesses avoid a lesser amount if the Administrator and the Administrator is authorized to make grants the economic shocks that often accom- borrower agree on such a lesser amount; and to the following: ‘‘(i) A women’s business center in an area pany disasters. ‘‘(ii) the number of disbursements after the While these programs are valuable in first, and the amount of each such disburse- affected by a disaster. ment, shall be in the discretion of the Ad- ‘‘(ii) A small business development center helping our communities recover from ministrator, but the amount of each such in an area affected by a disaster. crises, they have not reached their full disbursement shall be at least $100,000.’’. ‘‘(iii) A Veteran Business Outreach Center potential. Earlier this year, the Gov- SEC. 6. GRANT PROGRAM. in an area affected by a disaster. ernment Accountability Office exam- Section 7(b) of the Small Business Act (15 ‘‘(iv) A chamber of commerce in an area af- ined the SBA’s disaster recovery pro- U.S.C. 636(b)), as amended by this Act, is fur- fected by a disaster. grams, including the agency’s new ther amended by inserting after paragraph ‘‘(B) USE OF GRANT.—An entity specified under subparagraph (A) shall use a grant re- measures following Hurricane Katrina. (9) the following: In July, the GAO testified to the Small ‘‘(10) GRANTS TO DISASTER-AFFECTED SMALL ceived under this paragraph to provide appli- BUSINESSES.— cation preparation assistance to applicants Business Committee that the Small ‘‘(A) IN GENERAL.—If the Administrator de- for a loan under this subsection. Business Administration has not done clares eligibility for additional disaster as- ‘‘(C) PROGRAM LEVEL.—The Administrator enough to prepare for major emer- sistance under paragraph (9), the Adminis- is authorized to make $50,000,000 in grants gencies. The GAO’s findings give cause trator may make a grant, in an amount not under this paragraph for each of fiscal years for concern that the SBA will fall short exceeding $100,000, to a small business con- 2010 and 2011.’’. of the needs of entrepreneurs during cern that— SEC. 9. HOMEOWNERS IMPACTED BY TOXIC critical times. ‘‘(i) is located in an area affected by the DRYWALL. applicable major disaster; Section 7(b) of the Small Business Act (15 The legislation we are considering ‘‘(ii) submits to the Administrator a cer- U.S.C. 636(b)), as amended by this Act, is fur- today will help the SBA better meet tification by the owner of the concern that ther amended by inserting after paragraph the needs of those recovering from nat- such owner intends to reestablish the con- (11) the following: ural disasters. This bill will improve cern in the same county in which the con- ‘‘(12) HOMEOWNERS IMPACTED BY TOXIC how the SBA disburses assistance, en- cern was originally located; DRYWALL.—The Administrator may make a suring small firms get help more ‘‘(iii) has applied for, and was rejected for, loan under this subsection to any home- quickly. This legislation will also re- owner if the primary residence of such home- a conventional disaster assistance loan quire SBA to establish regional dis- under this subsection; and owner has been adversely impacted by the ‘‘(iv) was in existence for at least 2 years installation of toxic drywall manufactured aster working groups. These groups before the date on which the applicable dis- in China. A loan under this paragraph may will develop localized disaster pre- aster declaration was made. be used only for the repair or replacement of paredness plans, putting the SBA in a ‘‘(B) PRIORITY.—In making grants under such toxic drywall.’’. better position to address the unique this paragraph, the Administrator shall give SEC. 10. AUTHORIZATION OF APPROPRIATIONS. challenges facing small businesses re- priority to a small business concern that the Section 20 of the Small Business Act (15 covering from disasters. Administrator determines is economically U.S.C. 631 note) is amended by inserting Mr. Speaker, small businesses need viable but unable to meet short-term finan- after subsection (e) the following: access to capital to make payroll and cial obligations. ‘‘(f) FISCAL YEARS 2010 AND 2011 WITH RE- ‘‘(C) PROGRAM LEVEL AND AUTHORIZATION OF SPECT TO SECTION 7(b).—There is authorized carry on their daily operations. How- APPROPRIATIONS.— to be appropriated such sums as may be nec- ever, for firms recovering from natural ‘‘(i) PROGRAM LEVEL.—The Administrator essary for administrative expenses and loans disasters, finding an affordable loan is authorized to make $100,000,000 in grants under section 7(b).’’. can make all the difference between

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12473 staying open or closing forever. The Ms. VELA´ ZQUEZ. Mr. Speaker, I This is the disaster that we ought to legislation before us will ensure entre- continue to reserve the balance of my be talking about here. This is a prob- preneurs can receive the help they need time. lem that we have with this Congress, when times are tough. Mr. GRAVES. Mr. Speaker, I yield the job-destroying plans coming to the I commend Mr. GRIFFITH, who is the such time as he may consume to the floor of the House. Imposing a total of sponsor of this bill, for his work on this gentleman from Illinois (Mr. SHIMKUS). $729.5 billion in higher taxes on a strug- important legislation. (Mr. SHIMKUS asked and was given gling economy will be a recipe for Mr. Speaker, I reserve the balance of permission to revise and extend his re- years, if not decades, of prolonged stag- my time. marks.) nation. Mr. GRAVES. Mr. Speaker, I yield Mr. SHIMKUS. Mr. Speaker, I’m I thank the ranking member for myself such time as I may consume. pleased to be down here on the suspen- yielding me the time. I rise today in support of H.R. 3743, sion calendar to talk about the impor- Mr. GRAVES. Mr. Speaker, I yield the Small Business Disaster Readiness tance of the emergency response of back the balance of my time. and Reform Act of 2009. I would like to small business centers. But you know Ms. VELA´ ZQUEZ. Mr. Speaker, I thank the chairwoman and the gen- what the real emergency response to yield back the balance of my time. tleman from Alabama for working very small business should be is the assault The SPEAKER pro tempore. The hard, obviously, in the committee to on the workers that’s coming because question is on the motion offered by the bring this bill to the floor. of this health care bill. the gentlewoman from New York (Ms. In 2008, Congress took action to ad- Let me talk about the reports today: VELA´ ZQUEZ) that the House suspend the dress the inadequate response that the 10.2 percent unemployment. ‘‘The un- rules and pass the bill, H.R. 3743, as Small Business Administration had to employment rate spiked to its highest amended. the gulf hurricanes of 2005. The expec- level since 1983, much worse than ex- The question was taken; and (two- tation was that those changes would pected as employers continue to trim thirds being in the affirmative) the alleviate many of the problems identi- jobs despite other signs of growth.’’ rules were suspended and the bill, as fied by small business owners, the Gov- And do you know what the real ca- amended, was passed. ernment Accountability Office, and the tastrophe is? We are doing nothing A motion to reconsider was laid on SBA found in response to Hurricane here to help create jobs. In fact, what the table. Katrina. However, GAO testified before we’re doing, based upon the Demo- f the committee this summer and found cratic bill, H.R. 3962, will destroy jobs. that the SBA implementation of those Here are some of the job-destruction SMALL BUSINESS DEVELOPMENT changes had not been accomplished. aspects of this health care bill: CENTERS MODERNIZATION ACT That means that the SBA may not be Tax on jobs will increase unemploy- OF 2009 able to respond adequately to a major ment. The Democrat bill would impose Ms. VELA´ ZQUEZ. Mr. Speaker, I disaster like Hurricane Katrina. $150 billion in taxes on businesses who move to suspend the rules and pass the A key element noted by GAO is the can’t afford to finance their workers’ bill (H.R. 1845) to amend the Small need for coordination. The bill requires health coverage. Guess what they’ll do. Business Act to modernize Small Busi- the establishment of regional working They’re going to lay off people to be ness Development Centers, and for groups to develop regional disaster able to afford the taxes to provide the other purposes, as amended. plans in addition to the national plan few remaining employees jobs. The Clerk read the title of the bill. that was required by Congress last The CBO confirmed this tax on jobs The text of the bill is as follows: year. This is sensible because some would reduce the hiring of low-wage H.R. 1845 areas of the country are more prone to workers and could also lead to wage Be it enacted by the Senate and House of Rep- hurricanes while others are more prone stagnation as wage compensation is di- resentatives of the United States of America in to flooding and others to even things verted to comply with new Federal Congress assembled, like wildfires. The national plan sim- taxes and mandates. A model developed SECTION 1. SHORT TITLE. ply cannot cover with any specificity by the chief Obama adviser Christina This Act may be cited as the ‘‘Small Busi- the range of disasters to which the Romer indicates that as many as 5.5 ness Development Centers Modernization SBA must respond. This should im- million jobs could be lost. That’s not Act of 2009’’. prove the overall emergency prepared- us. That’s not the Small Business Com- SEC. 2. SMALL BUSINESS DEVELOPMENT CEN- TERS OPERATIONAL CHANGES. mittee. That’s not the ranking mem- ness of the SBA. (a) ACCREDITATION REQUIREMENT.—Section GAO and the committee remain con- ber. That’s the administration that’s 21(a)(1) of the Small Business Act (15 U.S.C. cerned about the difficulty that small saying 5.5 million jobs could be lost. 648(a)(1)) is amended as follows: businesses have in filing applications Hundreds of billions of dollars in (1) In the proviso, by inserting before ‘‘infor disaster loans. H.R. 3743 recognizes taxes on businesses. In addition to the stitution’’ the following: ‘‘accredited’’. that the SBA entrepreneur develop- tax on jobs, H.R. 3962 includes nearly (2) In the sentence beginning ‘‘The Admin- ment partners can assist small busi- half a trillion dollars in other taxes, in- istration shall’’, by inserting before ‘‘institu- ness owners that need to file an appli- cluding a surtax more than half of tions’’ the following: ‘‘accredited’’. whose intended targets are small busi- (3) By adding at the end the following new cation for a disaster loan and author- sentence: ‘‘In this paragraph, the term ‘ac- izes additional funds to these partners nesses. credited institution of higher education’ to provide such assistance to those We would be hoping that the Small means an institution that is accredited as seeking to recover from a disaster. Business Committee would come down described in section 101(a)(5) of the Higher Another primary focus of the com- here and say let’s don’t tax small busi- Education Act of 1965 (20 U.S.C. 1001(a)(5)).’’. mittee’s examination of the disaster ness with this health care bill. Let’s (b) PROGRAM NEGOTIATIONS.—Section loan process has been the disbursement incentivize small businesses to provide 21(a)(3) of the Small Business Act (15 U.S.C. process. Although changes were made health care coverage to their employ- 648(a)(3)) is amended in the matter preceding ees. subparagraph (A), by inserting before in 2008, further refinements are needed ‘‘agreed’’ the following: ‘‘mutually’’. to ensure that small businesses have That’s what we’ll do on the House (c) CONTRACT NEGOTIATIONS.—Section access to funds needed to restore their version in the amendment offered, once 21(a)(3)(A) of the Small Business Act (15 operations and help their communities the bill comes to the floor, is we’re U.S.C. 648(a)(3)(A)) is amended by inserting recover from the disaster. going to incentivize small businesses to after ‘‘uniform negotiated’’ the following: I would reiterate that this bill before stay in business, keep their employees, ‘‘mutually agreed to’’. us today builds on important work al- and provide health insurance coverage. (d) SBDC HIRING.—Section 21(c)(2)(A) of ready done by Congress and will pro- In addition to the tax on jobs, the the Small Business Act (15 U.S.C. Democrat bill includes a half trillion 648(c)(2)(A)) is amended by inserting after vide additional assurances that the ‘‘full-time staff’’ the following: ‘‘, the hiring SBA is capable of responding to the dollars in other taxes including, as I of which shall be at the sole discretion of the next natural or manmade disaster. said before, a surtax. More than half of center without the need for input or ap- Mr. Speaker, I reserve the balance of those intended targets are small busi- proval from any officer or employee of the my time. nesses. Administration’’.

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(e) CONTENT OF CONSULTATIONS.—Section ‘‘(2) AWARD SIZE LIMIT.—The Administra- ‘‘(C) assist and provide technical coun- 21(a)(7)(A) of the Small Business Act (15 tion may not award an entity more than seling to individuals seeking to start a busi- U.S.C. 648(a)(7)(A)) is amended in the matter $300,000 in grant funds under this subsection. ness in the fields of energy efficiency, green preceding clause (i) by inserting after ‘‘under ‘‘(3) AUTHORITY.—Subject to amounts ap- technology, or clean technology and to indi- this section’’ the following: ‘‘, or the content proved in advance in appropriations Acts and viduals seeking to adapt a business to in- of any consultation with such an individual separate from amounts approved to carry clude such fields; and or small business concern,’’. out the program established in subsection ‘‘(D) provide services that assist low-in- (f) AMOUNTS FOR ADMINISTRATIVE EX- (a)(1), the Administration may make grants come or dislocated workers to start busi- PENSES.—Section 21(a)(4)(C)(v)(I) of the or enter into cooperative agreements to nesses in the fields of energy efficiency, Small Business Act (15 U.S.C. carry out this subsection. green technology, or clean technology. 648(a)(4)(C)(v)(I)) is amended to read as fol- ‘‘(4) AUTHORIZATION.—There is authorized ‘‘(2) AWARD SIZE LIMIT.—The Administra- lows: to be appropriated not more than $2,500,000 tion may not award an entity more than ‘‘(I) IN GENERAL.—Of the amounts made for the purposes of carrying out this sub- $300,000 in grant funds under this subsection. available in any fiscal year to carry out this section for each of the fiscal years 2010 and ‘‘(3) AUTHORITY.—Subject to amounts ap- section, not more than $500,000 may be used 2011.’’. proved in advance in appropriations Acts and by the Administration to pay expenses enu- SEC. 4. PROCUREMENT TRAINING AND ASSIST- separate from amounts approved to carry merated in subparagraphs (B) through (D) of ANCE. out the program established in subsection section 20(a)(1).’’. Section 21 of the Small Business Act (15 (a)(1), the Administration may make grants (g) NON-MATCHING PORTABILITY GRANTS.— U.S.C. 648), as amended, is further amended or enter into cooperative agreements to Section 21(a)(4)(C)(viii) of the Small Business by adding at the end the following new sub- carry out this subsection. Act (15 U.S.C. 648(a)(4)(C)(viii)) is amended section: ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— by adding at the end the following: ‘‘In the ‘‘(p) PROCUREMENT TRAINING AND ASSIST- There is authorized to be appropriated not event of a disaster, the dollar limitation in ANCE.— more than $2,500,000 for the purposes of car- the preceding sentence shall not apply.’’. ‘‘(1) IN GENERAL.—The Administration rying out this subsection for each of the fis- (h) DISTRIBUTION TO SBDCS.—Section 21(b) shall establish a grant program for small cal years 2010 and 2011.’’. of the Small Business Act (15 U.S.C. 648(b)) is business development centers in accordance SEC. 6. MAIN STREET STABILIZATION. amended by adding at the end the following with this subsection. To be eligible for the Section 21 of the Small Business Act (15 new paragraph: program, a small business development cen- U.S.C. 648), as amended, is further amended ‘‘(4) LIMITATION ON DISTRIBUTION TO SMALL ter must be in good standing and comply by adding the following new subsection at BUSINESS DEVELOPMENT CENTERS.— with the other requirements of this section. the end thereof: ‘‘(A) IN GENERAL.—Except as otherwise pro- Funds made available through the program ‘‘(r) MAIN STREET STABILIZATION.— vided in this paragraph, the Administration shall be used to— ‘‘(1) IN GENERAL.—The Administration shall not distribute funds to a Small Busi- ‘‘(A) work with local agencies to identify shall establish a grant program for small ness Development Center if the State in contracts that are suitable for local small business development centers in accordance which the Small Business Development Cen- business concerns; with this subsection. To be eligible for the ter is located is served by more than one ‘‘(B) prepare small businesses to be ready program, a small business development cen- Small Business Development Center. as subcontractors and prime contractors for ter must be in good standing and comply ‘‘(B) UNAVAILABILITY EXCEPTION.—The Ad- contracts made available under the Amer- with the other requirements of this section. ministration may distribute funds to a max- ican Recovery and Reinvestment Act of 2009 Funds made available through the program imum of two Small Business Development (Public Law 111–5) through training and busi- shall be used to— Centers in any State if no applicant has ap- ness advisement, particularly in the con- ‘‘(A) establish a statewide small business plied to serve the entire State. struction trades; and helpline within every State and United ‘‘(C) GRANDFATHER CLAUSE.—The limita- ‘‘(C) provide technical assistance regarding States territory to provide immediate expert tions in this paragraph shall not apply to the Federal procurement process, including information and assistance to small business any State in which more than one Small assisting small business concerns to comply concerns; Business Development Center received fund- with federal regulations and bonding require- ‘‘(B) develop a portfolio of online survival ing prior to January 1, 2007. ments. and growth tools and resources that strug- ‘‘(D) DEFINITION.—For the purposes of this ‘‘(2) AWARD SIZE LIMIT.—The Administra- gling small business concerns can utilize paragraph, the term ‘Small Business Devel- tion may not award an entity more than through the Internet; opment Center’ means the entity selected by $300,000 in grant funds under this subsection. ‘‘(C) develop business advisory capacity to the Administration to receive funds pursu- ‘‘(3) AUTHORITY.—Subject to amounts ap- provide expert consulting and education to ant to the funding formula set forth in sub- proved in advance in appropriations Acts and assist small businesses at-risk of failure and section (a)(4), without regard to the number separate from amounts approved to carry to, in areas of high demand, shorten the re- of sites for service delivery such entity es- out the program established in subsection sponse time of small business development tablishes or funds.’’. (a)(1), the Administration may make grants centers, and, in rural areas, support added (i) WOMEN’S BUSINESS CENTERS.—Section or enter into cooperative agreements to outreach in remote communities; 21(a)(1) of the Small Business Act (15 U.S.C. carry out this subsection. ‘‘(D) deploy additional resources to help 648(a)(1)), as amended, is further amended— ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— specific industry sectors with a high pres- (1) by striking ‘‘and women’s business cen- There is authorized to be appropriated not ence of small business concerns, which shall ters operating pursuant to section 29’’; and more than $2,500,000 for the purposes of car- be targeted toward clusters of small busi- (2) by striking ‘‘or a women’s business cen- rying out this subsection for each of the fis- nesses with similar needs and build upon ter operating pursuant to section 29’’. cal years 2010 and 2011.’’. best practices from earlier assistance; SEC. 3. ACCESS TO CREDIT AND CAPITAL. SEC. 5. GREEN ENTREPRENEURS TRAINING PRO- ‘‘(E) develop a formal listing of financing Section 21 of the Small Business Act (15 GRAM. options for small business capital access; and U.S.C. 648) is amended by adding at the end Section 21 of the Small Business Act (15 ‘‘(F) deliver services that help dislocated the following new subsection: U.S.C. 648), as amended, is further amended workers start new businesses. ‘‘(o) ACCESS TO CREDIT AND CAPITAL PRO- by adding at the end the following new sub- ‘‘(2) AWARD SIZE LIMIT.—The Administra- GRAM.— section: tion may not award an entity more than ‘‘(1) IN GENERAL.—The Administration ‘‘(q) GREEN ENTREPRENEURS TRAINING PRO- $250,000 in grant funds under this subsection. shall establish a grant program for small GRAM.— ‘‘(3) AUTHORITY.—Subject to amounts ap- business development centers in accordance ‘‘(1) IN GENERAL.—The Administration proved in advance in appropriations Acts and with this subsection. To be eligible for the shall establish a grant program for small separate from amounts approved to carry program, a small business development cen- business development centers in accordance out the program established in subsection ter must be in good standing and comply with this subsection. To be eligible for the (a)(1), the Administration may make grants with the other requirements of this section. program, a small business development cen- or enter into cooperative agreements to Funds made available through the program ter must be in good standing and comply carry out this subsection. shall be used to— with the other requirements of this section. ‘‘(4) AUTHORIZATION.—There is authorized ‘‘(A) develop specialized programs to assist Funds made available through the program to be appropriated not more than $2,500,000 local small business concerns in securing shall be used to— for the purposes of carrying out this sub- capital and repairing damaged credit; ‘‘(A) provide education classes and one-on- section for each of the fiscal years 2010 and ‘‘(B) provide informational seminars on se- one instruction in starting a business in the 2011.’’. curing credit and loans; fields of energy efficiency, green technology, SEC. 7. PROHIBITION ON PROGRAM INCOME ‘‘(C) provide one-on-one counseling with or clean technology and in adapting a busi- BEING USED AS MATCHING FUNDS. potential borrowers to improve financial ness to include such fields; Section 21(a)(4)(B) (15 U.S.C. 648(a)(4)(B)) is presentations to lenders; and ‘‘(B) coordinate such classes and instruc- amended by inserting after ‘‘Federal pro- ‘‘(D) facilitate borrowers’ access to non- tion, to the extent practicable, with local gram’’ the following: ‘‘and shall not include traditional financing sources, as well as tra- community colleges and local professional any funds obtained through the assessment ditional lending sources. trade associations; of fees to small business clients’’.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12475 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Ms. VELA´ ZQUEZ. Mr. Speaker, I and work on this important Small Section 20 of the Small Business Act (15 yield myself such time as I may con- Business Committee and also Ranking U.S.C. 631 note) is amended by inserting sume. Member GRAVES for working together after subsection (e) the following new sub- I rise in support of H.R. 1845, intro- with me to move this important piece section: duced by Representative SCHOCK, which of legislation through the committee ‘‘(f) SMALL BUSINESS DEVELOPMENT CEN- would modernize the Nation’s Small TERS.—There is authorized to be appro- and now here on the House floor. priated to carry out the Small Business De- Business Development Centers, and I Nationwide, the over 1,000 SBDCs velopment Center Program under section 21 would like to take the opportunity to serve as important and informative re- $150,000,000 for fiscal year 2010 and $160,000,000 commend the gentleman for his great sources for growing small businesses. for fiscal year 2011.’’. work on this important legislation. SBDCs provide emerging entrepreneurs SEC. 9. SMALL MANUFACTURERS TRANSITION AS- Mr. Speaker, in today’s challenging with the tools needed to successfully SISTANCE PROGRAM. business environment, entrepreneurial take their small business concepts into Section 21 of the Small Business Act (15 assistance is a critical tool for the suc- reality. Additionally, they provide ex- U.S.C. 648), as amended, is further amended cess of a small business. After all, even isting small business owners with im- by adding at the end the following new sub- in good times, starting and running a section: portant financial and budgeting con- small business is no easy lift. In fact, sulting to assist in long-term growth ‘‘(s) SMALL MANUFACTURERS TRANSITION businesses that receive this kind of ASSISTANCE PROGRAM.— and management. The investments help are twice as likely to succeed. ‘‘(1) IN GENERAL.—The Administration made into the SBDC network provide a shall establish a grant program for small During economic downturns, Small cost-effective way to help grow the business development centers in accordance Business Development Centers are crit- economy while also enhancing Amer- with this subsection. To be eligible for the ical to help aspiring entrepreneurs get ican competitiveness. program, a small business development cen- their ventures off the ground. The ter must be in good standing and comply SBDC program is an important re- b 1045 with the other requirements of this section. source for both new entrepreneurs and Let us look at the facts. A new busi- Funds made available through the program more established small business own- ness is opened by an SBDC client every shall be used to— ers. H.R. 1845 builds on this successful 41 minutes. A new job is created in the ‘‘(A) provide technical assistance and ex- model, improving existing initiatives pertise to small manufacturers with respect United States by an SBDC client every to changing operations to another industry and giving entrepreneurs the tools they 7 minutes. And, in 2007, Small Business sector or reorganizing operations to increase need to flourish. Development Center clients created efficiency and profitability; In this bill, we streamline the SBDC over 70,000 new full-time jobs. With the ‘‘(B) assist marketing of the capabilities of program, taking important steps to de- recent unemployment figures over 10 small manufacturers outside the principal velop new service offerings for small percent nationwide, more and more area of operations of such manufacturers; businesses. One example is the bill’s ac- small businesses are investing and vis- ‘‘(C) facilitate peer-to-peer and mentor- cess to capital program for aspiring en- iting their local SBDCs seeking advice protege relationships between small manu- trepreneurs that need to secure capital facturers and corporations and Federal agen- on how to best manage their compa- and repair damaged credit. By con- nies. cies; and necting these entrepreneurs and dis- ‘‘(D) conduct outreach activities to local As such, I am pleased this House is small manufacturers with respect to the placed workers with seed money, this considering H.R. 1845 today. This legis- availability of the services described in sub- initiative will help get more ventures lation will do a great deal to continue paragraphs (A), (B), and (C). off the ground. For more established to help develop the resources and pro- ‘‘(2) DEFINITION OF SMALL MANUFACTURER.— firms, this legislation will help busi- grams our small business owners de- In this subsection, the term ‘small manufac- nesses tap into the booming Federal pend on. Additionally, H.R. 1845 makes turer’ means a small business concern en- marketplace. several operational changes to the gaged in an industry specified in sector 31, Billions of stimulus dollars are now SBDC program to eliminate waste, 32, or 33 of the North American Industry in play, making the Federal Govern- fraud, and duplicative programs within Classification System in section 121.201 of ment an even better customer for small title 13, Code of Federal Regulations. the SBDCs. businesses. In order to assist small ‘‘(3) AWARD SIZE LIMIT.—The Administra- Lastly, I am encouraged by the provi- firms in winning Federal contracts, tion may not award an entity more than sions in this legislation which will re- $250,000 in grant funds under this subsection. this bill establishes a new procurement program. This will enable SBDCs to ward SBDCs which focus on access to ‘‘(4) AUTHORITY.—Subject to amounts ap- credit and capital for small businesses. proved in advance in appropriations Acts and work with local agencies in identifying separate from amounts approved to carry suitable small business contracts. Everyone understands that the eco- out the program established in subsection Mr. Speaker, SBDCs are important nomic rebound for our country will be (a)(1), the Administration may make grants resources for expert information and directly related to the growth and for- or enter into cooperative agreements to business development assistance for tune of our Nation’s small businesses. carry out this subsection. small firms. This legislation will make Their access to credit and capital is es- ‘‘(5) AUTHORIZATION.—There is authorized sential not only to keep them in busi- to be appropriated not more than $2,500,000 sure they are running at full capacity, giving entrepreneurs powerful tools to ness today but also for future expan- for the purposes of carrying out this sub- sion, growth, and investment within section for each of the fiscal years 2010 and invest in their own success. With a re- 2011.’’. newed emphasis on entrepreneurship, their business. This body voices its continued back- The SPEAKER pro tempore. Pursu- the Nation can emerge from the current recession stronger and more resil- ing of the important support system on ant to the rule, the gentlewoman from which our Nation’s small businesses New York (Ms. VELA´ ZQUEZ) and the ient. This bill is an important step in allowing that to happen, and I urge my truly rely by passing H.R. 1845. I urge gentleman from Illinois (Mr. SCHOCK) passage. each will control 20 minutes. colleagues to support its passage. Mr. Speaker, I reserve the balance of I reserve the balance of my time. The Chair recognizes the gentle- Ms. VELA´ ZQUEZ. I reserve the bal- woman from New York. my time. Mr. SCHOCK. Mr. Speaker, I yield ance of my time. GENERAL LEAVE myself such time as I may consume. Mr. SCHOCK. Mr. Speaker, I yield to Ms. VELA´ ZQUEZ. Mr. Speaker, I ask I rise in support of H.R. 1845, legisla- the gentleman from Illinois (Mr. unanimous consent that all Members tion that I introduced earlier this year SHIMKUS) for such time as he may con- may have 5 legislative days in which to to help modernize the Small Business sume. revise and extend their remarks and in- Development Center programs, often (Mr. SHIMKUS asked and was given clude extraneous material on H.R. 1845, referred to as SBDCs, with the re- permission to revise and extend his re- as amended. sources they need to deal with in- marks.) The SPEAKER pro tempore. Is there creased demand and usage during this Mr. SHIMKUS. Mr. Speaker, I again objection to the request of the gentle- difficult time. come down on the floor. It is a good woman from New York? First, I would like to thank Chair- time to talk about jobs and the econ- There was no objection. woman VELA´ ZQUEZ for her leadership omy and the importance of what the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12476 CONGRESSIONAL RECORD — HOUSE November 6, 2009 Small Business Committee here does. I Mr. Speaker, at this time, I would can’t take it anymore. We don’t want applaud my colleague from Illinois for yield to my other good friend from the any more help from Washington. Just addressing the Small Business Develop- great State of Illinois (Mr. MANZULLO) leave us alone. ment Centers because, guess what, for such time as he may consume. Ms. VELA´ ZQUEZ. I yield myself such they are going to be needed. They are Mr. MANZULLO. Mr. Speaker, today, time as I may consume. going to be needed to help train and we are considering a lot of bills, good Mr. Speaker, it is kind of ironic that find jobs when we have this massive bills, to help out small business people. the previous gentleman spoke about loss of jobs that will occur because of But I find it ironic that at the same the impact of health care on small the Democrat health care bill. time we pass more programs and try to businesses, but for the 10-plus years Don’t take my word for it, take the fund what is out there, the same Con- that they were in the majority, we saw word of Christina Romer, who is the gress continues to pass, one after the double digits in terms of premiums adviser to the President. She says that other, job-killing bills. We can start going up, and they didn’t provide any the Democrat bill would impose $150 with cap-and-trade that will kill mil- vision, any leadership, any legislation billion in taxes on businesses who can- lions and millions of jobs across this to deal with the unsustainable health not afford to finance their workers’ country. care costs that small businesses were health coverage. So what will happen, The largest city in the congressional suffering from. these employees will be laid off. People district I represent, Rockford, Illinois, And then, the gentlemen from Illi- will lose their jobs to try to make the is close to 17 percent unemployment. nois, let me just remind him that last payment on the new tax that is going One out of four families in Rockford is week we passed a bill, H.R. 3854, which to be burdened by this bill. on public assistance. No news has hit provides $44 billion in financing and in- CBO confirmed this tax on jobs could that city in a long time, but the news vestment for small businesses. It is reduce, and CBO is the Congressional from Washington is we want to raise quite ironic that he comes to the floor Budget Office, nonpartisan, they con- your taxes, give you more regulations, to speak on small businesses and how firmed this tax on jobs could reduce and here we are on the eve of passing we are impacting small businesses, but the hiring of low-wage workers and one of the biggest small business job- let me remind that, in the last 10 could also lead to wage stagnation as killing bills, this massive so-called years, the other side, all they cared wage compensation is diverted to com- health care reform bill that will put be- about was providing tax breaks for the ply with new Federal taxes and man- tween 4 and 5 million people out of wealthiest people in this country, not dates. Roemer indicates that as many work, small businesses. for small businesses. And, today, we as 5.5 million jobs could be lost. So we There is something wrong in this city are passing four bills under suspension. are really going to need these SBDCs, that says it wants to help the small In fact, more bills than he passed in and we will need them to be current to business people and turns right around, the years that he was the chairman of help find positions for these displaced and the very people that the majority the Small Business Committee. workers. in this Congress say that they want to I welcome the debate on health care, This Democrat Affordable Health help, they are hurting, making them and for that we will have time tomor- Care for America Act will destroy jobs, bleed with regulation after regulation, row. hundreds of billions in taxes on busi- tax increase after tax increase, man- I reserve the balance of my time. nesses. In addition to the tax on jobs, date after mandate, penalty after pen- Mr. SCHOCK. Mr. Speaker, I yield to the Democrat health care bill includes alty. the gentleman from Illinois (Mr. MAN- nearly half a trillion dollars in other I was raised in small business. When ZULLO) for such time as he may con- taxes, including a surtax, more than I was 4, my father bought a small gro- sume. half of those whose intended targets cery store in the rough-and-tough part are small businesses. of Rockford, Illinois; and he personally Mr. MANZULLO. Mr. Speaker, there So as the Small Business Committee grubstaked. That is, he gave credit to is no irony here. When the Republicans is bringing bills to the floor, they thousands of people coming in from the controlled this body, on two different ought to be worried about what is re- displaced persons camps of Eastern Eu- occasions we passed association health ported today, 10.2 percent unemploy- rope and people coming from Arkansas plans only to have them fail in the ment. But, no, we are not talking with the massive crop failures. All we Senate because there weren’t 60 votes. about how to create jobs on the floor of know is small business. And I believe on three different occa- this House. We are talking about how He went from the grocery store busi- sions when the Republicans controlled to destroy jobs by new regulations, new ness into the drive-in restaurant busi- the House of Representatives, we taxation, hundreds of billions of dollars ness and the family Italian restaurant passed meaningful medical liability rein taxes on businesses. H.R. 3962, the business. After awhile, my brother, form. That wasn’t even taken up in the Democrat health bill, includes nearly who ran the restaurant business for 41 Senate. It wasn’t taken up in the Sen- half a trillion dollars in other taxes, in- years, said, Donnie, all I do is work for ate, even though the Republicans concluding a surtax, more than half whose the government and for higher insur- trolled the Senate because you needed intended targets are small businesses. ance premiums. 60 votes to get it through. Imposing a total of $729.5 billion in He and the people and the rest of the And we had to fight tooth and nail to higher taxes on a struggling economy Frankie Manzullos out there shouldn’t eliminate the horrible death tax that would be a recipe for years, if not dec- have to go to another government destroyed small businesses. In fact, ades, of prolonged stagnation. agency and beg for help. This city some of the statistics show that three So I appreciate the time from my should be recognizing the fact that the out of four small businesses could not colleague. We are going to need these best way to help the small business go down beyond three generations be- Small Business Development Centers people is not to suck $544 billion in cause of the confiscatory death tax. because of the massive tax regulatory taxes from people working in small And farmers were losing their farms. I regime being passed by Democrats on businesses. Because, Mr. Speaker, what know. I practiced law in the country the floor of this House which will con- we are doing here is, by raising taxes for 22 years, and I was there when one tinue to destroy jobs, not create jobs. on these small business people, this of the family farms had to be sold to Ms. VELA´ ZQUEZ. Mr. Speaker, I money is going to the government pay for death tax. continue to reserve my time. which squanders it, as opposed to the We got those changes through. It was Mr. SCHOCK. Mr. Speaker, I think money staying in the private sector, difficult, but we got those changes we can all agree, based on the current which is used to keep the businesses through. climate here in our country, it is al- going, to nurture them, and create And of course we know what is going ways a good time to invest in our small more businesses. to happen now. Neither the White businesses but especially now with un- The city has it all wrong. No wonder House nor the Democratic leadership is employment at an all-time high. Once the people of America are upset. No interested in making sure that the again, I appreciate the work of Mem- wonder there is a revolution going on, death tax stays repealed in this coun- bers on both sides of the aisle. with the small businessmen saying, We try.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12477 b 1100 and the board of directors was some- lieve that if Congress passes the pro- These are all job killers for small how coerced to come out publicly and posed health care legislation that business people. say they do. But the AMA House of many jobs in education will be elimi- It doesn’t make sense for us to con- Delegates Conference is convening nated. Passing this legislation in this tinue to pass bill after bill after bill today in Houston, Texas. It’s made up form will have a tremendous impact on after bill to laud the efforts of the of elected representatives from across students, their education, and the small business people of this country, the country. These representative doc- workforce in Orange County.’’ Even to say that without the small busi- tors represent members of the AMA one franchise dealer with Pizza Hut nesses—the ones who produce more within their region. They meet to vote says it will cost him $3.5 million each than 57 percent of all the employees in on policy issues affecting their doctors. year, on an annual basis, $3.5 million. this country—why is it that they will They believe this was an unauthorized You need to say, what are we doing be the beneficiaries of the lack of cap- vote before the delegates arrived, that in this country when doctors who are ital that is sucked up on $454 billion the board of directors should not have delegates representing other doctors worth of new taxes—yes, on those, the taken this vote. are livid at this bill saying we are third wealthiest, if you want to call it Today, the AMA doctors are circu- being accused of supporting something that, that make more than $250,000 a lating a petition requesting a vote of we do not support. year? ‘‘no confidence’’ against the board of Let’s see how this vote goes. Let’s But instead of paying money in directors of the AMA. I repeat again, see if they will even allow this vote to taxes, they would be putting that the doctors and delegates of the AMA come to fruition tomorrow as it should. money back into keeping their busi- believe this vote of their board was un- But think of the people we’re supposed nesses going and helping their employ- authorized, it should not have taken to be helping that we’re going to hurt. ees keep their jobs. place prior to their convening, and Ms. VELA´ ZQUEZ. Mr. Speaker, I I have visited hundreds, hundreds of there is a petition being circulated continue to reserve. factories across the district that I rep- today by doctors who are extremely The SPEAKER pro tempore. The gen- resent, several parts of Illinois, talking angry that their board would have tleman from Illinois has 30 seconds re- to the people who own these factories, taken this position. maining. trying to find out what is it that they There are thousands of delegates Mr. SCHOCK. Mr. Speaker, I appre- need so they can continue to be more meeting today in Houston who never ciate the cooperation of our members productive. And what I hear from them had an opportunity to even voice an on this committee on this important is the fact that they want to be left opinion or a concern or even have the piece of legislation. With unemploy- alone by Washington. They look at light of day shine on this issue before ment at an all-time high, it is now what this cap-and-trade will do to they convened, before their board took more than ever important for us to in- them—and this is a valid debate, we’re this decision. vest in our SBDCs, to support our talking about helping small business I believe that AARP should be abso- small businesses, to expand their ac- people—but they look at what cap-and- lutely ashamed of coming out and vot- cess to credit and capital, thus allow- trade will do to the factories, to the ing for a bill that is against the inter- ing them to keep their doors open and productivity, to push more jobs off- est of their people. I have over 70,000 invest and expand their businesses, em- shore. Medicare-eligible seniors in my dis- ploying more Americans. In fact, we got a call from a national trict; $500,000-plus dollars of cuts to Now more than ever it is important company that has employees all over Medicare. Now, many individuals in my to pass H.R. 1845, and I urge passage the country that has a call center, a se- district love the concept of Medicare and a ‘‘yes’’ vote by all Members. ries of call centers. To keep the jobs in Advantage. They say it’s a great pro- Mr. Speaker, I yield back the balance this country, they decided to close the gram, it covers things that they need of my time. physical facilities and to allow the peo- covered, and there is no other oppor- Ms. VELA´ ZQUEZ. Mr. Speaker, I ple to work from home part-time to tunity for them to get this type of cov- yield back the balance of my time. make those phone calls, to keep the erage. $170 billion in cuts to Medicare The SPEAKER pro tempore. The call centers here in America as opposed Advantage: that’s not waste, fraud and question is on the motion offered by to being exported overseas. The people abuse; that’s cuts to Medicare Advan- the gentlewoman from New York (Ms. from one of these call centers says, If tage—$23.9 billion in cuts to skilled VELA´ ZQUEZ) that the House suspend the this health bill passes mandating nursing facilities, $143.6 billion in cuts rules and pass the bill, H.R. 1845, as health insurance for part-time employ- to hospitals, skilled nursing rehabilita- amended. ees, it’s easy for them, they will close tion facilities, psychiatric hospitals The question was taken. their facilities, and 50,000 more jobs and hospice cares. Again, $143.6 billion The SPEAKER pro tempore. In the will be exported overseas. in cuts to the very hospitals that Medi- opinion of the Chair, two-thirds being This doesn’t help the small busi- care recipients need to go to. in the affirmative, the ayes have it. nesses of this country. What we need is They need to look at this bill and Ms. VELA´ ZQUEZ. Mr. Speaker, I ob- to start retracting these regulations. say, Is this good for the people of this ject to the vote on the ground that a What we need to do is to start reducing country? We were told that if we quorum is not present and make the the taxes. What we need to do is to passed this huge stimulus bill, unem- point of order that a quorum is not make it easier for people to have the ployment would not go above 8 percent. present. capital. We are at 10.2 percent today. In reality, The SPEAKER pro tempore. Pursu- Ms. VELA´ ZQUEZ. I continue to re- it’s about 17.5 percent when you figure ant to clause 8 of rule XX and the serve, Mr. Speaker. the individuals who are discouraged Chair’s prior announcement, further Mr. SCHOCK. May I inquire as to and have given up trying to get a job. proceedings on this motion will be how much time is remaining. The underemployed people who have postponed. The SPEAKER pro tempore (Mr. part-time jobs that would love to have The point of no quorum is considered HOLDEN). The gentleman from Illinois a full-time job, they are not being con- withdrawn. has 41⁄2 minutes remaining, and the sidered. They need to be taken into f gentlewoman from New York has 151⁄2 consideration. This bill destroys jobs in PROVIDING FOR CONCURRENCE minutes remaining. our Nation. Mr. SCHOCK. Mr. Speaker, I yield 4 These are letters from business peo- WITH AMENDMENT IN SENATE minutes to my good friend from Cali- ple within my district that I’ve re- AMENDMENT TO H.R. 1299, UNITED STATES CAPITOL PO- fornia (Mr. GARY G. MILLER). ceived in this last week that say it is Mr. GARY G. MILLER of California. going to kill jobs in our communities. LICE ADMINISTRATIVE TECH- Thank you for yielding. The Orange County Department of NICAL CORRECTIONS ACT OF 2009 We have been led to believe that the Education, I received a letter from Mrs. DAVIS of California. Mr. Speak- AMA, the doctors, now support this them today saying many jobs in edu- er, I move to suspend the rules and health care bill that is before us today, cation will be eliminated. ‘‘I firmly be- agree to the resolution (H. Res. 896)

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12478 CONGRESSIONAL RECORD — HOUSE November 6, 2009 providing for the concurrence by the from time to time require) and the Board has tration of the House of Representatives, and House in the Senate amendment to approved the termination, except that if the the Committee on Rules and Administration H.R. 1299, with an amendment. Board has not disapproved the termination of the Senate’’ after ‘‘the Senate,’’. The Clerk read the title of the resolu- prior to the expiration of the 30-day period (2) EFFECTIVE DATE AND APPLICATION.—The which begins on the date the Board receives amendment made by this subsection shall tion. the notice, the Board shall be deemed to take effect 30 days after the date of enact- The text of the resolution is as fol- have approved the termination. ment of this Act and apply to payments lows: ‘‘(C) NOTICE OR APPROVAL.—The Chief of made on or after that effective date. H. RES. 896 the Capitol Police shall provide notice or re- SEC. 3. GENERAL COUNSEL TO THE CHIEF OF PO- Resolved, That upon the adoption of this ceive approval, as required by the Com- LICE AND THE UNITED STATES CAP- resolution the bill (H.R. 1299) entitled ‘‘An mittee on Rules and Administration of the ITOL POLICE. (a) APPOINTMENT AND SERVICE.— Act to make technical corrections to the Senate and the Committee on House Admin- (1) IN GENERAL.—There shall be within the laws affecting certain administrative au- istration of the House of Representatives, as United States Capitol Police the General thorities of the United States Capitol Police, each Committee determines appropriate Counsel to the Chief of Police and the United and for other purposes.’’, with the Senate for— States Capitol Police (in this subsection re- amendment thereto, shall be considered to ‘‘(i) the exercise of any authority under ferred to as the ‘‘General Counsel’’), who have been taken from the Speaker’s table to subparagraph (A); or shall report to and serve at the pleasure of the end that the Senate amendment thereto ‘‘(ii) the establishment of any new position the Chief of the United States Capitol Po- be, and the same is hereby, agreed to with for officers, members, or employees of the lice. the following amendment: Capitol Police, for reclassification of exist- (2) APPOINTMENT.—The General Counsel In lieu of the matter proposed to be in- ing positions, for reorganization plans, or for hiring, termination, or promotion for offi- shall be appointed by the Chief of the Capitol serted by the amendment of the Senate, in- Police in accordance with section 1018(e)(1) sert the following: cers, members, or employees of the Capitol Police.’’. of the Legislative Branch Appropriations SECTION 1. SHORT TITLE. (B) TECHNICAL AND CONFORMING AMEND- Act, 2003 (2 U.S.C. 1907(e)(1)) (as amended by This Act may be cited as the ‘‘United MENTS.— section 2(a)(4)), after consultation with the States Capitol Police Administrative Tech- (i) SUSPENSION AUTHORITY.—Section 1823 of Capitol Police Board, without regard to po- nical Corrections Act of 2009’’. the Revised Statutes of the United States (2 litical affiliation and solely on the basis of SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE U.S.C. 1928) is repealed. fitness to perform the duties of the position. CHIEF OF THE CAPITOL POLICE. (ii) PAY OF MEMBERS UNDER SUSPENSION.— (3) COMPENSATION.— (a) CLARIFICATION OF CERTAIN HIRING AU- The proviso in the Act of Mar. 3, 1875 (ch. 129; (A) IN GENERAL.—Subject to subparagraph THORITIES.— 18 Stat. 345), popularly known as the ‘‘Legis- (B), the annual rate of pay for the General (1) CHIEF ADMINISTRATIVE OFFICER.—Sec- lature, Executive, and Judicial Appropria- Counsel shall be fixed by the Chief of the tion 108(a) of the Legislative Branch Appro- tion Act, fiscal year 1876’’, which is codified Capitol Police. priations Act, 2001 (2 U.S.C. 1903(a)) is at section 1929 of title 2, United States Code (B) LIMITATION.—The annual rate of pay for amended to read as follows: (2000 Editions, Supp. V), is repealed. the General Counsel may not exceed an an- ‘‘(a) CHIEF ADMINISTRATIVE OFFICER.— (5) CONFORMING APPLICATION OF CONGRES- nual rate equal to $1,000 less than the annual ‘‘(1) ESTABLISHMENT.—There shall be with- rate of pay in effect for the Chief of the Cap- in the United States Capitol Police an Office SIONAL ACCOUNTABILITY ACT OF 1995.— (A) IN GENERAL.—Section 101(9)(D) of the itol Police. of Administration, to be headed by the Chief (4) TECHNICAL AND CONFORMING AMEND- Administrative Officer, who shall report to Congressional Accountability Act of 1995 (2 U.S.C. 1301(9)(D)) is amended by striking MENT.—House Resolution 661, Ninety-fifth and serve at the pleasure of the Chief of the Congress, agreed to July 29, 1977, as enacted Capitol Police. ‘‘the Capitol Police Board,’’ and inserting ‘‘the United States Capitol Police,’’. into permanent law by section 111 of the ‘‘(2) APPOINTMENT.—The Chief Administra- (B) NO EFFECT ON CURRENT PROCEEDINGS.— Legislative Branch Appropriation Act, 1979 (2 tive Officer shall be appointed by the Chief U.S.C. 1901 note) is repealed. of the United States Capitol Police, after Nothing in the amendment made by subparagraph (A) may be construed to affect any (5) NO EFFECT ON CURRENT GENERAL COUN- consultation with the Capitol Police Board, SEL.—Nothing in this subsection or the without regard to political affiliation and procedure initiated under title IV of the Con- gressional Accountability Act of 1995 prior to amendments made by this subsection may be solely on the basis of fitness to perform the construed to affect the status of the indi- duties of the position. the date of the enactment of this Act. (6) NO EFFECT ON CURRENT PERSONNEL.— vidual serving as the General Counsel to the ‘‘(3) COMPENSATION.—The annual rate of Nothing in the amendments made by this Chief of Police and the United States Capitol pay for the Chief Administrative Officer Police as of the date of the enactment of this shall be the amount equal to $1,000 less than subsection may be construed to affect the status of any individual serving as an officer Act. the annual rate of pay in effect for the Chief (b) LEGAL REPRESENTATION AUTHORITY.— of the Capitol Police.’’. or employee of the United States Capitol Po- lice as of the date of the enactment of this (1) IN GENERAL.—Section 1002(a)(2)(A) of (2) ADMINISTRATIVE PROVISIONS.—Section the Legislative Branch Appropriations Act, 108 of the Legislative Branch Appropriations Act. (b) DEPOSIT OF REIMBURSEMENTS FOR LAW 2004 (2 U.S.C. 1908(a)(2)(A)) is amended by Act, 2001 (2 U.S.C. 1903) is amended by strik- ENFORCEMENT ASSISTANCE.— striking ‘‘the General Counsel for the United ing subsection (c). (1) IN GENERAL.—Section 2802 of the Supple- States Capitol Police Board and the Chief of (3) CERTIFYING OFFICERS.—Section 107 of mental Appropriations Act, 2001 (2 U.S.C. the Capitol Police’’ and inserting ‘‘the Gen- the Legislative Branch Appropriations Act, 1905) is amended— eral Counsel to the Chief of Police and the 2001 (2 U.S.C. 1904) is amended— (A) in subsection (a)(1), by striking ‘‘Cap- United States Capitol Police’’. (A) in subsection (a), by striking ‘‘the Cap- itol Police Board’’ each place it appears and (2) NO EFFECT ON CURRENT PROCEEDINGS.— itol Police Board’’ and inserting ‘‘the Chief inserting ‘‘United States Capitol Police’’; Nothing in the amendment made by para- of the Capitol Police’’; and and graph (1) may be construed to affect the au- (B) in subsection (b)(1), by striking ‘‘the (B) in subsection (a)(2), by striking ‘‘Cap- thority of any individual to enter an appear- Capitol Police Board’’ and inserting ‘‘the itol Police Board’’ and inserting ‘‘Chief of ance in any proceeding before any court of Chief of the Capitol Police’’. the United States Capitol Police’’. the United States or of any State or political (4) PERSONNEL ACTIONS OF THE CHIEF OF THE (2) EFFECTIVE DATE.—The amendments subdivision thereof which is initiated prior CAPITOL POLICE.— made by paragraph (1) shall take effect as if to the date of the enactment of this Act. (A) IN GENERAL.—Section 1018(e) of the included in the enactment of the Supple- SEC. 4. EMPLOYMENT COUNSEL TO THE CHIEF Legislative Branch Appropriations Act, 2003 mental Appropriations Act, 2001. OF POLICE AND THE UNITED STATES (2 U.S.C. 1907(e)) is amended by striking (c) PRIOR NOTICE TO AUTHORIZING COMMIT- CAPITOL POLICE. paragraph (1) and inserting the following: TEES OF DEPLOYMENT OUTSIDE JURISDIC- (a) LEGAL REPRESENTATION AUTHORITY.— ‘‘(1) AUTHORITY.— TION.—Section 1007(a)(1) of the Legislative (1) IN GENERAL.—Section 1002(a)(2)(B) of the ‘‘(A) IN GENERAL.—The Chief of the Capitol Branch Appropriations Act, 2005 (2 U.S.C. Legislative Branch Appropriations Act, 2004 Police, in carrying out the duties of office, is 1978(a)(1)) is amended by striking ‘‘prior no- (2 U.S.C. 1908(a)(2)(B)) is amended by striking authorized to appoint, hire, suspend with or tification to’’ and inserting the following: ‘‘the Employment Counsel for the United without pay, discipline, discharge, and set ‘‘prior notification to the Committee on States Capitol Police Board and the United the terms, conditions, and privileges of em- House Administration of the House of Rep- States Capitol Police’’ and inserting ‘‘the ployment of employees of the Capitol Police, resentatives, the Committee on Rules and Employment Counsel to the Chief of Police subject to and in accordance with applicable Administration of the Senate, and’’. and the United States Capitol Police’’. laws and regulations. (d) ADVANCE PAYMENTS FOR SUBSCRIPTION (2) NO EFFECT ON CURRENT PROCEEDINGS.— ‘‘(B) SPECIAL RULE FOR TERMINATIONS.—The SERVICES.— Nothing in the amendment made by para- Chief may terminate an officer, member, or (1) IN GENERAL.—Section 1002 of the Legis- graph (1) may be construed to affect the au- employee only after the Chief has provided lative Branch Appropriations Act, 2008 (Pub- thority of any individual to enter an appear- notice of the termination to the Capitol Po- lic Law 110–161; 2 U.S.C. 1981) is amended by ance in any proceeding before any court of lice Board (in such manner as the Board may inserting ‘‘the Committee on House Adminis- the United States or of any State or political

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subdivision thereof which is initiated prior (3) CONFORMING AMENDMENT.— tives.’’, which appears in 2 U.S.C. 1901 (2000 to the date of the enactment of this Act. (A) IN GENERAL.—Section 1009 of the Legis- Edition, Supp. V), are repealed. (b) NO EFFECT ON CURRENT EMPLOYMENT lative Branch Appropriations Act, 2003 (Pub- (2) RESTORATION OF REPEALED PROVISION.— COUNSEL.—Nothing in this section or the lic Law 108–7; 117 Stat. 359) is repealed. Section 1018(h)(1) of the Legislative Branch amendments made by this section may be (B) EFFECTIVE DATE.—The amendment Appropriations Act, 2003 (Public Law 108–7, construed to affect the status of the indi- made by subparagraph (A) shall take effect div. H, title I, 117 Stat. 368) is repealed, and vidual serving as the Employment Counsel as if included in the enactment of the Legis- the sentence ‘‘The Capitol Police shall be to the Chief of Police and the United States lative Branch Appropriations Act, 2003, ex- headed by a Chief who shall be appointed by Capitol Police as of the date of the enact- cept that the amendment shall not apply the Capitol Police Board and shall serve at ment of this Act. with respect to any overtime work per- the pleasure of the Board.’’, which was re- SEC. 5. CLARIFICATION OF AUTHORITIES RE- formed prior to the date of the enactment of pealed by such section, is restored to appear GARDING CERTAIN PERSONNEL this Act. at the end of section 1821 of the Revised BENEFITS. Statutes of the United States (2 U.S.C. 1901). (a) NO LUMP-SUM PAYMENT PERMITTED FOR SEC. 6. OTHER MISCELLANEOUS TECHNICAL CORRECTIONS. (3) CONFORMING AMENDMENT.—The first sen- UNUSED COMPENSATORY TIME.— tence of section 1821 of the Revised Statutes (1) IN GENERAL.—No officer or employee of (a) REPEAL OF OBSOLETE PROCEDURES FOR INITIAL APPOINTMENT OF CHIEF ADMINISTRA- of the United States (2 U.S.C. 1901) is amend- the United States Capitol Police whose served by striking ‘‘, the members of which shall ice with the United States Capitol Police is TIVE OFFICER.—Section 108 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. be appointed by the Sergeants-at-Arms of terminated may receive any lump-sum pay- the two Houses and the Architect of the Cap- ment with respect to accrued compensatory 1903) is amended by striking subsections (d) through (g). itol Extension’’. time off, except to the extent permitted (4) EFFECTIVE DATE.—The amendments (b) REPEAL OF REQUIREMENT THAT OFFICERS under section 203(c)(4) of the Congressional made by this subsection shall take effect as PURCHASE OWN UNIFORMS.—Section 1825 of Accountability Act of 1995 (2 U.S.C. if included in the enactment of the Legisla- the Revised Statutes of the United States (2 1313(c)(4)). tive Branch Appropriations Act, 2003. U.S.C. 1943) is repealed. (2) REPEAL OF RELATED OBSOLETE PROVI- SEC. 7. TREATMENT OF CAPITOL POLICE EM- (c) REPEAL OF REFERENCES TO OFFICERS SIONS.— PLOYEES AS CONGRESSIONAL EM- (A) OVERTIME PAY DISBURSED BY HOUSE.— AND PRIVATES IN AUTHORITIES RELATING TO PLOYEES. Section 3 of House Resolution 449, Ninety- HOUSE AND SENATE OFFICE BUILDINGS.— (a) DEFINITION OF CONGRESSIONAL EM- second Congress, agreed to June 2, 1971, as (1) HOUSE OFFICE BUILDINGS.—The item re- PLOYEE.—Section 2107(4) of title 5, United enacted into permanent law by chapter IV of lating to ‘‘House of Representatives Office States Code, is amended by inserting ‘‘or em- the Supplemental Appropriations Act, 1972 Building’’ in the Act entitled ‘‘An Act mak- ployee’’ after ‘‘member’’. (85 Stat. 636) (2 U.S.C. 1924), together with ing appropriations for sundry civil expenses (b) DUAL PAY AND DUAL EMPLOYMENT.— any other provision of law which relates to of the Government for the fiscal year ending (1) DEFINITION OF AGENCY IN THE LEGISLA- compensatory time for the Capitol Police June thirtieth, nineteen hundred and eight, TIVE BRANCH.—Section 5531(4) of title 5, which is codified at section 1924 of title 2, and for other purposes’’, approved March 4, United States Code, is amended by striking United States Code (2000 Editions, Supp. V), 1907 (34 Stat. 1365; 2 U.S.C. 2001), is amended ‘‘and the Congressional Budget Office’’ and is repealed. by striking ‘‘other than officers and privates inserting ‘‘the Congressional Budget Office, (B) OVERTIME PAY DISBURSED BY SENATE.— of the Capitol police’’ each place it appears and the United States Capitol Police’’. The last full paragraph under the heading and inserting ‘‘other than the United States (2) DUAL PAY.—Section 5533 of title 5, ‘‘Administrative Provisions’’ in the appro- Capitol Police’’. United States Code, is amended— priation for the Senate in the Legislative (2) SENATE OFFICE BUILDINGS.—The item re- (A) in subsection (c)— Branch Appropriations Act, 1972 (85 Stat. 130) lating to ‘‘Senate Office Building’’ in the (i) in paragraph (1), by striking ‘‘or the (2 U.S.C. 1925) is repealed. Legislative Branch Appropriation Act, 1943 Chief Administrative Officer of the House of (b) OVERTIME COMPENSATION FOR OFFICERS (56 Stat. 343; 2 U.S.C. 2023) is amended by Representatives’’ and inserting ‘‘, the Chief AND EMPLOYEES EXEMPT FROM FAIR LABOR striking ‘‘other than for officers and privates Administrative Officer of the House of Rep- STANDARDS ACT OF 1938.— of the Capitol Police’’ each place it appears resentatives, or the Chief of the Capitol Po- (1) CRITERIA UNDER WHICH COMPENSATION and inserting ‘‘other than for the United lice’’; and PERMITTED.—The Chief of the Capitol Police States Capitol Police’’. (ii) in paragraph (2), by inserting ‘‘or the may provide for the compensation of over- (d) CLARIFICATION OF APPLICABILITY OF U.S. Chief of the Capitol Police’’ after ‘‘House of time work of exempt individuals which is CAPITOL POLICE AND LIBRARY OF CONGRESS Representatives’’; and performed on or after the date of the enact- POLICE MERGER IMPLEMENTATION ACT OF (B) in subsection (d)(5)(A), by striking ‘‘or ment of this Act, in the form of additional 2007.— the Chief Administrative Officer of the pay or compensatory time off, only if— (1) REPEAL OF DUPLICATE PROVISIONS.—Ef- House of Representatives’’ and inserting ‘‘, (A) the overtime work is carried out in fective as if included in the enactment of the the Chief Administrative Officer of the connection with special circumstances, as Legislative Branch Appropriations Act, 2008 House of Representatives, or the Chief of the determined by the Chief; (Public Law 110–161), section 1004 of such Act Capitol Police’’. (B) the Chief has established a monetary is repealed, and any provision of law amend- (c) FEES FOR JURY AND WITNESS SERVICE.— value for the overtime work performed by ed or repealed by such section is restored or (1) CREDITING AMOUNTS RECEIVED.—Section such individual; and revived to read as if such section had not 5515 of title 5, United States Code, is amend- (C) the sum of the total amount of the been enacted into law. ed by striking ‘‘or the Chief Administrative compensation paid to the individual for the (2) NO EFFECT ON OTHER ACT.—Nothing in Officer of the House of Representatives’’ and overtime work (as determined on the basis of paragraph (1) may be construed to prevent inserting ‘‘, the Chief Administrative Officer the monetary value established under sub- the enactment or implementation of any of the House of Representatives, or the Chief paragraph (B)) and the total regular com- provision of the U.S. Capitol Police and Li- of the Capitol Police’’. pensation paid to the individual with respect brary of Congress Police Merger Implemen- (2) FEES FOR SERVICE.—Section 5537(a) of to the pay period involved may not exceed an tation Act of 2007 (Public Law 110–178), in- title 5, United States Code, is amended by amount equal to the cap on the aggregate cluding any provision of such Act that striking ‘‘or the Chief Administrative Officer amount of annual compensation that may be amends or repeals a provision of law which is of the House of Representatives’’ and insert- paid to the individual under applicable law restored or revived pursuant to paragraph ing ‘‘, the Chief Administrative Officer of the during the year in which the pay period oc- (1). House of Representatives, or the Chief of the Capitol Police’’. curs, as allocated on a per pay period basis (e) AUTHORITY OF CHIEF OF POLICE.— (d) EFFECTIVE DATE.—The amendments consistent with premium pay regulations of (1) REPEAL OF CERTAIN PROVISIONS CODIFIED made by this section shall take effect as the Capitol Police Board. IN TITLE 2, UNITED STATES CODE.—The provi- though enacted as part of section 1018 of the (2) EXEMPT INDIVIDUALS DEFINED.—In this sions appearing in the first paragraph under Legislative Branch Appropriations Act, 2003 subsection, an ‘‘exempt individual’’ is an of- the heading ‘‘Capitol Police’’ in the Act of (2 U.S.C. 1907). ficer or employee of the United States Cap- April 28, 1902 (ch. 594; 32 Stat. 124), and the SEC. 8. LAW ENFORCEMENT AUTHORITY OF SER- itol Police— provisions appearing in the first paragraph GEANT-AT-ARMS AND DOORKEEPER (A) who is classified under regulations under the heading ‘‘Capitol Police’’ in title I OF THE SENATE. issued pursuant to section 203 of the Con- of the Legislative and Judiciary Appropria- (a) IN GENERAL.—The Sergeant-at-Arms gressional Accountability Act of 1995 (2 tion Act, 1944 (ch. 173; 57 Stat. 230), insofar as and Doorkeeper of the Senate shall have the U.S.C. 1313) as exempt from the application all of those provisions are related to the sen- same law enforcement authority, including of the rights and protections established by tence ‘‘The captain and lieutenants shall be the authority to carry firearms, as a member subsections (a)(1) and (d) of section 6, section selected jointly by the Sergeant at Arms of of the Capitol Police. The law enforcement 7, and section 12(c) of the Fair Labor Stand- the Senate and the Sergeant at Arms of the authority under the preceding sentence shall ards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), House of Representatives; and one-half of the be subject to the requirement that the Ser- 207, 212(c)); or privates shall be selected by the Sergeant at geant-at-Arms and Doorkeeper of the Senate (B) whose annual rate of pay is not estab- Arms of the Senate and one-half by the Ser- have the qualifications specified in sub- lished specifically under any law. geant at Arms of the House of Representa- section (b).

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(b) QUALIFICATIONS.—The qualifications re- (iii) 4 shall be appointed for terms of 3 ical party or candidate for elective public of- ferred to in subsection (a) are the following: years. fice. (1) A minimum of 5 years of experience as (D) REMOVAL FOR CAUSE.—The Secretary of (D) SENSE OF CONGRESS REGARDING LOB- a law enforcement officer before beginning Commerce may remove any member of the BYING ACTIVITIES.—It is the sense of Congress service as the Sergeant-at-Arms and Door- board for good cause. that the Corporation should not engage in keeper of the Senate. (E) VACANCIES.—Any vacancy in the board lobbying activities (as defined in section 3(7) (2) Current certification in the use of fire- shall not affect its power, but shall be filled of the Lobbying Disclosure Act of 1995 (5 arms by the appropriate Federal law enforce- in the manner required by this subsection. U.S.C. 1602(7)). ment entity or an equivalent non-Federal en- Any member whose term has expired may (5) DUTIES AND POWERS.— tity. serve until the member’s successor has taken (A) IN GENERAL.—The Corporation shall de- (3) Any other firearms qualification re- office, or until the end of the calendar year velop and execute a plan— quired for members of the Capitol Police. in which the member’s term has expired, (i) to provide useful information to foreign (c) REGULATIONS.—The Committee on whichever is earlier. Any member appointed tourists, business people, students, scholars, Rules and Administration of the Senate shall to fill a vacancy occurring prior to the expi- scientists, and others interested in traveling have authority to prescribe regulations to ration of the term for which that member’s to the United States, including the distribu- carry out this section. predecessor was appointed shall be appointed tion of material provided by the Federal gov- SEC. 9. TRAVEL PROMOTION ACT OF 2009. for the remainder of the predecessor’s term. ernment concerning entry requirements, required documentation, fees, processes, and (a) SHORT TITLE.—This section may be No member of the board shall be eligible to information concerning declared public cited as the ‘‘Travel Promotion Act of 2009’’. serve more than 2 consecutive full 3-year health emergencies, to prospective travelers, (b) THE CORPORATION FOR TRAVEL PRO- terms. travel agents, tour operators, meeting plan- MOTION.— (F) ELECTION OF CHAIRMAN AND VICE CHAIR- ners, foreign governments, travel media and (1) ESTABLISHMENT.—The Corporation for MAN.—Members of the board shall annually other international stakeholders; Travel Promotion is established as a non- elect one of the members to be Chairman and (ii) to identify, counter, and correct profit corporation. The Corporation shall not elect 1 or 2 of the members as Vice Chairman misperceptions regarding United States be an agency or establishment of the United or Vice Chairmen. entry policies around the world; States Government. The Corporation shall (G) STATUS AS FEDERAL EMPLOYEES.—Not- (iii) to maximize the economic and diplo- be subject to the provisions of the District of withstanding any provision of law to the matic benefits of travel to the United States Columbia Nonprofit Corporation Act (D.C. contrary, no member of the board may be by promoting the United States of America Code, section 29-1001 et seq.), to the extent considered to be a Federal employee of the to world travelers through the use of, but that such provisions are consistent with this United States by virtue of his or her service not limited to, all forms of advertising, out- subsection, and shall have the powers con- as a member of the board. reach to trade shows, and other appropriate ferred upon a nonprofit corporation by that (H) COMPENSATION; EXPENSES.—No member promotional activities; Act to carry out its purposes and activities. shall receive any compensation from the (iv) to ensure that international travel (2) BOARD OF DIRECTORS.— Federal government for serving on the benefits all States and the District of Colum- (A) IN GENERAL.—The Corporation shall Board. Each member of the Board shall be bia and to identify opportunities and strate- have a board of directors of 11 members with paid actual travel expenses and per diem in gies to promote tourism to rural and urban knowledge of international travel promotion lieu of subsistence expenses when away from areas equally, including areas not tradition- and marketing, broadly representing various his or her usual place of residence, in accord- ally visited by international travelers; and regions of the United States, who are United ance with section 5703 of title 5, United (v) to give priority to the Corporation’s ef- States citizens. Members of the board shall States Code. forts with respect to countries and popu- be appointed by the Secretary of Commerce (3) OFFICERS AND EMPLOYEES.— lations most likely to travel to the United (after consultation with the Secretary of (A) IN GENERAL.—The Corporation shall States. Homeland Security and the Secretary of have an executive director and such other of- (B) SPECIFIC POWERS.—In order to carry out State), as follows: ficers as may be named and appointed by the the purposes of this subsection, the Corpora- (i) 1 shall have appropriate expertise and board for terms and at rates of compensation tion may— experience in the hotel accommodations sec- fixed by the board. No individual other than (i) obtain grants from and make contracts tor; a citizen of the United States may be an offi- with individuals and private companies, (ii) 1 shall have appropriate expertise and cer of the Corporation. The Corporation may State, and Federal agencies, organizations, experience in the restaurant sector; hire and fix the compensation of such em- and institutions; (iii) 1 shall have appropriate expertise and ployees as may be necessary to carry out its (ii) hire or accept the voluntary services of experience in the small business or retail purposes. No officer or employee of the Cor- consultants, experts, advisory boards, and sector or in associations representing that poration may receive any salary or other panels to aid the Corporation in carrying out sector; compensation (except for compensation for its purposes; and (iv) 1 shall have appropriate expertise and services on boards of directors of other orga- (iii) take such other actions as may be nec- experience in the travel distribution services nizations that do not receive funds from the essary to accomplish the purposes set forth sector; Corporation, on committees of such boards, in this subsection. (v) 1 shall have appropriate expertise and and in similar activities for such organiza- (C) PUBLIC OUTREACH AND INFORMATION.— experience in the attractions or recreations tions) from any sources other than the Cor- The Corporation shall develop and maintain sector; poration for services rendered during the pe- a publicly accessible website. (vi) 1 shall have appropriate expertise and riod of his or her employment by the Cor- (6) OPEN MEETINGS.—Meetings of the board experience as officials of a city convention poration. Service by any officer on boards of of directors of the Corporation, including and visitors’ bureau; directors of other organizations, on commit- any committee of the board, shall be open to (vii) 2 shall have appropriate expertise and tees of such boards, and in similar activities the public. The board may, by majority vote, experience as officials of a State tourism of- for such organizations shall be subject to an- close any such meeting only for the time fice; nual advance approval by the board and sub- necessary to preserve the confidentiality of (viii) 1 shall have appropriate expertise and ject to the provisions of the Corporation’s commercial or financial information that is experience in the passenger air sector; Statement of Ethical Conduct. All officers privileged or confidential, to discuss per- (ix) 1 shall have appropriate expertise and and employees shall serve at the pleasure of sonnel matters, or to discuss legal matters experience in immigration law and policy, the board. affecting the Corporation, including pending including visa requirements and United (B) NONPOLITICAL NATURE OF APPOINT- or potential litigation. States entry procedures; and MENT.—No political test or qualification (7) MAJOR CAMPAIGNS.—The board may not (x) 1 shall have appropriate expertise in the shall be used in selecting, appointing, pro- authorize the Corporation to obligate or ex- intercity passenger railroad business. moting, or taking other personnel actions pend more than $25,000,000 on any advertising (B) INCORPORATION.—The members of the with respect to officers, agents, or employees campaign, promotion, or related effort un- initial board of directors shall serve as of the Corporation. less— incorporators and shall take whatever ac- (4) NONPROFIT AND NONPOLITICAL NATURE OF (A) the obligation or expenditure is ap- tions are necessary to establish the Corpora- CORPORATION.— proved by an affirmative vote of at least 2/3 tion under the District of Columbia Non- (A) STOCK.—The Corporation shall have no of the members of the board present at the profit Corporation Act (D.C. Code, section 29- power to issue any shares of stock, or to de- meeting; 301.01 et seq.). clare or pay any dividends. (B) at least 6 members of the board are (C) TERM OF OFFICE.—The term of office of (B) PROFIT.—No part of the income or as- present at the meeting at which it is ap- each member of the board appointed by the sets of the Corporation shall inure to the proved; and Secretary shall be 3 years, except that, of benefit of any director, officer, employee, or (C) each member of the board has been the members first appointed— any other individual except as salary or rea- given at least 3 days advance notice of the (i) 3 shall be appointed for terms of 1 year; sonable compensation for services. meeting at which the vote is to be taken and (ii) 4 shall be appointed for terms of 2 (C) POLITICS.—The Corporation may not the matters to be voted upon at that meet- years; and contribute to or otherwise support any polit- ing.

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(8) FISCAL ACCOUNTABILITY.— any purpose inconsistent with carrying out (B) MATCHING FUNDS.—Any amount re- (A) FISCAL YEAR.—The Corporation shall the objectives, budget, and report described ceived by the Corporation from non-Federal establish as its fiscal year the 12-month pe- in this subsection. sources in fiscal year 2010, 2011, 2012, 2013, or riod beginning on October 1. (d) MATCHING PUBLIC AND PRIVATE FUND- 2014 that cannot be used to meet the match- (B) BUDGET.—The Corporation shall adopt ING.— ing requirement under paragraph (3)(A) for a budget for each fiscal year. (1) ESTABLISHMENT OF TRAVEL PROMOTION the fiscal year in which amount was col- (C) ANNUAL AUDITS.—The Corporation shall FUND.—There is hereby established in the lected may be carried forward and treated as engage an independent accounting firm to Treasury a fund which shall be known as the having been received in the succeeding fiscal conduct an annual financial audit of the Cor- Travel Promotion Fund. year for purposes of meeting the matching poration’s operations and shall publish the (2) FUNDING.— requirement of paragraph (3)(A) in such suc- results of the audit. The Comptroller Gen- ceeding fiscal year. (A) START-UP EXPENSES.—For fiscal year (e) TRAVEL PROMOTION FUND FEES.—Sec- eral of the United States may review any 2010, the Secretary of the Treasury shall tion 217(h)(3)(B) of the Immigration and Na- audit of a financial statement conducted make available to the Corporation such sums tionality Act (8 U.S.C. 1187(h)(3)(B)) is under this paragraph by an independent ac- as may be necessary, but not to exceed amended to read as follows: counting firm and may audit the Corpora- $10,000,000, from amounts deposited in the ‘‘(B) FEES.— tion’s operations at the discretion of the general fund of the Treasury from fees under Comptroller General. The Comptroller Gen- ‘‘(i) IN GENERAL.—No later than 6 months section 217(h)(3)(B)(i)(I) of the Immigration eral and the Congress shall have full and after the date of enactment of the Travel and Nationality Act (8 U.S.C. complete access to the books and records of Promotion Act of 2009, the Secretary of 1187(h)(3)(B)(i)(I)) to cover the Corporation’s the Corporation. Homeland Security shall establish a fee for initial expenses and activities under this sec- (D) PROGRAM AUDITS.—Not later than 2 the use of the System and begin assessment tion. Transfers shall be made at least quar- years after the date of enactment of this sec- and collection of that fee. The initial fee terly, beginning on January 1, 2010, on the tion, the Comptroller General shall conduct shall be the sum of— basis of estimates by the Secretary, and a review of the programmatic activities of ‘‘(I) $10 per travel authorization; and proper adjustments shall be made in the Corporation for Travel Promotion. This ‘‘(II) an amount that will at least ensure report shall be provided to appropriate con- amounts subsequently transferred to the ex- recovery of the full costs of providing and gressional committees. tent prior estimates were in excess or less administering the System, as determined by (c) ACCOUNTABILITY MEASURES.— than the amounts required to be transferred. the Secretary. (1) OBJECTIVES.—The Board shall establish (B) SUBSEQUENT YEARS.—For each of fiscal ‘‘(ii) DISPOSITION OF AMOUNTS COLLECTED.— annual objectives for the Corporation for years 2011 through 2014, from amounts depos- Amounts collected under clause (i)(I) shall each fiscal year subject to approval by the ited in the general fund of the Treasury dur- be credited to the Travel Promotion Fund es- Secretary of Commerce (after consultation ing the preceding fiscal year from fees under tablished by subsection (d) of section 11 of with the Secretary of Homeland Security section 217(h)(3)(B)(i)(I) of the Immigration the Travel Promotion Act of 2009. Amounts and the Secretary of State). The Corporation and Nationality Act (8 U.S.C. collected under clause (i)(II) shall be trans- shall establish a marketing plan for each fis- 1187(h)(B)(i)(I)), the Secretary of the Treas- ferred to the general fund of the Treasury cal year not less than 60 days before the be- ury shall transfer not more than $100,000,000 and made available to pay the costs incurred ginning of that year and provide a copy of to the Fund, which shall be made available to administer the System. the plan, and any revisions thereof, to the to the Corporation, subject to paragraph (3) ‘‘(iii) SUNSET OF TRAVEL PROMOTION FUND Secretary. of this subsection, to carry out its functions FEE.—The Secretary may not collect the fee (2) BUDGET.—The board shall transmit a under this section. Transfers shall be made authorized by clause (i)(I) for fiscal years be- copy of the Corporation’s budget for the at least quarterly on the basis of estimates ginning after September 30, 2014.’’. forthcoming fiscal year to the Secretary not by the Secretary, and proper adjustments (f) ASSESSMENT AUTHORITY.— less than 60 days before the beginning of shall be made in amounts subsequently (1) IN GENERAL.—Except as otherwise pro- each fiscal year, together with an expla- transferred to the extent prior estimates vided in this subsection, the Corporation nation of any expenditure provided for by were in excess or less than the amounts re- may impose an annual assessment on United the budget in excess of $5,000,000 for the fis- quired to be transferred. States members of the international travel cal year. The Corporation shall make a copy (3) MATCHING REQUIREMENT.— and tourism industry (other than those de- of the budget and the explanation available (A) IN GENERAL.—No amounts may be made scribed in subsection (b)(2)(A)(iii) or (H)) rep- to the public and shall provide public access available to the Corporation under this sub- resented on the Board in proportion to their to the budget and explanation on the Cor- section after fiscal year 2010, except to the share of the aggregate international travel poration’s website. extent that— and tourism revenue of the industry. The (3) ANNUAL REPORT TO CONGRESS.—The Cor- (i) for fiscal year 2011, the Corporation pro- Corporation shall be responsible for poration shall submit an annual report for vides matching amounts from non-Federal verifying, implementing, and collecting the the preceding fiscal year to the Secretary of sources equal in the aggregate to 50 percent assessment authorized by this subsection. Commerce for transmittal to the Congress or more of the amount transferred to the (2) INITIAL ASSESSMENT LIMITED.—The Cor- on or before the 15th day of May of each Fund under paragraph (2); and poration may establish the initial assess- year. The report shall include— (ii) for any fiscal year after fiscal year 2011, ment after the date of enactment of this sec- (A) a comprehensive and detailed report of the Corporation provides matching amounts tion at no greater, in the aggregate, than the Corporation’s operations, activities, fi- from non-Federal sources equal in the aggre- $20,000,000. nancial condition, and accomplishments gate to 100 percent of the amount transferred (3) REFERENDA.— under this section; to the Fund under paragraph (2) for the fiscal (A) IN GENERAL.—The Corporation may not (B) a comprehensive and detailed inven- year. impose an annual assessment unless— tory of amounts obligated or expended by (B) GOODS AND SERVICES.—For the purpose (i) the Corporation submits the proposed the Corporation during the preceding fiscal of determining the amount received from annual assessment to members of the indus- year; non-Federal sources by the Corporation, try in a referendum; and (C) a detailed description of each in-kind other than money— (ii) the assessment is approved by a major- contribution, its fair market value, the indi- (i) the fair market value of goods and serv- ity of those voting in the referendum. vidual or organization responsible for con- ices (including advertising) contributed to (B) PROCEDURAL REQUIREMENTS.—In contributing, its specific use, and a justification the Corporation for use under this section ducting a referendum under this paragraph, for its use within the context of the Corpora- may be included in the determination; but the Corporation shall— tion’s mission; (ii) the fair market value of such goods and (i) provide written or electronic notice not (D) an objective and quantifiable measure- services may not account for more than 80 less than 60 days before the date of the ref- ment of its progress, on an objective-by-ob- percent of the matching requirement under erendum; jective basis, in meeting the objectives es- subparagraph (A) for the Corporation in any (ii) describe the proposed assessment or in- tablished by the board; fiscal year. crease and explain the reasons for the ref- (E) an explanation of the reason for any (C) RIGHT OF REFUSAL.—The Corporation erendum in the notice; and failure to achieve an objective established by may decline to accept any contribution in- (iii) determine the results of the ref- the board and any revisions or alterations to kind that it determines to be inappropriate, erendum on the basis of weighted voting ap- the Corporation’s objectives under paragraph not useful, or commercially worthless. portioned according to each business entity’s (1); (D) LIMITATION.—The Corporation may not relative share of the aggregate annual (F) a comprehensive and detailed report of obligate or expend funds in excess of the United States international travel and tour- the Corporation’s operations and activities total amount received by the Corporation for ism revenue for the industry per business en- to promote tourism in rural and urban areas; a fiscal year from Federal and non-Federal tity, treating all related entities as a single and sources. entity. (G) such recommendations as the Corpora- (4) CARRYFORWARD.— (4) COLLECTION.— tion deems appropriate. (A) FEDERAL FUNDS.—Amounts transferred (A) IN GENERAL.—The Corporation shall es- (4) LIMITATION ON USE OF FUNDS.—Amounts to the Fund under paragraph (2)(B) shall re- tablish a means of collecting the assessment deposited in the Fund may not be used for main available until expended. that it finds to be efficient and effective. The

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12482 CONGRESSIONAL RECORD — HOUSE November 6, 2009 Corporation may establish a late payment on Foreign Affairs describing the Office’s Mr. Speaker, I now want to yield to charge and rate of interest to be imposed on work with the Corporation, the Secretary of the gentlewoman from Florida (Ms. any person who fails to remit or pay to the State and the Secretary of Homeland Secu- CASTOR) such time as she may con- Corporation any amount assessed by the Cor- rity to carry out subsection (c)(2).’’. sume. poration under this section. (h) RESEARCH PROGRAM.—Title II of the Ms. CASTOR of Florida. I thank my (B) ENFORCEMENT.—The Corporation may International Travel Act of 1961 (22 U.S.C. bring suit in Federal court to compel compli- 2121 et seq.), as amended by subsection (g), is good friend, the gentlewoman from ance with an assessment levied by the Cor- further amended by inserting after section California (Mrs. DAVIS), for yielding me poration under this section. 202 the following: time. (5) INVESTMENT OF FUNDS.—Pending dis- ‘‘SEC. 203. RESEARCH PROGRAM. I rise in support of the United States bursement pursuant to a program, plan, or ‘‘(a) IN GENERAL.—The Office of Travel and Capitol Police Administrative Tech- project, the Corporation may invest funds Tourism Industries shall expand and con- nical Corrections Act of 2009. As part of collected through assessments, and any tinue its research and development activities the act, Mr. Speaker, the House will other funds received by the Corporation, in connection with the promotion of inter- consider Senate bill 1023, the Travel only in obligations of the United States or national travel to the United States, includ- Promotion Act, which is similar to any agency thereof, in general obligations of ing— H.R. 2935 by Representative DELAHUNT any State or any political subdivision there- ‘‘(1) expanding access to the official Mexi- of, in any interest-bearing account or certifi- can travel surveys data to provide the States of Massachusetts, a bill of which I am cate of deposit of a bank that is a member of with traveler characteristics and visitation pleased to be a cosponsor. I would like the Federal Reserve System, or in obliga- estimates for targeted marketing programs; to thank Congressman DELAHUNT, who tions fully guaranteed as to principal and in- ‘‘(2) expanding the number of inbound air is on the floor here this morning, for terest by the United States. travelers sampled by the Commerce Depart- fighting for jobs for Americans because (g) OFFICE OF TRAVEL PROMOTION.—Title II ment’s Survey of International Travelers to the Travel Promotion Act is a jobs bill. of the International Travel Act of 1961 (22 reach a 1 percent sample size and revising U.S.C. 2121 et seq.) is amended by inserting It’s a vital economic development ini- the design and format of questionnaires to tiative to combat the economic down- after section 201 the following: accommodate a new survey instrument, im- ‘‘SEC. 202. OFFICE OF TRAVEL PROMOTION. prove response rates to at least double the turn that we’ve been battling since the ‘‘(a) OFFICE ESTABLISHED.—There is estab- number of States and cities with reliable spring of 2008. lished within the Department of Commerce international visitor estimates and improve The Travel Promotion Act estab- an office to be known as the Office of Travel market coverage; lishes a nonprofit corporation for trav- Promotion. ‘‘(3) developing estimates of international el promotion to promote tourism in the ‘‘(b) DIRECTOR.— travel exports (expenditures) on a State-by- United States and to provide travel in- ‘‘(1) APPOINTMENT.—The Office shall be State basis to enable each State to compare formation to people around the world. headed by a Director who shall be appointed its comparative position to national totals It is very similar to an initiative in my by the Secretary. and other States; home State of Florida, and we all know ‘‘(2) QUALIFICATIONS.—The Director shall ‘‘(4) evaluate the success of the Corpora- be a citizen of the United States and have ex- tion in achieving its objectives and carrying that tourism is especially important to perience in a field directly related to the out the purposes of the Travel Promotion the State of Florida. promotion of travel to and within the United Act of 2009; and Florida is a top travel destination States. ‘‘(5) research to support the annual reports from across the globe. The millions and ‘‘(3) DUTIES.—The Director shall be respon- required by section 202(d) of this Act. millions of tourists who travel to warm sible for ensuring the office is carrying out ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— and sunny Florida support a $57 billion its functions effectively and shall report to There are authorized to be appropriated to tourism industry and our economy. the Secretary. the Secretary of Commerce for fiscal years People come from every nation to visit ‘‘(c) FUNCTIONS.—The Office shall— 2010 through 2014 such sums as may be nec- ‘‘(1) serve as liaison to the Corporation for essary to carry out this section.’’. our beautiful beaches, Bush Gardens, Travel Promotion established by subsection Disney World, Universal Studios, the The SPEAKER pro tempore. Pursu- Everglades, and more. The Florida (b) of section 11 of the Travel Promotion Act ant to the rule, the gentlewoman from of 2009 and support and encourage the devel- economy thrives, just like many other opment of programs to increase the number California (Mrs. DAVIS) and the gen- States across the Nation, and families of international visitors to the United States tleman from California (Mr. DANIEL E. have good jobs and a clean industry be- for business, leisure, educational, medical, LUNGREN) each will control 20 minutes. cause of tourism. exchange, and other purposes; The Chair recognizes the gentle- Having beaches and attractions often ‘‘(2) work with the Corporation, the Sec- woman from California. is not enough, however. Florida also retary of State and the Secretary of Home- GENERAL LEAVE land Security— communicates to the world about Flor- ‘‘(A) to disseminate information more ef- Mrs. DAVIS of California. Mr. Speak- ida vacations through the Visit Florida fectively to potential international visitors er, I ask unanimous consent that all tourism advertising campaign. We have about documentation and procedures re- Members have 5 legislative days in a Web site and many outreach efforts, quired for admission to the United States as which to revise and extend their re- but there is no similar initiative for a visitor; marks and to include extraneous mate- the United States as a whole inter- ‘‘(B) to ensure that arriving international rial on the measure now under consid- nationally. So the intent of the Travel visitors are generally welcomed with accu- eration. Promotion Act is to create new jobs rate information and in an inviting manner; The SPEAKER pro tempore. Is there ‘‘(C) to collect accurate data on the total through growing tourism nationwide. number of international visitors that visit objection to the request of the gentle- Unfortunately, there are many mis- each State; and woman from California? conceptions that the United States is ‘‘(D) enhance the entry and departure expe- There was no objection. not a friendly place for international rience for international visitors through the Mrs. DAVIS of California. Mr. Speak- tourists. Other nations actively pro- use of advertising, signage, and customer er, I yield myself such time as I may mote international tourism through service; and consume. advertising campaigns and outreach, ‘‘(3) support State, regional, and private Mr. Speaker, on March 31, the House but some say that we have allowed our sector initiatives to promote travel to and passed H.R. 1299, to make technical within the United States. image to become an unwelcome one. ‘‘(d) REPORTS TO CONGRESS.—Within a year corrections to laws governing adminis- Nations that project a welcoming after the date of enactment of the Travel tration of the Capitol Police. In the image are reaping economic benefits Promotion Act of 2009, and periodically weeks since, the Senate Rules Com- while we run the risk of being left be- thereafter as appropriate, the Secretary mittee has worked with us to improve hind. shall transmit a report to the Senate Com- the bill even further. The results of our Overseas travel in the United States mittee on Commerce, Science, and Transpor- joint effort are incorporated into the has declined by 10 percent in the first tation, the Senate Committee on Homeland motion before the House. quarter of 2009. But we are going to Security and Governmental Affairs, the Sen- I especially want to thank the gen- turn that around through this Travel ate Committee on Foreign Relations, the House of Representatives Committee on En- tleman from California (Mr. DANIEL E. Promotion Act. Our travel bill would ergy and Commerce, the House of Represent- LUNGREN) and his able staff for their let world travelers know that we want atives Committee on Homeland Security, invaluable assistance on this impor- them to visit America’s great cities and the House of Representatives Committee tant bill, and I urge an ‘‘aye’’ vote. and natural wonders. We want the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12483 world to come and share our culture gresswoman LORETTA SANCHEZ of the with the Departments of State and Home- and experience the richness that is the Homeland Security Committee during land Security which also have key respon- United States of America. Therefore, I the House’s earlier consideration of S. sibilities relating to travel and tourism. For example, it is imperative that the Corpora- urge adoption of the Travel Promotion 1023 as attached to House Resolution tion coordinate on any information it may Act to get our economy moving and 806. That colloquy and its commit- disseminate regarding entry requirements, create jobs. ments are still valid today as we work required documentation, fees, processes, and Hats off again to Congressman again to pass the Tourism Promotion information concerning declared public DELAHUNT and the other sponsors of Act. health emergencies and requirements for en- this legislation in the Energy and Com- I would like to enter into the RECORD tering the United States. This coordination merce Committee. This is an important the letters that were cross-referenced is necessary in order to avoid the risk that prospective travelers to the United States bipartisan effort. in that colloquy. I would also like to could receive conflicting or confusing infor- Mr. DANIEL E. LUNGREN of Cali- add for the RECORD that we intend to mation regarding entry requirements and fornia. Mr. Speaker, I yield myself such work with Congressman DOYLE of processes. time as I may consume. Pennsylvania regarding nonprofit cul- III. TRAVEL PROMOTION FUND FEES Mr. Speaker, I rise today in support tural destinations as part of the bill. Under the Implementing Recommenda- of this resolution, which includes the HOUSE OF REPRESENTATIVES, tions of the 9/11 Commission Act of 2007 (P.L. United States Capitol Police Technical COMMITTEE ON ENERGY AND COMMERCE, 100–53), the Secretary of Homeland Security Corrections Act. I am pleased to rise in Washington, DC, October 7, 2009. already has authority to charge a fee to support of the bill which will enable Hon. JOHN D. ROCKEFELLER IV, cover the cost of administering the Elec- Chairman, Senate Committee on Commerce, tronic System for Travel Authorization the Chief of the Capitol Police to exer- (ESTA), but also has discretion to pay for cise the necessary authority to im- Science, and Transportation. Hon. AMY KLOBUCHAR, ESTA with other funds. Similarly, the legis- prove operations of the Capitol Police. Chairman, Subcommittee on Competitiveness, lation before us should maintain the Sec- The bill is an effort to resolve con- Innovation, and Export Promotion. retary’s discretion to determine the most ap- flicting provisions in existing law and Hon. BYRON L. DORGAN, propriate manner to fund ESTA administra- eliminate unnecessary regulations. U.S. Senator. tion. DEAR SENATORS ROCKEFELLER, KLOBUCHAR, The legislation does not specify how funds This bill is the result of the coopera- collected in excess of $100 million or greater AND DORGAN: As the House may consider S. tive effort between the chairman of the than the needs of the Corporation for Travel full committee as well as the Sub- 1023, the Travel Promotion Act of 2009, shortly, we write to clarify your intent with re- Promotion should be used. We believe that these funds should be transferred to the De- committee on Capitol Security to fa- gard to several provisions in the bill. cilitate the most efficient framework partment of Homeland Security to: 1) rein- CREATION OF THE CORPORATION vest in ESTA to support changes necessary in which the Capitol Police may oper- It is our understanding that the intent of ate. I am confident this collaborative to collect the new fee, and 2) enhance crit- the legislation is for the Department of Com- ical border security programs such as US- approach will continue, resulting in a merce to administer grants to the newly cre- VISIT and Global Entry. Under the Imple- safer and more effectively managed ated nonprofit, ‘‘Corporation for Travel Pro- menting Recommendations of the 9/11 Com- Capitol complex, and I urge the support motion.’’ It will be left to the judgment of mission Act of 2007, full implementation of of my colleagues. the Secretary of Commerce to transfer sums the US-VISIT air exit capability is required As was mentioned, this is combined necessary for the operations of the nonprofit for increased flexibility to expand the Visa with a bill on travel. And some might and the administration of the grants. We un- Waiver Program, which would help increase derstand further that the Department of tourism to the United States. say, What do these two separate bills Treasury will hold the separate ‘‘Travel Pro- IV. LIMITATIONS AND ACCOUNTABILITY have to do with one another? Abso- motion Fund,’’ but will have no substantive Furthermore, we believe it is essential to lutely nothing. role with regard to the Corporation. By hav- ensure that the Corporation’s funds are in- b 1115 ing the Department of Commerce issue vested only in low risk vehicles and that grants to the Corporation, we can assure the none of the funds provided to the Corpora- Yet what is allowed on this floor, be- application of Circular A–110, Uniform Ad- tion be used to directly promote or advertise cause we adopted yesterday a rule, is ministrative Requirements for Grants and a specific corporation. Finally, we under- martial law. What’s martial law? It Agreements with Institutions of Higher Edu- stand that under this bill, Congress has full means that the majority at any time cation, Hospitals, and Other Non-Profit Or- and complete access to the books and records may bring up any subject whatever, ganizations. A–110 imposes a number of re- of the Corporation. We would suggest that and we suspend all rules. ‘‘Suspending quirements on non-profit entities spending the Corporation proactively send its mar- federal dollars, including the requirement keting plan to Congress. all rules’’ means that you can change that contracts target small businesses owned V. SUMMARY every word in a bill and can present by women and minorities. that on the floor, and we vote on that. While there is strong support in the House In addition, we appreciate that you share for passage of S. 1023, the Travel Promotion The only reason I bring this to the our commitment to diversity on the Cor- Act of 2009, we remain concerned about some attention of my colleagues is that poration Board of Directors. We want to aspects of the bill. We look forward to work- some colleagues may not be aware stress that the Secretary of Commerce ing with you to conduct vigorous oversight that, sometimes when we bring a bill should make every effort to ensure that the of the Travel Promotion Act once it is law homeland security and small business com- to the floor which has the same name and to make any changes to the legislation munities are adequately represented on the that may become necessary. Thank you in of a bill they passed in subcommittee Corporation’s Board, and that the Board has and committee, it may be an entirely advance for clarifying your thoughts on the a balance of gender, ethnicity, and economic matters discussed in this letter. different bill. We normally have around status, as well as representatives from both Sincerely, here a rule of germaneness, but we urban and rural areas. HENRY WAXMAN, have a suspension of the rules so we Also, we understand the importance of a Chairman. functioning Corporation and the decision to can put completely separate, non- JOHN D. DINGELL, germane bills together, and that’s what allow expenditures to be made when six Chairman Emeritus. Board members are present. We would sug- we have. It’s an interesting comment gest that for expenditures over $25 million, U.S. SENATE, COMMITTEE ON COM- on how we do things here. the Board strive to have more than four With that, I reserve the balance of MERCE, SCIENCE, AND TRANSPOR- members support approval of such an ex- TATION, my time. penditure. Washington, DC, October 7, 2009. Moreover, we would expect the Corpora- Mrs. DAVIS of California. Mr. Speak- Hon. HENRY A. WAXMAN, tion’s campaigns to target travelers from a er, I yield once again to the gentle- Chairman, House Committee on Energy and diverse set of regions of the world and to ad- woman from Florida (Ms. CASTOR). Commerce, Rayburn House Office Building, vertise a wide range of destinations across Washington, DC. Ms. CASTOR of Florida. I thank my the United States and its territories. colleague from California for yielding Hon. JOHN D. DINGELL, II. COORDINATION WITH THE FEDERAL Chairman Emeritus, House Committee on En- time. GOVERNMENT Mr. Speaker, at this time, I would ergy and Commerce, Rayburn House Office Although the legislation creates a require- Building, Washington, DC. like to reference the CONGRESSIONAL ment that the Corporation consult with the DEAR CHAIRMAN WAXMAN AND CHAIRMAN RECORD of October 7, 2009. On that date, Department of Commerce, we believe that EMERITUS DINGELL: Thank you for your let- I entered into a colloquy with Con- the Corporation should consult regularly ter regarding S. 1023, the Travel Promotion

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12484 CONGRESSIONAL RECORD — HOUSE November 6, 2009 Act of 2009. We appreciate your significant achieve the goals of the Act, and we would Corporation for Travel Promotion Funding: interest in and contributions to this impor- insist that the Department of Commerce, the The Corporation has the fiduciary duty to tant piece of economic development legisla- Office of Travel Promotion, or the Corpora- collect and ascertain the quality of the pri- tion. tion for Travel Promotion not go forward vate sector contributions, protect the corpus Many members of the Senate have praised with any communication regarding the entry of the fund from undue and unnecessary this legislation for two main reasons. First, or visa process without prior consultation risks, and to make certain that the funds are the legislation would stimulate the economy with the Departments of State and Home- not used in a discriminatory fashion. at a time when our country is facing record land Security. In-Kind Goods and Services: The Act al- level job losses and deficits. A study by Ox- Board of Directors Composition and Guid- lows for up to 80 percent of the private sector ford Economics showed that a coordinated ance: The Secretary of Commerce has the re- contribution be fulfilled with in-kind con- international travel promotion campaign, sponsibility of appointing the Board of Di- tributions of goods and services that are ap- such as the type that would be created by S. rectors for the Corporation for Travel Pro- propriate to carry out the dictates of the 1023, could drive as much as $8 billion in new motion, after consultation with the Secre- Act. The Corporation shall be very conserv- spending and create nearly $1 billion in tax taries of Homeland Security and State. In ative in its acceptance of these goods and revenues annually. Additionally, the Con- addition to the mandates regarding the services. The contributions must be directly gressional Budget Office found that enacting Board expressed in Section 2(a), (b), (c) and useable for the campaigns, their value as- S. 1023 would have the added benefit of re- (d), we strongly encourage the Secretary of sessed at current fair market rates, and they ducing budget deficits by $425 million over Commerce to select board members that are must have true commercial value. In making fiscal years 2010–2019. This is the rare bill reflective of the diversity of our country. As that evaluation, we suggest that the good or that stimulates economic growth while re- with any governmental posting, we would ex- service be able to be sold on the open market ducing the deficit at the same time. pect the Board to reflect a balance of gender, and garner the assessed fair market return. Second, S. 1023 is a broadly bipartisan racial and ethnic diversity. As example, but not for the purposes of lim- piece of legislation. Authored by Senators Section 2(g) limits the Board’s ability to iting the discretion of the Corporation, we Dorgan and Ensign, 53 senators signed on as obligate or expend more than $25 million would consider television air-time or print co-sponsors to the measure. The Travel Pro- without at least 6 members of the Board advertising space to be examples of goods motion Act of 2009 passed the Senate on Sep- present. We would strongly suggest that as and services that would be appropriate for tember 9, 2009 by a vote of 79–19. While bipar- part of the Board’s procedures and rules of acceptance and usage. tisanship has been difficult to achieve on corporate governance that at least 5 mem- Protecting the Corpus of the Fund: As part many issues, the solidarity of support across bers be present before the authorization, ob- of its fiduciary duties to protect the Fund, the aisle shows the Senate’s strong commit- ligation or expenditure of any funds for cam- the Board of Directors must invest the fund ment to enacting this legislation. The travel paigns, promotions or related efforts. in conservative investment vehicles, such as industry is crucial to every state and region, Small Business Representation and Diversity Unites States Government Treasury Bills. and we are excited to join together with you of Contractors: Approximately 90 percent of While the Corporation should invest a $200 and the members of the House to aid in send- all employers that are part of the travel in- million dollar corpus to take advantage of ing this important bill to President Obama’s dustry are small businesses. One of the pri- the fund’s size to benefit American travel desk. mary purposes of the Act is to craft cam- businesses and taxpayers, the Fund should Presuming House passage of the Travel paigns to encourage overseas travelers to not be exposed to undue risk. Promotion Act of 2009 on Wednesday, Octo- come to America so these small businesses Prohibition on Discriminatory Fund Dis- ber 7, 2009 and the President’s signature generate new revenue and create new jobs. tribution and Campaign Focus: As mandated thereafter, we agree that the efficient and Because small businesses play a vital role in in Section 2(e), the international travel ad- proper implementation of the Act is the cor- the travel industry, we strongly encourage vertising campaign must benefit all states nerstone of a successful and equitable pro- the Secretary of Commerce to select board and the District of Columbia. We read this gram. As Chairman of the Senate Committee members who have knowledge and expertise mandate as strictly forbidding the Corpora- on Commerce, Science, and Transportation, of small businesses. We expect the Board and tion from expending funds to promote one joined by the Chairman of the Subcommittee the Executive Director to strive to make cer- specific company. The campaign should pro- on Competitiveness, Innovation, and Export tain that promotional efforts benefit small mote travel to the United States to provide Promotion and the author of S. 1023, please businesses in every region. In the planning benefits to multiple regions and businesses. find the following statements of intent re- and execution of campaigns, the Corporation A campaign singling out specific travel related companies would violate Section 3(d) of garding the Travel Promotion Act of 2009. should make special efforts in the bidding the Act. Consultation with the Department of Home- and contract process to target small busi- Governmental Responsibilities for Collecting land Security and the Department of State: One nesses and businesses owned by women and of the central purposes of the Travel Pro- and Distributing Funds: We expect the De- minorities. partments of Commerce, Homeland Security motion Act of 2009 is to assist in dissemi- Considerations for Promotion Campaigns: The and Treasury to work together collabo- nating information to foreign travelers Corporation and the Office for Travel Pro- ratively to execute the collection and dis- about documents and procedures required for motion shall plan and execute the promotion tribution of monies to the Travel Promotion admission to the United States. While the campaigns to maximize the return of invest- Office of Travel Promotion and the Corpora- Fund. ment for each advertising dollar expended. Department of Homeland Security and tion would have the mandated responsibility The campaigns should be comprehensive in Electronic System for Travel Authorization to serve as an outlet for this information, in scope and should advertise in all regions of (ESTA) Funding Discretion: The Travel Pro- no way does the Act change the primary re- the world to encourage overseas arrivals to motion Act of 2009 mandates that the Sec- sponsibilities of the Departments of State the United States. retary of Homeland Security establish and and Homeland Security for this function. Per the mandate in Section 2(e)1(D), the collect a fee from visa waiver travelers to The Department of Homeland Security has Corporation shall develop and execute a plan use the ESTA for the Travel Promotion authority over the entry portals to the to generate international tourism benefits Fund and an amount to ensure the costs of United States, and the Department of State for all states and the District of Columbia providing and administering the system. is responsible for the execution of the visa and to identify opportunities and strategies This mandate does not supersede or limit policy. The Act does not create an express or to encourage tourism to underserved rural any additional authority or discretion for implied ability for the Department of Com- and urban areas equally, including areas not the Department of Homeland Security to pay merce to supersede either agency’s respon- traditionally visited by international trav- for ESTA administration with other funds. sibilities. The purpose of the Office of Travel elers. It is our intention that U.S. territories The need for this additional ESTA fee is at Promotion is to educate potential foreign are included in the promotional plan along the determination of the Secretary. If the tourists regarding the visa and entry policies with the states and District of Columbia. We ESTA system is funded by other means, the set by those agencies—not to change visa expect the Corporation and the Office of Secretary of Homeland Security shall collect and entry policies. Travel Promotion to vigorously implement the minimum $10 for the Travel Promotion It is our expectation that the consultation and execute this mandate. Fund as mandated by the Travel Promotion requirements established in Sections 3 and 7 Accountability and Oversight: Section 3(c) of Act of 2009. of the Act will establish an open, ongoing the Act mandates that the Secretary of Com- Usage of Fees after seeding the Travel Pro- and vigorous line of communication between merce transmit an annual report to Con- motion Fund: The Travel Promotion Fund the Departments of Commerce, Homeland gress, which shall include a comprehensive Fee as established in Section 5 of the Act is Security and State. The goal is for the Com- and detailed report of the operations, activi- to provide the funding level mandated by the merce Department and the Office of Travel ties, financial condition and accomplish- year of collection. After the Federal con- Promotion to work closely with the other ments of the Corporation. To aid in the over- tribution level for the Fund has reached its agencies to clearly and accurately commu- sight of the Corporation and the Office of annual cap, we strongly suggest that any nicate visa and entry policies and to improve Travel Promotion, we strongly suggest the funds collected beyond that level may be the entry experience for international arriv- Corporation submit its marketing plan to used to complete visa waiver system im- als. In that vein, we expect the Departments the Senate Committee on Commerce. provements to the ESTA. of Homeland Security and State to work Science, and Transportation and the House The Department of Commerce is the Pri- with the Department of Commerce to Committee on Energy and Commerce. mary Agency: The Department of Commerce

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12485 is responsible for administering the Travel tually every instance, they leave the who showed up yesterday, just as, pre- Promotion Fund. As part of the Secretary’s United States of America under- sumably, the leaders in the AMA are duties, which include selecting the Board of standing us better and liking us better. ignoring their rank-and-file doctors Directors of the Corporation, overseeing the Office of Travel Promotion within the De- This is an important diplomatic tool as who are today bringing forward a vote partment, and executing the accountability well as an important economic tool. of ‘‘no confidence’’ against their board measures mandated by the Act, the Sec- Mr. Speaker, I look forward to seeing of directors for supporting the health retary also is responsible for administering this bill pass the House and the Senate, care bill that is going to be presented the Fund. The Department of the Treasury is and hopefully this year, Mr. DELAHUNT to us sometime this week. not responsible for administering the Travel and I, if we’re not with the President That’s the bill that we were going to Promotion Fund; its responsibilities are lim- when he signs the bill, we’ll at least vote on in June, July, August, Sep- ited to holding and distributing the funds to know that the President has finally the Corporation of Travel Promotion. tember, October, November, yesterday, Again, we thank you for your consider- signed this bill into law. today, tomorrow, maybe the next day. ation and assistance in bringing the Travel Mrs. DAVIS of California. Mr. Speak- The President of the United States was Promotion Act of 2009 before the House for a er, I yield 1 minute to the gentleman going to come up here and, we under- vote. The Senate Committee on Commerce, from Massachusetts (Mr. DELAHUNT). stand, speak to our colleagues on the Science and Transportation will stand with Mr. DELAHUNT. I thank the gentle- majority side yesterday, then today. you to execute aggressive and exacting over- woman. We understand now it’s going to be to- sight of the implementation and execution of I just want to take the time to con- S. 1023. As always, we look forward to work- morrow. vey my thanks and my gratitude to the The reason I bring this up is that, ing with you on this and other matters be- gentleman from Missouri. This has fore our Committees. when I speak to my folks back home— Sincerely, been an arduous trip on occasion, but I and I was on a tele-town hall meeting JOHN D. ROCKEFELLER IV, can’t imagine this bill coming at a last night and spoke with thousands of Chairman. more propitious time given the news on them—the first thing on their minds AMY KLOBUCHAR, unemployment. are jobs. The first thing on their minds Chairman, Sub- As Mr. BLUNT said and as Ms. CASTOR is the economy. The first thing on committee on Com- said—and let me, too, acknowledge her petitiveness, Innova- their minds is whether or not they can tremendous leadership in terms of en- take care of their families. At this tion and Export Pro- hancing and promoting tourism, not motion. time, at this propitious time, at this just in the State of Florida but in this BYRON DORGAN, time when we have received with a U.S. Senator. country. This bill will provide a stim- thud the report that the unemploy- Mr. DANIEL E. LUNGREN of Cali- ulus to an important segment of our ment rate is 10.2 percent, we have de- fornia. Mr. Speaker, I yield 1 minute to economy that has seen, over the course cided that we must consider a bill with the distinguished gentleman from Mis- of time, a declining market share of very few, if any, amendments allowed, international visitors. souri (Mr. BLUNT). creating a new government takeover of Mr. BLUNT. I thank the gentleman The gentleman from Missouri is cor- health care that’s going to cost tril- for yielding. rect. This, too, is a diplomatic tool as lions of dollars. far as how the United States is per- Mr. Speaker, I rise in support of both Someone on my tele-town hall last ceived by people from abroad and by the Capitol Police Administrative night said, Congressman, can you ex- nations whom we will need in terms of Technical Corrections Act, which is an plain to me why in the bill that you’re securing our objectives in terms of for- important bill which is appropriately going to vote on this week the so- eign policy. championed by Mr. BRADY, by Mr. LUN- called benefits in it are not going to Again, thank you, Mr. BLUNT, and GREN, and by others, and I also hope take place for several years? thank you, Ms. CASTOR. that whatever the rules are today that I had to explain it’s because you they allow us to finally pass the Travel Mr. DANIEL E. LUNGREN of Cali- fornia. I yield myself such time as I want to bring the costs down when you Promotion Act. explain it to the public, so you’re going I, along with Ms. CASTOR, would refer may consume. to start the taxes in year one, but my colleagues to the comments made Mr. Speaker, my friend, the gen- you’re not going to start the benefits on October 7, the colloquies entered tleman from Massachusetts, said that from the program until year four or into on October 7, which was when the this is a propitious time for the Travel five, so at the end of 10 years, the net Travel Promotion Act was last consid- Promotion bill to be considered on the costs will be less than they would be if ered. My good friend Mr. DELAHUNT and floor because of the discouraging news it were fully implemented. I worked on an act highly similar to we received today about unemploy- this in the last Congress. The House ment—10.2 percent. That is the highest Now, maybe I take this a little per- passed it in the last Congress. The unemployment rate experienced in this sonally because part of what they have House has passed it in this Congress. I country in 26 years—10.2 percent. in here is a 2.5 percent tax on medical look forward to the House’s passing it In my home State of California, we instruments, on medical equipment, in- again today. haven’t received the most up-to-date cluding, by the way, new hips. So now, Again, I want to particularly thank figures, but the figures as of last in this country, if you have a new hip, Mr. DELAHUNT for his efforts on this month were 12.2 percent—over 10 per- as I did a year ago, you will be taxed bill. SAM FARR, who is the cochairman, cent for the Nation, over 12 percent for for the privilege of having that oper- along with me, of the Travel and Tour- my State. My district is even higher ation done in the United States, 2.5 ism Caucus, has been a leader in this as than that, I believe. A propitious time percent. I thought we were concerned well. to consider this bill since we have lost, about bringing costs down. For a The SPEAKER pro tempore. The by some estimates, as much as 200,000 wheelchair, you’re going to have an time of the gentleman has expired. jobs in the travel industry. extra tax on that. I don’t understand Mr. DANIEL E. LUNGREN of Cali- But is this a propitious time for us to why we are doing this. Oh, yes. We’re fornia. I yield the gentleman 1 addi- be considering a health care bill which, going to have taxes of huge amounts on tional minute. by objective analysis by a number of business. Small businesses and me- Mr. BLUNT. There are 17 million jobs different observers, will cause us to dium-sized businesses are going to have in the travel and tourism industry, and lose millions of jobs? taxes imposed on them in the hundreds 200,000 of those jobs have been lost this I’ve been home to my district. I real- of millions of dollars. year already. This bill is a step in the ize that, by the Gregorian calendar, we So, as the gentleman from Massachu- right direction of encouraging foreign have 12 months out of the year, but by setts said, this is a propitious moment. travelers to stay longer, as I’m sure I the Pelosian calendar, we only have 11 We are being confronted with the mag- must have said on October 7. They months out of the year because we nitude of the economic downturn that spend more money in their travel than have been told to ignore August—it affects each and every one of our condo domestic travelers. Their trips are, didn’t exist—just as we are to ignore stituents. So what are we giving them on average, longer. Frankly, in vir- those thousands of everyday Americans in return?

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12486 CONGRESSIONAL RECORD — HOUSE November 6, 2009 We have a bill that is going to create lions of jobs in this country, primarily center of this discussion. We saw that 111 new programs, boards, bureauc- in the small business community? It Consumers Union recently endorsed racies, and commissions. I have had defies logic. And while the majority is the health care proposal. People trust town hall after town hall, tele-town allowed to bring up anything on the Consumers Union. When they are going hall after tele-town hall. Not a single floor under the prevailing rule for to purchase something, a major pur- member of my constituency, not a sin- these several days called martial law, chase, they want to look it up in Con- gle, average, everyday American has it doesn’t have to be germane with sumer Reports, and they want to see said, Please create 111 new programs. anything else, you would hope that what they are saying about it. I think Please create 111 new boards, bureauc- there would at least be the concept of it speaks well to what we have brought racies, and commissions. Please put an- consistency if we are truly concerned together here that Consumers Union is other $1 trillion or $2 trillion on our about the unemployed in America; if supportive of our efforts. It is a pro- backs. Please add new taxes. By the we know that 10.2 percent is much pitious time. way, that doesn’t include the $200 bil- more than a number, that it reflects It’s too bad that we weren’t able to lion doc fix that’s going to be put in real live human beings who have lost work together in the way that my col- another bill so that we pretend it is not their jobs. Remember, this doesn’t leagues were able to work on this trade there. count the hundreds of thousands of dis- promotion. But I have to think about A 2.5 percent tax on individuals who couraged workers, those who are so dis- the people in my district who have be- fail to purchase health insurance. A 2.5 couraged by the current economic situ- come bankrupt because of their health percent excise tax on medical devices. ation they are no longer looking for care bills. I have to think about the A 5.4 percent surtax on ‘‘high-income’’ jobs and, therefore, they are not count- people who know that they are just an filers, over 50 percent of which are ed in this number. We know we have illness away from losing their insur- small businesses and which file as indi- lost hundreds of thousands of those ance; that preexisting conditions can viduals. An 8 percent tax on employers people as well. They are people with even be a pregnancy in some cases. who cannot afford to purchase govern- children, people with wives, people That’s wrong. ment-approved health care benefits. with husbands, people with grand- We’re focusing on the American peo- A propitious time, yes. parents and parents, people who have ple, on consumers, on people who would Now, I happen to represent a district bills to pay, these are the people who love to be able to even change a job in which we have 42,000 seniors—people are hurting. And for us to do something that they have been in, that they know over 65—who have made the voluntary in this House which is going to even they can do better, they can innovate, decision to sign up for Medicare Advan- cause them more difficulty is beyond they can change. They can’t do that tage. There are 42,000 seniors in my dis- me. today because they are too afraid of trict alone, and there are millions So I would just ask this: If this is a losing their health insurance. around the country. This bill cuts over propitious time for us to consider a Mr. Speaker, I am pleased that we $150 billion from that program; $150 bil- travel promotion bill because of the are able to address the issues governing lion from that program. When I speak unemployment that’s faced by that the administration of the Capitol Po- to people in my district, they tell me it particular segment of our society, is it lice here today. I am very pleased as a will gut that program. not a propitious time for us to ac- Californian and as a San Diegan that So, as we consider a bill here dealing knowledge that maybe we ought to we are addressing these issues on trade with travel at the propitious time of withdraw, go back to the drawing promotion today. That is very impor- confronting the unemployment rate, board and come up with a bill that tant. It is a propitious time to do that. one has to ask oneself: Why would we deals with the concerns, the legitimate But we also acknowledge that it’s a be forced to vote on a bill that will concerns about the shortcomings of our propitious time for us to work together have an immediate short-term and health care system but that does not at on the issues that the American people long-term impact of killing jobs in this the same time destroy jobs? That may care about. That’s what we are trying country? It does not make sense. be a rhetorical question, but the an- to do. I also wonder whether any bill has swer to that question is very real to I urge an ‘‘aye’’ vote on this legisla- had more uses of the word ‘‘shall’’ than the people back home. tion. the bill we are going to consider this Once again, Mr. Speaker, I want to Mr. WELCH. Mr. Speaker, I want to thank week. By my count, there are 3,425 uses thank my colleagues on the majority Representative DELAHUNT for working dili- of the word ‘‘shall’’ in the bill that we side for having worked so closely with gently to ensure the passage of the Travel are to be presented. Now, for those who us on this bill that’s before us now. Promotion Act of 2009. As the U.S. slips fur- don’t fully appreciate statutory con- I would urge support for this bill. ther behind other countries in attracting inter- struction, the word ‘‘shall’’ means With that, Mr. Speaker, I yield back national visitors, we must take a look at how ‘‘mandate.’’ It means ‘‘you must.’’ the balance of my time. we are promoting and marketing our country, There is no discretion. Mrs. DAVIS of California. My col- and find innovative solutions to strengthen the league from California, I certainly ap- travel industry. I am proud to be a sponsor of b 1130 preciate the work that we have done this legislation in House. Then 3,425 times, this bill, if it be- together on the Administration Com- The Travel Promotion Act addresses some comes law, will command people, in- mittee. He speaks of this propitious of the important strategies that will provide cluding average everyday American time for trade, for travel promotion, greater outreach to international tourists and citizens to do something. They will and what we are trying to speak to find ways to bring them here—to visit, to have no discretion about it. They will here today. spend, and to learn about our country. be required to do that; 3,425 instances I would suggest to him that it’s also In my state of Vermont, our tourism econ- of that. a propitious time, as it was on travel omy is one of the most precious and valuable And so, Mr. Speaker, as we all, I promotion, to work together in a bipar- economic development engines we have. hope, support the bill that is before us tisan fashion and to try to work out From our small bed and breakfast sector, to at this time, providing direction for the details of this kind of legislation our crafts, and our cultural festivals, to being the Capitol Police in a more efficient over a period of time. It’s been that the home of Ben & Jerry’s and some of the operation of their force, and as we have same kind of propitious time that we best skiing in the country—Vermont is a tourist combined it with the travel promotion would have liked to have worked on destination, and this legislation will help it authority, which many people believe health care in that way, to have had grow. will help us deal with the loss of jobs in people come together and really want However, I want to also point out the impor- the travel industry, I still have to ask, to try and solve these issues for the tance of supporting cultural tourism in this Why would we be running pell-mell to- American people. country. This legislation and its implementation wards voting for a bill that will take What we have tried to do is keep the should remember that not all states have a over one-sixth of the economy of the American people in the center of this major theme park or world-class resorts. But United States and, by outside objective discussion, to keep consumer protec- all states have cultural and heritage resources analysis, will result in the loss of mil- tions for the American people in the that are valuable and critical to tourism. I hope

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12487 that when this legislation is implemented, cul- learning and allows teachers to teach more As a former college teacher and a tural tourism will be strengthened through it. effectively; husband to a former second grade I urge my colleagues on both sides of the Whereas school psychologists facilitate teacher, I have seen firsthand that the collaboration that helps parents and edu- educational success of a student is aisle to join me in supporting this important cators identify and reduce risk factors, pro- legislation. mote protective factors, create safe schools, based on many different factors, in- Ms. BERKLEY. Mr. Speaker, I rise today and access community resources; cluding their social and emotional once again in strong support of the Travel Whereas school psychologists are trained health. Many children come to school Promotion Act. In these difficult economic to assess barriers to learning, utilize data- with concerns for themselves, their times, this bill is vital for our Nation’s econ- based decisionmaking, implement research- family, and their loved ones. These stu- omy. driven prevention and intervention strate- dents often face difficult home lives Last year the U.S. lost nearly 200,000 trav- gies, evaluate outcomes, and improve ac- and the challenges they face at home countability; follow them into the classroom, caus- el-related jobs. In my district, we have been hit Whereas State educational agencies and particularly hard, with one of the highest un- other State entitities credential more than ing attention issues, behavior issues, employment rates in the country and a hotel 35,000 school psychologists who practice in poor grades and potentially lower edu- occupancy rate among the lowest we’ve ever schools in the United States as key profes- cational success. seen. sionals that promote the learning and men- In fact, research shows one in five The Travel Promotion Act would help bring tal health of all children; children and adolescents will experi- back those jobs and put Americans back to Whereas the National Association of ence a significant mental health prob- work. Independent economists have said that School Psychologists establishes and main- lem that can interfere with their edu- tains high standards for training, practice, cational achievement during their every dollar spent on this program will bring in and school psychologist credentialing, in col- three dollars in increased revenue—from the laboration with organizations such as the school years. The more than 35,000 psy- added jobs and economic growth that we will American Psychological Association, that chologists in our schools today have see from increased tourism to our country. promote effective and ethical services by one priority—to help students in need. And this can all be accomplished without add- school psychologists to children, families, They are trained to identify and ad- ing to the Nation’s debt. and schools; dress barriers to learning. School psy- Every State in our Nation benefits from tour- Whereas the people of the United States chologists collaborate with teachers, ism—whether you have mountains, beaches, should recognize the vital role school psy- school administrators and families in chologists play in the personal and academic amusement parks, vineyards, ballparks, his- the classroom and even in the home. development of the Nation’s children; and School psychologists also work to ad- toric monuments or casinos, we all benefit Whereas the week beginning on November from this bill. 9, 2009, would be an appropriate week to des- dress potential barriers to learning be- This is a common sense piece of legislation ignate as National School Psychology Week: fore they arise by screening and testing that will help energize our economy at a time Now, therefore, be it for educational and developmental when we need it most. I urge support for the Resolved, That the House of Representa- problems. bill. tives— In addition, school psychologists Mrs. DAVIS of California. I yield (1) supports the designation of National work to ensure students’ safety while School Psychology Week; attending school. They work to prop- back the balance of my time. (2) honors and recognizes the contributions The SPEAKER pro tempore. The of school psychologists to the success of stu- erly assess possible threats from stu- question is on the motion offered by dents in schools across the United States; dents that could do harm to themselves the gentlewoman from California (Mrs. and or others. They also sit on school crisis DAVIS) that the House suspend the (3) encourages the people of the United teams that plan, and if called upon, act rules and agree to the resolution, H. States to observe the week with appropriate in the case of a serious crisis. Res. 896. activities that promote awareness of the School psychologists are an integral The question was taken; and (two- vital role school psychologists play in part of the dedicated team of profes- schools, in the community, and in helping thirds being in the affirmative) the sionals working in our schools every students develop into successful and produc- day to ensure that every student in rules were suspended and the resolu- tive members of society. tion was agreed to. America has an opportunity for aca- The SPEAKER pro tempore. Pursu- demic success and reaching his or her A motion to reconsider was laid on ant to the rule, the gentleman from full potential. I am glad that we are the table. Iowa (Mr. LOEBSACK) and the gentle- recognizing their good work by desig- f woman from Illinois (Mrs. BIGGERT) nating next week as National School NATIONAL SCHOOL PSYCHOLOGY each will control 20 minutes. The Chair recognizes the gentleman Psychology Week. WEEK from Iowa. I reserve the balance of my time. Mrs. BIGGERT. Mr. Speaker, I yield Mr. LOEBSACK. Mr. Speaker, I move GENERAL LEAVE myself such time as I may consume. to suspend the rules and agree to the Mr. LOEBSACK. Mr. Speaker, I ask Mr. Speaker, I rise in support of resolution (H. Res. 700) expressing sup- unanimous consent that all Members House Resolution 700, expressing the port for designation of the week begin- may have 5 legislative days to revise support for the designation of the week ning on November 9, 2009, as National and extend their remarks and to insert beginning November 9, 2009, as Na- School Psychology Week, as amended. extraneous material on H. Res. 700 into tional School Psychology Week. The Clerk read the title of the resolu- the RECORD. tion. The SPEAKER pro tempore. Is there National School Psychology Week The text of the resolution is as fol- objection to the request of the gen- takes place from November 9 to No- lows: tleman from Iowa? vember 13 this year. Recognizing Na- tional School Psychology Week pro- H. RES. 700 There was no objection. Mr. LOEBSACK. Mr. Speaker, I yield motes the importance of providing sup- Whereas all children and youth learn best port for children to help create a when they are healthy, supported, and re- myself as much time as I may con- ceive an education that meets their indi- sume. healthy, safe and positive learning en- vidual needs; I am honored to speak in support of vironment. Whereas schools can more effectively en- House Resolution 700, which I intro- The theme of this year’s National sure that all students are ready and able to duced with my colleague, Representa- School Psychology week is ‘‘See the learn if they work to meet the needs of each tive EHLERS, to designate the week of possibilities in you. We do!’’ This student; November 9, 2009, as National School theme focuses on highlighting the posi- Whereas sound psychological principles are Psychology Week. I want to thank Mr. tive work school psychologists do to critical to proper instruction and learning, EHLERS in particular for his work on promote the endless possibilities for social and emotional development, preven- academic and personal success in the tion and early intervention in a culturally this resolution and his dedication to diverse student population; the mental health needs of students in lives of the students they serve. School Whereas school psychologists are specially America. Mr. EHLERS has been a leader psychologists assist the students they trained to deliver mental health services and on these issues, and it is always a serve by helping to remove academic academic support that lowers barriers to pleasure to work with him. and personal barriers to learning and

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12488 CONGRESSIONAL RECORD — HOUSE November 6, 2009 by assisting school administrators and tleman from Texas (Mr. MCCAUL) each need much love and support in the teachers in improving the learning en- will control 20 minutes. coming days; and we, as Americans, vironment. The Chair recognizes the gentleman will be there with them and for them in By recognizing National School Psy- from Missouri. their time of need. chology Week we show our support for GENERAL LEAVE Mr. Speaker, there is an ongoing in- the work school psychologists do to Mr. SKELTON. Mr. Speaker, I ask vestigation into this incident, and it is help create a healthy, safe and positive unanimous consent that all Members not appropriate for us to speculate on learning environment and to address have 5 legislative days within which to the motivations and why this occur- barriers that prevent learning. revise and extend their remarks on this rence happened. The investigation I applaud the gentleman from Iowa resolution. should be allowed to be completed (Mr. LOEBSACK) for authoring and The SPEAKER pro tempore. Is there without intervention as quickly as pos- bringing this resolution to the floor. I objection to the request of the gen- sible so it can bring closure to those also commend the gentleman from tleman from Missouri? who were tragically impacted by this Michigan (Mr. EHLERS) for cospon- There was no objection. event. soring the bill. I am honored to support Mr. SKELTON. Mr. Speaker, I yield My thoughts and my prayers go out this resolution and ask my colleagues myself such time as I may consume. to those who have lost a loved one and to join me in voting ‘‘yes.’’ Less than 24 hours ago our Nation to those who have been wounded, but I I yield back the balance of my time. was shocked to learn that a shooting also want to reach out to all of our Mr. LOEBSACK. Mr. Speaker, I again had taken place at Fort Hood, Texas, military families who are stationed want to thank Mr. EHLERS for his work one of the largest military bases in our around the world, who each under- on this resolution and Mrs. BIGGERT as country. Over the course of these ini- standably are touched by the heart- well for her comments. I thank all the tial news reports, we were saddened to breaking events of yesterday at Fort cosponsors for their support and work. learn that at least 13 soldiers were Hood. I again urge my colleagues to vote in killed or have died and more than 30 Mr. Speaker, I am extremely sad- favor of this resolution designating the were wounded, including the alleged as- dened by this occurrence. All of us in week of November 9, 2009, as National sailant and the officer who was instru- this body are extremely saddened by School Psychology Week. mental in bringing an end to the shoot- this occurrence. I yield back the balance of my time. ing. I reserve the balance of my time. The SPEAKER pro tempore. The b 1145 Mr. MCCAUL. Mr. Speaker, I yield question is on the motion offered by What was shocking to most Ameri- such time as he may consume to the the gentleman from Iowa (Mr. gentleman from South Carolina (Mr. LOEBSACK) that the House suspend the cans is that a fellow member is alleged to have carried out this vicious attack WILSON). rules and agree to the resolution, H. Mr. WILSON of South Carolina. Mr. Res. 700, as amended. on his comrades in arms. Yesterday, as these soldiers were in the midst of pre- Speaker, I rise in support of House Res- The question was taken. olution 895. I appreciate the leadership The SPEAKER pro tempore. In the paring for combat overseas, a fellow soldier opened fire on these of Congressman MIKE MCCAUL of Texas, opinion of the Chair, two-thirds being a proven friend of military families. in the affirmative, the ayes have it. unsuspecting patriots and those civilians and soldiers who were supporting Yesterday marked a dark and painful Mr. LOEBSACK. Mr. Speaker, I ob- chapter in the history of Fort Hood, ject to the vote on the ground that a them. While many of those who were there Texas. The Nation’s largest military quorum is not present and make the installation was devastated when the point of order that a quorum is not were spared from the flying bullets, a number of these courageous soldiers soldiers and civilians of the United present. States Army were heinously attacked The SPEAKER pro tempore. Pursu- and civilians were wounded, and they will face months, perhaps even years, by the least likely of assailants, a mur- ant to clause 8 of rule XX and the derer who benefited from the American Chair’s prior announcement, further recovering from their wounds. The heartache for these individuals and dream of unlimited opportunity, at- proceedings on this motion will be tending medical school at military ex- postponed. their families will be compounded by the fact that they will face these chal- pense, and a person given trust as a The point of no quorum is considered high rank in our military. He cowardly withdrawn. lenges knowing they were injured in the line of duty by an individual from then committed treason. f within their own ranks. In the fol- In the aftermath, we have learned HONORING VICTIMS OF FORT lowing days and months to come, these that 13 of our bravest and finest Ameri- HOOD ATTACK individuals and their families will need cans were killed and several dozen both emotional and physical more were wounded. This senseless act Mr. SKELTON. Mr. Speaker, I move of horror betrays our respect and dig- to suspend the rules and agree to the sustainment and encouragement. It is our responsibility to ensure that they nity for human life. Our deepest resolution (H. Res. 895) honoring the thoughts and prayers are with each of lives of the brave soldiers and civilians and their families have the resources they need to make a full and complete the families affected by this great trag- of the United States Army who died or edy. were wounded in the tragic attack of recovery. My constituents are shocked and sad- November 5, 2009 at Fort Hood, Texas. Our prayers are with those who have dened. In discussing today this tragedy The Clerk read the title of the resolu- lost a loved one in this senseless kill- with Carl Gooding of WDOG radio of tion. ing. These military families are al- Allendale, South Carolina, I know The text of the resolution is as fol- ready stressed with the thought of firsthand the Lowcountry of South lows: their family member deploying to Af- ghanistan or Iraq for a year, of the Carolina is praying for the Fort Hood H. RES. 895 holidays and special moments that families. Resolved, That the House of Representa- they would not share because of this Amidst this tragedy, there are re- tives honors the lives of the brave soldiers deployment. And now their world has ports that many soldiers in the imme- and civilians of the United States Army who died or were wounded in the tragic attack of been turned upside down. Those last diate vicinity of the attack provided November 5, 2009, at Fort Hood, Texas. The days prior to deployment when many heroic aid to their fellow soldiers who American people share the pain and grief of families often make special plans to had been wounded, several of them al- this tragic loss. Our thoughts and prayers spend those few precious moments to- ready wounded themselves. These self- will continue to be with the families of those gether have been taken away. less acts undoubtedly saved the lives of who were so unfortunately taken from them. This morning, they will awaken to several and mitigated what was al- The SPEAKER pro tempore. Pursu- the realization that time will not bring ready a terrible tragedy. Many have ant to the rule, the gentleman from their family member home to their come forward to donate much-needed Missouri (Mr. SKELTON) and the gen- welcoming arms. These families will blood and offer themselves to help at

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12489 this needed time. This bravery and de- do more to understand those stresses Yet, as my friend Mr. WILSON has termination is a testimony to our serv- and support the servicemembers and pointed out, the people at the base, ci- icemen and -women, the new greatest their families for the sacrifices they vilians and military, came to the res- generation, and stands in bold opposi- make on a daily basis. cue to help others, even though it en- tion to the horror of yesterday’s I join my colleagues in offering my dangered their own lives. And, today, events. sincere condolences to our brave sol- this morning, not far from Fort Hood, Military installations are the last diers and their families at Fort Hood, Texas, in Temple, Texas, at Scott and place our servicemen and -women especially those who paid the ultimate White, many of those 30 are still there, should fear for their safety. Over the sacrifice. receiving treatment because of their last few years, we have made great ef- Mr. MCCAUL. Mr. Speaker, I yield injuries; and the whole community and fort to ensure the security of our mili- such time as he may consume to the the whole Nation needs to understand tary personnel, but still there is work gentleman from Texas (Mr. POE). the importance of taking care of the to be done. Mr. POE of Texas. I thank the gen- survivors and the families who have I know of the great efforts our mili- tleman for yielding time. lost those loved ones. tary police and protective services who Fort Hood, Texas, has a long, long We owe a great deal to our military. are making a difference at bases I rep- history. It is right in the center of the Next week is Veterans Day, where we resent, Fort Jackson in Columbia, Par- State of Texas, and many of us from celebrate the end of the great World ris Island Marine Base, the Marine the State of Texas have connections War I and honor the veterans that have Corps Air Station in Beaufort, and the with that institution. served since that time. While we cele- Beaufort Naval Hospital. It is named after a Confederate gen- brate our veterans and honor them Today, as Fort Hood observes a day eral, John Bell Hood, who was in next week, we should continue to of mourning, we also offer our prayers charge of the 4th Texas during the War honor those who continue to serve and to all those touched by this tragedy, Between the States. After the war was are in the military today, including including our soldiers, civilians, mili- over with, it became a military instal- those who have given their lives and tary families, and the Central Texas lation for the United States Army, the those that have been injured because community. biggest Army installation in the world. by some act of criminal activity As the son of a World War II Army Those from every State, every terri- against them. veteran, as a 31-year Army Reserve and tory, from all over the U.S., come and So our hearts, our prayers, and our National Guard veteran myself, as the serve at Fort Hood, Texas; and it has thoughts are for them, those brave few, father of four sons serving today in the been that way for a great number of those noble few, that rare breed, that American military, with a nephew years. unique breed, the American breed, who My father, who served in the great serving in Baghdad, I know military volunteer to represent the United World War II when he was an 18-year- members support each other as family. States wherever they are assigned, old did basic training in Texas and America’s extended military family somewhere in the world. came back home in 1945, was sent to across the world deeply cares for our And that’s just the way it is. fellow family members at Fort Hood. I Fort Hood, Texas, to be re-equipped for Mr. EDWARDS of Texas. Mr. Speak- urge my colleagues to support H. Res. the invasion of Japan. That, fortu- er, I yield 2 minutes to my friend and 895. nately, never took place. But he met colleague from Texas (Mr. REYES), a Mr. SKELTON. Mr. Speaker, I ask my mom there in Temple, Texas. They senior member of the Armed Services unanimous consent that the gentleman got married, and that is why I was born Committee and the chairman of the from Texas (Mr. EDWARDS) be per- in Temple, Texas, and have a great af- House Intelligence Committee. mitted to control the remainder of my fection for that institution and all time. those that have served with the United Mr. REYES. Mr. Speaker, I thank the The SPEAKER pro tempore. Is there States Army at that location. gentleman for yielding. objection to the request of the gen- It is now the deployment post for in- Mr. Speaker, I rise today to join with tleman from Missouri? dividuals who go overseas to represent my colleagues in expressing our deep- There was no objection. the rest of us. They go to Iraq. They go est condolences to the families, friends, Mr. EDWARDS of Texas. Mr. Speak- to Afghanistan. They go to Kosovo. and colleagues of those killed and er, I yield 1 minute to my friend and They go all over the world. They are wounded in yesterday’s tragic shooting colleague, the chairman of the Sub- being deployed at this time to rep- at Fort Hood. While there are no words committee on Readiness of the House resent our country and the values that that perhaps we can say here today on Armed Services Committee, the gen- we have. Many of them have served the floor of the House that will lessen tleman from Texas (Mr. ORTIZ). multiple tours of duty, some of them the grief of the entire Army family, we Mr. ORTIZ. Mr. Speaker, today, I rise up to four tours of duty in Iraq. But do want them to know that our Nation in honor of those servicemembers who yet they are all volunteers, they con- mourns with them. gave the ultimate sacrifice in support tinue to serve, and they continue As a Congress, we must work to unof our Nation. My thoughts and prayers proudly to wear the United States uni- derstand why this attack occurred; and are with the families of the 12 soldiers form. we must pledge to do everything within and one civilian who were killed yes- Approximately 40,000 people are asso- our power to prevent any future trage- terday at Fort Hood and with the 30 ciated with the base at Fort Hood, dies from happening so other families who were wounded. I am very familiar Texas. And not only the soldiers, but do not know and have to share the pain with Fort Hood. Not only is it in Texas, their families are there. We must re- and suffering that is going on today at but this is where I went through my member as Americans, when troops go Fort Hood. But, for now, I want them basic training many years ago. to war, their families go to war, too; to know that they are in our thoughts At this time, we must not judge. In- only they stay home. Those Blue Star and in our prayers. The days and stead, it is imperative that we under- Moms and those Gold Star Moms, they months ahead will be difficult, but we stand. We must understand what stay here and they support our troops. will persevere together. prompted a psychiatrist who has This event that occurred yesterday To the families of those who per- helped so many of his fellow soldiers in at Fort Hood, is an attack that was ished, please accept our deepest appre- the past to take their lives yesterday. done by one of their own, someone who ciation on behalf of all Americans for We must realize that no one is above had been apparently radicalized, who their willingness to volunteer for serv- the need for mental health counseling, was opposed to the war. He will be held ice to our Nation. You have stepped and we must help to ensure that this is accountable to the law for his actions. forward to answer the call of our coun- readily available to all. Hopefully, he will be tried by the State try, to put yourselves in harm’s way to The Army as a whole is under signifi- of Texas for his actions. But what defend us, and we owe all of you a tre- cant stress in support of the Nation’s makes this a tragedy, are the 13 that mendous debt of gratitude. operations overseas. This stress mani- were killed, and the 30 that were To our men and women at Fort Hood, fests itself in many ways, and we must wounded. military and civilian alike, you are not

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Mr. Speaker, yesterday er, like my colleagues, I rise to express loved ones, but I hope they will forever marked a dark and painful chapter in my deepest sympathies for the families feel the collective love, gratitude, and American history and for the State of and loved ones of all affected in the prayers of millions of their fellow Texas. People all across this Nation tragedy that occurred at Fort Hood. Americans. were devastated when they heard the They are certainly in our thoughts and To the wounded and their loved ones, news that soldiers and civilians of the in our hearts. As someone whose com- our Nation’s fervent hopes and prayers United States Army at Fort Hood, mittee works hard to look out for and are with you in these difficult mo- Texas, were attacked by the least like- care for our servicemembers who dedi- ments. Please know that you are not ly of assailants. It wasn’t short an act cate themselves to our country, news alone. Mr. Speaker, in the days ahead, of treason. like this, of course, is devastating. Fort Hood will become known to the I want to first thank my colleague As the stories unfolded yesterday, I world as a place of unspeakable trag- and good friend, JOHN CARTER of Texas, could only think of the fact that we edy, but I know it is a place of great who represents Fort Hood in his dis- had sent so many of our men and triumph, a place where service to coun- trict, for introducing this legislation to women to the most dangerous places in try isn’t an ideal. It is a way of life, a give all Members of Congress the op- the world; and here they were, prob- place where the American spirit is portunity to stand here today in sup- ably in what they might have thought alive and well, even amidst this trag- port of the brave men and women at was the safest place in the world. edy. Fort Hood and their families in such a We also have to think about our men- I hope the world will see the Fort time of trial. Fort Hood lies just north tal health providers today as well be- Hood I saw as its Representative. When of my district, just north of Austin. It’s cause we know that we have mental I think of Fort Hood, I think of the 29- in central Texas. Many of us all across health care professionals who are very year-old Army widow who asked me this Nation have constituents who professional, providing the most highly not long after her husband’s death in have gone through Fort Hood to train demanding, specialized, emotional and Iraq, not how I could help her but, for the wars in Iraq and Afghanistan. I invaluable care to our servicemembers; rather, how she could help others who have had many of my constituents and it’s important to emphasize at had lost their loved ones in combat. trained at Fort Hood. these rare times that the actions of one When I think of Fort Hood, I think of But yesterday was a dark chapter; individual certainly don’t reflect on all the young soldier I met at a welcome and in the aftermath, we learned that those serving in the profession. It home ceremony. It was just 3 days be- 13 of our finest Americans were killed, would only add to the tragedy if we let fore my wife gave birth to our first and several dozen more were wounded. this tarnish those working in the very child. And when I saw him with his This senseless act of horror betrays our profession that provide so much help to wife and his newborn baby, I told him respect and deepest dignity for life. Our our troops and their families. how excited I was, the thought of be- deepest thoughts and prayers are with Mr. Speaker, I would like to say, hav- coming a father and being there when each of the families affected by this ing spoken to so many families, that a our son came into the world. Without great tragedy. During this tragedy, tiny percentage serve, and often fami- complaining, he looked at me and said, there were reports that many soldiers lies don’t believe that the American Sir, I missed the birth of my first child provided heroic aid to their fellow sol- people really understand what they go because I was in Iraq, and I missed the diers who had been wounded, several of through. Today in a tragedy like this, birth of my second child while I was de- them already wounded themselves. we must do our best. We must make ployed to Bosnia. When I think of Fort These selfless acts saved the lives of certain this does not happen again and Hood, I think of the parents I met many, and so many in central Texas that we reach out to the families and there this summer who lost their two have come forward to donate much- let them know we are listening. We sons in combat in Iraq just 9 days needed blood and offer themselves to will try harder. apart. help in this time of need. Mr. MCCAUL. Mr. Speaker, I reserve How can the Nation measure the This selfless service and determina- the balance of my time. depth of that kind of sacrifice? When I tion is a testament to our servicemen Mr. EDWARDS of Texas. Mr. Speak- think of Fort Hood, I think of soldiers, and -women and stands in bold opposi- er, I would like to yield myself such families and their neighbors in nearby tion to the horror of yesterday’s time as I may consume. communities who care for each other events. And today as Fort Hood ob- One of the greatest privileges of my and are proud to serve and, yes, even serves a day of mourning, we offer our lifetime was to represent the soldiers sacrifice for our Nation’s freedom. Fort prayers and support in this hallowed and families of Fort Hood for 14 years Hood is known as ‘‘the great place.’’ Chamber in the Congress to all those in the U.S. Congress. On behalf of all That’s what they call it. That’s what it touched by this tragedy, including our Americans, we rise today to express is—past, present and future—and the soldiers, civilians, military families our deepest respect and heartfelt sor- actions of one deranged person should and the central Texas community. row to the soldiers and families of Fort not and will not change that fact. Mr. Hasan, the suspect responsible Hood. These great Americans who have But with the support and prayers of for these acts of violence, these sense- sacrificed so much in service to coun- the American family, Fort Hood will less acts of violence, was reported to try now face a tragedy that one day recover from this terrible tragedy. The have yelled out, ‘‘Allahu Akbar,’’ as he ago would have seemed unimaginable. servicemen and -women at Fort Hood, murdered innocents, as he wounded in- In the hours, days and months ahead, I their families and the neighboring nocents. Translated that means God is hope the Fort Hood family knows that communities are a very special and great. To me, that’s very disturbing. the thoughts and prayers of the Amer- unique family. They make Fort Hood That is not my God. That is not our ican people are with them. what it is, a shining star in our Na- God. That is not the God of our fathers It is a tragedy beyond words that tion’s defense, a star that will burn and Founding Fathers who have served young Americans who are willing to brightly for many years to come. From in the military. May our God reach out risk their lives for our country in com- this tragedy, just days before Veterans to the families and the victims. May bat abroad ended up losing their lives Day, I pray that Americans will be re- our God provide comfort in this great here at home. While these soldiers did minded how blessed we are to live in a time of need. May our God hold them not die in combat, they surely gave land where a special few, our service- in the palm of his hand. their lives in service to country. And men and -women and their families, are I reserve the balance of my time. for that, we will always consider them willing to give up so much for country. Mr. EDWARDS of Texas. Mr. Speak- as heroes. The spouses, children, and Let us all rededicate ourselves to er, I now yield 2 minutes to my friend families of the fallen may not have honoring our troops, our veterans, and

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These larly want to salute Chairman ED- tion, let us remember that we are the also highlight the need for our family WARDS’ outstanding leadership in that land of the free because we are still the and friends and peers to stand up to get regard in his position as Chair of the home of the brave. their friends help when they need it. Military Construction, Veterans Af- I reserve the balance of my time. The signs of suicide, homicide and ex- fairs Subcommittee of Appropriations. Mr. MCCAUL. Mr. Speaker, I reserve treme behavior are almost always Mr. Speaker, words fail when a trag- the balance of my time. there. edy of this magnitude comes in such an Mr. EDWARDS of Texas. Mr. Speak- The SPEAKER pro tempore. The unexpected way, that someone who had er, I now yield 2 minutes to my friend time of the gentleman has expired. the confidence of the military, within and colleague, the gentleman from Ala- Mr. EDWARDS of Texas. I yield 1 ad- its own walls, would perpetrate such a bama (Mr. BRIGHT), a valued member of ditional minute to the gentleman from tragedy on people whose lives are dedi- the Committee on Armed Services here Texas, Mr. Speaker. cated to protecting the American peo- in the House. Mr. RODRIGUEZ. In the military, of ple. It was an unspeakable tragedy, of Mr. BRIGHT. I would like to thank all places, each individual must be course, for the families, soldiers, civil- my colleague. Mr. Speaker, I rise today aware of what is being said or done by ians, and support staff on the base at in support of the resolution, honoring their peers and friends and recognize Fort Hood. But it was also a wound to the soldiers who lost their lives at Fort when those behaviors or statements our country. Hood. As someone who represents two may not be consistent with a healthy Our brave men and women in uniform military bases, I can only imagine the mindset. In the military, these behav- train day in and day out to preserve profound sense of loss the great Fort iors absolutely must be identified to our security. They should never have Hood community must feel today. This the unit commander so he can review to face or fear the forces of violence is not just a loss for central Texas. the servicemember and get the member here at home. This is a loss for our entire country. appropriate help. I believe that we can At Fort Hood yesterday, ordinary Military bases are not walled off from all learn from this tragic incident to citizens performed extraordinary acts their surroundings. They are vital not take things too lightly and for when they were called upon. They were parts of our communities. When I leaders to be proactive in their efforts heroes. In the face of great cowardice served as mayor of Montgomery, Ala- to ensure the mental health of the on behalf of the perpetrator, Americans bama, the airmen at Maxwell-Gunter troops. Hopefully, we can reach out to demonstrated great bravery from stop- Air Force Base were upstanding citi- help as many as we can. ping the gunman from causing more zens who went above and beyond to im- I will close by expressing my condo- loss of life to coming to the aid of prove and advance our city. As a Con- lences, once again, to the family and those who were wounded and pro- gressman from southeast Alabama, I friends of those who have been wound- tecting the lives of others. have seen the brave soldiers at Fort ed and those who have lost their lives. The entire Nation and this Congress Rucker rush to the aid of nearby towns Mr. MCCAUL. Mr. Speaker, I yield as stands with the members of the mili- in the wake of tragedy and crisis. Now much time as she may consume to the tary every day. I hope it is a comfort it’s time for us to show our apprecia- gentlelady from Illinois (Mrs. to the families affected by this, and ev- tion to these bases and their families BIGGERT). eryone in America has been affected by and stand with them as we mourn the Mrs. BIGGERT. I thank the gen- this, but those who have lost their tragic and senseless loss at Fort Hood. tleman for yielding. Mr. Speaker, my loved ones and the families of those Our thoughts and prayers are with the heart goes out to all of the families and who are seriously wounded and those families of those who died and also friends, to all of those who lost loved who have been shaken at Fort Hood, with the ones who are wounded. ones during the senseless shooting that that our entire country mourns the Mr. MCCAUL. Mr. Speaker, I con- occurred yesterday at Fort Hood. Noth- losses of those who were killed and are tinue to reserve the balance of my ing can really prepare you for a trag- praying for them at this very, very sad time. edy like this, especially when the lives time. Mr. EDWARDS of Texas. Mr. Speak- of such dedicated young men and I said to Mr. CARTER, Congressman er, I now yield 1 minute to my friend women are cut short by unthinkable CARTER, who represents Fort Hood, and and colleague, the gentleman from violence right here on American soil. Mr. EDWARDS, who had represented Texas (Mr. RODRIGUEZ), who served on And one of those young men, Private Fort Hood and many of his constitu- the House Armed Services Committee First Class Michael Pearson, was from ents worked at Fort Hood, that what- for 8 years. a family that lives in my district, ever this Congress can do to ease the Mr. RODRIGUEZ. Mr. Speaker, I Bolingbrook. He served his country pain, to help the recovery, we stand want to thank Congressman CHET ED- with distinction and honor, and his life ready to do. And we do that on both WARDS for allowing me this oppor- and sacrifice will be remembered al- sides of the aisle. tunity to speak this morning on this ways here in Bolingbrook and across I thank you, Mr. EDWARDS, for the tragic shooting that occurred at Fort the Nation. opportunity to extend my condolences Hood, Texas, yesterday. The most im- and that of the Congress to the fami- b 1215 portant thing that we can do right now lies affected. is to make ourselves available to the And to his parents and family I offer Mr. MCCAUL. Mr. Speaker, I yield to families and friends of those who were my deepest thoughts and prayers at the gentleman from California (Mr. killed and wounded. I wish to express this difficult time. MCKEON) such time as he may con- my condolences to the families at Fort Mr. EDWARDS of Texas. Mr. Speak- sume. Hood who lost their loved ones. Our er, I yield 1 minute to my friend and Mr. MCKEON. Mr. Speaker, today I prayers are with you all as you try to colleague, the distinguished Speaker of rise to join my colleagues in honoring make sense of it all. the House of Representatives, the gen- the lives of the brave soldiers and civil- This tragedy, once again, raises the tlewoman from California (Ms. PELOSI), ians who were killed or wounded in the extreme importance of providing true who has been a champion as a Speaker tragic attack at Fort Hood yesterday. quality in our mental health care serv- of this House on behalf of a better qual- I know the country was riveted by ices and the need for thorough mental ity of life, educational benefits, and the news, watching their TVs yester- health assessments not only for our health care for America’s veterans, our day, trying to understand, trying to veterans but also for those that are in service men and women, and their fam- comprehend the tragedy that we saw. the service at the present time, for ilies. We expect much of the men and those members notified of deployment Ms. PELOSI. I thank the gentleman women in our military and their fami- as well as those returning from deploy- for his kind remarks, and I accept lies. We never expect to have violence

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12492 CONGRESSIONAL RECORD — HOUSE November 6, 2009 appear on their front steps. I was lis- Mr. MCCAUL. Mr. Speaker, I reserve a senseless act of violence that killed tening to General Cone yesterday as he the balance of my time. 13 people and wounded 30? Why did was trying to brief the Nation on the Mr. EDWARDS of Texas. Mr. Speak- they have to die, our men and women tragedy. One of the questions was, er, I yield 1 minute to my friend and serving in uniform? And there will be Well, aren’t the military armed? colleague, the gentleman from Georgia an investigation into why, what was And he said, This is our home. We do (Mr. BISHOP). the motivation of Mr. Hasan, but that’s not carry weapons in our home. Mr. BISHOP of Georgia. I thank the for a later day. So they were unprepared to defend gentleman for yielding. Today we honor these fallen heroes. themselves against a dastardly attack Mr. Speaker, I am stunned and sad- And when I think about them, I think from the inside from someone that dened by the tragic events that oc- about the mothers and fathers and they never would have thought would curred yesterday at Fort Hood, and I brothers and sisters who have lost attack them, would come at them want to express my deepest sympathies their loved ones both in Iraq and Af- when they were least prepared. to the families and the friends of those ghanistan. I think the hardest thing we Mr. Speaker, I join with my col- who were harmed in this horrific and have to do as Members of Congress is leagues to express my deepest condo- senseless act that defies explanation. to comfort these families who have lost lences to the families who lost loved I have the privilege of representing their loved ones and try to make some ones, to the survivors, the Fort Hood Fort Benning in Columbus, Georgia, sense out of it. They know that they family, and the entire United States and the Marine Corps Logistics Base in have died for a just and noble cause. Army. Also, I would like to thank Albany, Georgia, and I know that the And, as Mr. EDWARDS knows, my good those first responders, all those in the many servicemen and -women there are friend and colleague from Texas who cities surrounding Fort Hood, the civil- mourning the loss of their friends and knows so many people from the State ians that came to their aid and, as colleagues in Texas. of Texas that have gone through this General Cone said, have offered so The units and the families at Fort training facility, one of the greatest in much to be of assistance. I think there Hood, home of the 1st Cavalry Division, the world, the largest military instal- are many that we need to remember in 4th Infantry Division, 3rd Corps Head- lation in the United States, they are our prayers this day, and I thank all quarters, have long served as models of brave. those for all that they have given. honor and selfless service to our coun- I know there are many families at Mr. EDWARDS of Texas. Mr. Speak- try. We thank them today for their home today, many families watching er, I now yield 2 minutes to my friend noble service and we grieve with them the television, some maybe watching and colleague, the gentleman from over their tremendous loss. this on C–SPAN who are in tears, Washington (Mr. MCDERMOTT). As the Fort Hood community strug- whose hearts are broken, who know Mr. MCDERMOTT. Mr. Speaker, one gles to find answers in the wake of this that they can’t get back what they can’t help but feel grief and anger and tragedy, I pledge the continued prayers lost. But to those families, know that desperation in all of what went on at and support of all the people in Geor- we in the Congress hear their tears. We Fort Hood. gia’s 2nd District and, indeed, all of our hear their cries. This resolution stands But the larger issue here, and I think servicemen and -women and military in strong support of them. We emotion- the one we must not lose sight of, is families who are stationed in bases ally stand behind them, that we have what Dr. Hasan was dealing with was throughout Georgia. passed legislation for both the veterans posttraumatic stress disorder. I sat for Mr. MCCAUL. Mr. Speaker, I reserve and active-duty servicemen, in addi- 2 years at the Long Beach Naval Sta- the balance of my time tion to posttraumatic disorder. tion and listened to these stories from Mr. EDWARDS of Texas. Mr. Speak- There are many issues regarding our young men and women coming back er, I yield the balance of my time to veterans and our active-duty men and from Vietnam day after day after day, the gentleman from California (Mr. women. We are addressing those in this and I can tell you the impact is huge. FARR), who is the vice chairman of the Congress. We are taking care of them. The biggest loss from this event will Appropriations Subcommittee on Mili- In my view, our most solemn obliga- be if we do not deal with the fact that tary Construction and Veterans Affairs tion under the Constitution is for the stigma about going to see mental in the House. Congress to not only take care of our health professionals prevents many of Mr. FARR. I thank my Chair, CHET veterans returning home but to fully our people from getting the help they EDWARDS, for yielding. support our active men and women need. I rise today on the eve of Veterans serving both in the United States and I had dinner the other night with the Day recess in support of the condolence abroad. Vice Chief of Staff of the United States resolution. I fought all of my political With that, let me end by saying God Army, General Chiarelli, who has made career trying to get State, local, and bless them and God bless the United it his goal to deal with posttraumatic Federal governments, including the De- States of America. stress disorder for the people of Iraq partment of Defense, to seriously take Mr. AL GREEN of Texas. Mr. Speaker, I am and Afghanistan wars. the invisible wounds of war into con- deeply saddened about the tragic incident that This issue, because we sort of say, sideration. This tragic loss of innocent occurred yesterday at the Army base in Fort well, you’re supposed to be tough and lives to mental breakdowns is not new, Hood, Texas, that has taken the lives of 12 pull yourself together and never admit so why should it be so hard to treat brave American soldiers, 1 civilian, and you’ve got a problem, is with all kinds this illness? wounded 30 more. of people in the military. A military As we have to pay condolences in this My condolences and support go to the fami- psychiatrist is as vulnerable to it as is resolution, let’s not forget that the lies of the fallen and the wounded. Our service a grunt out on the field dealing with other House has on hold S. 1963, the members and their families make enormous war at every corner. And as we talk Caregivers and Veterans Omnibus sacrifices for the sake of freedom in this coun- about this today, I don’t want people to Health Care Services Act of 2009. Until try and we owe them a special debt of grati- draw conclusions and make decisions Congress is willing to support the fund- tude. During this difficult time my thoughts and about why this happened and all the ing of mental health, we will not be prayers go out to each of them. rest. It’s human breakdown. It happens able to fully assure safety for all in all Fort Hood represents a crucial post for the to people all the time in the military. our communities, be they civilian or U.S. Military and the fact that this tragedy has When you put people in the kind of military. taken place in my home state of Texas just stress that we put those people in and I urge we support one with our hearts makes my lament even stronger. send them back again and again and and the other with our minds in our I am hopeful the thorough investigation of again, leave their families, see the vote. the incident that the federal government has awful things of it, you cannot expect Mr. MCCAUL. Mr. Speaker, in clos- already announced will clarify what has hap- everybody to be able to keep it to- ing, I’d just like to say, when things pened and will bring justice. gether. We need to be sympathetic and like this happen, you have to ask the Mr. RODRIGUEZ. Mr. Speaker, I rise today put the money up for the help that question, many ask the question, why? to honor the Fort Sam Houston Memorial these people need. Why did this have to happen? Why such Services Detachment.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12493 The Fort Sam Houston Memorial Services The most appropriate course for us, how- Mr. SESSIONS. Mr. Speaker, I rise today in Detachment was formed in 1990 to fill the void ever, is to continue to provide the most effec- memory of the armed service members whose left when the Department of Defense deter- tive force protection possible for our military lives were taken from us yesterday at Fort mined that it was no longer able to perform full personnel—the proper vehicles, the best Hood. military burial honors for veterans of the counter-improvised explosive device capability, I am deeply saddened over the unspeakable Armed Forces. The Memorial Services De- the proper body armor and helmets, and best violence that has shattered the lives of brave tachment is comprised of about 80 veterans, weapons. and honorable soldiers at Fort Hood. This with and average age of 75, from World War And of course, we will continue to work with senseless shooting will no doubt be met with II, Korea, Vietnam, and the gulf war. These Chairwoman DAVIS and Ranking Member WIL- the justice and goodness of America, and I selfless veterans volunteer their time, on rotat- SON to support their activities of the Military stand ready to support the Fort Hood family in ing shifts throughout the week, to ensure the Personnel Subcommittee to ensure that oar any way possible. traditional military honors of the 3-volley-salute men and women in uniform are provided the The fallen and wounded soldiers represent and the playing of ‘‘Taps’’ are provided to proper health care and are fully prepared for the best of America. In the coming days and every veteran buried at the Fort Sam Houston their overseas assignments. weeks, we will learn about their dreams, love National Cemetery. Since 1990 the Memorial Ms. JACKSON-LEE of Texas. Mr. Speaker, of country, and acts of bravery that will en- Services Detachment has performed services Fort Hood is the largest active duty armored grave their honorable legacy in service of our for over 25,000 deceased veterans. post in the United States, and is the only post country. They will be greatly missed. May the The veterans of the Memorial Services De- in the United States that is capable of sup- peace of God be with the victims and their tachment have touched the lives of countless porting two full armored divisions and covers loved ones. My thoughts and prayers remain family and friends by their dedicated service 339 square miles. Home to about 52,000 with them. under the simple motto of ‘‘Veterans Serving troops as of earlier this year, the sprawling Mr. HINOJOSA. Mr. Speaker I rise today to Veterans.’’ They are a lasting reminder of base is located halfway between Austin and express my deepest condolences to the fami- what is best about our country and about Waco, Texas. lies and friends of the soldiers and civilians those that have served our Nation in its de- I am deeply saddened by the tragic shooting who were killed in yesterday’s attack on our Army military base in Fort Hood, Texas. fense. that took the lives of 13 soldiers and wounded The senseless and cowardly act by one has Mr. LANGEVIN. Mr. Speaker, I rise today to 31 others. This is one of the worst soldier-on- inflicted a terrible wound in our military family. express my shock and sadness in the wake of soldier violence in U.S. history. It is a great But I want the Ft. Hood family to know that we yesterday’s tragedy at Fort Hood. misfortune that our nation has lost 13 brave stand with them today and offer them all of This type of senseless violence is tragic in soldiers who have dedicated their lives to serving our country. our love and support. any circumstance, but it is especially painful to We in Texas, in the Nation and around the The gunfire broke out around 1:30 p.m. at have it strike at our men and women serving world grieve and pray for the families of the 13 the Soldier Readiness Center, where soldiers in uniform, who sacrifice so much for their lives who were taken so violently. We pray for who are about to be deployed or who are re- country. the swift and full recovery of the more than 30 It is crucial that we work to protect not only turning undergo medical screening. Nearby, wounded who are holding on to life. our forces deployed overseas from road-side some soldiers were readying to head into a The sacrifices our troops make are already bombs or insurgent attacks, but also the safe- graduation ceremony for troops and families so great. It is particularly tragic that after sur- ty of those who are serving at home on bases who had recently earned degrees. The sus- viving the dangers of combat, they lost their around the nation. pected shooter, Maj. Nidal Malik Hasan, was lives back home where they should have been My thoughts and prayers are with the entire shot four times and authorities believed they safe. Today and every day we stand with Fort Hood community, and especially the fami- had killed him, only to discover later that he them as they stand for us, as they stand allies, friends and colleagues of those killed and had survived. Military officials are starting to ways and forever for our country. wounded in this tragedy. piece together what may have pushed this Mr. MCCAUL. Mr. Speaker, I yield Mr. NEIL ABERCROMBE. Mr. Speaker, I Army psychiatrist trained to help soldiers in back the balance of my time. rise today in support of H. Res. 895, which distress, turn on his comrades in a shooting honors the lives of the soldiers and civilians rampage. b 1230 wounded or killed in the horrific tragedy at Fort I want to commend the soldiers at Fort The SPEAKER pro tempore. The Hood, Texas, on November 5, 2009. As chair- Hood for their valiant and selfless acts of brav- question is on the motion offered by man of the Air and Land Forces Sub- ery. Soldiers rushed to treat their injured col- the gentleman from Missouri (Mr. committee of the House Armed Services Com- leagues by ripping their uniforms into make- SKELTON) that the House suspend the mittee, I am profoundly saddened by the loss shift bandages. The top commander at Fort rules and agree to the resolution, H. of life at Fort Hood. I extend my condolences Hood is crediting a civilian police officer, Sgt. Res. 895. to the injured and the families of those who Kimberly Munley, for stopping the shooting. The question was taken. were killed. Fort Hood police Sgt. Kimberly Munley and The SPEAKER pro tempore. In the The most appropriate course for the Air her partner responded within 3 minutes of re- opinion of the Chair, two-thirds being Land Subcommittee, however, is to continue ported gunfire Thursday afternoon. Munley in the affirmative, the ayes have it. Mr. MCCAUL. Mr. Speaker, on that I to provide the most effective force protection shot the gunman four times despite being shot demand the yeas and nays. possible for our military personnel—the proper herself. The yeas and nays were ordered. vehicles, the best counter-improvised explo- Another story of heroism is that of 19-year- The SPEAKER pro tempore. Pursu- sive device capability, the proper body armor old Amber Bahr. The nutritionist put a tour- ant to clause 8 of rule XX and the and helmets, and best weapons. niquet on a wounded soldier and carried him Chair’s prior announcement, further And of course, I will continue to work with out to medical care. And only after she had proceedings on this motion will be Chairwoman DAVIS and Ranking Member WIL- taken care of others did she realize she had postponed. SON to support their activities of the Military been shot. Both women heroically intervened Personnel Subcommittee to ensure that our despite being shot. f men and women in uniform are provided the I would like to express my deepest sym- PROVIDING FOR AN ADJOURN- proper health care and are fully prepared for pathies for the loss of these 13 soldiers. My MENT OR RECESS OF THE TWO their overseas assignments. thoughts and prayers go out to their families HOUSES Mr. BARTLETT. Mr. Speaker, I rise today in during their time of bereavement. It is unac- Mr. EDWARDS of Texas. Mr. Speak- support of H. Res. 895, which honors the lives ceptable that soldiers should fear attacks on er, I send to the desk a privileged con- of the soldiers and civilians wounded or killed American soil. I want the military and their current resolution (H. Con. Res. 210) in the horrific tragedy at Fort Hood, Texas on families to always be protected as they are the and ask for its immediate consider- November 5, 2009. NEIL ABERCROMBIE and I, backbone of American society. It is not only ation. as chairman and ranking member of the Air our soldiers who make sacrifices to protect our The Clerk read the concurrent reso- and Land Forces Subcommittee of the House great Nation, but their families as well. I am lution, as follows: Armed Services Committee are profoundly deeply saddened and troubled by the shoot- H. CON. RES. 210 saddened by the loss of life at Fort Hood. We ings at Fort Hood, especially because soldiers Resolved by the House of Representatives (the extend our condolences to the injured and the and their families from my own district are Senate concurring), That when the House ad- families of those who were killed. there. journs on any legislative day from Friday,

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12494 CONGRESSIONAL RECORD — HOUSE November 6, 2009 November 6, 2009, through Tuesday, Novem- Kanjorski Moran (VA) Schwartz Taylor Turner Wilson (SC) ber 10, 2009, on a motion offered pursuant to Kaptur Murphy (CT) Scott (GA) Terry Upton Wittman this concurrent resolution by its Majority Kennedy Murtha Scott (VA) Thompson (PA) Walden Wolf Thornberry Wamp Leader or his designee, it stand adjourned Kildee Nadler (NY) Serrano Young (AK) Kilpatrick (MI) Napolitano Shea-Porter Tiahrt Westmoreland Young (FL) until 2 p.m. on Monday, November 16, 2009, or Kilroy Neal (MA) Sherman Tiberi Whitfield until the time of any reassembly pursuant to Kind Nye Shuler NOT VOTING—19 section 2 of this concurrent resolution, Kirkpatrick (AZ) Oberstar Sires whichever occurs first; and that when the Kissell Obey Skelton Aderholt Conyers Perriello Senate recesses or adjourns on any day from Klein (FL) Olson Slaughter Broun (GA) Ehlers Rogers (MI) Friday, November 6, 2009, through Tuesday, Kucinich Olver Smith (WA) Carter Johnson (GA) Sa´ nchez, Linda November 10, 2009, on a motion offered pursu- Langevin Ortiz Snyder Cassidy McGovern T. Larsen (WA) Pallone Space Chandler Moore (WI) Stupak ant to this concurrent resolution by its Ma- Larson (CT) Pascrell Clay Murphy, Patrick Wasserman jority Leader or his designee, it stand re- Speier Lee (CA) Pastor (AZ) Spratt Conaway Nunes Schultz cessed or adjourned until noon n Monday, Levin Payne Stark November 16, 2009, or such other time on that Lewis (GA) Perlmutter Sutton b 1257 Lipinski Peters day as may be specified in the motion to re- Tanner Loebsack Peterson Messrs. TAYLOR, SHIMKUS, cess or adjourn, or until the time of any re- Teague Lofgren, Zoe Pingree (ME) assembly pursuant to section 2 of this con- Thompson (CA) PAULSEN, PRICE of Georgia, DON- Lowey Polis (CO) Thompson (MS) NELLY of Indiana, and Ms. JENKINS current resolution, whichever occurs first. Luja´ n Pomeroy Tierney SEC. 2. The Speaker of the House and the Lynch Price (NC) changed their vote from ‘‘yea’’ to Majority Leader of the Senate, or their re- Maloney Quigley Titus ‘‘nay.’’ spective designees, acting jointly after con- Markey (MA) Rahall Tonko Towns Mr. ORTIZ changed his vote from sultation with the Minority Leader of the Marshall Rangel ‘‘nay’’ to ‘‘yea.’’ Matheson Reyes Tsongas House and the Minority Leader of the Sen- Van Hollen So the concurrent resolution was ate, shall notify the Members of the House Matsui Richardson McCarthy (NY) Rodriguez Vela´ zquez agreed to. and the Senate, respectively, to reassemble McCollum Ross Visclosky The result of the vote was announced at such place and time as they may des- McDermott Rothman (NJ) Walz ignate if, in their opinion, the public interest McIntyre Roybal-Allard Waters as above recorded. shall warrant it. McMahon Ruppersberger Watson A motion to reconsider was laid on McNerney Rush Watt the table. The SPEAKER pro tempore. The con- Meek (FL) Ryan (OH) Waxman current resolution is not debatable. Meeks (NY) Salazar Weiner f The question is on the concurrent Melancon Sanchez, Loretta Welch Wexler CONGRATULATING THE NEW YORK resolution. Michaud Sarbanes Miller (NC) Schakowsky Wilson (OH) YANKEES The question was taken; and the Miller, George Schauer Woolsey Speaker pro tempore announced that Mollohan Schiff Wu The SPEAKER pro tempore. The un- the ayes appeared to have it. Moore (KS) Schrader Yarmuth finished business is the vote on the motion to suspend the rules and agree to Mr. MCCAUL. Mr. Speaker, on that I NAYS—179 demand the yeas and nays. the resolution, H. Res. 893, on which Adler (NJ) Franks (AZ) McClintock the yeas and nays were ordered. The yeas and nays were ordered. Akin Frelinghuysen McCotter The SPEAKER pro tempore. Pursu- Alexander Gallegly McHenry The Clerk read the title of the resolu- ant to clause 8 of rule XX, this 15- Austria Garrett (NJ) McKeon tion. Bachmann Gerlach McMorris The SPEAKER pro tempore. The minute vote on adoption of House Con- Bachus Gingrey (GA) Rodgers current Resolution 210 will be followed Baird Gohmert Mica question is on the motion offered by by 5-minute votes on motions to sus- Barrett (SC) Goodlatte Miller (FL) the gentleman from New York (Mr. pend the rules relating to: H. Res. 873; Bartlett Granger Miller (MI) TOWNS) that the House suspend the Barton (TX) Graves Miller, Gary rules and agree to the resolution, H. H.R. 3788; and S. 211. Biggert Guthrie Minnick The vote was taken by electronic de- Bilbray Hall (TX) Mitchell Res. 893. vice, and there were—yeas 235, nays Bilirakis Harper Moran (KS) This will be a 5-minute vote. 179, not voting 19, as follows: Bishop (UT) Hastings (WA) Murphy (NY) The vote was taken by electronic de- Blackburn Hensarling Murphy, Tim vice, and there were—yeas 386, nays 17, [Roll No. 865] Blunt Herger Myrick Boehner Himes Neugebauer answered ‘‘present’’ 11, not voting 19, YEAS—235 Bonner Hoekstra Paul as follows: Abercrombie Clarke Frank (MA) Bono Mack Hunter Paulsen Ackerman Cleaver Fudge Boozman Inglis Pence [Roll No. 866] Altmire Clyburn Garamendi Boustany Issa Petri YEAS—386 Andrews Cohen Brady (TX) Giffords Jenkins Pitts Abercrombie Boozman Chu Arcuri Connolly (VA) Brown (SC) Gonzalez Johnson (IL) Platts Ackerman Boren Clarke Baca Cooper Brown-Waite, Gordon (TN) Johnson, Sam Poe (TX) Akin Boswell Cleaver Baldwin Costa Ginny Grayson Jones Posey Alexander Boucher Clyburn Barrow Costello Buchanan Green, Al Jordan (OH) Price (GA) Andrews Boustany Coble Bean Courtney Burgess Green, Gene King (IA) Putnam Arcuri Boyd Coffman (CO) Becerra Crowley Burton (IN) Griffith King (NY) Radanovich Austria Brady (PA) Cohen Berkley Cuellar Buyer Grijalva Kingston Rehberg Baca Brady (TX) Cole Berman Cummings Calvert Gutierrez Kirk Reichert Bachmann Bright Connolly (VA) Berry Dahlkemper Camp Hall (NY) Kline (MN) Roe (TN) Bachus Brown (SC) Cooper Bishop (GA) Davis (AL) Campbell Halvorson Kosmas Rogers (AL) Baird Brown, Corrine Costa Bishop (NY) Davis (CA) Cantor Hare Kratovil Rogers (KY) Baldwin Brown-Waite, Costello Blumenauer Davis (IL) Capito Harman Lamborn Rohrabacher Barrett (SC) Ginny Courtney Boccieri Davis (TN) Castle Hastings (FL) Lance Rooney Barrow Buchanan Crenshaw Boren DeFazio Coble Heinrich Latham Ros-Lehtinen Bartlett Burgess Crowley Boswell DeGette Coffman (CO) Heller LaTourette Roskam Barton (TX) Burton (IN) Cuellar Boucher Delahunt Cole Herseth Sandlin Latta Royce Bean Butterfield Culberson Boyd DeLauro Crenshaw Higgins Lee (NY) Ryan (WI) Becerra Buyer Cummings Brady (PA) Dicks Culberson Hill Lewis (CA) Scalise Berkley Calvert Dahlkemper Braley (IA) Dingell Davis (KY) Hinchey Linder Schmidt Berman Camp Davis (AL) Bright Doggett Deal (GA) Hinojosa LoBiondo Schock Biggert Cantor Davis (CA) Brown, Corrine Doyle Dent Hirono Lucas Sensenbrenner Bilbray Cao Davis (IL) Butterfield Driehaus Diaz-Balart, L. Hodes Luetkemeyer Sessions Bilirakis Capito Davis (TN) Cao Edwards (MD) Diaz-Balart, M. Holden Lummis Sestak Bishop (GA) Capps Deal (GA) Capps Edwards (TX) Donnelly (IN) Holt Lungren, Daniel Shadegg Bishop (NY) Capuano DeGette Capuano Ellison Dreier Honda E. Shimkus Bishop (UT) Cardoza DeLauro Cardoza Ellsworth Duncan Hoyer Mack Shuster Blackburn Carnahan Dent Carnahan Engel Emerson Inslee Maffei Simpson Blumenauer Carney Diaz-Balart, L. Carney Eshoo Fallin Israel Manzullo Smith (NE) Blunt Carson (IN) Diaz-Balart, M. Carson (IN) Etheridge Flake Jackson (IL) Marchant Smith (NJ) Boccieri Castle Dicks Castor (FL) Farr Fleming Jackson-Lee Markey (CO) Smith (TX) Boehner Castor (FL) Dingell Chaffetz Fattah Forbes (TX) Massa Souder Bonner Chaffetz Doggett Childers Filner Fortenberry Johnson, E. B. McCarthy (CA) Stearns Bono Mack Childers Donnelly (IN) Chu Foster Kagen Foxx McCaul Sullivan

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12495 Doyle Lamborn Rangel NAYS—17 resentative in Congress from the Twenty- Dreier Lance Rehberg Adler (NJ) Filner Radanovich Third Congressional District of New York Duncan Larsen (WA) Reichert Altmire Hunter Rahall show that, as of the close of polls on election Edwards (MD) Larson (CT) Reyes Berry Kaptur Rohrabacher day, the returns for that office show William Edwards (TX) Latham Richardson Braley (IA) Lungren, Daniel Rooney L. Owens received 66,698 votes, Douglas Hoff- Ellison LaTourette Rodriguez Campbell E. Schwartz man received 63,672 votes, and Dede Ellsworth Latta Roe (TN) Delahunt Murphy (CT) Sensenbrenner Emerson Lee (CA) Rogers (AL) Scozzafava received 6,485 votes. Engel Lee (NY) Rogers (KY) ANSWERED ‘‘PRESENT’’—11 As soon as the official results are certified Eshoo Levin Ros-Lehtinen to this office by all county boards in the DeFazio Langevin Souder Etheridge Lewis (CA) Roskam Twenty-Third Congressional District in New Driehaus Marshall Tsongas Fallin Lewis (GA) Ross Hodes Oberstar Welch York an official Certification of Election Farr Linder Rothman (NJ) Kagen Olver will be prepared for transmittal as required Fattah Lipinski Roybal-Allard by law. Flake LoBiondo Royce NOT VOTING—19 Sincerely, Fleming Loebsack Ruppersberger Aderholt Conyers Nunes ROBERT A. BREHM, Forbes Lofgren, Zoe Rush Broun (GA) Davis (KY) Posey Fortenberry Lowey Ryan (OH) Co-Executive Director. Carter Ehlers Rogers (MI) Foster Lucas Ryan (WI) TODD D. VALENTINE, Cassidy Gohmert Sa´ nchez, Linda Foxx Luetkemeyer Salazar Co-Executive Director. Chandler McGovern T. Frank (MA) Luja´ n Sanchez, Loretta Clay Moore (WI) Stupak f Franks (AZ) Lummis Sarbanes Conaway Murphy, Patrick Frelinghuysen Lynch Scalise SWEARING IN OF THE HONORABLE Fudge Mack Schakowsky ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE WILLIAM L. OWENS, OF NEW Gallegly Maffei Schauer The SPEAKER pro tempore (during Garamendi Maloney Schiff YORK, AS A MEMBER OF THE Garrett (NJ) Manzullo Schmidt the vote). There are 2 minutes remain- HOUSE Gerlach Marchant Schock ing in this vote. Mr. RANGEL. Madam Speaker, I ask Giffords Markey (CO) Schrader Gingrey (GA) Markey (MA) Scott (GA) b 1305 unanimous consent that the gentleman Gonzalez Massa Scott (VA) So (two-thirds being in the affirma- from New York, the Honorable William Goodlatte Matheson Serrano tive) the rules were suspended and the L. Owens, be permitted to take the Gordon (TN) Matsui Sessions resolution was agreed to. oath of office today. Granger McCarthy (CA) Sestak His certificate of election has not ar- Graves McCarthy (NY) Shadegg The result of the vote was announced Grayson McCaul Shea-Porter as above recorded. rived, but there is no contest and no Green, Al McClintock Sherman A motion to reconsider was laid on question has been raised with regard to Green, Gene McCollum Shimkus the table. his election. Griffith McCotter Shuler The SPEAKER. Is there objection to Grijalva McDermott Shuster f Guthrie McHenry Simpson the request of the gentleman from New Gutierrez McIntyre Sires PERSONAL EXPLANATION York? Hall (NY) McKeon Skelton There was no objection. Hall (TX) McMahon Slaughter Mr. CONYERS. Mr. Speaker, I was unable The SPEAKER. Will Representative- Halvorson McMorris Smith (NE) to make the following votes today. If I were elect Owens and the members of the Hare Rodgers Smith (NJ) present I would vote ‘‘yea’’ to: H. Con. Res. New York delegation present them- Harman McNerney Smith (TX) 210—Providing for the House, upon comple- Harper Meek (FL) Smith (WA) selves in the well? Hastings (FL) Meeks (NY) Snyder tion of the Affordable Health Care of America Mr. Owens appeared at the bar of the Hastings (WA) Melancon Space Act, to adjourn until November 16, 2009 and House and took the oath of office, as Heinrich Mica Speier H. Res. 893—Congratulating the 2009 Major follows: Heller Michaud Spratt League Baseball World Series Champions, the Hensarling Miller (FL) Stark Do you solemnly swear or affirm that Herger Miller (MI) Stearns New York Yankees. you will support and defend the Con- Herseth Sandlin Miller (NC) Sullivan f stitution of the United States against Higgins Miller, Gary Sutton all enemies, foreign and domestic; that Hill Miller, George Tanner COMMUNICATION FROM THE Himes Minnick Taylor CLERK OF THE HOUSE you will bear true faith and allegiance Hinchey Mitchell Teague to the same; that you take this obliga- Hinojosa Mollohan Terry The SPEAKER laid before the House tion freely, without any mental res- Hirono Moore (KS) Thompson (CA) the following communication from the ervation or purpose of evasion; and Hoekstra Moran (KS) Thompson (MS) Clerk of the House of Representatives: Holden Moran (VA) Thompson (PA) that you will well and faithfully dis- Holt Murphy (NY) Thornberry OFFICE OF THE CLERK, charge the duties of the office on which Honda Murphy, Tim Tiahrt HOUSE OF REPRESENTATIVES, you are about to enter, so help you Hoyer Murtha Tiberi Washington, DC, November 5, 2009. God. Myrick Hon. NANCY PELOSI, Inglis Tierney The SPEAKER. Congratulations, you Inslee Nadler (NY) Titus The Speaker, House of Representatives, Israel Napolitano Tonko Washington, DC. are now a Member of the 111th Con- Issa Neal (MA) Towns DEAR MADAM SPEAKER: I have the honor to gress. Jackson (IL) Neugebauer Turner transmit herewith a facsimile copy of a let- Nye f Jackson-Lee Upton ter received from Mr. Todd D. Valentine and (TX) Obey Van Hollen Mr. Robert A. Brehm, Co-Executive Direc- WELCOMING THE HONORABLE WIL- Jenkins Olson Vela´ zquez LIAM L. OWENS TO THE HOUSE Johnson (GA) Ortiz Visclosky tors of the New York State Board of Elec- Johnson (IL) Pallone Walden tions, indicating that, according to the unof- OF REPRESENTATIVES Johnson, E. B. Pascrell Walz ficial returns of the Special Election held The SPEAKER. Without objection, Johnson, Sam Pastor (AZ) Wamp November 3, 2009, the Honorable William L. the gentleman from New York is recog- Jones Paul Wasserman Owens was elected Representative to Con- Jordan (OH) Paulsen Schultz gress for the Twenty-Third Congressional nized for 1 minute. Kanjorski Payne Waters District, State of New York. There was no objection. Kennedy Pence Watson With best wishes, I am Mr. RANGEL. Madam Speaker and Kildee Perlmutter Watt my colleagues, on behalf of the delega- Kilpatrick (MI) Perriello Waxman Sincerely, Kilroy Peters Weiner LORRAINE C. MILLER, tion of the great State of New York, I Kind Peterson Westmoreland Clerk. have the honor to present to you this King (IA) Petri Wexler Enclosure. outstanding member of New York, this King (NY) Pingree (ME) Whitfield STATE OF NEW YORK, outstanding member of our great coun- Kingston Pitts Wilson (OH) STATE BOARD OF ELECTIONS, try. Kirk Platts Wilson (SC) Albany, NY, November 5, 2009. Kirkpatrick (AZ) Poe (TX) Wittman BILL OWENS was born in Brooklyn, Hon. LORRAINE C. MILLER, Kissell Polis (CO) Wolf raised in Long Island, and conducted Clerk, House of Representatives, Klein (FL) Pomeroy Woolsey The Capitol, Washington, DC. his business life and service to this Kline (MN) Price (GA) Wu great country in upstate New York. As Kosmas Price (NC) Yarmuth DEAR MS. MILLER: This is to advise that Kratovil Putnam Young (AK) the unofficial results of the Special Election a retired United States Air Force cap- Kucinich Quigley Young (FL) held on Tuesday, November 3, 2009 for Rep- tain, he has a beautiful wife, who is

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12496 CONGRESSIONAL RECORD — HOUSE November 6, 2009 with him today. He has three children that I would never have made it with- Baca Driehaus Kucinich Bachmann Duncan Lamborn and two superstar grandchildren, and out you, and I am grateful for your Bachus Edwards (MD) Lance it’s my understanding that another ad- support and for all the laughs we had Baird Edwards (TX) Langevin dition will be added to this group. along the way. Baldwin Ellison Larsen (WA) BILL is a hardworking lawyer and a I most especially want to thank the Barrett (SC) Ellsworth Larson (CT) Barrow Emerson Latham businessman from upstate New York. people of New York’s 23rd Congres- Bartlett Engel LaTourette He is a job creator. At the former Air sional District, whose work I begin Barton (TX) Eshoo Latta Force base in Plattsburgh, he was able today. Conscious of the challenges that Bean Etheridge Lee (CA) to bring some creative activity, bring Becerra Fallin Lee (NY) face us, I am eager to join my col- Berkley Farr Levin together businesses, and as a result of leagues in finding bipartisan solutions Berman Fattah Lewis (CA) that, was able to bring 2,000 jobs to the to health care, energy, our farm crisis, Biggert Filner Lewis (GA) great State of New York, most of them and getting our economy back up and Bilbray Flake Linder Bilirakis Fleming Lipinski from Canada. running. Bishop (GA) Forbes LoBiondo He comes here today as a supporter My family and I came to Plattsburgh Bishop (NY) Fortenberry Loebsack of education, as a supporter, naturally, when I was transferred to Plattsburgh Bishop (UT) Foster Lofgren, Zoe of jobs, as a supporter of making this Blackburn Foxx Lowey Air Force Base. When I left the Air Blumenauer Frank (MA) Lucas country all that she can be, and cer- Force, we decided to stay and make it Blunt Franks (AZ) Luetkemeyer tainly as someone who would like to our home, which we’ve done, but I re- Boccieri Frelinghuysen Luja´ n see all American citizens have access main committed to serving my country Boehner Fudge Lummis Bonner Gallegly Lungren, Daniel to health care, as most of you, I know, and my community. That’s why I have Bono Mack Garamendi E. do. tried throughout my life in upstate Boozman Garrett (NJ) Lynch So, BILL, we will be working with you New York to do the right thing by my Boren Gerlach Mack and working for you. Congratulations. Boswell Giffords Maffei community, and it is the reason that I Boucher Gingrey (GA) Maloney Our heartbeat is heavy for your vic- ran for Congress. Boustany Gohmert Manzullo tory, which we know is the Congress’ Boyd Gonzalez Marchant victory and our Nation’s victory. b 1315 Brady (PA) Goodlatte Markey (CO) Brady (TX) Granger Markey (MA) Mr. KING of New York. Will the gen- I am proud to begin a new chapter of Braley (IA) Graves Marshall tleman yield? service to my country and remain Bright Grayson Massa Mr. RANGEL. I yield to my friend, hopeful that if we can continue seeking Brown (SC) Green, Al Matheson the minority leader of the State of New bipartisan solutions to the problems Brown, Corrine Green, Gene Matsui Brown-Waite, Griffith McCarthy (CA) York, and welcome him joining in with that face us, we can build a brighter fu- Ginny Grijalva McCarthy (NY) us, Congressman PETER KING. ture for our children and grand- Buchanan Guthrie McCaul Mr. KING of New York. I thank children. I pledge to work hard every Burgess Gutierrez McClintock Chairman RANGEL for yielding. Burton (IN) Hall (NY) McCollum day, and I am honored to serve each of Butterfield Hall (TX) McCotter Speaking on behalf of myself and on my constituents and to move the coun- Buyer Halvorson McDermott behalf of the entire New York Repub- try and my district forward. Calvert Hare McHenry lican delegation of myself and Con- Camp Harman McIntyre f Campbell Harper McMahon EE gressman L —a very powerful two- Cantor Hastings (FL) McMorris man delegation against 27—seriously, ANNOUNCEMENT BY THE SPEAKER Cao Hastings (WA) Rodgers Congressman OWENS, it is a privilege to The SPEAKER. Under clause 5(d) of Capito Heinrich McNerney welcome you to the House of Rep- Capps Heller Meek (FL) rule XX, the Chair announces to the Capuano Hensarling Meeks (NY) resentatives. House that, in light of the administra- Cardoza Herger Melancon Thank you for your years of service tion of the oath to the gentleman from Carnahan Herseth Sandlin Mica to your country. We look forward to Carney Higgins Michaud New York, the whole number of the working with you. You will find, Carson (IN) Hill Miller (FL) House is 435. Castle Himes Miller (MI) whether it’s 27–2 or 18–13—or whatever Castor (FL) Hinchey Miller (NC) it was a few years ago—we in the New f Chaffetz Hinojosa Miller, Gary York delegation do work across the Childers Hirono Miller, George ANNOUNCEMENT BY THE SPEAKER Chu Hodes Minnick aisle and work with each other, and I PRO TEMPORE Clarke Hoekstra Mitchell wish you the very best. Cleaver Holden Mollohan Mr. RANGEL. My colleagues, Con- The SPEAKER pro tempore (Mr. Clyburn Holt Moore (KS) gressman BILL OWENS. SALAZAR). Without objection, 5-minute Coble Honda Moore (WI) voting will continue. Coffman (CO) Hoyer Moran (KS) Mr. OWENS. Thank you. Like all of Cohen Hunter Moran (VA) my speeches, it will be brief. There was no objection. Cole Inglis Murphy (CT) Madam Speaker, I am honored to be f Connolly (VA) Inslee Murphy (NY) here with you all today and to join in Conyers Israel Murphy, Tim CORPORAL JOSEPH A. TOMCI POST Cooper Issa Murtha continuing our effort to build a better, Costa Jackson (IL) Myrick stronger America. OFFICE BUILDING Costello Jackson-Lee Nadler (NY) This is a proud day for me and my The SPEAKER pro tempore. The un- Courtney (TX) Napolitano Crenshaw Jenkins Neal (MA) family, but it is also a sad day for our finished business is the vote on the mo- Crowley Johnson (GA) Neugebauer country. The shooting at Fort Hood tion to suspend the rules and pass the Cuellar Johnson (IL) Nye last night that claimed the lives of 13 bill, H.R. 3788, on which the yeas and Culberson Johnson, E. B. Oberstar fine Americans is a stunning reminder Cummings Johnson, Sam Obey nays were ordered. Dahlkemper Jones Olson of how quickly the peace we enjoy here The Clerk read the title of the bill. Davis (AL) Jordan (OH) Olver at home can turn to violence and how The SPEAKER pro tempore. The Davis (CA) Kanjorski Ortiz much we rely on our brave men and question is on the motion offered by Davis (IL) Kaptur Owens Davis (KY) Kennedy Pallone women to keep us free from harm. My the gentleman from Illinois (Mr. Davis (TN) Kildee Pascrell thoughts and prayers are with the fam- DAVIS) that the House suspend the Deal (GA) Kilpatrick (MI) Pastor (AZ) ilies of the victims and with our sol- rules and pass the bill, H.R. 3788. DeFazio Kilroy Paul diers to whom we owe our safety and DeGette Kind Paulsen This is a 5-minute vote. Delahunt King (IA) Payne our freedom. The vote was taken by electronic de- DeLauro King (NY) Pence I would like to thank my family for vice, and there were—yeas 415, nays 1, Dent Kingston Perlmutter being with me and for standing behind not voting 18, as follows: Diaz-Balart, L. Kirk Perriello Diaz-Balart, M. Kirkpatrick (AZ) Peters me every step of the way. [Roll No. 867] Dingell Kissell Peterson To my wife, Jane; my three children, YEAS—415 Doggett Klein (FL) Petri Tara, Jenna, and Brendan, and their Donnelly (IN) Kline (MN) Pingree (ME) Abercrombie Akin Andrews spouses; and my three grandchildren, Doyle Kosmas Pitts Ackerman Alexander Arcuri Dreier Kratovil Platts Caroline, Tommy, and Tess, I know Adler (NJ) Altmire Austria

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12497 Poe (TX) Schmidt Thompson (MS) Orlando. Seven people were taken to Grayson Maffei Rooney Polis (CO) Schock Thompson (PA) Green, Al Maloney Ros-Lehtinen Pomeroy Schrader Thornberry Orlando Regional Medical Center and Green, Gene Manzullo Roskam Posey Schwartz Tiahrt one to Florida Hospital South. Griffith Marchant Ross Price (GA) Scott (GA) Tiberi My thoughts and prayers go out to Grijalva Markey (CO) Rothman (NJ) Price (NC) Scott (VA) Tierney the family and the victims. Madam Guthrie Markey (MA) Roybal-Allard Putnam Sensenbrenner Titus Gutierrez Marshall Royce Quigley Serrano Tonko Speaker, would you please ask the Hall (NY) Massa Ruppersberger Radanovich Sessions Towns House to stand. These are two tragic Hall (TX) Matheson Rush Rahall Sestak Tsongas back-to-back days in our country. Halvorson Matsui Ryan (OH) Rangel Shadegg Turner Let’s ask to pray for our country and Hare McCarthy (CA) Ryan (WI) Rehberg Shea-Porter Upton Harman McCarthy (NY) Salazar Reichert Sherman Van Hollen for the families and the victims. Harper McCaul Sarbanes Reyes Shimkus Vela´ zquez The SPEAKER. Will all Members rise Hastings (FL) McClintock Scalise Richardson Shuler Visclosky and observe a moment of silence for Hastings (WA) McCollum Schakowsky Rodriguez Shuster Walden Heinrich McCotter the victims of violence in Orlando, Schauer Roe (TN) Simpson Walz Heller McDermott Schiff Rogers (AL) Sires Wamp Florida. Hensarling McHenry Schmidt Rogers (KY) Skelton Wasserman Herger McIntyre ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Schrader Rohrabacher Slaughter Schultz Herseth Sandlin McKeon Schwartz Rooney Smith (NE) Waters The SPEAKER pro tempore (Ms. ED- Higgins McMahon Scott (GA) Ros-Lehtinen Smith (NJ) Watson WARDS of Maryland). Without objec- Hill McMorris Scott (VA) Roskam Smith (TX) Watt tion, 5-minute voting will continue. Himes Rodgers Sensenbrenner Ross Smith (WA) Waxman Hinchey McNerney There was no objection. Serrano Rothman (NJ) Snyder Weiner Hinojosa Meek (FL) Sessions Roybal-Allard Souder Welch f Hirono Meeks (NY) Sestak Royce Space Westmoreland Hodes Melancon Shadegg Ruppersberger Speier Wexler JACK F. KEMP POST OFFICE Hoekstra Mica Shea-Porter Rush Spratt Whitfield Holden Michaud BUILDING Sherman Ryan (OH) Stark Wilson (OH) Holt Miller (FL) Shimkus Ryan (WI) Stearns Wilson (SC) Honda Miller (MI) The SPEAKER pro tempore. The un- Shuler Salazar Sullivan Wittman Hoyer Miller (NC) Shuster Sanchez, Loretta Sutton Wolf finished business is the vote on the mo- Hunter Miller, Gary Simpson Sarbanes Tanner Woolsey tion to suspend the rules and pass the Inglis Miller, George Sires Scalise Taylor Wu Inslee Minnick bill, S. 1211, on which the yeas and nays Skelton Schakowsky Teague Yarmuth Israel Mitchell Smith (NE) Schauer Terry Young (AK) were ordered. Issa Mollohan Smith (NJ) Schiff Thompson (CA) Young (FL) The Clerk read the title of the bill. Jackson (IL) Moore (KS) Smith (TX) Jackson-Lee Moore (WI) The SPEAKER pro tempore. The Smith (WA) NAYS—1 (TX) Moran (KS) question is on the motion offered by Snyder Berry Jenkins Moran (VA) the gentleman from Illinois (Mr. Johnson (GA) Murphy (CT) Souder NOT VOTING—18 DAVIS) that the House suspend the Johnson (IL) Murphy (NY) Space Speier Aderholt Dicks Nunes rules and pass the bill, S. 1211. Johnson, E. B. Murphy, Tim Johnson, Sam Murtha Spratt Broun (GA) Ehlers Rogers (MI) This will be a 5-minute vote. Stark Carter Gordon (TN) Sa´ nchez, Linda Jones Myrick The vote was taken by electronic de- Jordan (OH) Nadler (NY) Stearns Cassidy Kagen T. Kagen Napolitano Stupak Chandler McGovern Stupak vice, and there were—yeas 408, nays 0, Kanjorski Neal (MA) Sullivan Clay McKeon not voting 26, as follows: Sutton Conaway Murphy, Patrick Kaptur Neugebauer [Roll No. 868] Kennedy Nye Tanner Taylor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE YEAS—408 Kildee Oberstar Teague The SPEAKER pro tempore (during Kilpatrick (MI) Obey Abercrombie Brown, Corrine Davis (TN) Kilroy Olson Terry the vote). There are 2 minutes remain- Ackerman Brown-Waite, Deal (GA) Kind Olver Thompson (CA) ing in this vote. Adler (NJ) Ginny DeFazio King (IA) Ortiz Thompson (MS) Akin Buchanan DeGette King (NY) Owens Thompson (PA) b 1324 Alexander Burgess Delahunt Kingston Pallone Thornberry Altmire Burton (IN) DeLauro Kirk Pascrell Tiahrt So (two-thirds being in the affirma- Andrews Butterfield Dent Kirkpatrick (AZ) Pastor (AZ) Tiberi tive) the rules were suspended and the Arcuri Buyer Diaz-Balart, L. Kissell Paul Tierney bill was passed. Austria Calvert Diaz-Balart, M. Klein (FL) Paulsen Titus Baca Camp Dingell The result of the vote was announced Kline (MN) Payne Tonko Bachmann Campbell Doggett Kosmas Pence Towns as above recorded. Bachus Cantor Donnelly (IN) Kratovil Perlmutter Tsongas A motion to reconsider was laid on Baird Cao Doyle Kucinich Perriello Turner the table. Baldwin Capito Dreier Lamborn Peters Upton Barrett (SC) Capps Driehaus Lance Peterson Van Hollen Stated for: Barrow Capuano Duncan Langevin Petri Vela´ zquez Mr. BERRY. Mr. Speaker, on November 6, Bartlett Cardoza Edwards (MD) Larson (CT) Pingree (ME) Visclosky 2009, I made a mistake and voted ‘‘nay’’ on Barton (TX) Carnahan Edwards (TX) Latham Pitts Walden Bean Carney Ellsworth LaTourette Platts Walz H.R. 3788 (rollcall vote 867). I meant to vote Becerra Carson (IN) Emerson Latta Poe (TX) Wamp ‘‘yea’’ on H.R. 3788. I have the highest re- Berkley Castle Engel Lee (CA) Polis (CO) Wasserman spect and appreciation for Corporal Joseph A. Berman Castor (FL) Eshoo Lee (NY) Pomeroy Schultz Berry Chaffetz Etheridge Tomci and his family, and I apologize for any Levin Posey Waters Biggert Childers Fallin Lewis (CA) Price (GA) Watson anguish my vote may have caused them. His Bilbray Chu Farr Lewis (GA) Price (NC) Watt service is greatly appreciated, and this honor Bilirakis Clarke Fattah Linder Putnam Waxman is a fitting tribute to him and his family. Bishop (GA) Clay Filner Lipinski Quigley Weiner Bishop (NY) Cleaver Flake LoBiondo Radanovich Welch f Bishop (UT) Clyburn Fleming Loebsack Rahall Wexler Blackburn Coble Forbes Lowey Rehberg Whitfield MOMENT OF SILENCE FOR THE Blumenauer Cohen Fortenberry Lucas Reichert Wilson (OH) VICTIMS OF VIOLENCE IN OR- Blunt Cole Foster Luetkemeyer Reyes Wilson (SC) Boccieri Connolly (VA) Foxx LANDO, FLORIDA Luja´ n Richardson Wittman Boehner Conyers Franks (AZ) Lummis Rodriguez Wolf (Ms. CORRINE BROWN of Florida Bonner Cooper Frelinghuysen Lungren, Daniel Roe (TN) Wu Bono Mack Costa Fudge asked and was given permission to ad- E. Rogers (AL) Yarmuth Boozman Costello Gallegly Lynch Rogers (KY) Young (AK) dress the House for 1 minute.) Boren Courtney Garamendi Mack Rohrabacher Young (FL) Ms. CORRINE BROWN of Florida. Boswell Crenshaw Garrett (NJ) Boucher Cuellar Gerlach NOT VOTING—26 Madam Speaker, I am extremely sad to Boustany Culberson Giffords announce a tragedy in Orlando, Flor- Aderholt Conaway Gordon (TN) Boyd Cummings Gingrey (GA) Broun (GA) Crowley Larsen (WA) ida, today. Early reports are saying Brady (PA) Dahlkemper Gohmert Carter Dicks Lofgren, Zoe that at least two people are dead and Brady (TX) Davis (AL) Gonzalez Cassidy Ehlers McGovern Braley (IA) Davis (CA) Goodlatte six have been wounded in a mass shoot- Chandler Ellison Murphy, Patrick Bright Davis (IL) Granger Coffman (CO) Frank (MA) Nunes ing at an office building in downtown Brown (SC) Davis (KY) Graves

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12498 CONGRESSIONAL RECORD — HOUSE November 6, 2009 Rangel Sanchez, Loretta Woolsey Sec. 202. Intentional acts affecting the secu- the identification of chemical facility per- Rogers (MI) Schock rity of covered water systems. sonnel and other persons seeking access to Sa´ nchez, Linda Slaughter Sec. 203. Study to assess the threat of con- the chemical facility and that discourages T. Westmoreland tamination of drinking water abuse through established disciplinary meas- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE distribution systems. ures. The SPEAKER pro tempore (during TITLE III—WASTEWATER TREATMENT ‘‘(D) Methods to deter, detect, and delay a the vote). One minute remains in this WORKS SECURITY chemical facility terrorist incident, creating sufficient time between detection of a chem- vote. Sec. 301. Short title. ical facility terrorist incident and the point Sec. 302. Wastewater treatment works secu- at which the chemical facility terrorist inci- b 1335 rity. So (two-thirds being in the affirma- dent becomes successful, including measures TITLE I—CHEMICAL FACILITY SECURITY to— tive) the rules were suspended and the SEC. 101. SHORT TITLE. ‘‘(i) deter vehicles from penetrating the bill was passed. This title may be cited as the ‘‘Chemical chemical facility perimeter, gaining unau- The result of the vote was announced Facility Anti-Terrorism Act of 2009’’. thorized access to restricted areas, or other- as above recorded. SEC. 102. FINDINGS AND PURPOSE. wise presenting a hazard to potentially crit- A motion to reconsider was laid on (a) FINDINGS.—Congress makes the fol- ical targets; the table. lowing findings: ‘‘(ii) deter chemical facility terrorist incidents through visible, professional, well- f (1) The Nation’s chemical sector represents a target that terrorists could exploit to maintained security measures and systems, CHEMICAL FACILITY ANTI- cause consequences, including death, injury, including security personnel, detection sys- TERRORISM ACT OF 2009 or serious adverse effects to human health, tems, barriers and barricades, and hardened or reduced value targets; The SPEAKER pro tempore. Pursu- the environment, critical infrastructure, public health, homeland security, national ‘‘(iii) detect chemical facility terrorist in- ant to House Resolution 885 and rule security, and the national economy. cidents at early stages through counter sur- XVIII, the Chair declares the House in (2) Chemical facilities that pose such po- veillance, frustration of opportunity to ob- the Committee of the Whole House on tential consequences and that are vulnerable serve potential targets, surveillance and the State of the Union for the further to terrorist attacks must be protected. sensing systems, and barriers and barricades; consideration of the bill, H.R. 2868. (3) The Secretary of Homeland Security and has statutory authority pursuant to section ‘‘(iv) delay a chemical facility terrorist in- b 1335 550 of the Department of Homeland Security cident for a sufficient period of time so as to allow appropriate response through on-site IN THE COMMITTEE OF THE WHOLE Appropriations Act, 2007 (Public Law 109–295) to regulate the security practices at chem- security response, barriers and barricades, Accordingly, the House resolved hardened targets, and well-coordinated re- ical facilities that are at significant risk of itself into the Committee of the Whole sponse planning. being terrorist targets. ‘‘(E) Securing and monitoring the shipping, House on the State of the Union for the (4) The Secretary of Homeland Security receipt, and storage of a substance of con- further consideration of the bill (H.R. issued interim final regulations called the cern for the chemical facility. 2868) to amend the Homeland Security Chemical Facility Anti-Terrorism Stand- ‘‘(F) Deterring theft or diversion of a sub- Act of 2002 to extend, modify, and re- ards, which became effective on June 8, 2007. stance of concern. (b) PURPOSE.—The purpose of this title is codify the authority of the Secretary ‘‘(G) Deterring insider sabotage. to modify and make permanent the author- of Homeland Security to enhance secu- ‘‘(H) Deterring cyber sabotage, including ity of the Secretary of Homeland Security to rity and protect against acts of ter- by preventing unauthorized onsite or remote regulate security practices at chemical fa- rorism against chemical facilities, and access to critical process controls, including cilities. for other purposes, with Mr. SALAZAR supervisory control and data acquisition sys- (Acting Chair) in the chair. SEC. 103. EXTENSION, MODIFICATION, AND RE- tems, distributed control systems, process CODIFICATION OF AUTHORITY OF control systems, industrial control systems, The Clerk read the title of the bill. SECRETARY OF HOMELAND SECU- critical business systems, and other sensitive The Acting CHAIR. When the Com- RITY TO REGULATE SECURITY PRAC- TICES AT CHEMICAL FACILITIES. computerized systems. mittee of the Whole rose on Thursday, ‘‘(I) Developing and exercising an internal November 5, 2009, all time for general (a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended emergency plan for owners, operators, and debate had expired. by adding at the end the following new title: covered individuals of a covered chemical fa- In lieu of the amendments in the na- cility for responding to chemical facility ter- ture of a substitute recommended by ‘‘TITLE XXI—REGULATION OF SECURITY rorist incidents at the facility. Any such PRACTICES AT CHEMICAL FACILITIES the Committees on Homeland Security plan shall include the provision of appro- and Energy and Commerce printed in ‘‘SEC. 2101. DEFINITIONS. priate information to any local emergency ‘‘In this title, the following definitions planning committee, local law enforcement the bill, the amendment in the nature apply: officials, and emergency response providers of a substitute printed in part A of ‘‘(1) The term ‘chemical facility’ means to ensure an effective, collective response to House Report 111–327 shall be consid- any facility— terrorist incidents. ered as an original bill for purpose of ‘‘(A) at which the owner or operator of the ‘‘(J) Maintaining effective monitoring, amendment under the 5-minute rule facility possesses or plans to possess at any communications, and warning systems, in- and shall be considered read. relevant point in time a substance of concluding— The text of the amendment in the na- cern; or ‘‘(i) measures designed to ensure that secu- ture of a substitute is as follows: ‘‘(B) that meets other risk-related criteria rity systems and equipment are in good identified by the Secretary. working order and inspected, tested, cali- H.R. 2868 ‘‘(2) The term ‘chemical facility security brated, and otherwise maintained; Be it enacted by the Senate and House of Rep- performance standards’ means risk-based ‘‘(ii) measures designed to regularly test resentatives of the United States of America in standards established by the Secretary to en- security systems, note deficiencies, correct Congress assembled, sure or enhance the security of a chemical for detected deficiencies, and record results SECTION 1. SHORT TITLE; TABLE OF CONTENTS. facility against a chemical facility terrorist so that they are available for inspection by (a) SHORT TITLE.—This Act may be cited as incident that are designed to address the fol- the Department; and the ‘‘Chemical and Water Security Act of lowing: ‘‘(iii) measures to allow the chemical facil- 2009’’. ‘‘(A) Restricting the area perimeter. ity to promptly identify and respond to secu- (b) TABLE OF CONTENTS.—The table of con- ‘‘(B) Securing site assets. rity system and equipment failures or mal- tents for this Act is as follows: ‘‘(C) Screening and controlling access to functions. Sec. 1. Short title; table of contents. the facility and to restricted areas within ‘‘(K) Ensuring mandatory annual security TITLE I—CHEMICAL FACILITY SECURITY the facility by screening or inspecting indi- training, exercises, and drills of chemical fa- viduals and vehicles as they enter, includ- cility personnel appropriate to their roles, Sec. 101. Short title. ing— responsibilities, and access to chemicals, in- Sec. 102. Findings and purpose. ‘‘(i) measures to deter the unauthorized including participation by local law enforce- Sec. 103. Extension, modification, and re- troduction of dangerous substances and de- ment, local emergency response providers, codification of authority of vices that may facilitate a chemical facility appropriate supervisory and non-supervisory Secretary of Homeland Secu- terrorist incident or actions having serious facility employees and their employee rep- rity to regulate security prac- negative consequences for the population resentatives, if any. tices at chemical facilities. surrounding the chemical facility; and ‘‘(L) Performing personnel surety for indi- TITLE II—DRINKING WATER SECURITY ‘‘(ii) measures implementing a regularly viduals with access to restricted areas or Sec. 201. Short title. updated identification system that checks critical assets by conducting appropriate

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12499 background checks and ensuring appropriate Fishery Conservation and Management Act economy that could result from a chemical credentials for unescorted visitors and chem- (16 U.S.C. 1801 et seq.); and facility terrorist incident. ical facility personnel, including permanent ‘‘(B) any other surface water, ground ‘‘(C) The proximity of the chemical facility and part-time personnel, temporary per- water, drinking water supply, land surface or to large population centers. sonnel, and contract personnel, including— subsurface strata, or ambient air within the ‘‘(2) SUBMISSION OF INFORMATION.—The Sec- ‘‘(i) measures designed to verify and vali- United States or under the jurisdiction of retary may require the submission of infor- date identity; the United States. mation with respect to the quantities of sub- ‘‘(ii) measures designed to check criminal ‘‘(8) The term ‘owner or operator’ with re- stances of concern that an owner or operator history; spect to a facility means any of the fol- of a chemical facility possesses or plans to ‘‘(iii) measures designed to verify and vali- lowing: possess in order to determine whether to des- date legal authorization to work; and ‘‘(A) The person who owns the facility. ignate a chemical facility as a covered chem- ‘‘(iv) measures designed to identify people ‘‘(B) The person who has responsibility for ical facility for purposes of this title. with terrorist ties. daily operation of the facility. ‘‘(c) ASSIGNMENT OF CHEMICAL FACILITIES ‘‘(M) Escalating the level of protective ‘‘(C) The person who leases the facility. TO RISK-BASED TIERS.— measures for periods of elevated threat. ‘‘(9) The term ‘person’ means an individual, ‘‘(1) ASSIGNMENT.—The Secretary shall as- ‘‘(N) Specific threats, vulnerabilities, or trust, firm, joint stock company, corpora- sign each covered chemical facility to one of risks identified by the Secretary for that tion (including a government corporation), four risk-based tiers established by the Sec- chemical facility. partnership, association, State, munici- retary, with tier one representing the high- ‘‘(O) Reporting of significant security inci- pality, commission, political subdivision of a est degree of risk and tier four the lowest de- dents to the Department and to appropriate State, or any interstate body and shall in- gree of risk. local law enforcement officials. clude each department, agency, and instru- ‘‘(2) PROVISION OF INFORMATION.—The Sec- ‘‘(P) Identifying, investigating, reporting, mentality of the United States. retary may request, and the owner or oper- and maintaining records of significant secu- ‘‘(10) The term ‘release’ means any spilling, ator of a covered chemical facility shall pro- rity incidents and suspicious activities in or leaking, pumping, pouring, emitting, vide, any additional information beyond any near the site. emptying, discharging, injecting, escaping, information required to be submitted under ‘‘(Q) Establishing one or more officials and leaching, dumping, or disposing into the en- subsection (b)(2) that may be necessary for an organization responsible for— vironment (including the abandonment or the Secretary to assign the chemical facility ‘‘(i) security; discarding of barrels, containers, and other to the appropriate tier under paragraph (1). ‘‘(ii) compliance with the standards under closed receptacles containing any hazardous ‘‘(3) NOTIFICATION.—Not later than 60 days this paragraph; substance or pollutant or contaminant). after the date on which the Secretary deter- ‘‘(iii) serving as the point of contact for in- ‘‘(11) The term ‘substance of concern’ mines that a chemical facility is a covered cident management purposes with Federal, means a chemical substance in quantity and chemical facility or is no longer a covered State, local, and tribal agencies, law enforce- form that is so designated by the Secretary chemical facility or changes the tier assignment, and emergency response providers; and under section 2102(a). ment under paragraph (1) of a covered chem- ‘‘(iv) coordination with Federal, State, ‘‘(12) The term ‘method to reduce the con- ical facility, the Secretary shall notify the local, and tribal agencies, law enforcement, sequences of a terrorist attack’ means a owner or operator of that chemical facility and emergency response providers regarding measure used at a chemical facility that re- of that determination or change together plans and security measures for the collec- duces or eliminates the potential con- with the reason for the determination or tive response to a chemical facility terrorist sequences of a chemical facility terrorist in- change and, upon the request of the owner or incident. cident, including— operator of a covered chemical facility, pro- ‘‘(R) Maintaining appropriate records re- ‘‘(A) the elimination or reduction in the vide to the owner or operator of the covered lating to the security of the facility, includ- amount of a substance of concern possessed chemical facility the following information: ing a copy of the most recent security vul- or planned to be possessed by an owner or op- ‘‘(A) The number of individuals at risk of nerability assessment and site security plan erator of a covered chemical facility through death, injury, or severe adverse effects to at the chemical facility. the use of alternate substances, formula- human health as a result of a worst case ‘‘(S) Assessing and, as appropriate, uti- tions, or processes; chemical facility terrorist incident at the lizing methods to reduce the consequences of ‘‘(B) the modification of pressures, tem- covered chemical facility. a terrorist attack. peratures, or concentrations of a substance ‘‘(B) Information related to the criticality ‘‘(T) Methods to recover or mitigate the re- of concern; and of the covered chemical facility. lease of a substance of concern in the event ‘‘(C) the reduction or elimination of onsite ‘‘(C) The proximity or interrelationship of of a chemical facility terrorist incident. handling of a substance of concern through the covered chemical facility to other crit- ‘‘(U) Any additional security performance improvement of inventory control or chemical infrastructure. standards the Secretary may specify. ical use efficiency. ‘‘(d) REQUIREMENT FOR REVIEW.—The Sec- ‘‘(3) The term ‘chemical facility terrorist ‘‘SEC. 2102. RISK-BASED DESIGNATION AND RANK- retary— incident’ means any act or attempted act of ING OF CHEMICAL FACILITIES. ‘‘(1) shall periodically review— terrorism or terrorist activity committed at, ‘‘(a) SUBSTANCES OF CONCERN.— ‘‘(A) the designation of a substance of con- near, or against a chemical facility, includ- ‘‘(1) DESIGNATION BY THE SECRETARY.—The cern and the threshold quantity under sub- ing— Secretary may designate any chemical subsection (a)(1); and ‘‘(A) the release of a substance of concern stance as a substance of concern and estab- ‘‘(B) the criteria under subsection (b)(1); from a chemical facility; lish the threshold quantity for each such and ‘‘(B) the theft, misappropriation, or misuse substance of concern. ‘‘(2) may at any time determine whether a of a substance of concern from a chemical fa- ‘‘(2) MATTERS FOR CONSIDERATION.—In des- chemical facility is a covered chemical facil- cility; or ignating a chemical substance or estab- ity or change the tier to which such a facil- ‘‘(C) the sabotage of a chemical facility or lishing or adjusting the threshold quantity ity is assigned under subsection (c)(1). a substance of concern at a chemical facil- for a chemical substance under paragraph ‘‘(e) PROVISION OF THREAT-RELATED INFOR- ity. (1), the Secretary shall consider the poten- MATION.—In order to effectively assess the ‘‘(4) The term ‘employee representative’ tial extent of death, injury, and serious ad- vulnerabilities to a covered chemical facil- means the representative of the certified or verse effects to human health, the environ- ity, the Secretary shall provide to the owner, recognized bargaining agent engaged in a ment, critical infrastructure, public health, operator, or security officer of a covered collective bargaining relationship with a pri- homeland security, national security, and chemical facility threat information regard- vate or public owner or operator of a chem- the national economy that could result from ing probable threats to the facility and ical facility. a chemical facility terrorist incident. methods that could be used in a chemical fa- ‘‘(5) The term ‘covered individual’ means a ‘‘(b) LIST OF COVERED CHEMICAL FACILI- cility terrorist incident. permanent, temporary, full-time, or part- TIES.— ‘‘SEC. 2103. SECURITY VULNERABILITY ASSESS- time employee of a covered chemical facility ‘‘(1) CRITERIA FOR LIST OF FACILITIES.—The MENTS AND SITE SECURITY PLANS. or an employee of an entity with which the Secretary shall maintain a list of covered ‘‘(a) IN GENERAL.— covered chemical facility has entered into a chemical facilities that the Secretary deter- ‘‘(1) REQUIREMENT.—The Secretary shall— contract who is performing responsibilities mines are of sufficient security risk for in- ‘‘(A) establish standards, protocols, and at the facility pursuant to the contract. clusion on the list based on the following cri- procedures for security vulnerability assess- ‘‘(6) The term ‘covered chemical facility’ teria: ments and site security plans to be required means a chemical facility that meets the cri- ‘‘(A) The potential threat or likelihood for covered chemical facilities; teria of section 2102(b)(1). that the chemical facility will be the target ‘‘(B) require the owner or operator of each ‘‘(7) The term ‘environment’ means— of a chemical facility terrorist incident. covered chemical facility to— ‘‘(A) the navigable waters, the waters of ‘‘(B) The potential extent and likelihood of ‘‘(i) conduct an assessment of the vulner- the contiguous zone, and the ocean waters of death, injury, or serious adverse effects to ability of the covered chemical facility to a which the natural resources are under the human health, the environment, critical in- range of chemical facility terrorist inci- exclusive management authority of the frastructure, public health, homeland secu- dents, including an incident that results in a United States under the Magnuson-Stevens rity, national security, and the national worst-case release of a substance of concern

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12500 CONGRESSIONAL RECORD — HOUSE November 6, 2009 and submit such assessment to the Sec- ‘‘(1) require separate and, as appropriate, formation to the Secretary necessary to de- retary; increasingly stringent risk-based chemical termine whether to designate such a facility ‘‘(ii) prepare and implement a site security security performance standards for site secu- as a covered chemical facility and to assign plan for that covered chemical facility that rity plans as the level of risk associated with the facility to a risk-based tier under section addresses the security vulnerability assess- the tier increases; and 2102 of this title. ment and meets the risk-based chemical se- ‘‘(2) permit each covered chemical facility ‘‘(B) ADDITIONAL MEASURES.—In the case of curity performance standards under sub- submitting a site security plan to select a a facility designated as a covered chemical section (c) and submit such plan to the Sec- combination of security measures that sat- facility under this title for which a facility retary; isfy the risk-based chemical security per- security plan is required to be submitted ‘‘(iii) include at least one supervisory and formance standards established by the Sec- under section 70103(c) of title 46, United at least one non-supervisory employee of the retary under this subsection. States Code, the Commandant of the Coast covered chemical facility, and at least one ‘‘(d) CO-LOCATED CHEMICAL FACILITIES.— Guard, after consultation with the Sec- employee representative, from each bar- The Secretary may allow an owner or oper- retary, shall require the owner or operator of gaining agent at the covered chemical facil- ator of a covered chemical facility that is lo- such facility to update the vulnerability as- ity, if any, in developing the security vulner- cated geographically close to another cov- sessments and facility security plans re- ability assessment and site security plan re- ered chemical facility to develop and imple- quired under that section, if necessary, to quired under this section; and ment coordinated security vulnerability as- ensure an equivalent level of security for ‘‘(iv) include, with the submission of a se- sessments and site security plans. substances of concern, including the require- ‘‘(e) ALTERNATE SECURITY PROGRAMS SAT- curity vulnerability assessment and the site ments under section 2111, in the same man- ISFYING REQUIREMENTS FOR SECURITY VUL- security plan of the covered chemical facil- ner as other covered chemical facilities in NERABILITY ASSESSMENT AND SITE SECURITY ity under this title, a signed statement by this title. PLAN.— the owner or operator of the covered chem- ‘‘(C) PERSONNEL SURETY.— ‘‘(1) ACCEPTANCE OF PROGRAM.—In response ical facility that certifies that the submis- ‘‘(i) EXCEPTION.—A facility designated as a to a request by an owner or operator of a covered chemical facility under this title sion is provided to the Secretary with knowl- covered chemical facility, the Secretary may edge of the penalty provisions under section that has had its facility security plan ap- accept an alternate security program sub- proved under section 70103(c) of title 46, 2107; mitted by the owner or operator of the facil- ‘‘(C) set deadlines, by tier, for the comple- United States Code, shall not be required to ity as a component of the security vulner- update or amend such plan in order to meet tion of security vulnerability assessments ability assessment or site security plan re- and site security plans; the requirements of section 2115 of this title. quired under this section, if the Secretary ‘‘(ii) EQUIVALENT ACCESS.—An individual ‘‘(D) upon request, as necessary, and to the determines that such alternate security pro- extent that resources permit, provide tech- described in section 2115(a)(1)(B) who has gram, in combination with other components been granted access to restricted areas or nical assistance to a covered chemical facil- of the security vulnerability assessment and ity conducting a vulnerability assessment or critical assets by the owner or operator of a site security plan submitted by the owner or facility for which a security plan is required site security plan required under this sec- operator of the facility— tion; to be submitted under section 70103(c) of title ‘‘(A) meets the requirements of this title 46, United States Code, may be considered by ‘‘(E) establish specific deadlines and re- and the regulations promulgated pursuant to that owner or operator to have satisfied the quirements for the submission by a covered this title; requirement for passing a security back- chemical facility of information describing— ‘‘(B) provides an equivalent level of secu- ground check otherwise required under sec- ‘‘(i) any change in the use by the covered rity to the level of security established pur- tion 2115 for purposes of granting the indi- chemical facility of more than a threshold suant to the regulations promulgated under vidual access to restricted areas or critical amount of any substance of concern that this title; and assets of a covered chemical facility that is may affect the requirements of the chemical ‘‘(C) includes employee participation as re- owned or operated by the same owner or op- facility under this title; or quired under subsection (a)(1)(B)(iii). erator. ‘‘(ii) any material modification to a cov- ‘‘(2) SECRETARIAL REVIEW REQUIRED.—Noth- ‘‘(D) INFORMATION SHARING AND PROTEC- ered chemical facility’s operations or site ing in this subsection shall relieve the Sec- TION.—Notwithstanding section 70103(d) of that may affect the security vulnerability retary of the obligation— title 46, United States Code, the Com- assessment or site security plan submitted ‘‘(A) to review a security vulnerability as- mandant of the Coast Guard, after consulta- by the covered chemical facility; sessment and site security plan submitted by tion with the Secretary, shall apply the in- ‘‘(F) require the owner or operator of a a covered chemical facility under this sec- formation sharing and protection require- covered chemical facility to review and re- tion; and ments in section 2110 of this title to a facil- submit a security vulnerability assessment ‘‘(B) to approve or disapprove each such as- ity described in subparagraph (B). or site security plan not less frequently than sessment or plan on an individual basis ac- ‘‘(E) ENFORCEMENT.—The Secretary shall once every 5 years; and cording to the deadlines established under establish, by rulemaking, procedures to en- ‘‘(G) not later than 180 days after the date subsection (a). sure that an owner or operator of a covered on which the Secretary receives a security ‘‘(3) COVERED FACILITY’S OBLIGATIONS UNAF- chemical facility required to update the vul- vulnerability assessment or site security FECTED.—Nothing in this subsection shall re- nerability assessment and facility security plan under this title, review and approve or lieve any covered chemical facility of the ob- plan for the facility under subparagraph (B) disapprove such assessment or plan and no- ligation and responsibility to comply with is in compliance with the requirements of tify the covered chemical facility of such ap- all of the requirements of this title. this title. proval or disapproval. ‘‘(4) PERSONNEL SURETY ALTERNATE SECU- ‘‘(F) FORMAL AGREEMENT.—The Secretary ‘‘(2) INHERENTLY GOVERNMENTAL FUNC- RITY PROGRAM.—In response to an applica- shall— TION.—The approval or disapproval of a secu- tion from a non-profit, personnel surety ac- ‘‘(i) require the Office of Infrastructure rity vulnerability assessment or site secu- crediting organization acting on behalf of, Protection and the Coast Guard to enter into rity plan under this section is an inherently and with written authorization from, the a formal agreement detailing their respec- governmental function. owner or operator of a covered chemical fa- tive roles and responsibilities in carrying out ‘‘(b) PARTICIPATION IN PREPARATION OF SE- cility, the Secretary may accept a personnel the requirements of this title, which shall CURITY VULNERABILITY ASSESSMENTS OR SITE surety alternate security program that ensure that the enforcement and compliance SECURITY PLANS.—Any person selected by meets the requirements of section 2115 and requirements under this title and section the owner or operator of a covered chemical provides for a background check process that 70103 of title 46, United States Code, are not facility or by a certified or recognized bar- is— conflicting or duplicative; and gaining agent of a covered chemical facility ‘‘(A) expedited, affordable, reliable, and ac- ‘‘(ii) designate the agency responsible for to participate in the development of the se- curate; enforcing the requirements of this title with curity vulnerability assessment or site secu- ‘‘(B) fully protective of the rights of cov- respect to covered chemical facilities for rity plan required under this section for such ered individuals through procedures that are which facility security plans are required to covered chemical facility shall be permitted consistent with the privacy protections be submitted under section 70103(c) of title to participate if the person possesses knowl- available under the Fair Credit Reporting 46, United States Code, consistent with the edge, experience, training, or education rel- Act (15 U.S.C. 1681 et seq.); and requirements of subparagraphs (B) and (D). evant to the portion of the security vulner- ‘‘(C) is a single background check con- ‘‘(2) COORDINATION OF STORAGE LICENSING OR ability assessment or site security plan on sistent with a risk-based tiered program. PERMITTING REQUIREMENT.—In the case of any which the person is participating. ‘‘(f) OTHER AUTHORITIES.— storage required to be licensed or permitted ‘‘(c) RISK-BASED CHEMICAL SECURITY PER- ‘‘(1) REGULATION OF MARITIME FACILITIES.— under chapter 40 of title 18, United States FORMANCE STANDARDS.—The Secretary shall ‘‘(A) RISK-BASED TIERING.—Notwith- Code, the Secretary shall prescribe the rules establish risk-based chemical security per- standing any other provision of law, the and regulations for the implementation of formance standards for the site security owner or operator of a chemical facility re- this section with the concurrence of the At- plans required to be prepared by covered quired to submit a facility security plan torney General and avoid unnecessary dupli- chemical facilities. In establishing such under section 70103(c) of title 46, United cation of regulatory requirements. standards, the Secretary shall— States Code, shall be required to submit in- ‘‘(g) ROLE OF EMPLOYEES.—

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‘‘(1) DESCRIPTION OF ROLE REQUIRED.—Site ture, or the environment from the effects of with this title, including compliance or non- security plans required under this section a chemical facility terrorist incident. compliance with any regulation or require- shall describe the roles or responsibilities ‘‘(D) ELIGIBLE ENTITIES.—For purposes of ment adopted by the Secretary in further- that covered individuals are expected to per- this paragraph, an eligible entity is a non- ance of the purposes of this title. An em- form to deter or respond to a chemical facil- profit organization with demonstrated expe- ployee representative of each certified or ity terrorist incident. rience in implementing and operating suc- recognized bargaining agent at the covered ‘‘(2) ANNUAL TRAINING FOR EMPLOYEES.— cessful worker or first responder health and chemical facility, if any, or, if none, a non- The owner or operator of a covered chemical safety or security training programs. supervisory employee, shall be given the op- facility required to submit a site security ‘‘(h) STATE, REGIONAL, OR LOCAL GOVERN- portunity to accompany the Secretary dur- plan under this section shall annually pro- MENTAL ENTITIES.—No covered chemical fa- ing a physical inspection of such covered vide each covered individual with a role or cility shall be required under State, local, or chemical facility for the purpose of aiding in responsibility referred to in paragraph (1) at tribal law to provide a vulnerability assess- such inspection, if representatives of the the facility with a minimum of 8 hours of ment or site security plan described under owner or operator of the covered chemical training. Such training shall, as relevant to this title to any State, regional, local, or facility will also be accompanying the Sec- the role or responsibility of such covered in- tribal government entity solely by reason of retary on such inspection. dividual— the requirement under subsection (a) that ‘‘SEC. 2105. RECORDS. ‘‘(A) include an identification and discus- the covered chemical facility submit such an ‘‘(a) REQUEST FOR RECORDS.—In carrying sion of substances of concern; assessment and plan to the Secretary. out this title, the Secretary may require ‘‘(B) include a discussion of possible con- ‘‘SEC. 2104. SITE INSPECTIONS. submission of, or on presentation of creden- sequences of a chemical facility terrorist in- ‘‘(a) RIGHT OF ENTRY.—For purposes of car- tials may at reasonable times obtain access cident; rying out this title, the Secretary shall have, to and copy, any records, including any ‘‘(C) review and exercise the covered chem- at a reasonable time and on presentation of records maintained in electronic format, ical facility’s site security plan, including credentials, a right of entry to, on, or necessary for— any requirements for differing threat levels; through any property of a covered chemical ‘‘(1) reviewing or analyzing a security vul- ‘‘(D) include a review of information pro- facility or any property on which any record nerability assessment or site security plan tection requirements; submitted under section 2103; or ‘‘(E) include a discussion of physical and required to be maintained under this section ‘‘(2) assessing the implementation of such cyber security equipment, systems, and is located. a site security plan. methods used to achieve chemical security ‘‘(b) INSPECTIONS AND VERIFICATIONS.— ‘‘(b) PROPER HANDLING OF RECORDS.—In ac- performance standards; ‘‘(1) IN GENERAL.—The Secretary shall, at cessing or copying any records under sub- ‘‘(F) allow training with other relevant such time and place as the Secretary deter- section (a), the Secretary shall ensure that participants, including Federal, State, local, mines to be reasonable and appropriate, con- such records are handled and secured appro- and tribal authorities, and first responders, duct chemical facility security inspections priately in accordance with section 2110. where appropriate; and verifications. ‘‘(G) use existing national voluntary con- ‘‘(2) REQUIREMENTS.—To ensure and evalu- ‘‘SEC. 2106. TIMELY SHARING OF THREAT INFOR- sensus standards, chosen jointly with em- ate compliance with this title, including any MATION. ployee representatives, if any; regulations or requirements adopted by the ‘‘(a) RESPONSIBILITIES OF SECRETARY.— ‘‘(H) allow instruction through government Secretary in furtherance of the purposes of Upon the receipt of information concerning a training programs, chemical facilities, aca- this title, in conducting an inspection or threat that is relevant to a certain covered demic institutions, nonprofit organizations, verification under paragraph (1), the Sec- chemical facility, the Secretary shall pro- industry and private organizations, em- retary shall have access to the owners, oper- vide such information in a timely manner, to ployee organizations, and other relevant en- ators, employees, and employee representa- the maximum extent practicable under ap- tities that provide such training; tives, if any, of a covered chemical facility. plicable authority and in the interests of na- ‘‘(I) use multiple training media and meth- ‘‘(c) UNANNOUNCED INSPECTIONS.—In additional security, to the owner, operator, or se- ods; and tion to any inspection conducted pursuant to curity officer of that covered chemical facil- ‘‘(J) include a discussion of appropriate subsection (b), the Secretary shall require ity, to a representative of each recognized or emergency response procedures, including covered chemical facilities assigned to tier 1 certified bargaining agent at the facility, if procedures to mitigate the effects of a chem- and tier 2 under section 2102(c)(1) to undergo any, and to relevant State, local, and tribal ical facility terrorist incident. unannounced facility inspections. The in- authorities, including the State Homeland ‘‘(3) EQUIVALENT TRAINING.—During any spections required under this subsection Security Advisor, if any. year, with respect to any covered individual shall be— ‘‘(b) RESPONSIBILITIES OF OWNER OR OPER- with roles or responsibilities under para- ‘‘(1) conducted without prior notice to the ATOR.—The Secretary shall require the graph (1), an owner or operator of a covered facility; owner or operator of a covered chemical fa- chemical facility may satisfy any of the ‘‘(2) designed to evaluate at the chemical cility to provide information concerning a training requirements for such covered indi- facility undergoing inspection— threat in a timely manner about any signifi- vidual under subparagraphs (A), (B), (C), (D), ‘‘(A) the ability of the chemical facility to cant security incident or threat to the cov- (E), or (J) of paragraph (2) through training prevent a chemical facility terrorist incident ered chemical facility or any intentional or that such owner or operator certifies, in a that the site security plan of the facility is unauthorized penetration of the physical se- manner prescribed by the Secretary, is intended to prevent; curity or cyber security of the covered chem- equivalent. ‘‘(B) the ability of the chemical facility to ical facility whether successful or unsuccess- ‘‘(4) WORKER TRAINING GRANT PROGRAM.— protect against security threats that are re- ful. ‘‘(A) AUTHORITY.—The Secretary shall es- quired to be addressed by the site security ‘‘SEC. 2107. ENFORCEMENT. tablish a grant program to award grants to plan of the facility; and ‘‘(a) REVIEW OF SECURITY VULNERABILITY or enter into cooperative agreements with ‘‘(C) any weaknesses in the site security ASSESSMENT AND SITE SECURITY PLAN.— eligible entities to provide for the training plan of the chemical facility; ‘‘(1) DISAPPROVAL.—The Secretary shall and education of covered individuals with ‘‘(3) conducted so as not to affect the ac- disapprove a security vulnerability assess- roles or responsibilities described in para- tual security, physical integrity, safety, or ment or site security plan submitted under graph (1) and first responders and emergency regular operations of the chemical facility or this title if the Secretary determines, in his response providers that would respond to a its employees while the inspection is con- or her discretion, that— chemical facility terrorist incident. ducted; and ‘‘(A) the security vulnerability assessment ‘‘(B) ADMINISTRATION.—The Secretary shall ‘‘(4) conducted— or site security plan does not comply with seek to enter into an agreement with the Di- ‘‘(A) every two years in the case of a cov- the standards, protocols, or procedures under rector of the National Institute for Environ- ered chemical facility assigned to tier 1; and section 2103(a)(1)(A); or mental Health Sciences, or with the head of ‘‘(B) every four years in the case of a cov- ‘‘(B) in the case of a site security plan— another Federal or State agency, to make ered chemical facility assigned to tier 2. ‘‘(i) the plan or the implementation of the and administer grants or cooperative agree- ‘‘(d) CHEMICAL FACILITY INSPECTORS AU- plan is insufficient to address vulnerabilities ments under this paragraph. THORIZED.—During the period of fiscal years identified in a security vulnerability assess- ‘‘(C) USE OF FUNDS.—The recipient of funds 2011 and 2012, subject to the availability of ment, site inspection, or unannounced in- under this paragraph shall use such funds to appropriations for such purpose, the Sec- spection of the covered chemical facility; or provide for the training and education of retary shall increase by not fewer than 100 ‘‘(ii) the plan fails to meet all applicable covered individuals with roles or responsibil- the total number of chemical facility inspec- chemical facility security performance ities described in paragraph (1), first re- tors within the Department to ensure com- standards. sponders, and emergency response providers, pliance with this title. ‘‘(2) NOTIFICATION OF DISAPPROVAL.—If the including— ‘‘(e) CONFIDENTIAL COMMUNICATIONS.—The Secretary disapproves the security vulner- ‘‘(i) the annual mandatory training speci- Secretary shall offer non-supervisory em- ability assessment or site security plan sub- fied in paragraph (2); and ployees the opportunity to confidentially mitted by a covered chemical facility under ‘‘(ii) other appropriate training to protect communicate information relevant to the this title or the implementation of a site se- nearby persons, property, critical infrastruc- employer’s compliance or non-compliance curity plan by such a chemical facility, the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12502 CONGRESSIONAL RECORD — HOUSE November 6, 2009 Secretary shall provide the owner or oper- profit corporation, association, or any con- ‘‘(2) shall not be made available pursuant ator of the covered chemical facility a writ- tractor, subcontractor or agent thereof, may to any State, local, or tribal law requiring ten notification of the disapproval not later discharge any employee or otherwise dis- disclosure of information or records. than 14 days after the date on which the Sec- criminate against any employee with respect ‘‘(b) INFORMATION SHARING.— retary disapproves such assessment or plan, to the employee’s compensation, terms, con- ‘‘(1) IN GENERAL.—The Secretary shall pre- that— ditions, or other privileges of employment scribe such regulations, and may issue such ‘‘(A) includes a clear explanation of defi- because the employee (or any person acting orders, as necessary to prohibit the unau- ciencies in the assessment, plan, or imple- pursuant to a request of the employee)— thorized disclosure of protected information, mentation of the plan; and ‘‘(A) notified the Secretary, the owner or as described in subsection (g). ‘‘(B) requires the owner or operator of the operator of a covered chemical facility, or ‘‘(2) SHARING OF PROTECTED INFORMATION.— covered chemical facility to revise the as- the employee’s employer of an alleged viola- The regulations under paragraph (1) shall sessment or plan to address any deficiencies tion of this title, including notification of provide standards for and facilitate the ap- and, by such date as the Secretary deter- such an alleged violation through commu- propriate sharing of protected information mines is appropriate, to submit to the Sec- nications related to carrying out the em- with and between Federal, State, local, and retary the revised assessment or plan. ployee’s job duties; tribal authorities, emergency response pro- ‘‘(b) REMEDIES.— ‘‘(B) refused to participate in any conduct viders, law enforcement officials, designated ‘‘(1) ORDER FOR COMPLIANCE.—Whenever the that the employee reasonably believes is in supervisory and nonsupervisory covered Secretary determines that the owner or op- noncompliance with a requirement of this chemical facility personnel with security, erator of a covered chemical facility has vio- title, if the employee has identified the al- operational, or fiduciary responsibility for lated or is in violation of any requirement of leged noncompliance to the employer; the facility, and designated facility em- this title or has failed or is failing to address ‘‘(C) testified before or otherwise provided ployee representatives, if any. Such stand- any deficiencies in the assessment, plan, or information relevant for Congress or for any ards shall include procedures for the sharing implementation of the plan by such date as Federal or State proceeding regarding any of all portions of a covered chemical facili- the Secretary determines to be appropriate, provision (or proposed provision) of this ty’s vulnerability assessment and site secu- the Secretary may— title; rity plan relating to the roles and respon- ‘‘(A) after providing notice to the owner or ‘‘(D) commenced, caused to be commenced, sibilities of covered individuals under sec- operator of the covered chemical facility and or is about to commence or cause to be com- tion 2103(g)(1) with a representative of each an opportunity, pursuant to the regulations menced a proceeding under this title; certified or recognized bargaining agent representing such covered individuals, if any, issued under this title, for such owner or op- ‘‘(E) testified or is about to testify in any or, if none, with at least one supervisory and erator to seek review within the Department such proceeding; or at least one non-supervisory employee with of the Secretary’s determination, issue an ‘‘(F) assisted or participated or is about to roles or responsibilities under section order assessing an administrative penalty of assist or participate in any manner in such a 2103(g)(1). not more than $25,000 for each day on which proceeding or in any other manner in such a ‘‘(3) PENALTIES.—Protected information, as a past or current violation occurs or a fail- proceeding or in any other action to carry described in subsection (g), shall not be ure to comply continues, requiring compli- out the purposes of this title. shared except in accordance with the regula- ance immediately or within a specified time ‘‘(2) ENFORCEMENT ACTION.—Any employee tions under paragraph (1). Whoever discloses period, or both; or covered by this section who alleges discrimi- protected information in knowing violation ‘‘(B) in a civil action, obtain appropriate nation by an employer in violation of para- of the regulations and orders issued under equitable relief, a civil penalty of not more graph (1) may bring an action governed by paragraph (1) shall be fined under title 18, than $25,000 for each day on which a past or the rules and procedures, legal burdens of United States Code, imprisoned for not more current violation occurs or a failure to com- proof, and remedies applicable under sub- than one year, or both, and, in the case of a ply continues, or both. sections (d) through (h) of section 20109 of Federal officeholder or employee, shall be re- ‘‘(2) ORDER TO CEASE OPERATIONS.—When- title 49, United States Code. A party may moved from Federal office or employment. ever the Secretary determines that the seek district court review as set forth in sub- ‘‘(c) TREATMENT OF INFORMATION IN ADJU- owner or operator of a covered chemical fa- section (d)(3) of such section not later than DICATIVE PROCEEDINGS.—In any judicial or cility continues to be in noncompliance after 90 days after receiving a written final deter- administrative proceeding, protected infor- an order for compliance is issued under para- mination by the Secretary of Labor. mation described in subsection (g) shall be graph (1), the Secretary may issue an order ‘‘(3) PROHIBITED PERSONNEL PRACTICES AF- treated in a manner consistent with the to the owner or operator to cease operations FECTING THE DEPARTMENT.— treatment of sensitive security information at the facility until compliance is achieved ‘‘(A) IN GENERAL.—Notwithstanding any under section 525 of the Department of to the satisfaction of the Secretary. other provision of law, any individual hold- Homeland Security Appropriations Act, 2007 ‘‘(c) APPLICABILITY OF PENALTIES.—A pening or applying for a position within the De- (Public Law 109–295; 120 Stat. 1381). alty under subsection (b)(1) may be awarded partment shall be covered by— ‘‘(d) OTHER OBLIGATIONS UNAFFECTED.—Ex- for any violation of this title, including a ‘‘(i) paragraphs (1), (8), and (9) of section cept as provided in section 2103(h), nothing violation of the whistleblower protections 2302(b) of title 5, United States Code; in this section affects any obligation of the under section 2108. ‘‘(ii) any provision of law implementing owner or operator of a chemical facility ‘‘SEC. 2108. WHISTLEBLOWER PROTECTIONS. any of such paragraphs by providing any under any other law to submit or make ‘‘(a) ESTABLISHMENT.—The Secretary shall right or remedy available to an employee or available information required by such other establish and provide information to the applicant for employment in the civil serv- law to facility employees, employee organi- public regarding a process by which any per- ice; and zations, or a Federal, State, tribal, or local son may submit a report to the Secretary re- ‘‘(iii) any rule or regulation prescribed government. ‘‘(e) SUBMISSION OF INFORMATION TO CON- garding problems, deficiencies, or under any such paragraph. GRESS.—Nothing in this title shall permit or vulnerabilities at a covered chemical facility ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to affect authorize the withholding of information associated with the risk of a chemical facil- from Congress or any committee or sub- ity terrorist incident. any rights, apart from those referred to in subparagraph (A), to which an individual de- committee thereof. ‘‘(b) CONFIDENTIALITY.—The Secretary ‘‘(f) DISCLOSURE OF INDEPENDENTLY FUR- scribed in that subparagraph might other- shall keep confidential the identity of a per- NISHED INFORMATION.—Nothing in this title wise be entitled to under law. son that submits a report under subsection shall affect any authority or obligation of a (a) and any such report shall be treated as ‘‘SEC. 2109. FEDERAL PREEMPTION. Federal, State, local, or tribal government protected information under section 2110 to ‘‘This title does not preclude or deny any agency to protect or disclose any record or the extent that it does not consist of pub- right of any State or political subdivision information that the Federal, State, local, or licly available information. thereof to adopt or enforce any regulation, tribal government agency obtains from a ‘‘(c) ACKNOWLEDGMENT OF RECEIPT.—If a re- requirement, or standard of performance chemical facility under any other law. port submitted under subsection (a) identi- with respect to a covered chemical facility ‘‘(g) PROTECTED INFORMATION.— fies the person submitting the report, the that is more stringent than a regulation, re- ‘‘(1) IN GENERAL.—For purposes of this Secretary shall respond promptly to such quirement, or standard of performance title, protected information is any of the fol- person to acknowledge receipt of the report. issued under this title, or otherwise impair lowing: ‘‘(d) STEPS TO ADDRESS PROBLEMS.—The any right or jurisdiction of any State or po- ‘‘(A) Security vulnerability assessments Secretary shall review and consider the in- litical subdivision thereof with respect to and site security plans, including any assess- formation provided in any report submitted covered chemical facilities within that State ment required under section 2111. under subsection (a) and shall, as necessary, or political subdivision thereof. ‘‘(B) Portions of the following documents, take appropriate steps under this title to ad- ‘‘SEC. 2110. PROTECTION OF INFORMATION. records, orders, notices, or letters that the dress any problem, deficiency, or vulner- ‘‘(a) PROHIBITION OF PUBLIC DISCLOSURE OF Secretary determines would be detrimental ability identified in the report. PROTECTED INFORMATION.—Protected infor- to chemical facility security if disclosed and ‘‘(e) RETALIATION PROHIBITED.— mation, as described in subsection (g)— that are developed by the Secretary or the ‘‘(1) PROHIBITION.—No owner or operator of ‘‘(1) shall be exempt from disclosure under owner or operator of a covered chemical fa- a covered chemical facility, profit or not-for- section 552 of title 5, United States Code; and cility for the purposes of this title:

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12503 ‘‘(i) Documents directly related to the Sec- release of a substance of concern at the cov- sulting with the owner or operator of the retary’s review and approval or disapproval ered chemical facility, shall implement covered chemical facility who submitted of vulnerability assessments and site secu- methods to reduce the consequences of a ter- such explanation, as well as experts in the rity plans under this title. rorist attack on the chemical facility if the subjects of environmental health and safety, ‘‘(ii) Documents directly related to inspec- Director of the Office of Chemical Facility security, chemistry, design and engineering, tions and audits under this title. Security determines, in his or her discretion, process controls and implementation, main- ‘‘(iii) Orders, notices, or letters regarding using the assessment conducted pursuant to tenance, production and operations, chem- the compliance of a covered chemical facil- subsection (a), that the implementation of ical process safety, and occupational health, ity with the requirements of this title. such methods at the facility— as appropriate, shall provide to the owner or ‘‘(iv) Information, documents, or records ‘‘(i) would significantly reduce the risk of operator a written determination, in his or required to be provided to or created by the death, injury, or serious adverse effects to her discretion, of whether implementation Secretary under subsection (b) or (c) of sec- human health resulting from a chemical fa- shall be required pursuant to paragraph (1). tion 2102. cility terrorist incident but— If the Secretary determines that implemen- ‘‘(v) Documents directly related to secu- ‘‘(I) would not increase the interim storage tation is required, the Secretary shall issue rity drills and training exercises, security of a substance of concern outside the facil- an order that establishes the basis for such threats and breaches of security, and main- ity; determination, including the findings of the tenance, calibration, and testing of security ‘‘(II) would not directly result in the cre- relevant experts, the specific methods se- equipment. ation of a new covered chemical facility as- lected for implementation, and a schedule ‘‘(C) Other information, documents, or signed to tier 1 or tier 2 because of the poten- for implementation of the methods at the fa- records developed exclusively for the pur- tial extent and likelihood of death, injury, cility. poses of this title that the Secretary has de- and serious adverse effects to human health, termined by regulation would, if disclosed, the environment, critical infrastructure, ‘‘(c) SECTORAL IMPACTS.— be detrimental to chemical facility security. public health, homeland security, national ‘‘(1) GUIDANCE FOR FARM SUPPLIES MER- ‘‘(2) EXCLUSIONS.—For purposes of this sec- security, and the national economy from a CHANT WHOLESALERS.—The Secretary shall tion, protected information does not in- release of a substance of concern at the cov- provide guidance and, as appropriate, tools, clude— ered chemical facility; methodologies or computer software, to as- ‘‘(A) information that is otherwise publicly ‘‘(III) would not result in the reassignment sist farm supplies merchant wholesalers in available, including information that is re- of an existing covered chemical facility from complying with the requirements of this sec- quired to be made publicly available under tier 3 or tier 4 to tier 1 or tier 2 because of tion. The Secretary may award grants to any law; the potential extent and likelihood of death, farm supplies merchant wholesalers to assist ‘‘(B) information that a chemical facility injury, and serious adverse effects to human with compliance with subsection (a), and in has lawfully disclosed other than in accord- health, the environment, critical infrastruc- awarding such grants, shall give priority to ance with this title; or ture, public health, homeland security, na- farm supplies merchant wholesalers that ‘‘(C) information that, if disclosed, would tional security, and the national economy have the greatest need for such grants. not be detrimental to the security of a chem- from a release of a substance of concern at ‘‘(2) ASSESSMENT OF IMPACTS OF COMPLI- ical facility, including aggregate regulatory the covered chemical facility; and ANCE.—Not later than 6 months after the data that the Secretary has determined by ‘‘(IV) would not significantly increase the date of the enactment of this title, the Sec- regulation to be appropriate to describe fa- potential extent and likelihood of death, in- retary shall transmit an assessment of the cility compliance with the requirements of jury, and serious adverse effects to human potential impacts of compliance with provi- this title and the Secretary’s implementa- health, the environment, critical infrastruc- sions of this section regarding the assess- tion of such requirements. ture, public health, homeland security, na- ment and, as appropriate, implementation, ‘‘SEC. 2111. METHODS TO REDUCE THE CON- tional security, and the national economy of methods to reduce the consequences of a SEQUENCES OF A TERRORIST AT- from a release of a substance of concern due terrorist attack by manufacturers, retailers, TACK. to a terrorist attack on the transportation aerial commercial applicators, and distribu- ‘‘(a) ASSESSMENT REQUIRED.— infrastructure of the United States; tors of pesticide and fertilizer to the Com- ‘‘(1) ASSESSMENT.—The owner or operator ‘‘(ii) can feasibly be incorporated into the mittee on Energy and Commerce of the of a covered chemical facility shall include operation of the covered chemical facility; House of Representatives, the Committee on in the site security plan conducted pursuant and Homeland Security of the House of Rep- to section 2103, an assessment of methods to ‘‘(iii) would not significantly and demon- reduce the consequences of a terrorist attack strably impair the ability of the owner or op- resentatives and the Committee on Home- on that chemical facility, including— erator of the covered chemical facility to land Security and Governmental Affairs of ‘‘(A) a description of the methods to reduce continue the business of the facility at its lo- the Senate. Such assessment shall be con- the consequences of a terrorist attack imple- cation. ducted by the Secretary in consultation with mented and considered for implementation ‘‘(B) WRITTEN DETERMINATION.—A deter- other appropriate Federal agencies and shall by the covered chemical facility; mination by the Director of the Office of include the following: ‘‘(B) the degree to which each method to Chemical Facility Security pursuant to sub- ‘‘(A) Data on the scope of facilities covered reduce the consequences of a terrorist at- paragraph (A) shall be made in writing and by this title, including the number and type tack, if already implemented, has reduced, include the basis and reasons for such deter- of manufacturers, retailers, aerial commer- or, if implemented, could reduce, the poten- mination, including the Director’s analysis cial applicators and distributors of pesticide tial extent of death, injury, or serious ad- of the covered chemical facility’s assessment and fertilizer required to assess methods to verse effects to human health resulting from of the technical feasibility, costs, avoided reduce the consequences of a terrorist attack a release of a substance of concern; costs (including liabilities), personnel impli- under subsection (a) and the number and ‘‘(C) the technical feasibility, costs, avoid- cations, savings, and applicability of imple- type of manufacturers, retailers, aerial comed costs (including liabilities), personnel im- menting each method to reduce the con- mercial applicators and distributors of pes- plications, savings, and applicability of im- sequences of a terrorist attack. ticide and fertilizer assigned to tier 1 or tier plementing each method to reduce the con- ‘‘(C) MARITIME FACILITIES.—With respect to 2 by the Secretary because of the poten- sequences of a terrorist attack; and a covered chemical facility for which a secu- tial extent and likelihood of death, injury, ‘‘(D) any other information that the owner rity plan is required under section 70103(c) of and serious adverse effects to human health, or operator of the covered chemical facility title 46, United States Code, a written deter- the environment, critical infrastructure, considered in conducting the assessment. mination pursuant to subparagraph (A) shall public health, homeland security, national ‘‘(2) FEASIBLE.—For the purposes of this be made only after consultation with the security, and the national economy from the section, the term ‘feasible’ means feasible Captain of the Port for the area in which the release of a substance of concern at the facil- with the use of best technology, techniques, covered chemical facility is located. ity. and other means that the Secretary finds, ‘‘(2) REVIEW OF INABILITY TO COMPLY.— ‘‘(B) A survey of known methods, processes after examination for efficacy under field ‘‘(A) IN GENERAL.—An owner or operator of or practices, other than elimination of or conditions and not solely under laboratory a covered chemical facility who is unable to cessation of manufacture of the pesticide or conditions, are available for use at the cov- comply with the Director’s determination fertilizer, that manufacturers, retailers, aer- ered chemical facility. under paragraph (1) shall, within 120 days of ial commercial applicators, and distributors ‘‘(b) IMPLEMENTATION.— receipt of the Director’s determination, proof pesticide and fertilizer could use to reduce ‘‘(1) IMPLEMENTATION.— vide to the Secretary a written explanation the consequences of a terrorist attack, in- ‘‘(A) IN GENERAL.—The owner or operator that includes the reasons therefor. Such cluding an assessment of the costs and tech- of a covered chemical facility that is as- written explanation shall specify whether nical feasibility of each such method, proc- signed to tier 1 or tier 2 because of the poten- the owner or operator’s inability to comply ess, or practice. tial extent and likelihood of death, injury, arises under clause (ii) or (iii) of paragraph ‘‘(C) An analysis of how the assessment of and serious adverse effects to human health, (1)(A), or both. methods to reduce the consequences of a the environment, critical infrastructure, ‘‘(B) REVIEW.—Not later than 120 days of terrorist attack under subsection (a) by public health, homeland security, national receipt of an explanation submitted under manufacturers, retailers, aerial commercial security, and the national economy from a subparagraph (A), the Secretary, after con- applicators, and distributors of pesticide and

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12504 CONGRESSIONAL RECORD — HOUSE November 6, 2009 fertilizer, and, as appropriate, the imple- ‘‘(D) the costs and cost savings resulting site to any person where required or per- mentation of methods to reduce the con- from the use of such methods; mitted under any other law or regulation. sequences of a terrorist attack by such ‘‘(E) emerging technologies that could be ‘‘SEC. 2114. OFFICE OF CHEMICAL FACILITY SE- manufacturers, retailers, aerial commercial transferred from research models or proto- CURITY. applicators, and distributors of pesticide and types to practical applications; ‘‘(a) IN GENERAL.—There is established in fertilizer subject to subsection (b), are ‘‘(F) the availability of technical assist- the Department an Office of Chemical Facil- likely to impact other sectors engaged in ance and best practices; and ity Security, headed by a Director, who shall commerce. ‘‘(G) such other matters that the Secretary be a member of the Senior Executive Service ‘‘(D) Recommendations for how to mitigate determines are appropriate. in accordance with subchapter VI of chapter any adverse impacts identified pursuant to ‘‘(3) PUBLIC AVAILABILITY.—Information 53 of title 5, United States Code, under sec- subparagraph (C). made available under this subsection shall tion 5382 of that title, and who shall be re- ‘‘(3) FARM SUPPLIES MERCHANT WHOLE- not identify any specific chemical facility, sponsible for carrying out the responsibil- SALER.—In this subsection, the term ‘farm violate the protection of information provi- ities of the Secretary under this title. supplies merchant wholesaler’ means a cov- sions under section 2110, or disclose any pro- ‘‘(b) PROFESSIONAL QUALIFICATIONS.—The individual selected by the Secretary as the ered chemical facility that is primarily en- prietary information. gaged in the merchant wholesale distribu- ‘‘(f) FUNDING FOR METHODS TO REDUCE THE Director of the Office of Chemical Facility tion of farm supplies, such as animal feeds, CONSEQUENCES OF A TERRORIST ATTACK.—The Security shall have professional qualifica- fertilizers, agricultural chemicals, pes- Secretary may make funds available to help tions and experience necessary for effec- ticides, plant seeds, and plant bulbs. defray the cost of implementing methods to tively directing the Office of Chemical Facil- ‘‘(d) ASSESSMENT OF IMPACTS ON SMALL reduce the consequences of a terrorist attack ity Security and carrying out the require- COVERED CHEMICAL FACILITIES.— to covered chemical facilities that are re- ments of this title, including a demonstrated ‘‘(1) IN GENERAL.—Not later than 6 months quired by the Secretary to implement such knowledge of physical infrastructure protec- after the date of the enactment of this title, methods. tion, cybersecurity, chemical facility security, hazard analysis, chemical process engi- the Secretary shall transmit to the Com- ‘‘SEC. 2112. APPLICABILITY. neering, chemical process safety reviews, or mittee on Energy and Commerce of the ‘‘This title shall not apply to— other such qualifications that the Secretary House of Representatives, the Committee on ‘‘(1) any chemical facility that is owned determines to be necessary. Homeland Security of the House of Rep- and operated by the Secretary of Defense; resentatives, and the Committee on Home- ‘‘(c) SELECTION PROCESS.—The Secretary ‘‘(2) the transportation in commerce, in- shall make a reasonable effort to select an land Security and Governmental Affairs of cluding incidental storage, of any substance the Senate an assessment of the potential ef- individual to serve as the Director from of concern regulated as a hazardous material among a group of candidates that is diverse fects on small covered chemical facilities of under chapter 51 of title 49, United States with respect to race, ethnicity, age, gender, compliance with provisions of this section Code; and disability characteristics and submit to regarding the assessment and, as appro- ‘‘(3) all or a specified portion of any chem- the Committee on Homeland Security and priate, implementation, of methods to re- ical facility that— the Committee on Energy and Commerce of duce the consequences of a terrorist attack. ‘‘(A) is subject to regulation by the Nu- the House of Representatives and the Com- Such assessment shall include— clear Regulatory Commission (hereinafter in mittee on Homeland Security and Govern- ‘‘(A) data on the scope of facilities covered this paragraph referred to as the ‘Commis- mental Affairs of the Senate information on by this title, including the number and type sion’) or a State that has entered into an the selection process, including details on ef- of small covered chemical facilities that are agreement with the Commission under sec- forts to assure diversity among the can- required to assess methods to reduce the tion 274 b. of the Atomic Energy Act of 1954 didates considered for this position. consequences of a terrorist attack under sub- (42 U.S.C. 2021 b.); ‘‘SEC. 2115. SECURITY BACKGROUND CHECKS OF section (a) and the number and type of small ‘‘(B) has had security controls imposed by COVERED INDIVIDUALS AT CERTAIN covered chemical facilities assigned to tier 1 the Commission or State, whichever has the CHEMICAL FACILITIES. or tier 2 under section 2102(c)(1) by the Sec- regulatory authority, on the entire facility ‘‘(a) REGULATIONS ISSUED BY THE SEC- retary because of the potential extent and or the specified portion of the facility; and RETARY.— likelihood of death, injury, and serious ad- ‘‘(C) has been designated by the Commis- ‘‘(1) IN GENERAL.— verse effects to human health, the environ- sion, after consultation with the State, if ‘‘(A) REQUIREMENT.—The Secretary shall ment, critical infrastructure, public health, any, that regulates the facility, and the Sec- issue regulations to require covered chem- homeland security, national security, and retary, as excluded from the application of ical facilities to establish personnel surety the national economy from the release of a this title; for individuals described in subparagraph (B) substance of concern at the facility; and ‘‘(4) any public water system subject to the by conducting appropriate security back- ‘‘(B) a discussion of how the Secretary Safe Drinking Water Act (42 U.S.C. 300f et ground checks and ensuring appropriate cre- plans to apply the requirement that before seq.); or dentials for unescorted visitors and chemical requiring a small covered chemical facility ‘‘(5) any treatment works, as defined in facility personnel, including permanent and that is required to implement methods to re- section 212 of the Federal Water Pollution part-time personnel, temporary personnel, duce the consequences of a terrorist attack Control Act (33 U.S.C. 1292). and contract personnel, including— under subsection (b) the Secretary shall first ‘‘(i) measures designed to verify and vali- ‘‘SEC. 2113. SAVINGS CLAUSE. determine that the implementation of such date identity; ‘‘(a) IN GENERAL.—Nothing in this title methods at the small covered chemical facil- shall affect or modify in any way any obliga- ‘‘(ii) measures designed to check criminal ity not significantly and demonstrably im- tion or liability of any person under any history; pair the ability of the owner or operator of other Federal law, including section 112 of ‘‘(iii) measures designed to verify and vali- the covered chemical facility to continue the the Clean Air Act (42 U.S.C. 7412), the Fed- date legal authorization to work; and business of the facility at its location. eral Water Pollution Control Act (33 U.S.C. ‘‘(iv) measures designed to identify people ‘‘(2) DEFINITION.—For purposes of this sub- 1251 et seq.), the Resource Conservation and with terrorist ties. section, the term ‘small covered chemical fa- Recovery Act of 1976 (42 U.S.C. 6901 et seq.), ‘‘(B) INDIVIDUALS DESCRIBED.—For purposes cility’ means a covered chemical facility the National Environmental Policy Act of of subparagraph (A), an individual described that has fewer than 350 employees employed 1969 (42 U.S.C. 4321 et seq.), the Occupational in this subparagraph is— at the covered chemical facility, and is not a Safety and Health Act (29 U.S.C. 651 et seq.), ‘‘(i) a covered individual who has branch or subsidiary of another entity. the National Labor Relations Act (29 U.S.C. unescorted access to restricted areas or crit- ‘‘(e) PROVISION OF INFORMATION ON ALTER- 151 et seq.), the Emergency Planning and ical assets or who is provided with a copy of NATIVE APPROACHES.— Community Right to Know Act of 1996 (42 a security vulnerability assessment or site ‘‘(1) IN GENERAL.—The Secretary shall U.S.C. 11001 et seq.), the Safe Drinking Water security plan; make available information on the use and Act (42 U.S.C. 300f et seq.), the Maritime ‘‘(ii) a person associated with a covered availability of methods to reduce the con- Transportation Security Act of 2002 (Public chemical facility, including any designated sequences of a chemical facility terrorist in- Law 107–295), the Comprehensive Environ- employee representative, who is provided cident. mental Response, Compensation, and Liabil- with a copy of a security vulnerability as- ‘‘(2) INFORMATION TO BE INCLUDED.—The in- ity Act of 1980 (42 U.S.C. 9601 et seq.), the sessment or site security plan; or formation under paragraph (1) may include Toxic Substances Control Act (15 U.S.C. 2601 ‘‘(iii) a person who is determined by the information about— et seq.), and the Fair Credit Reporting Act Secretary to require a security background ‘‘(A) general and specific types of such (15 U.S.C. 1681 et seq.). check based on chemical facility security methods; ‘‘(b) OTHER REQUIREMENTS.—Nothing in performance standards. ‘‘(B) combinations of chemical sources, this title shall preclude or deny the right of ‘‘(2) REGULATIONS.—The regulations re- substances of concern, and hazardous proc- any State or political subdivision thereof to quired by paragraph (1) shall set forth— esses or conditions for which such methods adopt or enforce any regulation, require- ‘‘(A) the scope of the security background could be appropriate; ment, or standard of performance relating to checks, including the types of disqualifying ‘‘(C) the availability of specific methods to environmental protection, health, or safety. offenses and the time period covered for each reduce the consequences of a terrorist at- ‘‘(c) ACCESS.—Nothing in this title shall person subject to a security background tack; abridge or deny access to a chemical facility check under paragraph (1);

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12505 ‘‘(B) the processes to conduct the security ment decision, including removal or suspen- collecting the information or conducting or background checks; sion of the employee, due to a violation of evaluating security background checks. ‘‘(C) the necessary biographical informa- subsection (a)(2)(E), which shall not preclude ‘‘(3) Such information shall be maintained tion and other data required in order to con- the exercise of any other rights available confidentially by the facility and the Sec- duct the security background checks; under collective bargaining agreements or retary and may be used only for making de- ‘‘(D) a redress process for an adversely-af- applicable laws; terminations under this section. fected person consistent with subsections (b) ‘‘(4) establish a reconsideration process de- ‘‘(4) The Secretary may share such infor- and (c); and scribed in subsection (d) for a person subject mation with other Federal, State, local, and ‘‘(E) a prohibition on an owner or operator to an adverse employment decision that was tribal law enforcement agencies. of a covered chemical facility misrepre- attributed by an owner or operator to the ‘‘(f) SAVINGS CLAUSE.— senting to an employee or other relevant regulations required by subsection (a)(1); ‘‘(1) RIGHTS AND RESPONSIBILITIES.—Noth- person, including an arbiter involved in a ‘‘(5) have the authority to order an appro- ing in this section shall be construed to labor arbitration, the scope, application, or priate remedy, including reinstatement of abridge any right or responsibility of a per- meaning of any rules, regulations, directives, the person subject to a security background son subject to a security background check or guidance issued by the Secretary related check under subsection (a)(1), if the Sec- under subsection (a)(1) or an owner or oper- to security background check requirements retary determines that the adverse employ- ator of a covered chemical facility under any for covered individuals when conducting a ment decision was made in violation of the other Federal, State, local, or tribal law or security background check. regulations required under subsection (a)(1) collective bargaining agreement. ‘‘(b) MISREPRESENTATION OF ADVERSE EM- or as a result of an erroneous determination ‘‘(2) EXISTING RIGHTS.—Nothing in this sec- PLOYMENT DECISIONS.—The regulations re- by the Secretary under subsection (b)(4); tion shall be construed as creating any new quired by subsection (a)(1) shall set forth ‘‘(6) ensure that the redress processes re- right or modifying any existing right of an that it shall be a misrepresentation under quired under paragraphs (1), (2), or (3) afford individual to appeal a determination by the subsection (a)(2)(E) to attribute an adverse to the person a full disclosure of any public- Secretary as a result of a check against a employment decision, including removal or record event covered by subsection (b) that terrorist watch list. suspension of the employee, to such regula- provides the basis for an adverse employ- ‘‘(g) PREEMPTION.—Nothing in this section tions unless the owner or operator finds, ment decision; and shall be construed to preempt, alter, or af- after opportunity for appropriate redress ‘‘(7) ensure that the person subject to a se- fect a Federal, State, local, or tribal law under the processes provided under sub- that requires criminal history background section (c)(1) and (c)(2), that the person sub- curity background check under subsection (a)(1) receives the person’s full wages and checks, checks on the authorization of an in- ject to such adverse employment decision— dividual to work in the United States, or ‘‘(1) has been convicted of, has been found benefits until all redress processes under this subsection are exhausted. other background checks of persons subject not guilty of by reason of insanity, or is to security background checks under sub- ‘‘(d) RECONSIDERATION PROCESS.— under want, warrant, or indictment for, a section (a)(1). ‘‘(1) IN GENERAL.—The reconsideration permanent disqualifying criminal offense ‘‘(h) DEFINITION OF SECURITY BACKGROUND process required under subsection (c)(4) listed in part 1572 of title 49, Code of Federal CHECK.—The term ‘security background shall— Regulations; check’ means a review at no cost to any per- ‘‘(2) was convicted of, or found not guilty ‘‘(A) require the Secretary to determine, son subject to a security background check of by reason of insanity, an interim disquali- within 30 days after receiving a petition sub- under subsection (a)(1) of the following for fying criminal offense listed in part 1572 of mitted by a person subject to an adverse em- the purpose of identifying individuals who title 49, Code of Federal Regulations, within ployment decision that was attributed by an may pose a threat to chemical facility secu- 7 years of the date on which the covered owner or operator to the regulations re- rity, to national security, or of terrorism: chemical facility performs the security quired by subsection (a)(1), whether such per- ‘‘(1) Relevant databases to verify and vali- background check; son poses a security risk to the covered date identity. ‘‘(3) was incarcerated for an interim dis- chemical facility; and ‘‘(2) Relevant criminal history databases. qualifying criminal offense listed in part 1572 ‘‘(B) include procedures consistent with ‘‘(3) In the case of an alien (as defined in of title 49, Code of Federal Regulations, and section 70105(c) of title 46, United States section 101 of the Immigration and Nation- released from incarceration within 5 years of Code, including all rights to hearings before ality Act (8 U.S.C. 1101(a)(3))), the relevant the date that the chemical facility performs an administrative law judge, scope of review, databases to determine the status of the the security background check; and a review of an unclassified summary of alien under the immigration laws of the ‘‘(4) is determined by the Secretary to be classified evidence equivalent to the sum- United States. on the consolidated terrorist watchlist; or mary provided in part 1515 of title 49, Code of ‘‘(4) The consolidated terrorist watchlist. ‘‘(5) is determined, as a result of the secu- Federal Regulations. ‘‘(5) Other relevant information or data- rity background check, not to be legally au- ‘‘(2) DETERMINATION BY THE SECRETARY.—In bases, as determined by the Secretary. thorized to work in the United States. making a determination described under ‘‘(i) DEPARTMENT-CONDUCTED SECURITY ‘‘(c) REDRESS PROCESSES.—Upon the paragraph (1)(A), the Secretary shall— BACKGROUND CHECK.—The regulations under issuance of regulations under subsection (a), ‘‘(A) give consideration to the cir- subsection (a)(1) shall set forth a process by the Secretary shall— cumstance of any disqualifying act or of- which the Secretary, on an ongoing basis, ‘‘(1) require the owner or operator to pro- fense, restitution made by the person, Fed- shall determine whether alternate security vide an adequate and prompt redress process eral and State mitigation remedies, and background checks conducted by the Depart- for a person subject to a security background other factors from which it may be con- ment are sufficient to meet the requirements check under subsection (a)(1) who is sub- cluded that the person does not pose a secu- of this section such that no additional secu- jected to an adverse employment decision, rity risk to the covered chemical facility; rity background check under this section is including removal or suspension of the em- and required for an individual for whom such a ployee, due to such regulations that is con- ‘‘(B) provide his or her determination as to qualifying alternate security background sistent with the appeals process established whether such person poses a security risk to check was conducted. The Secretary may re- for employees subject to consumer reports the covered chemical facility to the peti- quire the owner or operator of a covered under the Fair Credit Reporting Act (15 tioner and to the owner or operator of the chemical facility to which the individual U.S.C. 1681 et seq.), as in force on the date of covered chemical facility. will have unescorted access to sensitive or the enactment of this title; ‘‘(3) OWNER OR OPERATOR RECONSIDER- restricted areas to submit identifying infor- ‘‘(2) provide an adequate and prompt re- ATION.—If the Secretary determines pursuant mation about the individual and the alter- dress process for a person subject to a secu- to paragraph (1)(A) that the person does not nate security background check conducted rity background check under subsection pose a security risk to the covered chemical for that individual to the Secretary in order (a)(1) who is subjected to an adverse employ- facility, it shall thereafter constitute a pro- to enable the Secretary to verify the validity ment decision, including removal or suspen- hibited misrepresentation for the owner or of the alternate security background check. sion of the employee, due to a determination operator of the covered chemical facility to Such regulations shall provide that no secu- by the Secretary under subsection (b)(4), continue to attribute the adverse employ- rity background check under this section is that is consistent with the appeals process ment decision to the regulations under sub- required for an individual holding a trans- established under section 70105(c) of title 46, section (a)(1). portation security card issued under section United States Code, including all rights to ‘‘(e) RESTRICTIONS ON USE AND MAINTE- 70105 of title 46, United States Code. hearings before an administrative law judge, NANCE OF INFORMATION.—Information ob- ‘‘(j) TERMINATION OF EMPLOYMENT.—If, as scope of review, and a review of an unclassi- tained under this section by the Secretary or the result of a security background check, fied summary of classified evidence equiva- the owner or operator of a covered chemical an owner or operator of a covered chemical lent to the summary provided in part 1515 of facility shall be handled as follows: facility finds that a covered individual is not title 49, Code of Federal Regulations; ‘‘(1) Such information may not be made legally authorized to work in the United ‘‘(3) provide an adequate and prompt re- available to the public. States, the owner or operator shall cease to dress process for a person subject to a secu- ‘‘(2) Such information may not be accessed employ the covered individual, subject to the rity background check under subsection by employees of the facility except for such appropriate redress processes available to (a)(1) who is subjected to an adverse employ- employees who are directly involved with such individual under this section.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12506 CONGRESSIONAL RECORD — HOUSE November 6, 2009 ‘‘SEC. 2116. CITIZEN ENFORCEMENT. ‘‘(1) identifying any person (including the partment shall submit to the Committee on ‘‘(a) IN GENERAL.—Except as provided in United States and any other governmental Homeland Security and the Committee on subsection (c), any person may commence a instrumentality or agency, to the extent per- Energy and Commerce of the House of Rep- civil action on such person’s own behalf— mitted by the eleventh amendment to the resentatives and the Committee on Home- ‘‘(1) against any governmental entity (in- Constitution) alleged to be in violation of land Security and Governmental Affairs of cluding the United States and any other gov- any standard, regulation, condition, require- the Senate an annual report on the reports ernmental instrumentality or agency, to the ment, prohibition, plan, or order that has be- received under the notification system es- extent permitted by the eleventh amend- come effective under this title; and tablished under subsection (a) and the Sec- ment to the Constitution, and any federally ‘‘(2) describing the alleged violation of any retary’s disposition of such reports. owned-contractor operated facility) alleged standard, regulation, condition, require- ‘‘SEC. 2119. ANNUAL REPORT TO CONGRESS. to be in violation of any order that has be- ment, prohibition, plan, or order that has be- ‘‘(a) ANNUAL REPORT.—Not later than one come effective pursuant to this title; or come effective under this title by that per- year after the date of the enactment of this ‘‘(2) against the Secretary, for an alleged son. title, annually thereafter for the next four failure to perform any act or duty under this ‘‘(c) REQUIREMENTS.—Upon issuance of reg- years, and biennially thereafter, the Sec- title that is not discretionary for the Sec- ulations under subsection (a), the Secretary retary shall submit to the Committee on retary. shall— Homeland Security and the Committee on ‘‘(b) COURT OF JURISDICTION.— ‘‘(1) accept all petitions described under Energy and Commerce of the House of Rep- ‘‘(1) IN GENERAL.—Any action under sub- subsection (b) that meet the requirements of resentatives and the Committee on Home- section (a)(1) shall be brought in the district the regulations promulgated under sub- land Security and Governmental Affairs of court for the district in which the alleged section (a); the Senate a report on progress in achieving violation occurred. Any action brought ‘‘(2) investigate all allegations contained compliance with this title. Each such report under subsection (a)(2) may be brought in in accepted petitions; shall include the following: the district court for the district in which ‘‘(3) determine whether enforcement action ‘‘(1) A qualitative discussion of how cov- the alleged violation occurred or in the will be taken concerning the alleged viola- ered chemical facilities, differentiated by United States District Court for the District tion or violations; tier, have reduced the risks of chemical fa- of Columbia. ‘‘(4) respond to all accepted petitions cility terrorist incidents at such facilities, ‘‘(2) RELIEF.—The district court shall have promptly and in writing; including— jurisdiction, without regard to the amount ‘‘(5) include in all responses to petitions a ‘‘(A) a generalized summary of measures in controversy or the citizenship of the par- brief and concise statement, to the extent implemented by covered chemical facilities ties to enforce the order referred to in sub- permitted under section 2110, of the allega- in order to meet each risk-based chemical fa- section (a)(1), to order such governmental tions, the steps taken to investigate, the de- cility performance standard established by entity to take such action as may be nec- termination made, and the reasons for such this title, and those that the facilities al- essary, or both, or, in an action commenced determination; ready had in place— under subsection (a)(2), to order the Sec- ‘‘(6) maintain an internal record including ‘‘(i) in the case of the first report under retary to perform the non-discretionary act all protected information related to the de- this section, before the issuance of the final or duty, and to order any civil penalties, as termination; and rule implementing the regulations known as appropriate, under section 2107. ‘‘(7) with respect to any petition for which the ‘Chemical Facility Anti-Terrorism ‘‘(c) ACTIONS PROHIBITED.—No action may the Secretary has not made a timely re- Standards’, issued on April 9, 2007; and be commenced under subsection (a) prior to sponse or the Secretary’s response is unsatis- ‘‘(ii) in the case of each subsequent report, 60 days after the date on which the person factory to the petitioner, provide the peti- since the submittal of the most recent report commencing the action has given notice of tioner with the opportunity to request— submitted under this section; and the alleged violation to— ‘‘(A) a review of the full record by the In- ‘‘(B) any other generalized summary the ‘‘(1) the Secretary; and spector General of the Department, includ- Secretary deems appropriate to describe the ‘‘(2) in the case of an action under sub- ing a review of protected information; and measures covered chemical facilities are im- section (a)(1), any governmental entity al- ‘‘(B) the formulation of recommendations plementing to comply with the requirements leged to be in violation of an order. by the Inspector General and submittal of of this title. ‘‘(d) NOTICE.—Notice under this section such recommendations to the Secretary and, ‘‘(2) A quantitative summary of how the shall be given in such manner as the Sec- to the extent permitted under section 2110, covered chemical facilities, differentiated by retary shall prescribe by regulation. to the petitioner; and tier, are complying with the requirements of ‘‘(e) INTERVENTION.—In any action under ‘‘(8) respond to a recommendation sub- this title during the period covered by the this section, the Secretary, if not a party, mitted by the Inspector General under para- report and how the Secretary is imple- may intervene as a matter of right. graph (7) by adopting or rejecting the rec- menting and enforcing such requirements ‘‘(f) COSTS; BOND.—The court, in issuing during such period, including— any final order in any action brought pursu- ommendation. ‘‘SEC. 2118. NOTIFICATION SYSTEM TO ADDRESS ‘‘(A) the number of chemical facilities that ant to this section, may award costs of liti- provided the Secretary with information gation (including reasonable attorney and PUBLIC CONCERNS. about possessing substances of concern, as expert witness fees) to the prevailing or sub- ‘‘(a) ESTABLISHMENT.—The Secretary shall described in section 2102(b)(2); stantially prevailing party, whenever the establish a notification system, which shall ‘‘(B) the number of covered chemical facili- court determines such an award is appro- provide any individual the ability to report a ties assigned to each tier; priate. The court may, if a temporary re- suspected security deficiency or suspected straining order or preliminary injunction is non-compliance with this title. Such notifi- ‘‘(C) the number of security vulnerability sought, require the filing of a bond or equiv- cation system shall provide for the ability to assessments and site security plans sub- alent security in accordance with the Fed- report the suspected security deficiency or mitted by covered chemical facilities; eral Rules of Civil Procedure. non-compliance via telephonic and Internet- ‘‘(D) the number of security vulnerability ‘‘(g) OTHER RIGHTS PRESERVED.—Nothing based means. assessments and site security plans approved in this section shall restrict any right which ‘‘(b) ACKNOWLEDGMENT.—When the Sec- and disapproved by the Secretary; any person (or class of persons) may have retary receives a report through the notifica- ‘‘(E) the number of covered chemical facili- under any statute or common law. tion system established under subsection (a), ties without approved security vulnerability the Secretary shall respond to such report in ‘‘SEC. 2117. CITIZEN PETITIONS. assessments or site security plans; a timely manner, but in no case shall the ‘‘(a) REGULATIONS.—The Secretary shall ‘‘(F) the number of chemical facilities that Secretary respond to such a report later issue regulations to establish a citizen peti- have been assigned to a different tier or are than 30 days after receipt of the report. tion process for petitions described in sub- no longer regulated by the Secretary due to ‘‘(c) STEPS TO ADDRESS PROBLEMS.—The implementation of a method to reduce the section (b). Such regulations shall include— Secretary shall review each report received consequences of a terrorist attack and a de- ‘‘(1) the format for such petitions; through the notification system established scription of such implemented methods; ‘‘(2) the procedure for investigation of peti- under subsection (a) and shall, as necessary, ‘‘(G) the number of orders for compliance tions; take appropriate enforcement action under issued by the Secretary; ‘‘(3) the procedure for response to such pe- section 2107. titions, including timelines; and ‘‘(d) FEEDBACK REQUIRED.—Upon request, ‘‘(H) the administrative penalties assessed ‘‘(4) the procedure for referral to and re- the Secretary shall provide the individual by the Secretary for non-compliance with view by the Office of the Inspector General of who reported the suspected security defi- the requirements of this title; the Department without deference to the ciency or non-compliance through the notifi- ‘‘(I) the civil penalties assessed by the Secretary’s determination with respect to cation system established under subsection court for non-compliance with the require- the petition; and (a) a written response that includes the Sec- ments of this title; ‘‘(5) the procedure for rejection or accept- retary’s findings with respect to the report ‘‘(J) the number of terrorist watchlist ance by the Secretary of the recommenda- submitted by the individual and what, if any, checks conducted by the Secretary in order tion of the Office of the Inspector General. compliance action was taken in response to to comply with the requirements of this ‘‘(b) PETITIONS.—The regulations issued such report. title, the number of appeals conducted by pursuant to subsection (a) shall allow any ‘‘(e) INSPECTOR GENERAL REPORT RE- the Secretary pursuant to the processes de- person to file a petition with the Secretary— QUIRED.—The Inspector General of the De- scribed under paragraphs (2), (3) and (4) of

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12507 section 2115(c), aggregate information re- Homeland Security Act of 2002, as added by TITLE II—DRINKING WATER SECURITY garding the time taken for such appeals, ag- subsection (a), by not later than 6 months SEC. 201. SHORT TITLE. gregate information regarding the manner in after the date of the enactment of this Act, This title may be cited as the ‘‘Drinking which such appeals were resolved, and, based and shall issue final rules to carry out such Water System Security Act of 2009’’. title by not later than 18 months after the on information provided to the Secretary an- SEC. 202. INTENTIONAL ACTS AFFECTING THE SE- nually by each owner or operator of a cov- date of the enactment of this Act. CURITY OF COVERED WATER SYS- ered chemical facility, the number of persons (2) CONSULTATION.—In developing and im- TEMS. subjected to adverse employment decisions plementing the rules required under para- (a) AMENDMENT OF SAFE DRINKING WATER that were attributed by the owner or oper- graph (1), the Secretary shall consult with ACT.—Section 1433 of the Safe Drinking ator to the regulations required by section the Administrator of the Environmental Water Act (42 U.S.C. 300i–2) is amended to 2115; and Protection Agency, and other persons, as ap- read as follows: ‘‘(K) any other regulatory data the Sec- propriate, regarding— ‘‘SEC. 1433. INTENTIONAL ACTS. (A) the designation of substances of con- retary deems appropriate to describe facility ‘‘(a) RISK-BASED PERFORMANCE STANDARDS; cern; compliance with the requirements of this VULNERABILITY ASSESSMENTS; SITE SECURITY (B) methods to reduce the consequences of title and the Secretary’s implementation of PLANS; EMERGENCY RESPONSE PLANS.— a terrorist attack; such requirements. ‘‘(1) IN GENERAL.—The Administrator shall (C) security at drinking water facilities ‘‘(b) PUBLIC AVAILABILITY.—A report sub- issue regulations— and wastewater treatment works; mitted under this section shall be made pub- ‘‘(A) establishing risk-based performance (D) the treatment of protected informa- licly available. standards for the security of covered water tion; and ‘‘SEC. 2120. AUTHORIZATION OF APPROPRIA- systems; and (E) such other matters as the Secretary de- TIONS. ‘‘(B) establishing requirements and dead- termines necessary. ‘‘There is authorized to be appropriated to lines for each covered water system— (3) SENSE OF CONGRESS REGARDING CFATS.— the Secretary of Homeland Security to carry ‘‘(i) to conduct a vulnerability assessment It is the sense of Congress that the Secretary out this title— or, if the system already has a vulnerability of Homeland Security was granted statutory ‘‘(1) $325,000,000 for fiscal year 2011, of assessment, to revise the assessment to be in which $100,000,000 shall be made available to authority under section 550 of the Depart- ment of Homeland Security Appropriations accordance with this section, and submit provide funding for methods to reduce the such assessment to the Administrator; consequences of a terrorist attack, of which Act (Public Law 109–295) to regulate security practices at chemical facilities until October ‘‘(ii) to update the vulnerability assess- up to $3,000,000 shall be made available for ment not less than every 5 years and prompt- grants authorized under section 2111(c)(1); 1, 2009. Pursuant to that section the Sec- retary prescribed regulations known as the ly after any change at the system that could ‘‘(2) $300,000,000 for fiscal year 2012, of cause the reassignment of the system to a which $75,000,000 shall be made available to Chemical Facility Anti-Terrorism Stand- ards, or ‘‘CFATS’’ (referred to in this section different risk-based tier under subsection (d); provide funding for methods to reduce the ‘‘(iii) to develop, implement, and, as appro- consequences of a terrorist attack, of which as ‘‘CFATS regulations’’). (4) INTERIM USE AND AMENDMENT OF priate, revise a site security plan not less up to $3,000,000 shall be made available for than every 5 years and promptly after a revi- grants authorized under section 2111(c)(1); CFATS.—Until the final rules prescribed pursuant to paragraph (1) take effect, in car- sion to the vulnerability assessment and sub- and mit such plan to the Administrator; ‘‘(3) $275,000,000 for fiscal year 2013, of rying out title XXI of the Homeland Secu- rity Act of 2002, as added by subsection (a), ‘‘(iv) to develop an emergency response which $50,000,000 shall be made available to plan (or, if the system has already developed provide funding for methods to reduce the the Secretary may, to the extent the Sec- retary determines appropriate— an emergency response plan, to revise the consequences of a terrorist attack, of which plan to be in accordance with this section) up to $3,000,000 shall be made available for (A) continue to carry out the CFATS regulations, as in effect immediately before the and revise the plan not less than every 5 grants authorized under section 2111(c)(1).’’. years thereafter; and (b) CLERICAL AMENDMENT.—The table of date of the enactment of this title; (B) amend any of such regulations as may ‘‘(v) to provide annual training to employ- contents in section 1(b) of such Act is ees and contractor employees of covered amended by adding at the end the following: be necessary to ensure that such regulations are consistent with the requirements of this water systems on implementing site security ‘‘TITLE XXI—REGULATION OF SECURITY title and the amendments made by this title; plans and emergency response plans. PRACTICES AT CHEMICAL FACILITIES and ‘‘(2) COVERED WATER SYSTEMS.—For pur- ‘‘Sec. 2101. Definitions. (C) continue using any tools developed for poses of this section, the term ‘covered water ‘‘Sec. 2102. Risk-based designation and rank- purposes of such regulations, including the system’ means a public water system that— ing of chemical facilities. list of substances of concern, usually re- ‘‘(A) is a community water system serving ‘‘Sec. 2103. Security vulnerability assess- ferred to as ‘‘Appendix A’’, and the chemical a population greater than 3,300; or ments and site security plans. security assessment tool (which includes fa- ‘‘(B) in the discretion of the Adminis- ‘‘Sec. 2104. Site inspections. cility registration, a top-screen question- trator, presents a security risk making regu- ‘‘Sec. 2105. Records. naire, a security vulnerability assessment lation under this section appropriate. ‘‘Sec. 2106. Timely sharing of threat infor- tool, a site security plan template, and a ‘‘(3) CONSULTATION WITH STATE AUTHORI- mation. chemical vulnerability information reposi- TIES.—In developing and carrying out the ‘‘Sec. 2107. Enforcement. tory). regulations under paragraph (1), the Admin- ‘‘Sec. 2108. Whistleblower protections. istrator shall consult with States exercising ‘‘Sec. 2109. Federal preemption. (5) UPDATE OF FACILITY PLANS ASSESSMENTS AND PLANS PREPARED UNDER CFATS.—The primary enforcement responsibility for pub- ‘‘Sec. 2110. Protection of information. lic water systems. ‘‘Sec. 2111. Methods to reduce the con- owner or operator of a covered chemical fa- ‘‘(4) CONSULTATION WITH OTHER PERSONS.— sequences of a terrorist attack. cility, who, before the effective date of the In developing and carrying out the regula- ‘‘Sec. 2112. Applicability. final regulations issued under title XXI of tions under paragraph (1), the Administrator ‘‘Sec. 2113. Savings clause. the Homeland Security Act of 2002, as added ‘‘Sec. 2114. Office of Chemical Facility Secu- by subsection (a), submits a security vulner- shall consult with the Secretary of Home- rity. ability assessment or site security plan land Security, and, as appropriate, other per- ‘‘Sec. 2115. Security background checks of under the CFATS regulations, shall be re- sons regarding— covered individuals at certain quired to update or amend the facility’s se- ‘‘(A) provision of threat-related and other chemical facilities. curity vulnerability assessment and site se- baseline information to covered water sys- ‘‘Sec. 2116. Citizen enforcement. curity plan to reflect any additional require- tems; ‘‘Sec. 2117. Citizen petitions. ments of this title or the amendments made ‘‘(B) designation of substances of concern; ‘‘Sec. 2118. Notification system to address by this title, according to a timeline estab- ‘‘(C) development of risk-based perform- public concerns. lished by the Secretary. ance standards; ‘‘Sec. 2119. Annual report to Congress. (e) REVIEW OF DESIGNATION OF SODIUM ‘‘(D) establishment of risk-based tiers and ‘‘Sec. 2120. Authorization of appropria- FLUOROACETATE AS A SUBSTANCE OF CON- process for the assignment of covered water tions.’’. CERN.—The Secretary of Homeland Security systems to risk-based tiers; (c) CONFORMING REPEAL.— shall review the designation of sodium ‘‘(E) process for the development and eval- (1) REPEAL.—The Department of Homeland fluoroacetate as a substance of concern pur- uation of vulnerability assessments, site se- Security Appropriations Act, 2007 (Public suant to subsection (d) of section 2102 of the curity plans, and emergency response plans; Law 109–295) is amended by striking section Homeland Security Act of 2002, as added by ‘‘(F) treatment of protected information; 550. subsection (a), by the earlier of the following and (2) EFFECTIVE DATE.—The amendment dates: ‘‘(G) such other matters as the Adminis- made by paragraph (1) shall take effect on (1) The date of the first periodic review trator determines necessary. the date of the enactment of this title. conducted pursuant to such subsection after ‘‘(5) SUBSTANCES OF CONCERN.—For pur- (d) REGULATIONS.— the date of the enactment of this title. poses of this section, the Administrator, in (1) DEADLINE.—The Secretary shall issue (2) The date that is one year after the date consultation with the Secretary of Homeland proposed rules to carry out title XXI of the of the enactment of this title. Security—

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‘‘(A) may designate any chemical sub- ‘‘(B) FACTORS TO CONSIDER.—The Adminis- ‘‘(B) the modification of pressures, tem- stance as a substance of concern; trator shall assign (and reassign when appro- peratures, or concentrations of a substance ‘‘(B) at the time any substance is des- priate) each covered water system to one of of concern; and ignated pursuant to subparagraph (A), shall the risk-based tiers established pursuant to ‘‘(C) the reduction or elimination of onsite establish by rule a threshold quantity for the this subsection. In assigning a covered water handling of a substance of concern through release or theft of the substance, taking into system to a risk-based tier, the Adminis- improvement of inventory control or chem- account the toxicity, reactivity, volatility, trator shall consider the potential con- ical use efficiency. dispersability, combustibility, and flamma- sequences (such as death, injury, or serious ‘‘(2) ASSESSMENT.—For each covered water bility of the substance and the amount of the adverse effects to human health, the envi- system that possesses or plans to possess a substance that, as a result of a release, is ronment, critical infrastructure, national se- substance of concern in excess of the release known to cause or may be reasonably antici- curity, and the national economy) from— threshold quantity set by the Administrator pated to cause death, injury, or serious ad- ‘‘(i) an intentional act to cause a release, under subsection (a)(5), the regulations verse effects to human health or the environ- including a worst-case release, of a substance under subsection (a)(1) shall require the cov- ment; and of concern at the covered water system; ered water system to include in its site secu- ‘‘(C) in making such a designation, shall ‘‘(ii) an intentional act to introduce a con- rity plan an assessment of methods to reduce take into account appendix A to part 27 of taminant into the drinking water supply or the consequences of a chemical release from title 6, Code of Federal Regulations (or any disrupt the safe and reliable supply of drink- an intentional act at the covered water sys- successor regulations). ing water; and tem. The covered water system shall provide ‘‘(6) BASELINE INFORMATION.—The Adminis- ‘‘(iii) an intentional act to steal, misappro- such assessment to the Administrator and trator, after consultation with appropriate priate, or misuse substances of concern. the State exercising primary enforcement departments and agencies of the Federal ‘‘(2) EXPLANATION FOR RISK-BASED TIER AS- responsibility for the covered water system, Government and with State, local, and tribal SIGNMENT.—The Administrator shall provide if any. The regulations under subsection governments, shall, for purposes of facili- each covered water system assigned to a (a)(1) shall require the system, in preparing tating compliance with the requirements of risk-based tier with the reasons for the tier the assessment, to consider factors appro- this section, promptly after the effective assignment and whether such system is re- priate to the system’s security, public date of the regulations under subsection quired to submit an assessment under sub- health, or environmental mission, and in- (a)(1) and as appropriate thereafter, provide section (g)(2). clude— baseline information to covered water sys- ‘‘(e) DEVELOPMENT AND IMPLEMENTATION OF ‘‘(A) a description of the methods to reduce tems regarding which kinds of intentional SITE SECURITY PLANS.—The regulations the consequences of a chemical release from acts are the probable threats to— under subsection (a)(1) shall permit each an intentional act; ‘‘(A) substantially disrupt the ability of covered water system, in developing and im- ‘‘(B) how each described method to reduce the system to provide a safe and reliable sup- plementing its site security plan required by ply of drinking water; the consequences of a chemical release from this section, to select layered security and ‘‘(B) cause the release of a substance of an intentional act could, if applied, reduce preparedness measures that, in combination, concern at the covered water system; or the potential extent of death, injury, or seri- appropriately— ‘‘(C) cause the theft, misuse, or misappro- ous adverse effects to human health result- ‘‘(1) address the security risks identified in priation of a substance of concern. ing from a chemical release; its vulnerability assessment; and ‘‘(b) RISK-BASED PERFORMANCE STAND- ‘‘(C) how each described method to reduce ‘‘(2) comply with the applicable risk-based ARDS.—The regulations under subsection the consequences of a chemical release from (a)(1) shall set forth risk-based performance performance standards required under this an intentional act could, if applied, affect standards for site security plans required by section. the presence of contaminants in treated this section. The standards shall be separate ‘‘(f) ROLE OF EMPLOYEES.— water, human health, or the environment; and, as appropriate, increasingly stringent ‘‘(1) DESCRIPTION OF ROLE.—Site security ‘‘(D) whether each described method to re- based on the level of risk associated with the plans and emergency response plans required duce the consequences of a chemical release covered water system’s risk-based tier as- under this section shall describe the appro- from an intentional act at the covered water signment under subsection (d). In developing priate roles or responsibilities that employ- system is feasible, as defined in section such standards, the Administrator shall take ees and contractor employees are expected 1412(b)(4)(D), but not including cost calcula- into account section 27.230 of title 6, Code of to perform to deter or respond to the intentions under subparagraph (E); Federal Regulations (or any successor regu- tional acts described in subsection (d)(1)(B). ‘‘(E) the costs (including capital and oper- lations). ‘‘(2) TRAINING FOR EMPLOYEES.—Each cov- ational costs) and avoided costs (including ‘‘(c) VULNERABILITY ASSESSMENT.—The reg- ered water system shall annually provide savings and liabilities) associated with ap- ulations under subsection (a)(1) shall require employees and contractor employees with plying each described method to reduce the each covered water system to assess the sys- roles or responsibilities described in para- consequences of a chemical release from an tem’s vulnerability to a range of intentional graph (1) with a minimum of 8 hours of train- intentional act at the covered water system; acts, including an intentional act that re- ing on carrying out those roles or respon- ‘‘(F) any other relevant information that sults in a release of a substance of concern sibilities. the covered water system relied on in con- that is known to cause or may be reasonably ‘‘(3) EMPLOYEE PARTICIPATION.—In devel- ducting the assessment; and anticipated to cause death, injury, or serious oping, revising, or updating a vulnerability ‘‘(G) a statement of whether the covered adverse effects to human health or the envi- assessment, site security plan, and emer- water system has implemented or plans to ronment. At a minimum, the vulnerability gency response plan required under this sec- implement one or more methods to reduce assessment shall include a review of— tion, a covered water system shall include— the consequences of a chemical release from ‘‘(1) pipes and constructed conveyances; ‘‘(A) at least one supervisory and at least an intentional act, a description of any such ‘‘(2) physical barriers; one non-supervisory employee of the covered methods, and, in the case of a covered water ‘‘(3) water collection, pretreatment, treat- water system; and system described in paragraph (3)(A), an ex- ment, storage, and distribution facilities, in- ‘‘(B) at least one representative of each cluding fire hydrants; planation of the reasons for any decision not certified or recognized bargaining agent rep- ‘‘(4) electronic, computer, and other auto- to implement any such methods. resenting facility employees or contractor mated systems that are used by the covered ‘‘(3) REQUIRED METHODS.— employees with roles or responsibilities de- water system; ‘‘(A) APPLICATION.—This paragraph applies scribed in paragraph (1), if any, in a collec- ‘‘(5) the use, storage, or handling of various to a covered water system— tive bargaining relationship with the private chemicals, including substances of concern; ‘‘(i) that is assigned to one of the two high- or public owner or operator of the system or ‘‘(6) the operation and maintenance of the est risk-based tiers under subsection (d); and with a contractor to that system. covered water system; and ‘‘(ii) that possesses or plans to possess a ‘‘(7) the covered water system’s resiliency ‘‘(g) METHODS TO REDUCE THE CON- substance of concern in excess of the release and ability to ensure continuity of oper- SEQUENCES OF A CHEMICAL RELEASE FROM AN threshold quantity set by the Administrator ations in the event of a disruption caused by INTENTIONAL ACT.— under subsection (a)(5). an intentional act. ‘‘(1) DEFINITION.—In this section, the term ‘‘(B) HIGHEST-RISK SYSTEMS.—If, on the ‘‘(d) RISK-BASED TIERS.—The regulations ‘method to reduce the consequences of a basis of its assessment under paragraph (2), a under subsection (a)(1) shall provide for 4 chemical release from an intentional act’ covered water system described in subpara- risk-based tiers applicable to covered water means a measure at a covered water system graph (A) decides not to implement methods systems, with tier one representing the high- that reduces or eliminates the potential con- to reduce the consequences of a chemical re- est degree of security risk. sequences of a release of a substance of con- lease from an intentional act, the State exer- ‘‘(1) ASSIGNMENT OF RISK-BASED TIERS.— cern from an intentional act such as— cising primary enforcement responsibility ‘‘(A) SUBMISSION OF INFORMATION.—The Ad- ‘‘(A) the elimination or reduction in the for the covered water system, if the system ministrator may require a covered water sys- amount of a substance of concern possessed is located in such a State, or the Adminis- tem to submit information in order to deter- or planned to be possessed by a covered trator, if the covered water system is not lo- mine the appropriate risk-based tier for the water system through the use of alternate cated in such a State, shall, in accordance covered water system. substances, formulations, or processes; with a timeline set by the Administrator—

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12509 ‘‘(i) determine whether to require the cov- ment methods to reduce the consequences of responsibility for such system, if any, deter- ered water system to implement the meth- an intentional act pursuant to paragraph (3). mines that— ods; and ‘‘(5) ENFORCEMENT.— ‘‘(A) such assessment does not comply with ‘‘(ii) for States exercising primary enforce- ‘‘(A) FAILURE BY STATE TO MAKE DETER- the regulations established under section ment responsibility, report such determina- MINATION.—Whenever the Administrator (a)(1); or tion to the Administrator. finds that a State exercising primary en- ‘‘(B) such plan— ‘‘(C) STATE OR ADMINISTRATOR’S CONSIDER- forcement responsibility for a covered water ‘‘(i) fails to address vulnerabilities identi- ATIONS.—Before requiring, pursuant to sub- system has failed to determine whether to fied in a vulnerability assessment; or paragraph (B), the implementation of a require the covered water system to imple- ‘‘(ii) fails to meet applicable risk-based method to reduce the consequences of a ment methods to reduce the consequences of performance standards. chemical release from an intentional act, the a chemical release from an intentional act, ‘‘(3) STATE, REGIONAL, OR LOCAL GOVERN- State exercising primary enforcement re- as required by paragraph (3)(B), the Adminis- MENTAL ENTITIES.—No covered water system sponsibility for the covered water system, if trator shall so notify the State and covered shall be required under State, local, or tribal the system is located in such a State, or the water system. If, beyond the thirtieth day law to provide a vulnerability assessment or Administrator, if the covered water system after the Administrator’s notification under site security plan described in this section to is not located in such a State, shall consider the preceding sentence, the State has failed any State, regional, local, or tribal govern- factors appropriate to the security, public to make the determination described in such mental entity solely by reason of the re- health, and environmental missions of cov- sentence, the Administrator shall so notify quirement set forth in paragraph (1) that the ered water systems, including an examina- the State and covered water system and system submit such an assessment and plan tion of whether the method— shall determine whether to require the cov- to the Administrator. ‘‘(i) would significantly reduce the risk of ered water system to implement methods to death, injury, or serious adverse effects to reduce the consequences of a chemical re- ‘‘(i) EMERGENCY RESPONSE PLAN.— human health resulting directly from a lease from an intentional act based on the ‘‘(1) IN GENERAL.—Each covered water sys- chemical release from an intentional act at factors described in paragraph (3)(C). tem shall prepare or revise, as appropriate, the covered water system; ‘‘(B) FAILURE BY STATE TO BRING ENFORCE- an emergency response plan that incor- ‘‘(ii) would not increase the interim stor- MENT ACTION.—If the Administrator finds, porates the results of the system’s most cur- age of a substance of concern by the covered with respect to a period in which a State has rent vulnerability assessment and site secu- water system; primary enforcement responsibility for a rity plan. ‘‘(iii) would not render the covered water covered water system, that the system has ‘‘(2) CERTIFICATION.—Each covered water system unable to comply with other require- failed to implement methods to reduce the system shall certify to the Administrator ments of this Act or drinking water stand- consequences of a chemical release from an that the system has completed an emergency ards established by the State or political intentional act (as required by the State or response plan. The system shall submit such subdivision in which the system is located; the Administrator under paragraph (3)(B) or certification to the Administrator not later and the Administrator under subparagraph (A)), than 6 months after the system’s first com- ‘‘(iv) is feasible, as defined in section the Administrator shall so notify the State pletion or revision of a vulnerability assess- 1412(b)(4)(D), to be incorporated into the op- and the covered water system. If, beyond the ment under this section and shall submit an eration of the covered water system. thirtieth day after the Administrator’s noti- additional certification following any update ‘‘(D) APPEAL.—Before requiring, pursuant fication under the preceding sentence, the of the emergency response plan. to subparagraph (B), the implementation of a State has not commenced appropriate en- ‘‘(3) CONTENTS.—A covered water system’s method to reduce the consequences of a forcement action, the Administrator shall so emergency response plan shall include— chemical release from an intentional act, the notify the State and may commence an en- ‘‘(A) plans, procedures, and identification State exercising primary enforcement re- forcement action against the system, includ- of equipment that can be implemented or sponsibility for the covered water system, if ing by seeking or imposing civil penalties used in the event of an intentional act at the the system is located in such a State, or the under subsection (o), to require implementa- covered water system; and Administrator, if the covered water system tion of such methods. ‘‘(B) actions, procedures, and identification is not located in such a State, shall provide ‘‘(C) CONSIDERATION OF CONTINUED PRIMARY of equipment that can obviate or signifi- such covered water system an opportunity to ENFORCEMENT RESPONSIBILITY.—For a State cantly lessen the impact of intentional acts appeal the determination to require such im- with primary enforcement responsibility for on public health and the safety and supply of plementation made pursuant to subpara- a covered water system, the Administrator drinking water provided to communities and graph (B) by such State or the Adminis- may consider the failure of such State to individuals. trator. make a determination as described under ‘‘(4) COORDINATION.—As part of its emer- ‘‘(4) INCOMPLETE OR LATE ASSESSMENTS.— subparagraph (A) or to bring enforcement ac- gency response plan, each covered water sys- ‘‘(A) INCOMPLETE ASSESSMENTS.—If the Ad- tion as described under subparagraph (B) tem shall provide appropriate information to ministrator finds that the covered water sys- when determining whether a State may re- any local emergency planning committee, tem, in conducting its assessment under tain primary enforcement responsibility local law enforcement officials, and local paragraph (2), did not meet the requirements under this Act. emergency response providers to ensure an of paragraph (2) and the applicable regula- ‘‘(6) GUIDANCE FOR COVERED WATER SYSTEMS effective, collective response. tions, the Administrator shall, after noti- ASSIGNED TO TIER 3 AND TIER 4.—For covered ‘‘(j) MAINTENANCE OF RECORDS.—Each cov- fying the covered water system and the water systems required to conduct an assess- ered water system shall maintain an updated State exercising primary enforcement re- ment under paragraph (2) and assigned by copy of its vulnerability assessment, site se- sponsibility for that system, if any, require the Administrator to tier 3 or tier 4 under curity plan, and emergency response plan. the covered water system to submit a revised subsection (d), the Administrator shall issue assessment not later than 60 days after the guidance and, as appropriate, provide or rec- ‘‘(k) AUDIT; INSPECTION.— Administrator notifies such system. The Ad- ommend tools, methodologies, or computer ‘‘(1) IN GENERAL.—Notwithstanding section ministrator may require such additional re- software, to assist such covered water sys- 1445(b)(2), the Administrator, or duly des- visions as are necessary to ensure that the tems in complying with the requirements of ignated representatives of the Adminis- system meets the requirements of paragraph this section. trator, shall audit and inspect covered water (2) and the applicable regulations. ‘‘(h) REVIEW BY ADMINISTRATOR.— systems, as necessary, for purposes of deter- ‘‘(B) LATE ASSESSMENTS.—If the Adminis- ‘‘(1) IN GENERAL.—The regulations under mining compliance with this section. trator finds that a covered water system, in subsection (a)(1) shall require each covered ‘‘(2) ACCESS.—In conducting an audit or in- conducting its assessment pursuant to para- water system to submit its vulnerability as- spection of a covered water system, the Ad- graph (2), did not complete such assessment sessment and site security plan to the Ad- ministrator or duly designated representa- in accordance with the deadline set by the ministrator for review according to dead- tives of the Administrator, as appropriate, Administrator, the Administrator may, after lines set by the Administrator. The Adminis- shall have access to the owners, operators, notifying the covered water system and the trator shall review each vulnerability assess- employees and contractor employees, and State exercising primary enforcement re- ment and site security plan submitted under employee representatives, if any, of such sponsibility for that system, if any, take ap- this section and— covered water system. propriate enforcement action under sub- ‘‘(A) if the assessment or plan has any sig- ‘‘(3) CONFIDENTIAL COMMUNICATION OF IN- section (o). nificant deficiency described in paragraph FORMATION; AIDING INSPECTIONS.—The Admin- ‘‘(C) REVIEW.—The State exercising pri- (2), require the covered water system to cor- istrator, or a duly designated representative mary enforcement responsibility for the cov- rect the deficiency; or of the Administrator, shall offer non-super- ered water system, if the system is located ‘‘(B) approve such assessment or plan. visory employees of a covered water system in such a State, or the Administrator, if the ‘‘(2) SIGNIFICANT DEFICIENCIES.—A vulner- the opportunity confidentially to commu- system is not located in such a State, shall ability assessment or site security plan of a nicate information relevant to the employ- review a revised assessment that meets the covered water system has a significant defi- er’s compliance or noncompliance with this requirements of paragraph (2) and applicable ciency under this subsection if the Adminis- section, including compliance or noncompli- regulations to determine whether the cov- trator, in consultation, as appropriate, with ance with any regulation or requirement ered water system will be required to imple- the State exercising primary enforcement adopted by the Administrator in furtherance

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A representation amends or affects any authority or obli- part of its site security plan by such date as tive of each certified or recognized bar- gation of a Federal, State, local, or tribal the Administrator requires, shall be liable gaining agent described in subsection agency to protect or disclose any record or for a civil penalty of not more than $25,000 (f)(3)(B), if any, or, if none, a non-supervisory information that the Federal, State, local, or for each day on which the violation occurs. employee, shall be given an opportunity to tribal agency obtains from a covered water ‘‘(2) PROCEDURE.—When the Administrator accompany the Administrator, or the duly system or the Administrator under any determines that a covered water system is designated representative of the Adminis- other law. subject to a civil penalty under paragraph trator, during the physical inspection of any ‘‘(7) PROTECTED INFORMATION.— (1), the Administrator, after consultation covered water system for the purpose of aid- ‘‘(A) IN GENERAL.—For purposes of this sec- with the State, for covered water systems lo- ing such inspection, if representatives of the tion, protected information is any of the fol- cated in a State exercising primary responsi- covered water system will also be accom- lowing: bility for the covered water system, and, panying the Administrator or the duly des- ‘‘(i) Vulnerability assessments and site se- after considering the severity of the viola- ignated representative of the Administrator curity plans under this section, including tion or deficiency and the record of the cov- on such inspection. any assessment developed pursuant to sub- ered water system in carrying out the re- ‘‘(l) PROTECTION OF INFORMATION.— section (g)(2). quirements of this section, may— ‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF ‘‘(ii) Documents directly related to the Ad- ‘‘(A) after notice and an opportunity for PROTECTED INFORMATION.—Protected infor- ministrator’s review of assessments and the covered water system to be heard, issue mation shall— plans described in clause (i) and, as applica- an order assessing a penalty under such ‘‘(A) be exempt from disclosure under sec- ble, the State’s review of an assessment pre- paragraph for any past or current violation, tion 552 of title 5, United States Code; and pared under subsection (g)(2). requiring compliance immediately or within ‘‘(B) not be made available pursuant to any ‘‘(iii) Documents directly related to inspec- a specified time period; or State, local, or tribal law requiring disclo- tions and audits under this section. ‘‘(B) commence a civil action in the United sure of information or records. ‘‘(iv) Orders, notices, or letters regarding States district court in the district in which ‘‘(2) INFORMATION SHARING.— the compliance of a covered water system the violation occurred for appropriate relief, ‘‘(A) IN GENERAL.—The Administrator shall with the requirements of this section. including temporary or permanent injunc- prescribe such regulations, and may issue ‘‘(v) Information, documents, or records re- tion. such orders, as necessary to prohibit the un- quired to be provided to or created by, the ‘‘(3) METHODS TO REDUCE THE CONSEQUENCES authorized disclosure of protected informa- Administrator under subsection (d). OF A CHEMICAL RELEASE FROM AN INTENTIONAL tion, as described in paragraph (7). ‘‘(vi) Documents directly related to secu- ACT.—Except as provided in subsections (g)(4) ‘‘(B) SHARING OF PROTECTED INFORMATION.— rity drills and training exercises, security and (g)(5), if a covered water system is lo- The regulations under subparagraph (A) threats and breaches of security, and main- cated in a State exercising primary enforce- shall provide standards for and facilitate the tenance, calibration, and testing of security ment responsibility for the system, the Ad- appropriate sharing of protected information equipment. ministrator may not issue an order or com- with and between Federal, State, local, and ‘‘(vii) Other information, documents, and mence a civil action under this section for tribal authorities, first responders, law en- records developed exclusively for the pur- any deficiency in the content or implemen- forcement officials, designated supervisory poses of this section that the Administrator tation of the portion of the system’s site se- and non-supervisory covered water system determines would be detrimental to the secu- curity plan relating to methods to reduce personnel with security, operational, or fidu- rity of one or more covered water systems if the consequences of a chemical release from ciary responsibility for the system, and des- disclosed. an intentional act (as defined in subsection ignated facility employee representatives, if ‘‘(B) DETRIMENT REQUIREMENT.—For pur- (g)(1)). any. Such standards shall include procedures ‘‘(p) REPORT TO CONGRESS.— poses of clauses (ii), (iii), (iv), (v), and (vi) of for the sharing of all portions of a covered ‘‘(1) PERIODIC REPORT.—Not later than 3 subparagraph (A), the only portions of docu- water system’s vulnerability assessment and years after the effective date of the regula- ments, records, orders, notices, and letters site security plan relating to the roles and tions under subsection (a)(1), and every 3 that shall be considered protected informa- responsibilities of system employees or con- years thereafter, the Administrator shall tion are those portions that— tractor employees under subsection (f)(1) transmit to the Committee on Energy and ‘‘(i) would be detrimental to the security of with a representative of each certified or Commerce of the House of Representatives one or more covered water systems if dis- recognized bargaining agent representing and the Committee on Environment and closed; and such employees, if any, or, if none, with at Public Works of the Senate a report on least one supervisory and at least one non- ‘‘(ii) are developed by the Administrator, progress in achieving compliance with this supervisory employee with roles and respon- the State, or the covered water system for section. Each such report shall include, at a sibilities under subsection (f)(1). the purposes of this section. minimum, the following: ‘‘(C) EXCLUSIONS.—For purposes of this sec- ‘‘(C) PENALTIES.—Protected information, ‘‘(A) A generalized summary of measures as described in paragraph (7), shall not be tion, protected information does not in- implemented by covered water systems in shared except in accordance with the stand- clude— order to meet each risk-based performance ards provided by the regulations under sub- ‘‘(i) information that is otherwise publicly standard established by this section. paragraph (A). Whoever discloses protected available, including information that is re- ‘‘(B) A summary of how the covered water information in knowing violation of the reg- quired to be made publicly available under systems, differentiated by risk-based tier as- ulations and orders issued under subpara- any law; signment, are complying with the require- graph (A) shall be fined under title 18, United ‘‘(ii) information that a covered water sys- ments of this section during the period cov- States Code, imprisoned for not more than tem has lawfully disclosed other than in ac- ered by the report and how the Adminis- one year, or both, and, in the case of a Fed- cordance with this section; and trator is implementing and enforcing such eral officeholder or employee, shall be re- ‘‘(iii) information that, if disclosed, would requirements during such period including— moved from Federal office or employment. not be detrimental to the security of one or ‘‘(i) the number of public water systems more covered water systems, including ag- ‘‘(3) TREATMENT OF INFORMATION IN ADJU- that provided the Administrator with infor- gregate regulatory data that the Adminis- DICATIVE PROCEEDINGS.—In any judicial or mation pursuant to subsection (d)(1); administrative proceeding, protected infor- trator determines appropriate to describe ‘‘(ii) the number of covered water systems mation, as described in paragraph (7), shall system compliance with the requirements of assigned to each risk-based tier; be treated in a manner consistent with the this section and the Administrator’s imple- ‘‘(iii) the number of vulnerability assess- treatment of Sensitive Security Information mentation of such requirements. ments and site security plans submitted by ‘‘(m) RELATION TO CHEMICAL FACILITY SE- under section 525 of the Department of covered water systems; CURITY REQUIREMENTS.—Title XXI of the Homeland Security Appropriations Act, 2007 ‘‘(iv) the number of vulnerability assess- Homeland Security Act of 2002 and the (Public Law 109–295; 120 Stat. 1381). ments and site security plans approved and amendments made by title I of the Chemical ‘‘(4) OTHER OBLIGATIONS UNAFFECTED.—Ex- and Water Security Act of 2009 shall not disapproved by the Administrator; cept as provided in subsection (h)(3), nothing apply to any public water system subject to ‘‘(v) the number of covered water systems in this section amends or affects an obliga- this Act. without approved vulnerability assessments tion of a covered water system— ‘‘(n) PREEMPTION.—This section does not or site security plans; ‘‘(A) to submit or make available informa- preclude or deny the right of any State or ‘‘(vi) the number of covered water systems tion to system employees, employee organi- political subdivision thereof to adopt or en- that have been assigned to a different risk- zations, or a Federal, State, tribal, or local force any regulation, requirement, or stand- based tier due to implementation of a meth- government agency under any other law; or ard of performance with respect to a covered od to reduce the consequences of a chemical ‘‘(B) to comply with any other law. water system that is more stringent than a release from an intentional act and a de- ‘‘(5) CONGRESSIONAL OVERSIGHT.—Nothing regulation, requirement, or standard of per- scription of the types of such implemented in this section permits or authorizes the formance under this section. methods; withholding of information from Congress or ‘‘(o) VIOLATIONS.— ‘‘(vii) the number of audits and inspections any committee or subcommittee thereof. ‘‘(1) IN GENERAL.—A covered water system conducted by the Administrator or duly des- ‘‘(6) DISCLOSURE OF INDEPENDENTLY FUR- that violates any requirement of this sec- ignated representatives of the Adminis- NISHED INFORMATION.—Nothing in this section, including by not implementing all or trator;

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12511 ‘‘(viii) the number of orders for compliance given to covered water systems assigned to ‘‘SEC. 222. WASTEWATER TREATMENT WORKS SE- issued by the Administrator; tier one or tier two under subsection (d); and CURITY. ‘‘(ix) the administrative penalties assessed ‘‘(ii) appropriate training for first respond- ‘‘(a) ASSESSMENT OF TREATMENT WORKS by the Administrator for non-compliance ers and emergency response providers who VULNERABILITY AND IMPLEMENTATION OF SITE with the requirements of this section; would respond to an intentional act at a cov- SECURITY AND EMERGENCY RESPONSE ‘‘(x) the civil penalties assessed by courts ered water system. PLANS.— for non-compliance with the requirements of ‘‘(D) ELIGIBLE ENTITIES.—For purposes of this section; and this paragraph, an eligible entity is a non- ‘‘(1) IN GENERAL.—Each owner or operator ‘‘(xi) any other regulatory data the Admin- profit organization with demonstrated expe- of a treatment works with either a treat- istrator determines appropriate to describe rience in implementing and operating suc- ment capacity of at least 2,500,000 gallons per covered water system compliance with the cessful worker or first responder health and day or, in the discretion of the Adminis- requirements of this section and the Admin- safety or security training programs. trator, that presents a security risk making istrator’s implementation of such require- ‘‘(r) AUTHORIZATION OF APPROPRIATIONS.— coverage under this section appropriate ments. ‘‘(1) IN GENERAL.—To carry out this sec- shall, consistent with regulations developed ‘‘(2) PUBLIC AVAILABILITY.—A report sub- tion, there are authorized to be appro- under subsection (b)— mitted under this section shall be made pub- priated— ‘‘(A) conduct and, as required, update a licly available. ‘‘(A) $315,000,000 for fiscal year 2011, of vulnerability assessment of its treatment ‘‘(q) GRANT PROGRAMS.— which up to— works; ‘‘(1) IMPLEMENTATION GRANTS TO STATES.— ‘‘(i) $30,000,000 may be used for administra- ‘‘(B) develop, periodically update, and im- The Administrator may award grants to, or tive costs incurred by the Administrator or plement a site security plan for the treat- enter into cooperative agreements with, the States, as appropriate; and ment works; and States, based on an allocation formula estab- ‘‘(ii) $125,000,000 may be used to implement ‘‘(C) develop and, as required, revise an lished by the Administrator, to assist the methods to reduce the consequences of a emergency response plan for the treatment States in implementing this section. chemical release from an intentional act at works. ‘‘(2) RESEARCH, TRAINING, AND TECHNICAL covered water systems with priority given to ‘‘(2) VULNERABILITY ASSESSMENT.— ASSISTANCE GRANTS.—The Administrator covered water systems assigned to tier one ‘‘(A) DEFINITION.—In this section, the term may award grants to, or enter into coopera- or tier two under subsection (d); and ‘vulnerability assessment’ means an assess- tive agreements with, non-profit organiza- ‘‘(B) such sums as may be necessary for fis- ment of the vulnerability of a treatment tions to provide research, training, and tech- cal years 2012 through 2015. works to intentional acts that may— nical assistance to covered water systems to ‘‘(2) SECURITY ENHANCEMENTS.—Funding ‘‘(i) substantially disrupt the ability of the assist them in carrying out their responsibil- under this subsection for basic security en- treatment works to safely and reliably oper- ities under this section. hancements shall not include expenditures ate; or ‘‘(3) PREPARATION GRANTS.— for personnel costs or monitoring, operation, ‘‘(ii) have a substantial adverse effect on ‘‘(A) GRANTS.—The Administrator may or maintenance of facilities, equipment, or critical infrastructure, public health or safe- award grants to, or enter into cooperative systems.’’. ty, or the environment. agreements with, covered water systems to (b) REGULATIONS; TRANSITION.— ‘‘(B) REVIEW.—A vulnerability assessment assist such systems in— (1) REGULATIONS.—Not later than 2 years shall include an identification of the vulner- ‘‘(i) preparing and updating vulnerability after the date of the enactment of this title, ability of the treatment works’— assessments, site security plans, and emer- the Administrator of the Environmental ‘‘(i) facilities, systems, and devices used in gency response plans; Protection Agency shall promulgate final the storage, treatment, recycling, or rec- ‘‘(ii) assessing and implementing methods regulations to carry out section 1433 of the lamation of municipal sewage or industrial to reduce the consequences of a release of a Safe Drinking Water Act, as amended by wastes; substance of concern from an intentional subsection (a). ‘‘(ii) intercepting sewers, outfall sewers, act; and (2) EFFECTIVE DATE.—Until the effective sewage collection systems, and other con- ‘‘(iii) implementing any other security re- date of the regulations promulgated under structed conveyances under the control of views and enhancements necessary to com- paragraph (1), section 1433 of the Safe Drink- the owner or operator of the treatment ply with this section. ing Water Act, as in effect on the day before works; ‘‘(B) PRIORITY.— the date of the enactment of this title, shall ‘‘(iii) electronic, computer, and other auto- ‘‘(i) NEED.—The Administrator, in award- mated systems; ing grants or entering into cooperative continue to apply. ‘‘(iv) pumping, power, and other equip- agreements for purposes described in sub- (3) SAVINGS PROVISION.—Nothing in this ment; paragraph (A)(i), shall give priority to cov- section or the amendment made by this sec- ‘‘(v) use, storage, and handling of various ered water systems that have the greatest tion shall affect the application of section chemicals, including substances of concern, need. 1433 of the Safe Drinking Water Act, as in effect before the effective date of the regula- as identified by the Administrator; ‘‘(ii) SECURITY RISK.—The Administrator, ‘‘(vi) operation and maintenance proce- in awarding grants or entering into coopera- tions promulgated under paragraph (1), to dures; and tive agreements for purposes described in any violation of such section 1433 occurring ‘‘(vii) ability to ensure continuity of oper- subparagraph (A)(ii), shall give priority to before such effective date, and the require- ations. covered water systems that pose the greatest ments of such section 1433 shall remain in ‘‘(3) SITE SECURITY PLAN.— security risk. force and effect with respect to such violation until the violation has been corrected or ‘‘(A) DEFINITION.—In this section, the term ‘‘(4) WORKER TRAINING GRANTS PROGRAM AU- enforcement proceedings completed, which- ‘site security plan’ means a process devel- THORITY.— ever is later. oped by the owner or operator of a treatment ‘‘(A) IN GENERAL.—The Administrator shall works to address security risks identified in establish a grant program to award grants to SEC. 203. STUDY TO ASSESS THE THREAT OF CON- a vulnerability assessment developed for the eligible entities to provide for training and TAMINATION OF DRINKING WATER DISTRIBUTION SYSTEMS. treatment works. education of employees and contractor em- Not later than 180 days after the date of ‘‘(B) IDENTIFICATION OF SECURITY ENHANCE- ployees with roles or responsibilities de- the enactment of this title, the Adminis- MENTS.—A site security plan carried out scribed in subsection (f)(1) and first respond- trator of the Environmental Protection under paragraph (1)(B) shall identify specific ers and emergency response providers who Agency, in consultation with the Secretary security enhancements, including proce- would respond to an intentional act at a cov- of Homeland Security, shall— dures, countermeasures, or equipment, that, ered water system. (1) conduct a study to assess the threat of when implemented or utilized, will reduce ‘‘(B) ADMINISTRATION.—The Administrator contamination of drinking water being dis- the vulnerabilities identified in a vulner- shall enter into an agreement with the Na- tributed through public water systems, inability assessment (including the identifica- tional Institute of Environmental Health cluding fire main systems; and tion of the extent to which implementation Sciences to make and administer grants (2) submit a report to the Congress on the or utilization of such security enhancements under this paragraph. results of such study. may impact the operations of the treatment ‘‘(C) USE OF FUNDS.—The recipient of a works in meeting the goals and requirements grant under this paragraph shall use the TITLE III—WASTEWATER TREATMENT of this Act). grant to provide for— WORKS SECURITY ‘‘(i) training and education of employees SECTION 301. SHORT TITLE. ‘‘(b) RULEMAKING AND GUIDANCE DOCU- and contractor employees with roles or re- This title may be cited as the ‘‘Wastewater MENTS.— sponsibilities described in subsection (f)(1), Treatment Works Security Act of 2009’’. ‘‘(1) IN GENERAL.—Not later than December including the annual mandatory training SEC. 302. WASTEWATER TREATMENT WORKS SE- 31, 2010, the Administrator, after providing specified in subsection (f)(2) or training for CURITY. notice and an opportunity for public com- first responders in protecting nearby per- (a) IN GENERAL.—Title II of the Federal ment, shall issue regulations— sons, property, or the environment from the Water Pollution Control Act (33 U.S.C. 1281 ‘‘(A) establishing risk-based performance effects of a release of a substance of concern et seq.) is amended by adding at the end the standards for the security of a treatment at the covered water system, with priority following: works identified under subsection (a)(1); and

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12512 CONGRESSIONAL RECORD — HOUSE November 6, 2009 ‘‘(B) establishing requirements and dead- that the standards are separate and, as ap- works is feasible, as determined by the Ad- lines for each owner or operator of a treat- propriate, increasingly more stringent based ministrator; ment works identified under subsection on the level of risk associated with the risk- ‘‘(IV) the costs (including capital and oper- (a)(1)— based tier assignment under subparagraph ational costs) and avoided costs (including ‘‘(i) to conduct and submit to the Adminis- (B) for the treatment works. potential savings) associated with applying trator a vulnerability assessment or, if the ‘‘(ii) CONSIDERATION.—In carrying out this each described method to reduce the con- owner or operator of a treatment works al- subparagraph, the Administrator shall take sequences of a chemical release from an in- ready has conducted a vulnerability assess- into account section 27.230 of title 6, Code of tentional act at the treatment works; ment, to revise and submit to the Adminis- Federal Regulations (or any successor regu- ‘‘(V) any other relevant information that trator such assessment in accordance with lation). the owner or operator of a treatment works this section; ‘‘(D) SITE SECURITY PLANS.— relied on in conducting the assessment; and ‘‘(ii) to update and submit to the Adminis- ‘‘(i) IN GENERAL.—In developing regulations ‘‘(VI) a statement of whether the owner or trator the vulnerability assessment not less under this subsection, the Administrator operator of a treatment works has imple- than every 5 years and promptly after any shall permit the owner or operator of a mented or plans to implement a method to change at the treatment works that could treatment works identified under subsection reduce the consequences of a chemical re- cause the reassignment of the treatment (a)(1), in developing and implementing a site lease from an intentional act, a description works to a different risk-based tier under security plan, to select layered security and of any such method, and, in the case of a paragraph (2)(B); preparedness measures that, in combina- treatment works described in subparagraph ‘‘(iii) to develop and implement a site secu- tion— (C)(i), an explanation of the reasons for any rity plan and to update such plan not less ‘‘(I) address the security risks identified in decision not to implement any such method. than every 5 years and promptly after an up- its vulnerability assessment; and ‘‘(C) REQUIRED METHODS.— date to the vulnerability assessment; ‘‘(II) comply with the applicable risk-based ‘‘(i) APPLICATION.—This subparagraph ap- ‘‘(iv) to develop an emergency response performance standards required by this sub- plies to a treatment works identified under plan (or, if the owner or operator of a treat- section. subsection (a)(1) that— ment works has already developed an emer- ‘‘(3) METHODS TO REDUCE THE CONSEQUENCES ‘‘(I) is assigned to one of the two highest gency response plan, to revise the plan to be OF A CHEMICAL RELEASE FROM AN INTENTIONAL risk-based tiers established under paragraph in accordance with this section) and to re- ACT.— (2)(A); and vise the plan not less than every 5 years and ‘‘(A) DEFINITION.—In this section, the term ‘‘(II) possesses or plans to possess a sub- promptly after an update to the vulner- ‘method to reduce the consequences of a stance of concern in excess of the threshold ability assessment; and chemical release from an intentional act’ quantity set by the Administrator under ‘‘(v) to provide annual training to employ- means a measure at a treatment works iden- subsection (c)(2). ees of the treatment works on implementing tified under subsection (a)(1) that reduces or ‘‘(ii) HIGHEST-RISK SYSTEMS.—If, on the site security plans and emergency response eliminates the potential consequences of a basis of its assessment developed pursuant to plans. release of a substance of concern designated subparagraph (B), the owner or operator of a ‘‘(2) RISK-BASED TIERS AND PERFORMANCE under subsection (c) from an intentional act, treatment works described in clause (i) de- STANDARDS.— such as— cides not to implement a method to reduce ‘‘(A) IN GENERAL.—In developing regula- ‘‘(i) the elimination of or a reduction in the consequences of a chemical release from tions under this subsection, the Adminis- the amount of a substance of concern pos- an intentional act, in accordance with a trator shall— sessed or planned to be possessed by a treat- timeline set by the Administrator— ‘‘(i) provide for 4 risk-based tiers applica- ment works through the use of alternate ‘‘(I) the Administrator or, where applicable to treatment works identified under sub- substances, formulations, or processes; ble, a State with an approved program under section (a)(1), with tier one representing the ‘‘(ii) the modification of pressures, tem- section 402, shall determine whether to re- highest degree of security risk; and peratures, or concentrations of a substance quire the owner or operator of a treatment ‘‘(ii) establish risk-based performance of concern; and works to implement such method; and standards for site security plans and emer- ‘‘(iii) the reduction or elimination of on- ‘‘(II) in the case of a State with such ap- gency response plans required under this sec- site handling of a substance of concern proved program, the State shall report such tion. through the improvement of inventory con- determination to the Administrator. ‘‘(B) RISK-BASED TIERS.— trol or chemical use efficiency. ‘‘(iii) CONSIDERATIONS.—Before requiring ‘‘(i) ASSIGNMENT OF RISK-BASED TIERS.—The ‘‘(B) ASSESSMENT.— the implementation of a method to reduce Administrator shall assign (and reassign ‘‘(i) IN GENERAL.—In developing the regula- the consequences of a chemical release from when appropriate) each treatment works tions under this subsection, for each treat- an intentional act under clause (ii), the Ad- identified under subsection (a)(1) to one of ment works identified under subsection (a)(1) ministrator or a State, as the case may be, the risk-based tiers established pursuant to that possesses or plans to possess a sub- shall consider factors appropriate to address this paragraph. stance of concern in excess of the release the responsibilities of the treatment works ‘‘(ii) FACTORS TO CONSIDER.—In assigning a threshold quantity set by the Administrator to meet the goals and requirements of this treatment works to a risk-based tier, the Ad- under subsection (c)(2), the Administrator Act, including an examination of whether ministrator shall consider— shall require the treatment works to include the method— ‘‘(I) the size of the treatment works; in its site security plan an assessment of ‘‘(I) would significantly reduce the risk of ‘‘(II) the proximity of the treatment works methods to reduce the consequences of a death, injury, or serious adverse effects to to large population centers; chemical release from an intentional act at human health resulting from a chemical re- ‘‘(III) the adverse impacts of an intentional the treatment works. lease from an intentional act at the treat- act, including a worst-case release of a sub- ‘‘(ii) CONSIDERATIONS FOR ASSESSMENT.—In ment works; stance of concern designated under sub- developing the regulations under this sub- ‘‘(II) would not increase the interim stor- section (c), on the operation of the treat- section, the Administrator shall require the age by the treatment works of a substance of ment works or on critical infrastructure, owner or operator of each treatment works, concern designated under subsection (c); public health or safety, or the environment; in preparing the assessment, to consider fac- ‘‘(III) could impact the operations of the and tors appropriate to address the responsibil- treatment works in meeting the goals and ‘‘(IV) any other factor that the Adminis- ities of the treatment works to meet the requirements of this Act or any more strin- trator determines to be appropriate. goals and requirements of this Act and to in- gent standards established by the State or ‘‘(iii) INFORMATION REQUEST FOR TREATMENT clude— municipality in which the treatment works WORKS.—The Administrator may require the ‘‘(I) a description of the methods to reduce is located; and owner or operator of a treatment works iden- the consequences of a chemical release from ‘‘(IV) is feasible, as determined by the Ad- tified under subsection (a)(1) to submit infor- an intentional act; ministrator, to be incorporated into the op- mation in order to determine the appropriate ‘‘(II) a description of how each described erations of the treatment works. risk-based tier for the treatment works. method to reduce the consequences of a ‘‘(D) APPEAL.—Before requiring the imple- ‘‘(iv) EXPLANATION FOR RISK-BASED TIER AS- chemical release from an intentional act mentation of a method to reduce the con- SIGNMENT.—The Administrator shall provide could, if applied— sequences of a chemical release from an in- the owner or operator of each treatment ‘‘(aa) reduce the extent of death, injury, or tentional act under clause (ii), the Adminis- works assigned to a risk-based tier with the serious adverse effects to human health or trator or a State, as the case may be, shall reasons for the tier assignment and whether the environment as a result of a release, provide the owner or operator of the treat- such owner or operator of a treatment works theft, or misappropriation of a substance of ment works an opportunity to appeal the de- is required to submit an assessment under concern designated under subsection (c); and termination to require such implementation. paragraph (3)(B). ‘‘(bb) impact the operations of the treat- ‘‘(E) INCOMPLETE OR LATE ASSESSMENTS.— ‘‘(C) RISK-BASED PERFORMANCE STAND- ment works in meeting the goals and re- ‘‘(i) INCOMPLETE ASSESSMENTS.—If the Ad- ARDS.— quirements of this Act; ministrator determines that a treatment ‘‘(i) CLASSIFICATION.—In establishing risk- ‘‘(III) whether each described method to re- works fails to meet the requirements of sub- based performance standards under subpara- duce the consequences of a chemical release paragraph (B) and the applicable regulations, graph (A)(ii), the Administrator shall ensure from an intentional act at the treatment the Administrator shall, after notifying the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12513 owner or operator of a treatment works and and, as appropriate, other persons regard- ‘‘(A) includes a clear explanation of the de- the State in which the treatment works is ing— ficiency in the vulnerability assessment or located, require the owner or operator of the ‘‘(A) the provision of threat-related and site security plan; treatment works to submit a revised assess- other baseline information to treatment ‘‘(B) provides guidance to assist the owner ment not later than 60 days after the Admin- works identified under subsection (a)(1); or operator in addressing the deficiency; and istrator notifies the owner or operator. The ‘‘(B) the designation of substances of con- ‘‘(C) requires the owner or operator to cor- Administrator may require such additional cern under subsection (c); rect the deficiency and, by such date as the revisions as are necessary to ensure that the ‘‘(C) the development of risk-based per- Administrator determines appropriate, to treatment works meets the requirements of formance standards; submit to the Administrator a revised vul- subparagraph (B) and the applicable regula- ‘‘(D) the establishment of risk-based tiers nerability assessment or site security plan. tions. and the process for the assignment of treat- ‘‘(5) STATE, LOCAL, OR TRIBAL GOVERN- ‘‘(ii) LATE ASSESSMENTS.—If the Adminis- ment works identified under subsection (a)(1) MENTAL ENTITIES.—No owner or operator of a trator finds that the owner or operator of a to such tiers; treatment works identified under subsection treatment works, in conducting an assess- ‘‘(E) the process for the development and (a)(1) shall be required under State, local, or ment pursuant to subparagraph (B), did not evaluation of vulnerability assessments, site tribal law to provide a vulnerability assess- complete such assessment in accordance security plans, and emergency response ment or site security plan described in this with the deadline set by the Administrator, plans; section to any State, local, or tribal govern- the Administrator may, after notifying the ‘‘(F) the treatment of protected informa- mental entity solely by reason of the re- owner or operator of the treatment works tion; and quirement set forth in paragraph (1) that the and the State in which the treatment works ‘‘(G) any other factor that the Adminis- owner or operator of a treatment works sub- is located, take appropriate enforcement ac- trator determines to be appropriate. mit such an assessment and plan to the Ad- tion under subsection (j). ‘‘(6) CONSIDERATION.—In developing the ministrator. ‘‘(iii) REVIEW.—A State with an approved regulations under this subsection, the Ad- ‘‘(e) EMERGENCY RESPONSE PLAN.— program under section 402 or the Adminis- ministrator shall ensure that such regula- ‘‘(1) IN GENERAL.—The owner or operator of trator, as the case may be, shall review a re- tions are consistent with the goals and re- a treatment works identified under sub- vised assessment that meets the require- quirements of this Act. section (a)(1) shall develop or revise, as ap- ments of subparagraph (B) and applicable propriate, an emergency response plan that ‘‘(c) SUBSTANCES OF CONCERN.—For pur- regulations to determine whether the treat- incorporates the results of the current vul- poses of this section, the Administrator, in ment works will be required to implement nerability assessment and site security plan consultation with the Secretary of Homeland methods to reduce the consequences of a for the treatment works. Security— chemical release from an intentional act ‘‘(2) CERTIFICATION.—The owner or operator ‘‘(1) may designate any chemical substance pursuant to subparagraph (C). of a treatment works identified under sub- as a substance of concern; ‘‘(F) ENFORCEMENT.— section (a)(1) shall certify to the Adminis- ‘‘(2) at the time any chemical substance is ‘‘(i) FAILURE BY STATE TO MAKE DETERMINA- trator that the owner or operator has com- designated pursuant to paragraph (1), shall TION.— pleted an emergency response plan, shall establish by rulemaking a threshold quan- ‘‘(I) IN GENERAL.—If the Administrator de- submit such certification to the Adminis- termines that a State with an approved pro- tity for the release or theft of a substance, trator not later than 6 months after the first gram under section 402 failed to determine taking into account the toxicity, reactivity, completion or revision of a vulnerability as- whether to require a treatment works to im- volatility, dispersability, combustability, sessment under this section, and shall sub- plement a method to reduce the con- and flammability of the substance and the mit an additional certification following any sequences of a chemical release from an in- amount of the substance, that, as a result of update of the emergency response plan. tentional act, as required by subparagraph the release or theft, is known to cause death, ‘‘(3) CONTENTS.—An emergency response (C)(ii), the Administrator shall notify the injury, or serious adverse impacts to human plan shall include a description of— State and the owner or operator of the treat- health or the environment; and ‘‘(A) plans, procedures, and identification ment works. ‘‘(3) in making such a designation, shall of equipment that can be implemented or ‘‘(II) ADMINISTRATIVE ACTION.—If, after 30 take into account appendix A to part 27 of used in the event of an intentional act at the days after the notification described in subtitle 6, Code of Federal Regulations (or any treatment works; and clause (I), a State fails to make the deter- successor regulation). ‘‘(B) actions, procedures, and identification mination described in that subclause, the ‘‘(d) REVIEW OF VULNERABILITY ASSESS- of equipment that can obviate or signifi- Administrator shall notify the State and the MENT AND SITE SECURITY PLAN.— cantly reduce the impact of intentional acts owner or operator of the treatment works ‘‘(1) IN GENERAL.—Each owner or operator to— and shall determine whether to require the of a treatment works identified under sub- ‘‘(i) substantially disrupt the ability of the owner or operator to implement a method to section (a)(1) shall submit its vulnerability treatment works to safely and reliably oper- reduce the consequences of a chemical re- assessment and site security plan to the Ad- ate; or lease from an intentional act based on the ministrator for review in accordance with ‘‘(ii) have a substantial adverse effect on factors described in subparagraph (C)(iii). deadlines established by the Administrator. critical infrastructure, public health or safe- ‘‘(ii) FAILURE BY STATE TO BRING ENFORCE- ‘‘(2) STANDARD OF REVIEW.—The Adminis- ty, or the environment. MENT ACTION.— trator shall review each vulnerability assess- ‘‘(4) COORDINATION.—As part of its emer- ‘‘(I) IN GENERAL.—If, in a State with an ap- ment and site security plan submitted under gency response plan, the owner or operator proved program under section 402, the Ad- this subsection and— of a treatment works shall provide appro- ministrator determines that the owner or op- ‘‘(A) if the assessment or plan has a signifi- priate information to any local emergency erator of a treatment works fails to imple- cant deficiency described in paragraph (3), planning committee, local law enforcement ment a method to reduce the consequences of require the owner or operator of the treat- officials, and local emergency response pro- a chemical release from an intentional act ment works to correct the deficiency; or viders to ensure an effective, collective re- (as required by the State or the Adminis- ‘‘(B) approve such assessment or plan. sponse. trator under subparagraph (C)(ii) or the Ad- ‘‘(3) SIGNIFICANT DEFICIENCY.—A vulner- ‘‘(f) ROLE OF EMPLOYEES.— ministrator under clause (i)(II)), the Admin- ability assessment or site security plan of a ‘‘(1) DESCRIPTION OF ROLE.—Site security istrator shall notify the State and the owner treatment works has a significant deficiency plans and emergency response plans required or operator of the treatment works. under this subsection if the Administrator, under this section shall describe the appro- ‘‘(II) ADMINISTRATIVE ENFORCEMENT AC- in consultation, as appropriate, with a State priate roles or responsibilities that employ- TION.—If, after 30 days after the notification with an approved program under section 402, ees and contractor employees of treatment described in subclause (I), the State has not determines that— works are expected to perform to deter or re- commenced appropriate enforcement action, ‘‘(A) such assessment does not comply with spond to the intentional acts identified in a the Administrator shall notify the State and the regulations promulgated under sub- current vulnerability assessment. may commence an enforcement action section (b); or ‘‘(2) TRAINING FOR EMPLOYEES.—The owner against the owner or operator of the treat- ‘‘(B) such plan— or operator of a treatment works identified ment works, including by seeking or impos- ‘‘(i) fails to address vulnerabilities identi- under subsection (a)(1) shall annually pro- ing civil penalties under subsection (j), to re- fied in a vulnerability assessment; or vide employees and contractor employees quire implementation of such method. ‘‘(ii) fails to meet applicable risk-based with the roles or responsibilities described in ‘‘(4) CONSULTATION WITH STATE AUTHORI- performance standards. paragraph (1) with sufficient training, as de- TIES.—In developing the regulations under ‘‘(4) IDENTIFICATION OF DEFICIENCIES.—If the termined by the Administrator, on carrying this subsection, the Administrator shall con- Administrator identifies a significant defi- out those roles or responsibilities. sult with States with approved programs ciency in the vulnerability assessment or ‘‘(3) EMPLOYEE PARTICIPATION.—In devel- under section 402. site security plan of an owner or operator of oping, revising, or updating a vulnerability ‘‘(5) CONSULTATION WITH OTHER PERSONS.— a treatment works under paragraph (3), the assessment, site security plan, and emer- In developing the regulations under this sub- Administrator shall provide the owner or op- gency response plan required under this sec- section, the Administrator shall consult erator with a written notification of the defi- tion, the owner or operator of a treatment with the Secretary of Homeland Security, ciency that— works shall include—

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12514 CONGRESSIONAL RECORD — HOUSE November 6, 2009 ‘‘(A) at least one supervisory and at least certified or recognized bargaining agent rep- ‘‘(i) would be detrimental to the security of one nonsupervisory employee of the treat- resenting such employees, if any, or, if none, a treatment works if disclosed; and ment works; and with at least one supervisory and at least ‘‘(ii) are developed by the Administrator, ‘‘(B) at least one representative of each one non-supervisory employee with roles and the State, or the treatment works for the certified or recognized bargaining agent rep- responsibilities under subsection (f)(1). purposes of this section. resenting facility employees or contractor ‘‘(D) PENALTIES.—Protected information, ‘‘(C) EXCLUSIONS.—For purposes of this employees with roles or responsibilities de- as described in paragraph (7), shall not be paragraph, protected information does not scribed in paragraph (1), if any, in a collec- shared except in accordance with the stand- include— tive bargaining relationship with the owner ards provided by the regulations under sub- ‘‘(i) information that is otherwise publicly or operator of the treatment works or with a paragraph (A). Whoever discloses protected available, including information that is re- contractor to the treatment works. information in knowing violation of the reg- quired to be made publicly available under ‘‘(g) MAINTENANCE OF RECORDS.—The owner ulations and orders issued under subpara- any law; or operator of a treatment works identified graph (A) shall be fined under title 18, United ‘‘(ii) information that a treatment works under subsection (a)(1) shall maintain an up- States Code, imprisoned for not more than has lawfully disclosed other than in accord- dated copy of its vulnerability assessment, one year, or both, and, in the case of a Fed- ance with this section; and site security plan, and emergency response eral officeholder or employee, shall be re- ‘‘(iii) information that, if disclosed, would plan on the premises of the treatment works. not be detrimental to the security of a treat- ‘‘(h) AUDIT; INSPECTION.— moved from Federal office or employment. ment works, including aggregate regulatory ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(3) TREATMENT OF INFORMATION IN ADJU- data that the Administrator determines ap- audit and inspect a treatment works identi- DICATIVE PROCEEDINGS.—In any judicial or propriate to describe compliance with the re- fied under subsection (a)(1), as necessary, for administrative proceeding, protected infor- quirements of this section and the Adminis- purposes of determining compliance with mation, as described in paragraph (7), shall trator’s implementation of such require- this section. be treated in a manner consistent with the ments. ‘‘(2) ACCESS.—In conducting an audit or in- treatment of sensitive security information spection of a treatment works under para- under section 525 of the Department of ‘‘(j) VIOLATIONS.—For the purposes of sec- graph (1), the Administrator shall have ac- Homeland Security Appropriations Act, 2007 tion 309 of this Act, any violation of any recess to the owners, operators, employees and (120 Stat. 1381). quirement of this section, including any reg- contractor employees, and employee rep- ‘‘(4) OTHER OBLIGATIONS UNAFFECTED.— ulations promulgated pursuant to this sec- resentatives, if any, of such treatment Nothing in this section amends or affects an tion, by an owner or operator of a treatment works. obligation of the owner or operator of a works described in subsection (a)(1) shall be ‘‘(3) CONFIDENTIAL COMMUNICATION OF IN- treatment works to— treated in the same manner as a violation of FORMATION; AIDING INSPECTIONS.—The Admin- ‘‘(A) submit or make available information a permit condition under section 402 of this istrator shall offer nonsupervisory employ- to employees of the treatment works, em- Act. ees of a treatment works the opportunity ployee organizations, or a Federal, State, ‘‘(k) REPORT TO CONGRESS.— confidentially to communicate information local, or tribal government agency under any ‘‘(1) PERIODIC REPORT.—Not later than 3 relevant to the compliance or noncompliance other law; or years after the effective date of the regula- of the owner or operator of the treatment ‘‘(B) comply with any other law. tions issued under subsection (b) and every 3 works with this section, including compli- ‘‘(5) CONGRESSIONAL OVERSIGHT.—Nothing years thereafter, the Administrator shall ance or noncompliance with any regulation in this section permits or authorizes the transmit to the Committee on Transpor- or requirement adopted by the Adminis- withholding of information from Congress or tation and Infrastructure of the House of trator in furtherance of the purposes of this any committee or subcommittee thereof. Representatives and the Committee on Envi- section. A representative of each certified or ‘‘(6) DISCLOSURE OF INDEPENDENTLY FUR- ronment and Public Works of the Senate a recognized bargaining agent described in NISHED INFORMATION.—Nothing in this sec- report on progress in achieving compliance subsection (f)(3)(B), if any, or, if none, a non- tion amends or affects any authority or obli- with this section. supervisory employee, shall be given an op- gation of a Federal, State, local, or tribal ‘‘(2) CONTENTS OF THE REPORT.—Each such portunity to accompany the Administrator agency to protect or disclose any record or report shall include, at a minimum, the fol- during the physical inspection of any treat- information that the Federal, State, local, or lowing: ment works for the purpose of aiding such tribal agency obtains from a treatment ‘‘(A) A generalized summary of measures inspection, if representatives of the treat- works or the Administrator under any other implemented by the owner or operator of a ment works will also be accompanying the law except as provided in subsection (d)(5). treatment works identified under subsection Administrator on such inspection. ‘‘(7) PROTECTED INFORMATION.— (a)(1) in order to meet each risk-based per- ‘‘(i) PROTECTION OF INFORMATION.— ‘‘(A) IN GENERAL.—For purposes of this sec- formance standard established by this sec- ‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF tion, protected information is any of the fol- tion. PROTECTED INFORMATION.—Protected infor- lowing: ‘‘(B) A summary of how the treatment mation shall— ‘‘(i) Vulnerability assessments and site se- works, differentiated by risk-based tier as- ‘‘(A) be exempt from disclosure under sec- curity plans under this section, including signment, are complying with the require- tion 552 of title 5, United States Code; and any assessment developed under subsection ments of this section during the period cov- ‘‘(B) not be made available pursuant to any (b)(3)(B). ered by the report and how the Adminis- State, local, or tribal law requiring disclo- ‘‘(ii) Documents directly related to the Ad- trator is implementing and enforcing such sure of information or records. ministrator’s review of assessments and requirements during such period, including— ‘‘(2) INFORMATION SHARING.— plans described in clause (i) and, as applica- ‘‘(i) the number of treatment works that ‘‘(A) IN GENERAL.—The Administrator shall ble, the State’s review of an assessment de- provided the Administrator with information prescribe such regulations, and may issue veloped under subsection (b)(3)(B). pursuant to subsection (b)(2)(B)(iii); such orders, as necessary to prohibit the un- ‘‘(iii) Documents directly related to inspec- ‘‘(ii) the number of treatment works as- authorized disclosure of protected informa- tions and audits under this section. signed to each risk-based tier; tion, as described in paragraph (7). ‘‘(iv) Orders, notices, or letters regarding ‘‘(iii) the number of vulnerability assess- ‘‘(B) SHARING OF PROTECTED INFORMATION.— the compliance of a treatment works de- ments and site security plans submitted by The regulations under subparagraph (A) scribed in subsection (a)(1) with the require- treatment works; shall provide standards for and facilitate the ments of this section. ‘‘(iv) the number of vulnerability assess- appropriate sharing of protected information ‘‘(v) Information required to be provided ments and site security plans approved or with and among Federal, State, local, and to, or documents and records created by, the found to have a significant deficiency under tribal authorities, first responders, law en- Administrator under subsection (b)(2). subsection (d)(2) by the Administrator; forcement officials, supervisory and non- ‘‘(vi) Documents directly related to secu- ‘‘(v) the number of treatment works with- supervisory treatment works personnel with rity drills and training exercises, security out approved vulnerability assessments or security, operational, or fiduciary responsi- threats and breaches of security, and main- site security plans; bility for the system designated by the tenance, calibration, and testing of security ‘‘(vi) the number of treatment works that owner or operator of the treatment works, equipment. have been assigned to a different risk-based and facility employee representatives des- ‘‘(vii) Other information, documents, and tier due to implementation of a method to ignated by the owner or operator of the records developed for the purposes of this reduce the consequences of a chemical re- treatment works, if any. section that the Administrator determines lease from an intentional act and a descrip- ‘‘(C) INFORMATION SHARING PROCEDURES.— would be detrimental to the security of a tion of the types of such implemented meth- Such standards shall include procedures for treatment works if disclosed. ods; the sharing of all portions of the vulner- ‘‘(B) DETRIMENT REQUIREMENT.—For pur- ‘‘(vii) the number of audits and inspections ability assessment and site security plan of a poses of clauses (ii), (iii), (iv), (v), and (vi) of conducted by the Administrator; and treatment works relating to the roles and re- subparagraph (A), the only portions of docu- ‘‘(viii) any other regulatory data the Ad- sponsibilities of the employees or contractor ments, records, orders, notices, and letters ministrator determines appropriate to de- employees of a treatment works under sub- that shall be considered protected informa- scribe the compliance of owners or operators section (f)(1) with a representative of each tion are those portions that— of treatment works with the requirements of

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12515 this section and the Administrator’s imple- such time, in such form, and with such assur- Page 23, line 1, strike ‘‘under’’ and insert mentation of such requirements. ances as the Administrator may require. ‘‘pursuant to’’. ‘‘(3) PUBLIC AVAILABILITY.—A report sub- ‘‘(m) PREEMPTION.—This section does not Page 24, line 11, strike ‘‘is’’. mitted under this section shall be made pub- preclude or deny the right of any State or Page 30, line 22, strike ‘‘that’’ and insert licly available. political subdivision thereof to adopt or en- ‘‘who’’. ‘‘(l) GRANTS FOR VULNERABILITY ASSESS- force any regulation, requirement, or stand- Page 34, line 9, strike ‘‘the period of’’. MENTS, SECURITY ENHANCEMENTS, AND WORK- ard of performance with respect to a treat- Page 36, line 8, strike ‘‘information’’ and ER TRAINING PROGRAMS.— ment works that is more stringent than a insert ‘‘to the Secretary in a timely manner, ‘‘(1) IN GENERAL.—The Administrator may regulation, requirement, or standard of per- information’’. make a grant to a State, municipality, or formance under this section. Page 36, line 9, strike ‘‘in a timely man- intermunicipal or interstate agency— ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.— ner’’. ‘‘(A) to conduct or update a vulnerability There is authorized to be appropriated to the Page 38, line 17, insert ‘‘departmental’’ assessment, site security plan, or emergency Administrator $200,000,000 for each of fiscal after ‘‘seek’’. response plan for a publicly owned treatment years 2010 through 2014 for making grants Page 38, line 17, strike ‘‘within the Depart- works identified under subsection (a)(1); under subsection (l). Such sums shall remain ment’’. ‘‘(B) to implement a security enhancement available until expended. Page 39, line 24, strike ‘‘that’’ and insert at a publicly owned treatment works identi- ‘‘(o) RELATION TO CHEMICAL FACILITY SECU- ‘‘who’’. fied under subsection (a)(1), including a RITY REQUIREMENTS.—Title XXI of the Home- Page 39, line 25, insert a comma after ‘‘sub- method to reduce the consequences of a land Security Act of 2002 and the amend- section (a)’’. chemical release from an intentional act, ments made by title I of the Chemical and Page 40, line 15, strike ‘‘, profit’’ and insert identified in an approved site security plan Water Security Act of 2009 shall not apply to ‘‘, for-profit’’. and listed in paragraph (2); any treatment works.’’. Page 46, line 16, strike ‘‘protected informa- ‘‘(C) to implement an additional security tion is any of the following’ ’’’ and insert enhancement at a publicly owned treatment The Acting CHAIR. No amendment ‘‘the term ‘protected information’ means any works identified under subsection (a)(1), in- to that amendment shall be in order of the following’’. cluding a method to reduce the consequences except those printed in part B of the Page 46, line 22, strike ‘‘determines’’ and of a chemical release from an intentional report. Each amendment may be of- insert ‘‘has determined by regulation’’. act, identified in an approved site security fered only in the order printed in the Page 48, strike lines 3 through 17 and insert plan; and report, by a Member designated in the the following: ‘‘(D) to provide for security-related train- report, shall be considered read, shall ‘‘(2) EXCLUSIONS.—Notwithstanding para- ing of employees or contractor employees of graph (1), the term ‘protected information’ the treatment works and training for first be debatable for the time specified in does not include— responders and emergency response pro- the report, equally divided and con- ‘‘(A) information, other than a security viders. trolled by the proponent and an oppo- vulnerability assessment or site security ‘‘(2) GRANTS FOR SECURITY ENHANCE- nent, shall not be subject to amend- plan, that the Secretary has determined by MENTS.— ment, and shall not be subject to a de- regulation to be— ‘‘(A) PREAPPROVED SECURITY ENHANCE- mand for division of the question. ‘‘(i) appropriate to describe facility compli- MENTS.—The Administrator may make a ance with the requirements of this title and AMENDMENT NO. 1 OFFERED BY MR. THOMPSON grant under paragraph (1)(B) to implement a the Secretary’s implementation of such re- OF MISSISSIPPI security enhancement of a treatment works quirements; and for one or more of the following: The Acting CHAIR. It is now in order ‘‘(ii) not detrimental to chemical facility ‘‘(i) Purchase and installation of equip- to consider amendment No. 1 printed in security if disclosed; or ment for access control, intrusion prevention part B of House Report 111–327. ‘‘(B) information, whether or not also con- and delay, and detection of intruders and Mr. THOMPSON of Mississippi. Mr. tained in a security vulnerability assess- hazardous or dangerous substances, includ- Chair, I have an amendment at the ment, site security plan, or in a document, ing— desk. record, order, notice, or letter, or portion ‘‘(I) barriers, fencing, and gates; thereof, described in subparagraph (B) or (C) ‘‘(II) security lighting and cameras; The Acting CHAIR. The Clerk will designate the amendment. of paragraph (1), that is obtained from an- ‘‘(III) metal grates, wire mesh, and outfall other source with respect to which the Sec- entry barriers; The text of the amendment is as fol- retary has not made a determination under ‘‘(IV) securing of manhole covers and fill lows: either such subparagraph, including— and vent pipes; Amendment No. 1 offered by Mr. THOMPSON ‘‘(i) information that is required to be ‘‘(V) installation and re-keying of doors of Mississippi: made publicly available under any other pro- and locks; and Page 5, beginning on line 22, strike vision of law; and ‘‘(VI) smoke, chemical, and explosive mix- ‘‘counter surveillance’’ and insert ‘‘counter- ‘‘(ii) information that a chemical facility ture detection systems. surveillance’’. has lawfully disclosed other than in a sub- ‘‘(ii) Security improvements to electronic, Page 7, beginning on line 2, strike ‘‘. Any mission to the Secretary pursuant to a re- computer, or other automated systems and such plan shall include’’ and insert ‘‘, includ- quirement of this title. remote security systems, including control- ing’’. Page 54, line 3, strike ‘‘of’’ and insert ling access to such systems, intrusion detec- Page 7, line 19, strike ‘‘Department’’ and ‘‘after’’. tion and prevention, and system backup. insert ‘‘Secretary’’. Page 63, line 7, strike ‘‘1996’’ and insert ‘‘(iii) Participation in training programs Page 8, line 2, strike ‘‘chemicals’’ and in- ‘‘1986’’. and the purchase of training manuals and sert ‘‘a substance of concern’’. Page 75, line 13, strike ‘‘Department’’ and guidance materials relating to security. Page 8, line 4, insert ‘‘and’’ after the insert ‘‘Secretary’’. ‘‘(iv) Security screening of employees or comma. Page 92, line 23, insert ‘‘and resubmit’’ contractor support services. Page 9, line 5, strike ‘‘Department’’ and in- after ‘‘update’’. ‘‘(B) ADDITIONAL SECURITY ENHANCE- sert ‘‘Secretary’’. Page 93, beginning on line 10, strike ‘‘(or, if MENTS.—The Administrator may make a Page 9, line 9, strike ‘‘in’’ and insert ‘‘at’’. the system has already developed an emer- grant under paragraph (1)(C) for additional Page 9, line 10, strike ‘‘site’’ and insert gency response plan, to revise the plan to be security enhancements not listed in subpara- ‘‘covered chemical facility’’. in accordance with this section)’’ and insert graph (A) that are identified in an approved Page 10, line 6, insert a comma after ‘‘or, if the system has already developed an site security plan. The additional security ‘‘plan’’. emergency response plan, to revise the plan enhancements may include the implementa- Page 17, line 3, insert ‘‘chemical’’ after to be in accordance with this section,’’. tion of a method to reduce the consequences ‘‘designation of a’’. Page 110, beginning on line 2, strike ‘‘com- of a chemical release from an intentional Page 17, line 3, insert ‘‘as a substance’’ mence an enforcement action against the act. after ‘‘substance’’. system, including by seeking or imposing ‘‘(C) LIMITATION ON USE OF FUNDS.—Grants Page 17, line 4, insert ‘‘for the substance’’ civil penalties’’ and insert ‘‘take appropriate under this subsection may not be used for after ‘‘quantity’’. enforcement action’’. personnel costs or operation or maintenance Page 17, line 8, strike ‘‘may at any time’’ Page 115, beginning on line 22, strike ‘‘, as of facilities, equipment, or systems. and insert ‘‘may, at any time,’’. described in paragraph (7)’’. ‘‘(D) FEDERAL SHARE.—The Federal share Page 18, line 10, insert a comma after ‘‘con- Page 116, beginning on line 21, strike ‘‘, as of the cost of activities funded by a grant cern’’. described in paragraph (7),’’. under paragraph (1) may not exceed 75 per- Page 18, line 22, strike the comma after Page 117, beginning on line 9, strike ‘‘, as cent. ‘‘representative’’. described in paragraph (7),’’. ‘‘(3) ELIGIBILITY.—To be eligible for a grant Page 19, line 6, strike ‘‘this title’’ and in- Page 117, line 22, insert ‘‘provision of’’ be- under this subsection, a State, municipality, sert ‘‘this section’’. fore ‘‘law’’. or intermunicipal or interstate agency shall Page 22, line 3, insert ‘‘, as determined by Page 117, line 23, insert ‘‘provision of’’ be- submit information to the Administrator at the Secretary,’’ after ‘‘geographically close’’. fore ‘‘law’’.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12516 CONGRESSIONAL RECORD — HOUSE November 6, 2009 Page 118, line 10, insert ‘‘provision of’’ be- ‘‘(ii) information, whether or not also con- intention regarding DHS’ indefinite ex- fore ‘‘law’’. tained in a security vulnerability assess- tension for farmers. Both committee Page 118, beginning on line 13, strike ‘‘pro- ment, site security plan, or in a document, reports filed on this bill speak to this tected information is any of the following’’ record, order, notice, or letter, or portion and insert ‘‘the term ‘protected information’ issue. thereof, described in any of clauses (ii) The Homeland Security report states means any of the following’’. through (vii) of subparagraph (A) that is ob- Page 119, line 17, strike ‘‘determines’’ and tained from another source with respect to that the Department has been appro- insert ‘‘has determined by regulation’’. which the Administrator has not made a de- priately sensitive to the concerns of Page 120, line 1, insert before ‘‘would’’ the termination under either subparagraph agricultural end users, farms and farm- following: ‘‘the Secretary has determined by (A)(vii) or (B), including— ers, regarding chemical security. The regulation’’ ‘‘(I) information that is required to be Energy and Commerce report states Page 120, strike lines 7 through 24 and in- made publicly available under any other pro- sert the following: that the committee does not intend for vision of law; and ‘‘(C) EXCLUSIONS.—Notwithstanding sub- this legislation to require the Depart- ‘‘(II) information that a treatment works paragraphs (A) and (B), the term ‘protected ment to deviate from its current plan has lawfully disclosed other than in a sub- information’ does not include— to address the security of agricultural mission to the Administrator pursuant to a ‘‘(i) information, other than a security vul- requirement of this title. end users on a separate timeline. nerability assessment or site security plan, Page 171, line 5, strike ‘‘the amendments Our position is clear. This legislation that the Administrator has determined by made by’’. in no way disturbs the current exten- regulation to be— The Acting CHAIR. Pursuant to the sion. That said, I am willing to explore ‘‘(I) appropriate to describe system compli- how we could make this bill clearer on ance with the requirements of this title and House Resolution 885, the gentleman the Administrator’s implementation of such from Mississippi (Mr. THOMPSON) and a this point as the legislation moves for- requirements; and Member opposed each will control 5 ward. Before I reserve the balance of my ‘‘(II) not detrimental to the security of one minutes. or more covered water systems if disclosed; The chair recognizes the gentleman time, I would like to take a moment to or from Mississippi. acknowledge the staff that has worked ‘‘(ii) information, whether or not also con- Mr. THOMPSON of Mississippi. Mr. so diligently and collaboratively to get tained in a security vulnerability assess- us to this day. On my staff, Chris Beck, ment, site security plan, or in a document, Chair, before discussing the specifics of my amendment, I would like to address Michael Beland, Michael Stroud, Brian record, order, notice, or letter, or portion Turbyfill, Rosaline Cohen, and Lanier thereof, described in any of clauses (ii) an argument that I expect we will hear through (vii) of subparagraph (A) that is ob- throughout the day. Avant; the Energy and Commerce Com- tained from another source with respect to The other side of the aisle seems to mittee team, led by Alison Cassidy and which the Administrator has not made a de- be arguing that the economy is so deli- Michael Freedhoff; and Ryan Seigert termination under either subparagraph cate that we simply cannot afford to on the Transportation and Infrastruc- (A)(vii) or (B), including— protect the American people from ter- ture Committee. ‘‘(I) information that is required to be With that, Mr. Chair, I reserve the made publicly available under any other pro- rorism. Democrats fundamentally reject that argument. In fact, we have balance of my time. vision of law; and Mr. BARTON of Texas. Mr. Chair- testimony from labor that this bill is ‘‘(II) information that a covered water sys- man, I rise in opposition to the man- no threat to jobs. They have testified tem has lawfully disclosed other than in a ager’s amendment. submission to the Administrator pursuant to ‘‘that the bill will have zero impact on a requirement of this title. The Acting CHAIR. The gentleman is employment.’’ recognized for 5 minutes. Page 121, line 3, strike ‘‘the amendments We also reject the Republicans’ argu- made by’’. Mr. BARTON of Texas. I yield myself Page 131, beginning on line 3, strike ment because if there is one thing the such time as I may consume. ‘‘threat of contamination of drinking water American people expect us to do, it is (Mr. BARTON of Texas asked and being distributed through public water sys- to ensure that the country is protected was given permission to revise and ex- tems, including fire main systems’’ and in- from terrorism. Some facility opera- tend his remarks.) sert ‘‘threat to drinking water posed by an tors may find it inconvenient to make Mr. BARTON of Texas. Mr. Chair- intentional act of contamination, and the their facilities more secure, but, frank- man, normally, you do not object, even vulnerability of public water systems, in- ly, the security of the American people cluding fire hydrants, to such a threat’’. in the minority, to a manager’s amend- Page 151, line 24, after ‘‘cause’’ and insert is more important. ment that supposedly is a technical ‘‘, or may be reasonably anticipated to My manager’s amendment makes a manager’s amendment, technical in na- cause,’’. number of technical and clerical cor- ture, so it is unusual for myself as the Page 161, line 12, insert ‘‘provision of’’ be- rections to the amendment in the na- ranking minority member of the En- fore ‘‘law’’. ture of a substitute. My amendment ergy and Commerce Committee to rise Page 161, line 13, insert ‘‘provision of’’ be- clarifies the types of information we fore ‘‘law’’. in opposition to this particular amend- Page 161, line 25, insert ‘‘provision of’’ be- were excluding from the definition of ment. But I am doing so for one reason: fore ‘‘law’’. protected information. It is not a technical amendment. Page 162, beginning on line 3, strike ‘‘pro- Specifically, it clarifies that DHS Now, here is the manager’s amend- tected information is any of the following’’ cannot include in the definition of pro- ment; and, if you could read it, for the and insert ‘‘the term ‘protected information’ tected information any information first two to three pages, it is very tech- means any of the following’’. that, number one, is required to be Page 163, beginning on line 6, strike ‘‘de- nical. It is just changing one word here termines’’ and insert ‘‘has determined by made publicly available under any or there, or putting a sentence here, or regulation’’. other law, or information that a chem- a semicolon, or something like that. Page 163, line 15, before ‘‘would’’ insert the ical facility has lawfully disclosed But then you get down to the bottom following: ‘‘the Secretary has determined by under another law. DHS can determine the third page, and I am going to read regulation’’. by regulation that certain information this so that the distinguished chairman Strike line 20 on page 163 and all that fol- provided for compliance purposes is not lows through page 164, line 13, and insert the of the Homeland Security Committee, following: protected. This information may in- the gentleman from Mississippi, under- ‘‘(C) EXCLUSIONS.—Notwithstanding sub- clude summary data on the number of stands exactly what the opposition is. paragraphs (A) and (B), the term ‘protected facilities that have submitted site se- ‘‘Page 48, strike lines 3 through 17 information’ does not include— curity plans or the number of enforce- and insert the following:’’ ‘‘(i) information, other than a security vul- ment actions taken, so long as infor- So we are getting away from a tech- nerability assessment or site security plan, mation detrimental to chemical secu- nical amendment and you are actually that the Administrator has determined by rity is not disclosed. This clarification putting substantive policy into the regulation to be— is made in all three titles. manager’s amendment. ‘‘(I) appropriate to describe treatment ‘‘Exclusions. Notwithstanding para- works compliance with the requirements of I urge support of this clarifying this title and the Administrator’s implemen- amendment. graph 1, the term ‘protected informa- tation of such requirements; and I would also like to address an issue tion’ does not include (A) information, ‘‘(II) not detrimental to the security of one that seems to have come up yesterday. other than a security vulnerability as- or more treatment works if disclosed; or There was a question about the bill’s sessment or site security plan, that the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12517 Secretary has determined by regula- tleman from Massachusetts (Mr. MAR- Mr. BARTON of Texas. Mr. Chair- tion to be (i) appropriate to describe KEY). man, I demand a recorded vote, and the facility compliance with the re- Mr. MARKEY of Massachusetts. I pending that, I make the point of order quirements of this title and the Sec- thank the gentleman for his excellent that a quorum is not present. retary’s implementation of such re- work on this legislation. We are not The Acting CHAIR. Pursuant to quirements; and (ii) not detrimental to talking here about an environmental clause 6 of rule XVIII, further pro- the chemical facility security if dis- bill. We are talking about a security ceedings on the amendment offered by closed; or,’’ and this is where it gets bill. We are talking about the targets the gentleman from Mississippi will be really interesting, ‘‘(B) information, which we know al Qaeda has on their postponed. whether or not contained in the secu- target list. That’s what this whole de- The point of no quorum is considered rity vulnerability assessment, site se- bate is about. It’s to protect the Amer- withdrawn. curity plan, or in a document, record, ican people from the attempts by al PARLIAMENTARY INQUIRIES order, notice, or letter, or portion Qaeda to come back to our country and Mr. BARTON of Texas. Parliamen- thereof, described in subparagraph (B) to strike us once again, and we must tary inquiry, Mr. Chair. or (C) of paragraph (1), that is obtained protect against that attack. That’s all The Acting CHAIR. The gentleman from another source.’’ this debate is about. from Texas will state his inquiry. So what we are doing here, Mr. It’s not any attempt to have an envi- Mr. BARTON of Texas. Mr. Chair, Chairman, is saying, as the distin- ronmental agenda here at all. It is sole- would it not be parliamentarily correct guished chairman said, we don’t want ly to ensure that al Qaeda cannot at- to now call for the yeas and nays on to try to give the Department of Home- tack us in our country and to put in that vote since we requested it? land Security the ability to prevent in- place the same protections at chemical The Acting CHAIR. The yeas and formation that has already been pub- facilities that we now have at airports, nays are not available in the Com- licly disclosed by somebody we regu- that we now have at nuclear power mittee of the Whole. late as part of the site security plan. plants. That is all that this debate is Mr. BARTON of Texas. Further par- But then they are creating this new about, and I urge support for the man- liamentary inquiry, so I will have to loophole, that if a group that is not ager’s amendment propounded by Mr. ask for that when we come back into controlled by Homeland Security THOMPSON of Mississippi. the Whole House? somehow gets information, they can Mr. BARTON of Texas. Can I inquire The Acting CHAIR. Pursuant to publish it. They can put it on their how much time I have remaining. clause 6 of rule XVIII, the request for a Web site, and they’re not liable. The Acting CHAIR. Both sides have recorded vote on the amendment of- b 1345 30 seconds remaining. fered by the gentleman from Mis- They are not subject to the penalties. Mr. BARTON of Texas. I assume sissippi was postponed. That’s wrong, Mr. Chair. That’s just Chairman THOMPSON has the right to AMENDMENT NO. 2 OFFERED BY MR. BARTON OF wrong. It does it in not only one place. close? TEXAS These are three different bills that The Acting CHAIR. The gentleman The Acting CHAIR. It is now in order were merged. It goes on in other parts from Texas actually has the right to to consider amendment No. 2 printed in of the manager’s amendment and close. part B of House Report 111–327. makes those same changes in two to Mr. BARTON of Texas. Well, I will Mr. BARTON of Texas. Mr. Chair, I three other places. That’s not a tech- let Mr. THOMPSON close. have an amendment at the podium. nical manager’s amendment. That’s a In the remaining 30 seconds, let me The Acting CHAIR. The Clerk will substantive policy change that’s detri- simply say that I agree with what Mr. designate the amendment. mental to the security, in my opinion, MARKEY said, but I will also say to the The text of the amendment is as fol- of the United States of America. gentleman from Massachusetts that lows: this bill doesn’t do any of that. I wish So while it is somewhat unusual to Amendment No. 2 offered by Mr. BARTON of object to the manager’s amendment we were debating a true safety bill, a Texas: that’s portrayed as a technical amend- true antiterrorism bill, but inherently Page 43, strike lines 7 through 16, and in- ment, this is not a technical amend- safer technology deals with processes sert the following: ment—or at least those portions of it. and chemical manufacturing. It doesn’t ‘‘SEC. 2109. FEDERAL PREEMPTION. So I am very strongly in opposition to deal with real security. ‘‘No State or political subdivision thereof this. In Chairman THOMPSON’s manager’s may adopt or attempt to enforce any regula- I think on a day on which we have amendment, some of which is tech- tion, requirement, or standard of perform- another reported shooting in Orlando, nical, the part that I oppose is a glar- ance with respect to a covered chemical fa- ing creation of a loophole to give envi- cility if such regulation, requirement, or Florida, which may or may not be of a standard of performance poses obstacles to, terrorist nature, and a shooting at Fort ronmental groups and other outside hinders, or frustrates the purpose of any re- Hood, Texas, yesterday which was, we groups the ability to put information quirement or standard of performance under think, possibly of a terrorist nature, on their Web sites that’s not subject to this title. that if we’re going to have a terrorist the penalties of this bill. So I would op- Page 121, strike lines 6 through 11, and in- security bill on the floor for chemical pose the manager’s amendment. sert the following: plants and water facilities, it ought to I yield back the balance of my time. ‘‘(n) PREEMPTION.—No State or political be a real terrorist security bill. Mr. THOMPSON of Mississippi. To subdivision thereof may adopt or attempt to But the underlying bill is not about the ranking member, you are exactly enforce any regulation, requirement, or standard of performance with respect to a more guards and more physical secu- wrong on your definition. It does the covered water system if such regulation, re- rity and more computer protections, as exact opposite. It protects information, quirement, or standard of performance poses we said in the general debate yester- and that’s why we put it in there. It obstacles to, hinders, or frustrates the pur- day. The underlying bill is about en- was recommended by the Judiciary pose of any requirement or standard of per- forcing this new standard of IST, or in- Committee, and this is a security piece formance under this section. herently safer technology. In my opin- of legislation, not safety. I think if the Page 170, strike lines 17 through 22, and in- ion, it is a radical environmental bill Chair would recognize that, we would sert the following: ‘‘(m) PREEMPTION.—No State or political masquerading as a security bill. So I all be better. Mr. Chair, I yield back the balance of subdivision thereof may adopt or attempt to am strongly opposed to Mr. THOMP- enforce any regulation, requirement, or SON’s manager’s amendment because it my time. standard of performance with respect to a is a substantive policy amendment, in The Acting CHAIR. The question is treatment works if such regulation, require- my opinion, that fundamentally weak- on the amendment offered by the gen- ment, or standard of performance poses ob- ens the ostensible purpose of the bill. tleman from Mississippi (Mr. THOMP- stacles to, hinders, or frustrates the purpose With that, Mr. Chair, I reserve the SON). of any requirement or standard of perform- balance of my time. The question was taken; and the Act- ance under this section. Mr. THOMPSON of Mississippi. Mr. ing Chair announced that the ayes ap- The Acting CHAIR. Pursuant to Chair, I yield 1 minute to the gen- peared to have it. House Resolution 885, the gentleman

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12518 CONGRESSIONAL RECORD — HOUSE November 6, 2009 from Texas (Mr. BARTON) and a Mem- My amendment is very simple. It that you should lower your standards ber opposed each will control 5 min- would replace the State’s stringency and increase the risks of the citizens? utes. standard with provisions allowing the The Acting CHAIR. The time of the The Chair recognizes the gentleman Federal Government to preempt State gentleman has expired. from Texas. and local law that ‘‘hinder, pose obsta- Mr. MARKEY of Massachusetts. I Mr. BARTON of Texas. Thank you, cles to, or frustrate the purpose of the yield 30 additional seconds to the gen- Mr. Chair. Federal program.’’ This would allow tleman from New Jersey. The merged bill that’s before us gives the Federal Government to operate a Mr. PASCRELL. The New Jersey States the right, if they want to do truly national network to fight terror Turnpike, the FBI has ruled very spe- things that are more strict or different in the same way the Armed Forces are cifically that it is the most dangerous than in the pending bill, they have the coordinated through a central com- section in the whole country. We can’t right to do that. The Federal Govern- mand. protect ourselves? The volatile chemi- ment, which normally in a bill of this Mr. Chair, I have several other writ- cals that are on that site would put a sort there would be a Federal preemp- ten comments that I will submit for million people in jeopardy, God forbid, tion standard that would preempt the RECORD, but my amendment is if something happens. We need to raise States from doing things differently straightforward. It sets a Federal pre- Federal standards, not force States to than the Federal standard, this bill emption standard as opposed to the lower theirs. We can all agree. And I sets a floor but does not set a ceiling State-by-State or local stringency just got a letter from the National on what the States can do. standard under the current bill. Governors Association in total support So the amendment that we have be- With that, I reserve the balance of of this legislation, opposed to this fore us, Mr. Chair, does create the tra- my time. amendment; and they write in the let- ditional Federal preemption in these Mr. MARKEY of Massachusetts. I ter that the bill rifely clarifies that areas. There are three sections in to- rise to claim the 5 minutes in opposi- chemical facility antiterrorism stand- day’s bill that allow State, local, or tion to the Barton amendment. ards represent a floor, not a ceiling. tribal governments to enact more The Acting CHAIR. The gentleman is Mr. BARTON of Texas. Could I in- stringent laws and regulations from recognized for 5 minutes. quire as to the time I have remaining. chemical, drinking water and waste- Mr. MARKEY of Massachusetts. Mr. The Acting CHAIR. The gentleman water treatment facilities. This is not Chair, at this time I yield 2 minutes to from Texas has 2 minutes. only a new standard for chemical secu- the gentleman from New Jersey. Mr. BARTON of Texas. I yield 1 rity legislation. It is a new standard, Mr. PASCRELL. Thank you. The sec- minute to the gentleman from Penn- and I think a troubling standard, for tion which Mr. BARTON is referring to sylvania (Mr. DENT), a distinguished comprehensive security legislation. is on page 42 of the bill and extends Where did this come from? Like minority member of the Homeland Se- over to page 43. many other provisions in this legisla- curity Committee. Mr. Chair, I rise strongly against tion, the standard is borrowed directly Mr. DENT. Mr. Chair, I just wanted Ranking Member BARTON’s amendment from Federal environmental law, the to clarify one point. I understand the to the Chemical Facility Anti-Ter- Clean Air Act, the Solid Waste Dis- sensitivities in the State of New Jer- rorism Act of 2009. It would strip State posal Act and the Superfund law, to sey. It is a great State. But I do want preemption language out of this bill. name a few. to say that New Jersey IST assess- This so-called new stringency stand- Simply put, that’s what it would do. As ments are required. Implementation of ard appears only once in the Homeland a member of the Homeland Security IST is not required. The huge cost with Security Act of 2002. In there, it relates Committee, I worked hard to secure this legislation is in the implementa- to information protection, not to secu- language in this bill that protects the tion of IST. The legislation we’re con- rity operations. Allowing State, local, rights of States to mandate higher sidering here today goes far beyond or tribal governments to be more strin- chemical security standards than the New Jersey standards and would actu- gent in the context of national secu- Federal Government. ally require an IST implementation as rity, in my opinion, is problematic be- It is bizarre that you want to take well as the assessment, which will add cause it means that there will be no that right away from the States. It is an enormous cost and put a number of certainty associated with the Federal bizarre. Most of the time, you are al- jobs at risk. I just wanted to point that standard. ways fighting that we ignore States’ out for the record. Why have a Federal standard, Mr. rights. Here is a perfect example. In Mr. MARKEY of Massachusetts. I Chair, if any State, local, or tribal gov- fact, it is very clear in the Constitu- yield myself 2 minutes. ernment can supersede it? Proving my tion of the United States of America, This is a very simple principle that point, other national security laws, in- article VI, paragraph 2: the gentleman from New Jersey has cluding nuclear, hazmat, aviation and ‘‘This Constitution, and the Laws of been making reference to. Al Qaeda port security make the Federal Gov- the United States which shall be made was in Newark, New Jersey, on Sep- ernment the dominant regulator with in Pursuance thereof; and all Treaties tember 11. Al Qaeda was in Boston on clear Federal preemption standards. made, or which shall be made, under September 11. Al Qaeda attacked New In the 111th Congress, the Democrat the Authority of the United States, York City on September 11. If the Gov- majority specifically included Federal shall be the supreme Law of the Land; ernor of New York, if the Governor of preemption provisions in both the TSA and the Judges in every State shall be Massachusetts, if the Governor of New Authorization Act and the Coast Guard bound thereby, any Thing in the Con- Jersey wishes to promulgate stronger Authorization Act of 2010. These were stitution or Laws of any State to the regulations to protect the chemical fa- both security-related legislative vehi- Contrary notwithstanding.’’ cilities in their States, that should be cles. Mr. Chair, we should not import This is a very clear violation of that. their right. environmental provisions into security I have to say that I am surprised that law. Local pollution control is obvi- the Ranking Member, who hails from b 1400 ously much different than terrorism the proud State of Texas, would now They should be making the public protection and prevention. want to infringe on the right of the safety determination. Unlike local pollution problems, se- States to take extra steps. You know These people who rushed into the curity at chemical and water facilities what’s happened in New Jersey. We World Trade Center, these first re- does require national coordination. The have been the pioneers of being first on sponders, they’re firemen, they’re po- principle is simple: national problems this issue. We have stringent rules. No licemen from the local community. should have national solutions. This is part of the chemical industry has op- They’re health care workers from the why Federal preemption has always posed those rules. There is not one local community. They’re heroes. But been the norm in aviation security, nu- chemical facility that is opposed to while waiting for the Federal Govern- clear security, hazardous materials what has gone on in the State of New ment to come, it is the local public transportation security, and port secu- Jersey. What right does the Federal safety people who have to respond. If rity. Government have to come in and say they want to put stronger protections

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12519 around these facilities, knowing that al The Acting CHAIR. The question is mentation of the act so that they may Qaeda was there on September 11th al- on the amendment offered by the gen- update their emergency planning and ready, that that is where the attack tleman from Texas (Mr. BARTON). training procedures. emanated from, they should have their The question was taken; and the Act- I know that Chairman THOMPSON right. That is why the National Gov- ing Chair announced that the noes ap- would agree with the fact that many ernors Association opposes this amend- peared to have it. facilities that will be designated with ment. They should have, as the highest Mr. BARTON of Texas. Mr. Chair- significant risk through the implemen- public safety official in their States, man, I demand a recorded vote. tation of this legislation lie in commu- the right to determine how much pro- The Acting CHAIR. Pursuant to nities of significant economic need and tection they give to their citizens, how clause 6 of rule XVIII, further pro- vulnerability to chemical and contami- much extra measure of safety they give ceedings on the amendment offered by nant exposure. For this reason, many for their policemen, for their firemen, the gentleman from Texas will be post- of such areas are characterized as envi- for their public health officials who poned. ronmental justice communities. It is will have to rush in in the aftermath of AMENDMENT NO. 3 OFFERED BY MR. HASTINGS necessary that these communities be a successful attack. OF FLORIDA better empowered to strategically plan I urge a ‘‘no’’ vote on the Barton The Acting CHAIR. It is now in order for potential chemical releases and se- amendment. to consider amendment No. 3 printed in curity risks. Mr. Chairman, I reserve the balance part B of House Report 111–327. The fact is incidents like the 1984 of my time. Mr. HASTINGS of Florida. Mr. Chair- methyl isocyanate released from a Mr. BARTON of Texas. Mr. Chair- man, I have an amendment at the desk. chemical facility in Bhopal, India con- man, I yield myself the balance of my The Acting CHAIR. The Clerk will tinue to happen throughout the United time. designate the amendment. States on a smaller scale. Until we en- My friends, let’s be clear. I oppose The text of the amendment is as fol- force chemical release regulations and the underlying bill. I’m going to vote lows: take aggressive steps to protect vulner- ‘‘no’’ on the underlying bill. But if ASTINGS able environmental justice commu- we’re going to have a Federal bill, we Amendment No. 3 offered by Mr. H of Florida: nities, they will be at even greater risk ought to have a Federal bill. It should Page 65, after line 2, insert the following: for acts of terror. preempt the States. ‘‘(d) OUTREACH SUPPORT.— My friends on the other side are try- Also, the amendment designates a ‘‘(1) POINT OF CONTACT.—The Secretary specific point of contact for inter- ing to have it both ways. You want a shall designate a point of contact for the Ad- Federal bill that does lots of things ministrator of the Environmental Protection agency coordination to ensure greater that I don’t support, but then you want Agency, and the head of any other agency transparency when it comes to our to let the States that want to to go be- designated by the Secretary, with respect to oversight responsibilities as Members yond the Federal bill. If that’s the the requirements of this title. of Congress. This adjustment will en- case, you don’t need a Federal bill. I’d ‘‘(2) OUTREACH.—The Secretary shall, as sure that all agencies invoked by this appropriate, and in accordance with this legislation will cooperate as closely as be happy to let each State decide what title, inform State emergency response com- they wanted to do. possible. missions appointed pursuant to section 301(a) I appreciate the opportunity to offer I would point out to my good friend of the Emergency Planning and Community from New Jersey, who was such an ex- Right-To-Know Act of 1986 (42 U.S.C. 11001) this amendment, and I urge my col- cellent baseball player in our congres- and local emergency planning committees leagues to support the amendment and sional baseball game, that what has to appointed pursuant to section 301(c) of such the underlying legislation. be implemented in this bill is stronger Act, and any other entity designated by the Mr. Chairman, I reserve the balance than what currently exists in New Jer- Secretary, of the findings of the Office of of my time. sey. But if we don’t accept the Barton Chemical Facility Security so that such Mr. DENT. Mr. Chairman, I seek to commissions and committees may update claim time in opposition to the amend- amendment, New Jersey could go be- emergency planning and training procedures. yond what’s in this bill. And, again, if ment, though I am not necessarily op- The Acting CHAIR. Pursuant to you’re going to have a Federal system posed to the amendment. House Resolution 885, the gentleman for security, it should be a Federal sys- The Acting CHAIR. Without objec- from Florida (Mr. HASTINGS) and a tem. tion, the gentleman from Pennsylvania So I very respectfully ask my friends Member opposed each will control 5 is recognized for 5 minutes. on the majority to accept the Barton minutes. There was no objection. amendment, and if we are going to The Chair recognizes the gentleman Mr. DENT. This amendment requires have a Federal standard within a Fed- from Florida. the Secretary of Homeland Security to eral bill, let’s have a Federal standard Mr. HASTINGS of Florida. Mr. Chair- establish a point of contact with the in a Federal bill. man, I will be brief. I once again thank Administrator of the EPA. The amend- I ask for a ‘‘yes’’ vote on the Barton Chairman BENNIE THOMPSON for offer- ment also requires the Secretary to no- amendment. ing this vital legislation, and I thank tify State and local emergency plan- Mr. Chairman, I yield back the bal- him for supporting this amendment. ning committees of findings that may ance of my time. As Vice Chair of the House Perma- be necessary to update their emergency Mr. MARKEY of Massachusetts. Mr. nent Select Committee on Intelligence, plans. This amendment certainly en- Chairman, I yield the balance of my I commend the recognition of the po- courages the sharing of information time to the gentleman from New Jer- tential risks associated with our chem- with the appropriate people at the sey (Mr. PASCRELL). ical manufacturing and water treat- State and local level, those responsible Mr. PASCRELL. Mr. Chairman, this ment infrastructure. Securing these infor developing emergency planning and amendment is written so imprecisely dustries is vital not only to America’s training procedures. And while the bill that it could preempt the rights of economic viability, it is essential to envisions this type of information States and localities to pass or enforce the human security of surrounding sharing, the amendment certainly any State regulation or standard that communities. makes it explicit. Additionally, this applies to a chemical facility, such as My amendment will strengthen the bill requires a single point of contact worker safety laws or even zoning laws. Office of Chemical Facility Security for the EPA Administrator. Try that on for size. One could even created by designating a specific point Knowing how bad bureaucracy can read the language as prohibiting States of contact for interagency coordination be, we certainly understand the need of from passing stronger drinking water with the Environmental Protection legislating communication between standards. Agency and other agencies. This two agencies and ensuring that State This is an unacceptable infringement amendment also requires the Secretary and local first responders are included on the right of States. I urge my col- to proactively inform State Emergency in these information-sharing regimes. leagues to vote ‘‘no’’ on this amend- Response Commissions and Local And I should point out that my good ment. Please vote ‘‘no’’ on this amend- Emergency Planning Committees friend Mr. PASCRELL from New Jersey ment. about activities related to the imple- has a smile on his face still from the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12520 CONGRESSIONAL RECORD — HOUSE November 6, 2009 New York Yankees’ victory over my the bill is a so-called solution in search lished has led the Secretary of Home- Philadelphia Phillies. I had to get that of a problem. land Security to state on the record off my chest after the ribbing you gave The majority will argue that chem- that it was an unachievable goal. A me yesterday, along with our good ical facilities need to be secure. We Democrat-imposed 100 percent aviation friend Mr. KING. And, again, congratu- agree. That’s why we acted swiftly 3 cargo-scanning mandate legislated be- lations. It still hurts. I’m a Phillies years ago to give the Department of fore any feasibility studies were com- fan. Homeland Security the regulatory au- pleted has led the Acting Adminis- Mr. Chairman, I yield back the bal- thority it needed to secure them. In trator of the TSA to state on the ance of my time. the 3 years since, the Department has record that it cannot be done. Requir- Mr. HASTINGS of Florida. Mr. Chair- taken steps to implement that authoring costly IST assessments and manda- man, I yield the balance of my time to ity, but it is far from complete. tory implementation and then study- the distinguished subcommittee Chair, As of last week, the Department of ing its effect on the agricultural sector Mr. PASCRELL. Homeland Security had not reviewed and small business is equally ill-ad- Mr. PASCRELL. Mr. Chair, this two-thirds of the over 6,000 security vised. amendment I support gives effective vulnerability assessments it required If it isn’t broken, don’t fix it. And as coordination, which we certainly had regulated facilities to submit based on Chairman THOMPSON said, the Depart- been lacking, between the Department regulations it issued in June of 2007. ment of Homeland Security is doing a of Homeland Security and Environ- The addition of drinking water and ‘‘good job.’’ Let them finish their work, mental Protection Agency in carrying wastewater facilities by titles II and III learn from the process, and consider out the requirements of the bill. In of this bill will double the 6,000 secu- this legislation. committee, we worked to require the rity vulnerability assessments already Mr. Chairman, I reserve the balance Department of Homeland Security, Mr. required by the Department. We are of my time. Chairman, to alert State Homeland ad- asking too much of the Department too b 1415 visers on any chemical security emer- soon. gencies. This is a big relief, as my The bill proposes to nearly double Ms. JACKSON-LEE of Texas. Mr. friend from Pennsylvania said. And I the Department’s workload. The De- Chairman, I rise to claim the time in want to reiterate and support his words partment should be allowed to fully opposition. that this will be a great big help to implement its existing regulatory au- The Acting CHAIR. The gentlewoman first responders all across this United thority. By all accounts, including is recognized for 5 minutes. States of America. those of the Democratic majority, the Ms. JACKSON-LEE of Texas. Mr. The Acting CHAIR. The question is Department is doing an excellent job Chairman, first of all, let me thank on the amendment offered by the gen- implementing its current regulatory Chairman THOMPSON for years of com- tleman from Florida (Mr. HASTINGS). framework. mitment to this process, listening to The amendment was agreed to. In the committee hearing on the sub- our friends from the other side of the AMENDMENT NO. 4 OFFERED BY MR. DENT ject this past June, Chairman THOMP- aisle. Frankly, I remember sitting in The Acting CHAIR. It is now in order SON stated, ‘‘As a close observer, I give Cannon room 311 when we were in the to consider amendment No. 4 printed in credit to the Department for the good minority and the cooperation we part B of House Report 111–327. job it has done so far in promulgating worked through when we were dealing Mr. DENT. Mr. Chairman, I offer an and enforcing the CFATS regulations.’’ with our farmers. Each step of the way, amendment. We agree with him. we made efforts to be responsive to the The Acting CHAIR. The Clerk will Why are we here today looking to security of the Nation and the ele- designate the amendment. make significant and costly changes to ments to which my good friends speak The text of the amendment is as fol- the manner in which the Department is of. lows: regulating chemical facilities if, as the Let me also mention our other col- laborators, Energy and Commerce, Amendment No. 4 offered by Mr. DENT: chairman himself has said, the Depart- Page 2, beginning on line 1, strike title I ment is doing a ‘‘good job’’? Chairman MARKEY, and my sub- and insert the following (and conform the Despite the fact that the Department committee of Transportation and In- table of contents accordingly): has yet to conduct a single onsite infrastructure which had any number of TITLE I—CHEMICAL FACILITY SECURITY spection, not a single one, the majority hearings to answer the question: Why? SEC. 101. SHORT TITLE. seeks to halt the progress the Depart- So I stand here today in the backdrop This Act may be cited as the ‘‘Chemical ment has made and start over with new of recognizing the importance of secur- Facility Security Authorization Act of 2009’’. costly and burdensome requirements. ing the Nation. And I am proud to have SEC. 102. EXTENSION OF AUTHORITY OF SEC- This amendment maintains the cur- co-authored H.R. 2868 and to pass it RETARY OF HOMELAND SECURITY rent authorizing language, requiring through the subcommittee I chair, be- TO REGULATE THE SECURITY OF security vulnerability assessments, fore full committee. CHEMICAL FACILITIES. Might I just indicate for a moment Section 550(b) of the Department of Home- site security plans, and enforcement. land Security Appropriations Act, 2007 (Pub- But it does not include costly IST as- that I come from Texas, and I would be lic Law 109–295; 6 U.S.C. 121 note) is amended sessments or mandatory implementa- remiss not to acknowledge the devasta- by striking ‘‘three years after the date of en- tion that will cost Americans their tion of yesterday. Of course, we have actment of this Act’’ and inserting ‘‘on Octo- jobs. It does not include civil suit pro- heard of another tragedy today in Flor- ber 1, 2012’’. visions that would allow any person, ida. But my sympathy to the families The Acting CHAIR. Pursuant to whether in Peoria or Pakistan, the au- of the 13 dead and 31 wounded. Never House Resolution 885, the gentleman thority to sue the Secretary and the again. That is why we stand here today from Pennsylvania (Mr. DENT) and a Department of Homeland Security. It as Homeland Security members. Member opposed each will control 5 does not include weakened information The gentleman’s amendment would minutes. protection language that makes pros- extend the current chemical security The Chair recognizes the gentleman ecution for unauthorized disclosures program for another 3 years without from Pennsylvania. nearly impossible. any of the security enhancements we Mr. DENT. Mr. Chairman, I am offer- This amendment would maintain the included in H.R. 2868. ing this amendment on behalf of myself drinking and wastewater security ti- Section 550 of the fiscal year 2007 ap- and Mr. OLSON. tles of the bill. When will the Demo- propriations, a provision that the gen- This amendment would simply strike cratic leadership recognize that mov- tleman from Pennsylvania is seeking title I and extend the Department’s ing precipitously in unchartered terri- to extend, was just a page-and-a-half current regulatory authority until Oc- tory through legislation is ill-advised long and had many deficiencies. He is tober 2012. Simply, it extends the cur- and a rush to judgment? A Democrat- eliminating the inherently secure tech- rent CFATS regulations until 2012. imposed 100 percent maritime cargo- nology for chemical facilities, the very This amendment addresses the larg- scanning mandate legislated before the facilities that are in the eye of the est problem of the underlying bill, that results of a pilot program were pub- storm. He apparently does not believe

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12521 it is important to protect workers, to guished cosponsor of this amendment, them some time. The Department of improve the program so that the defi- the gentleman from Texas (Mr. OLSON). Homeland Security has not spoken in ciencies in the current chemical facili- Mr. OLSON. I thank the gentleman support of this legislation in its en- ties security program by including pro- for yielding, and I thank him for spon- tirety. Again, this bill is a solution in visions that strengthen enforcement to soring this amendment with me and for search of a problem. Please accept the provide workers subject to background his leadership on this issue. Dent-Olson amendment that is a rea- checks with access to adequate redress Two years ago, the Department of sonable approach, accepting the regu- and strengthen whistleblower protec- Homeland Security began developing lations that we just approved as part of tions. the chemical facility anti-terrorism the Homeland Security appropriations Our challenge is to be fair. This legis- standards, and since that time DHS has bill. So let’s do that. It is the right way lation is fair. We must pass H.R. 2868. implemented an objective, risk-based to go. Mr. Chair, I rise to claim time in opposition approach to regulating chemical facili- I yield back the balance of my time. to the amendment offered by the gentleman ties. This includes a risk-based tiering Ms. JACKSON-LEE of Texas. Mr. from Pennsylvania. system for chemical plants and re- Chairman, I rise again to oppose this Mr. Chair, I oppose this amendment. quires them to implement specific se- amendment. The gentleman’s amendment would extend curity measures in accordance with Mr. Chairman, we have worked for 4 the current chemical security program for an- their level of risk. years on this legislation. Can you other 3 years without any of the security en- While much progress has been made, imagine 2009 to 2012, 7 years to put the hancements we included in H.R. 2868. I urge much remains to be done. Instead of al- American people in jeopardy. The De- my colleagues to oppose it. lowing the work to be completed prop- partment of Homeland Security is for The Department of Homeland Security set erly, the majority wishes to rush to so- this legislation, and the approach that up the Chemical Facility Anti-Terrorism Stand- lutions and mandate that DHS scrap our friends are using is no substitute ards in 2007 when DHS was granted narrow the current program and start over. for the comprehensive authorization authority in an appropriations bill to regulate Such a move would take 2 years of hard legislation that moved through regular security at most chemical plants. work and throw it out the window. order in the relevant committees this Section 550 of the Fiscal Year 2007 Appro- Our amendment is simple: Extend the year. current risk-based regulations through priations Act—the provision that the gentleman H.R. 2868 is a product of years of 2012 and let the professionals do their from Pennsylvania is seeking to extend—was work by multiple committees and ex- job. Nothing more, nothing less. tensive input from the chemical indus- just 14 lines long and had many deficiencies. I urge Members to support the Dent- It is no substitute for the comprehensive au- try. Let me cite for you the letter from Olson amendment. thorization legislation that moved through reg- Ms. JACKSON-LEE of Texas. I re- the American Chemistry Council which ular order in the relevant committees this year. serve the balance of my time. represents the largest chemical compa- H.R. 2868 is the product of years of work by Mr. DENT. Mr. Chairman, I yield the nies. They said, in a letter to Energy multiple committees and extensive input from balance of my time to the gentleman and Commerce, ‘‘H.R. 2868 is the appro- the chemical industry, water sector, Depart- from Michigan (Mr. UPTON). priate vehicle for ensuring a permanent ment of Homeland Security, and Environ- Mr. UPTON. I want to say, as a mem- CFATS program.’’ CropLife America mental Protection Agency, as well as environ- ber of the Energy and Commerce Com- and the National Council of Farmer Co- mental and labor organizations. mittee, when we had hearings on this operatives share the same view. We have the responsibility to the public, the issue, we learned from the Homeland So what are my colleagues sug- private sector, and the Department to provide Security folks that there were no in- gesting? They want us to shortchange comprehensive, clear congressional guidance spections. They had not conducted one the American people. I stood here with about how this program should be executed. single inspection during the time they all of the solemnness that I could, The gentleman’s amendment ignores our re- had this authority before them. when the House recognized those lost sponsibility to respond to what we have We know that chemical companies at Fort Hood. Others at Fort Hood were learned and to make improvements to the pro- across the country have invested more wounded in my home State. We mourn gram that the Bush and Obama administra- than $18 billion to try to make sure them, we honor them, but we have the tions requested. It just kicks the can down the that their places are secure. We heard responsibility to stand on their side. road another three years. the terrible news this morning about Just as we have to get to the bottom H.R. 2868 addresses acknowledged defi- unemployment going up to 10.2 per- of the tragedy at Fort Hood, Texas, we ciencies in the current chemical facility secu- cent. We have lost one in five manufac- have to get to the bottom of realizing rity program by including provisions that turing jobs in the last year and a half. that it is on our table to ensure that strengthen enforcement, provide workers sub- There is almost 12 percent unemploy- whistleblowers are protected, as project to background checks with access to ade- ment in manufacturing. How is this vided for in H.R. 2868 to make sure that quate redress, and strengthen whistleblower going to help us keep more job? They inherently safer technologies are used protections. are going to leave. Those companies in chemical facilities, and, yes, that It also requires the assessment, and, in are going to look at the added expenses jobs are not lost. But jobs will not be some cases, implementation of safer tech- that they are going to have, and they lost when you improve technology. You nologies. are going to move like you know to will become more efficient, and you If we merely extend the current program, we other countries and other places and will protect not only the water and will sacrifice all of these improvements and ig- those jobs are going to be lost. wastewater systems in our commu- nore the countless hours of discussion and So I would like to think that we will nities but you will have workers work- testimony that highlighted the need to learn our lesson. We can have the in- ing in safe, productive chemical facili- strengthen this program in several key areas. spections and go through what is right ties that will be part of the economic The American Chemistry Council, which and what is wrong. I would urge my engine. represents the largest chemical companies, colleagues to accept this amendment Jobs are important. But so is the se- said in a letter to the Energy and Commerce offered by Mr. DENT so we can bring curity of this Nation. That is what this Committee that, and I quote, ‘‘H.R. 2868 is the some reasonableness to the issue. particular committee has done over a appropriate vehicle for ensuring a permanent Mr. DENT. Mr. Chairman, in closing, 4-year period. We have worked in con- CFATS program.’’ CropLife America and the I just want to say once again, I think sultation with those in business as well National Council of Farmer Cooperatives extending these CFATS regulations as those in law enforcement. I don’t share this view. until 2012 is a reasonable approach. The know how we can stand here and op- It is time for us to pass comprehensive leg- Department of Homeland Security is pose the Department of Homeland Se- islation to address chemical facility security in doing a good job with these regula- curity’s Department that supports us this country. tions. We need to give them more time moving forward on this legislation, the I reserve my time at this time, as to implement the existing regulations Chemical Facility Anti-Terrorism Act this debate proceeds. that will require security assessments. 2009. Mr. DENT. Mr. Chairman, I would As we said, 2,000 of the 6,000 required I ask my colleagues, consider the fact like to yield 11⁄2 minutes to the distin- have been completed. So let’s give of what their responsibility is. Their

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12522 CONGRESSIONAL RECORD — HOUSE November 6, 2009 responsibility again is to stand with dorse this bill. They do not support the over $1 million for the assessment. those who we have to secure. I think bill. To be very clear about that, they Fifty-nine percent of the facilities reg- that the Dent-Olson amendment, my do not support this legislation. ulated under current CFATS regula- good friends on the committee have Now, with respect to the Dent-Aus- tions that would be required to conduct good intentions, but those intentions tria amendment that we are talking these costs assessments employ 50 or are quashed by the responsibility that about now, this amendment would fewer employees. we have and the long work that we strike the IST provisions in the bill. Mandating IST will be devastating have done to ensure inherently safer IST is inherently subjective and with- for small businesses. According to a technologies for chemical facilities. out a widely accepted definition. When California fertilizer manufacturer, I ask my colleagues to oppose the the Department of Homeland Secu- eliminating the use of anhydrous am- amendment, again, in response to se- rity’s subject matter expert on IST was monia and substituting it with urea curing America. specifically asked what IST was, she can cost a 1,000 acre farm up to $15,000 I yield back the balance of my time. responded, ‘‘There’s enough debate in per application. This would be a recur- The Acting CHAIR. The question is industry and academia that I can’t ring cost passed to the consumer. on the amendment offered by the gen- take a position on that very topic.’’ b 1430 tleman from Pennsylvania (Mr. DENT). The Deputy Under Secretary respon- The question was taken; and the Act- sible for overseeing the program stated As we heard earlier, in the current ing Chair announced that the noes ap- unequivocally that the Department state of our economy, small businesses peared to have it. had no staff—no staff—capable of con- relying on chemicals simply may not Mr. DENT. Mr. Chairman, I demand a ducting an IST assessment. survive. Today, the Department of recorded vote. Under direct questioning, Deputy Labor announced that unemployment The Acting CHAIR. Pursuant to Under Secretary Reitinger made it has reached 10.2 percent. Does anybody clause 6 of rule XVIII, further pro- very clear that neither the fiscal year in this Chamber expect that unemploy- ceedings on the amendment offered by 2009 nor the fiscal year 2010 budget in- ment figure to go down any time soon? the gentleman from Pennsylvania will cluded any funding to hire the nec- We hope it does, but this is not going be postponed. essary expertise to review IST assess- to help. ‘‘If I were to build a 20-foot high, 20- AMENDMENT NO. 5 OFFERED BY MR. DENT ments and recommend alternative foot thick concrete barricade that sur- The Acting CHAIR. It is now in order methods for complex engineering processes. rounded my facility on all sides, uti- to consider amendment No. 5 printed in lized the most state-of-the-art intru- part B of House Report 111–327. Again, under direct questioning, most of the witnesses considered IST sion detection systems and was better Mr. DENT. Mr. Chairman, I rise for protected than the White House, this the purpose of offering an amendment. unnecessary, with the Department’s witness adding that the facilities can legislation would still require me to The Acting CHAIR. The Clerk will conduct an IST assessment and poten- designate the amendment. and are already doing IST. Clearly, no one at DHS is in a posi- tially implement the findings of that The text of the amendment is as fol- assessment.’’ lows: tion to dictate to a wide range of facilities what engineering process or chemi- Let me close by quoting sub- Amendment No. 5 offered by Mr. DENT: committee chairman and chief sponsor, Page 25, line 12, strike ‘‘, including the re- cals should be used to make plastics, prescription drugs, or computer chips. Mr. MARKEY, who stated at the Energy quirements under section 2111’’. and Commerce Committee on the Page 46, line 18, strike ‘‘, including any as- Despite its fancy labeling, and its in- sessment required under section 2111’’. clusion in a security bill, IST is not markup on October 21 of the proposed Page 48, beginning on line 18, strike the about security and may simply shift legislation, ‘‘The safer technology re- proposed section 2111 and redesignate the the security risk. quirement is not about bolstering secu- proposed sections 2112 through 2120 as sec- A decision to keep fewer chemicals rity.’’ If it’s not about security, why is tions 2111 through 2119, respectively. on site will likely require more fre- IST in the bill? Why are we asking the Pg 87, line 4, strike ‘‘, of which up to smallest of small businesses to pay for $3,000,000 shall be made available for grants quent shipments of chemicals. This increases the risk of an attack on the it? authorized under section 2111(c)(1)’’. Mr. Chairman, I reserve the balance Pg 87, line 10, strike ‘‘, of which up to transportation of the chemicals or an of my time. $3,000,000 shall be made available for grants accident releasing the substances of Mr. MARKEY of Massachusetts. Mr. authorized under section 2111(c)(1)’’. concern into neighborhoods outside the Chairman, I rise to claim the time in Pg 87, line 16, strike ‘‘, of which up to security perimeters. opposition. $3,000,000 shall be made available for grants It would be foolish to mandate IST in authorized under section 2111(c)(1)’’. The Acting CHAIRMAN. The gen- Page 88, in the proposed amendment to the this bill when there is so much uncer- tleman is recognized for 5 minutes. table of contents of the Homeland Security tainty and lack of expertise in the De- Mr. MARKEY of Massachusetts. I Act of 2002, strike the item relating to sec- partment. yield 30 seconds to the gentlelady from tion 2111 and redesignate the items relating Finally, and most importantly, IST Texas. to sections 2112 through 2120 as items relat- will cost American jobs. Let me say Ms. JACKSON-LEE of Texas. I thank ing to sections 2111 through 2119, respec- that again: IST will cost American the distinguished gentleman for his on- tively. jobs. With the national unemployment going leadership. The Acting CHAIR. Pursuant to rate at 10.2 percent, and rising, can we Let me just cite the language out of House Resolution 885, the gentleman really afford unnecessary congressional the letter that my dear friend just from Pennsylvania (Mr. DENT) and a mandates that provide little security? read: ‘‘The Chemical Facility Anti-Ter- Member opposed each will control 5 Conducting an IST assessment will rorism Act of 2009, H.R. 2868, is the ap- minutes. be costly, too costly for many small propriate vehicle for ensuring a perma- The Chair recognizes the gentleman businesses to afford. Experts estimate nent CFATS program.’’ We’ve answered from Pennsylvania. that a simple one-ingredient substi- that question. Mr. DENT. Mr. Chairman, I want to tution would take two persons 2 weeks And, secondarily, it’s not a notion point out, too, for the record, the to complete and cost between $10,000 because Clorox announced its plans to American Chemistry Council, just ref- and $40,000, and that is on the low end. begin transitioning U.S. operations to erenced a moment ago by the gentle- A pharmaceutical pilot plant with high-strength bleach and to be able to woman from Texas (Ms. JACKSON-LEE), about 12 products would take three to use inherently safer technologies. in a letter dated October 20, the ACC six persons up to 10 weeks to complete What we are speaking about today, basically said that the IST provisions an assessment at a cost of $100,000 to a this is a way of creating jobs, in a se- which authorize DHS to order the man- half million dollars. cure environment but also it is a way datory implementation of IST have Larger facilities with particularly of securing America. proven the most difficult issue on hazardous chemicals already regulated Mr. Chair, I rise to claim time in op- which to find common ground and the by OSHA would require 8 to 10 people 6 position to the amendment offered by primary reason ACC is unable to en- months or more to complete, and cost the gentleman from Pennsylvania.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12523 Mr. Chair, I oppose this amendment. begin transitioning from chlorine to high- months of serious, constructive dialog that The gentleman’s amendment would strength bleach as a raw material for mak- has, I believe, resulted in important im- extend the current chemical security ing its namesake bleach. provements to H.R. 2868. For example: Employee participation and training provi- program for another 3 years without ‘‘This decision was driven by our commitment to strengthen our operations and add sions were modified to make them more con- any of the security enhancements we another layer of security,’’ said Chairman sistent with existing company programs, to included in H.R. 2868. I urge my col- and CEO Don Knauss. ensure that employee representatives possess leagues to oppose it. Clorox will start with its Fairfield, Calif., the necessary knowledge or experience to The Department of Homeland Secu- plant. The company expects to complete the work on Security Vulnerability Assessments rity set up the Chemical Facility transition there within six months, followed or Site Security Plans, and to help provide AntiTerrorism Standards in 2007 when by a phased, multiyear transition for six ad- proper protections for security sensitive in- DHS was granted narrow authority in ditional plants. formation. ‘‘This process requires significant exper- Unannounced inspections would be per- an appropriations bill to regulate secu- tise, training, and changes in infrastructure formed using a more meaningful measure, rity at most chemical plants. and equipment,’’ Knauss said. ‘‘Our plant-by- and in a manner that would not significantly Section 550 of the Fiscal Year 2007 plant approach will also enable us to apply interfere with regular operations. Appropriations Act—the provision that what we learn along the way, ensure supply Significant provisions concerning MTSA the gentleman from Pennsylvania is availability, minimize business disruptions facilities were added, ensuring that the seeking to extend—was just a page and and help make sure the transition is under- United States Coast Guard maintains, in its a half long and had many deficiencies. taken in the most effective manner pos- role as guardian of our ports, the lead regu- It is no substitute for the comprehen- sible.’’ lator role, and limiting any possible duplica- ‘‘Clorox leads our industry in safety and tion of the efforts that would result from the sive authorization legislation that security,’’ Knauss said. ‘‘Our bleach plant harmonization of MTSA and CFATS require- moved through regular order in the rel- employees are experts at handling chlorine, ments. evant committees this year. H.R. 2868 and we’re proud of the fact that we’ve used it The civil lawsuit provision was appro- is the product of years of work by mul- responsibly for our entire 96-year history. priately modified so that chemical compa- tiple committees and extensive input Even so, we’re pleased to begin imple- nies would not be subject to civil actions from the chemical industry, water sec- menting this process change to make our brought by private citizens. The modifica- tor, Department of Homeland Security, products using high-strength bleach.’’ tion helps prevent the disclosure of sensitive THE CLOROX COMPANY security information and leaves enforcement and Environmental Protection Agency, authority in the hands of DHS and its secu- The Clorox Company is a leading manufac- as well as environmental and labor or- rity professionals. ACC can, therefore, sup- turer and marketer of consumer products ganizations. port this modified provision. with fiscal year 2009 revenues of $5.5 billion. We have the responsibility to the The IST provisions, which authorize DHS Clorox markets some of consumers’ most to order the mandatory implementation of public, the private sector, and the De- trusted and recognized brand names, includ- IST, have proven the most difficult issue on partment to provide comprehensive, ing its namesake bleach and cleaning prod- which to find common ground, and are the clear congressional guidance about how ucts, Green Works natural cleaners, Armor primary reason ACC is unable to endorse the this program should be executed. All and SIP auto-care products, Fresh bill. ACC members are concerned that pro- Step and Scoop Away cat litter, The gentleman’s amendment ignores viding government with authority to direct Kingsford charcoal, Hidden Valley, and K our responsibility to respond to what process changes or product substitutions C Masterpiece dressings and sauces, Brita, we have learned and to make improve- could result in making critical products un- water-filtration systems, Glad bags, wraps ments to the program that the Bush available throughout our economy, with po- and containers, and Burt’s Bees’ natural tentially significant impact on our compa- and Obama administrations requested. personal care products. With approximately nies and our customers. We acknowledge, It just kicks the can down the road an- 8,300 employees worldwide, the company however, that certain modifications made in other three years. manufactures products in more than two the manager’s amendment reflect input from H.R. 2868 addresses acknowledged de- dozen countries and markets them in more ACC and its members and direct DHS to than 100 countries. Clorox is committed to ficiencies in the current chemical facil- focus on risk. Further, the creation of an making a positive difference in the commu- ity security program by including pro- IST technical appeal process which factors nities where its employees work and live. visions that strengthen enforcement, unique facility characteristics into the DHS Founded in 1980, The Clorox Company Foun- provide workers subject to background decision making process recognizes that IST dation has awarded cash grants totaling implementation is a complicated and com- checks with access to adequate redress, more than $77 million to nonprofit organiza- plex issue faced by our companies. and strengthen whistleblower protections, schools and colleges. In fiscal 2009 tions. After 9/11, ACC and many others in the alone, the foundation awarded $3.6 million in chemical industry stepped up and imple- It also requires the assessment, and, cash grants, and Clorox made product dona- mented serious, stringent security programs in some cases, implementation of safer tions valued at $7.8 million. For more infor- at their facilities before there was any gov- technologies. mation about Clorox, visit ernment direction. To date, ACC members If we merely extend the current pro- www.TheCloroxCompany.com. have invested nearly $8 billion in security gram, we will sacrifice all of these im- enhancements under our own Responsible AMERICAN CHEMISTRY COUNCIL, provements and ignore the countless Care Security Code. We remain committed Arlington, VA, October 20, 2009. to working with this committee, the Con- hours of discussion and testimony that Hon. HENRY WAXMAN, highlighted the need to strengthen this gress, and the Administration to move for- Chairman, Committee on Energy and Commerce, ward with a strong, smart regulatory pro- program in several key areas. House of Representatives, Washington, DC. gram to protect our facilities, our employ- The American Chemistry Council, DEAR CHAIRMAN WAXMAN: The American ees, the communities in which we operate, which represents the largest chemical Chemistry Council (ACC) strongly supports and the products we supply throughout our companies, said in a letter to the En- DHS’ existing Chemical Facility Anti-Ter- economy. ergy and Commerce Committee that, rorism Standards (CFATS). The program Sincerely, should be made permanent and DHS should CAL DOOLEY, and I quote, ‘‘H.R. 2868 is the appro- be given adequate resources to fully imple- priate vehicle for ensuring a permanent President and CEO. ment and enforce the regulations. The Chem- Mr. MARKEY of Massachusetts. I CFATS program.’’ CropLife America ical Facility Anti-Terrorism Act of 2009, H.R. and the National Council of Farmer Co- 2868, is the appropriate vehicle for a perma- thank the gentlelady. operatives share this view. nent CFATS program. As the full Energy and Can we get a review of where we are It is time for us to pass comprehen- Commerce Committee prepares to mark up in time, Mr. Chairman. sive legislation to address chemical fa- H.R. 2868, I want to provide you with ACC’s The Acting CHAIR. The gentleman cility security in this country. views on the bill. from Pennsylvania has 30 seconds re- First, I want to commend you, Sub- maining and the gentleman from Mas- CLOROX ANNOUNCES PLANS TO BEGIN committee Chairman MARKEY and your sachusetts has 41⁄2 minutes remaining. TRANSITIONING U.S. OPERATIONS TO HIGH- staffs for the willingness to invite and con- STRENGTH BLEACH Mr. MARKEY of Massachusetts. Mr. sider our views. While ACC is unable to en- Chairman, I yield 2 minutes to the gen- OAKLAND, Calif., Nov. 2, 2009.—The Clorox dorse H.R. 2868 due primarily to concerns Company (NYSE: CLX) today announced over the potential impact of the authority tleman from New Jersey (Mr. that it plans to begin modifying manufac- granted to DHS to mandate the implementa- PASCRELL). turing processes in its U.S. bleach oper- tion of inherently safer technology (IST), the Mr. PASCRELL. I must remind my ations. The initiative calls for Clorox to manager’s amendment reflects several friend from Pennsylvania, my good

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12524 CONGRESSIONAL RECORD — HOUSE November 6, 2009 friend, that you voted for this bill last The Acting CHAIR. The gentleman ceedings on the amendment offered by session. from Massachusetts has 21⁄2 minutes re- the gentleman from Pennsylvania will Mr. DENT. Would the gentleman maining. be postponed. yield? Mr. MARKEY of Massachusetts. I AMENDMENT NO. 6 OFFERED BY MR. FLAKE Mr. PASCRELL. Yes, sure. will complete debate on this amend- The Acting CHAIR. It is now in order Mr. DENT. This is a very different ment. I yield myself the balance of the to consider amendment No. 6 printed in bill than the one from last session. time. part B of House Report 111–327. This bill has citizen suits in it and all Mr. Chairman, what we’re doing here Mr. FLAKE. Mr. Chairman, I have an kinds of—it’s a very different bill. is not providing more security in the amendment at the desk designated as Mr. PASCRELL. Reclaiming my classic sense of the word. What we’re No. 6. time, that’s your story. We come here really doing is saying, what happens if The Acting CHAIR. The Clerk will with different stories, many rise quick- al Qaeda is successful in penetrating designate the amendment. ly to the specter of terror and cause into the heart of a chemical facility? The text of the amendment is as fol- fear in people. But you’re the last to What will the consequences be for the lows: workers on site? What will the con- act to protect the American people. Amendment No. 6 offered by Mr. FLAKE: sequences be for the population area in You get some flak from an industry, Page 31, after line 25, insert the following: the vicinity of that chemical facility? ‘‘(E) PRESUMPTION OF CONGRESS RELATING and all of a sudden you back off. Clorox That’s what this debate is all about. TO COMPETITIVE PROCEDURES.— did this voluntarily; November 2 they What we are trying to do is to mini- ‘‘(i) PRESUMPTION.—It is the presumption made the announcement. mize the impact after al Qaeda has in of Congress that grants awarded under this Because these simple assessments fact been successful in launching an at- paragraph will be awarded using competitive that you have tried to minimize not tack on a chemical facility. But what procedures based on merit. only help protect and save lives, but ‘‘(ii) REPORT TO CONGRESS.—If grants are we say in the language is that, while awarded under this paragraph using proce- they have also proven to actually save there has to be an evaluation of the the chemical companies money, which dures other than competitive procedures, the level of security at each one of the fa- Secretary shall submit to Congress a report is just the opposite of what you tried cilities, the language in our bill makes explaining why competitive procedures were to communicate to the American peo- it quite clear that if the inherently not used. ple and to this body for the last 25 min- safer technology or process costs too ‘‘(F) PROHIBITION ON EARMARKS.—None of utes, just the opposite: greater effi- much, it doesn’t have to be imple- the funds appropriated to carry out this ciencies and safety measures that pre- mented. If there is no feasible, safer paragraph may be used for a congressional vent catastrophic accidents. technology or process, the facility earmark as defined in clause 9d, of Rule XXI And it only stands to reason if you’re of the rules of the House of Representatives doesn’t have to implement one. If im- of the 111th Congress.’’. using highly volatile chemicals, it plementing the inherently safer tech- The Acting CHAIR. Pursuant to would seem that you would want to re- nology or process would not reduce the House Resolution 885, the gentleman duce your risk, and providing it is be- risk at the facility or would shift it from Arizona (Mr. FLAKE) and a Mem- cause most of the companies aren’t elsewhere, it doesn’t have to be imple- ber opposed each will control 5 min- going to be forced to do anything, if mented. you read the legislation. Please read And so what we say here is that, yes, utes. The Chair recognizes the gentleman the legislation. I say that to all bills, we need to make it clear that we don’t not just health bills. I say that to secu- want al Qaeda to have a successful at- from Arizona. Mr. FLAKE. Mr. Chairman, I have of- rity bills. Read it, you may like it. tack, and if it is successful, have cata- fered different iterations of this non- Please, get off the kick of using the in- strophic consequences, but at the same controversial amendment many times dustry’s program. I think highly of time, there has to be an evaluation as during this Congress and the last. This you. Don’t follow the script. to whether or not it is economically particular amendment was offered last feasible at each facility. That is the ANNOUNCEMENT BY THE ACTING CHAIR June to the TSA Authorization Act The Acting CHAIR. The Chair must balance which we strike. But I don’t think anyone here for a second would when it was adopted by voice vote. remind all Members to direct their re- H.R. 2868 establishes a new Worker want to have unnecessarily dangerous marks to the Chair. Training Grants program that seeks to chemicals in highly populated areas Mr. DENT. At this time, I yield the provide grants to nonprofit organiza- that, if al Qaeda could be successful, balance of my time to the gentleman tions with demonstrated experience in from Ohio (Mr. AUSTRIA). would cause an event which would once again cripple our economy as did the implementing and operating successful Mr. AUSTRIA. I thank the gen- worker or first responder health and tleman from Pennsylvania for offering attack on September 11. That is the heart of terrorism, having a population safety training programs. This amend- this amendment, and I support this ment would simply prohibit the Work- amendment. which is frightened. At Logan Airport, we lost 27 percent er Training Grants program from being Conducting an inherently safer tech- of our air traffic for 2 years after 9/11. earmarked by Members for pet projects nology, IST, assessment will be costly, The same thing happened in Newark. It or favored entities back home. This too costly for many of our small busi- happened at LaGuardia; it happened at amendment also establishes that it is nesses to afford. I submitted a com- JFK. It happened all around the coun- the presumption of Congress that these monsense amendment to the Rules try. It plummeted, and that was key to grants would be awarded competitively Committee that would have exempted their success. based on merit. small businesses from this new costly So this amendment is something that I am often asked why I offer this. and burdensome requirement. I might was language developed in close con- These are set up to be programs that add that it would not exempt them sultation with and considerable input are competitively awarded, but some- from the current law, but from these from the American Chemistry Council. times it’s explicitly stated, sometimes new costly and burdensome require- It is something which should be adopt- it’s not. In either case, sometimes ments. Unfortunately for our Nation’s ed, and the amendment which is under when it is explicitly stated—and when small businesses, the majority decided consideration should be rejected. it’s not—these grant programs are not to allow a vote on that common- The Acting CHAIR. The question is sometimes just earmarked, all of them. sense amendment on the floor. on the amendment offered by the gen- All of the money in some of these ac- Just to reiterate what the chairman tleman from Pennsylvania (Mr. DENT). counts, if you take, for example, some said, over half of our facilities cur- The question was taken; and the Act- of the programs in the Homeland Secu- rently regulated under CFATS regula- ing Chair announced that the noes ap- rity bill, nearly 100 percent of the funds tions that would now be regulated by peared to have it. in one particular grant program were these new costly assessments employ- Mr. DENT. Mr. Chairman, I demand a earmarked in the most recent Home- ing 50 or fewer employees. Mandating recorded vote. land Security spending bill. IST will be devastating for our small The Acting CHAIR. Pursuant to So what we are seeking to do is make businesses. clause 6 of rule XVIII, further pro- sure that people who want to apply for

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12525 these grants are able to, and that Mem- The text of the amendment is as fol- listed as ‘‘chemicals of interest’’ due to bers aren’t able to simply earmark lows: increased regulatory costs and liability that money for people in their district Amendment No. 7 Offered by Mr. concerns. or favored entities. SCHRADER: This amendment would require the Mr. Chairman, I reserve the balance Page 54, line 24, strike ‘‘SECTORAL IM- Department of Homeland Security to of my time. PACTS’’ and insert ‘‘AGRICULTURAL SECTOR’’. conduct an impact assessment that an Mr. PASCRELL. Mr. Chairman, while Page 55, beginning on line 12, strike ‘‘IM- inherently safer technology would have not opposed to the amendment, I ask PACTS OF COMPLIANCE’’ and insert ‘‘AGRICUL- on agricultural facilities covered by TURAL IMPACTS’’. these security regulations. Through unanimous consent to claim the time Page 55, beginning on line 19, strike ‘‘by in opposition. manufacturers, retailers, aerial commercial this impact assessment, we hope to de- The Acting CHAIR. Without objec- applicators, and distributors of pesticide and termine whether an IST mandate tion, the gentleman from New Jersey is fertilizer’’ and insert ‘‘on the agricultural would result in fewer product options recognized for 5 minutes. sector’’. for farmers or ranchers, possibly lead- There was no objection. Page 55, line 23, insert a comma after ing to increased production costs as al- Mr. PASCRELL. Mr. Chairman, I am ‘‘Representatives’’. ternative, higher-priced crop input pleased to support this amendment Page 55, line 24, strike ‘‘and’’ before ‘‘the products that may not have the same that seeks to ensure that worker train- Committee’’. agronomic benefits may only be avail- Page 55 line 25, insert ‘‘, the Committee on able and could impact their crop ing grants are distributed based on Agriculture of the House of Representatives, merit. This was a longstanding fight in and the Committee on Agriculture, Nutri- yields. Additionally, the amendment Homeland Security to deal with risk tion and Forestry of the Senate’’ after ‘‘Sen- would authorize grant funding for agri- rather than spreading out money ate’’. cultural facilities to assist with any across the landscape. Page 56, line 4, insert ‘‘agricultural’’ after IST compliance requirements. I have worked to make sure Home- ‘‘scope of’’. I think my colleagues will all agree land Security grants are given on the Page 57, beginning on line 15, strike ‘‘other we want to ensure the highest safety basis of merit, as I have with the suc- sectors engaged in commerce’’ and insert standards possible for facilities using ‘‘agricultural end-users’’. these potentially dangerous chemicals. cessful Fire Act and the SAFER Act. Strike line 20 on page 57 and all that fol- Under the chemical security regula- However, it is also essential we have lows through page 58, line 2, and insert the all of the data at our disposal, so we tions, facility operators are responsible following: for adhering to the risk-based, perform- ‘‘(3) DEFINITIONS.—In this subsection: will proceed in a thoughtful manner ance-based site security plans that ‘‘(A) FARM SUPPLIES MERCHANT WHOLE- and will fully understand the impacts they develop internally. A key feature SALER.—The term ‘farm supplies merchant these new regulations may have on our of any site security plan under H.R. wholesaler’ means a covered chemical facil- family farms and ranchers. 2868 is the provision of annual security ity that is primarily engaged in the mer- I ask that my colleagues support this training to each worker in the facility. chant wholesale distribution of farm sup- amendment and urge its adoption. plies, such as animal feeds, fertilizers, agri- The worker training grants are in- Mr. Chairman, I yield the balance of cultural chemicals, pesticides, plant seeds, my time to the gentleman from North tended to help create an environment and plant bulbs. where there is a cadre of qualified orga- Carolina. ‘‘(B) AGRICULTURAL END-USERS.—The term Mr. KISSELL. I would like to thank nizations that are available to help fa- ‘agricultural end-users’ means facilities such the gentleman from Oregon for recog- cility operators fulfill this important as— ‘‘(i) farms, including crop, fruit, nut, and nizing me. requirement. Mr. Chair, I would just like to add to The underlying bill does a good job of vegetable farms; what Mr. SCHRADER has said. This bill setting forth what qualifies as an ‘‘eli- ‘‘(ii) ranches and rangeland; ‘‘(iii) poultry, dairy, and equine facilities; is straight, simple—straightforward. gible entity,’’ but with the helpful ad- ‘‘(iv) turfgrass growers; In the agricultural community, farm dition of the language authored by the ‘‘(v) golf courses; supply wholesalers and agriculture end gentleman from Arizona (Mr. FLAKE), ‘‘(vi) nurseries; users very much want to protect home- there can be no ambiguity about what ‘‘(vii) floricultural operations; and land security. They very much want to is expected, none whatsoever. ‘‘(viii) public and private parks. protect the safety of the facilities of Grants are to be distributed based on The Acting CHAIR. Pursuant to whose products end up in our food sup- merit and cannot be earmarked. That House Resolution 885, the gentleman ply. Also, they are concerned about may have a spillover to other things, from Oregon (Mr. SCHRADER) and a what possible ramifications the bill who knows. That makes sense security- Member opposed each will control 5 may have. wise and is a solid approach. I urge my minutes. This is just simply calling for a study fellow Members to support this amend- The Chair recognizes the gentleman to see what impacts may be had. It ment. from Oregon. strengthens the language that is al- Mr. Chairman, I reserve the balance b 1445 ready in the bill. It strengthens that of my time. language so that we can see what the Mr. FLAKE. I thank the chairman. Mr. SCHRADER. I yield myself as results may be in terms of ranchers And would that all chairmen shared much time as I may consume. and farmers and the agricultural com- your view on earmarks and programs Mr. Chairman, I want to thank my munity all together. of this type. I am glad the chairman colleague Mr. KISSELL from North Mr. DANIEL E. LUNGREN of Cali- has agreed to accept this amendment, Carolina for working with me on this fornia. Mr. Chairman, I seek time in and I urge its adoption. amendment to help address some of the opposition, although I do not oppose Mr. Chairman, I yield back the bal- concerns from the agricultural commu- the amendment. ance of my time. nity with the underlying bill. The Acting CHAIR. Without objec- Mr. PASCRELL. Mr. Chairman, I The Schrader-Kissell amendment is a tion, the gentleman is recognized for 5 yield back the balance of my time. perfecting amendment, and it builds on minutes. The Acting CHAIR. The question is the efforts of Mr. ROSS of Arkansas, of There was no objection. on the amendment offered by the gen- Mr. SPACE of Ohio, and of the Energy Mr. DANIEL E. LUNGREN of Cali- tleman from Arizona (Mr. FLAKE). and Commerce Committee in the con- fornia. Mr. Chairman, I would support The amendment was agreed to. sideration of H.R. 2868. I believe it is this amendment as it does give, after AMENDMENT NO. 7 OFFERED BY MR. SCHRADER noncontroversial and that it has broad the fact, support for the position of ag- The Acting CHAIR. It is now in order support from the agricultural commu- riculture in this debate over the impo- to consider amendment No. 7 printed in nity. sition of ISTs, which I would remind part B of House Report 111–327. There are concerns within the ag my colleagues, from every single ex- Mr. SCHRADER. Mr. Chairman, I community that H.R. 2868 has the po- pert who testified before our com- have an amendment at the desk. tential to cause undue burdens, pos- mittee, is a concept, not a completed The Acting CHAIR. The Clerk will sibly resulting in the industry’s drop- process or product. Yet we are requir- designate the amendment. ping widely used and essential products ing that which is a concept, for which

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12526 CONGRESSIONAL RECORD — HOUSE November 6, 2009 there are no true methodologies, to be The Acting CHAIR. Pursuant to Committee staff spoke just this Tues- imposed by the Secretary. House Resolution 885, the gentleman day with DHS staff to see if their posi- This is better than nothing, I sup- from Texas (Mr. MCCAUL) and a Mem- tion on this citizen suit provision had pose, because what this amendment ber opposed each will control 5 min- changed. It had not. They are still does is it requires a report to be sub- utes. strongly opposed to this provision. mitted to Congress after the mandates The Chair recognizes the gentleman Introducing these provisions in the on agriculture go into effect, so at from Texas. national security arena has the poten- least we’ll know how bad it is. Mr. MCCAUL. I yield myself as much tial not only to divert DHS from its se- I support this amendment because, as time as I may consume. curity-related missions but to also re- I say, it’s better than nothing, but I Mr. Chairman, this amendment sult in the disclosure of protected sen- would remind my colleagues that, in would strike the provision authorizing sitive information. This entire bill, in- the letter of November 3, 2009, signed the Secretary of Homeland Security to cluding the provision I am trying to by representatives of the American be subjected to civil suits by uninjured strike, will inadvertently have an im- Farm Bureau Federation, the Chemical third parties. If complaints have been pact on the private sector, on business, Producers and Distributors Associa- made against the Secretary for failing and on the overall economy at a time tion, the National Agriculture Associa- to enforce the law, the inspector gen- when we can least afford it. tion, the National Association of eral of DHS can already initiate an in- I reserve the balance of my time. Wheat Growers, the National Cotton vestigation. If that is insufficient, then Council, The Fertilizer Institute, and Congress can act. Mr. PASCRELL. Mr. Chairman, I rise the USA Rice Federation, they oppose Allowing any third party—anybody— to claim time in opposition to Brother this bill precisely because of the man- to sue the Secretary is both reckless MCCAUL’s amendment. date of inherently safer technologies and unnecessary. This provision would The Acting CHAIR. The gentleman on their industries. be a boon to trial lawyers and to envi- from New Jersey is recognized for 5 It is not a question of the great men ronmentalists at the expense of the De- minutes. and women in agriculture being op- partment of Homeland Security and Mr. PASCRELL. First of all, this bill posed to securing this Nation against a national security interests. Citizen does not authorize suits by uninjured terrorist attack. It is the position of suits have no place in a national secu- parties. Article III of the Constitution the great men and women in agri- rity context, and this would be the is very, very clear. It requires that any culture that this is an imposition of a very first time that Congress would be person who files a lawsuit be able to technology or a process or a concept, authorizing such suits in the homeland show injury. H.R. 2868 will have no ef- whatever you want to call it, that security arena. fect on this constitutional requirement those who came up with it testified be- Environmentalists file hundreds of whatsoever, Mr. Chairman. In fact, the fore our committee does not fit neatly citizen suits annually, and they con- Supreme Court has repeatedly held into a legislative mandate. Nonethe- sume substantial governmental re- that Congress cannot pass a law chang- less, we here on this floor are saying sources and taxpayer funds. Some ing this requirement. So it’s in the we know better than those who came agencies expend almost their entire an- Constitution. It has been upheld by the up with the concept those who actually nual budgets simply responding to Supreme Court of this country. will suffer from this concept being im- these lawsuits. For instance, in May of I oppose this amendment. It works posed on them. 2008, The Washington Post noted that against government accountability and I support this amendment. I only the Fish and Wildlife Service had been against the security of our chemical fa- wish that this amendment were strong- caught in a legal vise that has forced it cilities. er because, unfortunately, it is going to spend most of its time responding to Title I of H.R. 2868 allows citizens to to mandate a report that will come too lawsuits and following judges’ orders file suit against the Secretary of late, a report to tell us what the effects while its mission has slowed to a near Homeland Security for failing to meet of the mandate of IST will be or will halt. We cannot afford the same con- her duties, such as issuing regulations have been on agriculture. sequence with the Department of or reviewing site security plans in a So, Mr. Chairman, I hope we will sup- Homeland Security. In the meantime, timely manner, in other words, if the port this amendment. I only wish we the mission of the agency falls by the Secretary, whomever that may be, does could have had a stronger amendment. wayside. not do what he is supposed to do ac- I yield back the balance of my time. This bill currently allows a citizen cording to law. Mr. SCHRADER. Mr. Chairman, I suit by any person. There is no require- Are you putting our citizens in fur- just urge my colleagues to support the ment that the person be harmed or ther jeopardy? Is this what you think amendment. that the person be a local resident or of the American citizens that they can- I yield back the balance of my time. even a United States citizen. The Con- not speak for themselves? The Acting CHAIR. The question is gress has always treated national secu- on the amendment offered by the gen- rity as an inherently governmental This bill does not allow citizens to tleman from Oregon (Mr. SCHRADER). matter and one in which sensitive secu- file suit against privately owned chem- The amendment was agreed to. rity-related information has been rig- ical facilities for alleged violations. AMENDMENT NO. 8 OFFERED BY MR. MCCAUL orously protected. This marks the first Here is the bill. On pages 66, 67, 68, it The Acting CHAIR. It is now in order time that citizen suits may result in doesn’t say it. I don’t know what to consider amendment No. 8 printed in the disclosure of very sensitive chem- you’re reading. part B of House Report 111–327. ical facility vulnerability information. Therefore, this bill will not compel a Mr. MCCAUL. Mr. Chairman, I have The Department of Homeland Secu- chemical facility to turn over sensitive an amendment at the desk. security information in court. It will The Acting CHAIR. The Clerk will rity also opposes the civil suit provi- not put this information at risk of pub- designate the amendment. sions. Deputy Under Secretary Philip lic disclosure. Moreover, citizens can- The text of the amendment is as fol- Reitinger, who I had the pleasure to not file suit against the Secretary for lows: work with at the Department of Jus- tice, testified that it is true that any making a decision that is discre- Amendment No. 8 offered by Mr. MCCAUL: Page 76, beginning on line 11, strike the civil suit provision at least raises a tionary. It is very different from what proposed section 2116 and redesignate the specter of some diversion of resources. the Constitution is talking about, such proposed sections 2117 through 2120 as sec- As a former longtime litigator in the as whether to require a facility to tions 2116 through 2119, respectively. DOJ, he also testified that, inevitably, switch chemicals or processes. Any Page 88, in the proposed amendment to the there is some risk of disclosure of in- claims to the contrary are simply false. table of contents of the Homeland Security formation, and this information is very This amendment would strip citizen Act of 2002, strike the item relating to sec- enforcement out entirely. tion 2116 and redesignate the items relating sensitive. That means sensitive secu- to sections 2117 through 2120 as items relat- rity information could easily get into Why would we want to discourage the ing to sections 2116 through 2119, respec- the wrong hands. I think yesterday is a enforcement of these critical security tively. reminder that we need to stay vigilant. standards? The American Chemical

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12527 Council, the Society of Chemical Man- b 1500 The Acting CHAIR (Mr. MORAN of ufacturers and its affiliate, and the en- Under the environmental suits that Virginia). The question is on the vironmental and labor groups have en- have been filed, standing has always amendment offered by the gentleman dorsed the citizen enforcement provi- been regarded—in most cases it’s very from Texas (Mr. MCCAUL). sions in this bill. I rest my case. With broad, giving many people that stand- The question was taken; and the Act- that breadth of support for the coming. I think it’s unwise. What it will do ing Chair announced that the noes ap- promise, this amendment is an ineffec- is bring unnecessary litigation. I think peared to have it. tive solution for a nonexistent prob- that’s the purpose and duty of the Fed- Mr. MCCAUL. Mr. Chairman, I de- lem. eral agencies, to bring this litigation mand a recorded vote. The members of the Energy and Com- against these chemical plants and not The Acting CHAIR. Pursuant to merce Committee devoted considerable citizens because, of course, it will pro- clause 6 of rule XVIII, further pro- time to crafting a solution that en- mote litigation; it will promote dis- ceedings on the amendment offered by sures government accountability while covery of sensitive information; and it the gentleman from Texas will be post- protecting sensitive information. will allow anyone, anywhere, to file poned. Eliminating citizen suits without re- these lawsuits. AMENDMENT NO. 9 OFFERED BY MRS. placement is unnecessary. It under- Mr. PASCRELL. Mr. Chairman, a HALVORSON mines accountability, and it will leave couple of things here. First, the groups The Acting CHAIR. It is now in order our Nation less secure. that I mentioned before support that to consider amendment No. 9 printed in I urge my colleagues to vote ‘‘no’’ on part of the legislation which I men- part B of House Report 111–327. Mr. MCCAUL’s amendment. tioned. Number two, let’s get to the Mrs. HALVORSON. Mr. Chairman, I I reserve the balance of my time. meat and potatoes: this bill does not have an amendment at the desk. Mr. MCCAUL. Mr. Chairman, how create a boon for trial lawyers. No one The Acting CHAIR. The Clerk will much time is remaining? is eligible to receive damage awards in designate the amendment. The Acting CHAIR. Both sides have 2 lawsuits under this bill. The text of the amendment is as fol- minutes remaining. Mr. MCCAUL. Will the gentleman lows: Mr. MCCAUL. Very quickly, to my yield? Mr. PASCRELL. I yield to the gen- Amendment No. 9 offered by Mrs. good friend from New Jersey, courts HALVORSON: have broadly and loosely interpreted tleman from Texas. Page 58, beginning on line 3, strike ‘‘AS- the constitutional standing require- Mr. MCCAUL. They certainly will re- SESSMENT OF IMPACTS ON SMALL COVERED ment to virtually allow anyone with ceive attorneys’ fees. They’re being CHEMICAL FACILITIES’’ and insert ‘‘SMALL any evidence of perceived harm to paid by these organizations to bring COVERED CHEMICAL FACILITIES’’. bring a lawsuit under these citizen lawsuits. Page 58, after line 4, insert the following: suits. Mr. PASCRELL. Reclaiming my ‘‘(1) GUIDANCE FOR SMALL COVERED CHEM- With respect to sensitive informa- time, no one is eligible to receive dam- ICAL FACILITIES.—The Secretary may provide age awards. Lawyers will not receive a guidance and, as appropriate, tools, meth- tion, we are now going to turn that odologies, or computer software, to assist over into the discovery process as to dime of any civil penalties that the courts may award because they are small covered chemical facilities in com- what is sensitive and what information plying with the requirements of this section. paid to the United States Treasury. I is not. Page 58, line 5, strike ‘‘(1) IN GENERAL’’ and With respect to the groups that my don’t think that this is a Treasury insert ‘‘(2) ASSESSMENT OF IMPACTS ON SMALL good friend mentioned, it is my under- scheme by any stretch of the imagina- COVERED CHEMICAL FACILITIES’’. standing, while they are not opposed to tion. Page 59, line 20, strike ‘‘(2) DEFINITION’’ and This bill is not the first time citizen the bill, they have certainly not en- insert ‘‘(3) DEFINITION’’. suits have been authorized in a na- dorsed this bill. The Acting CHAIR. Pursuant to tional security context. Since the pas- I yield the remainder of my time to House Resolution 885, the gentlewoman sage of the Bioterrorism Act in 2002, the gentleman from Texas (Mr. POE). from Illinois (Ms. HALVORSON) and a Mr. POE of Texas. Mr. Chairman, citizen suits have been available to en- Member opposed each will control 5 force the requirements of section 1433 how much time remains? minutes. The Acting CHAIR. The gentleman of the Safe Drinking Water Act, which The Chair recognizes the gentle- is focused on security at drinking has 11⁄2 minutes remaining. woman from Illinois. Mr. POE of Texas. I thank the gen- water facilities throughout the United Mrs. HALVORSON. Mr. Chairman, as States of America. tleman from Texas for yielding. a small business owner and as a mem- By the way, to my other friend from Mr. Chairman, specifically, I stand in ber of the Small Business Committee, I Texas, this is very standard language support of the gentleman’s amend- understand the challenges that small that is used throughout this legisla- ment. I probably represent as many, if business owners face on a day-to-day tion. not more, refineries and chemical I yield to my friend from Massachu- basis. I offer this amendment to help plants as any Member of Congress. setts. small chemical facilities in meeting I agree. It is imperative that we have Mr. MARKEY of Massachusetts. I some of those challenges. security at these institutions, at these just want to say that this is just giving My amendment is straightforward plants. I do believe, however, that the the right to ordinary people to sue and necessary. It would improve this citizen suit problem exposes two spe- their own government because they’re bill by giving the Secretary of the De- cific issues, one of which is that it’s not providing for the security around partment of Homeland Security the au- too broad. It allows anybody to file a facilities that could be attacked by al thority to provide facilities with less lawsuit, and it leaves the discretion as Qaeda. This is at the essence of the phi- than 350 employees the guidance, tools to what is sensitive material up to the losophy of the tea-baggers, to give or- and software to help them comply with Federal judges, and the Federal judges dinary citizens the right to challenge the security requirements of this bill. have broad discretion as to what mate- their government, to be able to rise up We have a responsibility to make rial they will release and will make and to be able to say, you are not doing sure chemical facilities are safe, but we public. your job to protect us, your funda- also have a responsibility to make sure The second problem I see—and it’s mental responsibility to protect the se- that small businesses have the assist- specifically under (b)(2)—is that ‘‘the curity of citizens in their homes and ance and the resources that they need district court will have jurisdiction where they work. to comply with new security require- without regard of the amount in con- Mr. PASCRELL. Reclaiming my ments. That is what my amendment troversy or the citizenship of the par- time, we must remember also—I think does. It helps small chemical facilities ties.’’ I am not clear why that would be you would agree with me, Mr. Chair- to comply with security standards in added, but it allows standing to any- man—that nowhere in this legislation an effective and profitable manner. one, regardless of citizenship of the are we in any manner, shape or form Based on DHS analysis, we can ex- parties, to file a lawsuit. Specifically, jeopardizing the private plans of any pect that 15 to 20 percent of the chem- it gives that permission. facility, any chemical facility. ical facilities across the country have

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12528 CONGRESSIONAL RECORD — HOUSE November 6, 2009 less than 350 employees onsite. That’s a retary of the DHS, about this issue. He Page 20, line 19, strike the period after significant number of small businesses said, and I quote, this is not an issue of ‘‘disapproval’’ and insert ‘‘; and’’. that we cannot forget as we move for- defining whether the risk is less impor- Page 20, after line 19, insert the following: ‘‘(H) establish, as appropriate, modified or ward on security requirements. These tant because the size of a firm is small. separate standards, protocols, and proce- are facilities that create jobs that in- The risk doesn’t change with respect to dures for security vulnerability assessments vest in economic growth. In a tough the size of a firm. and site security plans for covered chemical economic environment, these small But what is different about small facilities that are also academic labora- businesses need to have the tools avail- businesses is that some lack the ad- tories. able to compete and succeed and, ministrative resources of large multi- The Acting CHAIR. Pursuant to again, that’s what this amendment billion-dollar chemical companies. House Resolution 885, the gentleman does. They might not have an in-house secu- from Illinois (Mr. FOSTER) and a Mem- The bottom line is that we need rity expert that can direct or prepare ber opposed each will control 5 min- small chemical facilities to be secure, their security vulnerability assessment utes. but we also need them to be successful. or site security plan. They might not The Chair recognizes the gentleman This is an important amendment, and know how to navigate the Washington from Illinois. it will help make sure that those two bureaucracy in order to learn how to Mr. FOSTER. Mr. Chair, I yield my- critical goals are accomplished. We best comply with these new regula- self 2 minutes. can’t forget that as we move forward. tions. I would like to first thank Mr. LUJA´ N I reserve the balance of my time. The underlying legislation does ac- of New Mexico for allowing me to work Mr. OLSON. Mr. Chairman, I claim knowledge that the impact of inher- with him on this important and com- time in opposition, but I don’t nec- ently safer technology provisions on monsense amendment to the Chemical essarily oppose the bill. small businesses should be examined by Facility Anti-Terrorism Act. The Acting CHAIR. Without objec- the Department of Homeland Security. The underlying bill is a positive step tion, the gentleman from Texas is rec- DHS has told us that they estimate towards ensuring the security of Amer- ognized for 5 minutes. that 15 to 20 percent of all regulated fa- ica’s chemical facilities, but overlooks There was no objection. key differences between commercial fa- Mr. OLSON. Mr. Chairman, this cilities might be classified as small businesses. cilities and university and educational amendment allows the Secretary to laboratories. This amendment directs provide guidance, tools, methodologies I think the gentlelady’s amendment takes the language one useful step fur- the Secretary of Homeland Security to or computer software to assist small take a graduated approach to security covered chemical facilities in com- ther by giving DHS the authority to create tools specifically for small busi- in school labs and to create a separate plying with the IST assessments and and appropriate set of protocols for implementation requirements of the nesses to help them in complying with the inherent safer technology provi- university affiliated laboratories with act. relatively small quantities of chemi- While I support the sentiment behind sions of the bill. This could be guidance and outreach directed to the small cals. the amendment, given the costs associ- One-size-fits-all safety regulations business community or it could be soft- ated with IST assessments and manda- only create more paperwork, more bu- ware or other methodologies that could tory implementation, I am genuinely reaucracy and more confusion without concerned there will be few small busi- make compliance easier. necessarily making us safer. This is es- I urge my colleagues to support the nesses left that would benefit from any pecially true in educational settings Halvorson amendment. guidance the Secretary may or may where large numbers of students move Mr. OLSON. Mr. Chairman, I yield not provide based on this provision. in and out of smaller chemical labs back the balance of my time. This amendment simply gives the constantly, making it difficult and ex- Mrs. HALVORSON. I yield back the Secretary the option of providing guid- pensive to impose on them the same se- balance of my time. ance to small businesses to meet the curity protocols as large commercial The Acting CHAIR. The question is costly IST provisions of the bill. How facilities. much guidance do we expect from an on the amendment offered by the gen- However, this amendment does not office that employs fewer than 200 peo- tlewoman from Illinois (Mrs. let our schools off the hook for main- ple and is responsible for overseeing a HALVORSON). taining a safe and secure environment. program that covers 6,100 facilities? The amendment was agreed to. The Secretary of Homeland Security While it’s difficult to object to Mrs. AMENDMENT NO. 10 OFFERED BY MR. FOSTER will still require that universities cre- HALVORSON’s amendment, I find it iron- The Acting CHAIR. It is now in order ate and report a security plan of pre- ic that the majority would make in to consider amendment No. 10 printed caution and prevention as part of nor- order an amendment that recognizes in part B of House Report 111–327. mal campus safety procedures. At a that small businesses will be affected Mr. FOSTER. Mr. Chair, I have an time when university budgets are al- by the IST mandate. But rather than amendment at the desk. ready tight, this amendment will avoid address the problem before they create The Acting CHAIR. The Clerk will placing potentially large financial it, they ask the Secretary to clean up designate the amendment. hardships on our educational institu- the mess for them. The text of the amendment is as fol- tions. I would have preferred to debate Mr. lows: This amendment is supported by a AUSTRIA’s amendment that was not Amendment No. 10 offered by Mr. FOSTER: number of higher educational associa- ruled in order. That amendment would Page 13, after line 21, insert the following: tions, including the American Council have been a real benefit to the 3,630 ‘‘(13) The term ‘academic laboratory’ on Education, the Association of Amer- smallest of the small businesses by ex- means a facility or area owned by an institution of higher education (as defined under ican Universities, and the Association empting them altogether from this section 101 of the Higher Education Act of of Public and Land-grant Universities. costly and unnecessary provision. 1965 (20 U.S.C. 1001)) or a non-profit research I was very happy to be able to work on I reserve the balance of my time. institute or teaching hospital that has a for- this commonsense solution. Mrs. HALVORSON. Mr. Chairman, I mal affiliation with an institution of higher I reserve the balance of my time. yield such time as he may consume to education, including photo laboratories, art Mr. OLSON. Mr. Chairman, I claim the gentleman from Mississippi (Mr. studios, field laboratories, research farms, time in opposition, but do not nec- THOMPSON). chemical stockrooms, and preparatory lab- essarily oppose the underlying amend- Mr. THOMPSON of Mississippi. Mr. oratories, where relatively small quantities ment. Chairman, I rise in support of the gen- of chemicals and other substances, as deter- The Acting CHAIR. Without objec- tlelady’s amendment. The size of a fa- mined by the Secretary, are used on a non- tion, the gentleman from Texas is rec- production basis for teaching, research, or cility’s workforce or annual operating diagnostic purposes, and are stored and used ognized for 5 minutes. budget has nothing to do with the fa- in containers that are typically manipulated There was no objection. cility’s security risk. by one person. Mr. OLSON. Mr. Chairman, this At our October 1 hearing, we heard Page 20, line 12, strike ‘‘and’’ after the amendment addresses academic labora- testimony from Rand Beers, Undersec- semicolon. tories which is defined as a facility

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12529 owned by an institution of higher This amendment is supported by the Davis (AL) Kilroy Polis (CO) Davis (CA) Kind Pomeroy learning where relatively small quan- American Chemical Society, and I Davis (IL) Kirkpatrick (AZ) Price (NC) tities of substances are used for teach- want to reiterate and emphasize it is Davis (TN) Kissell Quigley ing or research purposes. also supported by the American Coun- DeFazio Klein (FL) Rahall These types of institutions are vastly cil of Education and institutions of DeGette Kosmas Rangel Delahunt Kratovil Reyes different from the majority of chemical learning across the country. DeLauro Kucinich Richardson facilities that we all think of in terms I urge my colleagues to join me in Dicks Langevin Rodriguez of large manufacturing plants. The support of this amendment, which will Dingell Larsen (WA) Ross Doggett Larson (CT) Rothman (NJ) Secretary is required to take these dif- ensure that the Department of Home- Donnelly (IN) Lee (CA) Roybal-Allard ferences into account and may develop land Security adequately protects our Doyle Levin Ruppersberger modified or separate procedures for Nation’s students, teachers, and re- Driehaus Lewis (GA) Rush such institutions. search institutions. Edwards (MD) Lipinski Ryan (OH) Edwards (TX) Loebsack Sablan The American Council on Education Mr. OLSON. Mr. Chairman, with no Ellison Lofgren, Zoe Salazar supports this amendment. one on my side waiting to speak, I Ellsworth Lowey Sanchez, Loretta Engel Luja´ n Sarbanes b 1515 yield back the balance of my time. Mr. FOSTER. I yield back the bal- Eshoo Lynch Schakowsky They will still be required to conduct Etheridge Maffei Schauer ance of my time. Faleomavaega Maloney Schiff security vulnerability assessments and The Acting CHAIR. The question is Farr Markey (CO) Schrader site security plans. on the amendment offered by the gen- Fattah Markey (MA) Schwartz The qualifier ‘‘as appropriate’’ in- Filner Marshall Scott (GA) tleman from Illinois (Mr. FOSTER). cluded in the amendment still gives Foster Massa Scott (VA) The amendment was agreed to. Frank (MA) Matheson Serrano the Secretary some direction as to if Fudge Matsui Sestak ANNOUNCEMENT BY THE ACTING CHAIR she wants to provide separate proce- Garamendi McCarthy (NY) Shea-Porter dures for conducting the vulnerability The Acting CHAIR. Pursuant to Giffords McCollum Sherman assessments and site security plans. clause 6 of rule XVIII, proceedings will Gonzalez McDermott Shuler now resume on those amendments Gordon (TN) McGovern Sires Most colleges and universities have al- Grayson McIntyre Skelton ready completed these required vulner- printed in part B of House Report 111– Green, Al McMahon Slaughter ability assessments, and so this lan- 327 on which further proceedings were Green, Gene McNerney Smith (WA) postponed, in the following order: Griffith Meek (FL) Snyder guage, while well-intended, will have Grijalva Melancon Space little impact. Amendment No. 1 by Mr. THOMPSON Gutierrez Michaud Spratt It is unfortunate that the amend- of Mississippi. Hall (NY) Miller (NC) Stark Amendment No. 2 by Mr. BARTON of Halvorson Miller, George Stupak ment does not provide colleges and uni- Hare Minnick Sutton versities any exceptions or alternative Texas. Harman Mitchell Tanner procedures for the IST assessment and Amendment No. 4 by Mr. DENT of Hastings (FL) Mollohan Taylor implementation requirements of this Pennsylvania. Heinrich Moore (KS) Teague Amendment No. 5 by Mr. DENT of Herseth Sandlin Moore (WI) Thompson (CA) legislation. Despite this amendment, 99 Higgins Moran (VA) Thompson (MS) colleges and universities will have to Pennsylvania. Hill Murphy (CT) Tierney conduct costly IST assessments, and 23 Amendment No. 8 by Mr. MCCAUL of Himes Murphy (NY) Titus Texas Hinchey Murtha Tonko of them in 14 States may be required to Hinojosa Nadler (NY) Towns implement the findings of these assess- The Chair will reduce to 5 minutes Hirono Napolitano Tsongas ments. the time for any electronic vote after Hodes Neal (MA) Van Hollen I reserve the balance of my time. the first vote in this series. Holden Nye Vela´ zquez Holt Oberstar Visclosky Mr. FOSTER. Mr. Chairman, I hap- AMENDMENT NO. 1 OFFERED BY MR. THOMPSON Honda Obey Walz pily yield such time as he may con- OF MISSISSIPPI Hoyer Olver Wasserman sume to my colleague from New Mex- The Acting CHAIR. The unfinished Inslee Ortiz Schultz ´ business is the demand for a recorded Israel Owens Waters ico (Mr. LUJAN). Jackson (IL) Pallone Watson Mr. LUJA´ N. Mr. Chairman, I thank vote on the amendment offered by the Jackson-Lee Pascrell Watt my colleague, Mr. FOSTER, for recogni- gentleman from Mississippi (Mr. (TX) Pastor (AZ) Waxman tion and for his cooperation in working THOMPSON) on which further pro- Johnson (GA) Payne Weiner Kagen Perlmutter Welch on this amendment. I also commend ceedings were postponed and on which Kanjorski Perriello Wexler Chairman THOMPSON for bringing this the ayes prevailed by voice vote. Kaptur Peters Wilson (OH) important legislation to the floor. The Clerk will redesignate the Kennedy Peterson Woolsey amendment. Kildee Pierluisi Wu In universities, colleges, and edu- Kilpatrick (MI) Pingree (ME) Yarmuth cational institutions across the Nation, The Clerk redesignated the amend- researchers and students are currently ment. NOES—168 utilizing educational laboratories to RECORDED VOTE Akin Campbell Gingrey (GA) Alexander Cantor Gohmert expand the limits of our scientific The Acting CHAIR. A recorded vote Austria Cao Goodlatte knowledge and develop the skills need- has been demanded. Bachmann Capito Granger ed to thrive in high-tech jobs of tomor- A recorded vote was ordered. Bachus Castle Graves row. This is an important opportunity Barrett (SC) Chaffetz Guthrie The vote was taken by electronic de- Bartlett Coble Hall (TX) to make sure that we are preparing vice, and there were—ayes 253, noes 168, Barton (TX) Coffman (CO) Harper them for the jobs of the future. not voting 19, as follows: Biggert Cole Hastings (WA) Bilbray Crenshaw Heller This commonsense amendment will [Roll No. 869] allow this work to continue, while en- Bilirakis Culberson Hensarling AYES—253 Bishop (UT) Davis (KY) Herger suring that academic laboratories are Blackburn Deal (GA) Hoekstra Abercrombie Boccieri Castor (FL) Blunt Dent Hunter protected from the unique security Ackerman Bordallo Childers Bonner Diaz-Balart, L. Inglis threats that they may face. Through Adler (NJ) Boren Chu Bono Mack Diaz-Balart, M. Issa Altmire Boswell Clarke this amendment, the Department of Boozman Dreier Jenkins Andrews Boucher Clay Homeland Security will have the flexi- Boustany Duncan Johnson (IL) Arcuri Boyd Cleaver Brady (TX) Fallin Johnson, Sam bility to recognize that these labs, Baca Brady (PA) Clyburn Broun (GA) Flake Jones Baird Braley (IA) Cohen which may contain a large variety of Brown (SC) Fleming Jordan (OH) Baldwin Bright Connolly (VA) chemicals, rarely possess any specific Brown-Waite, Forbes King (IA) Barrow Brown, Corrine Conyers Ginny Fortenberry King (NY) chemical in the large quantities typ- Bean Butterfield Cooper Buchanan Foxx Kingston ical of industrial facilities. The Depart- Becerra Capps Costello Burgess Franks (AZ) Kirk Berkley Capuano Courtney ment will have the capability to assess Burton (IN) Frelinghuysen Kline (MN) Berman Cardoza Crowley and oversee specific security chal- Buyer Gallegly Lamborn Berry Carnahan Cuellar Calvert Garrett (NJ) Lance lenges these labs face from infiltration, Bishop (NY) Carney Cummings Camp Gerlach Latham tampering, theft or attack. Blumenauer Carson (IN) Dahlkemper

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12530 CONGRESSIONAL RECORD — HOUSE November 6, 2009 LaTourette Myrick Sensenbrenner Crenshaw Kirk Putnam Moore (KS) Reyes Stark Latta Neugebauer Sessions Davis (KY) Kline (MN) Radanovich Moore (WI) Richardson Stupak Lee (NY) Olson Shadegg Dent Lamborn Rehberg Moran (VA) Rodriguez Sutton Lewis (CA) Paul Shimkus Diaz-Balart, L. Latham Reichert Murphy (CT) Rohrabacher Tanner Linder Paulsen Shuster Diaz-Balart, M. LaTourette Roe (TN) Murphy (NY) Ross Taylor LoBiondo Pence Simpson Dreier Latta Rogers (AL) Murtha Rothman (NJ) Thompson (CA) Lucas Petri Smith (NE) Duncan Lee (NY) Rogers (KY) Nadler (NY) Roybal-Allard Thompson (MS) Luetkemeyer Pitts Smith (NJ) Ellsworth Lewis (CA) Rooney Napolitano Ruppersberger Thornberry Lummis Platts Smith (TX) Neal (MA) Rush Emerson Linder Ros-Lehtinen Tierney Lungren, Daniel Poe (TX) Souder Fallin Lucas Neugebauer Ryan (OH) Roskam Titus E. Posey Stearns Fleming Luetkemeyer Nye Sablan Royce Tonko Mack Price (GA) Sullivan Forbes Lummis Oberstar Salazar Ryan (WI) Towns Manzullo Putnam Terry Fortenberry Lungren, Daniel Scalise Obey Sanchez, Loretta Marchant Radanovich Thompson (PA) Foster E. Olver Sarbanes Tsongas Schmidt Van Hollen McCarthy (CA) Rehberg Thornberry Foxx Mack Schock Ortiz Schakowsky McCaul Reichert Tiahrt Vela´ zquez Franks (AZ) Marchant Sensenbrenner Owens Schauer McClintock Roe (TN) Tiberi Pallone Schiff Visclosky Gallegly Marshall Sessions McCotter Rogers (AL) Turner Garrett (NJ) Matheson Pascrell Schrader Walz Shadegg McHenry Rogers (KY) Upton Gingrey (GA) McCarthy (CA) Pastor (AZ) Schwartz Wamp Shea-Porter McKeon Rohrabacher Walden Gohmert McCaul Paul Scott (GA) Wasserman Shimkus McMorris Rooney Wamp Goodlatte McClintock Payne Scott (VA) Schultz Shuster Rodgers Ros-Lehtinen Westmoreland Gordon (TN) McCotter Perlmutter Serrano Waters Simpson Mica Roskam Whitfield Granger McHenry Perriello Sestak Smith (NE) Watson Miller (FL) Royce Wilson (SC) Graves McKeon Peters Sherman Watt Miller (MI) Ryan (WI) Wittman Griffith McMorris Smith (TX) Peterson Shuler Souder Waxman Miller, Gary Scalise Wolf Guthrie Rodgers Pierluisi Sires Weiner Moran (KS) Schmidt Young (AK) Stearns Pingree (ME) Hall (TX) Mica Skelton Welch Murphy, Tim Schock Young (FL) Harper Miller (FL) Sullivan Platts Slaughter Wexler Hastings (WA) Miller (MI) Teague Polis (CO) Smith (NJ) Wilson (OH) NOT VOTING—19 Heller Miller, Gary Terry Pomeroy Smith (WA) Woolsey Aderholt Conaway Norton Hensarling Minnick Thompson (PA) Price (NC) Snyder Wu Bishop (GA) Costa Nunes Herger Moran (KS) Tiahrt Quigley Space Yarmuth Boehner Ehlers Rogers (MI) Hoekstra Murphy, Tim Tiberi Rahall Speier Young (FL) Carter Emerson Sa´ nchez, Linda Hunter Myrick Turner Rangel Spratt Cassidy Johnson, E. B. T. Inglis Olson Upton Walden NOT VOTING—13 Chandler Meeks (NY) Speier Issa Paulsen Christensen Murphy, Patrick Jenkins Pence Westmoreland Aderholt Conaway Nunes Johnson (IL) Petri Whitfield Boehner Ehlers Rogers (MI) b 1544 Johnson, Sam Pitts Wilson (SC) Carter McDermott Sa´ nchez, Linda Jordan (OH) Poe (TX) Wittman Cassidy Murphy, Patrick T. Messrs. CALVERT, McHENRY, King (IA) Posey Wolf Chandler Norton PLATTS and CAO changed their vote King (NY) Price (GA) Young (AK) from ‘‘aye’’ to ‘‘no.’’ ANNOUNCEMENT BY THE ACTING CHAIR So the amendment was agreed to. NOES—262 The Acting CHAIR (during the vote). The result of the vote was announced Abercrombie Deal (GA) Jackson-Lee Members have 2 minutes remaining in Ackerman DeFazio (TX) this vote. as above recorded. Adler (NJ) DeGette Johnson (GA) Stated for: Arcuri Delahunt Johnson, E. B. b 1551 Ms. EDDIE BERNICE JOHNSON of Texas. Baca DeLauro Jones Mr. MORAN of Virginia changed his Mr. Chair, on rollcall No. 869, I had a personal Baird Dicks Kagen Baldwin Dingell Kanjorski vote from ‘‘aye’’ to ‘‘no.’’ emergency. Had I been present, I would have Barrow Doggett Kaptur So the amendment was rejected. voted ‘‘aye.’’ Bean Donnelly (IN) Kennedy Becerra Doyle Kildee The result of the vote was announced AMENDMENT NO. 2 OFFERED BY MR. BARTON OF Berkley Driehaus Kilpatrick (MI) as above recorded. TEXAS Berman Edwards (MD) Kilroy AMENDMENT NO. 4 OFFERED BY MR. DENT The Acting CHAIR. The unfinished Berry Edwards (TX) Kind business is the demand for a recorded Bishop (GA) Ellison Kingston The Acting CHAIR. The unfinished vote on the amendment offered by the Bishop (NY) Engel Kirkpatrick (AZ) business is the demand for a recorded Blumenauer Eshoo Kissell vote on the amendment offered by the gentleman from Texas (Mr. BARTON) on Boccieri Etheridge Klein (FL) which further proceedings were post- Bordallo Faleomavaega Kosmas gentleman from Pennsylvania (Mr. poned and on which the noes prevailed Boyd Farr Kratovil DENT) on which further proceedings Brady (PA) Fattah Kucinich were postponed and on which the noes by voice vote. Braley (IA) Filner Lance The Clerk will redesignate the Broun (GA) Flake Langevin prevailed by voice vote. amendment. Brown, Corrine Frank (MA) Larsen (WA) The Clerk will redesignate the The Clerk redesignated the amend- Brown-Waite, Frelinghuysen Larson (CT) amendment. Ginny Fudge Lee (CA) The Clerk redesignated the amendment. Butterfield Garamendi Levin ment. RECORDED VOTE Capito Gerlach Lewis (GA) Capps Giffords Lipinski RECORDED VOTE The Acting CHAIR. A recorded vote Capuano Gonzalez LoBiondo has been demanded. Carnahan Grayson Loebsack The Acting CHAIR. A recorded vote A recorded vote was ordered. Carney Green, Al Lofgren, Zoe has been demanded. The Acting CHAIR. This will be a 5- Carson (IN) Green, Gene Lowey A recorded vote was ordered. Castle Grijalva Luja´ n The Acting CHAIR. This will be a 5- minute vote. Castor (FL) Gutierrez Lynch The vote was taken by electronic de- Childers Hall (NY) Maffei minute vote. vice, and there were—ayes 165, noes 262, Christensen Halvorson Maloney The vote was taken by electronic de- Chu Hare Manzullo not voting 13, as follows: vice, and there were—ayes 186, noes 241, Clarke Harman Markey (CO) not voting 13, as follows: [Roll No. 870] Clay Hastings (FL) Markey (MA) Cleaver Heinrich Massa [Roll No. 871] AYES—165 Clyburn Herseth Sandlin Matsui AYES—186 Akin Blackburn Burton (IN) Connolly (VA) Higgins McCarthy (NY) Alexander Blunt Buyer Conyers Hill McCollum Akin Bishop (UT) Brown-Waite, Altmire Bonner Calvert Costa Himes McGovern Alexander Blackburn Ginny Andrews Bono Mack Camp Costello Hinchey McIntyre Austria Blunt Buchanan Austria Boozman Campbell Courtney Hinojosa McMahon Bachmann Boehner Burgess Bachmann Boren Cantor Crowley Hirono McNerney Bachus Bonner Burton (IN) Bachus Boswell Cao Cuellar Hodes Meek (FL) Baird Bono Mack Buyer Barrett (SC) Boucher Cardoza Culberson Holden Meeks (NY) Barrett (SC) Boozman Calvert Bartlett Boustany Chaffetz Cummings Holt Melancon Barrow Boren Camp Barton (TX) Brady (TX) Coble Dahlkemper Honda Michaud Bartlett Boustany Campbell Biggert Bright Coffman (CO) Davis (AL) Hoyer Miller (NC) Barton (TX) Brady (TX) Cantor Bilbray Brown (SC) Cohen Davis (CA) Inslee Miller, George Biggert Bright Cao Bilirakis Buchanan Cole Davis (IL) Israel Mitchell Bilbray Broun (GA) Capito Bishop (UT) Burgess Cooper Davis (TN) Jackson (IL) Mollohan Bilirakis Brown (SC) Cassidy

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12531 Castle Jones Price (GA) McCollum Perriello Shuler Cole King (NY) Putnam Chaffetz Jordan (OH) Putnam McDermott Peters Sires Costello Kingston Radanovich Coble King (IA) Radanovich McGovern Peterson Slaughter Crenshaw Kirk Rehberg Coffman (CO) King (NY) Rehberg McIntyre Pierluisi Smith (WA) Culberson Kline (MN) Reichert Cole Kingston Reichert McMahon Pingree (ME) Snyder Davis (KY) Lamborn Roe (TN) Crenshaw Kirk Roe (TN) McNerney Polis (CO) Speier Deal (GA) Lance Rogers (AL) Culberson Kline (MN) Rogers (AL) Meek (FL) Pomeroy Stark Dent Latham Rogers (KY) Davis (KY) Lamborn Rogers (KY) Meeks (NY) Price (NC) Stupak Diaz-Balart, L. LaTourette Rohrabacher Deal (GA) Lance Rohrabacher Melancon Quigley Sutton Diaz-Balart, M. Latta Rooney Dent Latham Rooney Michaud Rahall Tanner Donnelly (IN) Lee (NY) Ros-Lehtinen Miller (NC) Dreier Lewis (CA) Diaz-Balart, L. LaTourette Ros-Lehtinen Rangel Thompson (CA) Roskam Miller, George Reyes Thompson (MS) Duncan Linder Diaz-Balart, M. Latta Roskam Royce Donnelly (IN) Lee (NY) Royce Mitchell Richardson Tierney Ellsworth LoBiondo Ryan (WI) Dreier Lewis (CA) Ryan (WI) Mollohan Rodriguez Titus Emerson Lucas Scalise Duncan Linder Salazar Moore (KS) Ross Tonko Fallin Luetkemeyer Schmidt Ellsworth LoBiondo Scalise Moore (WI) Rothman (NJ) Towns Flake Lummis Emerson Lucas Schmidt Moran (VA) Roybal-Allard Tsongas Fleming Lungren, Daniel Schock Fallin Luetkemeyer Sensenbrenner Murphy (CT) Ruppersberger Van Hollen Forbes E. Sensenbrenner Flake Lummis Sessions Murphy (NY) Rush Vela´ zquez Fortenberry Mack Sessions Fleming Lungren, Daniel Shadegg Murtha Ryan (OH) Visclosky Foxx Manzullo Shadegg Forbes E. Shimkus Nadler (NY) Sablan Walz Franks (AZ) Marchant Shimkus Fortenberry Mack Shuster Napolitano Sanchez, Loretta Wasserman Frelinghuysen Markey (CO) Shuster Foxx Manzullo Simpson Neal (MA) Sarbanes Schultz Gallegly Marshall Simpson Franks (AZ) Marshall Skelton Nye Schakowsky Waters Garrett (NJ) McCarthy (CA) Skelton Frelinghuysen McCarthy (CA) Smith (NE) Oberstar Schauer Watson Gerlach McCaul Smith (NE) Gallegly McCaul Smith (NJ) Obey Schiff Watt Gingrey (GA) McClintock Smith (NJ) Garrett (NJ) McClintock Smith (TX) Olver Schrader Waxman Gohmert McCotter Smith (TX) Gerlach McCotter Souder Ortiz Schwartz Weiner Goodlatte McHenry Souder Gingrey (GA) McHenry Space Owens Scott (GA) Welch Granger McKeon Space Gohmert McKeon Spratt Pallone Scott (VA) Wexler Graves McMorris Stearns Goodlatte McMorris Stearns Pascrell Serrano Wilson (OH) Griffith Rodgers Sullivan Granger Rodgers Sullivan Pastor (AZ) Sestak Woolsey Guthrie Mica Tanner Graves Mica Taylor Payne Shea-Porter Wu Hall (TX) Miller (FL) Taylor Green, Gene Miller (FL) Teague Perlmutter Sherman Yarmuth Halvorson Miller (MI) Teague Griffith Miller (MI) Terry Harper Miller, Gary Terry NOT VOTING—13 Hastings (WA) Minnick Guthrie Miller, Gary Thompson (PA) Thompson (PA) Hall (TX) Minnick Thornberry Heller Moran (KS) Aderholt Farr Rogers (MI) Thornberry Halvorson Moran (KS) Tiahrt ´ Hensarling Murphy, Tim Carter Marchant Sanchez, Linda Tiahrt Harper Murphy, Tim Tiberi Chandler Murphy, Patrick Herger Myrick T. Tiberi Hastings (WA) Myrick Turner Conaway Norton Herseth Sandlin Neugebauer Schock Turner Heller Neugebauer Upton Ehlers Nunes Hoekstra Olson Hensarling Olson Walden Holden Paul Upton Herger Paul Wamp ANNOUNCEMENT BY THE ACTING CHAIR Hunter Paulsen Walden Hoekstra Paulsen Westmoreland The Acting CHAIR (during the vote). Inglis Pence Wamp Westmoreland Hunter Pence Whitfield Members have 2 minutes remaining in Issa Petri Inglis Petri Wilson (SC) Jenkins Pitts Whitfield Issa Pitts Wittman this vote. Johnson (IL) Platts Wilson (SC) Jenkins Platts Wolf Johnson, Sam Poe (TX) Wittman Johnson (IL) Poe (TX) Young (AK) 1558 Jones Pomeroy Wolf Johnson, Sam Posey Young (FL) b Jordan (OH) Posey Young (AK) So the amendment was rejected. King (IA) Price (GA) Young (FL) NOES—241 The result of the vote was announced NOES—236 Abercrombie Cuellar Hirono as above recorded. Abercrombie Davis (AL) Hodes Ackerman Cummings Hodes Ackerman Davis (CA) Holt Adler (NJ) Dahlkemper AMENDMENT NO. 5 OFFERED BY MR. DENT Holden Adler (NJ) Davis (IL) Honda Altmire Davis (AL) Holt The Acting CHAIR. The unfinished Altmire Davis (TN) Hoyer Andrews Davis (CA) Honda business is the demand for a recorded Andrews DeFazio Inslee Arcuri Davis (IL) Hoyer Baca DeGette Israel Baca Davis (TN) vote on the amendment offered by the Inslee Baldwin Delahunt Jackson (IL) Baldwin DeFazio gentleman from Pennsylvania (Mr. Israel Barrow DeLauro Jackson-Lee Bean DeGette Jackson (IL) DENT) on which further proceedings Bean Dicks (TX) Becerra Delahunt Jackson-Lee were postponed and on which the noes Becerra Dingell Johnson (GA) Berkley DeLauro (TX) Berkley Doggett Johnson, E. B. Berman Dicks prevailed by voice vote. Johnson (GA) Berman Doyle Kagen Berry Dingell Johnson, E. B. The Clerk will redesignate the Bishop (GA) Driehaus Kanjorski Bishop (GA) Doggett Kagen amendment. Bishop (NY) Edwards (MD) Kaptur Bishop (NY) Doyle Kanjorski Blumenauer Edwards (TX) Kennedy Blumenauer Driehaus The Clerk redesignated the amend- Kaptur Boccieri Ellison Kildee Boccieri Edwards (MD) ment. Kennedy Bordallo Engel Kilpatrick (MI) Bordallo Edwards (TX) Kildee RECORDED VOTE Boucher Eshoo Kilroy Boswell Ellison Kilpatrick (MI) Boyd Etheridge Kind Boucher Engel The Acting CHAIR. A recorded vote Kilroy Brady (PA) Faleomavaega Kirkpatrick (AZ) Boyd Eshoo Kind has been demanded. Braley (IA) Farr Kissell Brady (PA) Etheridge Kirkpatrick (AZ) A recorded vote was ordered. Brown, Corrine Fattah Klein (FL) Braley (IA) Faleomavaega Kissell Butterfield Filner Kosmas Brown, Corrine Fattah The Acting CHAIR. This will be a 5- Klein (FL) Capps Foster Kratovil Butterfield Filner minute vote. Kosmas Capuano Frank (MA) Kucinich Capps Foster Kratovil The vote was taken by electronic de- Cardoza Fudge Langevin Capuano Frank (MA) Kucinich vice, and there were—ayes 193, noes 236, Carnahan Garamendi Larsen (WA) Cardoza Fudge Langevin Carney Giffords Larson (CT) Carnahan Garamendi not voting 11, as follows: Larsen (WA) Carson (IN) Gonzalez Lee (CA) Carney Giffords Larson (CT) [Roll No. 872] Castor (FL) Gordon (TN) Levin Carson (IN) Gonzalez Lee (CA) Childers Grayson Lewis (GA) Castor (FL) Gordon (TN) AYES—193 Levin Christensen Green, Al Lipinski Childers Grayson Akin Blackburn Buchanan Lewis (GA) Chu Green, Gene Loebsack Christensen Green, Al Alexander Blunt Burgess Lipinski Clarke Grijalva Lofgren, Zoe Chu Grijalva Arcuri Boehner Burton (IN) Loebsack Clay Gutierrez Lowey Clarke Gutierrez Austria Bonner Buyer Lofgren, Zoe Clyburn Hall (NY) Luja´ n Clay Hall (NY) Bachmann Bono Mack Calvert Lowey Cohen Hare Lynch Cleaver Hare ´ Bachus Boozman Camp Lujan Connolly (VA) Harman Maffei Clyburn Harman Baird Boren Campbell Lynch Conyers Hastings (FL) Maloney Cohen Hastings (FL) Barrett (SC) Boswell Cantor Maffei Cooper Heinrich Markey (MA) Connolly (VA) Heinrich Bartlett Boustany Cao Maloney Costa Higgins Massa Conyers Herseth Sandlin Barton (TX) Brady (TX) Capito Markey (CO) Courtney Hill Matheson Cooper Higgins Berry Bright Cassidy Markey (MA) Crowley Himes Matsui Costa Hill Biggert Broun (GA) Castle Massa Cuellar Hinchey McCarthy (NY) Costello Himes Bilbray Brown (SC) Chaffetz Matheson Cummings Hinojosa McCollum Courtney Hinchey Bilirakis Brown-Waite, Coble Matsui Dahlkemper Hirono McDermott Crowley Hinojosa McCarthy (NY) Bishop (UT) Ginny Coffman (CO)

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12532 CONGRESSIONAL RECORD — HOUSE November 6, 2009 McGovern Peterson Slaughter Capito Jones Posey Matsui Perriello Sires McIntyre Pierluisi Smith (WA) Cassidy Jordan (OH) Price (GA) McCarthy (NY) Peters Skelton McMahon Pingree (ME) Snyder Castle King (NY) Putnam McCollum Peterson Slaughter McNerney Polis (CO) Speier Chaffetz Kingston Radanovich McDermott Pierluisi Smith (WA) Meek (FL) Price (NC) Spratt Coble Kirk Rehberg McGovern Pingree (ME) Snyder Meeks (NY) Quigley Stark Coffman (CO) Kline (MN) Reichert McIntyre Polis (CO) Space Melancon Rahall Stupak Cole Kratovil Roe (TN) McNerney Price (NC) Speier Michaud Rangel Sutton Cooper Lamborn Rogers (AL) Meek (FL) Quigley Stark Miller (NC) Reyes Meeks (NY) Rahall Stupak Thompson (CA) Costa Lance Rogers (KY) Miller, George Richardson Crenshaw Latham Melancon Rangel Sutton Thompson (MS) Rohrabacher Mitchell Rodriguez Culberson LaTourette Michaud Reyes Tanner Tierney Rooney Mollohan Ross Dahlkemper Latta Miller (NC) Richardson Thompson (CA) Titus Ros-Lehtinen Moore (KS) Rothman (NJ) Davis (KY) Lee (NY) Miller, George Rodriguez Thompson (MS) Roskam Moore (WI) Roybal-Allard Tonko Deal (GA) Lewis (CA) Mitchell Ross Tierney Royce Moran (VA) Ruppersberger Towns Dent Linder Mollohan Rothman (NJ) Titus Ryan (WI) Murphy (CT) Rush Tsongas Diaz-Balart, L. LoBiondo Moore (KS) Roybal-Allard Tonko Murphy (NY) Ryan (OH) Van Hollen Diaz-Balart, M. Lucas Salazar Moore (WI) Ruppersberger Towns Murtha Sablan Vela´ zquez Donnelly (IN) Luetkemeyer Scalise Moran (VA) Rush Tsongas Nadler (NY) Salazar Visclosky Dreier Lummis Schmidt Murphy (CT) Ryan (OH) Van Hollen Napolitano Sanchez, Loretta Walz Duncan Lungren, Daniel Schock Murtha Sablan Vela´ zquez Neal (MA) Sarbanes Wasserman Ellsworth E. Sensenbrenner Nadler (NY) Sanchez, Loretta Visclosky Nye Schakowsky Schultz Emerson Mack Sessions Napolitano Sarbanes Walz Oberstar Schauer Waters Fallin Manzullo Shadegg Neal (MA) Schakowsky Wasserman Obey Schiff Watson Flake Marchant Shimkus Nye Schauer Schultz Olver Schrader Watt Fleming Marshall Shuster Oberstar Schiff Waters Ortiz Schwartz Waxman Forbes McCarthy (CA) Simpson Obey Schrader Watson Owens Scott (GA) Weiner Fortenberry McCaul Smith (NE) Olver Schwartz Waxman Pallone Scott (VA) Ortiz Scott (GA) Weiner Welch Foxx McClintock Smith (NJ) Pascrell Serrano Franks (AZ) McCotter Owens Scott (VA) Welch Wexler Smith (TX) Pastor (AZ) Sestak Frelinghuysen McHenry Pallone Serrano Wexler Wilson (OH) Souder Payne Shea-Porter Gallegly McKeon Spratt Pascrell Sestak Wilson (OH) Perlmutter Sherman Woolsey Garrett (NJ) McMahon Pastor (AZ) Shea-Porter Woolsey Wu Stearns Perriello Shuler Gerlach McMorris Sullivan Payne Sherman Wu Yarmuth Peters Sires Gingrey (GA) Rodgers Taylor Perlmutter Shuler Yarmuth Goodlatte Mica NOT VOTING—11 Teague NOT VOTING—12 Gordon (TN) Miller (FL) Terry Granger Miller (MI) Aderholt Gohmert Rogers (MI) Aderholt Conaway Nunes Thompson (PA) Graves Miller, Gary Carter King (IA) Sa´ nchez, Linda Carter Ehlers Rogers (MI) Thornberry Chandler Murphy, Patrick Sa´ nchez, Linda Griffith Minnick Chandler Murphy, Patrick T. Tiahrt Cleaver Norton T. Guthrie Moran (KS) Conaway Norton Hall (TX) Murphy (NY) Tiberi Ehlers Nunes ANNOUNCEMENT BY THE ACTING CHAIR Halvorson Murphy, Tim Turner ANNOUNCEMENT BY THE ACTING CHAIR The Acting CHAIR (during the vote). Harper Myrick Upton Walden The Acting CHAIR (during the vote). There are 2 minutes remaining on this Hastings (WA) Neugebauer Heller Olson Wamp There are 2 minutes remaining on this vote. Watt Hensarling Paul vote. Herger Paulsen Westmoreland b 1605 Hoekstra Pence Whitfield b 1612 Hunter Petri Wilson (SC) Mrs. CAPPS changed her vote from Inglis Pitts Wittman Mr. TERRY changed his vote from ‘‘aye’’ to ‘‘no.’’ Issa Platts Wolf ‘‘no’’ to ‘‘aye.’’ So the amendment was rejected. Jenkins Poe (TX) Young (AK) So the amendment was rejected. The result of the vote was announced Johnson, Sam Pomeroy Young (FL) The result of the vote was announced as above recorded. NOES—232 as above recorded. AMENDMENT NO. 8 OFFERED BY MR. MCCAUL The Acting CHAIR. The question is Abercrombie Davis (IL) Hodes on the amendment in the nature of a The Acting CHAIR. The unfinished Ackerman Davis (TN) Holden business is the demand for a recorded Andrews DeFazio Holt substitute, as amended. The amendment in the nature of a vote on the amendment offered by the Baca DeGette Honda Baldwin Delahunt Hoyer substitute, as amended, was agreed to. gentleman from Texas (Mr. MCCAUL) Barrow DeLauro Inslee The Acting CHAIR. Under the rule, on which further proceedings were Becerra Dicks Israel the Committee rises. postponed and on which the noes pre- Berkley Dingell Jackson (IL) Berman Doggett Jackson-Lee Accordingly, the Committee rose; vailed by voice vote. Bishop (GA) Doyle (TX) and the Speaker pro tempore (Mr. PAS- The Clerk will redesignate the Bishop (NY) Driehaus Johnson (GA) TOR of Arizona) having assumed the amendment. Blumenauer Edwards (MD) Johnson (IL) Boccieri Edwards (TX) Johnson, E. B. chair, Mr. MORAN of Virginia, Acting The Clerk redesignated the amend- Bordallo Ellison Kagen Chair of the Committee of the Whole ment. Boucher Engel Kanjorski House on the State of the Union, re- RECORDED VOTE Boyd Eshoo Kaptur ported that that Committee, having Brady (PA) Etheridge Kennedy The Acting CHAIR. A recorded vote Braley (IA) Faleomavaega Kildee had under consideration the bill (H.R. has been demanded. Brown, Corrine Farr Kilpatrick (MI) 2868) to amend the Homeland Security A recorded vote was ordered. Butterfield Fattah Kilroy Act of 2002 to extend, modify, and re- Capps Filner Kind codify the authority of the Secretary The Acting CHAIR. This will be a 5- Capuano Foster Kirkpatrick (AZ) minute vote. Cardoza Frank (MA) Kissell of Homeland Security to enhance secu- The vote was taken by electronic de- Carnahan Fudge Klein (FL) rity and protect against acts of ter- vice, and there were—ayes 196, noes 232, Carney Garamendi Kosmas rorism against chemical facilities, and Carson (IN) Giffords Kucinich not voting 12, as follows: Castor (FL) Gonzalez Langevin for other purposes, pursuant to House [Roll No. 873] Childers Grayson Larsen (WA) Resolution 885, he reported the bill Christensen Green, Al Larson (CT) AYES—196 back to the House with an amendment Chu Green, Gene Lee (CA) adopted by the Committee of the Adler (NJ) Biggert Bright Clarke Grijalva Levin Akin Bilbray Broun (GA) Clay Gutierrez Lewis (GA) Whole. Alexander Bilirakis Brown (SC) Cleaver Hall (NY) Lipinski The SPEAKER pro tempore. Under Altmire Bishop (UT) Brown-Waite, Clyburn Hare Loebsack the rule, the previous question is or- Arcuri Blackburn Ginny Cohen Harman Lofgren, Zoe dered. Austria Blunt Buchanan Connolly (VA) Hastings (FL) Lowey Bachmann Boehner Burgess Conyers Heinrich Luja´ n The question is on the amendment in Bachus Bonner Burton (IN) Costello Herseth Sandlin Lynch the nature of a substitute, as amended. Baird Bono Mack Buyer Courtney Higgins Maffei The amendment in the nature of a Barrett (SC) Boozman Calvert Crowley Hill Maloney substitute, as amended, was agreed to. Bartlett Boren Camp Cuellar Himes Markey (CO) The SPEAKER pro tempore. The Barton (TX) Boswell Campbell Cummings Hinchey Markey (MA) Bean Boustany Cantor Davis (AL) Hinojosa Massa question is on the engrossment and Berry Brady (TX) Cao Davis (CA) Hirono Matheson third reading of the bill.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12533 The bill was ordered to be engrossed And for those of you who say that sec- We heard the promises from the ma- and read a third time, and was read the tor will be exempt, I say prove it. jority to create jobs. We heard that the third time. That’s not true. That’s not in the legis- stimulus bill would cap unemployment lation. If it is, just tell me which page at 8 percent. Just yesterday, I heard b 1615 to turn to in here, and we’ll try to find several Members of Congress say that MOTION TO RECOMMIT it. It’s not in here. this legislation would not cost Amer- Mr. DENT. Mr. Speaker, I have a mo- The cost of mandating IST is stag- ican jobs. If you believe that, if that tion to recommit at the desk. gering. Twenty-seven associations, in- wasn’t just talk for the television cam- The SPEAKER pro tempore. Is the cluding the U.S. Chamber of Com- eras, then you should support this mo- gentleman opposed to the bill? merce, stated that the costs are esti- tion to recommit. Mr. DENT. I am, in its present form. mated to range from thousands of dol- This is an opportunity to save jobs The SPEAKER pro tempore. The lars to millions of dollars per facility— before they need creating, to prevent Clerk will report the motion to recom- millions of dollars. Almost 60 percent putting more hardworking Americans mit. of the facilities regulated under this on unemployment, to stand up for the The Clerk read as follows: act employ fewer than 50 individuals. farmers who put food on our table, to Mr. Dent moves to recommit the bill H.R. These are the smallest of small busi- stand up for manufacturers and to 2868 to the Committee on Homeland Security nesses. Do we really think they can af- stand up for the small businesses own- with instructions to report the same back to ford to put millions of dollars into the ers. the House forthwith with the following amendments: redesigning of processes and facilities Support the motion to recommit and Page 52, line 16, strike ‘‘and’’. during these difficult economic times? let’s keep America working. Page 52, line 21, strike the period and in- We know the reality of these ex- I yield back the balance of my time. sert ‘‘; and’’. penses. When the cost of doing business Mr. THOMPSON of Mississippi. Mr. Page 52, after line 21, insert the following: goes up, there are only two options: Speaker, I rise to claim time in opposi- ‘‘(iv) would not significantly or demon- you can pass the cost on to consumers, tion. strably reduce the operations of the covered or you can lay off workers. In today’s The SPEAKER pro tempore. Is the chemical facility or result in any net reduc- competitive market, unfortunately, it gentleman from Mississippi opposed to tion in private sector employment when na- is much easier to shed a few employees the motion? tional unemployment is above 4 percent.’’. than to raise prices. You know it, I Mr. THOMPSON of Mississippi. In its Mr. DENT (during the reading). Mr. know it, and the American people present form, I am. Speaker, I ask unanimous consent that know it. The SPEAKER pro tempore. The gen- the motion to recommit be considered This is just the latest in a string of tleman is recognized for 5 minutes. as read. bills that will cost American jobs. The Mr. THOMPSON of Mississippi. Mr. The SPEAKER pro tempore. Is there health care bill will result in millions Speaker, I can say to my colleague in objection to the request of the gen- of lost jobs across the country. In my this motion to recommit, we will have tleman from Pennsylvania? district alone, more than 2,000 jobs are a jobs bill coming out of this body in There was no objection. at risk because of the medical device the not-too-distant future. I look for- The SPEAKER pro tempore. The gen- tax, and another 300 are in jeopardy ward to Republican support of that tleman from Pennsylvania is recog- just because of the dental provisions in jobs bill when it comes forth. nized for 5 minutes. the health care bill. But this is a security bill, Mr. Speak- Mr. DENT. Mr. Speaker, today, the The cap-and-trade bill, the national er. How in the world can we sacrifice Bureau of Labor Statistics issued the energy tax will force the Common- security and tie it to unemployment? most recent unemployment numbers, wealth of Pennsylvania to shed as Can you believe when the terrorists and they rose yet again to 10.2 percent, many as 66,000 jobs by 2020, according come they’ll say, Is the unemployment the highest unemployment rate in over to the Pennsylvania Public Utility rate low enough for us to attack you, 25 years. Last month, 190,000 hard- Commission, and raise energy costs for or should we wait until it gets to 4 per- working Americans lost their jobs, al- consumers and businesses alike. Every cent? In the last 478 months, we’ve had most a third of which came from the district in every State will point to 4 percent unemployment 6 of those manufacturing sector. similar job losses as a result of these months. So we’re going to have to wait Now, there are plenty of reasons to detrimental policies. all that time before we invest in secu- oppose the inclusion of any IST man- The hemorrhaging of American jobs rity. date in this bill; it’s a vague and sub- must stop. I’m not sure about other This is a security bill; it is not a jobs jective philosophy that will cost facili- Members in this Chamber, but to me bill. We will have an opportunity to do ties millions of dollars. The Depart- every job is important and every job a jobs bill later. I look forward to the ment has no experts on IST, inherently counts. This motion to recommit sim- Republican support for that. safer technologies, nor any plans to ply requires the Secretary to consider Mr. Speaker, I yield the balance of hire them. And it’s not really even the jobs of hardworking Americans be- my time to the gentleman from Massa- about security at all. fore imposing a mandate to implement chusetts (Mr. MARKEY). But the worst part of the IST man- inherently safer technologies, ISTs. Mr. MARKEY of Massachusetts. I date is that nowhere in the current bill This in no way reduces our Nation’s thank the gentleman from Mississippi, is the Secretary required to consider security. They are still required to im- and I thank him for his great work on the impact on the local economy and plement site security plans, but as this historic legislation. on the local workforce before imposing Chairman MARKEY said during markup, Unemployment has not been under 4 these unnecessary requirements. This The safer technology requirement is percent since September 11. One of the is simply unimaginable in the current not about bolstering security. When I reasons that it has not been under 4 economy. Unemployment is now at 10.2 offered a similar amendment at the full percent since September 11 is the at- percent. committee, my friend, Ms. JACKSON- tack on September 11, which paralyzed The agricultural sector, much of LEE, and my friend, Mr. CUELLAR, both our airline industry, paralyzed our which will now be regulated under this spoke in strong support stating, We tourism industry, and led to a precipi- bill, has an unemployment rate of over want to make sure that it does not ad- tous drop in GDP because of the reac- 11 percent. Perhaps that’s why agri- versely affect the workforce, which is tion to it. culture groups, including the Farm Bu- something we all support. That provi- And by the way, these workers that reau and others, warn that IST ‘‘could sion passed unanimously. That’s why I the Republicans want to protect, well, have a devastating impact on Amer- was angered when it was stripped out we received a letter from the Steel- ican agriculture.’’ That’s the Farm Bu- by the Rules Committee. workers, the Communications Workers, reau’s words, not mine. Now, I say enough is enough. This the Autoworkers, the Chemical Work- Mandating implementation would re- motion simply says we’ve lost enough ers, the Teamsters, the SEIU. Here is sult in increased costs, higher con- American jobs, and we don’t need to their letter to us: ‘‘We oppose amend- sumer prices, and lower crop yields. lose anymore. ments that purport to protect jobs but

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12534 CONGRESSIONAL RECORD — HOUSE November 6, 2009 in fact only hinder the implementation Crenshaw Kirkpatrick (AZ) Posey Melancon Quigley Speier of methods to reduce the consequences Culberson Kline (MN) Price (GA) Michaud Rahall Spratt Davis (KY) Lamborn Putnam Miller (NC) Rangel Stark of a terrorist attack.’’ Deal (GA) Lance Radanovich Miller, George Reyes Stupak And why do they take that position? Dent Latham Rehberg Mollohan Richardson Sutton They take that position because the at- Diaz-Balart, L. LaTourette Reichert Moore (KS) Rodriguez Tanner Moore (WI) Ross tack is coming on them, the workers at Diaz-Balart, M. Latta Roe (TN) Thompson (CA) Donnelly (IN) Lee (NY) Rogers (AL) Moran (VA) Rothman (NJ) Thompson (MS) Murphy (CT) Roybal-Allard these plants. Dreier Lewis (CA) Rogers (KY) Tierney Duncan Linder Rohrabacher Murphy (NY) Ruppersberger So the nuclear industry, we have the Titus Emerson LoBiondo Rooney Murtha Rush Tonko protections in place, the aviation in- Fallin Lucas Ros-Lehtinen Nadler (NY) Ryan (OH) dustry, the cargo industry, the rail in- Flake Luetkemeyer Roskam Napolitano Salazar Towns dustry, the shipping industry; but the Fleming Lummis Royce Neal (MA) Sanchez, Loretta Tsongas Van Hollen chemical industry, with facilities in Forbes Lungren, Daniel Ryan (WI) Nunes Sarbanes Fortenberry E. Scalise Nye Schakowsky Vela´ zquez urban areas or near large population Foxx Mack Schmidt Oberstar Schauer Visclosky areas, the Republicans for 7 years have Franks (AZ) Manzullo Schock Obey Schiff Walz said no protection. When unemploy- Frelinghuysen Marchant Sensenbrenner Olver Schrader Wasserman ment was at 5 percent, they said no; 6 Gallegly Marshall Sessions Ortiz Schwartz Schultz Garrett (NJ) Massa Shadegg Owens Scott (GA) Waters percent; 7 percent; 8 percent; 9 percent; Gerlach McCarthy (CA) Shimkus Pallone Scott (VA) Watson no, no, no, no protection for these Gingrey (GA) McCaul Shuster Pascrell Serrano Watt workers at chemical facilities and Gohmert McClintock Simpson Pastor (AZ) Sestak Waxman Goodlatte McCotter Smith (NE) Payne Shea-Porter those who live around them. Weiner Granger McHenry Smith (NJ) Perlmutter Sherman Welch Peters Al Qaeda has metastasized in the last Graves McKeon Smith (TX) Shuler Wexler Griffith McMorris Souder Peterson Sires 7 years. They are coming back; that is Wilson (OH) Guthrie Rodgers Space Pingree (ME) Skelton Woolsey their goal. Chemical facilities are at Hall (TX) McNerney Stearns Polis (CO) Slaughter Wu the top of their terrorist target list. We Hare Mica Sullivan Pomeroy Smith (WA) are trying to, finally, in this one last Harper Miller (FL) Taylor Price (NC) Snyder Yarmuth industry, put in place the security Hastings (WA) Miller (MI) Teague Heller Miller, Gary Terry NOT VOTING—9 around these facilities to protect the Hensarling Minnick Thompson (PA) Aderholt Ehlers Sa´ nchez, Linda American people, to protect the work- Herger Mitchell Thornberry Carter Issa T. ers at these facilities. That’s what this Herseth Sandlin Moran (KS) Tiahrt Chandler Murphy, Patrick Hoekstra Murphy, Tim Tiberi Conaway Rogers (MI) debate is all about. This amendment Hunter Myrick Turner will undermine, will make it impos- Inglis Neugebauer Upton b 1643 sible for us to give those protections to Jenkins Olson Walden Mr. CLEAVER changed his vote from the American people. Johnson (IL) Paul Wamp Johnson, Sam Paulsen Westmoreland ‘‘aye’’ to ‘‘no.’’ We need a resounding ‘‘no’’ against Jones Pence Whitfield So the motion to recommit was re- this recommittal motion. We must Jordan (OH) Perriello Wilson (SC) jected. stand up for the workers of this coun- King (IA) Petri Wittman The result of the vote was announced try; we must give them the protection King (NY) Pitts Wolf Kingston Platts Young (AK) as above recorded. that they need. Vote ‘‘no’’ on the re- Kirk Poe (TX) Young (FL) The SPEAKER pro tempore. The committal motion of the Republicans. question is on the passage of the bill. Mr. THOMPSON of Mississippi. Mr. NOES—236 The question was taken; and the Speaker, I yield back the balance of Abercrombie Davis (CA) Honda Speaker pro tempore announced that my time. Ackerman Davis (IL) Hoyer Adler (NJ) Davis (TN) Inslee the ayes appeared to have it. The SPEAKER pro tempore. Without Altmire DeFazio Israel RECORDED VOTE objection, the previous question is or- Andrews DeGette Jackson (IL) dered on the motion to recommit. Arcuri Delahunt Jackson-Lee Mr. DENT. Mr. Speaker, I demand a There was no objection. Baca DeLauro (TX) recorded vote. Baldwin Dicks Johnson (GA) A recorded vote was ordered. The SPEAKER pro tempore. The Barrow Dingell Johnson, E. B. question is on the motion to recommit. Bean Doggett Kagen The SPEAKER pro tempore. This is a The question was taken; and the Becerra Doyle Kanjorski 5-minute vote. Berkley Driehaus Kaptur The vote was taken by electronic de- Speaker pro tempore announced that Berman Edwards (MD) Kennedy the noes appeared to have it. Berry Edwards (TX) Kildee vice, and there were—ayes 230, noes 193, Bishop (GA) Ellison Kilpatrick (MI) not voting 11, as follows: RECORDED VOTE Bishop (NY) Ellsworth Kilroy [Roll No. 875] Mr. DENT. Mr. Speaker, I demand a Blumenauer Engel Kind recorded vote. Boccieri Eshoo Kissell AYES—230 A recorded vote was ordered. Boswell Etheridge Klein (FL) Abercrombie Childers Edwards (TX) Boucher Farr Kosmas Ackerman Chu Ellison The SPEAKER pro tempore. Pursu- Boyd Fattah Kratovil Adler (NJ) Clarke Ellsworth ant to clause 9 of rule XX, the Chair Brady (PA) Filner Kucinich Altmire Clay Engel will reduce to 5 minutes the minimum Braley (IA) Foster Langevin Andrews Clyburn Eshoo time for any electronic vote on the Brown, Corrine Frank (MA) Larsen (WA) Arcuri Cohen Etheridge Butterfield Fudge Larson (CT) Baca Connolly (VA) Farr question of passage. Capps Garamendi Lee (CA) Baldwin Conyers Fattah The vote was taken by electronic de- Capuano Giffords Levin Barrow Cooper Filner vice, and there were—ayes 189, noes 236, Cardoza Gonzalez Lewis (GA) Bean Costello Foster Carnahan Gordon (TN) Lipinski Becerra Courtney Frank (MA) not voting 9, as follows: Carney Grayson Loebsack Berkley Crowley Fudge [Roll No. 874] Carson (IN) Green, Al Lofgren, Zoe Berman Cuellar Garamendi Castor (FL) Green, Gene Lowey AYES—189 Bishop (GA) Cummings Giffords Chu Grijalva Luja´ n Bishop (NY) Dahlkemper Gonzalez Akin Boehner Buyer Clarke Gutierrez Lynch Blumenauer Davis (AL) Gordon (TN) Alexander Bonner Calvert Clay Hall (NY) Maffei Boswell Davis (CA) Grayson Austria Bono Mack Camp Cleaver Halvorson Maloney Boucher Davis (IL) Green, Al Bachmann Boozman Campbell Clyburn Harman Markey (CO) Boyd DeFazio Green, Gene Bachus Boren Cantor Cohen Hastings (FL) Markey (MA) Brady (PA) DeGette Grijalva Baird Boustany Cao Connolly (VA) Heinrich Matheson Braley (IA) Delahunt Gutierrez Barrett (SC) Brady (TX) Capito Conyers Higgins Matsui Brown, Corrine DeLauro Hall (NY) Bartlett Bright Cassidy Cooper Hill McCarthy (NY) Butterfield Dicks Harman Barton (TX) Broun (GA) Castle Costello Himes McCollum Capps Dingell Hastings (FL) Biggert Brown (SC) Chaffetz Courtney Hinchey McDermott Capuano Doggett Heinrich Bilbray Brown-Waite, Childers Crowley Hinojosa McGovern Carnahan Donnelly (IN) Higgins Bilirakis Ginny Coble Cuellar Hirono McIntyre Carney Doyle Hill Bishop (UT) Buchanan Coffman (CO) Cummings Hodes McMahon Carson (IN) Driehaus Himes Blackburn Burgess Cole Dahlkemper Holden Meek (FL) Castor (FL) Edwards (MD) Hinchey Blunt Burton (IN) Costa Davis (AL) Holt Meeks (NY)

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Hinojosa McIntyre Sanchez, Loretta Poe (TX) Schmidt Terry HOUSE OF REPRESENTATIVES, Hirono McMahon Sarbanes Posey Schock Thompson (PA) Washington, DC, November 2, 2009. Price (GA) Sensenbrenner Hodes McNerney Schakowsky Thornberry Hon. NANCY PELOSI, Putnam Sessions Holden Meek (FL) Schauer Tiahrt Speaker, House of Representatives, Washington, Holt Meeks (NY) Radanovich Shadegg Schiff Tiberi DC Honda Melancon Schrader Rehberg Shimkus Turner DEAR MADAME SPEAKER: This is to notify Hoyer Michaud Schwartz Reichert Shuster Upton Inslee Miller (NC) Scott (GA) Roe (TN) Simpson Walden you formally, pursuant to rule VIII of the Rogers (AL) Skelton Israel Miller, George Scott (VA) Wamp Rules of the House of Representatives, that I Jackson (IL) Mitchell Rogers (KY) Smith (NE) Serrano Westmoreland have been served with a subpoena for testi- Jackson-Lee Mollohan Rohrabacher Smith (NJ) Sestak Whitfield mony and production of documents issued by (TX) Moore (KS) Rooney Smith (TX) Shea-Porter the Superior Court of California, County of Johnson (GA) Moore (WI) Ros-Lehtinen Souder Wilson (SC) Johnson, E. B. Moran (VA) Sherman Roskam Space Wittman Yolo, in connection with a traffic court mat- Kagen Murphy (CT) Shuler Ross Stearns Wolf ter now pending in the same court. Kanjorski Murphy (NY) Sires Royce Sullivan Young (AK) After consultation with the Office of the Kaptur Murtha Slaughter Ryan (WI) Taylor Young (FL) General Counsel, I have determined that Kennedy Nadler (NY) Smith (WA) Scalise Teague compliance with the subpoena is incon- Snyder Kildee Napolitano sistent with the precedents and privileges of Speier NOT VOTING—11 Kilpatrick (MI) Neal (MA) the House. Kilroy Nye Spratt Aderholt Conaway Rogers (MI) Kind Oberstar Stark Carter Ehlers Sa´ nchez, Linda Sincerely, Kirkpatrick (AZ) Obey Stupak Chandler McDermott T. PETE STARK, Kissell Olver Sutton Cleaver Murphy, Patrick Waters Member of Congress. Klein (FL) Ortiz Tanner f Kosmas Owens Thompson (CA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Kratovil Pallone Thompson (MS) The SPEAKER pro tempore (during CONTINUATION OF NATIONAL Kucinich Pascrell Tierney the vote). There are 2 minutes remain- Langevin Pastor (AZ) EMERGENCY WITH RESPECT TO Titus ing in this vote. Larsen (WA) Payne Tonko WEAPONS OF MASS DESTRUC- Larson (CT) Perlmutter Towns b 1651 TION—MESSAGE FROM THE Lee (CA) Peters Tsongas PRESIDENT OF THE UNITED Levin Peterson Van Hollen So the bill was passed. Lewis (GA) Pingree (ME) STATES (H. DOC. NO. 111–75) Vela´ zquez Lipinski Polis (CO) The result of the vote was announced Visclosky The SPEAKER pro tempore laid be- Loebsack Pomeroy as above recorded. Walz Lofgren, Zoe Price (NC) fore the House the following message Wasserman The title was amended so as to read: Lowey Quigley ‘‘A bill to amend the Homeland Secu- from the President of the United Luja´ n Rahall Schultz Watson rity Act of 2002 to enhance security and States; which was read and, together Lynch Rangel with the accompanying papers, referred Maffei Reyes Watt protect against acts of terrorism Maloney Richardson Waxman against chemical facilities, to amend to the Committee on Foreign Affairs Markey (MA) Rodriguez Weiner and ordered to be printed: Massa Rothman (NJ) Welch the Safe Drinking Water Act to en- Matheson Roybal-Allard Wexler hance the security of public water sys- To The Congress of the United States: Matsui Ruppersberger Wilson (OH) tems, and to amend the Federal Water Section 202(d) of the National Emer- McCarthy (NY) Rush Woolsey Pollution Control Act to enhance the gencies Act (50 U.S.C. 1622(d)) provides McCollum Ryan (OH) Wu McGovern Salazar Yarmuth security of wastewater treatment for the automatic termination of a na- works, and for other purposes.’’. tional emergency unless, prior to the NOES—193 A motion to reconsider was laid on anniversary date of its declaration, the Akin Culberson Kingston the table. President publishes in the Federal Reg- Alexander Davis (KY) Kirk f ister and transmits to the Congress a Austria Davis (TN) Kline (MN) notice stating that the emergency is to Bachmann Deal (GA) Lamborn AUTHORIZING THE CLERK TO continue in effect beyond the anniver- Bachus Dent Lance MAKE CORRECTIONS IN EN- Baird Diaz-Balart, L. Latham sary date. In accordance with this pro- Barrett (SC) Diaz-Balart, M. LaTourette GROSSMENT OF H.R. 2868, CHEM- vision, I have sent to the Federal Reg- Bartlett Dreier Latta ICAL FACILITY ANTI-TERRORISM ister for publication the enclosed no- Barton (TX) Duncan Lee (NY) ACT OF 2009 Berry Emerson Lewis (CA) tice, stating that the national emer- Biggert Fallin Linder Mr. THOMPSON of Mississippi. Mr. gency with respect to the proliferation Bilbray Flake LoBiondo Speaker, I ask unanimous consent that of weapons of mass destruction that Bilirakis Fleming Lucas Bishop (UT) Forbes Luetkemeyer in the engrossment of H.R. 2868, the was declared in Executive Order 12938, Blackburn Fortenberry Lummis Clerk be authorized to correct section as amended, is to continue in effect for Blunt Foxx Lungren, Daniel numbers, punctuation, cross-ref- 1 year beyond November 14, 2009. Boccieri Franks (AZ) E. erences, and to make such other tech- BARACK OBAMA. Boehner Frelinghuysen Mack Bonner Gallegly Manzullo nical and conforming changes as may THE WHITE HOUSE, November 6, 2009. Bono Mack Garrett (NJ) Marchant be necessary to accurately reflect the f Boozman Gerlach Markey (CO) actions of the House. ANNOUNCEMENT BY THE SPEAKER Boren Gingrey (GA) Marshall The SPEAKER pro tempore (Mr. Boustany Gohmert McCarthy (CA) PRO TEMPORE Brady (TX) Goodlatte McCaul SCHRADER). Is there objection to the re- Bright Granger McClintock quest of the gentleman from Mis- The SPEAKER pro tempore. Pursu- Broun (GA) Graves McCotter sissippi? ant to clause 8 of rule XX, the Chair Brown (SC) Griffith McHenry will postpone further proceedings Brown-Waite, Guthrie McKeon There was no objection. Ginny Hall (TX) McMorris f today on motions to suspend the rules Buchanan Halvorson Rodgers on which a recorded vote or the yeas Burgess Hare Mica MESSAGE FROM THE PRESIDENT and nays are ordered, or on which the Burton (IN) Harper Miller (FL) Buyer Hastings (WA) Miller (MI) A message in writing from the Presi- vote incurs objection under clause 6 of Calvert Heller Miller, Gary dent of the United States was commu- rule XX. Camp Hensarling Minnick nicated to the House by Ms. Wanda Record votes on postponed questions Campbell Herger Moran (KS) will be taken later. Cantor Herseth Sandlin Murphy, Tim Evans, one of his secretaries. Cao Hoekstra Myrick f f Capito Hunter Neugebauer Cardoza Inglis Nunes COMMUNICATION FROM THE HON- EXPRESSING SUPPORT FOR CHI- Cassidy Issa Olson ORABLE FORTNEY PETE STARK, NESE HUMAN RIGHTS ACTIVISTS Castle Jenkins Paul MEMBER OF CONGRESS HUANG QI AND TAN ZUOREN Chaffetz Johnson (IL) Paulsen Coble Johnson, Sam Pence The SPEAKER pro tempore laid be- Mr. BERMAN. Mr. Speaker, I move Coffman (CO) Jones Perriello fore the House the following commu- to suspend the rules and agree to the Cole Jordan (OH) Petri Costa King (IA) Pitts nication from the Honorable FORTNEY resolution (H. Res. 877) expressing sup- Crenshaw King (NY) Platts PETE STARK, Member of Congress: port for Chinese human rights activists

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12536 CONGRESSIONAL RECORD — HOUSE November 6, 2009 Huang Qi and Tan Zuoren for engaging Whereas in February 2009, Tan issued a (C) implement its own National Human in peaceful expression as they seek an- proposal via the Internet calling on volun- Rights Action Plan by allowing parents, con- swers and justice for the parents whose teers to travel to Sichuan to compile lists of cerned citizens, and the news media to con- children were killed in the Sichuan students killed in the quake, research the duct their own investigations into the role treatment of the deceased students’ parents, inferior construction and corruption may earthquake of May 12, 2008. and conduct an independent investigation have played in the collapse of school build- The Clerk read the title of the resolu- into the quality of school building construc- ings during the Sichuan earthquake, free tion. tion; from government harassment and official in- The text of the resolution is as fol- Whereas Tan issued a preliminary report in terference, and by ensuring that citizens lows: March 2009 that criticized officials for failing have full access to effective legal remedies H. RES. 877 to follow through on a commitment to fully for their grievances. Whereas Chinese human rights activists investigate the role that inferior construc- The SPEAKER pro tempore. Pursu- Huang Qi and Tan Zuoren both sought to tion played in the school building collapses ant to the rule, the gentleman from and for failure to deal with parents’ de- help the parents whose children were killed California (Mr. BERMAN) and the gen- mands; as a result of the collapse of numerous tlewoman from Florida (Ms. ROS- school buildings during the Sichuan earth- Whereas authorities detained Tan on March 28, 2009, three days after the report LEHTINEN) each will control 20 minutes. quake of May 12, 2008; The Chair recognizes the gentleman Whereas the parents allege that school was published; buildings collapsed at a much higher rate Whereas the indictment, dated July 17, from California. than other types of buildings during the 2009, said Tan was charged with inciting sub- GENERAL LEAVE Sichuan earthquake; version of state power in part because he Mr. BERMAN. Mr. Speaker, I ask Whereas the parents also allege that poor gave interviews to international media after unanimous consent that all Members construction contributed to the higher rate the earthquake in which he allegedly harmed may have 5 legislative days to revise of school building collapses and that possible the image of the Communist Party of China and extend their remarks and include and the Chinese Government; corruption among local officials and builders extraneous material on the resolution contributed to inferior construction and poor Whereas Tan’s trial, held by the Chengdu Intermediate People’s Court on August 12, under consideration. maintenance of the school buildings; The SPEAKER pro tempore. Is there Whereas Chinese courts have refused to 2009, was marred by procedural violations; hear lawsuits brought by parents seeking ac- Whereas the court reportedly rejected re- objection to the request of the gen- countability for the school collapses, and quests by Tan’s lawyers to call three wit- tleman from California? Chinese officials have warned lawyers not to nesses, including Ai Weiwei, a noted artist There was no objection. take on these cases; who helped design the Beijing Olympics’ Na- Mr. BERMAN. Mr. Speaker, I yield Whereas local Chinese officials have taken tional Stadium, or Bird’s Nest, and who also myself as much time as I may con- steps to prevent parents from petitioning to was investigating student deaths in the sume. higher authorities and have kept some par- Sichuan earthquake; I rise in strong support of this resolu- ents in arbitrary detention; Whereas Ai told various news agencies that tion. This resolution expresses support Whereas, Huang Qi, founder of the human police came to his hotel and used force to for two Chinese activists who have rights advocacy website Tianwang Human prevent him and 10 other volunteers from leaving until after the trial ended; been crusading for answers and justice Rights Center (64tianwang.com), traveled to for the parents of the thousands of the earthquake zone after the Sichuan earth- Whereas Tan’s lawyers reported that the quake and later posted articles on his judge frequently cut them off during the children killed in the Sichuan earth- website about the demands by parents for an trial and that their request to show video quake of May 12, 2008. investigation into the collapse of school evidence was not accepted; I would like to thank my friend the buildings that killed thousands of children; Whereas the parents of earthquake victims gentleman from Oregon (Mr. WU) for Whereas plainclothes police took Huang who attempted to attend Tan’s trial were de- introducing this resolution and for into custody on June 10, 2008, and Chengdu tained; bringing the plight of these two activ- public security officials formally arrested Whereas court officials reportedly did not ists to our attention. him on July 18, 2008, on charges of illegally allow reporters into the courtroom, and po- This past August, Chinese courts lice also barred hundreds of supporters from possessing state secrets; held separate trials for Huang Qi and Whereas Huang’s lawyer said that during entering the courtroom, saying the supporters needed passes even though court offi- Tan Zuoren, both of whom sought to Huang’s detention, authorities questioned help the parents of children who died in him about interviews he conducted during cials had told them earlier that no passes visits to areas affected by the quake; were necessary; the collapses of school buildings during Whereas Chinese officials have consider- Whereas the courts have not yet issued the May 2008 earthquake in Sichuan able discretion to declare information a judgments in either Huang’s case or Tan’s Province. That devastating earthquake state secret, and their power to use such a case; and left almost 69,000 people dead and 18,000 charge to deny defendants access to counsel Whereas the Chinese Government’s own missing. Five thousand three hundred and an open trial is subject to few limita- National Human Rights Action Plan, issued thirty-five children were, according to by the State Council Information Office in tions; official records, killed or missing in Whereas Huang’s closed trial was held on April 2009, says that ‘‘the state will guarantee citizens’ rights to criticize, give advice that earthquake. August 5, 2009, and according to the inter- The collapse of such a large number national nongovernmental organization to, complain of, and accuse state organs and Human Rights in China, four police officers civil servants, and give full play to the role of schools, while nearby buildings re- kidnapped a volunteer for the Tianwang of mass organizations, social organizations mained standing, raised questions of Human Rights Center, Pu Fei, to prevent and the news media in supervising state or- shoddy construction. Chinese officials him from testifying on Huang’s behalf; gans and civil servants’’: Now, therefore, be acknowledged that poor construction Whereas Huang suffers from numerous se- it may have contributed to the buildings’ rious medical conditions, but Chinese au- Resolved, That the House of Representa- collapse. thorities reportedly have denied him ade- tives— They also initially pledged to inves- quate treatment; (1) expresses its support for Huang Qi and tigate the collapses and punish those Whereas Chinese officials denied requests Tan Zuoren for engaging in peaceful expres- responsible. But officials later were un- to allow Huang to visit his seriously ill fa- sion as they seek answers and justice for the willing to honor those commitments ther, who passed away in early September parents whose children were killed in the 2009; Sichuan earthquake of May 12, 2008; and and, even worse, responded with sup- Whereas following the Sichuan earth- (2) calls on the Government of the People’s pression and harassment. quake, writer and environmental activist Republic of China to— Mr. Huang publicized the parents’ de- Tan Zuoren was active in calling for the gov- (A) provide Huang Qi and Tan Zuoren with mands on his human rights Web site, ernment to investigate the cause of the large the rights that all Chinese citizens have while Mr. Tan organized an inde- number of school building collapses during under article 35 and article 41 of China’s Con- pendent investigation into the causes the earthquake; stitution, namely freedom of speech and as- of the collapses. For their actions, the Whereas Tan was quoted in a May 27, 2008, sociation and the right to make suggestions Chinese Government charged Mr. South China Morning Post article as saying to officials free from suppression and retalia- Huang with illegal possession of state that ‘‘the government and the public must tion; work together to find an answer’’ regarding (B) ensure that Huang Qi and Tan Zuoren secrets and Mr. Tan with inciting sub- why so many school buildings collapsed and are afforded the rights guaranteed to all de- version. The pair’s separate trials were urging local governments to inspect other fendants under the Criminal Procedure Law reportedly marred by procedural irreg- school buildings for poor construction; of the People’s Republic of China; and ularities and misconduct, and both

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12537 their trials have adjourned without which is so afraid of its own population gentleman from Oregon (Mr. WU), a verdicts issued. that it resorts to harsh and brutal former member of our committee and Mr. Huang and Mr. Tan were engaged measures to conceal the truth about the sponsor of this resolution. in peaceful activities guaranteed under the deaths of innocent school children. Mr. WU. Mr. Speaker, it is a tragedy China’s constitution and international This is about the massive human when any child is killed. It is an law, and this resolution urges the Chi- rights abuses such as the continued abomination when the act of asking nese Government to protect their persecutions of tens of thousands of questions about one’s child’s death rights to freedom of speech, expression Falun Gong petitioners, an issue ad- leads to harassment or persecution by and association. dressed in a resolution which I intro- one’s own government. The resolution also calls on the Chi- duced with wide bipartisan support We all remember when a major earth- nese Government to allow parents, con- months ago but which has yet to reach quake struck Sichuan Province, China, cerned citizens and the media to con- the floor of this Chamber. This is about on May 12, 2008. It was the most dev- duct their own investigations into the the continued repression of the Tibetan astating natural disaster to hit China school collapses, free from harassment and Uyghur people and the need to en- in over three decades. That day, I was or interference. I urge the Chinese Gov- gage in truth-telling with their leaders, the first personally to present condo- ernment to provide greater trans- the Dalai Lama and Ms. Kadeer, not lences to the Chinese people for their parency regarding its own investiga- only in Beijing, but in the White House grievous loss. Particularly heart- tions into the building collapses and here in Washington, D.C. breaking were the stories of the chil- release any information it may have. This is about speaking truth to dren who were killed as their school The parents of those children killed power. It is about President Obama buildings collapsed around them and at the school during the earthquake de- during his upcoming summit in China the images of parents overwhelmed serve answers and deserve justice. Mr. putting human rights and religious with grief. Tan and Mr. Huang deserve our support freedom issues squarely on the table, In the aftermath of the earthquake, for their efforts in trying to help those instead of just agreeing to disagree. these parents started questioning why parents. Mr. Speaker, I yield such time as he school buildings collapsed at a much I strongly urge the resolution be sup- may consume to the gentleman from higher rate than other types of build- ported. California, my good friend, Mr. LEWIS, ings. They allege that poor construc- I reserve the balance of my time. the ranking member on the Committee tion and corruption among local offi- Ms. ROS-LEHTINEN. Mr. Speaker, I on Appropriations. cials and builders contributed to the yield myself such time as I may con- (Mr. LEWIS of California asked and school building collapses. sume. was given permission to revise and ex- These allegations have been I rise in support of this resolution, tend his remarks.) stonewalled or, worse, resulted in the which addresses the unjust incarcer- Mr. LEWIS of California. Mr. Speak- harassment of the complainants. Chi- ation of two Chinese human rights ad- er, I very much appreciate the gentle- nese courts have refused to hear law- vocates whose only crime was to seek lady yielding, and I rise in part to ex- suits brought by the parents. Local of- answers and justice for the parents of press my appreciation to both her and ficials have even kept some com- children killed in the collapse of a Mr. BERMAN for working so hard on be- plaining parents in arbitrary deten- schoolhouse during a major earthquake half of human rights throughout the tion. As a parent myself, I find it a last year. Any parent would understand country. tragic failure of justice to have these this resolution. But, Mr. Speaker, I rise at this mo- grievances go unaddressed, especially if ment to express my grave concerns a society chooses to enforce a one-child b 1700 about the impact the Democratic policy. This is about dead school children. health care plan will have upon busi- Two human rights activists from This is about accountability. These nesses and jobs in this country, an- Sichuan’s capital city of Chengdu at- courageous individuals sought such ac- other human rights concern. tempted to stand up for these grieving countability from a government which Mr. Speaker, I rise today to express my parents and give voice to their con- allowed the construction of sub- grave concerns about impact that the Demo- cerns. Soon after the earthquake standard buildings for school children, crat health reform plan will have on busi- truck, Mr. Huang Qi posted articles on buildings which could not withstand nesses and jobs across this country. Despite his Web site, the Tianwang Human the aftershocks of a major quake. the trillions the Federal Government has spent Rights Center, about the parents’ de- It has been widely assumed in China on shoring up our economy, today we learned mands for an investigation into the that the building materials used for that national unemployment rose over 10 per- school building collapses. these schools were substandard due to cent—the highest since 1983. In the Inland Separately, in February of this year the corruption involving those officials Empire of California that I represent, unem- Mr. Tan Zuoren issued a proposal on who authorized the construction. ployment remains over a staggering 14 per- the Internet calling for volunteers to Grieving parents have a right to know cent. travel to Sichuan to compile lists of why their children died after being bur- Instead of focusing on fixing the economy students killed in the quake, to docu- ied in rubble, but their efforts for legal and creating more jobs—the House is taking ment the parents’ treatment, and to redress were summarily dismissed. up a $1.3 trillion government takeover of conduct an investigation of school These two brave men sought answers healthcare that includes $135 billion in new building construction. for the grieving parents, but their ef- taxes on businesses. The Congressional Mr. Tan’s report criticized officials forts led to their own imprisonment on Budget Office has confirmed that this tax on for failing to follow through on their trumped-up charges followed by trials jobs will reduce the hiring of new workers and commitments to fully investigate the in kangaroo courts. President Obama’s own advisor has sug- role that inferior construction played How can anyone call the Chinese re- gested that 5.5 million jobs could be lost due in the school building collapses and for gime a responsible stakeholder when it to this bill’s new taxes. failure to deal with the parents’ de- uses its massive police force and its As we approach the holiday season this mands. court system to engage in a major House is threatening to deliver a big bah hum For these actions, the local Chengdu cover-up of corruption which led to the bug. No sensible business owner is going to municipal government charged both deaths of innocent children? And how hire more workers in the face of these new Mr. Huang and Mr. Tan with endan- can America be silent to such blatant taxes. gering national security. Mr. Huang defiance of not only the rule of law but Mr. Speaker, we must work together in a bi- was charged with illegally possessing also what is considered decent and partisan fashion to fix this economy and create state secrets, and Mr. Tan was also moral? more jobs—not pass massive spending in- charged with inciting subversion of This resolution is more than just creases, job-destroying taxes, and a govern- state power. After months of being held about two human rights activists, he- ment takeover of health care. in prison, Mr. Huang for over a year, roic victims of injustice though they Mr. BERMAN. Mr. Speaker, I am both of these men were put on trial in are. This is about a totalitarian system very pleased to yield 6 minutes to the August of this year.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12538 CONGRESSIONAL RECORD — HOUSE November 6, 2009 There are allegations that both trials will grow by more than $9 trillion in China, given the fact they have only were fraught with numerous sub- the next 10 years. How big is a trillion? been in existence for about 60 years. As stantive and procedural violations. In One million seconds equals 12 days. One I remind my colleagues sometimes, the case of Mr. Tan, the parents of the trillion seconds is more than 30,000 when China was founded in 1948, there earthquake victims said they were de- years. China is our banker. This bill were 400 million people living in China tained to prevent them from attending will cost $1 trillion, and it is important at the time. Yes, under Communist the trial. that we deal with this issue. rule, China has evolved itself, and it The court reportedly rejected re- Now, the second poster sums up on still has a lot of serious problems, like quests from Mr. Tan’s lawyers to call where we are today. This happens to be any other country. three witnesses, including the noted ar- Uncle Sam. He is saying, don’t let the I think also in the time I have that I chitectural designer, Ai Weiwei, who debt defeat a great nation. want to express very much the con- helped design the Beijing Olympics’ We are obligated to China. China cerns that I have that I think it is Bird’s Nest Stadium and who also was holds a large portion of our debt. The time, especially under the cir- investigating student deaths in the Saudis hold a large portion of our debt. cumstances on how these children Sichuan earthquake. According to Mr. The Saudis, who funded the radical ended up dead because of faulty con- Ai, police came to his hotel and used madrassas up on the Pakistan-Afghan struction of the buildings and the Chi- force to prevent him and 10 others from border and some who were on the air- nese government refused to have this leaving the premises until after the planes that killed the people on 9/11, 30 kind of investigation, for which these trial ended. or more so from my congressional dis- two citizens of China were victimized Mr. Huang’s trial was allegedly trict, hold our debt. and prosecuted and certainly abused by fraught with similar violations, includ- We need to get control of this debt. the Chinese officials. This is not right. ing the detention of a volunteer from And the health care bill will not lower I want to again thank my good friend the Tianwang Human Rights Center to costs. The health care bill will cost from Oregon, DAVID WU, for bringing prevent him from testifying on Mr. over $1 trillion. What kind of legacy this matter to the attention of our col- Huang’s behalf. are we leaving for our children, and I leagues, and I urgently urge my col- To date, judgments have not issued have five, or our grandchildren, and I leagues to support this resolution. in either Mr. Huang’s or Mr. Tan’s have 14? A legacy of debt and deficit. b 1715 trial. The trials have been suspended or So $1 trillion for this health care bill. Ms. ROS-LEHTINEN. Mr. Speaker, I held open. Both men continue to be We have $57 trillion of unfunded obliga- yield 4 minutes to the gentleman from held in prison. tions. We have $12 trillion in debt. California (Mr. GARY G. MILLER), an es- Mr. Speaker, I rise today to urge my So I close by saying to vote against teemed member of the Financial Serv- colleagues to pass House Resolution 877 the bill, because it costs us money; and ices and Transportation Committees. to express their support for Mr. on behalf of Uncle Sam we say, don’t Mr. GARY G. MILLER of California. Huang’s and Mr. Tan’s peaceful request let debt defeat a great nation. I thank the gentlewoman for the time. for answers and justice on behalf of the Mr. BERMAN. Mr. Speaker, I am The resolution before us deals with parents whose children were killed in pleased to yield 3 minutes to the gen- China, and many of our jobs are going the Sichuan earthquake. This bipar- tleman from American Samoa (Mr. to go to China if the health care bill tisan resolution, with 176 cosponsors, FALEOMAVAEGA), the chairman of the the Democrats are proposing is en- calls on the Chinese government to ad- Asia, Pacific, and Global Environment acted. The administration is using the here to its own constitutional guaran- Subcommittee. American Medical Association and tees, its own criminal procedure laws, (Mr. FALEOMAVAEGA asked and AARP to garner support for their and its own recently passed national was given permission to revise and ex- health care bill. The AMA House of human rights action plan to ensure tend his remarks.) Delegates is meeting today in Houston, that Mr. Huang and Mr. Tan and all Mr. FALEOMAVAEGA. Mr. Speaker, Texas. It is made up of elected rep- Chinese citizens are accorded the right I certainly would like to thank our dis- resentatives from across the country, to free speech and the right to criticize tinguished chairman of our Foreign Af- representing doctors and their mem- and make suggestions to their govern- fairs Committee and our senior rank- bers of the AMA. They meet to vote on ment as guaranteed by their own Con- ing member, the gentlelady from Flor- policy issues affecting doctors. They’re stitution. ida, for their leadership and sponsor- saying that it was an unauthorized Mr. Speaker, no one who suffers the ship and certainly support for this im- vote of the board prior to the delegates loss of a child deserves abandonment portant resolution. I also would like to arriving that went to support this bill. by or punishment from his or her own particularly thank my colleague, the AMA doctors are demanding a vote of government. Support this resolution. gentleman from Oregon, for his author- no confidence against the board of di- Ms. ROS-LEHTINEN. Mr. Speaker, I ship of this important bill. rectors. In fact, there are two resolu- am honored to yield 4 minutes to the I think I know something about tions that they’re demanding to be gentleman from Virginia (Mr. WOLF), earthquakes, since recently my own heard tomorrow. One is from the rank- the ranking member on Appropria- district was just devastated by an 8.3 and-file membership and members of tions, on Commerce, Justice, and Richter scale earthquake for which the the House of Delegates of the American Science, and a longtime advocate of distance was only about 120 miles Medical Association. It reads: ‘‘We of human rights for the people of China south of Samoa. Traveling at about 500 the rank and file membership and the and elsewhere. miles an hour, the shock wave was members of the House of Delegates of Mr. WOLF. I thank the gentlelady, such that, within a matter of minutes, the American Medical Association do and I particularly thank her for her we ended up with a 20-foot tsunami hereby object to your recent vote sup- comments about China. that caused tremendous devastation in porting H.R. 3962, also known as the Af- I rise in support of this, but there is property, our homes, and villages, and fordable Health Care for America Act. a connection because in China today the deaths of many people. ‘‘Whereas, H.R. 3962 will change the there are 35 Catholic bishops that are I do want to commend my good practice of medicine in America for- either in house arrest or in jail and friend from Oregon for his leadership ever; and whereas, the AMA leadership Protestant pastors that plundered and for raising this important issue to voted to support H.R. 3962 prior to the Tibet. our colleagues and also to commend convening of our House of Delegates; China, unfortunately, and I think the the two citizens who really wanted just and whereas the AMA House of Dele- American people know, has now be- to investigate how was it that, because gates has strong feelings, beliefs that come our banker. This ties in to the of faulty construction of these class- in many cases grave misgivings regard- health care bill that we are ready to room facilities, that these children ing H.R. 3962; and whereas the AMA vote on tomorrow. That bill will cost $1 died, and the government of China did leadership has denied our membership trillion. not allow these investigations to go on. full discussion on this vitally impor- To think America is unsinkable, the I have tremendous respect for the tant issue, we the undersigned do here- White House projects the Federal debt leaders of the People’s Republic of by demand, prior to addressing any

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12539 item of business on the current agenda, thank the distinguished ranking mem- China’s birth control policies. Some immediate suspension of the rules of ber for coming together around the leg- may have had only one child. Each the House of Delegates of the American islation of my friend Mr. WU from Or- child is precious. So I rise today to sup- Medical Association.’’ egon. port providing these human rights ac- And they called for a ‘‘full discussion Mr. Speaker, I want to recapture the tivists with the rights that all Chinese and debate of H.R. 3962, including a moment of why we’re here on this floor citizens have under article 35 and 41 of vote of no confidence in our leadership today. We will have an expanded oppor- China’s constitution, namely, freedom by the members of the House of Dele- tunity tomorrow, Saturday, for there of speech and association, a right to gates.’’ A very, very strong statement. to be a vigorous debate on this health make suggestions to officials free of The second resolution was filed, and care reform, which, by the way, Mr. suppression and retaliation. I ask for a it’s called Resolution 1006. It was intro- Speaker, the American Medical Asso- human rights plan for China. It is time duced by the Alabama delegation, the ciation has indicated their recognition to tell the truth, but it is also time Arkansas delegation, the Delaware del- of the importance of this legislation. that China rises to recognize the rights egation, the District of Columbia dele- But I think it’s important for us to re- of all of its citizens and the right to gation, the Florida delegation, the capture the horrific scenes, those of us promote human rights. Georgia delegation, the Kansas delega- who are parents, those of us who en- Ms. ROS-LEHTINEN. Mr. Speaker, I tion, Louisiana delegation, the New gaged with children during the tragedy yield 4 minutes to the gentleman from Jersey delegation, the South Carolina of the earthquake in China on May 12, Nebraska (Mr. TERRY), a member on delegation, the American Academy of 2008. the Committee on Energy and Com- Facial Plastic and Reconstructive Sur- We looked in horror as rescue work- merce. gery, the American Association of Neu- ers worked feverishly to draw out chil- Mr. TERRY. Mr. Speaker, I too rise rological Surgeons, the Congress of dren, limp bodies covered with dirt and in support of this resolution and com- Neurological Surgeons, the American dust, crying parents, some losing more mend my friend and colleague and Society of General Surgeons and than one child, children being where classmate from Oregon. He and I share Triological Society. they were supposed to be, in school, something. We both have children The subject is ‘‘Withdrawal support just as any of us who during our life- about similar ages, elementary school, of H.R. 3962.’’ Obviously, there is a time have dropped our precious souls now middle school ages. I can’t think problem that doctors are having with off at a school building. You can imag- of anything more horrific than your this bill. AARP has also come out say- ine the outcry and the pain. children dying when the buildings col- ing that they represent seniors sup- Just go back to that time and see the lapse upon them and the frustration of porting this bill. But you have to look video of parents on their knees scream- a parent who just wants answers. at this bill. I represent over 70,000 ing, maybe in prayer to ask for mercy, When I think about those buildings Medicare-eligible seniors in my district maybe to hope that their child either collapsing on those children, I can’t alone. The bill cuts over $500 billion would be found or the limp body was help but think about the incompetency out of Medicare starting in 2010, includ- not their child. Can you imagine two of a large centralized government ing $23.9 billion in cuts to skilled nurs- wonderful, heroic individuals Huang Qi that’s in charge of every facet of their ing facilities, $143.6 billion in cuts to and Tan Zuoren who came to speak for economy. Here we are faced this week- hospitals, including skilled nursing fa- those voiceless parents, many of them end with a debate of whether or not cilities, long-term care facilities, inpa- oppressed by, unfortunately, the struc- we’re going to move our government in tient rehabilitation facilities, psy- ture of China, even though it is a coun- that same direction, of building a huge chiatric hospitals and hospital care. try that is represented to have demo- bureaucracy, one that is separated Again, $143.6 billion in cuts to hos- cratic and constitutional rights. from the people, one that will be a pitals. These men, these individuals were thousand miles away, that won’t really Worst of all is $170 billion in cuts to working to get the truth. What hap- have the passion or interest, other Medicare Advantage, which effectively pened? Why did most of the school than just passing paper around desks, will eliminate Medicare Advantage in buildings fall as they did? What kind of and realizing that their lack of interest the future. You can’t support this bill cheap construction? Why was life so allows for this waste and the fraud and and say you support seniors and you cheap that they did not focus? the abuse that’s inherent in the build- support doctors who represent their pa- This resolution recounts that these ings that collapsed in Sichuan. tients. With unemployment over 10.2 individuals who are human rights ac- I fear that as we grow our massive percent, a 26-year high, in reality it’s tivists were literally picked up by government and bureaucracy to man- 17.5 percent when you include the indi- plain-clothes police on June 10, 2008, age the government’s portion of the viduals who are discouraged trying to and formally arrested on July 18, 2008, health care taking over 18 percent of find jobs and they can’t find them and on charges of illegally possessing state our economy, we’re going to have to those who are underemployed having secrets. All they were trying to do was live with that level of incompetency, part-time jobs and would really prefer to give a voice to the voiceless and to fraud, waste and abuse. Think of those to work full time. recognize that truth had to be found. schools collapsing and that equaling We have a problem in this country. When Huang’s closed trial was held on how our health care is going to be run We’ve passed a stimulus bill that said August 5, 2009—and according to the in this country. unemployment would not go above 8 international nongovernmental organi- Another thing that the gentleman percent. It’s 10.2 percent today. It said zation of human rights in China, four from Virginia said—and I want to asso- it would not go up to 8 percent and lose police officers kidnapped a volunteer ciate myself with his remarks—this is more jobs, and it lost over 3 million for the human rights center to prevent a $1.2 trillion bill. Yeah, they raise a jobs since then. We need to look at him from testifying on Huang’s behalf. lot of taxes to be able to pay for it. what we’re doing. We need to say we So there are a lot of violations. In fact, Some of it’s $500 billion out of Medi- care about the American people; we China has violated their own constitu- care. My worry is that that $500 billion care about those people who are going tional rights. out of Medicare really isn’t going to be to be taxed to pay for this; and we care The SPEAKER pro tempore. The cut. It’s just going to go to our na- about a system of health care that’s time of the gentlewoman has expired. tional debt. Therefore, we’re going to the best in the world that will be ru- Mr. BERMAN. I am pleased to yield have to rely on China to buy that debt ined. the gentlewoman 1 additional minute. from us. Again, relying on it. Notice Mr. BERMAN. Mr. Speaker, I am Ms. JACKSON-LEE of Texas. I thank that this resolution condemns the ac- very pleased to yield 3 minutes to the the gentleman. So when they reached tion of the Chinese Government for gentlewoman from Texas (Ms. JACK- out to try to get others to join their their humanitarian violations, but SON-LEE), a very distinguished member cause, to tell the truth or have the there are no penalties here. of our committee. truth be told to these parents, these See, when they’re our creditors and Ms. JACKSON-LEE of Texas. I thank mourning parents, these parents with- they own us like they do and will con- the distinguished chairman, and I out children—and we all know about tinue to own more of us when we have

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12540 CONGRESSIONAL RECORD — HOUSE November 6, 2009 to sell our debt to them, it limits our tives to health care reform: it is con- The Republican plan focuses on those abilities to sit down and negotiate with trolling costs so we can expand access who have unfortunately fallen through them. Did you notice that the last cou- to quality care. We’ve seen in other the cracks, people who may be too ple of administration officials that countries where there is inadequate re- young for Medicare, too wealthy for have gone, or even congressional offi- sources placed or inadequate attention Medicaid. Maybe they’re 40 years old, cials that have gone, to China haven’t to cost that, indeed, these are not ad- unemployed in this Obama economy, brought up human rights violations dressed. I would ask that we reject this and maybe they have a preexisting ill- with China? reform for its deleterious effects on our ness. The Republican targeted reforms Well, that’s because they know system. try to help that person. They don’t try they’ve got us by the economics. We Ms. ROS-LEHTINEN. Mr. Speaker, I to take the health care away from the can’t do that or they could do such am pleased to yield the remainder of rest of the American public who are things as flood the world’s economy my time to the gentleman from Geor- happy with what they have. We do not with our debt, ruining our dollars and gia (Mr. KINGSTON), a member of the need a centralized command/control further jeopardizing our economy and Committee on Appropriations. government in Washington, D.C., that more jobs. But then again, maybe the Mr. KINGSTON. I thank the gentle- tries to take away the rights of busi- bright side of this health care bill, per- woman for yielding. When I think of nesses and individuals in the form of a haps costing as many as 5.5 million China, I think of this health care plan. huge government takeover of health jobs, is that they can go to China and Centralized planning, that’s what it is. care. help rebuild Sichuan. Mr. Speaker, I know you and so many Ms. ROS-LEHTINEN. Mr. Speaker, I Ms. ROS-LEHTINEN. Mr. Speaker, I others have been spending their week- yield back the balance of my time. yield 2 minutes to the gentleman from ends reading this 1,990-page mon- Mr. BERMAN. Mr. Speaker, I yield Louisiana (Mr. CASSIDY), a member of strosity, which some people think is myself 1 minute simply to point out the Committees on Agriculture, Edu- going to save health care. I think rath- that the relevance of the size of the cation, and Natural Resources. er it will save the bureaucracy. Democratic health care bill to the Re- Mr. CASSIDY. Mr. Speaker, when b 1730 publican alternative is, I think, limited they have events such as they had in This bill, these 1,990 pages, which to the ratio of people covered under the China, one thing that happens is that have yet to be amended with yet an- Democratic bill and covered under the as the buildings fall upon folks, they other amendment called the manager’s Republican bill, about 10 to 1. crush their muscles, and they end up amendment. Now, what goes into the Mr. Speaker, I have no further re- having kidney failure. This comes to manager’s amendment are kind of what quests for time, and I yield back the mind because after Katrina, one of the is the result of having your arm twist- balance of my time. disasters that happened was that there ed. What did you get for your twisted The SPEAKER pro tempore. The were many people on dialysis that had arm? It will be in the manager’s question is on the motion offered by to be evacuated from New Orleans to amendment, which is not in these 1,990 the gentleman from California (Mr. Baton Rouge, and there had to be an pages. But what is? BERMAN) that the House suspend the emergency dialysis center situation es- Premium increases, tax increases, rules and agree to the resolution, H. tablished. Medicare cuts, bureaucrats between Res. 877. I thought about it: one of the great you and your doctor, and at a mere The question was taken. things about our current system of cost of $1 trillion. The SPEAKER pro tempore. In the care is that there is this elasticity that In the year that we have had the opinion of the Chair, two-thirds being exists in our country that often does highest deficit in the history of the in the affirmative, the ayes have it. not exist elsewhere. Yet when I toured United States, $1.4 trillion, the Pelosi Mr. BERMAN. Mr. Speaker, I object recently those dialysis centers in my plan comes in weighing at $1 trillion, to the vote on the grounds that a city, as it turns out, they’re kept when we just got our unemployment quorum is not present and make the afloat by the few patients they see who figures back. point of order that a quorum is not have private insurance. Many of those Think about this: The President, present. patients are on Medicaid or Medicare. with an 8.5 percent unemployment The SPEAKER pro tempore. Pursu- As it turns out, Medicaid pays about 60 rate, pushes upon the Congress a $787 ant to clause 8 of rule XX and the percent of costs and Medicare pays billion stimulus bill, and now unem- Chair’s prior announcement, further about 90 percent of cost. So were it not ployment has gone from 8.5 percent to proceedings on this motion will be for the private insurers paying over 10.2 percent, and in so many other postponed. cost, we would not have the ability to pockets of America it’s 14, 15, and 16 The point of no quorum is considered treat the dialysis patients here or in percent. withdrawn. the emergency situations, those that Where are the jobs? Why have we are evacuated up. taken the focus off the main thing, the f It brings to mind immediately, of economy? Why are we going down the RECOGNIZING 20TH ANNIVERSARY course, the health care bill that is be- track of government takeover of health OF THE ENDING OF THE COLD fore us. It attempts to expand the sys- care and massive mandates on individ- WAR tem of Medicaid and Medicare that is uals, doctors, and small businesses, Mr. BERMAN. Mr. Speaker, I move actually depriving our system of the just like China? Mr. Speaker, 1,990 to suspend the rules and agree to the resources it needs to care more care- pages, it’s ridiculous. resolution (H. Res. 892) recognizing the fully for those who are in times of nat- The Republican alternative, which is 20th anniversary of the remarkable ural disaster. not even half, not even 25 percent, but events leading to the end of the Cold That said, it is admirable to control I’d say maybe 15 percent in size, weigh- War and the creation of a Europe, costs in this bill, but paradoxically, the ing in at, say, maybe a mere 150 pages: whole, free, and at peace. CBO says that this bill, which sup- Cross-line selling to bring more com- The Clerk read the title of the resolu- posedly controls costs, actually will petition for individuals. Association tion. have an inflation rate of 8 percent per health care plans to let small busi- The text of the resolution is as fol- year. So 8 percent per year more than nesses pull together. Expansion of lows: doubles costs over the next 10 years, health savings accounts. Medical mal- Mr. Speaker. It’s ironic when the Presi- practice reform to reduce frivolous H. RES. 892 dent says that if we do nothing, costs lawsuits. This is the Republican alter- Whereas the year 1989 witnessed a series of will double in 10 years, if we do this native. remarkable events in Europe that helped The difference in the philosophy is lead to the end of the Cold War and the be- bill, according to the Congressional ginning of the creation of a Europe whole, Budget Office, costs will more than simple. If your kitchen sink is leaking, free, and at peace; double in the next 10 years. you fix the sink. You don’t take a Whereas, on February 6, 1989, after almost So I guess, Mr. Speaker, in closing I wrecking ball to the entire kitchen. 10 years of unarmed struggle, the Polish free would say that there are three impera- That’s what the Pelosi plan does. trade union Solidarity finally succeeded in

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12541 forcing the Government of Poland to begin of the North Atlantic Treaty Organization ures of glasnost and perestroika intro- talks on broad political and economic (NATO) and the European Union (EU); duced by Soviet General Secretary Mi- change; Whereas in the past 20 years, the prospect khail Gorbachev. But the real cracks Whereas, on April 6, 1989, Solidarity was le- of membership in NATO and the EU has been that led to the crumbling of the Wall galized, enabling it to contest elections for a major stabilizing force and has helped pro- 35 percent of the seats in the Sejm and all mote greater peace and prosperity within and the entire regime were brought the seats in the Senat, resulting in the his- Europe; and about by the courageous actions of the toric election victory for Solidarity on June Whereas there is still much work that men and women of Central and Eastern 4 in which Solidarity won all the seats avail- needs to be done to overcome the remaining Europe in 1989. able to it in the Sejm and 99 out of 100 seats challenges within Europe and to create a Eu- This resolution commemorates those in the Senat, leading to the installation of rope whole, free, and at peace: Now, there- events and those people: the first non-Communist government since fore, be it The startling election victory of Sol- January 1945; Resolved, That the House of Representa- idarity, winning every seat it was al- Whereas, on May 2, 1989, the Hungarian tives— lowed to contest in the lower House government began dismantling the barbed (1) recognizes the events of 1989 that helped wire fence separating Hungary in the Soviet- and 99 of 100 in the Senate; lead to the end of the Cold War; The unprecedented decision by the controlled East from Austria in the free (2) congratulates the countries of Central West, causing a ‘‘tear in the Iron Curtain’’ and Eastern Europe who have made great Hungarian Government to open the that was never to be closed again; progress in the past 20 years and emerged as border to Austria, enabling thousands Whereas, following the exodus of several strong, vibrant democracies; of East Germans to flee to the West; hundred East Germans from Hungary be- (3) expresses strong support and friendship The amazing 400-mile-long human tween May and mid-July 1989, the Hungarian for the countries of Central and Eastern Eu- chain across Estonia, Latvia, and Lith- government announced on September 10, rope, and reaffirms its commitment to the uania, comprising 2 million citizens that as of midnight, the border to the West solemn obligations set forth in article 5 of linking hands to protest Soviet rule would be open for all East Germans wishing the North Atlantic Treaty; and to demand restoration of inde- to leave, leading to the departure of thou- (4) welcomes the commitment by the Euro- sands of East Germans and representing the pendent statehood; pean Union (EU) and the North Atlantic The ‘‘Velvet Resolution’’ in Czecho- first break in the Warsaw Pact policy of pre- Treaty Organization (NATO) to keep the venting each other’s citizens from fleeing to door to membership open for all European slovakia, which caused the resignation the West; countries which meet the conditions for ac- of the communist government and the Whereas, on August 23, 1989, 2,000,000 people cession; and free election of President Vaclav living in the Baltic states of Estonia, Latvia, (5) supports the continued efforts to create Havel; and Lithuania linked hands to form a human a Europe whole, free and at peace. The protests in Bulgaria that led to chain almost 400 miles long in a peaceful protest of Soviet rule and in order to demand The SPEAKER pro tempore. Pursu- the end of the 34-year rule of Com- the restoration of independent statehood; ant to the rule, the gentleman from munist leader Zhivkov and the first Whereas, on November 9, 1989, in response California (Mr. BERMAN) and the gen- free elections since 1946; to protests that had grown to include over a tlewoman from Florida (Ms. ROS- The uprising of the people in Roma- million people in Berlin’s Alexanderplatz, LEHTINEN) each will control 20 minutes. nia against the efforts to arrest a pop- now referred to as the ‘‘Peaceful Revolu- The Chair recognizes the gentleman ular priest and the brutal killing of in- tion’’, Gunter Schabowski, the communist from California. nocent protesters that followed, that East German Minister of Propaganda, an- led to the deposing and the execution nounced that the border would be opened for GENERAL LEAVE ‘‘private trips abroad’’; Mr. BERMAN. Mr. Speaker, I ask of Romanian dictator Ceausescu; And, of course, the iconic event of Whereas, on November 9, 1989, thousands of unanimous consent that all Members 1989, the tearing down of the Berlin East Germans streamed into West Berlin, may have 5 legislative days to revise Wall and the joyous celebrations of following the opening of checkpoints be- and extend their remarks and include tween the two halves of the divided city and people who were finally free. resulting in the days that followed in one of extraneous material on the bill under Today these countries are important, the most momentous events of the 20th cen- consideration. vibrant, strong democracies, important tury, the tearing down of the Berlin Wall; The SPEAKER pro tempore. Is there partners in NATO and the European Whereas, on November 24, 1989, months of objection to the request of the gen- Union. I am proud to call them our al- protests by pro-democracy forces in Czecho- tleman from California? lies and our friends. We have worked slovakia led by visionary leader Vaclav There was no objection. together to address the challenges in Havel resulted in the culmination of the Mr. BERMAN. Mr. Speaker, I yield Afghanistan, the threats posed by ter- ‘‘Velvet Revolution’’ and the en masse res- myself such time as I may consume. ignation of the entire Czechoslovak ruling rorists and the proliferation of weapons If, on January 1, 1989, anyone had Politburo, followed by the resignation of of mass destruction and the risks to predicted the events that would occur President Gustav Husak on December 10, and our environment, to energy security in Central and Eastern Europe during a new democratic beginning with the elec- and economic well-being. We share the tion of President Havel on December 29; the following 12 months culminating in Whereas in November 1989, the first-known same values and hope for the future. the fall of the Berlin Wall and the end We still have much work to do to re- post-war public protests in Bulgaria orga- of the Cold War, he or she would have nized by civil rights groups led to the ouster solve difficult issues remaining within been called a hopeless dreamer, a luna- Europe, but 20 years after it was con- and resignation of Communist Party leader tic, or a naive revolutionary. And yet Todor Zhivkov after 34 years in power, and sidered inconceivable, the dream of a the first free elections since 1946 in Bulgaria by January 1 of 1990, the region and in- Europe, whole, free, and at peace is fi- the following June; deed the whole world had fundamen- nally within reach. Whereas, on December 17, 1989, in the town tally changed. I urge my colleagues to join me in of Timisoara, Romania, citizens protesting The events of 1989 were indeed re- commemorating the 20th anniversary against the arrest of a local priest were bru- markable, beginning with the opening of the remarkable events leading to the tally killed by Romanian security forces of talks between the communist Polish under orders of President Ceausescu, causing end of the Cold War and the creation of Government and the Solidarity trade a Europe, whole, free, and at peace. international outrage and condemnation, union in February and ending with the and leading to mass protests and escalating Mr. Speaker, I reserve the balance of violence throughout the country, resulting execution of Romanian dictator my time. at the end of the year in the overthrow of the Ceausescu on Christmas Day. Ms. ROS-LEHTINEN. Mr. Speaker, I Ceausescu regime and his execution; They began with a few ripples and be- yield myself such time as I may con- Whereas the events of 1989 prove that the came a tidal wave that swept through- sume. will and the desire of millions of people for out the region, toppling governments I rise in support of House Resolution freedom cannot be forever repressed and that and destroying the walls, real and vir- 892 commemorating the extraordinary the actions of a few courageous leaders can tual, that had divided the continent of events in 1989 which led to the end of inspire millions of others to join the inex- Europe for so many years. orable struggle to be free; the Soviet regime’s domination over Whereas in the past 20 years, most of the The initial fissures had begun some Eastern Europe and those people it countries of Central and Eastern Europe years before, aided by the actions and held captive within its borders. have become stable, prosperous, and vibrant policies of the United States and West- As this resolution points out, 1989 democracies, with many becoming members ern Europe, as well as the reform meas- was an important and pivotal year for

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12542 CONGRESSIONAL RECORD — HOUSE November 6, 2009 freedom in Europe. In the course of The kinds of statements and actions I would like to just say one more only 365 days, walls fell, free elections emanating from the Russian Govern- thing before you leave, because I want were held, dictators were washed away, ment are extremely serious and they to talk about Ronald Reagan for a and people who had long yearned for must be viewed with the utmost con- minute. When you did your disserta- freedom crossed barriers and walked cern for the sake of security of the tion—hold it. When you did your dis- into liberty. The trade union Soli- countries of Eastern Europe that did sertation, you didn’t mention Ronald darity won its historic election victory work so hard to gain the freedom they Reagan and what he did and when he leading to the first noncommunist gov- finally achieved in 1989, the subject of said, ‘‘Mr. Gorbachev, tear down this ernment in Poland since 1945. this resolution. wall.’’ Two million people living in the Bal- b 1745 Now you can go. tic States linked hands to form a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Overlooking such statements and ac- human chain almost 400 miles long in a The SPEAKER pro tempore. Mem- tions, the measure before us today dramatic, peaceful protest against So- bers are reminded to address their re- forgoes the opportunity to send a truly viet rule. marks to the Chair. clear and powerful message that we In response to protests that had Mr. BURTON of Indiana. I’m sorry. will not ignore statements and actions grown to include over a million people, Oh well, he is gone now anyhow. East Germany opened the border with of that nature aimed at our allies, that Mr. Speaker, Madam Ranking Mem- their hard-won freedom and security do West Berlin for ‘‘private trips abroad’’; ber, Ronald Reagan forced Gorbachev matter to us, and that we will stand then thousands of East Germans flood- and the Soviet Union to spend money with them against such intimidation. they didn’t have, like we are doing ed across the border and the Berlin In closing, Mr. Speaker, I would like right now with that health care bill, Wall fell. to note today’s news report concerning The ‘‘Velvet Resolution’’ protests in comments just made by the Russian spend money they didn’t have to build Czechoslovakia led to a free election of Foreign Minister. These statements T–55 tanks and weapons to keep up a new democratic government. can only be interpreted as a subtle with us in the Cold War, and he forced Romanian security forces brutally warning to our Polish ally against al- that country, that Soviet Union, and murdered brave Romanians who were lowing any U.S. troops—its NATO all of the countries involved, to fall protesting the arrest of a local priest, ally—being deployed on sovereign Pol- apart. And he said, ‘‘Mr. Gorbachev, but subsequent mass protests over- ish territory. tear down this wall.’’ And I thought at threw the communist regime there. When told that the Polish Foreign the time, that’s a great speech, Mr. Mr. Speaker, and while I do support Minister had stated that the United President, but it will never happen. this resolution, it might have been an States should deploy troops in Central And I went to Namibia to monitor even more important statement by this Europe, the Russian Foreign Minister the election in Namibia with former House if it had clarified more specifi- replied, ‘‘I’m astounded, because he and Senator Edwin Muskie about a year cally the great importance that mem- I discussed in tiny detail the objectives and a half later, and we were going to bership in the NATO alliance now holds that Russia pursues with its initiative a German beer garden for lunch before for these countries formerly trapped on a new treaty on European security.’’ the election took place. I walked in, behind the Iron Curtain. With such comments in mind, let us and everybody was holding steins, and While this measure indeed reaffirms take note of the serious challenges I thought it was a big birthday party or our commitment to article 5 of the al- that our allies in Eastern Europe con- wedding party. And I said, What’s liance, I would like to point out some tinue to face today and send a strong going on? disturbing recent incidents involving message of support against any at- And this guy with tears rolling down some of our allies in Eastern Europe tempts to threaten or intimidate them. his cheeks, a German fellow, said, which would seem to call for an even Mr. Speaker, I am pleased to yield 6 Haven’t you heard? The Berlin Wall is stronger statement of the strength and minutes to my good friend, the gen- coming down. commitment of our alliance. tleman from Indiana (Mr. BURTON), I got tears in my eyes and said, I’ll be In April of 2007, the Russian Foreign who is the ranking member on the For- darned; he got it done. Minister threatened serious con- eign Affairs Subcommittee on the Mid- Ronald Reagan is one of the greatest sequences after the Estonian Govern- dle East and South Asia. Presidents this country has ever had. ment moved the site of a Soviet war Mr. BURTON of Indiana. I thank the I’m serious. I really mean that. He did memorial in Tallinn. Subsequently, Es- gentlelady for yielding. whatever it took to deal with the So- tonian Internet and technological in- I was afraid you were going to leave, viet Union, and he won. formation systems were subjected to Mr. Chairman, before I got to talk to But not only that, Ronald Reagan large-scale, systematic cyberattacks you. I always like to address you when said if we ever move toward govern- suspected to have originated in Russia. I am down in the well. ment control of health care, it would Furthermore, Russian officials re- You made a comment about my col- be a strong move toward socialist con- cently threatened undefined aggressive league, Mr. KINGSTON, when he said trol of everybody in this country. I’m actions against Poland and the Czech something about our bill being so much paraphrasing him, but he actually said Republic if those states agreed to the smaller. You said, I think it was 10 that. When Ronald Reagan came in, in- deployment by their NATO ally, the times bigger because it did 10 times stead of moving toward more govern- United States, of strategic missile de- more. It does do a lot more. It spends ment control over our lives, he said in- fense components on their territory. a lot more. It is 1,990 pages—now don’t stead of raising taxes and creating In August of 2008, a Russian general walk away, I want you to hear this— more government, we are going to cut stated, ‘‘By hosting (missile defense and each word, each word in the bill is taxes and give people more disposable components on its territory), Poland is $2.25 million. Each word, not each page income and we are going to give busi- making itself a target. This is 100 per- out of 1,990 pages. Each word. And it is nesses more money so they can expand. cent certain. It becomes a target for going to cost not $1 trillion but about And what happened, we ended up with attack. Such targets are destroyed as a $1.3 trillion. And it is going to cause the longest period of economic recov- first priority.’’ rationing of health care. And it is ery that I can remember and probably Recent efforts undertaken by Russia going to cause a big cut of Medicare in our history. and its state-controlled energy compa- and Medicare Advantage. So the Obama administration comes nies to monopolize control over energy I see you moving. You are moving to- in and they take over the car industry, supplies to European states have raised ward the door. I want to tell you, Mr. the financial industry, the banking in- concerns over future Russian inten- Chairman, I love you, but this is not dustry. They want to take over the en- tions regarding influence over political the best bill that I have ever seen. In ergy industry, and now they want to processes in those states. Again, this fact, I think it is a bill—well, he is take over 18 percent of our entire soci- measure would have been a good oppor- leaving now. He is going out the door. ety’s economy, and that is health care. tunity to include specific references to So, Mr. Chairman, I will just tell you, It is going to be destruction of much of those incidents. I would like to take issue with that. what we believe in and the way we live

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12543 in this country. We don’t need social- prevents many people from being able figure out how to balance that budget, ism in America, and that is what it is. to access or purchase health insurance. the reality is they are going to have to And if you say that is a pretty strong Therefore, not being able to access as raise taxes, and that is sales taxes and word, go to the dictionary and look and well as many others the health care property taxes. So this bill trickles see what socialism is. It is government system. But there are ways to deal down to the local levels by forcing the control over people’s lives. It is govern- with that as well. States to have to expand their Med- ment regulation over everything. The GOP alternative, and the one I icaid coverage, hiding the costs, the And this health care bill is an abso- put in, allows people to be packaged to- true costs of this bill, but also is going lute disaster. Seniors are going to see gether in large groups. We attack the to increase the local taxes. I think that rationing of health care first, and then underlying costs of health care, and we is unfair and I think the American pub- others will. They will see the cuts in make it more affordable and policies lic needs to know about some of these Medicare and Medicare Advantage, $500 available to a lot more people by doing little nuances or even tricks, as I billion. They are going to see all kinds that. Mine is a replication, an exact would call them. of problems that they don’t realize identical twin of what we have as Fed- So I stand up in opposition to the right now. eral employees and Members of Con- health care bill; and when hopefully I just hope, I just hope that the peo- gress. And that is 9 million people. this bill is defeated or can’t get the ple of this country who appeared on the I agree with the insurance exchange votes, then we can come together in a mall yesterday by the thousands will idea where you can put maybe 15 mil- bipartisan way and fix the problems continue to fight, Mr. Speaker, will lion people that are uninsured, don’t that we all agree on and we can actu- continue to fight to stop this bill be- have access to one large group and let ally help the American public, as op- fore it gets passed into law. Because it the private sector compete for them. posed to creating this large new bu- is going to change everybody’s life, and This has been found by most econo- reaucracy. it is going to mortgage the future of mists to really dramatically reduce the Ms. ROS-LEHTINEN. Mr. Speaker, I our kids and our grandkids. Inflation, costs by buying in bulk in the competi- reserve the balance of my time. higher taxes, all of the things that we tion, and those two principles are em- The SPEAKER pro tempore. Without don’t want. braced in the alternatives. objection, the gentleman from New Ms. ROS-LEHTINEN. Mr. Speaker, I But I want to break down a little bit York (Mr. MCMAHON) will control the yield such time as he may consume to where we start separating, because time of the gentleman from California. the my good friend, the gentleman really the real problems between the There was no objection. from Nebraska (Mr. TERRY), a member philosophical basis for our bill boils Mr. MCMAHON. Mr. Speaker, I re- of the Committee on Energy and Com- down to the public option. Theirs has a quest to know how much time I have merce. public option where it involves the gov- remaining. Mr. TERRY. Mr. Speaker, I rise in ernment in health care. It sets up, and The SPEAKER pro tempore. The gen- support of this resolution. if you read the bill and understand how tleman has 161⁄2 minutes. I want to talk about the cold war it works, you see where we will have a Mr. MCMAHON. Mr. Speaker, I yield that has been created in the House of single-payer, totally-run-by-the-gov- 4 minutes to the gentleman from Ten- Representatives over this health care ernment health care system within 10 nessee (Mr. COHEN). bill. This is my 11th year here, and I years. I oppose that. I ran on individual Mr. COHEN. Mr. Speaker, I thank the have never seen this House so divided liberties, not growing government. gentleman for yielding me this time. I and vitriolic. It is intense around here, That is where we are going to hopefully had planned on doing a 1-minute on the and it doesn’t have to be this way. We have the debate tomorrow, instead of Berlin Wall. I think the 20th anniver- have heard speech after speech from the rhetoric that we have heard to sary of the falling of the Berlin Wall is my friends on the other side of the date. a historic occasion. It is a story about aisle saying that we, because we oppose This is not only on the principles of freedom and oppression and people hav- government involvement in our health big government versus limited governing the opportunity to have that free- care and a $1.2 trillion price tag, that ment, individuals and patient rights dom. somehow we want people to die, we versus big government and centralized I had the opportunity to visit Berlin don’t want there to be or somehow we leadership over health care, but it is before the wall came down and after support the preexisting exclusion in also going to be a debate about $1.2 the wall came down. contracts or caps or insurance dump- trillion or more. And even some of this, ing. there is additional costs that are even b 1800 Frankly, when you get past that hidden. Let me just give you one before The contrast in East Berlin and West level of vitriolic leadership-supported I yield back my time. Berlin, when the wall was up, was rhetoric, what you find out is that we In order to help insure the lower-in- about as stark as the debate is from actually agree on a lot between the two come people right above the poverty this side of the aisle and the other side sides. We just haven’t been able to ac- mark, this bill tomorrow moves Med- of the aisle. There was the idea of light tually discuss a real bill between us be- icaid from 100 percent of poverty as the and frivolity and freedom and action cause the Republicans have been shut eligibility cutoff to 150 percent. Why is and caring—and just life on one side, out. We are angry about that. I think that? Why do I say that is a trick? and the other side of the wall was dark, that is the root or part of the problem Well, it is good that they get unin- negative, gray and repressive. with this health care bill, is that we sured, but ours would allow them ac- When I traveled over there, it was have not been involved in its shaping cess and probably a little bit of support just startling for me to experience it. at all. to be able to help them. What this does Kurfurstendamm, which is the main For example, the bill that I sup- then is shifts those costs to the State. street in West Berlin, was a street of ported or drafted and is up in Rules Because Medicaid, most of the dollars people and musicians and buskers on Committee and may be heard at 1, 2 or for Medicaid people are borne by the the street and wonderful food and all 3 in the morning, I guess, specifically State. So the price tag for this bill is kinds of life and freedom, and the other forbids the use of a preexisting clause actually higher. side was dark. As soon as the people in a contract, that eliminates the caps One of the things that we are going went home in these communist-style, that have been put on, either yearly or to hear is, yes, they soak the rich, Stalinesque architecture buildings, lifetime, that prevents the dumping. which involves a lot of small busi- they went home, they were not out, These are the type of things that we nesses, but the middle-income people there was no nightlife. tend to all agree on, but we can’t work are the ones that are going to get hit The waitress that waited on us in an together to get those done that have when they put these burdens on the East German, East Berlin restaurant been identified as part of the problem. States. When the States, like Ne- was almost afraid to talk to us. She Another part of the problem that I braska, have to come up with tens of yearned to visit the West and to visit think we all agree on is the high price millions of more dollars at a time when around the world, didn’t know if she of the policies in health care in general we are in a special session trying to would ever have that opportunity. We

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12544 CONGRESSIONAL RECORD — HOUSE November 6, 2009 tipped her handsomely, and I hope she made it. It’s a great tribute to people’s the gentleman from California (Mr. used that money at some time to make yearnings for freedom and their desires BERMAN) that the House suspend the her trip across to the free world. to overcome the barriers put before rules and agree to the resolution, H. When we went through Checkpoint them by repressive regimes. Res. 892. Charlie, I gave the guard there—and it So I wanted to speak today because The question was taken. was one of the most ominous moments that was a momentous occasion in my The SPEAKER pro tempore. In the that I’ve experienced seeing a combina- life to see the Berlin Wall, to go into opinion of the Chair, two-thirds being tion of a police person, a border patrol East Berlin and see the difference be- in the affirmative, the ayes have it. person, a German—and I say that in all tween our type of government and the Mr. MCMAHON. Mr. Speaker, I object the best respect to Germans, just a Soviet repression, and then to go back to the vote on the ground that a characterization thereof, the same for later and see the joy that is now in quorum is not present and make the police and border guards—and a com- East Berlin and the freedom that has point of order that a quorum is not munist checking you through Check- been allowed to flourish. present. point Charlie. It was rather stern and So I thank the gentleman for bring- The SPEAKER pro tempore. Pursu- official-like and intimidating. I slipped ing the resolution, I thank the lady for ant to clause 8 of rule XX and the him an Elvis Presley swizzle stick, bringing the resolution, and I encour- Chair’s prior announcement, further which he kind of looked askance and age everybody to go to the Newseum proceedings on this motion will be took his hand and got it into his hand and to cherish their freedom. postponed. and stuck it in his pocket and never Ms. ROS-LEHTINEN. Mr. Speaker, The point of no quorum is considered moved his eyes from looking forward. I just to close on our side, I thank my withdrawn. was happy to pass Elvis along. good friend, the esteemed chairman of f While I agree with the gentleman our Foreign Affairs Committee, Mr. who spoke earlier about President BERMAN, for introducing this resolu- HONORING 60TH ANNIVERSARY OF Reagan and some of the things he did tion. DIPLOMATIC RELATIONS BE- in spending to help defeat the Soviet As important as it is to pass feel- TWEEN THE U.S. AND JORDAN Union and bring down that wall, a lot good resolutions, I think that this res- Mr. MCMAHON. Mr. Speaker, I move of what brought down that wall was olution would have been strengthened to suspend the rules and agree to the the people and their yearning for free- if we would have talked about the dif- resolution (H. Res. 833) honoring the dom, which was expressed through ficult realities that we are confronting 60th anniversary of the establishment Radio Free Europe and other manners now with Russia and other states that of diplomatic relations between the in which the German youth heard are threatening the stability and the United States and the Hashemite King- American music and saw American life. democracy and the integrity of those dom of Jordan, the 10th anniversary of They saw blue jeans and they heard countries who fought long and hard for the accession to the throne of His Maj- rock and roll, they heard Elvis, they their independence, for their freedom, esty King Abdullah II Ibn Al Hussein, heard the Beatles, they heard all kinds and for their democracy. and for other purposes, as amended. of people. Eventually that wall came With that, Mr. Speaker, I yield back The Clerk read the title of the resolu- down and they heard Pink Floyd; Pink the balance of my time. tion. Floyd played and the world listened Mr. MCMAHON. Mr. Speaker, in clos- The text of the resolution is as fol- and the wall came down. ing, I would also echo the words of the lows: When I returned years later to Ber- gentlelady from Florida and all of H. RES. 833 lin, I drove through the Brandenburg those who spoke on the relevant issue Whereas the Hashemite Kingdom of Jordan Gate, which I don’t think I was sup- this evening of the resolution which achieved independence on May 25, 1946; posed to, but I did. And that was fun, I honors the incredible accomplishments Whereas the United States recognized Jor- could do it, it was freedom. that transpired in 1989, the fall of the dan as an independent state in a White I thought back upon the last time I wall, the opening of the gate, and the House announcement on January 31, 1949; had been in East Berlin and you spirit of freedom that blew through Whereas diplomatic relations and the couldn’t do anything; it was such an Eastern Europe. American Legation in Jordan were estab- ominous state. East Berlin now is a And it was not the result of one indi- lished on February 18, 1949, when United fun, thriving, great place with great vidual or one group of people. Hundreds States diplomat Wells Stabler presented his credentials as Charge´ d’Affaires in Amman; restaurants and art scenes and freedom of thousands of people yearned and Whereas for 60 years, the United States and and people. It has really become more thirsted for freedom for decades, and it Jordan have enjoyed a close relationship. happening than the KuDam or finally came in the great fruition of spanning a gamut of issues from the search Kreuzberg or the other areas in the that physical breaking down of that for peace in the Middle East, the socio- West which are happening as well. But wall. economic development of the Jordanian peo- it was a great day when that wall came We heard tonight about the memory ple, and the threat to both posed by al Qaeda down. of Ronald Reagan, and we are reminded and other foreign terrorist organizations; The Newseum has three or four por- of what a great role he played in order- Whereas King Hussein charted a moderate path for his country during his many years tions of the wall here in Washington. I ing Mr. Gorbachev to open the gate and on the throne; went there last week. I would encour- tear down the wall. I would close by Whereas the United States has been Jor- age everybody, Mr. Speaker, to go to only reminding all of those in this dan’s strongest international partner for the Newseum, which is a great mu- Chamber tonight that I think if he over 50 years; seum. It’s a museum about history in were here, Ronald Reagan would be a Whereas throughout his reign, King Hus- America and the world, not just the little disappointed in those who come sein looked for opportunities to realize his news media, but about freedom. The in this great august body at a time dream of a more peaceful Middle East by reason they’ve got the Berlin Wall that we are honoring such a momen- working to solve intra-Arab disputes and engaging with successive Israeli Prime Min- there is because of that freedom in the tous occasion in the history of our isters in the search for peace; First Amendment, the freedom of world and use it to discuss things, Whereas King Hussein and Israeli Prime press, the freedom of expression, and though important, not relevant, and to Minister Yitzhak Rabin signed the historic the freedom of association. You can seem to do so for political advantage Jordan-Israel peace treaty in 1994, ending learn about that and value it. rather than honoring the memory of nearly 50 years of a formal state of war be- You look at that wall and you see those who lost their lives fighting and tween the neighboring countries; pictures of the people who died trying questing for freedom. They are an in- Whereas the United States lost a close to get across, and coming up with ways spiration to all of us, and they should friend and a crucial partner when King Hus- to tunnel their way under the wall or sein passed away in 1999; be for all time. Whereas King Hussein was succeeded by to leap or to create some type of flying Mr. Speaker, I yield back the balance his son, King Abdullah II, who has continued machines, and all the different ways, of my time. his father’s work to improve the lives of the being inside cars or under cars and The SPEAKER pro tempore. The Jordanian people while also seeking to bring taken to freedom. Many died, some question is on the motion offered by peace to the region;

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12545 Whereas in the aftermath of the September bility, moderation, and modernization and JEFF FORTENBERRY for their lead- 11, 2001, terrorist attacks, Jordan has been in the Middle East. ership in directing the Congressional an instrumental partner in the fight against With economic and military assist- Jordanian Caucus. Such bipartisan co- al Qaeda, has provided crucial assistance in ance, a free trade agreement, and close operation can only strengthen U.S.- Iraq, and has coped with the responsibility of hosting more than a half-million Iraqi refu- political cooperation, the United Jordanian bilateral relations. gees, a total equal to roughly 10 percent of States has helped Jordan overcome the Therefore, Mr. Speaker, I strongly Jordan’s population; vulnerabilities it naturally faces as a support H. Res. 833, and I encourage all Whereas King Abdullah II has been a lead- result of its small size and lack of nat- my colleagues to do likewise. ing Arab voice in trying to reaffirm that, as ural resources. Mr. Speaker, I reserve the balance of stated in his 2004 Amman Message, ‘‘True Jordan’s geographic position, wedged my time. Islam forbids wanton aggression and ter- among Israel, Syria, Iraq and Saudi Ms. ROS-LEHTINEN. Mr. Speaker, I rorism, [and] enjoins freedom of religion, Arabia, has sometimes made it the ob- yield myself such time as I may con- peace, justice and good-will to non-Mus- ject of the strategic designs of more lims.’’; sume. Whereas in November 2005, al Qaeda terror- powerful neighbors; but it has also Mr. Speaker, for the past six decades, ists struck three hotels in Amman, Jordan, given moderate Jordan a strategically Jordan has been a key U.S. ally in an killing 60 individuals—including four Ameri- critical role as a buffer among those unstable region where we have many cans—and wounding 115, and uniting the peo- states. And its 15-year-old peace treaty vital interests and face many chal- ple of Jordan and the United States in grief; with Israel has proven to be durable lenges. We have longstanding coopera- and and an important force for regional tion in a variety of fields, from secu- Whereas King Abdullah II begins his sec- stability. rity, to governance, to education, to ond decade on the Jordanian throne by re- Jordan is a key partner in fighting health care, to water; and we hope that doubling his efforts for peace in the region as the Jordan-United States partnership enters international terrorism. Its security such cooperation will only increase in its seventh decade: Now, therefore, be it organizations are considered among the years ahead. Resolved, That the House of Representa- the best informed and most adept in In this regard, America has had true tives— the region. For example, Jordanian in- partners in Amman. Nothing illus- (1) commemorates the 60th anniversary of telligence reportedly played a role in trates this more than the strength of the close relationship between the United assisting U.S. forces in killing Abu the 1994 peace treaty that the late King States and the Hashemite Kingdom of Jor- Musab al-Zarqawi, the fugitive Jor- Hussein concluded with the Jewish dan; danian terrorist mastermind who head- democratic State of Israel. By con- (2) expresses its profound admiration and gratitude for the friendship of the Jordanian ed the al Qaeda organization in Iraq demning violent extremism and by people; until his death in 2006. making an open and true peace with (3) congratulates His Majesty King Jordan’s moderate and pro-Western Israel, King Hussein set a standard by Abdullah II on 10 years of enlightened and policies have made it at times a pre- which other Arab and Muslim leaders progressive rule; and ferred target of regional terrorist should follow. In the past 15 years of (4) shares the hope of His Majesty King groups. On November 9, 2005, bombings peace between Jordan and Israel, they Abdullah II and the Jordanian people for a at three Western-owned hotels in might not have been perfect, but they more peaceful and free Middle East. Amman killed 58 people and seriously have been slowly building upon a foun- The SPEAKER pro tempore. Pursu- wounded approximately 100 others. The dation in which much cooperation is ant to the rule, the gentleman from terrorist organization al Qaeda in Iraq possible in the future. New York (Mr. MCMAHON) and the gen- claimed responsibility for this act. I Jordan has also demonstrated to tlewoman from Florida (Ms. ROS- am certain the United States will con- other nations the benefits of embracing LEHTINEN) each will control 20 minutes. tinue to stand with Jordan in its fight democratic reforms and principles. The Chair recognizes the gentleman against terrorism. Fortunately, King Hussein’s son and from New York. Mr. Speaker, in August, Secretary of successor, King Abdullah, has contin- GENERAL LEAVE State Hillary Clinton hosted Jordanian ued on a path for peace, cooperation, Mr. MCMAHON. Mr. Speaker, I ask Foreign Minister Nasser Judeh in and reform during his past decade on unanimous consent that all Members Washington. In her remarks following the throne. Under an election law may have 5 legislative days to revise their meeting, Secretary Clinton said passed in February of 2007, the Jor- and extend their remarks and include that ‘‘after six decades of relations our danians went to the polls in late July extraneous material on the resolution partnership has proved both durable of 2007 to elect for the first time the under consideration. and dynamic. We will continue to work mayors and councils of every city and The SPEAKER pro tempore. Is there together in areas ranging from assist- town in their country. objection to the request of the gen- ance with education, health care, water 1815 tleman from New York? programs, to border security, good gov- b There was no objection. ernance, and regional security.’’ I am In November of 2007, Jordan held its Mr. MCMAHON. Mr. Speaker, I yield proud to say, Mr. Speaker, that the fifth set of elections for Parliament myself such time as I may consume. Congress is working alongside the since 1989. Jordan has also recognized I rise in support of H. Res. 833, which Obama administration to achieve those that democracy is more than just elec- honors the 60th anniversary of the es- goals. tions. The Jordanian Government has tablishment of the diplomatic relations King Abdullah has won the admira- taken steps to establish the rule of law, between the United States and the tion of many of us for his energetic and to build civil society, to build strong Hashemite Kingdom of Jordan, and the hands-on style of governing and for his institutions, and to broaden political 10th anniversary of the accession to commonsense approach to regional re- participation to meaningfully engage the throne of His Majesty King lations. He is a true friend of the citizens from all walks of life. Abdullah II. I would like to thank my United States and a true voice of mod- One example of this commitment was friend, the gentleman from California eration in an increasingly treacherous the decision by the government to (Mr. SCHIFF), for introducing this im- region. lower the voting age from 19 to 18 and portant measure. I have always found King Abdullah to to establish mechanisms to ensure ade- The Hashemite Kingdom of Jordan, be a sincere and insightful interlocutor quate female representation to munic- Mr. Speaker, is a strong ally and a as well as a strong spokesman for Jor- ipal councils. In the most recent par- great friend of the United States. Al- dan’s interests. I congratulate him on liamentary elections, seven females though our two nations have never the 10th anniversary of his accession to won public office. I hope that these been linked by a formal treaty, we the Jordanian throne, and I wish him steps will lead to further reforms and have cooperated for decades on a vari- many successful years ahead. to more political participation. ety of regional and international Mr. Speaker, in closing, I would like King Abdullah, himself, has coura- issues. In particular, the United States to thank the author of this resolution, geously spoken out and has led the way and Jordan have worked together to ADAM SCHIFF, along with Representa- for reform. As King Abdullah has stat- support our commitment to peace, sta- tives CHARLES BOUSTANY, BRIAN BAIRD, ed, ‘‘We in Jordan, and many others

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12546 CONGRESSIONAL RECORD — HOUSE November 6, 2009 throughout the Middle East, are work- macy with Israel—an effort that bore In a region roiled by conflict, charac- ing hard to create a civic environment fruit in 1994 with the signing of the terized by poor governance and stifling in which our people will thrive. Jordan-Israel peace treaty. King economic mismanagement, Jordan has ‘‘The basic requirement is an inclu- Abdullah has continued his father’s remained an island of stability and an sive, democratic, civil society—one quest for peace and has been a tireless example to its neighbors of a Middle that guarantees rights, delegates re- advocate for a better future for all the Eastern nation that is seeking to cre- sponsibilities, honors merit, and re- peoples of the region. ate a peaceful and more prosperous life wards achievement.’’ King Abdullah’s 10 years on the for its citizens even though it lacks the Jordan has also demonstrated strong throne have been shaped primarily by oil and natural gas that many of the support for the fledgling democracy in Jordan’s response to the 9/11 attacks other Arab States in the neighborhood Iraq. Last year, King Abdullah was the and the Iraq war, and the Jordanian- enjoy. first Arab leader to visit Iraq since the American partnership has been Much work remains to be done, but establishment of democracy in that strengthened in the 8 years since the King Abdullah and other senior govern- country. Jordan has also become the attacks on New York and Washington. ment leaders are determined to build a first country to appoint an Ambassador Jordan has been an important ally in better society for the Jordanian people. to Baghdad since 2005. the fight against al Qaeda, but the For that commitment and for six dec- Mr. Speaker, Jordan does, indeed, steadfastness has carried a heavy price. ades of friendship, I am proud to co- serve as a model for other nations in Four years ago this month, al Qaeda Chair the Congressional Friends of Jor- the region. It deserves our friendship terrorists struck three hotels in dan Caucus with my colleague from and our encouragement, and its people Amman. While the intention of the Louisiana (Mr. BOUSTANY) and with the deserve continued progress in political bombers was to drive a wedge between assistance of our terrific vice-Chairs, and economic reforms. Therefore, I the U.S. and Jordan, they succeeded Mr. BAIRD and Mr. FORTENBERRY. strongly support House Resolution 833, only in uniting our peoples in grief and I urge my colleagues to join me in which commemorates 60 years of diplo- in hardening the resolve of the Jor- supporting this resolution and in re- matic relations between Jordan and danian people to resist extremism even affirming the broad ties between the the United States, as well as the 10th in the face of terror. United States and Jordan and in con- anniversary of the accession to the In Iraq, Jordan has provided vital as- gratulating King Abdullah on the throne of King Abdullah. It also ex- sistance to American forces serving progress that he has made in his 10 presses our profound admiration and there, and it has also been the host to years on the throne. gratitude for the friendship of the peo- thousands of Iraqi police recruits who Again, many thanks to Chairman ple of Jordan and shares their hope, have trained at a state-of-the-art facil- BERMAN. and that of King Abdullah’s, for a more ity outside Amman. As that program Ms. ROS-LEHTINEN. Mr. Speaker, I peaceful Middle East. has wound down, Jordan has converted have no further requests for time, and I urge my colleagues to support this it for the training of Palestinian Au- I yield back the balance of my time. important resolution, and I thank my thority security personnel as part of Mr. MCMAHON. Mr. Speaker, I have dear friend, the distinguished colleague the security assistance program run by no further requests for time, and I yield back the balance of my time. from California (Mr. SCHIFF) for intro- American General Keith Dayton. These The SPEAKER pro tempore. The ducing it. Palestinian forces have been instru- question is on the motion offered by With that, Mr. Speaker, I reserve the mental in helping to stabilize the West the gentleman from New York (Mr. balance of my time. Bank and in keeping alive the hopes for MCMAHON) that the House suspend the Mr. MCMAHON. Mr. Speaker, I yield a future two-state solution. 6 minutes to the gentleman from Cali- Over the past few years, Jordan has rules and agree to the resolution, H. fornia (Mr. SCHIFF). been burdened by hundreds of thou- Res. 833, as amended. The question was taken. Mr. SCHIFF. I thank the gentleman sands of refugees from Iraq. A small, for yielding. The SPEAKER pro tempore. In the water-poor nation of only 6 million, opinion of the Chair, two-thirds being I want to thank my friend and col- Jordan’s infrastructure and economy league, the distinguished chairman in the affirmative, the ayes have it. have been tested by the Iraqi refugees, Mr. MCMAHON. Mr. Speaker, I object from the Foreign Affairs Committee, with estimates of the total number for bringing this resolution to the to the vote on the ground that a generally ranging between 500,000 and quorum is not present and make the floor. I am also grateful to the mem- 700,000. The influx of refugees has put bers of the committee and to others point of order that a quorum is not enormous strain on the kingdom’s edu- present. who have cosponsored it. cation and health systems, and it has Today, we celebrate one of America’s The SPEAKER pro tempore. Pursu- also caused widespread distortions in ant to clause 8 of rule XX and the strongest alliances in one of the housing and energy prices. Chair’s prior announcement, further world’s most unsettled regions. For Despite the enormous burdens that proceedings on this motion will be decades, the United States and Jordan these refugees have placed on Jordan, postponed. have been friends and allies. Today, the government has allowed them to The point of no quorum is considered that friendship finds renewed expres- remain in the country even as the situ- withdrawn. sion in this resolution which com- ation in Iraq has become more stable. f memorates the 60th anniversary of the In recent months, a few of the refugees establishment of diplomatic relations have begun to return home, but the RECOGNIZING 30TH ANNIVERSARY between the United States and Jordan vast majority remains, and most ob- OF IRANIAN HOSTAGE CRISIS and the 10th anniversary of King servers expect them to stay in Jordan Mr. MCMAHON. Mr. Speaker, I move Abdullah’s accession to the throne. for some time to come. to suspend the rules and agree to the The cornerstones of that friendship Especially vital has been the King’s concurrent resolution (H. Con. Res. 209) are a mutual desire for peace in the re- effort to reassert, on behalf of Muslims recognizing the 30th anniversary of the gion and a belief that the Arab and around the world, the true meaning Iranian hostage crisis, during which 52 Muslim world must resist extremism. and teachings of Islam. In 2004, he United States citizens were held hos- Jordan has been a key player in the issued the Amman Message—an impor- tage for 444 days from November 4, peace process between Israel and the tant step in combating al Qaeda’s at- 1979, to January 20, 1981, and for other Palestinian people, a partner in the tempt to hijack one of the world’s purposes. fight against al Qaeda, and an impor- great religions in the name of hate. The Clerk read the title of the con- tant part of the struggle for the soul of While America can work to eliminate current resolution. Islam. With its lengthy border with the conditions that give rise to extre- The text of the concurrent resolution Israel and its majority Palestinian pop- mism, we must also rely on Muslim is as follows: ulation, Jordan has long been a cata- leaders to press the case that al Qaeda H. CON. RES. 209 lyst for peace in the region. is a perversion of Islam and not a pure Whereas, in the face of internal political King Hussein, the current King’s fa- form of the religion that values human upheaval in Iran, the United States Govern- ther, engaged in decades of quiet diplo- life and peace. ment maintained a diplomatic presence in

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12547 Tehran following the fall of Shah Moham- sonnel held hostage and servicemen who lost hostages along the way, but 52 of the med Reza Pahlavi in January 1979, and their lives and were wounded in a valiant at- original 66 who were captured were sought to engage the new provisional govern- tempt to free the United States hostages; held for the entire 444 days. All of the ment of Prime Minister Mehdi Bazargan; (3) in recognition of this sacrifice, hopes hostages made a heroic sacrifice for Whereas, on November 4, 1979, Iranian mili- that the people of the United States and Iran tants scaled the walls of the United States may embark on a new relationship that fully our Nation, and they deserve our eter- Embassy in Tehran and took 63 United reflects their most noble aspirations for life nal gratitude. States citizens and diplomats hostage; and liberty; We also lost eight courageous sol- Whereas three more United States citizens (4) expresses its support for all Iranian citi- diers when their helicopters crashed in were taken prisoner at the Iranian Foreign zens who embrace the values of freedom, the Iranian desert on April 25, 1980, in Ministry, for a total of 66 hostages; human rights, civil liberties, and rule of law; a failed attempt to rescue the hostages. Whereas the occupiers bound and blind- and We honor their bravery and we mourn folded the embassy staff and military per- (5) urges the Secretary of State to make their loss. Our thoughts and prayers sonnel and paraded them in front of photog- every effort to assist United States citizens raphers; held hostage in Iran at any time during the continue to go out to their families, Whereas a total of 52 United States citi- period beginning on November 4, 1979, and Mr. Speaker. zens were held hostage for 444 days until Jan- ending on January 20, 1981, and their sur- The Iranian regime’s support for the uary 20, 1981, in isolated and under psycho- vivors in matters of compensation related to holding of American hostages was a logically intimidating and onerous condi- such citizens’ detention. disgrace of the highest order, and it tions; The SPEAKER pro tempore. Pursu- was far from the last time that the Ira- Whereas Iranian militants violated the ant to the rule, the gentleman from nian regime would show contempt for principle of diplomatic immunity and United New York (Mr. MCMAHON) and the gen- its international obligations, as we States sovereignty; know. Iran continues to flout the will Whereas Ayatollah Khomeini endorsed the tlewoman from Florida (Ms. ROS- seizure of the United States Embassy and de- LEHTINEN) each will control 20 minutes. of the international community today tention of United States hostages and top- The Chair recognizes the gentleman with its nuclear weapons program and pled the Bazargan government, instructing from New York. with its support for terrorism. that no Iranian officials hold discussions GENERAL LEAVE Annually—and outrageously—the with United States representatives; Mr. MCMAHON. Mr. Speaker, I ask Iranian regime continues to mark the Whereas the Soviet Union vetoed United unanimous consent that all Members anniversary of the Embassy takeover States initiatives at the United Nations Se- may have 5 legislative days to revise as a celebration rather than as the curity Council to impose collective economic badge of shame they should acknowl- sanctions on Iran; and extend their remarks and to in- Whereas the United States broke off diplo- clude extraneous material on the reso- edge it to be. This year, thousands of matic relations with Iran on April 7, 1980, lution under consideration. Iranian demonstrators turned the ta- following unsuccessful diplomatic efforts to The SPEAKER pro tempore. Is there bles on the regime, fittingly using the free the hostages; objection to the request of the gen- occasion to declare their contempt for Whereas, on April 24, 1980, the United tleman from New York? the Iranian leadership. States launched Operation Eagle Claw, a There was no objection. Mr. Speaker, several of those who high-risk rescue operation to free the hos- Mr. MCMAHON. I yield myself as were taken hostage 30 years ago re- tages; much time as I may consume. main active in serving our Nation’s in- Whereas the rescue mission was aborted Mr. Speaker, I rise in support of when three helicopters malfunctioned; terests today. One of them, Ambas- Whereas the following United States mili- House Concurrent Resolution 209, sador John W. Limbert, was a young tary personnel from the all-volunteer Joint which recognizes the 30th anniversary political officer, already an accom- Special Operations Group lost their lives and of the seizure of the United States Em- plished Persian scholar, who was just three more were injured in the Great Salt bassy in Tehran on November 4, 1979. finishing his third month at the Em- Desert near Tabas, Iran, on April 25, 1980, in In February 1979, shortly after the bassy when Iranian thugs took him and the aborted attempt to rescue the United collapse of the Shah’s regime, exiled his colleagues hostage. States hostages— religious leader Ayatollah Khomeini Today, 30 years later, he is starting (1) Capt. Richard L. Bakke, 34, Long Beach, returned to Tehran and whipped pop- CA, Air Force; an assignment as Deputy Assistant (2) Sgt. John D. Harvey, 21, Roanoke, VA, ular discontent into rabid anti-Ameri- Secretary for Iranian Affairs at the Marine Corps; canism. When the Shah came to Amer- State Department’s Bureau of Near (3) Cpl. George N. Holmes, Jr., 22 Pine ica for cancer treatment in October, Eastern Affairs. For the past 3 years, Bluff, AR, Marine Corps; the Ayatollah incited Iranian militants he has been a professor at the United (4) Staff Sgt. Dewey L. Johnson, 32, Jack- to attack the United States. Shortly States Naval Academy in Annapolis, sonville, NC, Marine Corps; (5) Capt. Harold L. Lewis, 35, Mansfield, thereafter, on November 4, the Amer- which has granted him leave so he can CT, Air Force; ican Embassy in Tehran was overrun assume his critically important posi- (6) Tech. Sgt. Joel C. Mayo, 34, Bonifay, and its employees taken captive. The tion. He is not only a scholar but a FL, Air Force; hostage crisis had begun. first-rate diplomat. We honor him (7) Capt. Lynn D. McIntosh, 33, Valdosta, Sixty-six Americans were taken hos- today, wish him well on his new assign- GA, Air Force; and tage by the Iranians. They were sepa- (8) Capt. Charles T. McMillan II, 28, ment, and look forward to working Corrytown, TN, Air Force; rated into small groups which were not with him. Whereas the Algerian Government bro- allowed to communicate with one an- I commend my friend, the gentleman kered a January 19, 1981, agreement between other. They were completely cut off from Nebraska (Mr. FORTENBERRY), for Iran and the United States, to which the from the outside world, even from their introducing this important resolution, United States agreed, under duress, resulting families. They were blindfolded when- and I urge my colleagues to join me in in the release of the hostages on January 20, ever their captors took them outside supporting it. 1981; their rooms. Meals were served irregu- Mr. Speaker, I reserve the balance of Whereas President Reagan asked former larly and were often inadequate. my time. President Carter to welcome the released Particularly worrisome for the hos- Ms. ROS-LEHTINEN. I yield myself hostages at Rhein-Mein Air Base; and Whereas the Iranian Government’s com- tages was the lack of adequate medical such time as I may consume. memoration of the 30th anniversary of the care. Many of them were senior Em- Mr. Speaker, I rise in strong support Iranian hostage crisis was met with street bassy staff with serious health con- of the resolution put forward by my protests against the repressive Iranian re- cerns. Above all, there was the psycho- good friend, the gentleman from Ne- gime: Now, therefore, be it logical pressure of never knowing if braska. Resolved by the House of Representatives (the they would be harmed or executed, if Mr. Speaker, September 11, 2001, will Senate concurring), That Congress— and when they would be released, or be forever engrained in our collective (1) recognizes the 30th anniversary of the consciousness as one of the most vi- Iranian hostage crisis, during which 52 what, if anything, the American Gov- United States citizens were held hostage for ernment was doing to help them. cious attacks against our Nation. How- 444 days; Mr. Speaker, our brave diplomats and ever, we have been targeted by a glob- (2) honors the sacrifice and service of the servicemen were held for well over a al, violent, Islamic extremist network United States diplomats and military per- year. The Iranians released a few of the since November 4, 1979.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12548 CONGRESSIONAL RECORD — HOUSE November 6, 2009 On this day, Iranian militants material support and all types of weap- East. Their courageous witness to the overran the United States Embassy in ons to extremists in both countries, so principles that we hold dear, just civil Tehran, and took innocent American that they can kill and wound Ameri- order and recourse to the orderly ad- hostages, with 52 of these brave Ameri- cans. The number of U.S. victims of dress of grievances, stands as a re- cans held for 444 days. U.S. diplomats, Iranian-sponsored or Iranian-supported minder of what is at stake now in the Embassy staff, and military personnel attacks continues to increase. ancient land of Iran, a choice for peace were bound and blindfolded, humili- The threat to our ally Israel has and cooperation or a choice for repres- ated, and paraded in front of news cam- grown incredibly as well, with Iran in- sion, fear, and isolation. eras by their captors. creasing its involvement in the West The quest for national prominence Bank and Gaza in support of such and prestige to which Iran understand- b 1830 Islamist extremist organizations as ably subscribes, absent the enduring They endured unspeakable suffering Hamas, the Palestinian Islamic Jihad values we have been fortunate to see and abuse for nearly 15 months in cap- and Lebanon through its proxy, enshrined in the U.S. Constitution, as tivity. Since the capture of the United Hezbollah. Yet successive U.S. adminis- well as the Universal Declaration of States embassy in Tehran 30 years ago trations have failed to properly recog- Human Rights, is an empty quest. In and the ensuing hostage crisis, Iran has nize and confront the totality of the his oft cited work, ‘‘Democracy in increasingly viewed terrorism as a tool Iranian threat, from its history of sup- America,’’ Alexis de Tocqueville in es- to achieve its ideological and strategic porting violent Islamic extremists, to sence concluded that America is great aims. its nuclear weapons program, uncon- because America is good. We must con- These aims include exporting the rev- ventional weapons and ballistic missile stantly remind ourselves that the on- olution, supporting and arming mili- development. going challenge to our Nation or any tant Islamist extremist organizations In response, the United States must nation lies in the quest for what is and other groups worldwide, especially impose a cost so high on Tehran that it good. This is the measure of greatness in the Middle East, attacking Israel, threatens the Iranian regime’s survival in a civilized world. and destabilizing the governments of unless it changes course. This approach Greatness not to dominate, but to the more pragmatic and reformist Arab will require applying immediate, com- liberate. Greatness, not to rule and co- countries. prehensive tough economic sanctions. erce, but to govern wisely and with the One of the chief instruments for the Again, former hostage Dr. William consent of the people who seek to de- implementation of these policies has Daugherty said it best, ‘‘It is time for termine their own destiny within the been the jihadist organization, Iran to be called to account, not by framework of the just rule of law. Hezbollah, which, since its inception, pronouncements, but by clear, sus- This is the challenge before Iran has been trained, financed and sup- tained and overwhelming action for its today. To be a force for good in a reported by the Iranian Revolutionary past, as well as for any future viola- gion challenged to rise above long- Guard Corps. In return, Hezbollah has tions of international law. standing grievances and injustices, to helped advance Iranian interests ‘‘And it is time for American victims be a force for good in a world threat- through a sustained campaign against of Iranian terrorism, like those of us ened by greed, terror and tyranny, or the United States and our allies in the who were held hostage by the Iranian not. Middle East, including but not limited government, to receive the justice that When President Ronald Reagan wel- to the 1983 attacks on the United is decades delayed. The Congress can comed the former hostages to the States marine barracks and embassy in see that this happens.’’ White House on January 27, 1981, he Lebanon; the bombing of the United Mr. Speaker, I urge my colleagues to stated, ‘‘We hear it said that we live in States embassy annex in Beirut in 1984; strongly support this resolution. an era of limit to our powers. Well, let the 1985 hijacking of TWA Flight 847; I reserve the balance of my time. it also be understood, there are limits the taking of American and other hos- Mr. MCMAHON. Mr. Speaker, I re- to our patience.’’ It is my hope, Mr. tages in Beirut throughout the 1980’s; serve the balance of my time. Speaker, that by honoring these brave the June 1996 truck bombing of the Ms. ROS-LEHTINEN. Mr. Speaker, at men and women, we may inspire people Khobar Towers United States military this time I am proud to yield as much throughout the world to work tire- housing complex in Saudi Arabia. time as he may consume to the author lessly for the freedom and justice they Testifying at a subcommittee hear- of the resolution, the gentleman from deserve and settle for nothing less. ing that I chaired in February 2005, Nebraska (Mr. FORTENBERRY), an es- It is also my fervent hope that in rec- William Daugherty, a CIA veteran and teemed member of our Committee on ognition of this 30th anniversary, the one of the 52 Americans held hostage in Foreign Affairs. people of the United States and Iran Iran for 444 days 30 years ago, empha- Mr. FORTENBERRY. I thank the may embark on a new relationship that sized, ‘‘The undeniable truth is that gentlewoman for yielding and thank fully reflects the noblest aspirations the United States Government has ut- her for her leadership and assistance in for life and liberty. terly failed to hold Iran accountable in this important resolution as well. Ms. ROS-LEHTINEN. Mr. Speaker, I any sustained and effective manner for Mr. Speaker, this week holds special have no further requests for time, and its role in the cumulative deaths of significance for our Nation, especially I yield back the balance of my time. over 275 American citizens and the for the courageous U.S. diplomats and Mr. MCMAHON. Mr. Speaker, at this wounding of well over 600 more.’’ military personnel who were captured time it is my privilege and honor to Mr. Daugherty continued, ‘‘More- when militant student activists recognize for 4 minutes my distin- over, the United States Government stormed the U.S. embassy in Tehran 30 guished colleague, the gentlewoman has failed to undertake any action with years ago on November 4, 1979. from Texas, Ms. SHEILA JACKSON-LEE. the force or impact sufficient to deter Their 444-day hostage ordeal in Iran Ms. JACKSON-LEE of Texas. I thank the Iranian government from con- is forever etched in our Nation’s mem- the manager of this legislation, my ducting terrorism against our inter- ory. You cannot understand what is dear friend from the Foreign Affairs ests. happening in the Middle East today Committee, for yielding. ‘‘The absence of any credible re- without reference to this event. I intro- It is interesting to have this day to sponse has served only to encourage duced this resolution to remind us of commemorate the sacrifice of Ameri- the continuation of Iranian-sponsored the hostages’ triumph in adversity, of cans some 30 years ago who were held terrorism, nor have those of us who are the difficult lessons our policymakers as hostages. A few minutes ago I tried victims of Iranian terrorism received learned during that grueling episode, to depict and have people be reminded any justice from those acts.’’ to commemorate their service to our of the tragedy of lost children during Since Dr. Daugherty’s testimony al- Nation and to honor those brave sol- the earthquake in China, just visually most 5 years ago, Iran has been diers who were killed and wounded in a picture what happened to those chil- proactively involved in undermining valiant rescue attempt. dren. United States and coalition interests Our diplomats took a difficult assign- It is important as well to revisit vis- in Iraq and Afghanistan, by providing ment at a difficult time in the Middle ually what Americans had to go

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If passed, the Pelosi This is an important acknowledg- in the affirmative, the ayes have it. health care bill will bankrupt State ment of a transition that has frozen Mr. MCMAHON. Mr. Speaker, I object governments, destroy jobs, and further time for the Iranian people, frozen to the vote on the ground that a cripple the economy. their rights, their opportunity for free- quorum is not present and make the Our State governments can’t afford dom and freedom of speech, the under- point of order that a quorum is not this bill, and neither can the American standing of the concept of democracy. present. taxpayer. As we commemorate, not celebrate, The SPEAKER pro tempore. Pursu- f those 30 years, we thank those Ameri- ant to clause 8 of rule XX and the EXPRESSING ARKANSAS THIRD cans, those brave Americans who with- Chair’s prior announcement, further DISTRICT CONSTITUENTS’ CON- stood all of that pain of being a hos- proceedings on this motion will be CERNS ABOUT A PUBLIC OPTION tage, being away from their family postponed. (Mr. BOOZMAN asked and was given members when at the same time we The point of no quorum is considered owe them a debt, more than a debt of permission to address the House for 1 withdrawn. minute and to revise and extend his re- gratitude. f We owe them the recognition that marks.) there are dissidents, Iranians, who are REAL HEALTH CARE REFORM Mr. BOOZMAN. Mr. Speaker, residents in Arkansas’ Third District don’t now on the ground fighting against, I (Ms. ROS-LEHTINEN asked and was believe, an illegally situated govern- want a government takeover of health given permission to address the House care. In a tele-town hall on Tuesday, I ment that cannot document that that for 1 minute and to revise and extend was a fair process and the brutality asked my constituents, are you sup- her remarks.) portive of a public option in health that occurred after that election when Ms. ROS-LEHTINEN. Mr. Speaker, care reform? The overwhelming major- the Iranians stood up to be able to de- we all agree that real health care re- ity, 76 percent, said that they don’t mand justice and a fair election. form is a necessity, but in the hurry of We must push for human rights in favor that plan. Congress to pass the $1 trillion Pelosi The reality is, this 1,990 page Pelosi Iran. We must push for nonprolifera- bill, we are not listening to our moth- health care bill includes a public option. We must demand transparency. Of er’s often-given advice, look before you tion. My constituents don’t want to course, their chief executive will sug- leap. In this case, read before you vote. federalize their health care. Like them, gest that we are demons, that we have The Pelosi bill takes the wrong ap- I believe this bill is a prescription for no right to interfere into their busi- proach in fixing what is broken in our big government and an expense our ness. health care system. Increased taxes do country can’t afford. Well, I would say the name of those not translate into increased coverage. Three weeks ago, my constituent, brave Americans that lost a lot of their Eliminating seniors’ health care Andy Jacobs of Pottsville, Arkansas, life for a period of time in our history, choices and cutting their benefits do sent me a letter, and he makes a great we owe them our persistence in ensur- not translate into eliminating waste, suggestion. ‘‘Make a list of all the ing that there is an opportunity for fraud, and abuse. Cost shifting in the projects and programs the Federal Gov- freedom and democracy in Iran. health care system does not translate ernment operates and those that have There were those, of course, who lost into cost reduction. seen the operating costs decrease.’’ their lives in the attempt to rescue Instead, what we need is true health I urge my colleagues to write that those individuals. I pay honor and trib- care reform that helps bring down the list. It doesn’t take long to see there ute to them. In their name as well we high cost of care and the high insur- are few, if any, government-run pro- must continue to fight for freedom. ance premiums. What we need is health grams that are cost-effective. An enormous tragedy occurred yes- care reform that will allow our fami- Arkansas’ Third Congressional Dis- terday in Texas at Fort Hood, and we lies to keep the doctors and the cov- trict sees this bill for what it is, a tax respect and acknowledge the loss of erage that they want. increase. those brave men and women. We also Congress needs to end the search for f say that freedom demands our atten- complicated and convoluted ways that tion, both in terms of national security HEALTH CARE hide the actual cost of the Pelosi bill in but as well for those who sacrifice for (Mr. BARRETT of South Carolina taxes, mandates, and benefit cuts. us every day. asked and was given permission to ad- Mr. Speaker, I rise to recognize the f dress the House for 1 minute.) 30th anniversary and thank the author HEALTH CARE Mr. BARRETT of South Carolina. of this legislation, of the Iranian hos- Mr. Speaker, I strongly oppose this so- (Mr. COLE asked and was given per- tage crisis, during which 52 United called Democrat reform package. I mission to address the House for 1 States citizens were held hostage for know and I believe that health care re- minute.) 444 days. I acknowledge their sacrifice, form is necessary. However, the loom- Mr. COLE. Mr. Speaker, one of the the days they stayed away from their ing health care legislation will only impacts of the proposed health care family and, as well, the sacrifice of hurt American families and have dev- legislation that has not received the those who attempted to save their astating effects on our Nation’s small attention it deserves is the huge un- lives. businesses, especially like the ones in funded mandate that it will place on I express support for all of those Ira- South Carolina. our respective State governments. nian citizens who now stand in the bat- This massive government expansion As every Member of this body knows, tle in the fight for human rights. I will cost nearly $1.3 trillion, which is each State in America is struggling to would argue that this legislation must offset by job-killing tax increases. balance its budget, often cutting serv- be shown in action, and I ask my col- Small businesses will be hardest hit by ices to the bone. I asked my own State leagues to support this initiative. these tax increases, which will total a legislative leaders how the State of staggering $730 billion. This is espe- b 1845 Oklahoma would be impacted by cially troubling in South Carolina, Mr. MCMAHON. Mr. Speaker, I have Speaker PELOSI’s health care bill. They where small businesses make up 97 per- no further requests for time, and I reported that in Oklahoma this legisla- cent of the businesses there. yield back the balance of my time. tion will result in at least $128 million According to the Heritage Founda- The SPEAKER pro tempore. The of additional annual cost to State gov- tion, 8,700 South Carolina small busi- question is on the motion offered by ernment. That will require either dra- nesses will be required to pay this new

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12550 CONGRESSIONAL RECORD — HOUSE November 6, 2009 burdensome tax. This will surely result their current coverage and put on the all goods and services are going to go in more job losses in my State, where public plan. Now, with the manager’s up because of the increased taxes on all unemployment right now, Mr. Speaker, amendment, Democrats are simply the business. is 11.6 percent. quickening this transition by kicking It is going to destroy jobs. It has Please, colleagues, stand with me and insurers off their plan. It is a bad been estimated that 5.5 million jobs are fight this government takeover of our amendment, a bad bill, and it should be going to be lost. But, most of all, it is health care. rejected. going to destroy our economy. f f We need to destroy this bill. HEALTH CARE HEALTH CARE f (Mr. LUETKEMEYER asked and was (Mr. SESTAK asked and was given HEALTH CARE given permission to address the House permission to address the House for 1 (Mr. PASCRELL asked and was given for 1 minute and to revise and extend minute.) permission to address the House for 1 his remarks.) Mr. SESTAK. Mr. Speaker, I rise to minute.) Mr. LUETKEMEYER. Mr. Speaker, encourage the House of Representa- Mr. PASCRELL. Mr. Speaker, I want the American people have spoken. Poll tives to stay in session until this to tell you about a friend of mine, after poll now shows by overwhelming health care bill brought forward this Kelly Conklin, who owns a small busi- majorities that this health care pro- weekend is passed. I do that because ness in New Jersey, since that is what posal is being rejected by them. about 4 years ago I lived down the we have been hearing from many of my What are their concerns? Seniors are street in Children’s Hospital with my friends on the other side. It is a small concerned about their Medicare, Medi- daughter, struck with a brain tumor. woodworking business. care Advantage, and their care in gen- Given just a few months to live, we Each year, Kelly has to determine eral, as this bill makes a $500 billion began our chemotherapy after the the best set of benefits at the best price cut in the Medicare program, which brain operation. based on his employees and their needs. will lead to rationed care. There was a young boy, 21⁄2 years old, Unfortunately, the options dictated to Small business owners are concerned diagnosed with acute leukemia next to him by an insurer leave him with very about their businesses, as this bill will her, where we heard social workers few choices. He has zero negotiating enact billions of new taxes, surcharges, argue for six hours whether that youth, power. That is why the exchange is a and places new mandates on them that whose parents didn’t have health insur- great idea for small businesses to deal may cause them to lose their busi- ance, could stay. with the problems, because offering nesses. I have always thought in my 31 years coverage is the right thing for him to Young people are concerned about in the military how well we invested do and the best way for him to attract their futures. Will the $1 trillion price here in Congress in our military’s the most skilled employees. tag of this bill indebt them and their health care plan because of the divi- Kelly is literally at the whim of his children for the rest of their lives? This bill does not lower the cost of dends it gave to me, for example, when insurer. For 2010, he faces a 35 percent 1⁄2 month war, and yet health care. According to the Congres- I went to an 11 increase in premiums. How in God’s my family and my daughter were taken sional Budget Office, it raises the cost name can we justify this by a bill that care of and I was focused on the mis- of health care. the other side has presented that is The American people don’t see this sion. cheap because it doesn’t do anything? bill as a solution to the health care We lose $200 billion a year in lost pro- f ductivity because of the under and un- problem. They see it as adding to the HEALTH CARE problem. They have spoken. We need to insured. Our small businesses pay an 18 listen. percent tax in higher health care costs (Mr. WAMP asked and was given per- because we have not taken action over mission to address the House for 1 f the last 10 years. minute and to revise and extend his re- HEALTH CARE I urge my colleagues to stay in ses- marks.) (Mr. ROE of Tennessee asked and was sion, because doing nothing is not who Mr. WAMP. Yes, Mr. Speaker, Repub- given permission to address the House we are. licans are united against the Pelosi- for 1 minute.) f Obama health care takeover, but it is Mr. ROE of Tennessee. Mr. Speaker, not a partisan issue. This week, seven HEALTH CARE this week, Democrats released 42 addi- Democrat governors came out in tional pages of the health care bill in (Mr. BROUN of Georgia asked and strong opposition to the plan, includ- their manager’s amendment, meaning was given permission to address the ing my Governor, Phil Bredesen, who the total package now stands at 2,032 House for 1 minute.) called the plan ‘‘the mother of all un- pages. Mr. BROUN of Georgia. Mr. Speaker, funded mandates.’’ Why? Because it As I see it, the manager’s amendment I am a physician. I practiced medicine adds millions of people to the State’s makes it more likely that we will see in Georgia for almost four decades. In Medicaid rolls, makes them cover everyone in the exchange on a govern- health care, us providers try to do no them, without the money down the ment-run plan within a few years of its harm. But, Mr. Speaker, this Pelosi road to pay for it. creation. The amendment calls for in- health care takeover is going to de- States have to balance their budget. surers to report annual premium in- stroy the quality of health care. They can’t borrow $1 trillion and just creases to the government and gives It is going to actually destroy poor print the money and add it to the next the administrator the power to kick in- people, and particularly Medicare re- generation. They have to balance their surers out of the exchange for increases cipients, from even having a doctor, be- budget. The 10th Amendment gives that he or she deem to be excessive, a cause the cuts in Medicare are going to rights to the States. The Federal Gov- term that is left entirely up to the dis- mean that doctors just can’t afford to ernment is handing mandates to the cretion of the administrator. continue to see them, even though they States, and they have nowhere to turn What we have been saying all year is want to. except to raise taxes or dramatically that a plan that doesn’t pay the cost of It is going to destroy State budgets cut their budgets. This is not fair to care will shift higher costs to private because of the increase in the Medicaid the States. It is the wrong thing to do. insurers, as hospitals and providers recipients that are going to be forced Reject the Pelosi-Obama health care have to make up their losses on pay- on to the State budgets, which means takeover. ments from the government. As costs that it is going to hurt teachers and all f are shifted, private insurers are left the goods and services within the with no choice but to increase pre- State. HEALTH CARE miums. It is going to destroy every family’s (Mr. HIGGINS asked and was given Independent studies have shown that budget because of the increased cost permission to address the House for 1 millions of people will be dropped from for everybody in this country, because minute.)

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12551 Mr. HIGGINS. Mr. Speaker, today in as they could from the very steps of under the government-run plan and to America we spend $2.5 trillion or 17 this grand old historic building, beg- subsidize individual plans that include percent of our economy as measured by ging, pleading, please honor the free- abortion. the gross domestic product on health doms and liberties that generations of As an alternative to Speaker care. Yet we are 37th in terms of qual- Americans have fought and even died PELOSI’s bill, House Republicans are of- ity out of 192 countries. We are 41st in for. Republicans have heard that mes- fering a commonsense, responsible so- infant mortality out of 192 countries. sage, and we agree with you. We know lution that would reduce health care We are dead last among industrialized you are right. costs and expand access while pro- countries in preventible deaths. Mr. Speaker, your party is in control tecting the dignity of all human life. Health care premiums have doubled of this Congress, but the American peo- The Republican plan would codify the in the past 10 years. They will double ple will have the final say. Are you lis- Hyde amendment and prohibit all au- again in the next 10 years. Fourteen tening? thorized and appropriated Federal thousand people lose their coverage f funds from being used to pay for abor- every day. They are not older people, tions. HEALTH CARE because they qualify for Medicare. Under the Republican plan, any They are not poor people, because they (Mr. WITTMAN asked and was given health plan that includes abortion cov- qualify for Medicaid. It is individuals permission to address the House for 1 erage may not receive Federal funds. who get up every day and go to work, minute.) As a doctor with more than 30 years’ but, because of the skyrocketing cost Mr. WITTMAN. Mr. Speaker, I rise experience, I will be voting ‘‘no’’ on the of health care, their employers are today to share with you comments Pelosi health care bill that will destroy forced to cut coverage and, in some from my constituents in the First Con- life instead of protect it. cases, close altogether. gressional District of Virginia about f This is a uniquely American problem H.R. 3962: HEALTH CARE with a uniquely American solution. We Elizabeth from Williamsburg says, should support health care reform now. My business ends up with an 8 percent (Mr. SMITH of Nebraska asked and margin so an 8 percent of payroll con- was given permission to address the f tribution rate would be significant. House for 1 minute and to revise and b 1900 Esther from Williamsburg says, Keep extend his remarks.) HEALTH CARE REFORM our government small. Bigger isn’t bet- Mr. SMITH of Nebraska. Mr. Speak- ter. er, I rise today in support of the Repub- (Mr. MILLER of Florida asked and Sandra from Seaford says, I want to lican health care bill. The nonpartisan was given permission to address the choose my own health insurance. Congressional Budget Office estimates House for 1 minute.) Beverly from Woodford says, I am the Republican alternative will de- Mr. MILLER of Florida. Mr. Speaker, happy with my health care right now crease health insurance premiums up with almost 16 million people unem- and do not want to see it changed. I do to 10 percent. Compare that to Speaker ployed and looking for work, with an not want the government involved in PELOSI’s government-controlled health unemployment rate of over 10 percent, my health care. insurance plan, which CBO estimates something we haven’t seen in 26 years, Diana from Yorktown says, Don’t will have higher premiums than those with countless Americans asking, vote for a bill that would unfairly bur- currently available in the private Where are the jobs, why is the Demo- den many generations to come. health insurance market. Higher pre- cratic leadership ramming through a Bruce from Warrenton says, The miums than currently available. health care bill that will not add one health care legislation now pending The medical liability reform Repub- net job to the American economy? will surely break the bank of this coun- licans are offering will reduce health In fact, the majority’s bill will do the try in addition to destroying the finest care costs for Americans by $54 billion exact opposite. It will impose $729 bil- health care system in the world. over 10 years by reducing junk law- lion in new taxes, crushing small busi- Connie from Dumfries says, I am con- suits. This, again, according to the ness. For those small businesses that cerned that some legislation in Con- CBO. What’s more, the Republican al- manage to survive the new taxes, their gress will create a new government-run ternative will reduce the deficit by $68 employees will be required to have in- health plan that will cause me to lose billion without increasing taxes by one surance or face yet another tax. Mr. my current employer coverage. I want red cent. We have a clear choice—$700 Speaker, this has got to stop. Ameri- to be sure that I can keep my current billion in new taxes, 118 new bureauc- cans do not want higher taxes. Ameri- coverage, and I urge you to oppose any racies and higher health care costs or cans do not want higher premiums, and new government-run health insurance the Republican bill which will take Americans do not want this massive plan. meaningful steps toward the true government health care takeover bill. Chester from Williamsburg says, I ob- health care reform that we know we f ject to the government taking control need. of my private health care decision. ARE YOU LISTENING? f f (Mr. BONNER asked and was given HEALTH CARE permission to address the House for 1 PELOSI BILL WILL FUND (Mr. AUSTRIA asked and was given minute and to revise and extend his re- ABORTIONS permission to address the House for 1 marks.) (Mr. FLEMING asked and was given minute.) Mr. BONNER. Mr. Speaker, the tax- permission to address the House for 1 Mr. AUSTRIA. Mr. Speaker, this payers of this country want to know if minute.) week marks a defining moment for this the people who work for them, who Mr. FLEMING. Mr. Speaker, health Congress and our Nation. With an $11.9 were hired last November to serve here care reform should not be used as an trillion debt that continues to grow as the people’s House are really listening opportunity to use Federal funds to government encroaches into every as- to what they’ve been saying. pay for elective abortions. Health re- pect of our lives, we’re being asked to Appropriately enough, this started form should be an opportunity to pro- vote on a 1,990-page health care reform back on tax day, April 15. Tens of thou- tect human life, not end it. House bill that has a nearly $1 trillion price sands, perhaps millions, began to speak Speaker NANCY PELOSI is proposing a tag, adding to the government’s long- with one voice about the spending, the 2,032-page government takeover of term deficit problem which will be borrowing, the rising unemployment as health care that directs the new gov- passed on to our children and grand- well as the ever-expanding role of the ernment-run plan to cover elective children. Federal Government into our daily abortions. There is no getting around It includes a government option in lives. it. Under Speaker’s PELOSI’s govern- which bureaucrats in Washington will In August, even yesterday they ment takeover of health care, Federal decide what health care Americans turned out en masse, speaking as loud funds will be used to pay for abortions may receive. It would increase the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12552 CONGRESSIONAL RECORD — HOUSE November 6, 2009 health care costs for millions of Ameri- TORT REFORM WOULD PAY FOR handful of jobs in each of our congres- cans who are satisfied with their cur- UNINSURED sional districts. Only 67 in mine, in the rent health care coverage. It cuts Medi- (Mr. SMITH of Texas asked and was 16th Congressional District of Pennsyl- care and reduces benefits for seniors, given permission to address the House vania. such as Medicare Advantage, and will for 1 minute and to revise and extend Now, instead of concentrating on how raise taxes on families and small busi- his remarks.) we can restart our economic engine, we nesses. Mr. SMITH of Texas. Mr. Speaker, start to consider a health care bill that Mr. Speaker, we all agree that our the Congressional Budget Office has de- could cost millions of more Americans health care system can be and should termined that tort reform would save their jobs in the next decade. Ways and be improved; but, unfortunately, Mem- Americans $54 billion over the next Means Committee staff, working with bers of Congress are not listening to decade. But reducing frivolous lawsuits the Congressional Budget Office and the American people, and that is, more against doctors and hospitals is not in Joint Tax Committee figures, estimate government is not the answer. the health care bill. That is because, that Speaker PELOSI’s bill could cost f according to former Democratic Na- 5.5 million American jobs over the next HEALTH INSURANCE FROM THE tional Committee Chairman Howard 10 years. It is inconceivable that this NORTHERN MARIANA ISLANDS Dean, White House officials ‘‘don’t House will consider killing jobs during want to take on the trial lawyers.’’ a recession. (Mr. DEFAZIO asked and was given A government takeover of health permission to address the House for 1 Tort reform eliminates the billions of dollars spent on meritless lawsuits and care will only employ more tax collec- minute.) tors and bureaucrats. We need real Mr. DEFAZIO. Republicans are cra- defensive medicine. health care reform, the kind that fo- ven in their obeisance to their health If Congress enacted tort reform, we cuses on reducing costs, improving industry patrons who are so generous could then provide catastrophic health quality of care and expanding access. at campaign time. They are saying care coverage to the long-term low-in- that they’re going to offer a new na- come uninsured. To reduce health care f tional policy; they’re going to free up costs and help the uninsured, tort re- CLOSED HEALTH CARE RULE form should be the first item in any the insurance industries to offer new (Mrs. BIGGERT asked and was given health care bill. national policies with no antitrust law permission to address the House for 1 from the Federal Government, no regu- f minute and to revise and extend her relation by the States. They’ve come up HEALTH CARE marks.) with a new loophole for abuses. They Mrs. BIGGERT. Mr. Speaker, despite have defined on page 122 of their bill, (Mr. SCALISE asked and was given the fact that Republicans continue to the Northern Mariana Islands—that is permission to address the House for 1 offer constructive ideas to improve the Jack Abramoff’s lobby client—with minute.) health care bill, Democrats still insist their sweat shops and sex shops as a Mr. SCALISE. Mr. Speaker, Speaker that we are the party of ‘‘no.’’ Earlier State so insurance companies can go to PELOSI’s latest attempt at a govern- today I submitted an amendment to the Northern Mariana Islands and the ment takeover of health care adds an improve the Medicare waste, fraud and only consumer protections that will extra $730 billion in new taxes onto the abuse enforcement provisions in H.R. apply for a policy you buy—one of backs of American small businesses 3962, and Democrats will say ‘‘no’’ to these new, great, cheap national poli- and families. It cuts $500 billion out of even allowing my amendment to get an cies—will be the laws of the Mariana Medicare, which our seniors know is Islands. Buy a policy in Oregon, call up-or-down vote. only going to lead to rationed care for According to a recent report by ‘‘60 the Mariana Islands insurance commis- them, and it will take away another 5.5 sioner, whoever that might be—maybe Minutes,’’ Medicare loses over $60 bil- million jobs out of our economy. lion a year to fraud. My amendment Jack Abramoff when he gets out of You wonder, today, on the day that jail—and they’ll help you out. would strengthen the Medicare enroll- we broke the 10 percent mark that ment process, expand certain standards f President Obama set right here when of participation and reduce erroneous HEALTH CARE the stimulus bill was passed, the bill payments. There is no excuse for con- that he said would stop unemployment (Mr. NEUGEBAUER asked and was tinuing to make payments to empty from exceeding 8 percent, unemploy- given permission to address the House buildings and businesses that have ment went to 10.2 percent. Now that for 1 minute and to revise and extend never existed. we’re over 10 percent, when are the lib- his remarks.) Mr. Speaker, this closed process has Mr. NEUGEBAUER. Mr. Speaker, erals running Congress going to realize prevented me and many of my col- yesterday the American people from that it’s their policies, it’s their tax- leagues, both Republicans and Demo- across the country came to the people’s ing, it’s their spending, cap-and-trade, crats, from offering intelligent and House to oppose a government take- card check. It’s policy after policy that well-constructed amendments that over of their health care. They said, puts a target on the backs of business, would save taxpayers money and im- Washington, no politician or bureau- and it is running millions of jobs out of prove health care access for all Ameri- crat should interfere with our choice. this economy. When will it stop and cans. And I agree. they actually go and work with us Re- I urge my colleagues to join me in My colleagues and I have an answer publicans who want to put common- opposing this government takeover of for their calls by putting forward a sense reforms in place to lower the cost health care. of health care and avoid preexisting commonsense reform, legislation that f reduces the deficit, lowers the insur- conditions? HEALTH CARE ance premiums and improves coverage f for those with preexisting conditions. (Mr. TIM MURPHY of Pennsylvania As a result of the House Republican PELOSI-CARE KILLS JOBS asked and was given permission to ad- bill, the CBO now confirms that fami- (Mr. PITTS asked and was given per- dress the House for 1 minute.) lies will see their health care premium mission to address the House for 1 Mr. TIM MURPHY of Pennsylvania. reduced by 10 percent. Hardworking minute and to revise and extend his re- Our President said, ‘‘Our health care is taxpayers can expect deficits to de- marks.) too costly,’’ and I agree. Yet before us crease by $68 billion in the next decade. Mr. PITTS. Mr. Speaker, this morn- in Washington are bills that tax wheel- The American people deserve choice. ing we received grim news. More Amer- chairs, heart monitors, pacemakers One size fits all does not work for icans have lost their jobs, and we now and your insurance. These taxes make them. Speaker PELOSI, the American see the unemployment rate at 10.2 per- a family’s health insurance cost $4,000 people have said one thing yesterday. I cent, the highest in over 25 years. The more. The President said that defen- hope you were listening. They said, stimulus bill has done little to prevent sive medicine may be contributing to Kill this bill. rising unemployment, only creating a unnecessary costs, and I agree with the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12553 President. But the House bill coming price-makers. They do not have the op- small businesses by $729 billion. The up will block tort reform. As a can- tion of merely passing along those total bill will cost over a trillion dol- didate, the President said that we mandated costs.’’ lars over the next decade, with money shouldn’t underestimate the amount of The letter continues, ‘‘It is con- we don’t have. money that can be saved in the current cerning that there are no allowances And what do the American people get health care system. I agree. But these for seasonal workers. Requiring cov- for all this new spending? A bill that bills will cut Medicare by $500 billion erage for seasonal workers would have you pay for now but doesn’t give cov- and eliminate disease management significantly adverse economic effects erage for 4 years. programs and other programs that on many farmers across this country.’’ Republicans have real solutions for could save money. And finally, ‘‘Our Nation cannot af- improving access and affordability for This bill doesn’t fix our health care ford the projected costs of H.R. 3962, es- American health care. We support tort system. It finances it. It is not too late pecially considering the growing defi- reform to eliminate frivolous lawsuits. to reform Medicare, reform Medicaid, cits and other fiscal calamities with We support allowing negotiating across reform health care, cut the waste and entitlement programs that must be State lines and group purchasing improve quality. Let people buy across dealt with in the immediate future.’’ power. We support choice of coverage State lines. Let them join groups. This legislation makes little sense without the government’s forcing peo- Make insurance personal, portable and when many farmers around the coun- ple into government-run health care. permanent. Millions are asking us to try are struggling with high feed costs, Oppose the Pelosi health care bill. fix health care, but they want us to do unsustainable energy prices, and a dif- f ficult national economy. I urge my col- it right. Millions of Americans can’t all HEALTH CARE be wrong. leagues to reject H.R. 3962. f (Ms. FALLIN asked and was given f permission to address the House for 1 HEALTH CARE HEALTH CARE minute and to revise and extend her re- (Ms. JACKSON-LEE of Texas asked marks.) (Mr. GINGREY of Georgia asked and and was given permission to address Ms. FALLIN. Mr. Speaker, if we pass was given permission to address the the House for 1 minute and to revise Speaker PELOSI’s 1,990-page bill, which House for 1 minute.) and extend her remarks.) creates a massive new Federal bureauc- Mr. GINGREY of Georgia. Mr. Speak- Ms. JACKSON-LEE of Texas. Mr. racy to manage our health care sys- er, I oppose the government takeover Speaker, the Speaker of the House tem, States will face huge unfunded of our Nation’s health care system. The cares about all Americans. She cares mandates. Democratic legislation, a 1,990-page $1 about all Americans because we have The $34 billion worth of unfunded trillion bill will raise taxes, it will in- worked together as a team. It’s not the mandates to the States in this bill crease our national debt, and it will Pelosi bill; it’s the bill that responds to might help hide the true cost of this put government bureaucrats between America’s needs. And I’m proud of our $1.3 trillion legislation, but the truth is patients and their doctors. I agree it’s Speaker and this Congress and those the States will be picking up a lot of important to reform our health care who will make the right decision to- these costs. And the only way States system, but this is not the way to do it. morrow. could deal with the increased costs and I’ve spent the last 10 months trying I imagine if you were here in 1965 the unfunded mandates would be to to share my perspective as a physician when President Johnson had the vision look at raising taxes on small busi- with over 30 years’ experience. My con- and the wisdom to formulate the strat- nesses and on individuals, and that is stituents and millions of Americans egy for Medicare in collaboration with unacceptable. across this country have also spent the that Congress, you could hear the Speaker PELOSI may be all right with last 10 months trying to make their sound, echoing sound of the naysayers, increasing the national debt and spend- voices heard by the President and the ‘‘no, no, no.’’ But in none of our town ing up to $1.4 trillion on this legisla- Democratic majority. This legislation hall meetings did one person stand up tion, but when the bill comes due, the that the Democrats want us to vote on and say, ‘‘I’ll give away our Medicare.’’ children of America and their children suggests that the Speaker just doesn’t So tomorrow we will give seniors will be the ones who will be paying a care what practicing physicians and what they know and understand: sav- hefty price for reckless spending in this the American public think. ing a buck, closing the doughnut hole, Congress. This legislation is the wrong direc- providing no pay for preventative cov- It is estimated that this Pelosi tion for America, and it’s a death knell erage, helping low-cost seniors. And health care bill will cost Oklahoma for quality care for American patients. one of the things that we will do is $127 million a year in unfunded man- Mr. Speaker, I reject any government those States, like the State of Texas, dates. In our State of Oklahoma, we’re takeover of our Nation’s health care who don’t do their job as it relates to required to balance our budget each system. providing for the uninsured, because year. f Texas stands at the number one State Let’s kill this bill because it will be of uninsured and Houston is the num- bad for the States and bad for unfunded b 1915 ber one city, we have got to fix it for State mandates. HEALTH CARE those people who are in need. f Vote the right way tomorrow. (Mr. THOMPSON of Pennsylvania THE GOP HEALTH CARE PLAN f asked and was given permission to ad- (Mrs. LUMMIS asked and was given dress the House for 1 minute and to re- HEALTH CARE permission to address the House for 1 vise and extend his remarks.) (Mr. MCKEON asked and was given minute and to revise and extend her re- Mr. THOMPSON of Pennsylvania. permission to address the House for 1 marks.) Mr. Speaker, I would like to draw your minute.) Mrs. LUMMIS. Mr. Speaker, while attention to a letter from the Pennsyl- Mr. MCKEON. Mr. Speaker, I rise earlier this week the Wall Street Jour- vania Farm Bureau. It concisely sums today in strong opposition to Speaker nal called the Pelosi health care plan up many of the problems in the Pelosi PELOSI’s 2,032, and growing, page ‘‘the worst bill ever,’’ the Chicago Trib- health care bill for our small family health care bill. une last week called the GOP plan a farms. Today we are at the highest unem- good plan and said, We don’t agree with According to the letter, ‘‘The employment level since 1983. The Amer- everything in these bills but we do ployer mandate and 8 percent payroll ican people can’t afford these massive agree with ideas such as these: tax will place an enormous burden on a new spending increases, and I refuse to ‘‘Let insurers sell policies across significant portion of agriculture and pass them on to my children and State lines. That would loosen the its related industry. Although some grandchildren. strangling State-by-State regulations tax incentives are provided in the leg- This legislation will immediately in- and unleash competition to drive pre- islation, farmers are price-takers, not crease taxes on American families and mium prices down.’’ And, indeed, that

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12554 CONGRESSIONAL RECORD — HOUSE November 6, 2009 is what happens under the Republican families, and on their country. And hole so that no senior will have to bill. that’s why the American people have choose between their prescription and ‘‘Give people who buy insurance in rejected it and are saying ‘‘no’’ to this buying food. When this bill passes, our the private market the same tax bill. small businesses, our nonprofits, and breaks as those who get it through em- Congress needs to do the right thing, our mayors will no longer watch as ex- ployers.’’ That only makes sense. the responsible thing, and also say ploding health care costs wreck their And, finally, ‘‘Expand the ability of ‘‘no’’ and reject this irresponsible piece budgets. small business, trade associations, and of legislation. Is the bill perfect? No. But in this of other groups to set up insurance pools f all things, we cannot let the perfect be to offer coverage at more attractive the enemy of the good. There is too SPECIAL ORDERS rates.’’ much at stake—the lives of those who These are the advantages of the Re- The SPEAKER pro tempore (Mr. die because they can’t see a doctor, the publican plan. And to boot, ours cuts MCMAHON). Under the Speaker’s an- peace of mind of millions of Americans the deficit. nounced policy of January 6, 2009, and who know that bankruptcy is one ill- f under a previous order of the House, ness away, the moral standing of this the following Members will be recog- great Nation that has fallen too short HEALTH CARE nized for 5 minutes each. for too long in keeping its people (Mr. GARRETT of New Jersey asked f healthy. and was given permission to address Mr. Speaker, now is the time. Mr. the House for 1 minute.) NOW IS THE TIME FOR HEALTH CARE REFORM Speaker, ‘‘yes’’ is the answer. I join my Mr. GARRETT of New Jersey. Mr. colleagues in urging that tomorrow we Speaker, the truth has now come out, The SPEAKER pro tempore. Under a make history. and the fact is that you can go to jail previous order of the House, the gen- f if you do not buy into the Speaker tleman from Connecticut (Mr. HIMES) Pelosi health care bill. is recognized for 5 minutes. b 1930 One of the most onerous provisions of Mr. HIMES. Mr. Speaker, after years ‘‘NO’’ TO GOVERNMENT-RUN the Pelosi health care bill is the so- of aspiration and planning, after too HEALTH CARE called ‘‘individual mandate.’’ This is a many families bankrupted and too provision that will force every single many lives lost, this House stands The SPEAKER pro tempore. Under a American to buy into their health care ready to do something both great and previous order of the House, the gen- plans whether they want to or not. necessary. We will soon join every tleman from Texas (Mr. POE) is recog- Back when Bill Clinton was Presi- other civilized nation on this planet in nized for 5 minutes. dent back in 1994, the CBO said, ‘‘A offering each and every citizen decent, Mr. POE of Texas. Mr. Speaker, mandate requiring all individuals to affordable health care. many years ago during the mid- purchase insurance like this would be For me, a new Member of this body, eighties, I had the opportunity to trav- an unprecedented form of Federal ac- it has been an incredible exercise in de- el to what is now the former Soviet tion.’’ mocracy. I participated in more than 60 Union when it was the Soviet Union. I And how does the government force town hall meetings, visits with doc- had that experience based upon the this mandate? If you don’t buy their tors, nurses, patients, and listened to fact that I was a judge in Texas and got insurance plan, they will fine you 2.5 advocates with every conceivable point to go see what it was like to live under percent of your entire income. And of view. Almost everyone agrees that that type of regime. what happens, you may ask, if you we must do something and do some- Of course, in those days, everything don’t pay that fine to them? Now we thing bold. was controlled. Everything was con- know the answer: You could be sent to Too many Americans know the fear trolled by the government. The lives of jail, literally. Section 201 of the code that losing a job means losing access to the people were totally controlled by says that. That’s right. The Joint Com- doctors and to lifesaving drugs. Too the government because the govern- mittee of Taxation has declared that many Americans have watched as ill- ment, as they say, knew better. It you will be eligible to be fined up to ness or injury has driven their family made all decisions for the people. It $250,000 and/or imprisonment of up to 5 into bankruptcy. Too many small busi- made the decision what town they years if you do not comply with this nesses, nonprofits, and small town lived in, what apartment they lived in, new plan. mayors have seen their budgets what job they had, where they worked, Mr. Speaker, this is a bad bill. It will wrecked by exploding costs of health and gave them permission or not to hurt consumers. It will hurt families. care insurance. even travel from town to town. And, of It will hurt everyone else. And it may Mr. Speaker, several weeks ago in course, government made also the deci- send Americans to jail. the city of Bridgeport, I met Marta, sion and the control over their health f who lost her job of 23 years and is cur- care. rently relying on her COBRA coverage I noticed as I went from clinic to HEALTH CARE to pay for the management of her dia- clinic that the lines would be down the (Mr. MARIO DIAZ-BALART of Flor- betes. She is terrified. Her COBRA will street. Four in the afternoon, they shut ida asked and was given permission to end soon, and she has been refused pri- the door. The people disappeared. The address the House for 1 minute.) vate coverage time and time again. next day they would come back and Mr. MARIO DIAZ-BALART of Flor- I’ve also gotten to know a young man stand in line again, hoping to get some ida. Mr. Speaker, unemployment has named Eugene who makes his living of that government-controlled, ra- reached 10.2 percent in our great coun- laying bricks. He can only work during tioned health care. try, and what is the response of this the warm weather construction months I also noticed something more impor- Congress and this administration? when he has good coverage through his tant than all of that, that the spirit of Well, a bill that includes $730 billion union, but in the wintertime when he those Russian people was broken. They in tax increases on small businesses can’t work, he joins Marta in the ranks had given up. They had given up on and on the middle class that will cause of the fearful. He prays that nothing themselves and on their government. millions more of Americans to lose happens. He asked me, ‘‘Even the Eventually, of course, they were de- their jobs. And adding insult to injury, phone company has rollover minutes. feated, as we say, when the wall came Mr. Speaker, the Pelosi bill would ac- Why not our insurance plans?’’ down. But they were not really de- tually raise the cost of insurance pre- When this House passes the Afford- feated by the United States, by the miums on American families. able Health Care for America Act, no West. They were defeated by their own Mr. Speaker, the American people American will ever be denied coverage government because of their oppression are not stupid. They know what’s in because they have a preexisting condi- and subjugation to the government and this bill. They know what effects this tion. When this bill passes, we will government control of their lives. Yes, bill will have on themselves, on their begin to close the Medicare doughnut in those days, the evil empire, as we

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12555 called it, was the ultimate example of compassion of the IRS, and we should plans with health credits. It is a good total government control. start over and fix the problems that we start. It is not perfect. It can be im- Now, of course, we are not the Soviet have rather than expecting government proved as we go through the process. Union. I am not saying we are. But to take care of us all. But it is a good start at reining in the today we are engaged in the great de- And that’s just the way it is. costs of an out-of-control health care bate of at least this century of health f system. care. But it is a bigger issue than The SPEAKER pro tempore. Under a Now the Republicans’ alternative, as health care. The issue is about govern- previous order of the House, the gen- ment control of our lives. Regardless of I said, they continue the anti-trust ex- tleman from New York (Mr. TOWNS) is how you put the bill that is now over emption and the price fixing by the in- recognized for 5 minutes. 2,000 pages, it changes the philosophy surance industry. They allow them to (Mr. TOWNS addressed the House. that the government now will control continue to deny you coverage because His remarks will appear hereafter in health care in this country, rather you were once sick. They allow the in- the Extensions of Remarks.) than us as citizens. surance industry to do rescissions and You know, the idea that government f cancel your policy when you got sick, even though you have been paying your is going to save us all. We are going FIXING HEALTH CARE IN AMERICA down that road of government, more premiums. And, of course, individual government, more government, more The SPEAKER pro tempore. Under a coverage will not be limited, so they government, and more government. previous order of the House, the gen- will still have bankruptcies and people You know, government is already the tleman from Oregon (Mr. DEFAZIO) is losing their houses. recognized for 5 minutes. biggest employer in this country. It is But wait. It gets better. They have Mr. DEFAZIO. Mr. Speaker, the the biggest consumer in this country. something called the new national Democratic health care bill fixes a It is the biggest landowner in this plan. That is the key to what they are country. It is the biggest spender in number of long-standing problems with health insurance and health care in doing here. You can buy a national pol- this country. It has most of the money. icy, and it will be cheaper. And, oh, And when it runs out of money, it America. The health insurance industry is exempt from antitrust law in the wait a minute. Here is the small print, takes money from the people when page 122 of the Republican bill: Your they are alive and even when they are United States. That means they can and they do get together and collude. national policy will only be subject to dead because of the death tax. the rules in the State in which it is Just a few months ago, the govern- They collude to drive up your premiums, they collude to curtail your written. Not where you live. If you ment took control over the financial have a problem, you will have to file industry, the mortgage industry, the coverage, they divide up the world and with the insurance commissioner in banking industry, and the automobile determine where each of them might or the State where it is written. That is industry, just to name a few. But I might not sell policies so there isn’t probably not too good because we have don’t believe the people in this country competition in any way. That is all some States that basically don’t regu- are broken, and they are not defeated. legal. They are exempt. late the industry at all. They showed it when they came to The Democratic bill with my amend- Washington, D.C., this week. They are ment repeals that privilege for this in- But it gets better. The Republicans concerned about government. It is a dustry. They will have to play under are so creative. They have created a bigger issue than health care. They are the same rules as every other business 51st State called the Northern Mariana concerned about government running in America. That will lower premiums Islands because of the convicted Repub- roughshod over their lives. They exer- between 10 and 25 percent, according to lican lobbyist Jack Abramoff and the cised, even with all of the critics and the Consumer Union. That is one step. scandals around him, the sweat shops, cynics, they exercised their right to That is in the Democratic bill. The Re- the sex scandals, all that stuff. That is peacefully assemble and petition gov- publicans wouldn’t touch that with a where your new national plan will be ernment for redress of grievances. It is hundred-foot pole. The insurance in- based, is the Northern Mariana Islands. dustry is so generous at campaign in the First Amendment. It is first be- So if you buy a policy in my home time, they want to actually give new cause the First Amendment is the most State of Oregon and you want to file a loopholes to the industry, which I will important. complaint, you will be calling the in- get to in a moment. But people are fearful of government, surance commissioner in the Northern The Democratic bill outlaws denying of government control over their lives. Mariana Islands. And perhaps, when he This health care bill is just one exam- you coverage because you were once sick, preexisting condition. The Demo- gets out of jail, that might even be ple of us moving down that road of gov- Jack Abramoff. What a great deal. It ernment is going to take care of us all; cratic plan denies canceling your pol- would be a joke if they weren’t serious it is going to save us all. icy when you have been paying your about it. This is something that the in- Mr. Speaker, this country has never premiums for years because you got dustry wanted. They wanted a new been great and will never be great be- sick. That is called rescission by the loophole to better abuse consumers, cause we have government programs. industry. No more. No lifetime caps Government programs have not made which are hidden in the small print. and the Republicans want to deliver it this country what it is today. Individ- People find out about them when they to them. They can’t be serious. uals have made it. But, also, the indi- get a serious illness. Outlawed by the So I would say to my colleagues, you viduals that had the right and have the Democratic bill. can throw in with the insurance indus- right of liberty, to make decisions on And, also, the Democratic bill will try which they seem to think is totally their own rather than government tak- put annual caps on people’s spending. benign and always there for the Amer- ing care of them all. We are great be- No one will ever again lose their house ican people. Or you can throw in on the cause of the people here and who have in America because they lost their job side of consumer protection, lower not been defeated by the government of and their health insurance and they costs, and health care for all Ameri- the United States. got sick. Yes, the hospital still has to cans. That’s the choice tomorrow. So I hope we in this House would take them, but they will take your turn against the temptation of turning house. That won’t happen if the Demo- f everything over to government. This is cratic bill is adopted. The Republicans one place where we can put the brakes will deal with none of those abuses, in The SPEAKER pro tempore. Under a on and say no to government running their obeisance to the Republicans, previous order of the House, the gen- the health of this Nation. Because gov- their patrons in the insurance indus- tleman from North Carolina (Mr. ernment doesn’t do it better. You try. JONES) is recognized for 5 minutes. know, this government-run health care We are going to begin to fill in the (Mr. JONES addressed the House. His plan has the confidence of FEMA, the doughnut hole which they created. We remarks will appear hereafter in the efficiency of the Post Office, and the are going to help small businesses buy Extensions of Remarks.)

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12556 CONGRESSIONAL RECORD — HOUSE November 6, 2009 HEALTH CARE have the ability to obtain additional lican plan to improve our nation’s health care The SPEAKER pro tempore. Under a health care in the health insurance ex- and lower premiums, thereby increasing ac- previous order of the House, the gen- change created by H.R. 3962, my cess to quality healthcare. tleman from Indiana (Mr. BUYER) is amendment was altered; and, under According to the non-partisan Congressional recognized for 5 minutes. H.R. 3962, veterans’ and servicemem- Budget Office (CBO), the Republican health Mr. BUYER. Mr. Speaker, the Presi- bers’ choice of health insurance will be care reform legislation would reduce health in- dent and the Democrat leaders here in left to the administration to deter- surance premiums by up to 10 percent for em- Congress are not listening to the Amer- mine. ployees working in small businesses, up to 8 ican people. Today, our Nation’s unem- Again today I tried to fix this with percent for individuals who do not have ac- ployment rate is 10.2 percent, the high- an amendment, but it was denied in the cess to employer-provided health insurance est level in 26 years. This is an as- Rules Committee. A number of vet- and up to 3 percent for employees who get tounding level of unemployment. It erans and military groups, including coverage through large businesses. tells only part of the story of the the VFW, share these concerns and All told, under the Republican plan, health struggles Americans are experiencing support the amendment that I sub- insurance premiums would cost Americans and Washington is ignoring. mitted to the Rules Committee today. nearly $5,000 less than the least costly option A deeper look at the unemployment I will include for the RECORD the let- under Speaker PELOSI’s plan. All of this with- numbers reveals the true costs of the ters from the AMVETS, Blinded Vet- out a government takeover of our health care Obama-Pelosi economic policies. The erans Association and the Retired En- system and 1⁄6 of our nation’s economy. actual unemployment rate in America listed Association. is 17.5 percent. When the currently un- The Democrats’ plan is not about insuring employed, those who are unable to find b 1945 the uninsured or bringing down health care work and those who have given up Our veterans and military organiza- costs. In fact, under Democrat proposals in looking for jobs are included, it is 17.5 tions in support of the Buyer-McKeon Congress, up to 114 million Americans could percent unemployment. amendments are the VFW, the Air lose the private health insurance that they We must focus on the economy first. Force Sergeants Association, MOAA, enjoy today, and CBO found that the House We should start by cutting government the Association of the United States Democrats’ bill will make health insurance spending to shore up the U.S. dollar. Army, National Military Family Asso- more expensive than it is now, raising insur- We should encourage job creation in ciation, and the Enlisted Army Na- ance premiums about 30 percent more than the private sector and increase private tional Guard, U.S. currently projected by the year 2016. investment. We must rely on the prov- Also, there are Members who are co- We must focus on the uninsured and the en methods to get our economy back sponsoring these amendments: JERRY uninsurable. The Republican health care plan on track such as an immediate tax re- MORAN of Kansas, HENRY BROWN of does just that by creating new health insur- lief, decreasing the capital gains tax South Carolina, JEFF MILLER of Flor- ance options for small businesses—the eco- rates, and reducing the tax burdens on ida, BRIAN BILBRAY of California, DOUG nomic engines of our economy—enacting real small business. LAMBORN of Colorado, GUS BILIRAKIS of medical liability reform so that physicians can We are living in an economy in de- Florida, Dr. PHIL ROE of Tennessee, continue to focus on their patients and not spair as we face a two-front war. The VERN BUCHANAN of Florida, and ROD- junk lawsuits, guaranteeing affordable health President needs to address the econ- NEY ALEXANDER of Louisiana. insurance for individuals with preexisting con- omy first; and, as Commander in Chief, Our veterans have earned the VA ditions, protection seniors’ Medicare benefits, he needs to make a decision on Afghan- health care as well as the liberty to and lowering health care premiums for all istan. choose whatever other coverage they Americans. Mr. President, you cannot vote prefer. I find it outrageous that the Our nation’s health care system can be im- ‘‘present’’ on Afghanistan. You need to government would attempt to dictate proved without increasing taxes and jeopard- make a decision. where and how these veterans and serv- izing the jobs we still have in America. The Instead, he and the Democrat leader- icemembers would obtain health care. President and Democrat leadership in Con- ship are jamming legislation through Additionally, under H.R. 3962, the au- gress must reorganize their priorities. They Congress with massive spending in- thorities of the VA and DOD Secre- must stop focusing on job-killing policies. It is creases, bailouts, greater government taries are jeopardized, and the health time to start listening to Americans and fix our control of businesses, and job-destroy- care systems that they oversee could economy first. ing taxes and regulations, all while be affected by the new health care czar AMVETS, leaving our troops in limbo in Afghani- created in all but one section of this Lanham, MD, November 6, 2009. stan. bill. Again, the Democrat leadership Congressman STEVE BUYER, Washington has it all wrong. Unfor- Rayburn House Office Building, tunately, the President, Speaker has not addressed this issue that I sought to address, and these amend- Washington, DC. PELOSI, and Senate Leader REID are ments have been denied today. CONGRESSMAN BUYER: On behalf of proceeding with a 2,032-page bill that AMVETS, one of the nation’s largest and promotes the government takeover of As the Blinded Veterans Association most inclusive veterans’ service organiza- health care; and most Republicans stated in their letter to me: ‘‘It is crit- tions, I want to express our support for your have been shut out of the process. ical to ensure that the authority of the amendments to H.R. 3962, the Affordable With little room for engagement, Secretary of the VA and the Secretary Health Care for America Act. though, I have been successful to help of DOD could never be challenged or Since health care reform legislation was improve a bill that I do not like. I have obstructed by any provision in the bill first introduced, AMVETS has vocally called done this for a reason. It is because of or by a Secretary or a commissioner on leaders in Congress to ensure that any reform legislation would not have a negative our veterans. I have been able to pro- from another sector of government.’’ Finally, it is important to note that impact on health care options for members vide important protections for our vet- of our military, veterans, or their loved ones. erans and servicemembers who would under H.R. 3962, veterans and service- AMVETS believes that your amendments have been significantly impacted by members enrolled in VA health care help to ensure that those who have served this health bill had the Democrats had and TRICARE will not be eligible for our nation are cared for appropriately. their way at the beginning. I have been the affordable tax credits . . . available When the most recent version of health able to ensure that the veterans en- to other Americans living under 400% of the care reform was released, AMVETS raised rolled in VA health care cannot be hit federal poverty level. I submitted an amend- concerns on the clarity of the language and with a 2.5 percent tax. Also, I sought to ment, which would have allowed individuals whether or not veterans and their loved ones ensure that the VA is reimbursed by enrolled in VA health care and TRICARE to would still have access to the health care ex- receive these tax credits, and this amendment change, should VA and military health care the government-run health plan for prove insufficient for their needs. nonservice-connected care it provides was denied consideration by the Democrats. AMVETS believes that the three amend- to the veterans. I appreciate them in- I oppose H.R. 3962. This legislation restricts ments you have offered today help to clarify cluding these amendments. veterans’ health care options and imposes a language in the bill that members of the After succeeding with an amendment sweeping government takeover of our nation’s military and veterans will still have access to ensure veterans and servicemembers health care system, and I support the Repub- to the exchange without penalty.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12557 AMVETS fully supports your amendments preserve this invaluable system for our na- which they have earned and have just as to ensure that our nation’s heroes have action’s 24 million veterans. BVA once again much right to as every other veteran or cess to the quality health care they have supports Ranking Member Buyer amend- TRICARE beneficiary. earned. ments to ensure that veterans are protected. Finally, we recommend that the language Sincerely, Enrollment in VA health care, especially in you propose to insert at the end of section RAYMOND C. KELLEY, the case of service-connected disabled vet- 202 be changed from ‘‘EXCEPTION FOR National Legislative Director. erans, should never become a bar or obstacle VETERANS AND MEMBERS OF THE to the receipt of benefits that non-veteran ARMED FORCES’’ to ‘‘EXCEPTION FOR BLINDED VETERANS ASSOCIATION, citizens receive in this or any other health VETERANS AND MEMBERS OF THE UNI- Washington, DC, November 6, 2009. care reform bill. Any national health reform FORMED SERVICES’’ NOAA and USPHS Hon. STEVE BUYER, legislation must make certain that all vet- members are not considered to be members Ranking Member, Committee on Veterans Af- erans, including all of those enrolled in VA of the Armed Forces but are TRICARE bene- fairs, Cannon House Building, Washington, health care, remain eligible to enroll in any ficiaries. DC. Exchange-participating health benefits plan Sincerely, DEAR RANKING MEMBER BUYER: On behalf offered under H.R. 3200 through the Health LARRY MADISON, of the Blinded Veterans Association (BVA), Insurance Exchange, or in any other public Legislative Director. the only congressionally chartered veterans’ or cooperative health insurance program. service organization exclusively dedicated to The VHA provides a uniform medical bene- f serving the needs of our nation’s blinded vet- fits package to all enrolled veterans, regard- The SPEAKER pro tempore. Under a erans and their families for sixty-four years, less of their enrollment priority group, that previous order of the House, the gentle- BVA is writing to express strong concerns emphasizes preventive and primary care, and woman from California (Ms. WOOLSEY) about H.R. 3962, America’s Affordable Health offers a full range of outpatient and inpa- is recognized for 5 minutes. Choices Act of 2009. As currently drafted, tient services and prescription medications. (Ms. WOOLSEY addressed the House. without your amendments BVA would con- Accordingly, enrollment in the VHA health sider this legislation inadequate because it care program must be considered acceptable Her remarks will appear hereafter in could limit the health care choices for vet- coverage in the same manner as members of the Extensions of Remarks.) erans, and threaten veterans who currently the uniformed services and their dependents, f utilize the high quality of VA health care of- including Civilian Health and Medical Pro- fered to veterans through the VA health care gram of the VA (CHAMPVA) coverage fur- HEALTH CARE system by forcing them into private insur- nished under section 1781 of title 38 United The SPEAKER pro tempore. Under a ance plans. Earlier this year, BVA along States Code, so that they will not be subject with five other congressionally chartered previous order of the House, the gentle- to any tax or penalty for lack of health care woman from the Virgin Islands (Mrs. veterans service organizations wrote to sup- coverage. port your amendments and serious concerns Finally, BVA would stress again, that it is CHRISTENSEN) is recognized for 5 min- about provisions contained in the previous imperative that any other health care re- utes. House health care reform bill, H.R. 3200 that form legislation considered in Congress, Mrs. CHRISTENSEN. Mr. Speaker, could have had negative effects on veterans, must make clear that the health care system this House and our Nation are poised their families, and the Department of Vet- of the Department of Veterans Affairs shall for a historic vote tomorrow. That vote erans Affairs health care system. BVA and be run by the Secretary of Veterans Affairs other VSO’s had been assured that key will determine whether tens of millions to meet the health care needs of veterans, amendments by you including protection of of people who are uninsured and under- dependents and survivors, and that this au- veterans enrolled in VA would be retained as insured will finally have access to thority shall not be infringed by any na- the bill moved forward and this is not the tional health care organizations or any other health care. But beyond that, it will case today. departments, agencies or independent orga- begin to transform the current sick The Veterans Health Administration care system which is draining this (VHA) provides medical care services to its 8 nizations of the federal government. Ranking Member Buyer on behalf of the million enrolled veterans at more than 1,400 country, not just of its finances, but of medical centers, outpatient clinics and other Blinded Veterans Association membership some of its brightest and best who, be- points of service. With over 270,000 employ- we represent, and for the benefit of the mil- cause they are not able to access the ees, the VHA runs the largest integrated lions of veterans living today and future vet- fantastic health care this country has erans, we support the amendments you are health care system in the United States, and to offer, are not as productive as they over the past decade the quality of care pro- offering today with your colleagues to clarify the current language in H.R. 3962 to pro- would or should be. vided has risen to amongst the finest health It will enable many, those in our care systems in the nation. Under H.R. 3962, tect the health care system of our veterans. VA health care and TRICARE would be Unless the changes and clarifications dis- rural areas and our territories, those in deemed ‘‘qualified’’ coverage but we point to cussed above are made in the legislation, we blighted urban areas and racial and this section as now written as it is ambig- will oppose movement of H.R. 3962 or any ethnic minorities who have been left uous and could be interpreted to disqualify other legislation that could negatively im- out of the health care mainstream to individuals enrolled in VA health care or pact the current health care system for our finally have access to wellness and TRICARE from participating in the ex- nation’s veterans. Sincerely, more productive and fulfilling lives. change. This amendment was accepted at the Our vote tomorrow will also deter- Energy and Commerce Committee, but it THOMAS ZAMPIERI, failed to be included H.R. 3962. Director, Government Relations. mine how successfully we will compete It is critical that congress ensure in the in the global community where every- current health care reform effort to ensure THE RETIRED ENLISTED ASSOCIATION, one is in a race to the top, whether or that the authority of the Secretary of VA Alexandria, VA, November 6, 2009. not we will, through reducing the high- and Secretary of DOD could never be chal- Hon. STEVE BUYER, est health care in the worlds, set our Ranking Member, Committee on Veterans Af- lenged or obstructed by any provision in the country on a more sustainable eco- bill or by a secretary or commissioner from fairs, House of Representatives, Wash- another sector of government. As currently ington, DC. nomic footing, and whether we can re- written, H.R. 3962, would provide for the Sec- DEAR CONGRESSMAN BUYER: The Retired gain our leadership in this world by retary of Defense and the Secretary of VA to Enlisted Association (TREA) shares the con- raising our health indicators, like in- retain sole authority over their respective cern that H.R. 3962 does not ensure that vet- fant and maternal mortality, to levels health care systems only as it pertains to erans and TRICARE beneficiaries would have that match or better the other indus- Subtitle A, the Health Insurance Exchange. access to the Health Care Exchange, and trialized nations we now lag behind. The original Buyer Amendment adopted in that the same beneficiaries would be ex- To me, a vote against this bill is a cluded from eligibility for ‘‘affordability Energy and Commerce Committee did this vote against what is best for our coun- but the current legislation leaves this open credits’’. Thus, we do support amendments and vague. Second key issue we support to the bill that would address these con- try. being amended is in section 342 of the bill to cerns. No one ever thought we would have allow individuals enrolled in VA health care While it is no doubt true that most vet- had a perfect bill, but what we have in and TRICARE to be eligible for affordable erans and TRICARE beneficiaries would not H.R. 3962, the Affordable Health Care tax credits. Currently, H.R. 3962 defines an have a problem if the legislation were en- for America Act, is as near a perfect ‘‘affordable credit eligible individual’’ as one acted as it currently stands, those who live bill as anyone could have conceived in remote areas could find themselves in dire who is not enrolled in acceptable coverage— when we started out this process. I ap- which would exclude individuals enrolled in straits with regard to their health care with- VA health care or TRICARE. out the changes you seek. These are pre- plaud the outstanding leadership of our Unfortunately, as currently drafted, H.R. cisely the people who frequently have dif- Speaker, our leader, our whip, our cau- 3962 fails to adequately recognize, protect or ficulty in accessing the health care benefits cus Chair and vice Chair, the chairmen

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12558 CONGRESSIONAL RECORD — HOUSE November 6, 2009 of the respective committees, and more important reason to vote ‘‘yes’’ great harm to Kansans, and I strongly Chairman Emeritus JOHN DINGELL for for the Affordable Health Care for oppose it. the bill which will be before us tomor- America Act than that. Everyone The Pelosi bill is essentially the row. should want to be on the right side of same version that the Speaker started H.R. 3962 covers at least 36 million of the historic vote that awaits us tomor- out with months ago, except it’s 1,000 the now uninsured, expands and im- row. We need health care reform now. pages longer. Instead of working to repair our current system, which a ma- proves Medicaid, strengthens Medicare, f begins to close the doughnut hole, and jority of Americans favor, the Pelosi The SPEAKER pro tempore. Under a makes it, as well as other insurance, bill will turn much of our system on its previous order of the House, the gentle- more affordable. It will provide a ro- head by creating a new government- woman from North Carolina (Ms. FOXX) bust benefits package, new prevention sponsored health care program fi- is recognized for 5 minutes. and wellness programs, with no copay- nanced by deficit spending and taxes. (Ms. FOXX addressed the House. Her ments for preventive care. It ends in- This bill levies taxes on businesses, remarks will appear hereafter in the surance abuses that have led many cuts Medicare benefits to seniors, Extensions of Remarks.) families to bankruptcy or near bank- eliminates jobs with employer man- ruptcy—no exclusions for preexisting f dates, and enables bureaucrats to define what form of health coverage is ac- diseases, no dropping your coverage or HEALTH CARE putting limits on how much insurance ceptable for Americans. will pay for you when you get sick. The SPEAKER pro tempore. Under a The bill would create 118 new boards, It expands the health care workforce previous order of the House, the gen- bureaucracies, commissions and pro- and especially supports the training of tleman from Kansas (Mr. MORAN) is grams to carry out its so-called ‘‘re- primary care physicians, nurses and recognized for 5 minutes. forms.’’ I am especially troubled how physician assistants, as well as that of Mr. MORAN of Kansas. This week, I $500 billion in Medicare cuts and pro- now underrepresented minorities. It had the honor of meeting 30 Kansas posed reimbursement rate changes con- provides community health centers and World War II veterans at the national tained in this bill will affect Kansans community health workers as well as World War II Memorial. These vet- with our high population of seniors. programs that help communities to erans, who are in their 80s and 90s, were Only in Washington does cutting bil- better prepare to take advantage of the part of Honor Flight, an organization lions of dollars from a near bankrupt new health care system. And it will that brings veterans to Washington, Medicare program seem like a good strengthen our public health infra- D.C. to see the memorial dedicated in idea. These cuts will reduce benefits structure and workforce. The bill is their honor. and raise premiums for Kansas seniors fully paid for, and will reduce the def- Welcoming these Honor Flight vet- and make it harder for us to find a doc- icit over the 10 years. erans is an incredible privilege and one tor or nurse when we need one. What is not to vote for? I know that of the most rewarding experiences of We strengthen our health care sys- some of the hesitation is over abortion my time in Congress. As I visited with tem by reducing cost. The Speaker’s issues. I don’t understand it because these veterans about the sacrifices bill does nothing to reduce cost. In H.R. 3962 keeps the Hyde amendment in they made, the friends they lost, and fact, Medicare and Medicaid’s own ac- tact. It prohibits Federal funds from the love they have for their country, I tuaries have warned that the plan will being spent on abortion. It excludes was reminded about how serious my re- dramatically increase Federal health abortion from the basic benefits pack- sponsibility is as a Member of the care spending. age. It prohibits discrimination against United States House of Representatives The veterans I met at the World War providers who do not perform abortions to do right. It also caused me to reflect II Memorial fought for a country they by insurance plans. It does not require on the importance of this weekend’s love and that country’s promise of lib- any insurance plan in the exchange to vote on health care reform. erty and opportunity. After the war, cover abortion, and it provides that the As Chair of the House Rural Health these men and women returned to their exchange would have an insurance op- Care Coalition, I know how important homes and ventured off in different dition that does not cover abortion. health care is to the survival of Kan- rections, some rejoined families and I, like every Member of this body, I sans and their home towns. The vote jobs, some got married, some went to am sure, am deeply committed to life— we will take this weekend will affect college, and some started a business. to protecting lives, to saving lives, and all Kansans at every age, those proud But one thing they all shared was the to improving the quality of lives. With- aging veterans, the senior couple desire to continue fighting to make a out passage of this bill, many will suf- counting out their medications each better life for their children, a life bet- fer the unnecessary loss of life that morning, the young family just start- ter than the one they had for them- happens every day in this country of ing out, the children playing hide and selves. This is the desire that my mom plenty to those who are uninsured and seek in the yard, and the small busi- and dad—my dad who turns 94 tomor- in people of color, whether they’re in- ness owner looking over the budget re- row—had for my sister and me, and the sured or not. port. one that my wife, Robba, and I have for In this 21st century, every year 88,000 The decision we make this weekend our daughters. This is what we do in African Americans alone, not counting matters; it matters from coast to coast America: we leave the next generation American Indians, Latinos, Asians, or and across the sweeping plains of Kan- better off. Pacific Islanders, 88,000 African Ameri- sas. Our State has unique health care I have concluded this bill will not cans die who would not have if they needs, different from much of the coun- make health care more affordable or were insured and if they had equal ac- try. We have an aging population that more accessible to Kansans. I have also cess to the services that this bill would has spread widely across a large area. I concluded that, coupled with all the now provide them, some of them for consider these unique needs in each other bad ideas of this Congress—stim- the very first time. policy decision that I make. ulus packages, bailouts, Cash for Have those who oppose this bill be- Changes are truly needed in our cur- Clunkers, cap-and-trade—we will be cause of concerns of abortion consid- rent health care system, and I have leaving our children with more debt, ered that this bill would even reduce written about my ideas for reform and less freedom, diminished personal re- the need for abortion? Something ev- have shared them with folks back sponsibility, and fewer economic op- eryone, no matter what side of the de- home and anyone up here who will lis- portunities. Worse, we will have failed bate you are on, would want. It would ten. After studying H.R. 3962, Speaker to honor the dreams of those Kansas do so by ensuring that everyone would PELOSI’s health care reform bill, listen- soldiers for a better life for another have access to comprehensive health ing to the concerns of Kansans and vis- generation of Americans. care and the kind of family-life coun- iting with Kansas hospitals to speak f seling that is a part of it. with doctors and nurses, patients and The SPEAKER pro tempore. Under a Tomorrow, we have the opportunity administrators, I have concluded that previous order of the House, the gen- to save millions of lives. There is no the Speaker’s 2,000-page bill will do tleman from Washington (Mr.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12559 MCDERMOTT) is recognized for 5 min- b 2000 tleman from Tennessee (Mr. ROE) is utes. I have heard some of my friends say, recognized for 5 minutes. (Mr. MCDERMOTT addressed the ‘‘Kill the bill.’’ Well, we’re killing Mr. ROE of Tennessee. Mr. Speaker, I House. His remarks will appear here- Americans, and I believe most of us came to Congress to help enact health after in the Extensions of Remarks.) would rather not engage in those kinds care reform. As a physician, I’ve seen f of theatrics. firsthand the problems insurance companies have created for patients. I’ve HEALTH CARE I believe that small business owners, of whom we are very concerned, will seen firsthand how government pro- The SPEAKER pro tempore. Under a have the ability to secure insurance for grams have made beneficiaries worse previous order of the House, the gentle- their employees. All the time when I consumers of health care. I’ve seen how woman from Texas (Ms. JACKSON-LEE) listen to them, they are committed and the cost of health care has exploded so is recognized for 5 minutes. dedicated to their employees. They are much so that many can’t afford insurance. I’ve seen all of these problems, Ms. JACKSON-LEE of Texas. Mr. the backbone of America. This bill ex- and I want to help fix them. Speaker, this has been an engaging de- empts 86 percent of small businesses bate and discussion by my colleagues, When I first heard that the Demo- from the requirement to offer or to crats were proposing to insert a gov- and it is a momentous time in our his- contribute to coverage by increasing tory. ernment competitor into the insurance the thresholds for exemption from a marketplace, I thought, surely, they Earlier this evening, I reminded my $250,000 payroll to a $500,000. It de- colleagues of the imagined debate for can’t be serious. When I realized they creases obligations for employers of were, I thought I could change their those of us who were not here when payrolls between $500,000 and $750,000. Medicare was introduced to the Amer- opinions by telling them about the It allows those employees to go into real-life failures I’ve seen under our ican people. Medicare can document the exchange. the number of lives that were saved. State’s program, known as TennCare, Small employers and the exchange: It and how H.R. 3200—now H.R. 3962—is And we are privileged to have in the increases the size of small employers House Chairman JOHN DINGELL, who simply a bad extension of these mis- automatically allowed to purchase cov- takes. was here during that debate and who erage through the exchange, which will has crafted this legislation based upon For months, I’ve gone to the House include the public option, of up to at floor with many of my physician col- decades of attempting to achieve uni- least 100 employees within the first 3 versal access to health care for all leagues to talk about the problems years. It permits an additional expan- with this plan. The TennCare plan Americans. sion to even larger employers in future My friends are talking about how we tried to provide universal coverage and years. A small business tax credit to make health insurance affordable. In rushed this legislation through. They modifies the policy to limit the tax obviously have not kept up with his- the end, it nearly bankrupted the State credit to a 2-year period per firm to as the program’s cost tripled. It cre- tory’s stories. For America has been help firms transition to providing working on providing access to health ated an incentive for beneficiaries to health care benefits to their employ- seek unnecessary care because it cost care for all Americans since the 1930s, ees. the 1940s, the 1950s, the 1960s, 1970s, them nothing. It shifted costs to the Health insurance co-ops provide private plans, which were forced to 1980s and the 1990s. startup loans to establish not-for-prof- We must come to grips with the col- make up these underpayments of the it, or cooperative, health plans that government program by increasing ev- lapsed system that allows 18,000 people compete with private insurers and the to die because of lack of insurance, eryone’s premiums. In the end, 45 per- public insurance option all in the vein cent of those on the public plan pre- that has a number of States with high of bringing down costs. viously had private insurance, and they uninsured rates, meaning that their It provides veterans and members of either dropped their coverage or were population is uninsured. the Armed Forces the assurance that dropped by their employers. It seems like an oxymoron to suggest members of the Armed Forces, vet- Our Democratic Governor, Phil that a city that can be called the en- erans, and their families have access to Bredesen, saved our State’s budget by ergy capital of the world, with all of the exchange, to obtain health insur- doing something very hard. He cut the the attributes and wonderful neighbor- ance if they choose and that they ful- rolls. He controlled costs. He intro- hoods that Houston has, the spirit of fill their responsibilities to have quali- duced an alternative plan called Cover the people, NASA, so many things to fied health insurance if they are en- Tennessee, which requires an equal call America, and yet our numbers are rolled in a VA health care or contribution from employers, individ- very high for those who are uninsured, TRICARE. uals, and the government. It is a model hardworking Houstonians who desire Remember, this legislation will allow for shared responsibility. Incidentally, to have access to health care. Americans to keep their insurance. I Governor Bredesen has called this bill This is not an indictment of the fa- am proud of that. As well, there is a de- on the floor the mother of all unfunded cilities in our community that work finitive decline in the percentage that mandates. very hard to make this happen. The Americans will have to pay of their in- Democrats continued to ignore this Harris County Hospital District, for ex- come for health insurance coverage. evidence. I have asked President ample, the Texas Medical Center, the That is not the case now, and that is Obama three separate times since July number of hospitals outside of that why you find so many Americans with- to sit down and talk about a health area, including St. Joseph’s Hospital, out health insurance. care bill and to talk about what I know the physicians and nurses and clinics Mr. Speaker, I would only say it is the effects to be, yet I’ve received no that work in the area all work hard to time now to move on health care recall from the White House. It’s one provide access to health care. form. thing to disagree with evidence that But, Mr. Speaker, it’s not enough. f undermines the premise of the reform And our friends on the other side will The SPEAKER pro tempore. Under a you’re pushing, but to not even con- introduce legislation tomorrow that previous order of the House, the gen- sider it is unbelievable. they call ‘‘cost saving,’’ that will mere- tleman from North Carolina (Mr. So here we are today with a health ly insure 3 million people. Well, I won- MCHENRY) is recognized for 5 minutes. care bill that’s over 2,000 pages. It’s der what decision would have been (Mr. MCHENRY addressed the House. loaded up like a Christmas tree with made about Medicare if we had thought His remarks will appear hereafter in special interest provisions. Sanitation about penny-pinching, not cost con- the Extensions of Remarks.) facilities for Indian tribes, biofuel tax tainment, not being efficient, penny- f credits, nutrition standards for chain pinching. And that is what’s going on restaurants, and references to pizza on the other side. There is no vision THE MOTHER OF ALL UNFUNDED and doughnuts all made it into this about what will happen if we wait one MANDATES bill, but somehow Democrats could not more decade without debating health The SPEAKER pro tempore. Under a come up with a real solution for med- insurance. previous order of the House, the gen- ical malpractice reform except to try

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12560 CONGRESSIONAL RECORD — HOUSE November 6, 2009 to protect the trial lawyers’ share of The SPEAKER pro tempore. Under a port those unemployment checks. It is jury awards. Malpractice has proven to previous order of the House, the gentle- a vicious, downward spiral that the cost the health care system billions of woman from Florida (Ms. ROS- supporters of this bill have already tac- dollars each year, but the reforms LEHTINEN) is recognized for 5 minutes. itly acknowledged when they admitted being proposed make the current sys- (Ms. ROS-LEHTINEN addressed the that they will have to return before the tem worse. House. Her remarks will appear here- end of the year to extend the program This bill taxes everyone and every- after in the Extensions of Remarks.) yet again. thing. It taxes medical devices. It taxes f Simply stated, we cannot help the individuals who choose not to purchase unemployed by creating more of them, A GRIM ACCOUNTING insurance. It drives up premiums for yet that’s exactly what programs like individuals who do purchase insurance. The SPEAKER pro tempore. Under a this are doing. We can see it in the It taxes employers who fail to offer previous order of the House, the gen- steadily increasing unemployment fig- health insurance. It then taxes them tleman from California (Mr. MCCLIN- ures despite record amounts of govern- further if they try to increase their TOCK) is recognized for 5 minutes. ment spending and borrowing. employees’ wages. It taxes small busi- Mr. MCCLINTOCK. Mr. Speaker, this The second part of this bill is equally ness owners, who would be creating week, the House passed H.R. 3548, popular, and it is equally delusional. It jobs and getting us out of this reces- which extends unemployment benefits extends and expands tax credits for sion. Instead, it forces them to cut jobs in States with high unemployment home buyers to buy homes that they or wages. It taxes health savings ac- rates, and it continues and expands the otherwise could not afford. Have we counts, which reduces the use of cata- popular tax credit to encourage home learned nothing from the past year of strophic health insurance coverage. buyers into the market. economic hardship? We all know that It cuts Medicare. Home health care, Mr. Speaker, I know these are very the catalyst for the current recession skilled nursing facilities, and Medicare popular programs, but I believe that was a housing bubble that was created Advantage will all be cut. Seniors with they are taking us in exactly the by government policies that encour- prescription drug coverage will see wrong direction. By increasing taxes to aged lenders to make loans and bor- their premiums increase. Seniors op- finance these programs, the govern- rowers to take loans to buy homes that pose this bill because they get it. Their ment is placing increasing burdens on everybody knew they couldn’t afford. care is going to be decreased, and costs the economy which I believe are actu- What’s our response now? We are are going up. ally making the recession worse. going right back into that same mar- After the bill finishes up taxing ev- I am concerned that, by raising ket and are creating another bubble by, erything and everyone, it spends all taxes, we end up making more people once again, encouraging home buyers that money even faster. Despite the unemployed, and I believe that, by pay- to purchase homes that they otherwise fact I’ve never heard anyone say they ing people to buy homes, we are cre- couldn’t afford. We’re doing this just want access to this program, the bill ating yet another housing bubble that weeks after watching how the Cash for dramatically expands Medicaid. It cre- will continue to drain the resources of Clunkers program created the same ar- ates a huge, new Federal bureaucracy our Nation until it bursts. Let me walk tificial bubble in the automobile mar- to navigate through, and it funds a through both of those concerns. ket, a bubble that came crashing down government competitor to private in- Under this bill, unemployed workers as soon as that program ended. surance companies which will syphon in States like my home State of Cali- A society in which the government people off of private insurance onto a fornia can draw up to 99 weeks of un- extracts billions of dollars from its Medicaid-like program, just like Ten- employment benefits—almost 2 full economy in order to pay people to buy nessee did with TennCare. years. Now, I realize the quiet panic stuff they can’t afford has a rendezvous After the Democrats finish spending that haunts every waking and sleeping with a grim accounting, and the longer $1.5 trillion, they say the bill is ‘‘def- moment of unemployed families as these programs continue, the grimmer icit neutral,’’ but they ignore that they wonder from one day to the next that accounting will be. how they’re going to get by. I’ve known every major government health care f expansion before it—Medicare, Med- that feeling myself. Yet there is a reason that California The SPEAKER pro tempore. Under a icaid, SCHIP, which are just to name a previous order of the House, the gentle- few—have cost more than originally es- suffers one of the highest unemploy- woman from Ohio (Ms. KAPTUR) is rec- timated. They completely ignore the ment rates in the Nation. It has one of the highest tax and regulatory burdens ognized for 5 minutes. fact that they use 10 years of revenue (Ms. KAPTUR addressed the House. to pay for 7 years of new spending. In in the Nation. Business and investment and the jobs that they create flee such Her remarks will appear hereafter in the second decade, this program will the Extensions of Remarks.) become an enormous unfunded man- hostile environments and seek out less date on State governments, on individ- expensive and less burdensome places. f uals, and on the Federal Government. One needs only to watch the domestic migration within our own Nation from THE REPUBLICAN ALTERNATIVE Despite the largest deficit in our Na- FOR HEALTH CARE REFORM tion’s history, the Democrats are irre- high-tax, high-regulated States to low- sponsibly going forward to make it tax, low-regulated States to see this The SPEAKER pro tempore. Under a harder than ever to balance the budget. happening right now before our very previous order of the House, the gen- Here is the bottom line: The bill eyes. tleman from Virginia (Mr. GOODLATTE) costs too much. It taxes too much. It According to the Congressional Budg- is recognized for 5 minutes. does little to improve health care. It et Office, this bill imposes a net tax in- Mr. GOODLATTE. Mr. Speaker, yes- will result in the majority of Ameri- crease of $2.5 billion on our economy at terday, I had the opportunity to speak cans being left with decreased access, a time when we can least afford it. It about the Democratic plan that will decreased quality, and increased costs. contributes to a self-defeating paradox: encompass 2,000-plus pages, 400,000 It is, as The Wall Street Journal called higher unemployment in order to help words, more than $1.3 trillion in costs, it, the worst bill ever, and it deserves the unemployed. Yet we all know that over $800 billion in tax increases, and to be rejected. the only antidote to unemployment is the likelihood that it will kill more a genuine job. than 5 million jobs. Today, I would like f It’s true. Family breadwinners can to talk about the Republican alter- The SPEAKER pro tempore. Under a see the additional unemployment native that will be offered when this previous order of the House, the gen- checks in their hands, and they feel the legislation comes up for a vote, and I tleman from Pennsylvania (Mr. immediate relief. That’s why this bill would like to contrast it with what we SESTAK) is recognized for 5 minutes. is so popular. What they don’t see are are talking about. (Mr. SESTAK addressed the House. the jobs that could have ended their The Republican alternative lowers His remarks will appear hereafter in agony but that have now disappeared health care premiums. According to the Extensions of Remarks.) in order to pay the higher taxes to sup- the Congressional Budget Office, the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12561 alternative would reduce health insur- miums on health insurance for individ- Mr. Speaker, Boss Hogg is a fictional ance premiums by up to 10 percent for uals. It will reduce health care choices. character. The Health Choices Czar employees who get coverage through It will cause delays and denials of care. created under the Democrats’ health small businesses with 50 or fewer em- It will take $500 billion in Medicare care bill, unfortunately, is not. This ployees. According to the CBO esti- cuts and $729.5 billion in new taxes. boss, created by President Obama and mates, all told, under the GOP plan, Now, this new bill that has been of- NANCY PELOSI, is very real. This boss premiums for millions of families fered by the Democrats is 2,000 pages will have the power to tell you what would be nearly $5,000 lower than long. You may recall that the last bill health products you can and cannot Speaker PELOSI’s cheapest insurance offered by them was only a thousand buy. This boss will be able to decide plan. pages long and had 53 new government whether you need to pay him a tax. It guarantees affordable coverage for agencies and programs. In fact, many This boss will decide whether your patients with preexisting conditions. may be familiar with this diagram that health coverage is legal or not. In its The Republican alternative makes it shows what additional new programs roughly 2,000 page manifesto, this boss illegal for an insurance company to were created under the 1,000 page bill. will soon control every decision you deny coverage to someone with prior You might think this is pretty con- and your doctor want to make. coverage on the basis of a preexisting fusing and would cause a lot of dif- Mr. Speaker, throughout the health condition. So, if you lose your health ficulty for a lot of people. Well, guess care debate, I have heard a number of insurance because you lose your job, what? complaints from the majority that we because you move or get divorced or With a 2,000-page bill they added an- are focused too much on the number of just want to change plans, you are pro- other more than 90 new programs and pages in their government takeover tected. agencies to the 53 that are on the origi- bill. In addition to the sheer number of It protects seniors’ Medicare bene- nal chart. Here is the original chart. pages of H.R. 3962, I think it’s equally fits. Under the plan offered by Speaker This is all of the bureaucracy and con- important to point out other numbers PELOSI, there are more than $500 billion fusion and cost that has been added in associated with the bill that are even in cuts in the Medicare program at a this new bill. If anyone on either side more troubling. time when baby boomers—those born of the aisle has any doubt about wheth- $1.2 trillion—the total cost of the bill after World War II—are starting to re- er the simple proposals offered by the for the American taxpayer. tire. We’re going to need to have re- Republican alternative have broad- $2.5 million—the cost of each of the forms of the Medicare program to based public support, most of these 400,000 words in this bill for the Amer- achieve savings, but those savings are proposals, 60, 70, 80 percent of the ican taxpayer. going to have to be plowed back into American people support. Certainly $730 million—this is the amount of the Medicare program to pay for the they do not support this kind of bu- new taxes created in this bill for small millions of Americans who are going to reaucracy. Certainly they do not sup- business, individuals who cannot afford become eligible for that program. port the kinds of tax increases that health care coverage and employers who cannot afford to provide coverage b 2015 could cost as many as 5.5 million jobs, according to one projection out today. that meets the Boss Hogg’s standard. The Republican alternative has no And they certainly do not support this 10.2 percent—the Nation’s current un- tax increases, none, nada, zip, period, kind of government takeover of our employment level reported just yester- no tax increases compared to more American health care system. day by the Department of Labor. than $800 billion in tax increases pri- 190,000—the number of jobs lost in the marily focused on small businesses. f month of October reported yesterday In fact, the Republican alternative The SPEAKER pro tempore (Mr. by the Department of Labor. encourages small businesses to offer MAFFEI). Under a previous order of the 5.5 million—the estimated number of health care coverage without taxing House, the gentleman from Montana jobs that could be lost as a result of job creation. Unlike Speaker PELOSI’s (Mr. REHBERG) is recognized for 5 min- taxes on businesses that cannot afford bill, which punishes small businesses utes. to provide health care coverage. This is with onerous mandates and exorbitant (Mr. REHBERG addressed the House. according to a model developed by one taxes that the CBO says will be passed His remarks will appear hereafter in of the President’s chief economic ad- on to the employees in the form of the Extensions of Remarks.) visers, Christina Romer. lower wages, the Republican alter- f 114 million—that’s the number of native plan gives small businesses the people who could lose their current HEALTH CARE power to pool together and offer health health care coverage—coverage, of care at lower prices just as corpora- The SPEAKER pro tempore. Under a course, that they like—under the pro- tions and labor unions do. previous order of the House, the gen- posed government-run health plan in It enacts real medical liability re- tleman from Georgia (Mr. GINGREY) is H.R. 3962. form to cut down on the amount of de- recognized for 5 minutes. 3,425—Mr. Speaker, the number of fensive medicine, and the Congres- Mr. GINGREY of Georgia. Mr. Speak- times the word ‘‘shall’’ appears in H.R. sional Budget Office says it will save er, let me introduce you and my col- 3962 that results in new duties for bu- the Medicare and Medicaid programs leagues to someone. I would like to reaucrats and mandates on individuals’ $54 billion alone, much less additional focus for just a moment on this first businesses and states. savings that will come to private insur- poster. 118—the number of new bureaucracies ance companies and hospitals and doc- This is the Health Choices Czar. You created by H.R. 3962. tors in terms of the reduction in defen- may not know him today, but if Demo- Mr. Speaker, when the Democratic sive medicine that will be practiced. It crats have their way and they pass majority says Republicans focus too prohibits abortion funding, a serious their government takeover health care, much on the number of pages of H.R. problem in the Democratic alternative we will all know him soon enough. 3962, they really avoid a deliberative that has caused a great deal of turmoil In the fictional Hazzard County, debate, because this bill is bad legisla- on their side of the aisle. Georgia, he was known as Boss Hogg tion. In fact, the editorial on Monday’s There’s no entitlement expansions, from 1979 until 1985. Portrayed by the Wall Street Journal called H.R. 3962, forcing Americans on to a government- late actor Sorrell Booke, he was an in- ‘‘The Worst Bill Ever.’’ That editorial run plan, and it reduces the deficit. Ac- famous government corrupt official on said, ‘‘Epic new spending and taxes, cording to the CBO, the Republican al- ‘‘The Dukes of Hazzard,’’ who every pricier insurance, rationed care, dis- ternative reduces the deficit by $68 bil- week tried to exert his will on the peo- honest accounting: The Pelosi health lion over the next 10 years and con- ple he was supposed to be serving. On bill has it all,’’ and I am quoting the tinues to reduce the deficit in the sec- the show, if it wasn’t for honest citi- Wall Street Journal. ond budget window. zens like Bo and Luke Duke and Crazy According to this editorial, Speaker Compare this to the plan offered by Cooter, he might have been able to run PELOSI and the Democrats in Congress Speaker PELOSI, which will raise pre- Hazzard County into the ground. are more like Boss Hogg looking to

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12562 CONGRESSIONAL RECORD — HOUSE November 6, 2009 exert their will on the American people ing older adults, mostly, licensed as a are innovations that help people live than they are responsible Members of nursing home administrator, dedicated with dignity, help people live with Congress. It states, ‘‘Democrats have to make a difference in the lives of in- independence, to live outside of insti- dumped any presence of genuine bipar- dividuals facing life-changing disease tutional settings, which are certainly tisanship and moved into the realm of and disability. I am here with tremen- more cost-effective places. Medical de- pure power politics.’’ dous concerns on behalf of our seniors vices allow people an opportunity to be Clearly, the Wall Street Journal un- tonight on what this bill does to them. able to age in place for seniors. derstands the ramifications that this Let me talk a little bit about Medi- Now, I assume my Democratic col- legislation has for the American peo- care. My Democratic colleagues must leagues will assume that the people ple. Quite frankly, I agree with that consider that Medicare is overfunded. I they tax, that will just come out of paper’s characterization of H.R. 3962 can tell you that it is not. Medicare their pockets, but we know how that that, ‘‘In a rational political world, today pays on the average of only 80 to works. Taxes get passed on. And this this 1,990-page runaway train would 90 cents for every dollar of costs that a will be passed on to the people on fixed have been derailed months ago.’’ hospital or a doctor has, 80 to 90 cents. incomes in this country, and that’s un- Mr. Speaker, unfortunately, in the From the time that entitlement pro- acceptable. case of this legislation, it seems to me gram was created, it was systemati- I want to talk briefly about the like we live in Boss Hogg’s Hazzard cally underfunded. flawed math that went into this. One of County, instead of a rationally based This is a primary reason, actually, my Democratic freshman colleagues, a society. I urge my colleagues to look that commercial insurance is so expen- Democrat that’s on the Rules Com- beyond the rhetoric that Speaker sive because of the underfunding of mittee, I heard him make a statement Medicare. Yet my Democratic col- PELOSI and the Democrats use to pro- about how this bill is so much less ex- mote ‘‘The Worst Bill Ever’’ and look leagues consider Medicare overfunded. pensive than the previous version we at the numbers associated with this Well, how do I know this? Because the saw back in July. I have to tell you legislation. bill, this bill in front of me, has over a that’s flawed math. Mr. Speaker, Boss Hogg went off the half a trillion dollars in Medicare cuts. This bill was based on the fact that It must be overfunded in their minds air in 1985. Unfortunately, this legisla- the Medicare growth rate would be at 4 if they can make half a trillion dollars tion is real and poses a real threat to percent. The average growth rate is 7 in Medicare cuts. Where do those cuts the foundation of our health care sys- to 8 percent. In 2008, Medicare grew at fall at and where will they impact sen- 9 percent. tem. Tomorrow, or whenever we vote iors? Well, it is going to impact seniors The SPEAKER pro tempore. The on H.R. 3962, I hope all of my col- that go into hospitals, Medicare part time of the gentleman has expired. leagues have the sense to defeat this ir- A, significant cuts there, $175 billion, a rational legislation. minimum of that. That’s cuts to those f f hospitals, and I know hospitals in my The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a district are lucky to make a 1 to 3 per- previous order of the House, the gen- previous order of the House, the gen- cent margin annually. Out of that, tleman from New York (Mr. HIGGINS) is tleman from New Jersey (Mr. they hopefully give cost-of-living in- recognized for 5 minutes. PASCRELL) is recognized for 5 minutes. creases and invest in new life-saving (Mr. HIGGINS addressed the House. (Mr. PASCRELL addressed the technology. His remarks will appear hereafter in House. His remarks will appear here- But they don’t stop there. The Demo- the Extensions of Remarks.) after in the Extensions of Remarks.) crats go on to cut Medicare in terms of f skilled nursing facilities. Now that’s an f The SPEAKER pro tempore. Under a area where I was licensed as a nursing previous order of the House, the gen- HEALTH CARE home administrator. People who go tleman from Virginia (Mr. WOLF) is The SPEAKER pro tempore. Under a into nursing homes today are the sick- recognized for 5 minutes. previous order of the House, the gen- est of sick. That’s the only alternative (Mr. WOLF addressed the House. His they have when they need that high tleman from Pennsylvania (Mr. THOMP- remarks will appear hereafter in the level of skilled care. To cut services SON) is recognized for 5 minutes. Extensions of Remarks.) Mr. THOMPSON of Pennsylvania. there, that’s just unacceptable. f Let’s move on to Medicare part B. Mr. Speaker, on Tuesday of this week I Those are physician services. They are b 2030 was here in this Chamber with my also outpatient services like rehabili- freshmen Republican colleagues, and A TANGLED WEB OF DECEIT tation. When an older adult, a senior we were preparing to do Special Orders citizen, has a disease or disability and The SPEAKER pro tempore. Under a about all the concerns we have with they need rehabilitation, well, that’s previous order of the House, the gen- the 1,990-page Pelosi health care bill, funded by Medicare part B. But Medi- tleman from Texas (Mr. GOHMERT) is and I had this bill with me, and it was care part B, also, under the Democratic recognized for 5 minutes. in this bag. I was sitting in a chair and plan is scheduled and slated for signifi- Mr. GOHMERT. You know, I thought I was standing in the row next to it. cant cuts. about a little limerick Sir Walter I was approached by one of the fine, Another one that is under Medicare Scott wrote. He was around back dur- dedicated public servants we have, em- part B is hospice services. Mr. Speaker, ing those years during and after the ployees here in this Chamber that are hospice services, that’s a service that American Revolution. But he penned dedicated to our safety and security. reaches out and provides services to an interesting line that went, ‘‘Oh, They came up to me because somebody people that are in their end days, peo- what a tangled web we weave, when had observed this rather large uniden- ple who are in the process of dying. first we practice to deceive.’’ I have tified object from the gallery and want- Hospice service allows people to die heard that all my life, growing up as a ed to make sure that it wasn’t some- with compassion and surrounded by kid. ‘‘Oh, what a tangled web we weave, thing left there intentionally, a hazard. friends and pain management. Yet the when first we practice to deceive.’’ I assured him this was not a hazard to Democrats feel that Medicare is so Now, we had the President of the the Members here, that this was a overfunded that we can actually make United States come into this Chamber 1,990-page Pelosi health care bill. cuts to hospice services. right here and speak from that podium Though, on second thought, it was a Medicare part D. Pharmaceuticals. there, and he made the statement that hazard, a hazard to anyone carrying it Well, I never heard anybody say that there would be no abortion funded in around, being as heavy as it is but a our seniors actually have more than the health care bill. hazard to our health care system here enough resources coming into pharma- Apparently, there are other ways in the country. ceuticals, but that’s one of the lines that this will be done or can be done. Mr. Speaker, my background is within this. On page 110 of the health care bill we health care. Twenty-eight years I Then there are wheelchair taxes, are supposed to vote on tomorrow, Sub- worked on rehabilitation services serv- medical devices, medical devices that section B is entitled ‘‘Abortions for

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12563 which public funding is allowed: The The SPEAKER pro tempore. Under a you can count on. All Americans will services described in this subparagraph previous order of the House, the gen- have affordable options, even if they are abortions for which the expenditure tleman from Texas (Mr. PAUL) is recog- change their jobs or if their employer of Federal funds appropriated for the nized for 5 minutes. does not offer health insurance. We are Department of Health and Human (Mr. PAUL addressed the House. His going to get into a few of the impor- Services is permitted.’’ remarks will appear hereafter in the tant consumer protections tonight Now, we are hearing that tonight we Extensions of Remarks.) with a few of my colleagues. are being held over here, which is fine. f Under this revised bill, families will I don’t mind going all weekend, going The SPEAKER pro tempore. Under a not have to worry about insurance the rest of the week, the month, what- previous order of the House, the gen- companies canceling their coverage be- ever. It is the job. It is fine by me. I tleman from South Carolina (Mr. BAR- cause someone in the family gets sick think America is safer when we are not RETT) is recognized for 5 minutes. or is diagnosed with cancer or another in session. But that is fine. (Mr. BARRETT of South Carolina ad- illness. Health insurance companies But we are hearing that supposedly dressed the House. His remarks will ap- will no longer be able to bar you from we are in session because you have peo- pear hereafter in the Extensions of Re- health insurance just because you have ple browbeating Democratic Members marks.) cancer that is in remission or you have who have taken the staunch position, f had a heart ailment. We are going to and I think the wonderful position, a The SPEAKER pro tempore. Under a ensure that our neighbors are not very moral position, that funds taken previous order of the House, the gen- forced to go bankrupt when a serious from the hands of law-abiding Ameri- illness strikes. tleman from New Jersey (Mr. FRELING- cans who believe it is murder to kill a What is insurance for, after all? It HUYSEN) is recognized for 5 minutes. baby who is unborn should not go to (Mr. FRELINGHUYSEN addressed must be meaningful for American fami- fund abortion, and they are taking that the House. His remarks will appear lies. You have to admit, American fam- wonderful, principled position. Now hereafter in the Extensions of Re- ilies have been doing everything right. they are being told that they need to marks.) They have been paying their copay- buy into this bill and do the right ments, they have been paying their thing and vote for it. f premiums, even as the cost has risen We have others who have taken the The SPEAKER pro tempore. Under a astronomically. What our health re- position that if funding is not in this previous order of the House, the gen- form bill says is, in return, these bill for abortion, they are not going to tleman from Georgia (Mr. WESTMORE- American families must have coverage vote for it. So those who are trying to LAND) is recognized for 5 minutes. that is meaningful, stable, and secure. twist arms and get people to vote for (Mr. WESTMORELAND addressed Now, we reached this historic mile- this massive, terrible thing for Amer- the House. His remarks will appear stone reflecting back upon other im- ica, this health care monstrosity, this hereafter in the Extensions of Re- portant milestones in American his- power grab, as it is, are saying that marks.) tory. It was January, 1935, when Presi- they need to do the right thing for f dent Roosevelt sent his economic secu- America and vote for this bill. The SPEAKER pro tempore. Under a rity bill to Capitol Hill. At that time, You have got some who believe what previous order of the House, the gen- the Congress took that economic secu- the President said at that podium right tleman from Tennessee (Mr. WAMP) is rity bill and renamed it the Social Se- there, that there would be no funding recognized for 5 minutes. curity Act; and, after many months of in here for illegal aliens to have health (Mr. WAMP addressed the House. His heated debate, in April of 1935 the Con- insurance. And yet anybody that remarks will appear hereafter in the gress adopted the Social Security Act. knows anything about the law knows Extensions of Remarks.) President Roosevelt signed that bill that if there is no requirement to f into law at a ceremony in the White check the identity of someone who is The SPEAKER pro tempore. Under a House Cabinet Room. being furnished free health insurance, previous order of the House, the gen- After President Roosevelt, it was then illegal aliens will be provided free tleman from Indiana (Mr. BURTON) is President Truman who sought to build health insurance. recognized for 5 minutes. upon Social Security and provide that So there are those friends across the (Mr. BURTON of Indiana addressed important stability and security to aisle, Democrats who are principled, the House. His remarks will appear American families by launching the saying we need language in here so the hereafter in the Extensions of Re- health care initiative. Unfortunately, President will be able to keep his word marks.) it stalled under President Truman; and and he won’t look like a liar. We need f we have been in that stalling pattern the language in there so illegal aliens for decades after, with the exception of will not be getting free health care, PROVIDING MEANINGFUL, STABLE 1965, with the adoption of Medicare. just like the President promised. AND SECURE HEALTH INSUR- In 1965, the House took up consider- We have also been told by the Presi- ANCE FOR ALL AMERICANS ation of the Medicare bill; and Presi- dent repeatedly, if you make less than The SPEAKER pro tempore. Under dent Johnson signed that bill into law $250,000, there will not be any tax of the Speaker’s announced policy of Jan- at a special ceremony in Independence, any kind levied on you. Yet we find uary 6, 2009, the gentlewoman from Missouri, in 1965. President Johnson at Section 501, among many taxes in this Florida (Ms. CASTOR) is recognized for that time, over the objections of some bill that people are being forced and 60 minutes as the designee of the ma- aides, insisted that the ceremony hap- arms twisted to vote for, it is entitled jority leader. pen in Independence, Missouri, and ‘‘tax on individuals without acceptable Ms. CASTOR of Florida. Mr. Speaker, that President Truman, who launched health care coverage.’’ It turns out the the House of Representatives is poised the national health care debate, be in provision basically says if you make for a very historic milestone this attendance. too much money to be given free evening. We are on the cusp of begin- At that signing, President Johnson health insurance but you don’t make ning debate on the Affordable said, ‘‘No longer will older Americans enough to be able to afford to buy Healthcare for America Act, and Demo- be denied the healing miracle of mod- health insurance, then this Obama- crats are going to deliver what Amer- ern medicine. No longer will illness Pelosi plan will tax you. ican families and businesses have been crush and destroy savings that they Oh, what a tangled web we weave, asking for when it comes to their have so carefully put away over a life- when first we practice to deceive. And health: one, meaningful, stable, and se- time so that they may enjoy dignity in that is exactly what has happened. cure health insurance; two, improved their later years.’’ This monstrosity of a web has been Medicare for our seniors; and, three, Mr. Speaker, with our corresponding woven, and now it is catching so many vital consumer protections. health reform act that follows upon So- in it as we approach this monstrosity For families with health insurance, cial Security and Medicare, no longer of a health care plan. health reform will provide coverage will illness crush and destroy American

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12564 CONGRESSIONAL RECORD — HOUSE November 6, 2009 families. They are entitled to dignity friends wanted us to do, but now they who get their health insurance through as well. know something is going to pass so their employer, private health insur- Now, during those debates, Mr. they have to hurry up and hustle and ance, they keep it, and the majority of Speaker, there was a lot of opposition, get some plan together, but if we do ab- Americans will continue to get their great opposition from the Republican solutely nothing, the average family in health insurance through their em- Party. The Republicans’ record on So- our country will pay $1,800 more a year ployer. Nobody’s changing anything in cial Security and Medicare in America next year in their health care costs. terms of the process for that. A lot of is not outstanding. They opposed Medi- That is if we do nothing. And keep pro- other Americans, if they’re seniors or care from the beginning. jecting that out, $1,800 the following disabled, get their insurance through In 1965, the GOP said that Medicare year, $1,800 the following year. Medicare, which is a government pro- was ‘‘brazen socialism,’’ and they have Compounding is a very powerful thing. gram, and then those who are below a kept up that mantra year after year. So we must for economic reasons get certain income get their health insur- They have tried to undermine Medi- our health care house in order, and this ance through Medicaid, which is an- care. The Republicans have voted bill does it. It reins in the spending for other government program. against protecting and strengthening Medicare and makes it stronger and And I could mention other govern- Medicare since it was adopted. They more efficient by closing the doughnut ment health programs. The Indian have sought to privatize Social Secu- hole. Health Service, the Veterans program, rity and Medicare. They have consist- In addition to that, we have human whatever. What’s new here, really, is ently wanted to move seniors into pri- rights issues that we are dealing with that for those Americans who have no vate markets. And, just this spring, in this country. American people who health insurance because they can’t ac- House Republicans offered a budget are sick, who go to the insurance com- cess it, it’s not affordable or they have that would eventually lead to the end pany and get denied coverage, as we all these discriminatory practices of Medicare programs as they are pres- heard the other day at our press con- based on their preexisting health con- ently known. If we had listened to Re- ference, because of infertility. You get ditions or their gender or whatever, publicans, American seniors during the denied coverage. Then the kicker was now we are establishing a health ex- economic downturn would have seen that spousal infertility was a reason to change. It is just basically an oppor- their lifetime savings nearly disappear. deny coverage and diabetes and cancer tunity for to you go to your computer So here we stand again on the cusp of and all of these issues that insurance or to some office where the government an historic milestone, to follow upon companies use to deny coverage. will entertain, if you will, private the legacy of Social Security and Medi- health insurance companies to come in b 2045 care, the foundational values of the and say, Look, if you offer a certain Democratic Party, popular initiatives To me, that’s a human rights issue; benefit package that includes what we that provide great security and sta- and we cannot, as a country, look our- think should be included and you’re bility to all American families; and we selves in the mirror anymore as of to- willing to offer it through this ex- are going to deliver again for Amer- morrow, hopefully, and at the end of change, you can. ica’s families. this year and not say, Health care is a The government will make this ex- We have some outstanding Ameri- right in the United States of America. change available, and people can buy cans here in the Chamber tonight. I If we all collectively, through invest- health insurance through the ex- would like to yield time to my good ments in NIH and private investments change. They would have a basic ben- friend from Ohio, Mr. RYAN. and premiums and money, have come efit package where they can pay for Mr. RYAN of Ohio. I thank the gen- up with ways to make someone other things that are not in the pack- tlelady, and I think that is a perfect healthy, but we, as a society, say, You age, you know, dental care or what- articulation of what has happened and know what, sorry, you can’t afford this ever. why that tomorrow and this weekend one, and just those of us in the club are But the advantage is now that this has become such a monumental day. going to be able to afford it, you can’t. acts as a very large group plan. The I know our friends on the other side So, you know, you’re going to have reason that employers, you know, of- have been trying their best to try to to get sicker faster, and you are going tentimes are able to offer insurance is undermine and scare. I just was hang- to have to die earlier than everyone because they buy it through a large ing in my office just answering the else because you can’t afford it. That is group plan that brings costs down, but phone with people calling in with com- unacceptable. I yield to my friend who for individuals or small businesses that plete misinformation about what this has been such an instrumental part—I try to buy health insurance privately bill is going to do. just watched you in the Rules Com- right now, it’s hard because if you buy This is very, very simple. When you mittee—and continue to defend what it individually or you have a very look at what happened with Medicare, we’re trying to do here. To explain to small group of employees, it becomes there was a gap in the capitalistic sys- the American people how important much more expensive because insur- tem. Insurance companies couldn’t this is, I yield to my friend from New ance becomes cheaper the larger the make money off of insuring our grand- Jersey. pool is. parents and older parents because Mr. PALLONE. I want to thank my So if the government is now offering there was no money to be made there. colleague from Ohio who is here almost this exchange where all these private So the government had to come in and every night, it seems, talking about insurers come in and offer insurance, establish the Medicare program, which how important this health reform leg- it’s essentially like a group plan, and I am sure our friends on the other side islation is and explaining it very well, the cost comes down considerably be- of the aisle would not want to get rid I must say, in commonsense terms. cause it acts that way. of right now, and now they are actually Your comments made me think about, Now within this health exchange, sticking up for all the slowing of the actually, one of our Republican col- we’re also going to offer a public op- growth and all the changes we are leagues in the Rules Committee much tion, which you can compare to Medi- making. earlier today—I was there for 6 hours— care or Medicaid if you’d like, and But the bottom line is this: We have who basically talked about this bill in that’s going to compete with these pri- two issues here. We have an economic ideological terms and referred to it as vate insurance companies. So in addi- issue where health care will bankrupt socialism or a government takeover of tion to costs coming down in this ex- our country if we do not start reining health care. I explained in the Rules change because it’s like a group plan, in the spending. In the next 10 years, Committee, and I would like to explain costs also come down because there is one of every five dollars in our econ- now, how untrue that really is. now not competition between a public omy will be spent on health care. In 30 Basically, we’re just building on the option, like Medicare, and all these pri- years, one of every three dollars will be basic system and using a lot of the vate insurance companies. But, again, spent. framework, if you will, that exists now there is no ideology here that the pub- If we do absolutely nothing, which up in both the private and the public sec- lic option is like Medicare and Med- until two days ago our Republican tors. What I point out is that for people icaid. The private insurers are the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12565 same private insurers that offer insur- let me explain to you where I was able for to bring people in town. And what I ance now but, because it’s a large to pick up on the misconceptions. They said before, I will say again. Why is group plan, the costs come down. So talked about taxing, increasing taxes. there so much anger and hostility over there is no radical change here in the They talked about small businesses providing health insurance for all way we’re doing business. going out of business. They talked Americans? What does that anger por- We’re not taking over health insur- about the debt on their children, their tray? Why are people so irrational? ance. We’re offering a public and pri- grandchildren and those yet unborn. Why aren’t they more reasonable about vate option. Now the third way that Let me try to clear up some of the what government is trying to do? the costs come down is if you’re below mythical misstatements that were This started out covering those who a certain income and you buy your in- used while I sit here in the last hour were uncovered, about 38 million, and surance in this exchange, we offer you and a half. it’s grown into, as our opposition says, a major subsidy, and that can be 80 per- Will the bill raise taxes? Get this: for a socialistic program to cover ineli- cent of the cost of your premiums if the average individual, the bill would gible people, to cover those most feared you’re maybe making about $25,000 or not—would not—raise taxes. If you are people that are here illegally. I never $30,000 a year or maybe only 10 percent an individual who makes more than heard compassion for Americans. So if you are making, say, $80,000 a year. $500,000, that’s a half a million dollars, there was an organization that put So we’re bringing costs down using in- or a couple who makes more than $1 that group together to come and shout novative methods but methods that million, you would be taxed 2.5 percent. and show their anger. I’m saying, Well, don’t really take away from the pri- That’s not the average family’s in- what is it that they’re so angry about? vate sector. come. The average family does not They have been told that benefits will And for anybody to say this is a gov- make $500,000 or $1 million. It will be be taken away from seniors. Nothing ernment takeover, this is socialism, taxed, yes, 2.5 percent. If you make can be further from the truth. Will the this is radical—you know, I don’t know more than $250,000 and you do not pur- House bill negatively affect small busi- what you want to call it, it’s just not chase insurance, then you would have ness? No. The House bill exempts most true. This is just a different way of to pay a tax of 2.5 percent. small businesses from the employee doing things that I believe works and The Medicare part D prescription mandate. Small businesses with a pay- that I think collectively will cover ev- drug doughnut hole, this hole is cre- roll less than $500,000 are exempt. eryone and make it affordable so that ated when a patient’s prescription drug Small employers with pay rolls be- you don’t have to worry that if you costs exceed a yearly limit. This in- tween $500,000 and $750,000 will have lose your insurance, you don’t have a cludes those whose prescription drugs contribution phases from zero percent place to go. costs more than the initial benefit of to 8 percent required contribution. Within this context, we’re elimi- $2,700. Catastrophic coverage begins Businesses with payrolls above $750,000 nating all the discriminatory practices after the beneficiary has paid $4,350 for will be required to contribute the full 8 so that insurance companies can’t medications. Over time, the bill cre- percent of average salary for their em- charge more because of a preexisting ates a 50 percent discount for prescrip- ployer. health condition or because you are a tion drugs bought in the doughnut 2100 woman versus a man. They can’t say hole. b that in the course of a year they’ll only Will this bill increase health care What is the public option? Now, repay out a certain amount of money or costs? No. This bill is designed to remember ‘‘option’’ means choice. ‘‘Op- in the course of your lifetime they’ll duce health care costs. The House bill tion’’ means decision. It’s a govern- only pay a certain amount of money. is designed with a public option. Now ment-run health insurance option. It’s They can’t drop you because you get what does the word ‘‘option’’ mean? It like going into a market and having all sick. All of these discriminatory prac- means, you have a choice. Option these plans laid out and you make the tices are very difficult and make it dif- means your choice, your decision. So choice. If you like your insurance, you ficult for a lot of my constituents, I the House bill is designed with the pub- keep your insurance. If you don’t like know, to find insurance. Those prac- lic option which will compete with pri- your insurance or you want to buy in- tices will all go away. vate insurers in the exchange and re- surance, you come to the marketplace. I yield back to the gentlewoman from duce health insurance premiums. Taxpayers will not have to pay for the Florida. Though the program is government public option. It is a mechanism with Ms. CASTOR of Florida. I would like run, it will be self-sufficient and not re- which the government can encourage to yield to the gentlewoman from Cali- quire tax dollars at the initial startup. healthy competition in the health in- fornia (Ms. WATSON). She has been here I have heard over and over again that surance market. Also an option that for a while and has been listening the government will get between you will be accepting of high-risk individ- closely to this debate. and your provider. That is so untrue. uals. Now let me tell you what the im- Ms. WATSON. Mr. Speaker, I have People talk about government. These mediate reforms will include: been here for about an hour and a half. are the people who work for govern- There will be a ban on lifetime lim- I have heard the Affordable Health ment and who are paid by government. its. There will be immediate sunshine Care for America Act denigrated, de- And how do they get their pay? Be- or light against insurance price monized. I heard the most disrespectful cause some taxpayer paid their taxes, gouging. It will be transparent. We’re description of our Speaker, of our and that’s how we all get paid. If creating a review-and-disclosure proc- President, and I have heard them call you’re so against government, why did ess for rate increases. this socialistic. But what I never heard you run to be part of it? Because every It will prohibit health insurance from all of those who are opposed, in- minute you’re here, you’re using tax- companies from rescinding existing cluding the medical doctors, was a payers’ money. That’s your salary. So health insurance policies when a per- sense and a feeling for protecting the if you don’t believe in government, you son gets sick. health of Americans. All I heard was ought not to be part of it. It was so ir- There will be limits on preexisting them describing the number of pages. rational. I was steamed while I was lis- conditions. Insurance companies can They even gave us the number of times tening, but I held my cool. Private in- only look back 30 days rather than the that ‘‘shall’’ was used. They talked surers are unhappy with the public op- current 6 months. about this heavy load that they would tion and are, therefore, attempting to Complete ban, existing conditions ex- throw out and abandon. But I never disqualify its advantages. clusive occurs in the exchange will heard them throw in ‘‘for the American Now, you cannot tell me that the begin in 2013. people.’’ 10,000 people who were out there yes- It will prohibit domestic violence There was something very insensitive terday demonstrating just woke up and from being included as a preexisting about what they were saying. I never said, We need to go to Washington, DC, condition. felt the depth of concern about pro- and demonstrate. It was an organized It will immediately ensure the med- tecting Americans’ health. I heard effort, my friends. Some people were ical loss ratio of 85 percent of premium misstatements. I even heard lies. And paid. There were buses that were paid health care dollars.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12566 CONGRESSIONAL RECORD — HOUSE November 6, 2009 Dependents can remain on their par- families, the seniors, the older Ameri- the same people will start to inter- ents’ insurance until the end of their cans that you represent and understand nalize it. 26th year. what this reform will mean to those The fact is that the Congressional It will extend COBRA coverage until families, finally giving them health in- Budget Office says pretty plainly that the exchange is up and running. surance that is meaningful. over the 10-year window of this bill’s Grants to States for immediate One of my very good friends that has rollout, there will be more people, mil- health reform initiatives will start im- been so involved in this debate for lions of more people, on private health mediately. And I want to say that many years, I’ve had the privilege of care than there are today. Why? Be- again because I’ve heard people say serving with him on the Energy and cause we fix the existing private health that States will lose and be burdened. Commerce Committee and the Health care market. We think that the salva- Grants to States for immediate health Subcommittee, and he’s simply an out- tion of our system can be the private reform initiatives. standing voice on behalf of the families market but not under the rules we’re It improves benefits, reinsurance for in Connecticut. So I feel very privi- playing by today. Under those rules, early retirees. leged tonight, as we’re poised to take the price of health care over the last 10 It creates an immediate fund that this historic next step, to yield to my years has shot up by 120 percent for will finance a temporary program for good friend, Mr. MURPHY from Con- small businesses in my district. This those who are uninsurable. necticut. year, our major insurer in Connecticut It creates a voluntary long-term care Mr. MURPHY of Connecticut. I’m announced they were going to be rais- insurance program. glad to be here and I thank my friend ing rates by 30 percent in one single It increases funding for Community from Florida for yielding. year for small businesses. The rules of Health Centers. This is an historic moment. It this game have meant that millions of It expands primary care, nursing, and doesn’t come around very often when Americans are kicked off their health public health workforce by increasing you have the opportunity to make good care just because they get sick and the size of the National Health Service on a promise that seemingly every millions more can’t get on health care Corps. President has tried to make good on, because they were sick to begin with. It increases Medicaid reimburse- frankly, with a couple of Republicans The rules of this market don’t work. ments to 100 percent Federal funding. thrown into the mix over the years, to So all we say is let’s set up some fair And in 2013 the exchange will be up and bring health care out to the millions of rules that aggregate the purchasing running. Individual and employee man- people that don’t have it. And as my power of individuals, that don’t deny dates take effect. friend Mr. RYAN said, we don’t have a health care to people that need it. Preexisting conditions cannot be choice any longer. If we allow the sta- Let’s just fix the market. That’s what used to refuse a health insurance pol- tus quo to continue, we’re not just this bill does. It fixes the market. icy. going to bankrupt every family and We are at the very last minute, Mr. It expands Medicaid to 150 percent of business out there, we’re going to RYAN, presented with an alternative poverty. bankrupt our government. bill from our friends. Now, you and I It will be open to small employers The sad thing is that at this critical have been on this floor for a long time. with 25 or fewer employees. juncture in the history of American We come down here and we talk about Affordable credits issued to those government, the history of the Amer- the differences between the Democrats’ below 400 percent of the Federal pov- ican health care system, you would approach to health care and the Repub- erty level. like to think that the arguments that licans’ nonapproach to health care, but The public option then is oper- were happening on the floor of the then over the last year we have talked ational, and the exchange expands to House or in the Rules Committee about the places we agree on. And one everyone over the next 5 years until where Mr. PALLONE was all day or on of the places that we all thought we 2018, when all employers will have to the airwaves is a debate about what’s agreed on was that if you have a pre- meet the essential benefits package. best for this country. Instead, it seems existing condition, you shouldn’t be de- So, Mr. Speaker, I conclude by saying that some of the debate is about what’s nied health care. I mean, I heard Re- this will be an historical movement for best for one political party. This idea publicans come down here night after Americans. We are looking forward to of the bill that we’re debating being so- night and say we should absolutely do a tremendous change in where we place cialized medicine is laughable. It’s that, and I listened to them on the talk our emphasis. We plan to build a laughable, but we have to talk about shows and they said Democrats and Re- stronger, healthier America, and I why we are hearing that phrase come publicans should come together. We would hope that all Members of this up over and over again. came down here on the floor and we House will recognize that we are bring- You have to go back to the spring of wanted to lock arms and say you know ing a health care benefit to our Nation this year when the Republican Party’s what, let’s do it. Let’s stop sick people so it will stay the greatest Nation on favorite pollster, Frank Luntz, came from being denied health care. Earth. out with a memo, before the Democrats Then we see their proposal that Ms. CASTOR of Florida. I thank my had even put their bill on the table, be- they’re apparently going to offer on good friend from California. fore there was a bill to critique, and the House floor as a substitute to the I can’t blame you, after listening to the memo essentially said here’s how Democratic plan, and it does nothing some of the debate, for having some you kill health care reform: You call it for people that are sick and need consternation because here we are, we ‘‘socialized medicine.’’ You call it health care. It doesn’t even come close are poised to take this historic step on ‘‘government-run health care.’’ Before to banning the practice of insurance behalf of the American people that anybody had even looked to see what companies to deny coverage based on really is akin to what this great body the bill was, the decision was made preexisting conditions. has done in 1935 for Social Security, that for political purposes, a bunch of So even the things that we thought again in 1965 for Medicare. The vast people are going to get behind killing we had agreement on we don’t any majority of Americans would never this thing and they’re going to call it longer, because when it comes down to think of turning back the clock to a these names no matter actually what’s it, the Republicans are more interested time before we had those very impor- in the text. in preserving the profits of their tant securities, that stability for Now, as it turns out, the bill that’s friends in the health insurance indus- American families. But that doesn’t presented before the House for a vote try, more concerned with stopping mean that they came easy. They this weekend or early next week is so President Obama’s quest to bring didn’t. And a lot of the arguments that far from socialized medicine, from gov- health care to Americans at a lower were used then against Social Security ernment-run medicine, to make that cost because it scores political points, and against Medicare have been used claim is absolutely outrageous. But if Mr. RYAN. over the past year. you make it over and over again and Ms. CASTOR of Florida. I thank my But you just have to stand up. You you get a few allies on talk radio and good friend from Connecticut. What a have to stand up and speak out for the the cable news entertainment shows, great summary.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12567 And I know my good friend from public option, eliminate preexisting for your family to ensure that if you Ohio, just what you were saying when conditions, no more bankruptcies, stay have a diagnosis in your family of a se- you kicked it off, we simply cannot on your parents’ insurance until you rious illness, we are not going to let stand still. We cannot wait a decade are 27, here are some subsidies, close that insurance company cancel you. more to stand up for American families the doughnut hole on Medicare part D And if you have to change your job and and provide them with some meaning- so our seniors can have consistent pre- your cancer is in remission, our reform ful and stable insurance that they’re scription drug coverage. They are will ensure that you will have afford- paying. I mean, they have been doing going to vote against it. able options. These are our funda- everything right; isn’t that right? Pay- We are here saying, this is what we mental values. ing those copays, paying those pre- are for, this is what is going to pass, I yield to Mr. PALLONE. miums month after month after and this is what is going to help the Mr. PALLONE. I want to thank all of month, and then someone in their fam- American people. You can call it what- you for what you have been contrib- ily gets sick. And the health insurance ever you want. Our friends like the so- uting to this debate. company oftentimes will say or find a cialized transportation system we have I was on C–SPAN this morning where way to say, We’re sorry, your policy here when they fly into Reagan Airport they ask you questions. These are does not provide what you thought it and back to their own airports. They questions that I get from some of my provided. like socialized Medicare for their par- constituents who initially at least were I yield to the gentleman. ents. They like socialized public opposed to the bill. One question is Mr. RYAN of Ohio. There are a lot of schools. They like socialized roads, so- from people who say, Well, why should issues here. cialized ports, and socialized defense. I help contribute through subsidies, for Earlier in the evening, I was watch- They like all that. But the one thing example, to help pay for health insuring someone, one of our friends on the that is not socialized, they try to label ance for people who don’t have insur- other side, in the Rules Committee exit as being socialized. It doesn’t make ance? And another, I am young. I am plain the Republican plan. And one of any sense. healthy. This guy got on and said, Why the questions from one of the com- Ms. CASTOR of Florida. I think you should I have to have insurance at all mittee members was, Does your plan have summed it up well, Mr. RYAN. We if I don’t want it? cover everybody? And after dodging are simply going to stand up for Amer- The bottom line is, right now, a sig- that question for quite some time, the ican families against the powerful in- nificant portion of your premium, answer is no. And then he went on to terests that oftentimes and unfortu- whether you get it through your em- say that, Well, our plan is incremental. nately the way health care has devel- ployer or you get it by buying it on the And that’s the slow walk that our oped in America, it is take the money individual market, as well as a signifi- friends on the other side want to do from well people. And the profits of cant portion of Medicare and Medicaid, here. They want to kill this and go these health insurance companies has is paying for people that have no insur- back to the original political memo been astronomical. ance. So when that person who has no that was given: How do we kill health Why is it so difficult when somebody insurance goes to the emergency room care reform? How do we not give needs to call upon that policy, they and they rack up a bill of $10,000 or Barack Obama a victory on health have been diagnosed with cancer, they $20,000, you end up paying for it if you care? And that’s all this is is playing high blood pressure, and it is a fight. It have insurance. It could be 2 or $3,000 a the politics of it and to say, Well, our is not a fight when you have to send year of your premium is actually pay- plan doesn’t cover everybody. Our plan the premium or the co-payment in, but ing for that uncompensated care. doesn’t bring down costs. Our plan is it is a fight when you need to call upon The bottom line is, if everyone has not going to reduce costs for small what you have been paying for month insurance, even if you are subsidizing business by allowing them to go in and after month. it in some way through your tax dol- do all this negotiation. So our reform is going to give the lars, that brings your cost down be- I mean, think about what our friends consumer, these families that we have cause now that person, instead of going on the other side of the aisle are going the privilege to represent, greater bar- to the emergency room, they go to a to vote against when we take this vote gaining power when it comes to their doctor on a regular basis. They don’t in the next couple of days. They’re health. get sick and run up the costs of having going to vote against everyone in You have to hand it to President to be hospitalized or put into a nursing America being protected from being de- Obama. He has reached out. He reached home, and so the system saves money nied insurance because of a preexisting out early on in a bipartisan way. I and you save money. condition. They’re going to vote know each of us here on the floor to- The next thing, what about the guy against that. They’re going to vote night have done the same. Early on, I who was on C–SPAN this morning: I am against our saying that no one in called a bipartisan meeting of the 25 years old. I don’t want to buy health America will ever go bankrupt again Members from the State of Florida to insurance. Why should I buy it? I don’t because of a health catastrophe in say, What are our Florida priorities? need it. I can probably stay around for their family. Our friends are going to We came up with a number. We have a another 10 years until I have any seri- vote against that. Subsidies to help terrible doctor shortage. We want to ous problem. middle class families afford health improve Medicare. And I am glad some Again, it is the same thing that I care, they’re going to vote against of those ideas are incorporated in our mentioned before. The only way that that. Extending COBRA until the ex- legislation. insurance becomes cheaper is if more change gets set up, they’re going to We have been having bipartisan and more people are included in the in- vote against that. Increasing the age to meetings. We have had committee surance pool. So if you have this health 27 years old so that people can stay on meetings, hundreds of committee exchange and you want to make insur- their parents’ insurance, they’re going meetings over the past couple of years, ance under this health exchange afford- to vote against that. And giving small and hundreds of amendments incor- able, you have to have all of the people business people an opportunity, instead porated. Our families back home, this in it. Then you have the healthy and of swimming with the sharks in the isn’t something where we are only lis- the young people, the older and the current insurance market, to go in and tening to one side of the aisle. I know sick people, and you have a larger pool negotiate with hundreds of thousands, all of us have been taking the ideas, no that essentially brings costs down be- if not millions, of other people to drive matter what your political persuasion, cause everyone is in it. costs down, they’re going to vote because this is a critical American I think it is important to dispel some against it. issue and it demands a unique, Amer- of these arguments about why should I ican solution. help the other guy or why should I b 2115 As we begin the debate, I know there have to have insurance. The only way So we are sitting here telling you, will be a lot of partisan rhetoric, but I this works to bring costs down is if ev- Mr. MURPHY, here is what we are for: want folks at home to know that we eryone is covered and everyone has ac- the exchange, competition, choice, the are going to stand up for you and fight cess to a doctor on a regular basis and

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12568 CONGRESSIONAL RECORD — HOUSE November 6, 2009 everyone pays into the system. Either Mr. PALLONE. If I can talk about their small numbers of employees, it is their employer pays or they buy it small businesses, a lot of people don’t practically like sending a person out through the health exchange. That is understand that the way that this bill alone. It is just astronomical. I don’t the beauty part of this. Everyone gets is set up in the bill that we are going understand it because the profits of covered and everyone contributes and to vote on in the next few days, small these health insurance companies are the cost goes down and we emphasize businesses, when they try to buy so high, but they don’t offer affordable prevention, not having people get sick health insurance, like individuals, be- options to small businesses. and not having to go to the hospital because the individual is only buying for She told me this terrible story where, cause they don’t have enough preven- himself or the members of his imme- because they have a largely female and tive care. diate family, the cost is high because young workforce, it was very impor- We could go on and talk about the he is not part of a large insurance pool. tant to them that they have maternity idea of prevention and wellness, which The same is true for small business. care covered. And so they negotiated is an important part of this system, In other words, if you have only five or and had an agent, and maternity care but I yield back. ten employees and you try to buy a was covered. The only problem was the Ms. CASTOR of Florida. Chairman health insurance policy on the open health insurance company refused to PALLONE, you have hit upon another market, you have the same problem. pay for the baby’s delivery of one of important underpinning of this bill, You are only insuring two, three, four, her employees. and that is personal responsibility. We five, maybe up to ten people, and you b 2130 are, through many initiatives in this are not part of a large insurance pool These kinds of tricks have got to end. bill, calling upon the American people and so your costs are very prohibitive. It’s time that we stand up for families to take personal responsibility for What we do in this bill is say that across America, make insurance mean- their health. not only can an individual go to this ingful, provide some stability, some se- You are right. It is very expensive, health exchange and be part of this curity, just like Social Security did in very expensive, and American families large insurance pool, but also a small 1935 and Medicare in 1965. These are the know it. They know that one of the business can do it. If a small business reasons that the costs have risen astro- types of commitments we are trying to can’t afford a small group policy or has make with the American people. nomically, and they are in the open en- one but it is increasing, the costs of We have great support as we launch rollment period now, and families I the premiums are going up, they can go the debate. I mean, let’s go over a few hear from, they can’t believe the rate into the exchange. They don’t have to of these great endorsements from just of increase. But they understand, espe- have all of their individual employees this week. Coming from the State of cially in a State like Florida where we and their family go into the exchange Florida, the AARP endorsement will have the second highest percentage of policy. They can go into the exchange ring out loud and clear because the uninsured out of the 50 States, that we and buy a small group policy, and it AARP advocates for older Americans are paying, the folks with insurance will probably be a better benefit pack- and our seniors. And the American are paying for the uninsured that show age than they have now. So they are Medical Association, also, doctors up in our emergency rooms, the most essentially buying a small group policy across America believe in our health expensive place to receive care, and that is part of a larger pool that brings reform initiative. those costs have to be paid for some- the cost down. Mr. PALLONE. If I could ask the how. Most often, it will make its way That hasn’t really been brought up gentlewoman to yield on that. onto the copayments, premiums, and very much. What you mostly hear is, is Ms. CASTOR of Florida. I will yield policies of American families that have my employer going to continue with to my friend. taken personal responsibility, and that his insurance or is he going to send me Mr. PALLONE. The major reason is just not fair. We can do better, and into this health exchange? The reality why the AMA, which is the major doc- through our Affordable Health Care for is that the business can buy a group tors association of this country, I be- America Act, we try to shift this very policy for a lot less and with better lieve supports the bill is two reasons: expensive way we deliver health care benefits in the health exchange. I think first of all, right now under Medicare and make a historic investment in you are going to find a lot of small the reimbursement rate for physicians wellness and prevention. businesses do that because they are as well as hospitals is rather low; it Communities all across the country going to get additional tax credits for doesn’t pay for the actual cost of their are going to have new incentives to it and it is just a better package. delivery services under Medicare. So build their communities in a sustain- So many people today complain not we have a major increase in here for able way. Our hospitals are going to only about the cost of health insur- provider payments, in other words, partner with universities and commu- ance, but when they actually buy it, it both hospitals and physicians. nities and nonprofits all across the doesn’t cover anything, or it covers Part of the problem under Medicare country to focus on the most effective very few things and there are a lot of is, I know in New Jersey it’s not hard way to reduce childhood obesity and out-of-pocket expenses. So we are also yet, but it’s starting to get more dif- encourage folks to refrain from smok- trying to eliminate those problems, ficult to find a doctor who will actually ing, the way we can really control that you can buy a basic benefit pack- take Medicare. If you’re on Medicaid, costs over the long term. age that has good coverage and that it’s almost impossible because the re- I appreciate the leadership of Chair- doesn’t have a lot of deductibles and imbursement rate under Medicaid is man WAXMAN and you, Chairman co-pays as well. That is an important about 30 percent of actual cost in New PALLONE. You encouraged me to offer part of the reform as well. Jersey, and we increase that rate as an amendment in the Energy and Com- Ms. CASTOR of Florida. I thank you well. merce Committee to encourage small for that. Small businesses clearly are With regard to hospitals, by elimi- businesses to do more in wellness ini- going to be big winners under this ini- nating the uncompensated care, be- tiatives. Big companies encourage em- tiative. cause now everybody is covered, they ployees to exercise and eat right and Just a couple of months ago, I had a are getting more money for Medicare, quit smoking. But, oftentimes, it is the roundtable of small businesses from more for Medicaid, and we have elimi- small businesses that are left in the the Tampa Bay area, and there is one nated the people that don’t have any lurch. Certainly in this economy, they great business that has a lot of those insurance, which basically, you know, do not have the wherewithal to initiate retail shops in the airports. They do they have to sort of eat that, it goes those types of wellness programs. But very well. She told me the story about into their balance sheet. So we’re going in our health reform bill, we provide trying to negotiate with health insur- to make it a lot easier for hospitals to grants to those small businesses that ance companies. The problem, unfortu- stay open. I’ve had two close in my dis- are willing to cut their health care nately, has grown over time where trict in the last 10 years because they costs through new wellness initiatives. there is not much choice. There are so were too dependent on Medicare and I know that it will pay great dividends few options. As these small businesses Medicaid, and they had too many peo- for families and those businesses. attempt to go out and compete with ple who didn’t have health insurance.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12569 I yield back. are eagerly looking ahead to the de- believe in, that we are just the Party of Ms. CASTOR of Florida. And that’s bate. We’ve had many, many months— No. That is such tragic injustice be- highly important because our hospitals many years waiting for real health re- cause there are about 40 bills that have oftentimes are taking care of folks who form for American families and older been introduced into this House by Re- do not have health insurance. So there Americans, and we are very close. I publicans saying what we wanted to do is a great amount of uncompensated would really like to thank my col- with health care reform, and we have care, and it feeds that vicious cycle in league, Chairman PALLONE, for his not had the opportunity for any of America where someone has to pay years of service on behalf of New Jer- those bills to be presented on this that cost. And it is put on to the backs sey families and Americans when it floor, and oftentimes even our amend- of families with insurance oftentimes comes to health care. ments are not allowed. having to pick up the tab for some peo- The Democratic bill that will soon be Mr. Speaker, for a moment let’s just ple who have not taken personal re- on the floor will finally deliver for ask ourselves, What has given America sponsibility for their health. American families, building upon those the most powerful economic engine and As we launch into the debate, it is fundamental values and early initia- force of productivity in the face of very heartening that we have groups tives that came under Social Security human history? It has been that thing like the American Medical Association in 1935 and Medicare in 1965. It has called freedom, that thing that allows and AARP on our side, along with the taken us awhile to get to this point, each person to pursue, to the greatest American Cancer Society, the Amer- but I think we will get home. extent possible, what they believe to be ican Academy of Pediatrics, the Amer- f true and good, whether it be in the ican Academy of Ophthalmology, the area of their own self-interest or the Campaign for Tobacco-Free Kids. I REPUBLICAN PRINCIPLES area of trying to help other people or mean, these lists go on and on. These The SPEAKER pro tempore. Under in the area of just trying to make a are Americans and interest groups the Speaker’s announced policy of Jan- better world, that we believe freedom from all across the country that have uary 6, 2009, the gentleman from Ari- created innovation, it created a sense been involved for years in trying to get zona (Mr. FRANKS) is recognized for 60 of almost dreaming about what could to this point to provide meaningful minutes as the designee of the minor- be. That innovation, I think, is prob- health care to American families, to ity leader. ably the most important difference in ensure that that insurance, when you Mr. FRANKS of Arizona. Mr. Speak- the effect of the Republican’s version pay those premiums and copays, is er, I have some prepared remarks to- and the Democrat version of health really something you can count on. It’s night about the Pelosi health care re- care reform. coverage that you can count on. form bill, but you know what I would Republicans believe that when health And then correspondingly, as we’ve like to do here in the beginning is just care is in private hands, that even the gotten smarter and realize we need to to talk about some things that Repub- providers of health care—sometimes do more in prevention and wellness, licans believe in. because they want to make money, we’re going to invest in a great new I have plenty of criticism about Ms. sometimes because they want to help health care workforce. It means a lot PELOSI’s bill, and I will definitely make others—but the providers of health to my home district in Tampa because that known in a few moments; but you care are always seeking new ways and we have a large research university, know sometimes I think it is incum- better ways to do things, new innova- the University of South Florida, with a bent upon all of us in this place, rather tion, ways to come up with new, less College of Medicine, College of Nurs- than just saying what we’re against, to expensive, but more effective proce- ing, College of Public Health, Physical say what we’re really for. dures. I think that we all delude our- Therapy directly across the street from Republicans have believed since the selves if we believe that we can accom- the busiest VA hospital in the country. beginning of the party that no matter plish making affordable health care The new loan repayment scholarships who one was, that they had the right to available to everyone if we don’t focus that will be provided to young people, be free, the right to live, and the right on this thing called innovation. or anyone that wants to find a job in to pursue their dreams. This is some- Let me, if I could, deviate and give the health care workforce, this is a thing that we have felt was the essence an example, Mr. Speaker. There was a landmark investment in that new of America from the very beginning. In time in America where the government workforce. When you look at the unem- fact, the Republican Party was born controlled our telephone company. It ployment numbers across America out of a commitment on the part of a was true that our telephone company— right now, the one sector where jobs group of people that believed that Afri- at that time we called it Ma Bell—was are being created and there are oppor- can Americans were human beings de- a private company, but it was almost tunities is in health care. It might be serving of the same protection that all entirely controlled and regulated by in IT, in the electronic medical other human beings had, even though government. Of course you know you records, but we are going to need a the Supreme Court of the United had one old clunker telephone and you modern health care workforce. Fortu- States had said that, under Dred Scott, had to dial the number, and of course nately, that’s what our initiative pro- that Dred Scott, a slave, was not a sometimes the operator would get vides. human being or not a full person under smart with you if you asked her what I yield to my friend. the Constitution. time it was. It was a government-run Mr. PALLONE. Well, I will just say, Of course, you know there was some system with all of the attending bu- I don’t want to call it a jobs bill be- unpleasantness about that debate, Mr. reaucratic nightmares. cause that’s not the major focus of it, Speaker; we had a great Civil War in And the equivalent in today’s dollars but it essentially is. this country. But the commitment on for long distance would be about $3.10 a This is an economic issue. We are the part of Republicans to restore minute. It was a real disaster. Now, it creating jobs, and we are certainly equal protection to all people regard- was nice just to have a phone system, making it a lot easier for businesses to less of their station in life sustained but the reality is we never really saw a function because they don’t have all them in that crucible of that horrible great deal of innovation. these additional costs that are associ- Civil War, and I hope that Republicans But then, when I was just a young ated with more expensive health insur- will maintain their commitment to man in the legislature, we decided that ance. that no matter what happens. maybe it was time to break this thing So this bill actually addresses a lot We have been debating a great deal up and give it to the private sector and of economic problems in a significant on trying to make equal access to see if they couldn’t do something bet- way. I would characterize it as a jobs health care in this country, and Repub- ter with it. And what happened was bill, and in some ways as an economic licans believe in that with all of our profound; we created a system that recovery package as well. And, again, I hearts. I’ve often heard in this Cham- would serve everyone. In other words, yield back. Thank you. ber, What are the Republican ideas? we told those companies that if you’re Ms. CASTOR of Florida. Well, I think They have challenged us and said that going to provide telephone service, as we begin to close our hour out, we we really don’t have anything that we you’ve got to make sure you provide it

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12570 CONGRESSIONAL RECORD — HOUSE November 6, 2009 to the senior citizens up in the moun- If you’re a bureaucrat, you have a as well, but it is still the safest way tains or something like that that certain amount of money, and you are that we can use the mechanism of gov- wouldn’t be able to compete in the reg- tasked with the job of delivering the ernment to somehow provide for those ular process. We’ve got to make sure service in your mission plan. It’s not who are less fortunate. that they’re taken care of, and they an evil or a bad thing. It’s just a bad In the final analysis, it is important were. system. It just doesn’t work very well, that we empower the individuals and But something else very wonderful Mr. Speaker, because the bureaucrat not empower government, but if we did happened, Mr. Speaker. When we kind of has two options. He is not in it the right way, if we could see inno- turned the telephone company and charge or she is not in charge of innovation occur, Mr. Speaker, and if we broke it up and said now we’re going to vation. He is in charge of the delivery could put this thing back the way that let the private sector come up with the system that government doesn’t de- the Founding Fathers first envisioned innovations that they could and we’re liver very well. it, health care would be one of those going to see if they can provide a bet- He has to make kind of a calculation. magnificent advanced systems in ter mousetrap for the country, if they Well, we’ve got so much money, and we which everybody would be able to go to can provide better telephone service at want to make the services available, their own doctors and say, Well, you a cheaper price, look what happened, and sooner or later, he or she runs out know, I’ve got this problem, and they Mr. Speaker, look what happened. of money from the budget—it always say, Well, you know, we’ve got this Today we have cell phones, almost happens—and they have to make some new system that could really fix it. I’ll give you one example, Mr. Speak- everyone does. You can pull up the Li- very hard choices. When that occurs, er. It is something that is completely brary of Congress on your cell phone. It there is rationing or somehow they will untested yet, and it is something that is astonishing. The BlackBerrys that distribute it in ways that are more isn’t finished, and it is something that we carry around here can send mes- amenable to the budgets that they doesn’t work yet, but there is an effort sages anywhere on Earth, and we can have. It’s just a very difficult situa- to try to treat cancer in a new way by even pull up our Web site. Boy, I’ll tell tion. injecting a substance into the body you, for those that are narcissistic, I’m sorry that bureaucrats have that that disperses throughout all the cells that is a great little item. And it is difficulty. It’s a difficult thing to be a in the body. It even passes the blood- just an amazing thing what has hap- bureaucrat, and I kind of feel sorry for brain barrier, and it literally is able to pened. them, but I don’t want to make more be disseminated into every cell. Now, And guess what else has happened, of them, Mr. Speaker. I don’t want us that is the theory. I want to emphasize Mr. Speaker? Today, long distance is to lose sight of the greatness of Amer- in the strongest possible terms that we around 3 cents a minute; sometimes ica and forget that it is not too late to don’t have this kind of process or pro- it’s less than that. It’s getting to the make a better world. We cannot give cedure yet, and it’s too bad that we point where a lot of the companies are up our freedom and expect that some- just offering a system that you can don’t. how socialist policies will do the same say, well, you’ve got unlimited dialing In any case, the dream—the hope—is thing for the family of man as this and phone and voice and text now that that this substance would disperse thing called ‘‘freedom’’ has done for you can use all you want for $50 a throughout the entire body and that America. It has never happened. the person would be left in a dark envi- month. Isn’t that amazing, Mr. Speak- Any time you have ever turned over er? But that was because innovation ronment and that within about 24 any major process to a socialist envi- hours this substance would disperse occurred. ronment or to a socialist enterprise— I truly believe that this country has out of the body or would be changed in that’s really a bad word. ‘‘Enterprise’’ shown a proclivity to create innovation nature to where it would be diminished and ‘‘socialism’’ don’t belong in the that could absolutely revolutionize the or dispersed or eliminated and that the health care industry in a way that al- same sentence. Any time you turn it only cells which would retain it would most none of us can imagine at this over to a socialist, bureaucratic sys- be cancer cells and that, when this sub- moment. Would we have imagined 25 or tem—again, ‘‘system’’ is probably stance is exposed to very bright light, 30 years ago that the telephony, the being pretty charitable—what happens it would turns toxic and would kill telephone systems of this country, is that all of the ways to improve the only the cancer cells. would be so amazingly transformed system are diminished or are com- What an incredible idea. What an in- when we put it into private hands? pletely eradicated. credible dream. Now, I know it’s a long Now, it was true that some of the peo- So, Mr. Speaker, I think it’s impor- ways away. I know there will be people ple that were in that area were moti- tant that we don’t lose sight of what who will like to pursue something like vated by profit. Some of them made made us a productive country. In that that. It’s just not available yet, Mr. money, some of them lost money, some sense, what Americans need to realize Speaker, but it could be, I believe. I be- of them went broke. It was a typical is that there are ways that we can im- lieve, if we turn the minds of free peo- free enterprise situation. All the chaos prove the health care system. There ple loose, that all kinds of wonderful and the attending realities went along are ways that we can fix what is bro- things can happen. Something like with that. People went broke; people ken without breaking what is working. that would cost a few thousand dollars, made money. But the end result was About 83 percent of Americans be- not the tens of thousands or the hun- the American people were served in a lieve that the health care system is dreds of thousands that are spent on wonderful way and today we have the working for them. Now, there are many advanced cancer surgeries and treat- most magnificent communication sys- people who simply cannot afford health ments today. It could change every- tems in the world, and almost everyone care insurance, and they need it and thing. Yet, if we don’t allow the free takes part in that. they want it. Republicans have come market and free people to pursue those The poorest of the poor have a better up with a very simple approach to that, kinds of things, they will never occur, life because we deregulated the tele- and that is either through tax credits because one thing is very certain in a phone companies. And it had this mag- or through some type of drafts or government-run plan: There are just no nificent effect on all of America. And vouchers or something along those pursuits of those kinds of things. That now we are able to do things that we lines that we can put in the hands of is one of the great tragedies of forget- never could have done before. people who cannot afford health care ting that freedom still works. insurance, and we let them then be em- Mr. Speaker, Republicans believe b 2145 powered to go out and to buy health that there are ways that we can em- Yet it seems like, when government care policies from the private sector power individuals to be able to go out has something, that innovation is sti- which best meet their needs. and do things for themselves and that fled and that the things that would cre- Now, there is still a raging debate we can empower even those who cannot ate a better system are somehow sup- about how much we should do or how afford health insurance to buy it on pressed. Because, after all, what is the we should do it or if we should do that. their own and that we can still main- incentive for innovation in a govern- I understand that because I think that tain this free market freedom that we ment-owned system? can move us in a dangerous direction talk about so often.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12571 I truly believe in things like allowing first 10 amendments—the Bill of The Constitution is just 37 simple us, as individuals in America, to be Rights—people wonder, now, if you can pages. able to buy our insurance from any in- build a Nation off of 37 pages, why does Like you said, which is a great way surance company in America. We can’t it take more than 2,000 pages to build a of putting it, the Constitution chained do that now. If you’re in one State, you health care system? It’s very simple. government and put limits on govern- can only buy, in most cases, across the If you go through and take a look at ment. This health care bill chains you State that you’re in. There are about the first 10 amendments to the Con- and me and each and every one of our 1,400 or 1,500 insurance companies in stitution, the first 10 amendments to constituents because, in this bill—I’ve this Nation. If we could allow people to the Constitution are all about enshrin- not counted them all, but I think buy insurance from any of those, can ing freedoms: Congress shall make no someone has said that it has the word you imagine the competition that law respecting an establishment of re- ‘‘shall’’ in it—what?—over 3,000 times. ligion. The right to bear arms shall not would occur? Can you imagine the Mr. FRANKS of Arizona. If the gen- be infringed. The right of the people to ways that they would work to try to be tleman would yield, I will give you the be secure in their persons, houses, pa- the ones to sell you your insurance? exact number. The word ‘‘shall’’ ap- pers, and effects shall not be violated. Can you imagine how much nicer they pears in this bill 3,425 times. would be on the phone? Can you imag- It’s all about ‘‘the government shall Mr. HOEKSTRA. So, where the Con- ine that, when something would go not.’’ ‘‘The government shall not.’’ stitution has in it the words ‘‘shall wrong, they would try to work with Again, it enshrines your freedoms and not,’’ I would bet that those two words you as much as possible because they my freedoms. ‘‘shall not’’ do not appear together would know, if they didn’t, they would The health care bill is 2,000 pages. very often in this health care docu- lose your business? What’s in that bill? What’s the dif- Unlike a private system like that, in ference between that document and ment, but over 3,400 times it says a government system, if bureaucrats this document? ‘‘shall.’’ It’s the Health and Human make you mad, tough luck. It doesn’t Mr. FRANKS of Arizona. Reclaiming Services ‘‘shall,’’ and most impor- really matter to them that much. my time here, Congressman HOEKSTRA, tantly, it is the commissioner ‘‘shall.’’ There is no incentive for them to even the main difference is that that docu- What we’ve done is we’ve taken the be kind to you. You only have one ment that you hold in your hand pri- rights from this. We’ve taken them place to go, and they know that. They marily chains down government. It dic- away. We’ve put them into this health have a monopoly as it were. I just tates to government, not to the indi- care bill, and we’ve said the commis- think that that’s one of the Republican vidual. It empowers the individual. sioner now shall make these decisions; You know, when George Washington ideas that could be very helpful. shall make the decision as to what Another one is just tort reform. You and some of the other Founding Fa- kind of insurance policies are available know, a lot of people don’t know what thers put this together, they did some- to you and to me and to our constitu- that word ‘‘tort’’ means, and something that was singular in history. ents and which ones are not; shall de- times I wonder how they came up with They were in a position to arrogate all termine what benefits are going to be that term. It simply means that we kinds of power under themselves. They in a basic plan and which shall be would try to have some sort of legal re- had just thrown off the Crown. They available in a premium and in a pre- form that would end these frivolous had done some amazing things. The mium plus plan. lawsuits which cause medical mal- people of this Nation loved them, and The commissioner shall decide practice insurance to rise through the they could have had any kind of power, whether you and I can get health sav- roof, and it would make all the dif- any kind of government mechanism, ings accounts. Actually, we’ve already ference in the world. really, that they had tried to put to- made that decision. That’s a decision I mean the fact is that just what we gether, but they did something very that we in this House shall decide be- could save on stopping frivolous law- amazing, and it has changed the world. cause health savings accounts will no suits, Mr. Speaker, would buy every They said, for once, we are going to longer be available. empower the individual. We are going one of the 11 million people who we are So it is a great transfer of power to give the individual the rights, and projecting don’t have health care in- from where the Founders wanted it to we are going to tell government what surance, who can’t afford it but who be to where now this House believes it it can’t do rather than tell the people would like to if they could, a Cadillac should be, because this House now be- health care insurance policy. I just what they can’t do. Mr. HOEKSTRA. If the gentleman lieves or may believe—I hope we stop think that it is astonishing that we this bill because, before I came here, don’t pursue things in that direction. would yield, I was having this discussion with a friend of mine. you outlined some issues. They’re not There are so many things that we can simple. They are complicated issues— do, and Republicans have some ideas to He said, You know, you’ve got to get away from that term ‘‘empower.’’ tort reform, competition, availability, do that. and those types of things. I told you, Mr. Speaker, that I have Actually, that’s exactly it. It’s em- about 15 minutes of prepared remarks powering the very foundation of Amer- on Ms. PELOSI’s bill, and I intend to ican society and American Govern- b 2200 ment. We made that decision more give those, but first, if he would be in- But those are the types of things that than 200 years ago that, in America, we clined, I would like to yield to my we could do that would address the spe- would empower the individual, and the friend, Congressman HOEKSTRA, if he is cific problems that we have in the Constitution enshrined that, and it has prepared to speak to the issue at all. health insurance market and that we Mr. HOEKSTRA. I thank my col- worked phenomenally well. This bill—I don’t have it with me. I have in the health care area today that league for yielding. would specifically fix those areas and As we are moving forward now—and don’t take it with me because you don’t carry it too many places. It’s 20 make insurance more affordable and it looks like we are going to move for- more available for the people who don’t ward on this debate and vote on the pounds. Tomorrow, we are going to un- roll this bill. We rolled it up as a scroll. have it today, whereas this new mas- Pelosi health care bill, and we’re going sive bill says it’s going to change for to have a massive government take- It’s more than a third of a mile long, meaning that I could leave my district all of you. The commissioner shall de- over—I would just like to have a dia- cide. logue with my friend to talk about in West Michigan and go to Chicago. I some of the issues that the American could stand on top of the Sears Tower, For those of you that have a health people need to consider. and then I could put the Washington care plan, you can keep it for 5 years Before I came over, I think I heard Monument on top of it. I could drop it, maybe. But after 5 years you can be my colleague talking about some of and it would be from the top of the pretty well assured we all shall have a this, and I know what a fan you are of Washington Monument on top of the new plan that shall be determined by this document right here, called the Sears Tower, and it would just about the commissioner, and we shall not be Constitution. get to the ground. That’s how long this able to buy anything else. You know, as you go through the bill is. It’s more than a third of a mile Mr. FRANKS of Arizona. Mr. HOEK- Constitution and as you go through the if you lay the pages from end to end. STRA, the reality is that word ‘‘shall’’

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12572 CONGRESSIONAL RECORD — HOUSE November 6, 2009 should be pointed out as to what that Then they allocate it according to peo- fenced in, and they can’t get out any- means in this place. ‘‘Shall’’ is the pre- ple who may be more powerful than where else. The only place they can go eminent word of law. In other words, others, that’s why your State and my is stay in the median, or if they want that is, if there is any single word that State, why we are donor States. At one to move at all, they get on the road. It makes law, it’s that word ‘‘shall’’ in point in time it was to build an inter- really didn’t work that well. The Fed- this place. You can say ‘‘may,’’ that’s state highway system. Today that eral Government, in its infinite wis- permissive. But ‘‘shall’’ or ‘‘shall not,’’ money is used for all kinds of things. dom, saying you shall spend it on a those are the key crux of all law in a That money now comes back to Michi- turtle fence. And the people say, PETE, sense. gan, and we’ve got to put up matching why do you bring this up in the context It’s astonishing to me that we forget funds. Two years ago the money came of health care? Why are you and TRENT that law is force. I had a wonderful back and it had to go to highway en- talking about this? friend many years ago that was in the hancement. You kind of look at it and We will see the same kinds of deci- State Senate. He said always remem- say, What’s highway enhancement? sions in health care. The money will ber, TRENT—I was a very young man— Well, our Governor figured out, work- come here, and it will not be fairly dis- he said, remember that law is the gun. ing with the Department of Transpor- tributed to the States, just like you He had big envelope on his desk. He tation, that the ‘‘shall,’’ you shall use are a donor State and we are a donor had an old World War II pistol in it this money for highway enhancement State, and there are other States that that was disarmed, and he always meant that rather than improving our are getting an unfair share. The same pulled it out and he said, The law is the interstate highway system by expand- thing is going to happen to health care. gun. It is force. The word ‘‘shall’’ is ing capacity, perhaps putting on a new One of these days a Congressman what puts force to it. When you have interchange, perhaps extending it into from Michigan is going to come back this word ‘‘shall’’ 3,425 times in a bill, an area where we needed it extended, home and someone is going to say, I that’s a lot of force. That’s a lot of gov- the ‘‘shall’’ meant you shall build a was traveling through West Virginia, ernment arrogating great power unto turtle fence. we got sick, and why do they have such itself and taking it away from the peo- And what’s a turtle fence? Well, in better medical care, and their facilities ple. Arizona, you probably don’t have many are so much better than Michigan? Mr. HOEKSTRA. You and I have a turtles. And the answer will be, well, you tremendous amount of background in Mr. FRANKS of Arizona. We don’t know, over the last 30 years of this dealing with legislation that has a lot have many turtles. Pelosi health care, West Virginia got of ‘‘shall’’ in it. We can go back, you Mr. HOEKSTRA. Well, in Michigan $1.74 back for every dollar that they and I weren’t here, but we can go back we have quite a few. It was $400,000 for sent in taxes and Michigan and Ari- to a very novel and noble idea, the you shall build a turtle fence, you shall zona, they got 83 cents. There will be highway transportation bill back in not use it for an interchange, you shall an inequity in health care. 1956 under the administration of Presi- not use it to fill potholes, you shall Then the other thing it will be is dent Eisenhower. The goal was very, build a turtle fence. I didn’t really we’ll start spending it on foolish things very good—build an interstate highway know what a turtle fence was. I had an because people here in Washington will system, something that was very, very idea, but I asked. all have their pet projects, whether it’s much needed, and we built it. That A turtle fence is exactly what it’s in- rattlesnakes or whether it’s turtles, thing still exists. tended to do, what you would think Now what has it become? It has be- they will start siphoning the money off when you hear the term. A turtle fence come this massive bill, this massive and growing it to something it was is intended to keep turtles from cross- process where we take all of this never intended to be. money from the States, so a State like ing the highway. Mr. FRANKS of Arizona. I’ve heard a Mr. FRANKS of Arizona. We need a Michigan, and I don’t know if you are lot of strange stories about bureau- rattlesnake fence in Arizona. a donor or a donee State. cratic programs, but one that drives Mr. FRANKS of Arizona. Arizona is a Mr. HOEKSTRA. I don’t know if a peace-loving turtles to suicide is just donor State. snake can go over a fence or not. But about too much, isn’t it? Mr. HOEKSTRA. All right. Let’s ex- in Michigan, they decided to make sure Mr. HOEKSTRA. Well, it is. plain to our colleagues and our visitors that this fence would be turtle-proof, You and I have another program that in the gallery exactly what a donor to make sure that no turtle would go I believe you and I fought together: No State means. It means that Michigan, over the fence, they built it about 3- Child Left Behind. Congress in its infi- we send, on every gallon of gas, there is feet high and then they put one of nite wisdom in 2001, again with the no- something like a 19-cent tax. For the 53 these round things over the top of it, 3- blest of goals, just like building an years that this program has been in ex- or 4-inch diameter, to make sure that interstate highway system, just like istence, for every dollar that we have for those turtles that were climbing making sure we left no child behind, sent to Washington, Michigan has got- turtles, they couldn’t climb and climb just like making sure we want every- ten back 83 cents. People wonder why over the fence. body to have quality health care? What roads in Michigan aren’t in great The irony of this whole thing is I did we do in 2001? You and I voted shape. still drive that road and I drive it quite against it, I believe. I had a constituent a couple of weeks often; and I still see turtles that have Mr. FRANKS of Arizona. Yes, we did. ago come to me and say, Congressman, been hit by cars. You say, now, how Mr. HOEKSTRA. We said taking why can’t our roads be like West Vir- can that be? We’ve spent all of this power from parents, and you and I are ginia? We checked. For the average of money. We spent $400,000 to build this working on this constitutional amend- 53 years, West Virginia has gotten $1.74 turtle fence and to study it. Why are ment together that enshrines in the back for every dollar that they put in. there still turtles being hit on that Constitution that parents have the That’s a pretty good deal. No wonder highway? right to raise and educate their kids, their roads are better than our roads in Then you think about it and it’s like, protecting parental rights. Michigan, because they get $1.74 back. I know why, because this protects the Again it says, Congress shall not, Michigan gets 83. I don’t know what turtles that are outside of the fence, government shall not infringe on the happens in Arizona. because they can’t get to the highway. right of parents to raise and educate Mr. FRANKS of Arizona. It’s in the But it’s really a bad deal for the turtles their kids. We are enshrining rights. low nineties, Mr. HOEKSTRA. that were fenced in. They have no- No Child Left Behind took rights away It seems like what happens every where to go. They can’t get out. Most from parents and gave them to govern- time you send something into the Fed- of their living area now is the median, ment. eral Government for them to send back and a little bit of land on each side of Washington now forces States and or disburse, they always whack a little the highway before you get to the local school districts to go through piece of it off as it goes by, don’t they? fence. But for the turtles that are in this paperwork and determine this Mr. HOEKSTRA. They whack a little the fenced-in area, they can’t get to process. Well, we’ll determine whether piece off, it goes into this bureaucracy. the river anymore, because that’s your kid is making progress or not.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12573 We’ll tell you who is a good teacher or Pontiac public schools. I give him cred- our States so we can actually get our a bad teacher, what school is a good it. They took the Federal Government own money back. So there is the in- school or bad school. to court and said this is unconstitu- fringement and the intrusion of the You know what? I don’t need to send tional; it is unfair and inappropriate Federal Government on the highway money to Washington and have them for the Federal Government to have system. come put a bunch of paperwork and try these kinds of mandates on our The same thing on education. Michi- to tell me that. schools, because what’s the other thing gan has now gone through a process Mr. FRANKS of Arizona. You know that they do? When they say in No and they are considering some spend- that’s right, Mr. HOEKSTRA. It’s amaz- Child Left Behind, you shall, they ing bills. And part of the spending bill ing to me the parallels that we see in don’t give them the money to do it. is, well, you know, if we do this, we can these things. When we talk about edu- He said, or the school district said, get more Federal education money cation, I think it’s pretty significant to you can’t put all of these unfunded back, or we can get more Medicaid remember one basic equation. That is, mandates on us, because what you are money back. that one of two people will decide the forcing us to do is to spend money on It is kind of like, why do we have to academic, the spiritual, the philo- programs that we don’t think are a pri- put up our own money to get our sophical nature or the substance of a ority for our kids. We know our kids. money back in the first place? And child’s education. One of two people We know their names. We know what think if we left it in the States. will decide what that’s going to be. It their challenges are. We have got these I think this is where we as Repub- will either be a parent that would pour sets of priorities that we think we need licans lay out our vision for the future. their last drop of blood out on the floor to spend on our kids. That super- I think one of the parts we are going to for that child that they love very intendent and those teachers and those see on health care, on transportation, much; or it will be a bureaucrat who parents and that community, you are it is going to be devolution. Leave the doesn’t even know their name. right. They know those kids’ names. money in the States. Send a penny out I would suggest to you that that’s They know what those kids need, and of every dollar to Washington to let the same thing with this health care they want to spend the dollars to get them maintain and, if necessary, ex- bill, that the parallel is profound here. the most advancement for those kids. pand the interstate highway system. We are either going to have one of two But leave 98 or 99 percent of the money b 2215 people make decisions in health care. I in the States. mean, we might have a little bit more The bureaucrats here in Washington, We ought to do the same thing with involvement by the doctors, but ulti- what do they know? They know the education. Devolve education respon- mately the ones that decide what book of rules and regulations and say, sibilities to the States. I don’t need to treatment they have or don’t have, it’s sorry, it says right here, Congress says send a dollar here and only get 65 cents either going to be the patient or some you shall do these things. All I can do back for the classroom. bureaucrat. is make sure that is what they do. That Do the same thing for Medicaid and Because the patient, when they are is, again, exactly what is going to hap- health care. Don’t take health care talking to their own doctor, if the pa- pen in health care. down the same failed road of moving tient is empowered, they can always go Mr. FRANKS of Arizona. I would sug- all of this power away from individ- to some other doctor. But when we gest that one of the more frustrating uals, away from communities, away have this Pelosi nightmare shoved things about all of this, like in edu- from States, to bureaucrats in Wash- down our throats, I am convinced that cation, what happens when government ington who will distribute it unfairly. all of a sudden those decisions that controls it is the wealthy can still do The powerful will take more to their were better made by the patients will pretty much what they want. Wealthy States. They will give less to the other be made by some bureaucrat. families in this country can choose pri- States. The powerful will then estab- Mr. HOEKSTRA. You and I in 2001, vate schools for their children, because lish the mandates so that we will run we didn’t call it the Pelosi nightmare, they have the extra money to do it. health care the way they believe it we called it, in not so many words— The poorest of families do not. They should be run, not the way that mar- maybe we’re a little kinder—but we are stuck in a system that government kets or individuals who want to direct both genuinely felt it was the Presi- controls and runs and almost always their health care want it to be run. And dent Bush nightmare for education. makes it substandard because of that they will be inefficient. What have we found out? There were 41 reason. The bottom line is, it won’t work. of us, 41 of us that I believe stood up The same thing will happen in health You and I know it. And we have seen for the Constitution, stood up for par- care. The wealthy will figure out some the numbers. No Child Left Behind is ents, stood up for local public schools, way to get around this. We have offered not working. We are leaving more kids stood up for the States and voted ‘‘no’’ amendments, as you know, Congress- behind. on No Child Left Behind. man, in this body to say for those peo- Mr. FRANKS of Arizona. It is always Eight years later, there are a lot of ple who either voted for it, or at least amazing to me, if we just happen to be people who now recognize that program Congress, if they are going to have to a cursory student of history, that we doesn’t work, it’s leaving more kids be- pass this thing, should have to live can look back and see the highway of hind, it’s wasting money. And the an- under it themselves. Those amend- history is littered with the wreckage of swer some people have now is, we’ve ments get voted down overwhelmingly socialist governments that thought got to spend more. And it’s kind of because there are not too many Mem- they could manage productivity and like, no, when you’re sending a dollar bers of this body who want to live that they could create a better dis- to Washington and the thing that you under a government-run health care tribution system than the private mar- highlighted, Washington skims off the system. But they are willing to put it ket. I don’t want to join that litany, top or bureaucracy skims off the top. on those people who have no choice, and I know you don’t either. We now know that under K–12 edu- and there is something fundamentally You keep making the parallel in education, when we send $1 from Michigan, wrong about all of that. cation. I think it is kind of interesting whether it’s from Holland or Lansing Mr. HOEKSTRA. Yes. What we have that, in Canada, they started this gov- or Detroit or Pontiac and it comes to seen in the highway system is where ernment-run system, and they ran into Washington, before it ever gets back the money comes to Washington, it so many problems that people are now into a classroom, we are actually doing gets distributed unfairly, and it comes suing to get their freedom back. It is what education dollars should do, back to States with mandates on it as very difficult to get it back. It is the which is educating children. We figure to where they will spend it. same thing with education. that we lose about 35 cents of that dol- It is hard to believe. You send the Mr. HOEKSTRA. They also can opt lar in wasted bureaucracy. money to Washington, and to get it out. They do two things in Canada. I tried to talk to the super- back you have to have matching funds. They cross the border and come across intendent—he and I have not been able So now they are also starting to im- into Michigan to take advantage of our to connect yet—the superintendent of pose taxes on the citizens of each of quality hospitals and our quality

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12574 CONGRESSIONAL RECORD — HOUSE November 6, 2009 health care; and for those that have a said the bill has been out there 8 days. cated it was 3 o’clock at night, and the little bit more money, they fly down to In reality, of course, as we sit here or Rules Committee was doing what they Arizona, especially in the winter, and stand here on the floor of the Chamber are doing right now, and then slipping take advantage of your quality health of the House of Representatives, the the bill basically in the dead of night care. They have got an escape valve. People’s House, upstairs right now is to us, 300-some odd pages, and then Mr. FRANKS of Arizona. If they have the Rules Committee still debating, or having us vote on that bill, when you a cold, they call a doctor up there. If not even debating, just listening to the know that no one had actually read they have cancer or something serious, Republicans make their arguments and understood the bill. they call a travel agent. against the bill. Just like that 1,000 page bill before, Mr. HOEKSTRA. If they have the re- The final bill, as you are well aware, now we are looking at a 1,990 page bill. sources. has not been created. The final bill, as Even if you are one of those speed read- Mr. FRANKS of Arizona. Mr. Speak- you are well aware, has not been put to ers that can actually get through 1,990 er, what I would like to do, I hope in text. The final bill has not been pre- pages, you know you will not under- the next hour I will be afforded the op- sented to the American public, which is stand the bill. And I will close on this portunity to give my written com- really strange when you think about it. and yield back, that that 2,000 pages ments, but I would like, if I could now, Because back on September 24th, also cross-references to a whole series to yield to the gentleman from New Speaker PELOSI said to the media and of other pieces of standing legislation Jersey, Mr. GARRETT. to the American public that she would you have to understand as well. Mr. GARRETT of New Jersey. I ap- give the American public 72 hours to be So no one who is about to vote on preciate the gentleman from Arizona able to read the final version of the bill this bill tomorrow, if we do vote on it yielding, and I will be listening on the before it came to a vote. tomorrow, will have read and under- edge of my seat to hear your written Mr. HOEKSTRA. If the gentleman stood the bill, and that is a travesty to comments momentarily. But I wish to will yield one more time, I think the American public. join in with the discussion. maybe that is why we are doing this on Mr. FRANKS of Arizona. I yield to I commend your work. I have been Saturday, because they will finish the the gentleman from Illinois. watching for the last 45 minutes your bill tonight, sometime tonight, and file Mr. ROSKAM. I thank the gentleman discussion, and I know you have begun it, I would guess, sometime through for yielding. to make the shift over in the compari- the night. And since most people have For those that are unfamiliar with son with regard to No Child Left Be- Saturdays off, maybe the Speaker is the Capitol grounds here, it is really a hind. figuring that maybe everybody can thing to behold. Here we are, the four In reality, of course, maybe you have have Saturday morning and Saturday of us that have this great privilege of already said this, with the huge bur- afternoon to really study this bill, and being in conversation, not just with den, intergenerational burden that this if they have some input they want to one another, not with just the House of bill will create, of course, what we are give us, if they have some input they Representatives, but really with the really talking about is no child will be want to give us, they can maybe do it American public, on this season of our left a dime. before 6 o’clock on Saturday night, life that we have really not seen before. Mr. HOEKSTRA. We are not going to when we are currently scheduled to educate them, and we are going to put I was walking outside a couple of vote. minutes ago, and I glanced up at the a huge debt on them. Yes. Thank you. That is actually brilliant on the dome, and the light on the top of the Mr. GARRETT of New Jersey. We are Speaker’s part, because I think most dome was on. And those who have not indeed going to be placing a huge debt. Americans are going to be just eagerly been to Washington, D.C., before know This is going to be an intergenera- waiting to get this bill and go online that that is really a symbol of freedom. tional travesty for the next generation, and read it tomorrow. When that light is on at the very top of for our children and their children as Mr. FRANKS of Arizona. I think the the dome, that signals that freedom is well, and that is the interesting thing. gentleman is being entirely too cyn- under way, democracy is afoot. Just yesterday, Thursday, at noon, ical. I think the notion that any of the there were literally tens of thousands Americans are going to read a 2,000 And I just decided, I literally have of people outside, just outside the steps page bill in the 6 hours that they will my trench coat, it is a cold evening of this Capitol, people who are inter- have, we have got maybe five speed here in Washington. My trench coat is ested in freedom and liberty coming readers in the country that can do literally over there. I walked up the down here to have their voice heard. that. So I think you are being too hard stairs and walked in, and I thought, That despite the fact, I might add, I on them. who is on the House floor? And I wasn’t know there were some reports in the Mr. GARRETT of New Jersey. Cyn- surprised to find the gentleman from paper from Members of the other side ical, or maybe overly generous to the Arizona. I wasn’t surprised to find the of the aisle, the Democrat side of the other side of the aisle, that the major- gentleman from Michigan. I wasn’t sur- aisle, that said, basically paraphrasing, ity and Speaker PELOSI would be so prised to find the gentleman from New I am not sure why people are coming to kind to allow the American public even Jersey. Because I think what the four Washington and why people are calling, that much time, when she specifically of us have an understanding of is that because they have made up their mind made the promise of 72 hours. Seventy- this is a time of choosing. already, which is also a travesty. two hours, what is that? That is 3 days. We are all familiar with the book of Mr. HOEKSTRA. The amazing thing And even at that, 3 days is a short pe- Genesis and the story of Isaac. Isaac is they have made up their mind. The riod of time, I think we all would had two sons. One was Esau and one bill has been around for all of 8 days, agree, to read 2,000 pages and get was Jacob. Esau was the oldest son; and we have never had the opportunity through it. and, as the Bible tells that story and as now to take it home to any of our con- Remember back just several months we all know, in that culture at that stituents or whatever. ago, when was it that we had the cap- time, the oldest son had the lion’s But I was struck by reading the same and-trade bill on this floor. That was share of the inheritance, right? Really, comment. It was also laced I think the end of July, I believe, or August. when the old man died, he had every- with some profanity and saying, we Mr. HOEKSTRA. Well, when they thing coming to him. don’t care. We have made up our mind. added 400 pages. As the story goes, Esau is out in the The inference was, I think, we could Mr. GARRETT of New Jersey. When field. He comes in. He is hungry. He have 100,000, we could have a million they added the 300 or 400 pages to the says to his younger brother Jacob, ‘‘I people out there. We don’t care. bill, and you had Members on the other am hungry.’’ Jacob is making some Unbelievable. Who do these people side of the aisle say, well, they had stew. Esau says, ‘‘Give me some stew.’’ think they work for? read the bill. There again, you have to What does Jacob say? ‘‘Give me your Mr. GARRETT of New Jersey. Right. remember the somewhat disingenuous birthright.’’ And Esau, like a fool, I think you are being overly generous statements, because there again, look- gives his birthright away for what? For to the other side of the aisle when you ing at a 1,000 page bill, and you indi- a pot of stew.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12575 The political left in this country is uncertainty into the business climate. away their birthright or the freedom coaxing the American people right We’ve loaded up the debt. People were that I hope that they will walk in now, who are very uncertain. We are in talking about, you know, the debt someday. I want them to stand in the uncertain economic times. They see under President Bush. In 1 year they’ve light of the freedom that we see on the health care costs that are skyrocketing tripled the deficit from what, $450 bil- top of this Capitol dome. May it be. out of control. They have concerns lion. And that was the deficit under the f about preexisting conditions and jobs Democratic Congress. I think the last HEALTH CARE and a whole host of other things. And time Republicans had control, the def- the political left is saying, give us your icit was around $250 billion. It was The SPEAKER pro tempore (Mr. birthright of freedom. Give us your going the other way. It was going MURPHY of New York). Under the birthright of opportunity. Entrust it to down. Ever since the Democrats have Speaker’s announced policy of January us, who can’t balance a budget, who are been in charge of Congress, it’s been 6, 2009, the gentleman from Iowa (Mr. spending your children’s prosperity going up, so that we are now at $1.4 KING) is recognized for 60 minutes. Mr. KING of Iowa. Thank you, Mr. away, and trust us. trillion in a single year deficit. Speaker. I appreciate the privilege of What I think I am sensing, and I All of these new taxes and new spend- being recognized by you, the Speaker think what all three of us are sensing, ing out there—the deficit is projected and address on the floor of the House of the American public is saying, whoa. to be what, $1 trillion every year for as Representatives in this seamless effort Whoa. We are not going to trade a far as the eye can see, and people are that we have to stand up and defend birthright away, for what? For noth- wondering why there’s not job cre- the freedom that this country needs. ing? To entrust the future to people ation? It’s not hard to figure out. I This has been for a long time about so- that literally cannot balance a check- yield back. cialized medicine, socialized health book? People who have taken our na- Mr. FRANKS of Arizona. I will just put this in my own perspective the best care, the reason that so many people tional debt and will double that came to this Capitol and so many peo- amount in 5 years and will triple that I can here. I have always believed, as I know the three of you have, that the ple have all across this country laid amount in 10 years? That is incredibly out and stood up and gone to congres- true statesmanship was the effort to sobering. sional offices and joined in their try to look to the next generation. So here we are on the brink of Speak- groups, the tens of thousands of people Someone said that a politician looks to er PELOSI grabbing control of one-sixth who were here yesterday and so maybe the next election, whereas a statesman of the American economy, one-sixth of people that are looking across the looks to the next generation. Some of the American economy. As we speak, country, jamming the telephone lines, those issues have been my life. I was the Rules Committee is meeting. They doing everything that they can. Mr. the director of what Arizona’s version have not had the opportunity to fully Speaker, the American people don’t is of a children’s department. We’ve al- vet this bill. want this socialized medicine. I under- ways wanted to try to look to the fu- It went from 1,000 pages that was fun- stand that the gentleman from Arizona damentally rejected by the American ture and look to next generations. has a presentation that he would like public over the August recess, fun- That’s why I was so intrigued by the to make in a window here for a few damentally rejected by the thousands gentleman from Illinois’ comments minutes, and I am happy to yield to of Americans that showed up over the about our birthright, about freedom be- the gentleman from Arizona for that last couple of days, and yet now she cause I believe of all the tragedies in period of time before we pick up the has doubled down. With all due respect the Pelosi bill, that the loss in freedom balance of this exchange. to the Speaker, she has doubled down is the big one. Mr. FRANKS of Arizona. Well, I cer- and taken 1,000 pages and turned it into This is not the first time that we tainly thank the gentleman. In the last 2,000 pages. have struggled in this country about hour, I tried to talk about some of It takes away my breath. I think it that. There was a time when the colo- things that the Republicans were for, takes away most Americans’ breath, nists were here that they were op- but I had made a commitment to give thinking about the amount of indebt- pressed so badly by the Crown of Eng- some remarks on the Pelosi health care edness being created and, ultimately, land that they said that we have to plan. So I really appreciate everyone’s this generational theft. somehow break free. But there were indulgence here because I feel like I’m those who were afraid, and I under- b 2230 taking more than my share, but I will stand that. See, they didn’t have free- make these comments and then I will Mr. HOEKSTRA. If the gentleman dom at that time. They were trying to make myself scarce, if that will be all will yield, I think we also put this in gain it. They were trying to go against right. the context of already what’s happened all odds to try to do what they could. Mr. Speaker, only 1 week ago, on Fri- in this year. Very early on this year, But some were afraid. day, October 29, Speaker PELOSI and we spent $800 billion to stimulate the I will never forget Samuel Adams’ her fellow liberal Democrats intro- economy. It hasn’t worked. Today we words because I think it should apply duced H.R. 3962. But they grossly mis- saw the numbers. They came out, 10.2 to all of us here tonight. I think it labeled the Affordable Health Care for percent unemployment. If you include should apply especially to those on the America Act. The bill would more ac- those who have stopped looking for other side of the aisle that are strug- curately be entitled, The Big Spending, work or those who are maybe working gling tonight with how they’re going to Big Taxing, Big Entitlement Pelosi part-time because they can’t find a vote. He said to the colonists who were Plan for Big Government Takeover of full-time job, that goes up to 17.5 per- afraid to fight the King, he said, If you America’s Health Care Act. cent. So 17.5 percent of the American love wealth better than liberty, if you Despite House Majority Leader people are either unemployed, stopped love the tranquility of servitude better STENY HOYER claiming during their looking for work or underemployed. than the animating contest of freedom, press conference that the health care You know, that’s the effect of our go from us in peace. We seek not your bill was part of an open and trans- stimulus bill that was passed. I don’t counsel or your arms. Crouch down, parent process to reform our health think any of us voted for it. and lick the hands that feed you, and care system, the American people were Then we put on top of that the cap- may your change sit lightly upon you, oddly prohibited from even attending and-trade vote that my colleague was and may posterity forget that you were the liberal Democrats’ publicity rally talking about, which is going to just our countrymen. on the steps of the Capitol. Mr. Speak- hammer manufacturing and put a huge And I would say today that we need er, this really isn’t surprising consid- tax on every American again and every that same call to liberty that they had ering the Democrats’ habit of closing business out of this new carbon tax. back then that made them march with Republicans completely out of the leg- Then you put the health care bill on bloody feet in the frozen ground to find islative process and negotiating the top of it, $1.2 trillion, and people are liberty for us. I have got two little ba- provision of this current health care wondering, Why isn’t the economy bies at home that are just a little over plan behind tightly closed and locked coming back? Because we put so much a year old, and I don’t want to throw doors.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12576 CONGRESSIONAL RECORD — HOUSE November 6, 2009 Mr. Speaker, the new Pelosi plan b 2240 Speaker, bringing the total to $729.5 looks and sounds starkly similar to the Health care spending is 4.3 times the billion in new taxes on small busi- Democrats’ first attempt at a Big Gov- amount that we spend on national de- nesses. Individuals who cannot afford ernment takeover of health care, H.R. fense. And now the Congressional health coverage and employers who 3200. That is because essentially it is Budget Office has testified before Con- cannot afford to provide coverage to the same Big Government socialist gress that the Democrat health care meet the Federal bureaucrats’ stand- nonsense Speaker PELOSI introduced plan will actually increase that already ards created under this bill will all pay months ago, the same plan that caused sky-high health care spending. the bill. literally millions of Americans to Only weeks ago, Mr. Speaker, Presi- Now, our top marginal income tax speak out against it through letters, dent Obama stood on this very floor rate right now is 35 percent. Mr. Obama petitions, protests, and by showing up and promised a joint session of Con- wants to boost the top rate to nearly 40 to register their staunch disapproval at gress and the American people that he percent in 2011 by allowing some of the town hall meetings throughout the would ‘‘not sign health care legislation tax cuts enacted under former Presi- country all summer and fall. if it adds one dime to the deficit now or dent George W. Bush to expire. The Now it seems clear that the voice of in the future.’’ But, unfortunately, Mr. new health care taxes imposed by this Americans have fallen upon deaf ears Speaker, that is one of the many prom- bill would come on top of that. This in this House of Representatives, Mr. ises that will unequivocally be broken would mean that just the Federal tax Speaker, and Ms. PELOSI and Mr. REID by the Pelosi health care plan. Adding rate alone would be 45 percent. And are determined to shove this partisan in the more than $200 billion cost of the when you add in the State and local nightmare down the throats of the unfunded companion ‘‘doc fix’’ bill, taxes, individuals and small businesses American people. H.R. 3961, the health care ‘‘reform’’ could see total tax rates of close to 60 Now, buried within the contents of percent, Mr. Speaker. this 2,000-page bill as well as a separate agenda proposed by liberal Pelosi Democrats totals more than $1.5 tril- The cost of the Pelosi government 13-page bill that would increase the takeover of health care and new taxes deficit by more than $200 billion are de- lion, nearly double President Obama’s stated figure. it would impose alone are a disaster of tails that will see a massive Federal in- the first magnitude for America. But trusion in the health care of every Mr. Speaker, that unequivocally breaks the President’s promise by in- the monstrosity of the Pelosi health American. For instance, Mr. Speaker, care plan doesn’t even end there. the Pelosi health care plan creates 111 creasing the deficit to the tune of hundreds of billions of dollars. Add the $1.5 On September 9, during his address to new offices, bureaus, commissions, pro- the joint session of Congress, President grams bureaucracies over and above trillion projected cost of this bill, and it’s still a conservative estimate given Obama stated verbatim the following the entitlement expansions. This in- quote: ‘‘One more misunderstanding I cludes, Mr. Speaker, a government-run the historic precedent of drastically underestimating the cost of govern- want to clear up—under our plan, no insurance program that could cause as Federal dollars will be used to fund many as 114 million people in America ment programs, Mr. Speaker. When Medicare passed in 1965, the abortions.’’ to lose their current coverage. The But despite promises and statements Pelosi health care plan also abolishes Congressional Budget Office predicted it would cost $12 billion per year by made by the President to the contrary, the private market for individual Mr. Speaker, this bill explicitly allows health insurance, forcing individuals to 1990. In reality, the cost of Medicare in 1990 was $110 billion, more than nine Federal funding of abortion and per- purchase coverage in a government-run mits Federal subsidies to go to private exchange. times greater than projected. Likewise, insurance plans that cover abortion, The Pelosi health care plan enacts the Medicare expansion of it in 1987 making this bill potentially the largest insurance regulations that would raise was projected to cost $1 billion annu- premiums and encourage employers to ally. By 1992, the actual cost was $17 expansion of abortion on demand in drop coverage. The Pelosi health care billion, or 17 times the amount pro- America since Roe v. Wade. White House health adviser Zeke plan enacts trillions of dollars in new jected. What makes us think that a Emanuel is a longtime proponent of ra- Federal spending that would exacer- government takeover of more than tioning as a means for controlling and bate the deficit and imperil the Na- one-sixth of our economy is going to be distributing the vital health care serv- tion’s long-term fiscal viability. The any different, Mr. Speaker? Pelosi health care plan also taxes all Someone recently pointed out that a ices Americans need. And for all the Americans: individuals who purchase nearly 2,000-page bill of over 400,000 furor over the ‘‘death panels,’’ a term insurance, individuals who do not pur- words that costs as much as this one that the Democrats so viciously chase insurance and millions of small does, that that plan amounts to over mocked, H.R. 3962 would establish a businesses. $2.2 million per word, and there are a new ‘‘Center for Comparative Effec- Mr. Speaker, this will absolutely kill lot of words in this bill, Mr. Speaker. tiveness Research,’’ perhaps more accu- millions of jobs and raise health care Moreover, the Pelosi health care plan rately labeled a ‘‘life and death panel,’’ premiums across the board. Mr. Speak- is a massive increase in the size and since the panel would be allowed to er, the Pelosi health care plan also cuts scope of government, creating, expand- deny lifesaving treatments to patients Medicare by $500 billion, which will ing, or extending at least 43 entitle- on the grounds of cost savings, the devastate the Medicare Advantage pro- ment programs and 111 additional of- same sort of rationing we see in Brit- gram and result in higher premiums fices, bureaus, commissions, programs, ain’s national health care service and dropped coverage for more than 10 and bureaucracies over and above the which routinely denies costly patient million seniors. And nearly 70,000 of entitlement expansions. treatments to those whose lives are those seniors, Mr. Speaker, live in my During the worst economic recession deemed less worth saving. district alone. since the Great Depression, this bill This is the inescapable reality of gov- The Pelosi health care plan would would impose numerous new taxes. ernment health care, Mr. Speaker. The eliminate more than 5.5 million jobs as Number one, it would impose a 5.4 scarcity of resources and the inevitable a result of taxes on businesses that percent surtax that would primarily be unresponsiveness of massive bureau- cannot afford to provide health care in- shouldered by small businesses. It cratic systems result in rationing of surance coverage, and this is according would impose a 2.5 percent penalty tax health care services, deciding on who to the model developed by Christina on those who do not acquire health may receive care and who is forced by Romer, the chairwoman of the Presi- care insurance. New and increased the government to go without. And dent’s own Council of Economic Advis- taxes on a wide variety of health plans, this should not happen in America. ers. including HSAs and HRAs. An ironic, These ‘‘decisions’’ would be in the Mr. Speaker, in 2008 health care and this one kills me, an ironic 2.5 per- hands of President Obama’s new spending in the United States reached cent tax on medical devices. And an 8 ‘‘health czar,’’ or the ‘‘Health Choices $2.4 trillion, and it was projected to percent tax on businesses that can’t af- Commissioner’’ created by this legisla- reach $3.1 trillion in 2012 and $4.3 tril- ford to provide health insurance for tion. The ‘‘health czar,’’ or the ‘‘Health lion by 2016. employees, just to name a few, Mr. Choices Commissioner,’’ could forcibly

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12577 enroll individuals in government-run final vote, it looks like tomorrow this go up and watch the debate in the insurance, and they would be required body will be forced to vote on a bill Rules Committee. Well, people all over to conduct random compliance audits that will completely overhaul one- America are doing that. Some are on health care benefits, allowing the sixth of the economy and potentially watching this tonight. Some have Federal Government to intervene in devastate our health care system all keyed into the channel that is showing the business practices of all employers against the will of the vast majority of the Rules Committee. It is going on who offer coverage to their workers. Americans. And I encourage every last and on. There are people that seemed And that is unbelievable, Mr. Speaker. one of them, Mr. Speaker, for the sake to be a little bored by that. Who is The Pelosi bill also contains numer- of their children and future genera- watching? Watch your e-mail account, ous so-called ‘‘sweet treats’’ for the no- tions, to stand up against this bureau- Members, because they are sending torious allies of liberal Democrats. The cratic socialist monstrosity. messages in. The people who are watch- Pelosi plan makes groups like ACORN With that, Mr. Speaker, I thank the ing the Rules Committee with eyes like and Planned Parenthood eligible for gentleman from Iowa for his kindness an eagle are the ones who came to this Federal grants administered by the in allowing me to keep this commit- Capitol yesterday by the tens of thou- health czar. It refuses to address frivo- ment. sands and filled this place up and said, lous medical lawsuit reform while it Mr. KING of Iowa. I really thank Keep your hands off of my health care. actually creates new incentives for the Congressman TRENT FRANKS. Mr. They want to see how this system trial lawyers to sue the doctors and Speaker, that presentation that we works. Some of them are becoming ex- medical industry into the stone age. just heard over the last few minutes is perts. They are going to be, some of Speaker PELOSI and her liberal col- something that I know he sat in his of- them, the future leaders that come leagues are shamelessly sticking their fice in late hours and put this together into this Congress because they are fed thumbs in the eyes of the American and brought through and brought out up. people. some of the most significant compo- Mr. Speaker, the American people Mr. Speaker, Republicans have of- nents in this 1,990-page bill that has a are fed up with the assault on Amer- fered more than 40 alternative health 40-page amendment and makes it 2,030 ican freedom and the complete dis- care plans that would implement true pages altogether. regard for the very foundations of health care reform in this country, in- As we speak here tonight, the Rules American exceptionalism. In fact, I cluding empowering those who cannot Committee is off into something that don’t know if some of these people who afford insurance with the ability to started up at about 2 o’clock this after- are supporting this bill couldn’t actu- purchase their own insurance policy noon, and it’s 10 minutes to 11 tonight. ally say the word sincerely that Amer- from the private sector; allowing fami- The real debate on this bill is us ican is an exceptional country. We lies and businesses to purchase health down here talking, Mr. Speaker, or the have a whole lot of reasons why we are care insurance across State lines; al- people up in the hole in the wall that exceptional, and at the core of each of lowing individuals, small businesses, finally has television cameras in it. them are freedoms. So that, Mr. Speak- and trade associations to pool together For the first time, I think, in the his- er, is the backdrop of what all is going and acquire health care insurance at a tory of the United States Congress, we on here. lower price, the same way large cor- see at least a significant bill that’s The schedule is to bring a rule down porations and labor unions do; giving being televised. and have a vote about 9 tomorrow, and States the tools to create their own in- then start carrying out a debate, and a b 2250 novative reforms that lower health debate that will be limited. It has al- care costs; and ending frivolous law- I have gone up there, and the Rules ready been announced by the chair of suits that contribute to higher costs. Committee by the way, Mr. Speaker, I the Rules Committee, LOUISE SLAUGH- Unfortunately, Mr. Speaker, it is don’t disrespectfully refer to it as the TER, that they are only going to accept clear that instead of listening to the hole in the wall. I am the person who two amendments to the bill. Now when American people and embracing these thinks so much of the Rules Com- the public has been told by the chair of real solutions, Speaker PELOSI and her mittee, up where they deny amend- a committee that there are only going liberal colleagues have chosen to pla- ments to be offered here at the floor, at to be two amendments that will be al- cate their most liberal allies, from the direction I believe of the Speaker, lowed to be debated on the floor of the ACORN to Planned Parenthood to trial up on the third floor of the Capitol, a House and voted on, and I presume one lawyers, and to forcibly shove this bill little old room that doesn’t even have of them will be the Republican leader’s down the throats of the American peo- room for all of the Members that want amendment and the other one may be a ple. to engage in this, let alone staff, so the motion to recommit, but only two, I But, you know, Mr. Speaker, in clos- hallway is full of staff and Members. If think it tells everybody in America ing, of all the egregious things that I there is information that needs to go who is watching this show up here in have just told you about this bill, the in, they pass in papers like a bucket the hole in the wall of the Rules Com- worst of it is the way that it steals brigade to make an argument before a mittee, what the deal is. America’s freedom with the word Rules Committee that is being asked to If you are going to go to a committee ‘‘shall.’’ Mr. Speaker, the word ‘‘shall,’’ be an expert on everything that Con- and offer amendments to perfect legis- as we all know in this Chamber, is the gress, all of us, might want to know or lation and in all good seriousness en- key word in all government mandates vote on. gage in the debate, and debate for and control. The word ‘‘shall’’ is gov- This is a piece of the process that for hours and hours and hours before a ernment force. Unbelievably, the word the first time the American people are chair and a committee that has already ‘‘shall’’ appears in the Pelosi health learning about because they can now announced to the world that all of care plan more than 3,425 times. The see on television what goes on. It has those amendments that are being of- Obama-Reid-Pelosi Federal Govern- changed the dynamics in that room. I fered save two will be rejected and have ment is using the force of law with the came down here 21⁄2 years ago and no value, that, Mr. Speaker, is what is word ‘‘shall’’ 3,425 times to steal the called for television cameras in the going on right now. The American peo- freedom of the American people and Rules Committee. They weren’t too imple are figuring it out. They have a forcibly insert a bureaucrat between pressed with that request, so I intro- nose and a sense for this. patients and their doctors. The Pelosi duced a resolution to move the Rules So what I would like to do as this health care plan is nothing but 2,000 Committee down to the floor of the evening unfolds is recognize the gen- pages of Big Government, higher taxes, House of Representatives because that tleman from New Jersey (Mr. GARRETT) and literally thousands of government is where the debate is taking place so who has been such a strong and articu- mandates. the American people can see it. late voice and a dynamic leader. Mr. Mr. Speaker, flying in the face of Now we are on about maybe the third Speaker, anybody who is here tonight NANCY PELOSI’s claim that the health panel of the Rules Committee and the loves this country and loves our free- care bill that she has would be posted American people, some of them, and I dom and is absolutely opposed to so- online for 72 hours for review before have had people ask me would anybody cialized medicine.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12578 CONGRESSIONAL RECORD — HOUSE November 6, 2009 I yield to the gentleman from New basically through the government, looking at, what is it, around $1.6 tril- Jersey (Mr. GARRETT). whether they like it or not? lion, $1.7 trillion that we’re in deficit Mr. GARRETT of New Jersey. I I will just digress on that point for a right now? In other words, we don’t thank the gentleman from Iowa for moment. If you don’t like it, if you have the money to pay for this bill. So leading off with this discussion this don’t purchase an insurance policy who’s going to pay for this bill? Your evening with regard to the legislation that the government tells you you kids, my kids, America’s kids, our that is going to be coming down the have to, you will be fined. You will be grandkids. road very quickly. How quickly we do fined upwards of 21⁄2 percent of your in- So the benefits that are going to be don’t know, but obviously more quick- come. The legislation also says if you paid to people today, you and me and ly than Speaker PELOSI promised. do not pay that fine for not buying the other people who are listening to- Before you got here, on September 4, that insurance, then what will happen? night here in the gallery and else- Madam Speaker said at that time she Well, of course, section 7201 of the code where, the people that are going to would allow Members of this body, Re- says you can be fined an additional enjoy the benefits of this legislation publicans and Democrats alike, and she $250,000, a quarter of a million dollars, today, such as they are, are going to be also promised the American public and you can be sent to jail for 5 years. paid for by future generations. So there they would have 72 hours in order to Mr. KING of Iowa. Would that be may be a lot of people who consider look over the bill, read the bill, and un- debtor’s prison then in the bill? If you they’re supporters of Obama, young derstand the bill. She made that prom- don’t pay the fine, then you go to jail? people that in the past campaign said ise. Mr. GARRETT of New Jersey. I he’s going to do great things for us. Now, as you point out as we speak would almost presume so. Think about What is he really doing for the young here on Friday evening, almost 11 in it. Who is that language targeted for? people of today? Putting a tremendous the evening, we still don’t know what Is it targeted for the Bill Gates of the burden on them as far as what they’re the final bill is. That is somewhat iron- world who probably can buy any sort of going to have to pay for the people who are living today. ic because a number of Members on the Cadillac insurance that they want? Or I will give you one example of that. other side of the aisle, 190 or so, have the people on Wall Street who have the There is something in the legislation already been out in the press saying expensive Cadillac coverage because that they will be supporting the bill called the ‘‘class provision’’ or the their employers provide it for them? ‘‘class act.’’ What that basically is— when it comes up. No, of course not. I have to ask, How are you saying yes, the class act, treatment of class Is that aimed at the poor, non- act as long-term care insurance. What you will be voting when the final working American who can’t afford in- version of the bill hasn’t been printed that basically is is trying to set up a surance because they are disabled or program—good idea in concept—of try- yet, when you don’t know what the whatever? No, because those people are amendments are or what the text is? ing to get people to have long-term protected currently under U.S. law, care insurance. This is one of those But there are 190 who have said they under Medicaid, and they get health budgetary gimmicks that’s in the bill will be voting ‘‘yes’’ on the bill at the care insurance through Medicaid. that makes it look as though we’re ac- first opportunity. 2300 tually saving money today. It makes it Speaker PELOSI said she would give b us 72 hours for Members and the Amer- So who is that language in the bill look as though the budget deficit is ican public to look at it, but she has really targeting? That is basically the going down so they can say, hey, we’re actually saving money. What are you gone back on that promise. She said middle class, those people who are talking about, Republicans? We’re ac- she didn’t really mean with that period struggling right now, with around 10 tually helping the budget deficit. Well, of time, so at 11 tonight or 1 in the percent unemployment we’re looking it’s really a budgetary trick, and I can morning, we may then see the final at in this country. Actually, it’s 10.2 percent, I think, is the last number, explain it in 30 seconds. version of the bill out of the Rules What that does is this: it starts col- looking at 10.2 percent. Those people Committee, whenever they decide to do lecting taxes today basically on people are struggling and they’re saying, I’m it, in the dead of night, perhaps. And who are working, what have you. So paying all my other bills—my mort- then the bill will come up as soon as young people today will be paying they want it to. So, so much for that gage, my credit cards, my kids’ college taxes today, and over the next 10 years promise. education, and right now I have to those young folks will be paying in, The other point, there is a much make the decision that I’m not going what, $72 billion, a huge amount of larger issue, and I think this issue was to be able to afford to buy insurance money. But of course young people somewhat addressed at the rally yes- right now. Guess what? Too bad. Under today will not be getting any advan- terday on the steps of Capitol at noon their bill, you are going to be fined for tage of that money. As a matter of Thursday, and that is the constitu- not buying that insurance policy. And fact, that money won’t be going out tional issue here. We discussed this a if you don’t pay that fine, you could be the door to any large extent over the little, and other Members have come subject to punishment. next 10 years because young people here with their Constitution, and it re- One last point on this, if I may, and won’t be needing long-term care cov- minds Members of Congress and the then I will yield back to the gen- erage or insurance. public that we live under the rule of tleman. The other person, the other So basically you’re putting in the law in this country and the Constitu- group that this is targeted at is the bank all that money for the next 10 tion, and we can’t go outside of those young. Before you came to the floor, years. That makes the budget deficit parameters. And the Constitution says the previous gentlemen were talking look better, but in reality it’s young there are certain rights and respon- about how this relates to No Child Left people paying for benefits for people sibilities and powers that the Federal Behind and that sort of thing and how today. And their benefits—I’m not sure Government has, and the 9th and 10th the Federal Government is intruding in who’s going to be around to pay for Amendment tells, the 10 Amendment our lives in so many other areas, and them and all of their needs and what specifically, all rights not specifically how No Child Left Behind just didn’t have you. So it’s a budgetary gimmick delegated to the States are retained by work at all, that’s why I didn’t support to make it look as though things are the States and the people respectively. it. better than they really are to bring So you have to ask, How is it that And I coined the phrase—or maybe down the deficit. At the end of the day, this body believes, the Democratic ma- somebody else coined it before me— after those 10 years, costs explode jority and President Obama believes that actually this health care legisla- again and the next generation, our kids that we can impose a personal mandate tion is ‘‘No Child is Left a Dime.’’ And and grandkids, will be the ones who are on the American public? How can they the reason that no child is left a dime not left a dime because it will all be begin under our Constitution to start is because this is a $1.2 trillion expendi- right here in Washington paying for telling people that they actually have ture, and where is that $1 trillion com- these benefits. to buy a certain product by private in- ing from? Well, it’s really not coming And with that—I see you have a dustry or through the public option, from you and I because we’re already chart to perhaps explain all of this to

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12579 us—I yield back to the gentleman from government option for all this right because it was killed because the Iowa. over here, this public health plan, American people found out about it. Mr. KING of Iowa. I thank the gen- Members of Congress ‘‘may.’’ b 2310 tleman for his relentless effort and, I There was an amendment offered in will say, a thorough understanding of Energy and Commerce—or maybe it This is the flowchart that is now 15 what we know about these 1,990 pages- was Ways and Means, or both—that years later. plus-40. And we do know that’s 2,030 said anybody that votes for this bill This is the organizational chart of pages at least. would be compelled to live underneath the House Democrats’ original health I have made the statement, Mr. the health insurance policy that they care plan. Speaker, and I think it’s important would create under the Federal Gov- This is H.R. 3200. The new one is that the American people know this: ernment, the government option. uglier, but I can tell you this is all yes, we should have an opportunity to If Congress thinks this is such a good pretty much in here. The colored boxes evaluate all of the implications. There deal, they’ve got 3,425 ‘‘shalls’’ in the are new agencies. There are at least 32 are going to be amendments that will bill, why not make it 3,426 ‘‘shalls’’ in colored here, and there are 53 in the come out that we have not seen that the bill and make ‘‘Members of Con- bill. In the bill before, it was amended are likely to be approved by the Rules gress shall live underneath this law.’’ with a Ways and Means component of Committee because they will be giving That would be the actual poison pill for this thing, and it went from 1,000 pages direction, not because they will be this bill. If the people over here, the to 2,000 pages. These 32 agencies col- doing a significant analysis. ones that have signed on to whatever ored and 53 all together now have The American people want to read document it is, the 190 or so that say grown to 111 new Federal agencies so this bill. We handed this bill out yes- they will vote for whatever bill NANCY that we can have a complete nanny terday to the tens of thousands of peo- PELOSI thinks should come to this state that will direct our lives from ple that came here to this United floor, if they had to live underneath conception to natural death. States Capitol, the 2,000-page bill. I the law that they are imposing on the That sounds like a pro-life state- don’t think I will ever forget the image American people, all they have to do is ment. Well, for me, it generally is, Mr. of JOHN CULBERSON standing on the do a little amendment that says, Mem- Speaker. wall tossing pages of the bill out to bers of Congress ‘‘shall’’ use the gov- This bill of 2,000 pages that is before people who passed it around. They ernment option, not ‘‘may.’’ Strike us does affect us from conception to would each take one page and pass it to ‘‘may,’’ put in ‘‘shall,’’ kills the bill, or natural death because it funds abortion somebody else. And they went around it makes it a policy good enough that and it has death panels and it regulates this Hill and they began asking Mem- we can all live with and the American everything that has to do with our bers of Congress, tell me what this people wouldn’t have to come and health care—the cost, the access—ev- means, tell me what this page means. storm this Capitol. They wouldn’t have erything that has to do with it from There were not enough pages of the bill to take this hill; they wouldn’t have to conception to natural death. to go around to all the people that hold this hill until we kill the bill. But On these charts with colors on it, I’d came to oppose this bill yesterday, and we’re going to have to do that. We have focus your attention to two things or, there won’t be enough pages to go to keep this up. actually, to three things, Mr. Speaker. around to all the people that come to We fought a great battle yesterday. This one is the health choices adminis- oppose this bill tomorrow at 1 o’clock, There is a good battle going on up in tration, which we’ve heard the gen- east side steps of the Capitol. We’ve got Rules right now. There is another bat- tleman speak of. This is where they another wave of American people that tle tomorrow at 1 o’clock here at the would regulate everything—all of the are coming in here to express their re- Capitol on the east side of the steps, health insurance in America, all of the jection for socialized medicine. Mr. Speaker. And this has to go on and health care in America. This is the It is so important to understand this. on and on until this bill is killed. HCA commissioner, the health choices When people say, well, I sat up and I This idea was killed back in 1993 and administration commissioner. He is the read the bill, there are people out 1994. A bill never came to the floor new czar. As I talk about the black- there, salt of the Earth, good regular then. I will give President Clinton and-white version of HillaryCare, this people that took it upon themselves to credit; he wrote a bill, but it never is what we saw in 1994. This is the read what’s available for them to read, came to the floor because the Amer- black-and-white flowchart that was to work through those 1,990 pages, and ican people took it apart and rejected created by the closed-door meetings they will do everything they can to unit. And someplace over there against that Hillary Clinton had when she was derstand it. If they don’t understand it, the wall I have a chart of the original appointed the individual to write this they sometimes feel like they’re inad- ‘‘HillaryCare’’ that we took off of the all up. equate because they’re not a lawyer or archives of The New York Times. It is Now, again, I give them credit. They they’re not educated or they’re not a a scary thing. It is a very scary thing. wrote a bill. They met in secret. They legislator. Here is the statement that I And if we can find it over there I will met behind closed doors a lot of the think is important for the American put it up, Mr. Speaker, so everybody time, and that caused them some prob- people to know, Mr. Speaker, and that can see it. It’s in black and white. lems. is, you can take the smartest person in This is the real color version of the Phil Gramm, who was down at the the world and you can shut them up in original House bill, which is H.R. 3200. other end of that hallway—right out a room with a desk or a table and a This bill and this analysis comes from the center to the other end—stood on chair and give them 6 months in that KEVIN BRADY in the Ways and Means the floor of the United States Senate, room to read this bill and ask them to Committee. He has done a fantastic job and he said, This bill passes over my write up a summary of what the bill of educating the American people. The cold, dead, political body. does, the effects, the costs, the impli- flow chart that was created in 1993 and It was this scary flowchart that cations, and the nuances that would be 1994 is the one that scared the living scared the living daylights out of me, interpreted one way or another with daylights out of me and caused me to and it scared me into the public serv- the latitude and license that’s in the get engaged in the political world be- ice/political life to try to put the bill. cause I could not tolerate what govern- brakes on the overgrowth of govern- You can ask the smartest person in ment was doing to me. ment. The American people rejected the world to analyze the 3,425 ‘‘shalls’’ The people that believe that they are this in 1994. They threw this out, and that are in the bill; you can ask that intellectual elitists, that think that the bill never came up for a vote any- smartest person in the world to ana- they know more than the American where. lyze what it means, this one—there is people know and want to take away Now we have this full-color mon- more than one ‘‘may,’’ but one of the our freedom had drafted a bill called strosity of H.R. 3200, which is even most important ‘‘mays’’ in the bill is, HillaryCare that really did swallow up scarier, but the focus down here is on Members of Congress ‘‘may’’ utilize the at that time one-seventh of the U.S. the public health plan side which has newly formed government option. The economy. It didn’t come to the floor to compete with the private sector

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12580 CONGRESSIONAL RECORD — HOUSE November 6, 2009 side. These two boxes exist today—pri- pretty upset with the board of trustees were saying this—an organization is, vate insurers and traditional health right now, and they were submitting an maybe, making more money out of the plans. emergency resolution to revoke that deal for themselves than for the people Private insurers: 1,300 companies endorsement. The trouble is it prob- whom they represent. selling insurance, not policies. 1,300 ably won’t come to a vote until Mon- I’ll yield. companies, Mr. Speaker, right here. day. Mr. KING of Iowa. Reclaiming my There are 100,000 policy varieties to This article says: Rescinding the time, I would make this point. choose from, which is a tremendous AMA endorsement would be a signifi- I’m trying to run through the list of amount of competition. There are some cant blow to ObamaCare at a critical organizations in my mind that support States that don’t have much because point in the debate as reflected in the this bill, and there are quite a lot of it’s like 70 to 80 percent in a few States Democrats’ reaction Thursday when them. Then I’m trying to come up with where a single provider has that mar- they won endorsements from the AMA a name of an organization that sup- ket share. and AARP. ports the bill that doesn’t have a vest- So what we do is we open it up to sell Well, we know why AARP endorsed. ed interest, and it seems as if it’s a insurance across State lines. That pro- Anyway, this says: AMA sources con- very broad approach to this from the vides the competition. It’s all the com- firm a resolution that would effec- perspective that—let’s just say, as for petition we need, and it’s more com- tively revoke the AMA’s endorsement the AMA, they get more dollars into petition than the Democrats in this will be introduced during the delegates’ the industry. They’ve done a calcula- Congress are willing to accept. conference at the association’s general tion. It seems a little cynical. That’s So, Mr. Speaker, this public health meeting in Houston. how it is. AARP, they’re willing to plan which will be run by the new The article also points out that the take a $500 billion cut in Medicare ben- health choices administration czar— AMA board issued a similar endorse- efits because they can make it back— commissioner, commissar-issioner— ment back in July without delegate ap- and then some—by selling insurance will write the rules to benefit the Fed- proval when it declared the AMA sup- through the exchange. eral plan that will be subsidized by tax- port for the earlier House version of b 2320 payers. Then it will make it difficult, if the bill. not impossible, for the private health Then this article points out that, I would pose this question to the gen- plans to compete against the public. after that endorsement, 10,000 physi- tlemen that are so knowledgeable on We’ve seen it in the school loan pro- cians logged onto Sermo.com. Ten this subject that are here on the floor, gram. We’ve seen it in the flood insur- thousand physicians. It’s an online or anyone that would care to come ance program. This bill must not pass physicians’ community. They logged down here, and I would be glad to yield or that’s going to happen to on to voice their opinions. According to a knowledge base, if it exists, on the everybody’s private insurance. to the Sermo Web site, of the doctors other side of this aisle as to where are By the way, this bill that’s up there who responded, 94 percent do not sup- the unvested interest supporters for so- before Rules right now cancels every port the bill, and 95 percent state that cialized medicine? Who are they? health insurance policy in America in the AMA does not speak for them with Where are they? Can you name one? Is either 2011 or at the end of 2013, de- its endorsement. there either one of you that could an- pending on the definition. Isn’t that something? The AARP is swer that question or anybody here in I yield to the gentleman from Texas. the Chamber tonight that I could yield Mr. GOHMERT. I thank my friend not speaking, really, for retired people. to that could speak to that? I am com- from Iowa. It’s speaking for the executives at I thought it was a point worth mak- AARP who are going to do really well. pletely flummoxed when I think about ing since we heard on Thursday that I understand there are some waivers altruism behind socialized medicine. AARP has now endorsed the plan. They and some neat stuff for them in there. Where are they? I would like to know. came out at first and endorsed the The AMA board, apparently, is not I’m finding all kinds of patriots that Obama-Pelosi plan earlier this year, speaking for the medical doctors in are for killing this bill. and then they lost so many members America. I saw altruism like I had never seen that AARP said, Well, we were basi- I would be glad to yield back. before yesterday, patriotism in its cally endorsing a concept but not this Mr. KING of Iowa. I reclaim my time, purest form, of people that dropped ev- particular bill, because people were and I yield to the gentleman from New erything. I shook hands with people mad about it. They came out on Thurs- Jersey. from San Francisco and Oregon and day, and they put their stamp of ap- Mr. GARRETT of New Jersey. You most of the States in the country. I am proval on it. raise a fascinating point, and I posit convinced that we had people here from It turns out, apparently, that AARP two questions to you. every State in America yesterday. makes more money from selling insur- If the Congress were to pass this bill, They just want to have their freedom ance than they do from their member- we know what some of the ramifica- to buy the health insurance policy that ship dues. They apparently got a heck tions would be. It’s going to be raising they choose; they want the freedom to of a sweetheart deal that was cut with premiums. That is according to the succeed; and they want the government the administration. So, yeah, they’re CBO, the Congressional Budget Office. to stop growing and start shrinking willing to put their stamp of approval It’s going to reduce health choices. It’s and un-tax them and take the burden on it because there’s money in it for going to cause delays and denials of off of children and grandchildren. And I them, not for their members. Now, care. Here is the one where I’ll put a see that. I see those salt-of-the-Earth their members are going to get screwed question to you: Americans that are there. Any one of around pretty big. They’re going to $500 billion in Medicare cuts. Why them could have showed up at a church have a $500 billion cut to Medicare. would it be in the best interest of sen- picnic at my house or my place in my They’re going to really get hurt badly, ior citizens, which I presume are who neighborhood. And the tears run down but the AARP people who run AARP AARP would supposedly be looking out their cheeks because of what’s hap- are going to come out real good. for—why would they suggest that they pening in America. It’s not just be- Then I noticed an article tonight would be looking out for seniors when cause of the song, it’s not just because that came out, which says: AMA mem- they’re going to be cutting benefits to of the prayer. It’s afterward, hours bers revolt over ObamaCare endorse- seniors for $500 billion? afterwards, and they’re saying, What ment. That’s not my number that I came up can I do? What can I do? I’m losing my It turns out the association, or the with. That is language right out of the county. And their faces are being AMA’s board of trustees, failed to ob- bill, and it can be verified with the washed with tears, and the cynicism tain delegate approval before endorsing CBO. that grows within me because of the this new Pelosi-Obama monstrosity. So it’s counterintuitive that any or- vested interest, and nobody can answer Let’s see. ganization would be doing something me, where is the contingency of the The president of the Florida Medical against their measures unless—and I people that just want to have what’s Association said: The delegates are just came in at the point when you best for America? I can’t find them.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12581 Mr. GOHMERT. Well, I can’t name Mr. KING of Iowa. Reclaiming my home for the weekend, just when they you one without a vested interest that time, I would make this point, that the think they are about to get the last supports this, but apparently just legislative strategy for them is this, vote by adding something that will get today the American Association of that they were queued up to ram this their vote, by twisting the arm—I don’t Neurological Surgeons and the Con- bill through before the August break. know if we are threatening losses of gress of Neurological Surgeons, two That’s what they wanted to do. They committees, I understand that’s gone different groups, announced their oppo- rammed cap-and-tax through before on around here in the recent past, but sition to the House bill. the August break, and no one read the they are so close, they think, to get- I know from personal experience, bill. Mr. GOHMERT from Texas stood ting this vote done, this travesty when a brain tumor was killing my here on this floor and he posed a series against the American people, if they go mother and eventually took her life, of questions, and the one that stands home, they are going to hear about these neurologists and neurosurgeons out in my mind, it will be historically what’s going on. are the ones that knew the most about remembered, I think, forever, that What I can’t help but come back to, what was best for my mother in those there was no bill in the well. There was when my friend, Mr. GARRETT from last years that the tumor was taking no real copy of the bill. And I know no New Jersey, asked about why rush? We her; a brain tumor. Wow. An incredibly one read the bill because the bill didn’t have heard our President and all of brilliant bunch of people, those doctors exist. those who seek to make excuses for that work on the brain. Congressman GOHMERT finally said, him trying to make up his mind on They apparently made no bones after 35 minutes of holding up the de- what to do in Afghanistan say, He about it. They were not happy, appar- bate, ‘‘Madam Speaker, if the House of doesn’t want to rush and make a bad ently, that the AMA came out and en- Representatives passes a bill that decision. He wants to take his time. dorsed it. They made it a matter of the doesn’t exist, is it possible to message Can you imagine the stress being minds on which they have, since they a bill that doesn’t exist to the United heaped upon our soldiers who are ei- work on the mind, that this is not a States Senate?’’ ther in harm’s way in Afghanistan or bill that’s going to be good for Amer- That was the question, Mr. Speaker. get news, you are about to be sent into ica, it’s going to devastate America. In The result was, apparently, yes. Appar- harm’s way into Afghanistan, and you fact, the Congress of Neurological Sur- ently in this Congress we can pass a have a President that can’t commit to geons’ president stated, ‘‘Overall we be- bill that doesn’t exist and message a whether he is going to give them what lieve this legislation will ultimately bill that doesn’t exist to the United they need to win in Afghanistan? limit patient choice by putting the States Senate. That’s the subject mat- I can’t imagine anything more stress- government between the doctor and ter that I think is important. And this ful and debilitating to hear, You are the patient which will interfere with 2,000-page bill that we have now, the vital patient care decisions. As it going to send me into harm’s way? reason that they are pushing on it is stands, this House bill could amount to You’ve got a report that has been sit- because we went home for August, and a complete government takeover of ting on your desk since August that the town hall meetings were jam health care.’’ says if you don’t give us the troops we Mr. GARRETT of New Jersey. You packed full all over the country. We need, we’re going to lose this war. That raise another interesting point. Again, saw real-time footage that came out, means I am likely going to be killed we have to start from the premise with angry people, frustrated people, people while you are trying to make up your what is in the bill right now, what the that just want to be left to succeed and mind, and you are playing footsie with CBO has told us and what the bill will left to be free, filled up these buildings, different groups and shows and doing do, if they do pass it tomorrow or Mon- filled up the community buildings, all these fun things, and we are over day, what it will do is raise our pre- jammed these places. There were meet- here in harm’s way; you can’t make up miums for insurance, it will reduce our ings held in Iowa outside because we your mind. health choices, it will delay or deny didn’t have buildings big enough for Okay. We will give him that he needs care, it will take away half a trillion the town hall meetings. The tiny little to take his time. We understand that dollars from our seniors in Medicare, down of Adel, over 600 people in a meet- he voted ‘‘present’’ probably more than and it will raise taxes by $729 billion. ing just like that. What the message anybody else in recent history in the We know those are the facts. That from that was, the American people Senate because he couldn’t make up will happen if this bill passes. But you don’t want this bill. They don’t want his mind down there, but how about were saying with regard to the dele- socialized medicine. They want to kill giving us the same benefit of the huge gates, the doctors out there, the real this bill. They made their opinions doubt we have about his decision-mak- doctors that you and I have are fight- known loudly and clearly for the entire ing? Give it to the Congress. month of August and into September. ing back and saying that they may b 2330 take back the endorsement from the But now these Members of Congress AMA. But it may be too late; which have been in Speaker PELOSI’s echo Let us have time so a mistake, a raises this question, then: What is the chamber since then, they haven’t real- huge mistake, is not made here. This is rush? What is the rush to judgment? ly been back home listening to their scary stuff, what is about to be heaped Why are we doing this on a Saturday or constituents the way they were in Au- on us. Let us have the same amount of maybe a Sunday? We have only ever gust; and now they have gone all time that he has demanded. voted on a weekend when it’s an emer- wobbly again. She is afraid to let them Mr. KING of Iowa. Reclaiming my gency situation, like for a war resolu- go back home to be braced up by their time, this is a destiny bill. This is a tion or things dealing with the mili- constituents. piece of legislation that changes the di- tary or what have you. That’s the calculation. It’s a political rection of the United States of Amer- Is there any reason why this bill calculation. It’s not a logical one. I ica, Mr. Speaker, forever. There is no could not lay over for a week while the recognize the gentleman from New Jer- going back to a point. It isn’t like we Members go back to their districts for sey asked for a logical one. There is a missed an exit on the interstate and we Veterans Day and meet with veterans, difference between reasons and excuses. will just go to the next exit and get off meet with seniors, meet with doctors, There isn’t a reason. There are only ex- and turn around and go back. This is meet with the other real folks? I can- cuses. taking the off ramp from freedom, and not think of one reason why Speaker I yield to the gentleman from Texas. it is going into the abyss of socialism. PELOSI would not allow us. Mr. GOHMERT. I think my friend It is the leap off into the abyss of so- I would ask, I am sure she is up at from Iowa just made a great point cialism. this hour—and we have a few minutes about why there needs to be this rush This bill, this is a socialized medicine left—I would appreciate it if Speaker to bad judgment by the Speaker and by bill that is the crown jewel of social- PELOSI could come down here right now the administration, and it answers the ism. There is no other way to define it, and explain to us why we can’t have a question of our friend from New Jersey when you take over 17.5 percent of the week when the veterans and everybody about why this rush to bad judgment. economy, one-sixth of the economy. else gets to comment on this. That is exactly if the Democrats go This legislation cancels every single

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12582 CONGRESSIONAL RECORD — HOUSE November 6, 2009 health insurance policy in the United come back here tomorrow at 1 o’clock SPECIAL ORDERS GRANTED States of America, a good chunk of and have their voice heard on the green By unanimous consent, permission to them at the end of 2011 and all the rest here by the Capitol. address the House, following the legis- of them by 2013. With that, I yield to the gentleman. lative program and any special orders The promise that the President of Mr. KING of Iowa. Reclaiming my heretofore entered, was granted to: the United States made was that if you time, I appreciate the gentleman from (The following Members (at the re- like your health insurance policy, you New Jersey bringing this up again. quest of Mr. HIMES) to revise and ex- get to keep it. Well, you get to keep it Here is the message. We have had all tend their remarks and include extra- until they cancel it. Can you keep it kinds of battles in this country and neous material:) until 2011 and think the President kept people have paid a huge price. We had Mr. HIMES, for 5 minutes, today. his word? I will leave that out there as Lexington and Concord. We had patri- Mr. TOWNS, for 5 minutes, today. a rhetorical question, Mr. Speaker. But ots that marched through the snow Ms. WOOLSEY, for 5 minutes, today. that is something that brings me great with bloody feet to go to Trenton. We concern. Mr. MCDERMOTT, for 5 minutes, had Saratoga. We had Yorktown. We today. We aren’t going to raise taxes on had Hamburger Hill. We had Pork Chop anybody that makes under $250,000 a Ms. JACKSON-LEE of Texas, for 5 min- Hill. utes, today. year. We know it raises the taxes on We had the battle of Capitol Hill yes- Mr. SESTAK, for 5 minutes, today. everybody. terday, and the American people took Mr. DEFAZIO, for 5 minutes, today. We aren’t going to hurt the little this hill. We have to come back to this Ms. KAPTUR, for 5 minutes, today. man. Here is a little, little man piece. hill tomorrow at 1 o’clock. We have to Mr. PASCRELL, for 5 minutes, today. It hurts them all. If they go with this hold this hill until we kill this bill. rating that is in there, just in the indi- Mr. HIGGINS, for 5 minutes, today. vidual market, a 25-year-old male in f Mrs. CHRISTENSEN, for 5 minutes, Indianapolis, we will pick that, that RECESS today. happens to be the state of our con- The SPEAKER pro tempore. Pursu- (The following Members (at the reference chair, he would be paying about ant to clause 12(a) of rule I, the Chair quest of Mr. POE of Texas) to revise and $84 a month for his premium. If this declares the House in recess subject to extend their remarks and include ex- bill passes, it jumps to $252. It is a 300 the call of the Chair. traneous material:) percent increase in the premium that Accordingly (at 11 o’clock and 34 Mr. BURTON of Indiana, for 5 minutes, he is paying. minutes p.m.), the House stood in re- November 9 and 10. Now, this is a young man that is try- cess subject to the call of the Chair. Mr. WOLF, for 5 minutes, today, No- ing to get into the workforce, that is vember 9 and 10. f trying to build an economic base. Usu- Mr. PAUL, for 5 minutes, today. ally when you start in, that is when b 0225 Mr. MCCLINTOCK, for 5 minutes, you make the least, and you grow your AFTER RECESS today. income stream. You are young and Mr. BARRETT of South Carolina, for 5 healthy. You can’t afford much insur- The recess having expired, the House minutes, today. was called to order by the Speaker pro ance. You don’t need much, because Mr. FRELINGHUYSEN, for 5 minutes, you are young and you are healthy. tempore (Mr. ARCURI) at 2 o’clock and today. 25 minutes a.m. But this would triple the insurance Mr. GOODLATTE, for 5 minutes, today. premiums for a 25-year-old man and f Mr. WESTMORELAND, for 5 minutes, fine him or punish him if he doesn’t REPORT ON RESOLUTION PRO- today. buy the policy, and eventually put him VIDING FOR CONSIDERATION OF Mr. GINGREY of Georgia, for 5 min- in jail. H.R. 3962, AFFORDABLE HEALTH utes, today. Then you have the family of four, CARE FOR AMERICA ACT, AND Mr. WAMP, for 5 minutes, today. roughly 40-years-old, a couple of kids. PROVIDING FOR CONSIDERATION Mr. BUYER, for 5 minutes, today. They would be paying today in Indian- OF H.R. 3961, MEDICARE PHYSI- Mr. THOMPSON of Pennsylvania, for 5 apolis about $535 a month for insur- CIAN PAYMENT REFORM ACT OF minutes, today. ance. They can probably afford that, if 2009 (The following Member (at his re- they have been raising their income up. quest) to revise and extend his remarks It is tough, I know, but usually they Mr. POLIS, from the Committee on Rules, submitted a privileged report and include extraneous material:) will find a way to maneuver. But this Mr. GOHMERT, for 5 minutes, today. bill makes it so much worse. Now that (Rept. No. 111–330) on the resolution (H. $535 premium would go to $1,087. The Res. 903) providing for consideration of f premiums would be a 221 percent in- the bill (H.R. 3962) to provide afford- ADJOURNMENT crease. able, quality health care for all Ameri- Mr. POLIS. Mr. Speaker, I move that I can go on down the line, Mr. Speak- cans and reduce the growth in health the House do now adjourn. er. I recognize the clock is ticking. I care spending, and for other purposes, The motion was agreed to; accord- want to make sure if any of my col- and providing for consideration of the ingly (at 2 o’clock and 26 minutes leagues have a last thing they have to bill (H.R. 3961) to amend title XVIII of a.m.), the House adjourned until today, say, they will let me know. the Social Security Act to reform the I yield quickly to the gentleman Medicare SGR payment system for Saturday, November 7, 2009, at 9 a.m. from New Jersey. physicians, which was referred to the f Mr. GARRETT of New Jersey. Just House Calendar and ordered to be OATH OF OFFICE—MEMBERS, one last point, because I know the time printed. RESIDENT COMMISSIONER, AND is up here, is that going to the point of f DELEGATES rushing through this, we are not in LEAVE OF ABSENCE control. We are in the minority party. The oath of office required by the We cannot set the agenda. This bill By unanimous consent, leave of ab- sixth article of the Constitution of the could come up in an hour from now, or sence was granted to: United States, and as provided by sec- this bill could come up Saturday morn- Mr. PATRICK J. MURPHY of Pennsyl- tion 2 of the act of May 13, 1884 (23 ing or Saturday afternoon. vania (at the request of Mr. HOYER) for Stat. 22), to be administered to Mem- We hope and wish the leadership on today on account of the birth of a bers, Resident Commissioner, and Dele- the other side, Speaker PELOSI, would child. gates of the House of Representatives, give us the time they promised, at Mr. CARTER (at the request of Mr. the text of which is carried in 5 U.S.C. least 72 hours. We have the whole week BOEHNER) for today on account of re- 3331: to do so. sponding to the needs of his constitu- ‘‘I, AB, do solemnly swear (or af- But there is still an opportunity, ents regarding the tragedy at Fort firm) that I will support and defend however, for the American public to Hood, Texas. the Constitution of the United

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12583 States against all enemies, foreign well and faithfully discharge the House of Representatives by the fol- and domestic; that I will bear true duties of the office on which I am lowing Member of the 111th Congress, faith and allegiance to the same; about to enter. So help me God.’’ pursuant to the provisions of 2 U.S.C. that I take this obligation freely, 25: without any mental reservation or has been subscribed to in person and WILLIAM L. OWENS, New York, Twen- purpose of evasion; and thath I will filed in duplicate with the Clerk of the ty-Third. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollar utilized for Speaker-authorized official travel during the third quarter of 2009 pursuant to Public Law 95–384 are as follows:

(AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO PERU, PARAGUAY, AND COLOMBIA, EXPENDED BETWEEN AUG. 15 AND AUG. 22, 2009

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. David Price ...... 8/15 8/19 Peru ...... 1,271.00 ...... (3) ...... 4 23,827.18 ...... 25,098.18 8/19 8/20 Paraguay ...... 250.00 ...... (3) ...... 4 4,785.56 ...... 5,035.56 8/20 8/23 Colombia ...... 1,234.00 ...... (3) ...... 4 31,063.00 ...... 32,297.00 Hon. David Dreier ...... 8/15 8/19 Peru ...... 1,271.00 ...... (3) ...... 1,271.00 8/19 8/20 Paraguay ...... 250.00 ...... (3) ...... 250.00 8/20 8/23 Colombia ...... 1,234.00 ...... (3) ...... 1,234.00 Hon. Lois Capps ...... 8/15 8/19 Peru ...... 1,271.00 ...... 1,271.00 8/19 8/20 Paraguay ...... 250.00 ...... 250.00 8/20 8/23 Colombia ...... 1,234.00 ...... 1,234.00 Hon. Sam Farr ...... 8 /15 8 /19 Peru ...... 1,271.00 ...... (3) ...... 1,271.00 8/19 8/20 Paraguay ...... 250.00 ...... (3) ...... 250.00 8/20 8/23 Colombia ...... 1,234.00 ...... (3) ...... 1,234.00 Hon. Lucille Roybal-Allard ...... 8/15 8/19 Peru ...... 1,271.00 ...... (3) ...... 1,271.00 8/19 8/20 Paraguay ...... 250.00 ...... (3) ...... 250.00 8/20 8/23 Colombia ...... 1,234.00 ...... (3) ...... 1,234.00 Hon. Jim McDermott ...... 8/15 8/19 Peru ...... 1,271.00 ...... (3) ...... 1,271.00 8/19 8/20 Paraguay ...... 250.00 ...... (3) ...... 250.00 8/20 8/23 Colombia ...... 1,266.00 ...... (3) ...... 1,266.00 Hon. Ed Whitfield ...... 8/15 8/19 Peru ...... 1,271.00 ...... (3) ...... 1,271.00 8/19 8/20 Paraguay ...... 250.00 ...... (3) ...... 250.00 8/20 8/23 Colombia ...... 1,266.00 ...... (3) ...... 1,266.00 Hon. Brian Bilbray ...... 8/15 8/19 Peru ...... 1,271.00 ...... (3) ...... 1,271.00 8/19 8/20 Paraguay ...... 250.00 ...... (3) ...... 250.00 8/20 8/23 Colombia ...... 1,266.00 ...... (3) ...... 1,266.00 John Lis ...... 8/15 8/19 Peru ...... 1,271.00 ...... (3) ...... 1,271.00 8/19 8/20 Paraguay ...... 250.00 ...... (3) ...... 250.00 8/20 8/23 Colombia ...... 1,184.00 ...... (3) ...... 1,184.00 Margarita Seminario ...... 8/15 8/22 Peru ...... 2,380.00 ...... (3) ...... 2,380.00 ...... Return Airfare ...... 1,647.41 ...... 1,647.41 Asher Hildebrand ...... 8/15 8/19 Peru ...... 1,271.00 ...... (3) ...... 1,271.00 8/19 8/20 Paraguay ...... 235.00 ...... (3) ...... 235.00 8/20 8/23 Colombia ...... 1,266.00 ...... (3) ...... 1,266.00 Rachel Leman ...... 8 /15 8 /19 Peru ...... 1,271.00 ...... (3) ...... 1,271.00 8/19 8/20 Paraguay ...... 250.00 ...... (3) ...... 250.00 8/20 8/23 Colombia ...... 1,266.00 ...... (3) ...... 1,266.00 Bradley Smith ...... 8/15 8/19 Peru ...... 1,271.00 ...... (3) ...... 1,271.00 8/19 8/20 Paraguay ...... 250.00 ...... (3) ...... 250.00 8/20 8/23 Colombia ...... 1,266.00 ...... (3) ...... 1,266.00 Guillermina Garcia ...... 8 /15 8 /19 Peru ...... 1,271.00 ...... (3) ...... 1,271.00 8/19 8/20 Paraguay ...... 250.00 ...... (3) ...... 250.00 8/20 8/23 Colombia ...... 1,216.00 ...... (3) ...... 1,216.00 Total ...... 38,254.00 ...... 1,647.41 ...... 59,675.74 ...... 99,577.15 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Indicates Delegation Costs. HON. DAVID PRICE, Chairman, Oct. 28, 2009.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND LABOR, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1, AND SEPT. 30, 2009

CODEL—MEEKS: Hon. Marcia L. Fudge—Aug. 27–Sept. 4, 2009 ..... 8/27 8/30 Tunisia, Africa ...... 432.00 ...... (3) ...... 291.00 ...... 8/30 9/2 Rwanda ...... 210.00 ...... (3) ...... 413.00 ...... 9 /2 9 /3 Zimbabwe ...... 142.00 ...... (3) ...... 175.00 ...... 9 /3 9 /4 Senegal ...... 393.00 ...... (3) ...... 146.00 ...... Committee total ...... 1,177.00 ...... 1,025.00 ...... 2,202.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. GEORGE MILLER, Chairman, Oct. 28, 2009.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2009

Hon. Howard Coble ...... 6/27 7/1 Russia ...... 1,489.00 ...... 7,439.80 ...... 8,928.80 Hon. Steve Cohen ...... 8/16 8/17 Liberia ...... 536.40 ...... (3) ...... 8/17 8/19 Ghana ...... 294.00 ...... (3) ......

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00125 Fmt 7634 Sfmt 8634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12584 CONGRESSIONAL RECORD — HOUSE November 6, 2009 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2009— Continued

8/19 8/23 South Africa ...... 1,806.07 ...... (3) ...... 8/23 8/24 Morocco ...... 341.00 ...... (3) ...... 2,977.47 Committee total ...... 4,466.47 ...... 7,439.80 ...... 11,906.27 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. JOHN CONYERS, Jr., Chairman, Oct. 28, 2009.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SECURITY AND COOPERATION IN EUROPE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2009

Winsome Packer ...... 9 /27 9 /30 Poland ...... 887.13 ...... 1,378.00 ...... 2,265.13 Committee total ...... 887.13 ...... 1,378.00 ...... 2,265.13 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. ALCEE L. HASTINGS, Co-Chairman, Oct. 28, 2009.

EXECUTIVE COMMUNICATIONS, the Committee on Transportation and Infra- 4588. A letter from the Attorney Advisor, ETC. structure. Department of Homeland Security, transmit- 4582. A letter from the Attorney Advisor, ting the Department’s final rule — Safety Under clause 2 of Rule XXIV, execu- Department of Homeland Security, transmit- Zone; Emergency cable repair for the Sarah tive communications were taken from ting the Department’s final rule — Safety Long Bridge, Piscataqua River, ME and NH the Speaker’s table and referred as fol- Zone; Neches River, Sabine–Neches Canal, [CGD01–06–137] (RIN: 1625–AA00) received Oc- lows: Port Arthur, TX [COTP Port Arthur–07–004] tober 15, 2009, pursuant to 5 U.S.C. 4576. A letter from the Attorney Advisor, (RIN: 1625–AA00) received October 15, 2009, 801(a)(1)(A); to the Committee on Transpor- Department of Homeland Security, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. ting the Department’s final rule — Special mittee on Transportation and Infrastruc- 4589. A letter from the Attorney Advisor, Local Regulation; Charleston Harbor Christ- ture. Department of Homeland Security, transmit- 4583. A letter from the Attorney Advisor, mas Parade of Boats, Charleston, SC [CGD07– ting the Department’s final rule — Safety Department of Homeland Security, transmit- 06–260] (RIN: 1625–AA08) received October 15, and Security Zone; Waters River, Danvers, ting the Department’s final rule — Safety 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the MA [CGD01–06–136] (RIN: 1625–AA00) received Zone; Intracoastal Waterway, Treasure Is- October 15, 2009, pursuant to 5 U.S.C. Committee on Post Office and Civil Service. land, Florida [COTP Sector St. Petersburg 4577. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- 07–100] (RIN: 1625–AA00) received October 15, Department of Homeland Security, transmit- tation and Infrastructure. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Department’s final rule — Safety 4590. A letter from the Attorney Advisor, Committee on Transportation and Infra- Zone: Babylon Bayfest Fireworks, Great Department of Homeland Security, transmit- structure. ting the Department’s final rule — Safety South Bay, NY [CGD01–07–088] (RIN: 1625– 4584. A letter from the Attorney Advisor, AA00) received October 15, 2009, pursuant to Department of Homeland Security, transmit- Zone; Grucci and Associates Fireworks, Bay 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Department’s final rule — Safety Shore, NY [CGD01–06–125] (RIN: 1625–AA00) Transportation and Infrastructure. Zone; Ft. Myers Beach, FL [COTP Sector St. received October 15, 2009, pursuant to 5 4578. A letter from the Attorney Advisor, Petersburg 07–104] (RIN: 1625–AA00) received U.S.C. 801(a)(1)(A); to the Committee on Department of Homeland Security, transmit- October 15, 2009, pursuant to 5 U.S.C. Transportation and Infrastructure. ting the Department’s final rule — Safety 801(a)(1)(A); to the Committee on Transpor- 4591. A letter from the Attorney Advisor, Zone; Cuyahoga River, Cleveland, Ohio. West tation and Infrastructure. Department of Homeland Security, transmit- Third Street Bridge Cable installment proc- 4585. A letter from the Attorney Advisor, ting the Department’s final rule — Safety ess [CGD09–06–092] (RIN: 1625–AA00) received Department of Homeland Security, transmit- Zone; Blau Wedding Fireworks Display, At- October 15, 2009, pursuant to 5 U.S.C. ting the Department’s final rule — Safety lantic Ocean, Water Mill, NY [CGD01–06–106] 801(a)(1)(A); to the Committee on Transpor- Zone, Coast Guard Live Fire Exercise, Gulf (RIN: 1625–AA00) received October 15, 2009, tation and Infrastructure. of Mexico, Clearwater, FL [COTP Sector St. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4579. A letter from the Attorney Advisor, Petersburg, FL 07–137] (RIN: 1625–AA00) re- mittee on Transportation and Infrastruc- Department of Homeland Security, transmit- ceived October 15, 2009, pursuant to 5 U.S.C. ture. ting the Department’s final rule — Safety 801(a)(1)(A); to the Committee on Transpor- 4592. A letter from the Attorney Advisor, Zone; Bay City Fireworks Festival, Saginaw tation and Infrastructure. Department of Homeland Security, transmit- River, Bay City, MI [CGD09–06–093] (RIN: 4586. A letter from the Attorney Advisor, ting the Department’s final rule — Safety 1625–AA00) received October 15, 2009, pursu- Department of Homeland Security, transmit- Zone; Christmas Cove, South Bristol, ME ant to 5 U.S.C. 801(a)(1)(A); to the Committee ting the Department’s final rule — Safety [CGD01–06–101] (RIN: 1625–AA00) received Oc- on Transportation and Infrastructure. Zone; Emergency cable repair for the Sarah tober 15, 2009, pursuant to 5 U.S.C. 4580. A letter from the Attorney Advisor, Long Bridge, Piscataqua River, ME and NH 801(a)(1)(A); to the Committee on Transpor- Department of Homeland Security, transmit- [CGD01–06–143] (RIN: 1625–AA00) received Oc- tation and Infrastructure. ting the Department’s final rule — Safety tober 15, 2009, pursuant to 5 U.S.C. 4593. A letter from the Attorney Advisor, Zone; Gatzeros Fireworks, Lake St. Clair, 801(a)(1)(A); to the Committee on Transpor- Department of Homeland Security, transmit- Grosse Pointe Park, MI [CGD09–06–094] (RIN: tation and Infrastructure. ting the Department’s final rule — Safety 1625–AA00) received October 15, 2009, pursu- 4587. A letter from the Attorney Advisor, Zone; Master Sand Castle Festival Fire- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Department of Homeland Security, transmit- works, Revere, MA [CGD01–06–094] (RIN: 1625– on Transportation and Infrastructure. ting the Department’s final rule — Safety AA00) received October 15, 2009, pursuant to 4581. A letter from the Attorney Advisor, Zone; July 4th Fireworks Displays within 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Homeland Security, transmit- the Captain of the Port Sector St. Peters- Transportation and Infrastructure. ting the Department’s final rule — Safety burg Zone [COTP Sector St. Petersburg 07– 4594. A letter from the Attorney Advisor, Zone, Coast Guard Live Fire Exercise, Gulf 144] (RIN: 1625–AA00) received October 15, Department of Homeland Security, transmit- of Mexico, FL [COTP Sector St. Petersburg, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Department’s final rule — Safety FL 07–173] (RIN: 1625–AA00) received October Committee on Transportation and Infra- Zone; Ft. Myers Beach, FL [COTP Sector St. 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to structure. Petersburg 07–145] (RIN: 1625–AA00) received

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12585 October 15, 2009, pursuant to 5 U.S.C. ceived October 15, 2009, pursuant to 5 U.S.C. and Taylor Creek, Fort Pierce, Florida 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- [CGD07–06–259] (RIN: 1625–AA08) received Oc- tation and Infrastructure. tation and Infrastructure. tober 15, 2009, pursuant to 5 U.S.C. 4595. A letter from the Attorney Advisor, 4605. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- Department of Homeland Security, transmit- Department of Homeland Security, transmit- tation and Infrastructure. ting the Department’s final rule — Safety ting the Department’s final rule — SPECIAL 4615. A letter from the Attorney Advisor, Zone: Rhode Island Air National Guard Air LOCAL REGULATION: Barnum Festival Department of Homeland Security, transmit- Show, Quonset Point State Airport, North Fireworks, Bridgeport, CT [CGD01–06–029] re- ting the Department’s final rule — Safety Kingstown, Rhode Island [CGD01–06–075] ceived October 15, 2009, pursuant to 5 U.S.C. Zone: Fire Island Pride Fireworks, Great (RIN: 1625–AA00) received October 15, 2009, 801(a)(1)(A); to the Committee on Transpor- South Bay, Cherry Grove, NY [CGS01–07–098] pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. (RIN: 1625–AA00) received October 15, 2009, mittee on Transportation and Infrastruc- 4606. A letter from the Attorney Advisor, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture. Department of Homeland Security, transmit- mittee on Transportation and Infrastruc- 4596. A letter from the Attorney Advisor, ting the Department’s final rule — Special ture. Department of Homeland Security, transmit- Local Regulation; Piana Cup Regatta, Bis- 4616. A letter from the Attorney Advisor, ting the Department’s final rule — Safety cayne Bay & Intracoastal Waterway, Miami, Department of Homeland Security, transmit- Zone; Coast Guard Live Fire Exercise, Gulf FL [CGD07–06–214] (RIN: 1625–AA08) received ting the Department’s final rule — Draw- of Mexico, FL [COTP Sector St. Petersburg, October 15, 2009, pursuant to 5 U.S.C. bridge Operation Regulation; Illinois Water- FL 07–146] (RIN: 1625–AA00) received October 801(a)(1)(A); to the Committee on Transpor- way, Joliet, Illinois [CGD08–07–008] (RIN: 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to tation and Infrastructure. 1625–AA09) received October 15, 2009, pursu- the Committee on Transportation and Infra- 4607. A letter from the Attorney Advisor, ant to 5 U.S.C. 801(a)(1)(A); to the Committee structure. Department of Homeland Security, transmit- on Transportation and Infrastructure. 4597. A letter from the Attorney Advisor, ting the Department’s final rule — Safety 4617. A letter from the Attorney Advisor, Department of Homeland Security, transmit- Zone: 17th Annual Music and Arts Festival Department of Homeland Security, transmitting the Department’s final rule — Safety Fireworks, Miller Place, NY [CGD01–07–134] ting the Department’s final rule — Safety Zone; Cape Neddick, Maine, Shore Road (RIN: 1625–AA00) received October 15, 2009, Zone; Portland Harbor, Maine, Peaks to Bridge [CGD01–06–058] (RIN: 1625–AA00) re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Portland Swim [CGD01–07–097] (RIN: 1625– ceived October 15, 2009, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- AA00) received October 15, 2009, pursuant to 801(a)(1)(A); to the Committee on Transpor- ture. 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. 4608. A letter from the Attorney Advisor, Transportation and Infrastructure. 4598. A letter from the Attorney Advisor, Department of Homeland Security, transmit- 4618. A letter from the Attorney Advisor, Department of Homeland Security, transmitting the Department’s final rule — Special Department of Homeland Security, transmitting the Department’s final rule — Draw- ting the Department’s final rule — Special Local Regulation; Boca Raton Holiday Boat bridge Operation Regulation; Illinois Water- Local Regulations; Dania Beach Super Boat Parade, Intracoastal Waterway, Broward way, Joliet, Illinois [CGD08–07–018] (RIN: Grand Prix Race, Dania Beach, Florida County, FL [CGD07–06–226] (RIN: 1625–AA08) 1625–AA09) received October 15, 2009, pursu- [CGD07–07–066] (RIN: 1625–AA08) received Oc- received October 15, 2009, pursuant to 5 ant to 5 U.S.C. 801(a)(1)(A); to the Committee tober 15, 2009, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on on Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. 4619. A letter from the Attorney Advisor, 4609. A letter from the Attorney Advisor, tation and Infrastructure. Department of Homeland Security, transmit- 4599. A letter from the Attorney Advisor, Department of Homeland Security, transmitting the Department’s final rule — Regu- Department of Homeland Security, transmitting the Department’s final rule — Safety lated Navigation Area; Cumberland River, ting the Department’s final rule — Special Zone; Blynman Canal Bridge over the Clarksville, TN [Docket No.: CGD08–07–027] Local Regulations; Dania Beach Super Boat Blynman Canal, Gloucester, Massachusetts (RIN: 1625–AA11) received October 15, 2009, Grand Prix Race, Dania Beach, Florida [CGD01–07–126] (RIN: 1625–AA09) received Oc- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [CGD07–06–150] (RIN: 1625–AA08) received Oc- tober 15 2009, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- tober 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- ture. 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. 4620. A letter from the Attorney Advisor, tation and Infrastructure. 4610. A letter from the Attorney Advisor, Department of Homeland Security, transmit- 4600. A letter from the Attorney Advisor, Department of Homeland Security, transmitting the Department’s final rule — Safety Department of Homeland Security, transmitting the Department’s final rule — Special Zone; International Docks, Toledo, OH ting the Department’s final rule — Safety Local Regulation; Vero Beach Evening Maumee River [CGD09–06–007] (RIN: 1625– Zone: Wachovia Securities Annual Nan- Christmas Boat Parade, Intracoastal Water- AA00) received October 15, 2009, pursuant to tucket Clambake, Jetties Beach, Nantucket way and Indian River, Vero Beach, FL 5 U.S.C. 801(a)(1)(A); to the Committee on Island, Massachusetts [CGD01–06–050] (RIN: [CGD07–06–242] (RIN: 1625–AA08) received Oc- Transportation and Infrastructure. 1625–AA00) received October 15, 2009, pursu- tober 15, 2009, pursuant to 5 U.S.C. 4621. A letter from the Attorney Advisor, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Transpor- Department of Homeland Security, transmit- on Transportation and Infrastructure. tation and Infrastructure. ting the Department’s final rule — Safety 4601. A letter from the Attorney Advisor, 4611. A letter from the Attorney Advisor, Zone: Fairfield Aerial Fireworks, Jennings Department of Homeland Security, transmit- Department of Homeland Security, transmit- Beach, CT [CGD01–07–094] (RIN: 1625–AA00) ting the Department’s final rule — SPECIAL ting the Department’s final rule — Safety received October 15, 2009, pursuant to 5 LOCAL REGULATION: Devon Yacht Club Zone: Patchogue Grand Prix, Patchogue Bay, U.S.C. 801(a)(1)(A); to the Committee on Fireworks, Amagansett, NY [CGD01–06–047] Patchogue, NY [CGD01–07–108] (RIN: 1625– Transportation and Infrastructure. received October 15, 2009, pursuant to 5 AA00) received October 15, 2009, pursuant to 4622. A letter from the Attorney Advisor, U.S.C. 801(a)(1)(A); to the Committee on 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Homeland Security, transmit- Transportation and Infrastructure. Transportation and Infrastructure. ting the Department’s final rule — Safety 4602. A letter from the Attorney Advisor, 4612. A letter from the Attorney Advisor, Zone, Coast Guard Live–Fire Exercise, Gulf Department of Homeland Security, transmit- Department of Homeland Security, transmit- of Mexico, FL [COTP Sector St. Petersburg, ting the Department’s final rule — SPECIAL ting the Department’s final rule — Special FL 07–149] (RIN: 1625–AA00) received October LOCAL REGULATION: City of Stamford Local Regulation; Martin County Christmas 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to Fireworks, Stamford, CT [CGD01–06–048] re- Boat Parade, North and South Forks of the the Committee on Transportation and Infra- ceived October 15, 2009, pursuant to 5 U.S.C. St Lucie River, Stuart, FL [CGD07–06–243] structure. 801(a)(1)(A); to the Committee on Transpor- (RIN: 1625–AA08) received October 15, 2009, 4623. A letter from the Attorney Advisor, tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Homeland Security, transmit- 4603. A letter from the Attorney Advisor, mittee on Transportation and Infrastruc- ting the Department’s final rule — Safety Department of Homeland Security, transmit- ture. Zone, Coast Guard Live–Fire Exercise, Gulf ting the Department’s final rule — Tem- 4613. A letter from the Attorney Advisor, of Mexico, FL [COTP Sector St. Petersburg, porary Regulated Navigation Area and Secu- Department of Homeland Security, transmit- FL 07–150] (RIN: 1625–AA00) received October rity Zone; Miami Harbor, Florida [CGD07–06– ting the Department’s final rule — Safety 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 162] (RIN: 1625–AA00, 1625–AA11) received Oc- Zone: Susan Mackenzie Fireworks, the Committee on Transportation and Infra- tober 15, 2009, pursuant to 5 U.S.C. Westhampton, NY [CGD01–07–099] (RIN: 1625– structure. 801(a)(1)(A); to the Committee on Transpor- AA00) received October 15, 2009, pursuant to 4624. A letter from the Attorney Advisor, tation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Homeland Security, transmit- 4604. A letter from the Attorney Advisor, Transportation and Infrastructure. ting the Department’s final rule — Safety Department of Homeland Security, transmit- 4614. A letter from the Attorney Advisor, Zone: Charles River One Mile Swim — Bos- ting the Department’s final rule — SAFETY Department of Homeland Security, transmit- ton, Massachusetts [CGD01–07–085] (RIN: ZONE: North Kingstown 4th of July Fire- ting the Department’s final rule — Special 1625–AA00) received October 15, 2009, pursu- works, Town Beach, North Kingstown, Rhode Local Regulation; St Lucie County Christ- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Island [CGD01–06–039] (RIN: 1625–AA00) re- mas Boat Parade, Intracoastal Waterway on Transportation and Infrastructure.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00127 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12586 CONGRESSIONAL RECORD — HOUSE November 6, 2009 4625. A letter from the Attorney Advisor, 4635. A letter from the Attorney Advisor, Ways and Means, Education and Labor, and Department of Homeland Security, transmit- Department of Homeland Security, transmit- the Judiciary, for a period to be subse- ting the Department’s final rule — Safety ting the Department’s final rule — Safety quently determined by the Speaker, in each Zone Regulations; Tampa Bay, FL [COTP Zone; San Carlos Bay, FL [COTP St. Peters- case for consideration of such provisions as Sector St. Petersburg 07–151] (RIN: 1625– burg 07–183] (RIN: 1625–AA00) received Octo- fall within the jurisdiction of the committee AA00) received October 15, 2009, pursuant to ber 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); concerned. 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Transportation and In- By Mr. DENT (for himself, Mr. LEE of Transportation and Infrastructure. frastructure. New York, and Mr. TIBERI): 4626. A letter from the Attorney Advisor, 4636. A letter from the Attorney Advisor, H.R. 4039. A bill to improve the medical Department of Homeland Security, transmit- Department of Homeland Security, transmit- justice system by encouraging the prompt ting the Department’s final rule — Safety ting the Department’s final rule — Safety and fair resolution of disputes, enhancing Zone; Asharoken Fireworks, Asharoken, NY Zone; San Carlos Bay, FL [COTP St. Peters- the quality of care, ensuring patient access [CGD01–07–084] (RIN: 1625–AA00) received Oc- burg 07–177] (RIN: 1625–AA00) received Octo- to health care services, fostering alter- tober 15, 2009, pursuant to 5 U.S.C. ber 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); natives to litigation, and combating defen- 801(a)(1)(A); to the Committee on Transpor- to the Committee on Transportation and In- sive medicine, and for other purposes; to the tation and Infrastructure. frastructure. Committee on Energy and Commerce, and in 4627. A letter from the Attorney Advisor, 4637. A letter from the Attorney Advisor, addition to the Committee on the Judiciary, Department of Homeland Security, transmit- Department of Homeland Security, transmit- for a period to be subsequently determined ting the Department’s final rule — Safety ting the Department’s final rule — Safety by the Speaker, in each case for consider- Zone; Salisbury Beach State Reservation Or- Zone for Albert Whitted Air Show; Tampa ation of such provisions as fall within the ju- dinance Detonation, Salisbury, MA [CGD01– Bay, FL [COTP Sector St. Petersburg 07–175] risdiction of the committee concerned. 07–039] (RIN: 1625–AA00) received October 15, (RIN: 1625–AA00) received October 15, 2009, By Mr. FARR: 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 4040. A bill to redesignate the Mon- Committee on Transportation and Infra- mittee on Transportation and Infrastruc- terey Ranger District of Los Padres National Forest in the State of California as the Big structure. ture. 4628. A letter from the Attorney Advisor, Sur Management Unit, to transfer certain Department of Homeland Security, transmit- f Bureau of Land Management land for inclu- ting the Department’s final rule — Security REPORTS OF COMMITTEES ON sion in the management unit, to adjust the boundaries of the Ventana and Silver Peak Zone; Tampa Bay, Florida [COTP Sector St. PUBLIC BILLS AND RESOLUTIONS Petersburg, FL. 07–152] (RIN: 1625–AA87) re- Wilderness Areas, to designate segments of ceived October 15, 2009, pursuant to 5 U.S.C. Under clause 2 of rule XIII, reports of Arroyo Seco River, Big Creek, Carmel River, 801(a)(1)(A); to the Committee on Transpor- committees were delivered to the Clerk San Antonio River, San Carpoforo Creek, tation and Infrastructure. for printing and reference to the proper and their tributaries as components of the 4629. A letter from the Attorney Advisor, calendar, as follows: National Wild and Scenic Rivers System, and Department of Homeland Security, transmit- for other purposes; to the Committee on Nat- ting the Department’s final rule — Security [Filed on November 7 (legislative day of ural Resources. Zone; Tampa Bay, Florida [COTP Sector St. November 6), 2009] By Mr. BARROW: Petersburg, FL. 07–153] (RIN: 1625–AA87) re- Ms. SLAUGHTER: Committee on H.R. 4041. A bill to authorize certain im- ceived October 15, 2009, pursuant to 5 U.S.C. Rules. House Resolution 903. Resolu- provements in the Federal Recovery Coordi- 801(a)(1)(A); to the Committee on Transpor- tion providing for consideration of the nator Program, and for other purposes; to tation and Infrastructure. bill (H.R. 3962) to provide affordable, the Committee on Veterans’ Affairs. By Mr. KLEIN of Florida (for himself, 4630. A letter from the Attorney Advisor, quality health care for all Americans Department of Homeland Security, transmit- Mr. CLAY, Mr. RODRIGUEZ, Mr. ting the Department’s final rule — Regu- and reduce the growth in health care WELCH, Mr. SIRES, Mr. PETERS, Mr. lated Navigation Areas, Anchorage Grounds, spending, and for other purposes, and BRALEY of Iowa, Mr. SCHAUER, Mr. Safety Zones; Security Zones; Tall Ships providing for consideration of the bill BOCCIERI, Mr. HODES, Mr. SHULER, Rhode Island 2007, Narragansett Bay, Rhode (H.R. 3961) to amend title XVIII of the Mr. ALTMIRE, Ms. BEAN, Mr. SPACE, Island [CGD01–07–013] (RIN: 1625–AA87, 1625– Social Security Act to reform the Mr. BOREN, Ms. SCHWARTZ, Mr. AA00, 1625–AA01, 1625–AA08, 1625–AA11) re- Medicare SGR payment system for MAFFEI, Mr. ADLER of New Jersey, ceived October 15, 2009, pursuant to 5 U.S.C. physicians (Rept. 111–330). Mr. BARROW, Mr. COURTNEY, Mrs. DAHLKEMPER, Mr. DELAHUNT, Mr. 801(a)(1)(A); to the Committee on Transpor- Referred to the House Calendar. tation and Infrastructure. HALL of New York, Mr. BISHOP of 4631. A letter from the Attorney Advisor, f New York, Mr. MILLER of Florida, Department of Homeland Security, transmit- Mr. ROONEY, Mr. JONES, Mr. FRANKS ting the Department’s final rule — Safety PUBLIC BILLS AND RESOLUTIONS of Arizona, Mr. GOHMERT, Mr. MAN- Zone, Freedom Swim, Peace River, FL Under clause 2 of rule XII, public ZULLO, Mr. GINGREY of Georgia, Mr. [COTP Sector St. Petersburg, FL 07–154] bills and resolutions of the following ELLSWORTH, Mr. MCCARTHY of Cali- (RIN: 1625–AA00) received October 15, 2009, titles were introduced and severally re- fornia, Mr. DENT, Mr. BROUN of Geor- gia, Mrs. MCMORRIS RODGERS, and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ferred, as follows: mittee on Transportation and Infrastruc- Mr. MCGOVERN): ture. By Mr. YARMUTH (for himself, Mr. H.R. 4042. A bill to amend the Internal Rev- 4632. A letter from the Attorney Advisor, POLIS, and Mr. GEORGE MILLER of enue Code of 1986 to extend the employer Department of Homeland Security, transmit- California): wage credit for employees who are active ting the Department’s final rule — Safety H.R. 4037. A bill to establish a comprehen- duty; to the Committee on Ways and Means. Zone; Hookers Point Dredge Removal, sive literacy program, and for other pur- By Ms. SHEA-PORTER (for herself and Tampa Bay, FL [COTP St. Petersburg 07–156] poses; to the Committee on Education and Mr. JONES): (RIN: 1625–A00) received October 15, 2009, pur- Labor. H.R. 4043. A bill to amend title 10, United suant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. CAMP (for himself, Mr. States Code, to recognize the spouses of mittee on Transportation and Infrastruc- BOEHNER, Mr. CANTOR, Mr. PENCE, members of the Armed Forces who are serv- ture. Mr. MCCOTTER, Mr. CARTER, Mr. SES- ing in combat or have served in combat 4633. A letter from the Attorney Advisor, SIONS, Mr. MCCARTHY of California, through the presentation of an official lapel Department of Homeland Security, transmit- Mr. BLUNT, Mr. KLINE of Minnesota, button; to the Committee on Armed Serv- ting the Department’s final rule — Safety Mr. BARTON of Texas, Mr. DREIER, ices. Zone, Coast Guard Live Fire Exercise, Gulf Mr. HERGER, Mr. TIBERI, Mr. DAVIS of By Ms. BERKLEY (for herself, Mr. FIL- of Mexico, FL [COTP Sector St. Petersburg, Kentucky, Mr. SAM JOHNSON of NER, Ms. CORRINE BROWN of Florida, FL 07–158] (RIN: 1625–AA00) received October Texas, Mr. BOUSTANY, Mr. SCALISE, Mr. HALL of New York, Mr. MICHAUD, 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. BRADY of Texas, Mr. REICHERT, Mr. COURTNEY, Mr. NYE, Mr. HARE, the Committee on Transportation and Infra- Mr. ROSKAM, Mr. LINDER, Mr. Mr. TEAGUE, Mr. RODRIGUEZ, Ms. structure. STEARNS, and Mr. BUYER): SCHAKOWSKY, Mr. ELLSWORTH, Mr. 4634. A letter from the Attorney Advisor, H.R. 4038. A bill to take meaningful steps MOORE of Kansas, Mr. CROWLEY, Mr. Department of Homeland Security, transmit- to lower health care costs and increase ac- ENGEL, Mr. SPACE, Mr. GRAYSON, Mr. ting the Department’s final rule — Safety cess to health insurance coverage without WU, Mr. DRIEHAUS, Ms. TITUS, Ms. Zone; Gulf of Alaska, Narrow Cape, Kodiak raising taxes, cutting Medicare benefits for EDDIE BERNICE JOHNSON of Texas, Ms. Island, AK [COTP Western Alaska–07–001] seniors, adding to the national deficit, inter- WATSON, Mr. SERRANO, Mr. ADLER of (RIN: 1625–AA00) received October 15, 2009, vening in the doctor-patient relationship, or New Jersey, Mr. SCHAUER, Mr. MUR- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- instituting a government takeover of health PHY of New York, Ms. LORETTA mittee on Transportation and Infrastruc- care; to the Committee on Energy and Com- SANCHEZ of California, Ms. HERSETH ture. merce, and in addition to the Committees on SANDLIN, Mr. ALTMIRE, Mr. HIGGINS,

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Mr. MCNERNEY, Mr. CARDOZA, Mrs. tion and Treatment within the Office of Pub- energy receipts; to the Committee on Nat- KIRKPATRICK of Arizona, Ms. KIL- lic Health and Science of the Department of ural Resources. PATRICK of Michigan, and Mr. SAR- Health and Human Services, and for other By Mr. EDWARDS of Texas: BANES): purposes; to the Committee on Energy and H. Con. Res. 210. Concurrent resolution H.R. 4044. A bill to amend title 38, United Commerce, and in addition to the Committee providing for an adjournment or recess of the States Code, to direct the Secretary of Vet- on Education and Labor, for a period to be two Houses; considered and agreed to. erans Affairs to restore plot allowance eligi- subsequently determined by the Speaker, in By Mr. GEORGE MILLER of California bility for veterans of any war and to restore each case for consideration of such provi- (for himself, Ms. LEE of California, the headstone or marker allowance for eligi- sions as fall within the jurisdiction of the Mr. MCNERNEY, Mr. STARK, and Mr. ble persons; to the Committee on Veterans’ committee concerned. GARAMENDI): Affairs. By Mr. SARBANES (for himself, Mr. H. Con. Res. 211. Concurrent resolution rec- By Ms. BERKLEY (for herself, Mr. FIL- COURTNEY, Mr. LOEBSACK, Mr. ognizing the 75th anniversary of the estab- NER, Ms. CORRINE BROWN of Florida, CUMMINGS, Mr. MCGOVERN, Mr. PE- lishment of the East Bay Regional Park Dis- Mr. HALL of New York, Mr. MICHAUD, TERSON, Ms. KILPATRICK of Michigan, trict in California, and for other purposes; to Mr. NYE, Mr. HARE, Mr. TEAGUE, Mr. Ms. LINDA T. SA´ NCHEZ of California, the Committee on Natural Resources. SNYDER, Mr. RODRIGUEZ, Ms. Mr. PLATTS, Mr. MCINTYRE, Mr. By Mr. CARTER (for himself and Mr. SCHAKOWSKY, Mr. ELLSWORTH, Mr. KRATOVIL, Mr. BISHOP of New York, EDWARDS of Texas): MOORE of Kansas, Mr. CROWLEY, Mr. Mr. RUPPERSBERGER, Mr. NYE, Ms. H. Res. 895. A resolution honoring the lives ENGEL, Mr. SPACE, Mr. GRAYSON, Mr. BERKLEY, Mr. COHEN, Mr. SCHIFF, Mr. of the brave soldiers and civilians of the WU, Mr. DRIEHAUS, Ms. TITUS, Ms. YOUNG of Florida, Ms. SCHAKOWSKY, United States Army who died or were wound- EDDIE BERNICE JOHNSON of Texas, Ms. Ms. SUTTON, Mr. BLUMENAUER, Ms. ed in the tragic attack of November 5, 2009 at WATSON, Mr. SERRANO, Mr. ADLER of BORDALLO, Mr. JOHNSON of Georgia, Fort Hood, Texas; to the Committee on New Jersey, Mr. SCHAUER, Mr. MUR- Mr. KLEIN of Florida, Mr. FRANK of Armed Services. PHY of New York, Ms. LORETTA Massachusetts, Mr. RAHALL, Mr. By Mrs. DAVIS of California (for her- SANCHEZ of California, Ms. HERSETH KAGEN, Ms. SHEA-PORTER, Mr. self, Mr. BRADY of Pennsylvania, and SANDLIN, Mr. ALTMIRE, Mr. HIGGINS, MCCOTTER, Mr. WALZ, Mr. WILSON of Ms. CASTOR of Florida): Mr. MCNERNEY, Mr. CARDOZA, Mrs. Ohio, Mr. GEORGE MILLER of Cali- H. Res. 896. A resolution providing for the MALONEY, Mrs. KIRKPATRICK of Ari- fornia, Mr. ARCURI, Mr. GORDON of concurrence by the House in the Senate zona, Ms. KILPATRICK of Michigan, Tennessee, Mr. HASTINGS of Wash- amendment to H.R. 1299, with an amend- and Mr. SARBANES): ington, Mrs. CHRISTENSEN, Mr. ment; considered and agreed to. H.R. 4045. A bill to amend title 38, United SHULER, Mr. GRIJALVA, Mr. KIND, Mr. By Mr. GUTHRIE: H. Res. 897. A resolution recognizing the States Code, to increase burial benefits for MCNERNEY, Mr. VAN HOLLEN, Mr. importance of teaching elementary and sec- veterans, and for other purposes; to the Com- ELLISON, Mr. HALL of New York, Mr. ondary school students about the sacrifices mittee on Veterans’ Affairs. BARTLETT, Mr. SCOTT of Virginia, Mr. that veterans have made throughout the his- By Ms. BERKLEY (for herself, Mr. PASCRELL, Mr. WELCH, Mr. tory of the Nation; to the Committee on WEINER, Mrs. MYRICK, and Ms. ROS- PERLMUTTER, Mr. CARSON of Indiana, Education and Labor. LEHTINEN): Mr. WEINER, and Mr. YARMUTH): H.R. 4046. A bill to enhance the reporting H.R. 4054. A bill to amend titles II and XVI By Mr. KING of New York (for himself, requirements on the status of the Arab of the Social Security Act to provide for Mr. CROWLEY, Mr. MANZULLO, Mr. League trade boycott of Israel and other treatment of disability rated and certified as WOLF, Mr. ROHRABACHER, and Mr. trade boycotts of Israel; to the Committee total by the Secretary of Veterans Affairs as PITTS): on Ways and Means. disability for purposes of such titles; to the H. Res. 898. A resolution expressing the By Mr. CAO (for himself, Mr. SCALISE, Committee on Ways and Means. sense of Congress regarding the immediate Mr. ALEXANDER, Mr. CASSIDY, Mr. By Mr. SCHIFF (for himself and Mr. and unconditional release of Aung San Suu Kyi, a meaningful tripartite political dia- SESSIONS, Mr. MICA, and Mr. POE of Texas): BOUSTANY): H.R. 4055. A bill to authorize a national logue toward national reconciliation, and H.R. 4047. A bill to use historical averages HOPE Program to reduce drug use, crime, the full restoration of democracy, freedom of to calculate the Federal Medical Assistance and the costs of incarceration; to the Com- assembly, freedom of movement, freedom of Percentage for disaster affected States for mittee on the Judiciary. speech, freedom of the press, and inter- purposes of the Medicaid Program; to the By Mr. SESTAK: nationally recognized human rights for all Committee on Energy and Commerce. H.R. 4056. A bill to amend the Internal Rev- Burmese citizens; to the Committee on For- By Mrs. CAPITO (for herself, Ms. enue Code of 1986 to allow small businesses a eign Affairs, and in addition to the Commit- SCHAKOWSKY, Mr. MASSA, Mr. THORN- credit against income tax for increasing em- tees on Ways and Means, and the Judiciary, BERRY, Mr. RODRIGUEZ, Mr. SESSIONS, ployment; to the Committee on Ways and for a period to be subsequently determined and Ms. NORTON): Means. by the Speaker, in each case for consider- H.R. 4048. A bill to direct the Secretary of By Ms. SLAUGHTER: ation of such provisions as fall within the ju- Veterans Affairs to carry out a pilot pro- H.R. 4057. A bill to amend the Wool Suit risdiction of the committee concerned. gram on the provision of traumatic brain in- and Textile Trade Extension Act of 2004 to By Ms. SHEA-PORTER (for herself and jury care in rural areas; to the Committee on provide for certain payments from the Wool Mr. HODES): Veterans’ Affairs. Apparel Manufacturers Trust Fund, and for H. Res. 899. A resolution honoring the By Mrs. CAPITO: other purposes; to the Committee on Ways members of the New Hampshire National H.R. 4049. A bill to extend temporarily the and Means. Guard for their service to the State of New duty suspension on 2-(Methoxycar- By Mr. SMITH of Washington: Hampshire and the contributions of the New bonyl)benzylsulfonamide; to the Committee H.R. 4058. A bill to amend title 10, United Hampshire National Guard to the domestic on Ways and Means. States Code, to establish the Veterans to and international missions of the Armed By Mrs. CAPITO: Work program providing for the employment Forces through the patriotic service of its H.R. 4050. A bill to extend temporarily the of individuals, especially veterans, who par- members and its innovative programs and duty suspension on Diaminodecane; to the ticipate in apprenticeship programs on des- dedication to military families; to the Com- Committee on Ways and Means. ignated military construction projects, and mittee on Armed Services. By Mr. ISRAEL: for other purposes; to the Committee on By Mr. ISRAEL: H.R. 4051. A bill to amend title 10, United Armed Services. H. Res. 900. A resolution supporting the States Code, to provide for the award of a By Mr. STUPAK: goals and ideals of a Cold War Veterans Rec- military service medal to members of the H.R. 4059. A bill to enhance Internet safety ognition Day to honor the sacrifices and con- Armed Forces who served honorably during and security and to prevent exploitation of tributions made by members of the Armed the Cold War, and for other purposes; to the children online through the use of tech- Forces during the Cold War and encouraging Committee on Armed Services. nology; to the Committee on Financial Serv- the people of the United States to partici- By Mr. KIND (for himself, Mr. ices, and in addition to the Committee on pate in local and national activities hon- CARNAHAN, Mr. DAVIS of Alabama, Energy and Commerce, for a period to be oring the sacrifices and contributions of Mr. HERGER, Mr. MELANCON, Mr. subsequently determined by the Speaker, in those individuals; to the Committee on PAUL, and Mr. TANNER): each case for consideration of such provi- Armed Services. H.R. 4052. A bill to amend the Internal Rev- sions as fall within the jurisdiction of the By Ms. MOORE of Wisconsin (for her- enue Code of 1986 to make certain disaster committee concerned. self, Mr. KIND, Ms. BALDWIN, Mr. CAO, relief provisions permanent; to the Com- By Mr. THOMPSON of California (for and Mr. MELANCON): mittee on Ways and Means. himself and Mr. HELLER): H. Res. 901. A resolution recognizing No- By Mr. MORAN of Virginia (for himself H.R. 4060. A bill to amend the Department vember 14, 2009, as the 49th anniversary of and Mr. PASCRELL): of the Interior, Environment, and Related the first day of integrated schools in New Or- H.R. 4053. A bill to establish the Office of Agencies Appropriations Act, 2010 to repeal a leans, Louisiana; to the Committee on Edu- Childhood Overweight and Obesity Preven- provision of that Act relating to geothermal cation and Labor, and in addition to the

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Committee on the Judiciary, for a period to GRIJALVA, Ms. KILPATRICK of Michigan, Mr. Mr. CASTLE, Mr. BRADY of Pennsylvania, Mr. be subsequently determined by the Speaker, MARKEY of Massachusetts, and Mrs. LOWEY. VAN HOLLEN, Mr. INSLEE, Mr. SCHIFF, Mr. in each case for consideration of such provi- H.R. 2542: Ms. CASTOR of Florida, Mr. LOBIONDO, Mr. MARIO DIAZ-BALART of Flor- sions as fall within the jurisdiction of the HERGER, Mr. MCCOTTER, and Mr. RYAN of ida, and Mr. CAO. committee concerned. Wisconsin. H.R. 3821: Mr. CRENSHAW. By Mr. STEARNS: H.R. 2562: Mr. PATRICK J. MURPHY of Penn- H.R. 3837: Mr. AL GREEN of Texas, Mr. H. Res. 902. A resolution expressing support sylvania. LANGEVIN, and Mr. WELCH. for the designation of January 28, 2010, as H.R. 2567: Mr. GRAYSON. H.R. 3904: Ms. NORTON. National Data Privacy Day; to the Com- H.R. 2573: Mr. THOMPSON of California. H.R. 3905: Mr. BOSWELL. mittee on Energy and Commerce. H.R. 2625: Mr. ADLER of New Jersey, Mr. H.R. 3916: Mr. DENT. CONNOLLY of Virginia, Ms. LEE of California, H.R. 3922: Mr. NADLER of New York. f and Mr. COURTNEY. H.R. 3933: Ms. DELAURO, Mr. CROWLEY, and ADDITIONAL SPONSORS H.R. 2628: Mr. CARNAHAN. Mr. WELCH. H.R. 2642: Ms. ROS-LEHTINEN. H.R. 3936: Mr. CROWLEY, Mr. KIND, Mr. Under clause 7 of rule XII, sponsors H.R. 2674: Mr. MCCOTTER. DAVIS of Alabama, Ms. BEAN, Mr. MCCOTTER, were added to public bills and resolu- H.R. 2733: Mr. SAM JOHNSON of Texas, Mr. and Mr. LATOURETTE. tions as follows: THORNBERRY, Ms. BERKLEY, Mr. KING of Iowa, H.R. 3940: Mrs. CHRISTENSEN. Mr. PETERS, Mr. BOOZMAN, Mr. TIBERI, and H.R. 3942: Ms. ROS-LEHTINEN and Mrs. H.R. 24: Mrs. LUMMIS, Mr. CHILDERS, Mr. Mrs. MYRICK. CHRISTENSEN. HELLER, Ms. KOSMAS, Ms. PINGREE of Maine, H.R. 2788: Mr. AL GREEN of Texas, Mr. CAO, H.R. 3943: Mr. SCHIFF, Mr. KLEIN of Florida, Mr. FLAKE, Mr. CASTLE, Mr. EDWARDS of Mr. DELAHUNT, Mr. PUTNAM, Ms. MARKEY of Mr. LEE of New York, and Mr. COHEN. Texas, Mr. GRAYSON, Mr. GRAVES, Mr. GRIF- Colorado, Mr. FILNER, Mr. CAMPBELL, Mr. H.R. 3947: Mr. SHUSTER. FITH, Mr. BUCHANAN, Mr. PASTOR of Arizona, WITTMAN, Ms. FUDGE, Mr. HALL of New York, H.R. 4000: Ms. NORTON. Ms. WATSON, and Mr. CLEAVER. Mr. DAVIS of Tennessee, Mr. LANCE, Mr. DUN- H.R. 4004: Mr. COHEN, Mr. DAVIS of Illinois, H.R. 108: Mr. RODRIGUEZ. CAN, Mr. JOHNSON of Georgia, Mr. GALLEGLY, and Mr. PAYNE. H.R. 147: Mr. SERRANO, Mr. BOUCHER, and Ms. NORTON, and Mr. CARNAHAN. H.R. 4021: Mr. TEAGUE and Mr. CARNAHAN. Mr. CAO. H.R. 2842: Mr. GALLEGLY. H.R. 4022: Mr. MELANCON, Mr. BONNER, and H.R. 235: Mr. MILLER of Florida. H.R. 2866: Mr. WILSON of South Carolina. Mr. SCALISE. H.R. 391: Mr. CHAFFETZ. H.R. 2906: Ms. NORTON and Mr. RYAN of H.R. 4034: Mr. MCINTYRE, Mr. LARSON of H.R. 500: Ms. KILPATRICK of Michigan. Ohio. Connecticut, and Mr. INGLIS. H.R. 622: Mr. BUTTERFIELD. H.R. 2909: Ms. LEE of California. H.J. Res. 47: Mr. RAHALL. H.R. 669: Ms. KILPATRICK of Michigan. H.R. 3012: Mr. SERRANO. H. Con. Res. 169: Mr. WAMP, Mr. CAO, and H.R. 745: Mr. FATTAH. H.R. 3025: Mr. COHEN. Mr. JONES. H.R. 789: Ms. BORDALLO. H.R. 3035: Mr. FATTAH. H. Con. Res. 197: Mr. FORBES and Mr. SCOTT H.R. 881: Mr. GUTHRIE and Mr. H.R. 3116: Mr. TIM MURPHY of Pennsyl- of Virginia. LUETKEMEYER. vania. H. Con. Res. 199: Ms. CHU and Mr. HASTINGS H.R. 930: Mr. HOLDEN. H.R. 3126: Ms. CHU. of Florida. H.R. 932: Mr. QUIGLEY, and Ms. LINDA T. H.R. 3217: Mr. WITTMAN, Mr. HENSARLING, H. Res. 35: Mr. ORTIZ, Mrs. NAPOLITANO, SA´ NCHEZ of California. and Mr. CRENSHAW. Mr. BACA, Mr. CUELLAR, Ms. DEGETTE, Ms. H.R. 980: Mr. DINGELL, Mr. GORDON of Ten- H.R. 3218: Mr. GOODLATTE and Mr. MATSUI, Mrs. MCCARTHY of New York, Mr. nessee, and Mr. BRADY of Pennsylvania. WITTMAN. SIRES, Ms. KAPTUR, Mr. SPACE, Mr. GUTIER- H.R. 1020: Mr. LEWIS of Georgia, Ms. WA- H.R. 3226: Mr. HALL of Texas. REZ, Mr. LUJ´AN, Mr. REYES, Mr. DOGGETT, TERS, and Ms. RICHARDSON. H.R. 3227: Mr. MARSHALL. Mr. RODRIGUEZ, Mr. GONZALEZ, Mr. H.R. 1024: Mr. GRAYSON. H.R. 3240: Mr. TIERNEY and Mr. SHUSTER. GRIJALVA, Mr. ENGEL, Mr. DAVIS of Ten- H.R. 1067: Mr. CHILDERS. H.R. 3286: Mr. ROTHMAN of New Jersey. nessee, Mr. ETHERIDGE, Ms. LEE of Cali- RIFFITH H.R. 1074: Mr. G . H.R. 3312: Mr. BLUMENAUER. fornia, Ms. WOOLSEY, Ms. ROYBAL-ALLARD, H.R. 1086: Mr. CRENSHAW. H.R. 3321: Mr. BOYD and Mr. GRAYSON. Mr. SERRANO, Mr. BRALEY of Iowa, Mr. H.R. 1126: Mrs. NAPOLITANO. H.R. 3328: Mrs. CHRISTENSEN, Ms. EDDIE HODES, Mr. YARMUTH, Ms. LORETTA SANCHEZ H.R. 1175: Mr. SHULER. BERNICE JOHNSON of Texas, Mr. CONYERS, Ms. of California, Ms. SCHAKOWSKY, Mr. THOMP- H.R. 1203: Mr. MURPHY of Connecticut. BALDWIN, and Mr. FATTAH. SON of California, Ms. EDDIE BERNICE JOHN- H.R. 1205: Mr. TOWNS and Mr. MEEKs of New H.R. 3339: Mr. SIMPSON and Mr. COSTA. SON of Texas, Ms. TITUS, Mr. WELCH, Mr. York. H.R. 3367: Mr. BOREN. OWENS, Mr. HARE, Ms. SUTTON, Mr. H.R. 1396: Mr. SMITH of Texas. H.R. 3408: Mr. STARK and Ms. SCHAKOWSKY. COURTNEY, Mr. FATTAH, Mr. BUTTERFIELD, H.R. 1478: Mr. THOMPSON of California. H.R. 3427: Mr. LIPINSKI. Mr. CARSON of Indiana, Mr. HOLT, Ms. CAS- H.R. 1479: Mr. LYNCH. H.R. 3488: Mr. POLIS of Colorado. TOR of Florida, Mr. AL GREEN of Texas, Mr. H.R. 1521: Mr. CHILDERS and Mr. HARPER. H.R. 3502: Mr. BACHUS. BARTON of Texas, and Mr. TERRY. H.R. 1526: Mr. COURTNEY, Mrs. MALONEY, H.R. 3503: Mr. GUTIERREZ. H. Res. 263: Mr. YOUNG of Florida, Mr. and Mr. FRANK of Massachusetts. H.R. 3519: Mr. SCHAUER and Mr. YOUNG of SMITH of New Jersey, Mr. MORAN of Kansas, H.R. 1584: Mrs. CHRISTENSEN. Florida. and Mr. MCCLINTOCK. H.R. 1625: Mr. BACHUS. H.R. 3554: Mr. COHEN. H. Res. 664: Mr. RUSH, Mr. RAHALL, Mr. H.R. 1677: Mrs. CAPITO. H.R. 3560: Mr. GRAYSON. MOLLOHAN, Mr. LARSON of Connecticut, Mr. H.R. 1766: Mr. JOHNSON of Georgia and Mr. H.R. 3567: Mr. BAIRD. BOSWELL, Mr. COSTA, Ms. LORETTA SANCHEZ QUIGLEY. H.R. 3609: Mr. KIND. of California, Ms. DEGETTE, Mr. ELLISON, H.R. 1799: Ms. FALLIN. H.R. 3610: Mr. TURNER. Mrs. NAPOLITANO, Mr. CLEAVER, Mr. H.R. 1835: Mr. ROONEY, Mr. TIAHRT, and Mr. H.R. 3612: Mrs. BLACKBURN, Mr. SIMPSON, BUTTERFIELD, Mr. THOMPSON of Mississippi, BISHOP of Utah. and Mr. COBLE. Mr. LANGEVIN, Ms. JACKSON-LEE of Texas, H.R. 1874: Ms. KAPTUR. H.R. 3613: Mr. TURNER. Mr. GRAYSON, Mr. SCOTT of Georgia, Mr. H.R. 1908: Mr. POLIS of Colorado. H.R. 3641: Mr. COSTA, Mr. CUELLAR, and Ms. CUELLAR, Mr. MCHENRY, Mr. DAVIS of Illi- H.R. 1924: Ms. RICHARDSON. BERKLEY. nois, Ms. CLARKE, Mr. STARK, Mr. GRIJALVA, H.R. 1925: Mr. TONKO. H.R. 3646: Ms. ESHOO. Mr. CROWLEY, Ms. WASSERMAN SCHULTZ, Mr. H.R. 1974: Mr. BOREN and Mr. DINGELL. H.R. 3650: Mr. YOUNG of Florida. BISHOP of Georgia, Mr. LEWIS of Georgia, Mr. H.R. 1995: Mr. CONYERS. H.R. 3668: Ms. MCCOLLUM, Mr. GENE GREEN JOHNSON of Georgia, Mr. CONYERS, Mr. H.R. 2000: Mr. VISCLOSKY. of Texas, Mrs. BONO MACK, Ms. SCHAKOWSKY, PAYNE, Mr. MEEKS of New York, Mr. TOWNS, H.R. 2139: Mr. DAVIS of Illinois and Ms. and Mrs. CAPPS. Ms. WATERS, Mr. HASTINGS of Florida, Mr. HARMAN. H.R. 3709: Mr. DEFAZIO. CLYBURN, Mrs. HALVORSON, Mr. KANJORSKI, H.R. 2246: Mr. NEAL of Massachusetts. H.R. 3715: Mr. QUIGLEY. Mr. MURTHA, Mr. JACKSON of Illinois, Ms. H.R. 2377: Mr. FILNER. H.R. 3731: Mr. PRICE of North Carolina and FUDGE, Mr. BURGESS, and Mr. INSLEE. H.R. 2378: Mr. MOLLOHAN. Mrs. HALVORSON. H. Res. 699: Ms. BORDALLO. H.R. 2414: Mr. POLIS of Colorado. H.R. 3737: Mr. HINOJOSA and Mr. WELCH. H. Res. 716: Ms. BALDWIN. H.R. 2452: Mr. ROYCE, Mr. PAYNE, and Mr. H.R. 3758: Mr. PAUL and Mr. LOBIONDO. H. Res. 777: Ms. BERKLEY. LAMBORN. H.R. 3766: Mr. HOLT and Mr. GUTIERREZ. H. Res. 870: Mr. NUNES, Mr. JOHNSON of Illi- H.R. 2480: Ms. SUTTON. H.R. 3790: Mr. WILSON of South Carolina, nois, Mr. KINGSTON, Mr. LEE of New York, H.R. 2492: Mr. YARMUTH. Mr. ROTHMAN of New Jersey, and Mr. GRAY- Mr. SHUSTER, Mr. BOUSTANY, Mrs. EMERSON, H.R. 2517: Mr. PIERLUISI. SON. Mr. DENT, Mr. DANIEL E. LUNGREN of Cali- H.R. 2519: Mr. DOGGETT. H.R. 3791: Mr. LATOURETTE, Mr. OLVER, Mr. fornia, and Mr. SCALISE. H.R. 2520: Mr. BRADY of Texas. FILNER, Mr. KRATOVIL, Mr. LARSON of Con- H. Res. 874: Mr. SOUDER. H.R. 2531: Mr. LUJA´ N, Mr. BERMAN, Mr. necticut, Mr. JOHNSON of Georgia, Mr. H. Res. 877: Ms. SPEIER. MORAN of Virginia, Mr. SALAZAR, Mr. BISHOP of Georgia, Mr. HEINRICH, Mr. HODES, H. Res. 882: Ms. WATSON.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00130 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12589 H. Res. 888: Mr. SHULER, Mr. WOLF, and Mr. CONGRESSIONAL EARMARKS, LIM- OFFERED BY MR. WAXMAN MANZULLO. ITED TAX BENEFITS, OR LIM- The provisions that warranted a referral to H. Res. 890: Ms. ROS-LEHTINEN. ITED TARIFF BENEFITS the Committee on Energy and Commerce in H. Res. 892: Mr. TANNER, Ms. SCHWARTZ, Under clause 9 of rule XXI, lists or H.R. 3961, the Medicare Physician Payment Mr. MCGOVERN, Mr. ENGEL, Mr. SHIMKUS, Mr. statements on congressional earmarks, Reform Act of 2009, do not contain any con- WOLF, Mr. CARNAHAN, Mrs. EMERSON, Mr. limited tax benefits, or limited tariff gressional earmarks, limited tax benefits, or MCMAHON, Mr. SIRES, Mr. KLEIN of Florida, benefits were submitted as follows: limited tariff benefits as defined in clause 9 Mr. CROWLEY, Mr. HASTINGS of Florida, Mr. OFFERED BY MR. RANGEL of rule XXI. HOLDEN, Mr. GALLEGLY, Mr. SHUSTER, Mr. The provisions that warranted a referral to The amendment to be offered by Rep- the Committee on Ways and Means in H.R. COBLE, Ms. SCHAKOWSKY, and Mr. BURTON of resentative STUPAK, or a designee, to H.R. 3961, the Medicare Physician Payment Re- Indiana. 3962, the Affordable Health Care for America form Act of 2009, do not contain any congressional earmarks, limited tax benefits, or lim- Act, does not contain any congressional ear- ited tariff benefits as defined in clause 9 of marks, limited tax benefits, or limited tariff rule XXI. benefits as defined in clause 9 of rule XXI.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00131 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE 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, FRIDAY, NOVEMBER 6, 2009 No. 165 Senate The Senate met at 9:30 a.m. and was to the Senate from the President pro It is my understanding the distin- called to order by the Honorable JEFF tempore (Mr. BYRD). guished Senator from New Mexico, Mr. MERKLEY, a Senator from the State of The assistant legislative clerk read UDALL, is going to be here to offer an Oregon. the following letter: amendment today. The manager is U.S. SENATE, here, the chairman, Senator JOHNSON PRAYER PRESIDENT PRO TEMPORE, of South Dakota. We are open for busi- The PRESIDING OFFICER. Today’s Washington, DC, November 6, 2009. ness. It is very important people under- prayer will be offered by the Reverend To the Senate: stand that they have the opportunity Dr. Timothy Keller, Pastor, Redeemer Under the provisions of rule I, paragraph 3, to offer amendments, if, in fact, they Presbyterian Church, New York City. of the Standing Rules of the Senate, I hereby have any. The guest Chaplain offered the fol- appoint the Honorable JEFF MERKLEY, a Sen- In years past, we have finished this ator from the State of Oregon, to perform lowing prayer: appropriations bill in a matter of a Let us pray. the duties of the Chair. ROBERT C. BYRD, couple hours. This year, it has been a Almighty and Everlasting God, Your little tough to get through appropria- presence brings joy in every condition, President pro tempore. Mr. MERKLEY thereupon assumed tions bills. We need to get through the and Your grace is the health of every bill. We have a lot to do before this community. the chair as Acting President pro tempore. year ends. We ask now that You would be both I express my appreciation to Senator present and gracious toward these law- f JOHNSON for his usual fine work. He is makers and leaders as they begin their RECOGNITION OF THE MAJORITY an outstanding Senator and has done a daily work. Visit them with a spirit of LEADER good job of managing this bill through understanding, counsel, and courage, the committee process to get where we so that they may both know and do The ACTING PRESIDENT pro tem- are today. what is right. pore. The majority leader is recog- Give them wisdom as well as compas- nized. f sion as they ponder the plight of the f RESERVATION OF LEADER TIME powerless, so that they may seek jus- SCHEDULE The ACTING PRESIDENT pro tem- tice and peace in our country. Give pore. Under the previous order, leader- Mr. REID. Mr. President, following them a spirit of unity, so that, despite ship time is reserved. honest and deeply felt differences of leader remarks, the Senate will resume conviction, they may humbly work to- consideration of the Military Construc- f gether for the common good. tion and Veterans Affairs appropria- MILITARY CONSTRUCTION, VET- And so that we may obtain all that tions bill. I encourage Senators to ERANS AFFAIRS, AND RELATED You promise, empower us, as a nation, come to the floor today and offer AGENCIES APPROPRIATIONS to love all that You do command. amendments. ACT, 2010 This we ask in the Name of the one Also, we will probably come in The ACTING PRESIDENT pro tem- Redeemer, who gives Himself to us, around 1 o’clock or 2 o’clock Monday pore. Under the previous order, the that we might give ourselves to Him. and that will be an opportunity to offer Senate will resume consideration of Amen. amendments. It is very important to H.R. 3082, which the clerk will state by f finish this bill before Veterans Day. I title. PLEDGE OF ALLEGIANCE think that would send a good message The assistant legislative clerk read to the veterans of our country. Sen- as follows: The Honorable JEFF MERKLEY led the ators are, therefore, encouraged to Pledge of Allegiance, as follows: A bill (H.R. 3082) making appropriations come to the floor and offer amend- for military construction, the Department of I pledge allegiance to the Flag of the ments. Veterans Affairs, and related agencies for United States of America, and to the Repub- the fiscal year ending September 30, 2010, and lic for which it stands, one nation under God, There will be no rollcall votes today. for other purposes. indivisible, with liberty and justice for all. There will be rollcall votes Monday starting at 5:30. The first vote on Mon- Pending: f day will be on Andre Davis to be a cir- Johnson/Hutchison amendment No. 2730, in APPOINTMENT OF ACTING cuit judge for the Fourth Circuit. We the nature of a substitute. PRESIDENT PRO TEMPORE hope to have other votes that evening, The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The based on the amendments that are pore. The Senator from South Dakota clerk will please read a communication filed. is recognized.

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

S11239

VerDate Nov 24 2008 00:57 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.000 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE S11240 CONGRESSIONAL RECORD — SENATE November 6, 2009 Mr. JOHNSON. Mr. President, as we that the order for the quorum call be ing on the street is a crime. Our vet- resume consideration of the MilCon/VA rescinded. erans deserve better than that from the bill, I remind my colleagues how im- The ACTING PRESIDENT pro tem- Nation they served. At the bare min- portant this bill is to the health and pore. Without objection, it is so or- imum, this country has a responsi- well being of our Nation’s veterans and dered. bility to provide its veterans with a military troops and families. AMENDMENT NO. 2737 TO AMENDMENT NO. 2730 place to lay their heads. Overall, the bill provides $134 billion (Purpose: To make available from Medical Sadly, when it comes to this basic for veterans health and benefits and for Services, $150,000,000 for homeless veterans duty, we have not lived up to our urgent investments in military con- comprehensive service programs) ideals. Roughly, 200,000 American vet- struction, including family housing, Mr. UDALL of New Mexico. Mr. erans experience homelessness at some barracks and operational facilities. President, I call up amendment No. time during the year. Veterans are Within that total, the bill before the 2737. twice as likely as other Americans to Senate provides increased funding for a The PRESIDING OFFICER. The be homeless. This is a statistic that number of smaller but important ini- clerk will report. should outrage all of us. tiatives. Let me cite just a few exam- The assistant legislative clerk read President Obama has set a goal of ples. as follows: eliminating the homelessness of vet- For veterans, the bill provides $3.2 The Senator from New Mexico [Mr. erans in 5 years. I commend him for billion for health care and supportive UDALL], for himself, Mr. BINGAMAN, and Mr. that. I commend the subcommittee for services for homeless veterans. Ending BOND, proposes an amendment numbered 2737 the legislation they have put together homelessness among veterans is one of to amendment No. 2730. to provide funding for several VA On page 52, after line 21, add the following: Secretary Shinseki’s top priorities, and SEC. 229. Of the amount appropriated or homelessness programs—and I com- I am committed to doing everything otherwise made available by this title under mend Senator JOHNSON for his leader- possible through the appropriations the heading ‘‘MEDICAL SERVICES’’, $150,000,000 ship on this legislation—including $144 process to help him achieve that goal. shall be available for the grant program million for the Homeless Grant and Per To that end, I have an amendment to under section 2011 of title 38, United States Diem Program. provide another $50 million to the VA Code, and per diem payments under section My amendment, however, increases to renovate empty buildings on VA 2012 of such title. the funding in the bill by a modest $6 medical campuses to provide housing Mr. UDALL of New Mexico. Mr. million, bringing it to the program’s and services to homeless vets. President, let me, first of all, thank full authorization level. Senators BOND For the military, the bill fully funds Senator JOHNSON for all his hard work and BINGAMAN are joining in this effort the expansion of the Homeowners As- on this appropriations bill. The Mili- as amendment cosponsors, and I thank sistance Program to help military fam- tary Construction, Veterans Affairs ap- them for their support. ilies who face steep losses on home propriations bill is one of the most im- This amendment will provide addi- sales as a result of orders to new posts portant bills we do in the Congress be- tional funds to construct, renovate, during the current mortgage crisis. cause, as he has said earlier, it sup- and acquire buildings to be used as Military families cannot pick and ports our veterans, supports their service centers or transitional housing choose when or where they move—they health care, supports military con- for homeless veterans. These grants are go where their orders send them when struction, and supports what they do in critical to organizations working to they are told to move. The expansion the communities around the country provide shelter to our homeless vet- of the Homeowners Assistance Pro- and across the world. In particular, it erans. In my home State of New Mex- gram is designed to help military fami- supports the Department of Veterans ico, six organizations in Albuquerque, lies who must move at a time when Affairs. Gallup, Las Cruces, and Las Vegas, home values have plummeted to avoid After reviewing this piece of legisla- have received these funds over the past foreclosure or financial ruin by com- tion, I commend Senator JOHNSON on 8 years. They will tell you firsthand pensating them for losses on home his excellent leadership. I also thank how critical this funding is to our vet- sales. him for working with me on this par- erans and to our country. And for the Nation’s economic and ticular amendment. I also thank his While I know this funding is not an environmental health, the bill provides excellent staff. end-all, be-all solution to veteran $225 million to promote energy con- I rise to talk about America’s forgot- homelessness, it is a good start. servation and investment in renewable ten heroes and to offer this amendment I received a letter from a 15-year-old energy resources at U.S. military to improve upon the excellent legisla- Boy Scout from Albuquerque a bit ago. bases, nearly triple the budget request. tion before us today. Imagine dedi- His father and grandfather are vet- The Defense Department is the single cating your life to serving your coun- erans, and he is planning to follow in largest consumer of energy in the Na- try. You give up time with your fam- their footsteps and join the military tion. This bill provides the funding to ily, you put your life on the line, you himself when he is old enough. This step up efforts to reduce energy con- sacrifice everything for the freedom young man wrote to say how angry he sumption on military bases and to pro- and security of your fellow Americans. is that we are not doing enough to help mote renewable energy alternatives, Then, you come home and you cannot our homeless veterans. Here is what he ranging from installing energy effi- hold down a job or you cannot adjust to said in his letter that he wrote me: cient light bulbs to powering an instal- everyday life because of the traumatic These men and women are doing what they lation with geothermal energy. experience you have been through. were called to do by our government . . . but These are just a few examples of the Soon, you find yourself without four then they come back and are treated so poor- many important programs funded in walls to call home. ly by everyone . . . We, as a nation, need to this bill, and a few of the reasons why Many of our veterans transition back do more to help our veterans. it is important that we act swiftly to into civilian life without problems. For As long as America faces threats and pass the bill. I urge my colleagues to many others, it simply takes more values freedom, we will need men and come to the floor if they wish to speak time. But for some veterans, that tran- women to protect us. And as long as or if they have amendments to offer, sition is painfully difficult. Sometimes, men and women serve in uniform, we and to work with the committee staff it never happens at all. Right now, all have a sacred responsibility to sup- to clear amendments. more than 130,000 of our Nation’s 24 port them. Mr. President, I yield the floor and million military veterans—brave To the smart young man who wrote suggest the absence of a quorum. Americans who answered the call to me that letter and to all America’s vet- The ACTING PRESIDENT pro tem- serve—are homeless on any given day. erans, this bill and this amendment pore. The clerk will call the roll. They are in their greatest hour of need, builds on efforts to meet our country’s The assistant legislative clerk pro- living on the streets without support moral obligations to the men and ceeded to call the roll. or any hope for a better tomorrow. women who so bravely served our coun- Mr. UDALL of New Mexico. Mr. If every American living on the try. I urge my colleagues to support President, I ask unanimous consent street is a tragedy, every veteran liv- passage of both.

VerDate Nov 24 2008 00:57 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.002 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 6, 2009 CONGRESSIONAL RECORD — SENATE S11241 Mr. President, I yield the floor. only working part time; and 2.2 million Wells Fargo, JPMorgan Chase, and The ACTING PRESIDENT pro tem- workers have given up looking for Citigroup, now issue one of every two pore. The Senator from South Dakota. work altogether. When you add those mortgages. Got that? The largest four Mr. JOHNSON. Mr. President, this is three factors together—official unem- financial institutions issue half of the an excellent amendment. I thank the ployment, people who have given up mortgages in America. They issue two Senator for offering it. I will accept looking for work, and people working out of three credit cards and hold $4 this amendment at the appropriate part time who want to work full time— out of every $10 in bank deposits in the time. what you are left with is an incredible entire country. Mr. UDALL of New Mexico. Mr. 17.5 percent of the American workforce The face value of over-the-counter President, if the Senator will yield for unemployed or underemployed—27 mil- derivatives at commercial banks has a comment, I, once again, thank Sen- lion Americans. And when we go out grown to $290 trillion, 95 percent of ator JOHNSON. I know when he looks at and we find that people are angry or which are held at just five financial in- these veterans issues and deals with hurt or depressed, that is one of the stitutions in the entire country— them, he has the utmost respect. I be- reasons. JPMorgan Chase, Bank of America, lieve he has a son who has served. He Over a year has gone by since Con- Citigroup, Goldman Sachs, and Morgan brings a compassion to these veterans gress—against my vote—passed the Stanley. Derivatives are nothing more issues that shows in this legislation we $700 billion bailout for Wall Street. The than side bets by Wall Street gamblers have on the floor today. Federal Reserve has committed tril- that oil prices will go up or down or I hope all of my colleagues will re- lions of additional dollars in virtually that the subprime mortgage market view the legislation and see that the zero-interest loans and other assist- will continue to get worse or on the Senator from South Dakota put a lot ance to large financial institutions. weather or whatever can make them a of hard work in and his staff has put a Add it all together, and you are look- quick buck. Risky derivative schemes lot of hard work in. I once again appre- ing at the largest taxpayer bailout in led to the $182 billion bailout of AIG, ciate him and his staff for working the history of the world. the collapse of Lehman Brothers, the with me on this amendment. I look for- Then-President Bush, Secretary of downfall of Bear Stearns, and precip- ward to working with him to see that the Treasury Paulson, and Fed Chair- itated the largest bailout in the his- it is accepted. man Ben Bernanke told us at that time tory of the world. Mr. JOHNSON. I thank the Senator that we needed to bail out Wall Street If any of these financial institutions from New Mexico. because we could not allow these huge were to get into major trouble again— Mr. INOUYE. Mr. President, I submit financial institutions and insurance and, frankly, there is no reason to be- pursuant to Senate rules a report, and companies to fail because if they lieve that will not happen because they I ask unanimous consent that it be failed, their failure would be systemic are spending millions of dollars trying to influence Congress to prevent any printed in the RECORD. and would impact every aspect of our action to stop them from going back to There being no objection, the mate- economy and would take down large the way they were before the collapse— rial was ordered to be printed in the segments not only of financial services we would be in line for a bailout that RECORD, as follows: but the entire economy as well. We all remember: This is not a bailout of Wall would be even larger than the bailout DISCLOSURE OF CONGRESSIONALLY DIRECTED that took place over a year ago. Obvi- SPENDING ITEMS Street, this is a bailout to help Main ously, we cannot allow that to happen. Street. I certify that the information required by Not only are too-big-to-fail financial One might think, if these institu- rule XLIV of the Standing Rules of the Sen- institutions bad for taxpayers, the ate related to congressionally directed tions were ‘‘too big to fail,’’ one kind of enormous concentration of ownership spending items has been identified in the obvious solution—and you don’t need a in the financial sector has led to higher committee report which accompanies S. 1407 Ph.D. in economics to figure this out— bank fees, usurious interest rates on and that the required information has been is that you might want to make them credit cards, and fewer choices for con- available on a publicly accessible congres- smaller. If they are too big to fail, sional website at least 48 hours before a vote sumers. on the pending bill. maybe you would want to reduce their Mr. President, I am sure you have size. Yet, under the leadership of the Mr. SANDERS. Mr. President, I ask gotten the same calls I have gotten Bush administration and Fed Chairman unanimous consent to speak as in from people who say: You know, I pay Ben Bernanke, these financial institu- morning business. my credit card bills on time every sin- tions did not get smaller, they got big- The ACTING PRESIDENT pro tem- gle month, and suddenly they raise my ger. pore. Without objection, it is so or- interest rates to 29 percent, to 30 per- Last year, Bank of America, the larg- cent. And one of the reasons these guys dered. est commercial bank in this country, TOO BIG TO FAIL LEGISLATION can get away with doing that is there which received a $45 billion taxpayer is not a heck of a lot of competition Mr. SANDERS. Mr. President, as a bailout, purchased Countrywide, the out there. One out of four American result of the greed, the recklessness, largest mortgage lender in this coun- families, as a result of this greed, this and the illegal behavior of a handful of try, and Merrill Lynch, the largest bro- usury, is now paying an interest rate of executives on Wall Street, we are in kerage firm in this country. You don’t at least 20 percent on their credit the midst of the worst economic crisis become smaller when you incorporate cards. That is another issue that, obvi- since the Great Depression. Millions of other large institutions into your ex- ously, we have to deal with. Americans from one end of this coun- istence. According to BusinessWeek: try to the other have lost their jobs, Last year, JPMorgan Chase, which Bank of America sent letters notifying they have lost their homes, they have received a $25 billion bailout from the some responsible cardholders that it would lost their savings, they have lost their Treasury Department and a $29 billion more than double their rates to as high as 28 ability to send their kids to college, bridge loan from the Fed, acquired percent. and they have lost their hope. In fact, Bear Stearns and Washington Mutual, These are people who pay their bills just this morning, we have learned that the largest savings and loan in the on time. the official unemployment rate is now country. According to a recent study by the a staggering 10.2 percent—the highest Last year, the Treasury Department Pew Charitable Trusts, credit card in- in over 26 years. provided an $18 billion tax break to terest rates went up by an average of 20 Since the recession began in Decem- Wells Fargo to purchase Wachovia, al- percent in the first 6 months of this ber of 2007, 8.2 million Americans have lowing that bank to control 11 percent year, even as banks’ cost of lending de- lost their jobs and the unemployment of all bank deposits in this country. clined. In other words, as banks get rate has more than doubled. In total, Today, these huge financial institu- bigger, consumers are having to pay today 15.7 million Americans are offi- tions have become so big that, accord- twice—once to bail out these institu- cially unemployed; another 9.3 million ing to the Washington Post, the four tions when they screw up altogether are working part time—they want to largest banks in America—and I want and a second time to pay higher fees work 40 hours a week, but they are people to hear this—Bank of America, and interest rates.

VerDate Nov 24 2008 23:32 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.005 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE S11242 CONGRESSIONAL RECORD — SENATE November 6, 2009 The time has come for us to do ex- pened? The individual parts became more Mr. President, I yield the floor. actly what Teddy Roosevelt, a good Re- valuable than the whole. The ACTING PRESIDENT pro tem- publican, did in the early 1900s; the Former Fed Reserve Chairman Paul pore. The Senator from South Dakota. time is now to do what I think most Volcker, the head of President Obama’s Mr. JOHNSON. Mr. President, I sug- Americans understand we have to do; Economic Recovery Advisory Board, gest the absence of a quorum. that is, break up these huge financial said: The ACTING PRESIDENT pro tem- institutions. Keep banks small so that any failure won’t pore. The clerk will call the roll. Yesterday, I introduced S. 2746, the have systematic importance . . . People say The legislative clerk proceeded to Too Big To Fail, Too Big To Exist Act, I’m old-fashioned and banks can no longer be call the roll. which would do just that, and that is separated from nonbank activity. That argu- Mr. TESTER. Mr. President, I ask the bottom line. The bottom line here ment brought us to where we are today. unanimous consent the order for the is that if a financial institution is too That is former Fed Chairman Paul quorum call be rescinded. big to fail, that financial institution is Volcker. The ACTING PRESIDENT pro tem- too big to exist, and we have to start Robert Reich, President Clinton’s pore. Without objection, it is so or- breaking them up. former Labor Secretary, said: dered. This legislation is all of two pages. No important public interest is served by Mr. TESTER. Mr. President, I ask So when people ask you if you have allowing giant banks to grow too big to fail unanimous consent to speak as in read it, unlike the 1,900-page health . . . Wall Street giants should be split-up— morning business. and soon. care legislation, you can say with all The ACTING PRESIDENT pro tem- confidence that you have read it, be- Sheila Bair, the head of the Federal pore. Without objection, it is so or- cause it is all of two pages. What it Deposit Insurance Corporation, has dered. said: says is, first, that the Secretary of the RURAL VETERANS HEALTH CARE Treasury has to identify every single We need to reduce our reliance on large financial institutions and put an end to the Mr. TESTER. Mr. President, I rise to financial institution and insurance idea that certain banks are too big to fail. join with the chairman of the Vet- company in this country that is too big On and on, people all over our coun- erans’ Affairs Committee to urge pas- to fail within 90 days. In other words, try, conservatives, progressives, are sage of S. 1963. This bill contains the what are the institutions that if they making that point. Rural Veterans Healthcare Improve- fail would cause widespread economic Let me conclude by saying this. As ment Act, a bipartisan measure that harm to the country? The Secretary of Members of the Senate, Members of will make countless improvements in the Treasury does that within 90 days. Congress, we are besieged every day by the VA for veterans in most of the After 1 year, the Secretary of the enormously powerful and wealthy spe- rural places in this country. This bill Treasury would be required to break up cial interests. The health insurance in- locks in the mileage reimbursement these institutions so that their failure dustry is spending over $1 million a day rate for disabled veterans who have to would not lead to the collapse of the on lobbying, huge amounts of cam- travel long distances to get to a VA U.S. or global economy. paign contributions. The drug compa- clinic. It also gives greater authority There is growing support in our coun- nies, the military defense contractors, to develop new strategies to address try and around the world for breaking you name it, they are all outside the the mental health needs of OIF and up too-big-to-fail financial institu- door, fighting to make sure that their OEF veterans in highly rural areas tions. Let me give you a few important special interests are getting more and where access to health care is an enor- examples of that growing sentiment all more. But at the top of that list of mous challenge. over the world. I am also pleased the bill authorized It was reported in the Washington powerful special interests certainly are hiring of health care coordinators at a Post and major media all over the the large financial interests. Over a 10- local level, to prioritize the needs of world that the British Government, in year period they spent over $5 billion our country’s 184,000 American Indian fact, is moving in that direction. Let in lobbying and campaign contribu- veterans. Most of these veterans are lo- me quote from the Washington Post: tions in order to make sure that Con- cated in only a few States. The bill The British Government will break up gress deregulated their activities so parts of major financial institutions bailed they could merge, so they could engage gets folks who understand the unique out by taxpayers. Spurred on by European in reckless financial speculation. needs of tribal veterans to the areas regulators, the British Government is forc- They won and the American people that need them the most. I am honored ing the Royal Bank of Scotland, Lloyds have lost, and the American people are we were able to get strong support Banking Group and Northern Rock to sell off paying that price today. The time is across the veterans community for this parts of their operations. The Europeans are now for us to say enough is enough, for bill and I think it will help a lot of calling for more and smaller banks to in- us to do what I think the vast majority rural veterans if we get this bill passed. crease competition and eliminate the threat When someone puts their life on the posed by banks so large that they must be of the American people want us to do rescued by taxpayers, no matter how they and that is, if an institution is too big line to defend this country, they have conducted their business, in order to avoid to fail, it is too big to exist. earned health care, education benefits, damaging the global financial system. Let’s start breaking them up for two and disability benefits if needed. Amer- That is about it. Ain’t more com- basic reasons. No. 1, I don’t want to see ica’s responsibility to honor the prom- plicated than that. Let’s break them a huge bailout having to take place ise of our veterans should not depend up before they again lead this world to again, hundreds and hundreds of bil- on whether the veteran lives in an a major financial crisis. Let’s break lions of dollars of taxpayer money urban area, but too often that is still them up before they require hundreds going to these guys. No. 2, it is the case. This bill helps to address and hundreds of billions of dollars in unhealthy for the economy when so few some of the inequalities facing rural bailout. And in my view, it is a positive people have such a concentration of veterans. thing that the Government of the UK is ownership in terms of credit cards, in This bill was approved unanimously moving in that direction. terms of mortgages, in terms of other by the VA Committee just before Me- But it is not just the Government of financial transactions. The small busi- morial Day. It is now almost Veterans UK. On October 15, 2009, Bloomberg ness community and middle business Day. We can do better by folks who News reported that former Federal Re- community desperately need credit and served our country and settled down in serve Chairman Alan Greenspan—per- they are not getting credit. You have rural America. Let’s not stand in the haps more than any other individual, people on there who are controlling a way for better VA services for rural the person most responsible for the de- whole lot of our financial system. veterans. regulatory efforts which led us to Now is the time to do what Teddy I understand there has been a hold where we are today—said this. This is Roosevelt did well over 100 years ago, put on this bill. Our veterans are too what Greenspan said on October 15, and that is to stand up to these guys. important for politics. The fact of the 2009: For the well-being of the economy and matter is, our veterans are folks who, If they’re too big to fail, they’re too big. In for the American people, let’s break as I said in my comments, have served 1911, we broke up Standard Oil—so what hap- them up. this country so very well. We need to

VerDate Nov 24 2008 00:57 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.006 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 6, 2009 CONGRESSIONAL RECORD — SENATE S11243 step to the plate and serve them in the Third, this bill, as we know, is going take it up. I know the House is. I hope same way they served us—live up to to raise insurance rates because of there are a few House Members listen- our promises, live up to our obligations some of the provisions wherein insuring. I hope people will think about this to the veterans of this country. ance companies have to take all and step back away from it. I encourage the Senate to pass this comers but everyone doesn’t have to I am one of those Republicans who bill very soon. Hopefully, we can get it bill health insurance. In my own State, wants to see responsible health care re- done before Veterans Day. it is a 60-percent increase projected in form. I want to see us lower the costs I yield the floor. 5 years by an independent group. This of this delivery system, which this bill The ACTING PRESIDENT pro tem- is not something the insurance compa- candidly does not do. I want to see pore. The Senator from Tennessee is nies directly put together; an audit was more Americans have access—if not recognized. put together to look at this. all—to affordable, quality health care. Mr. CORKER. Mr. President, I rise to If I had drafted this bill, BOB CORKER This bill, we all know, takes us in a speak as in morning business. from Tennessee, a Republican, if any of direction, there is no question, that is The ACTING PRESIDENT pro tem- the people on this side of the aisle had not the right direction. I hope that to- pore. Without objection, it is so or- drafted this bill, there would not be gether we will figure out a way to ad- dered. one single Democratic vote for this bill dress health care reform in a way that HEALTH CARE REFORM if you look at those components which will stand the test of time. Mr. CORKER. Mr. President, I will be are the basic building blocks of this This bill will not do that, and I know very brief. I know there are very few bill. This week, as I have come up here I have already talked to many of the Senators still here in the Capitol. Most to vote, I have talked to numbers of people I mentioned yesterday who said: people, as they should, have gone home my friends, like you, Mr. President. We realize we are going to create lots to meet with constituents, something I You are one of the specific ones. I don’t of problems. They are going to have to will do a little later this afternoon. I want to throw you in this category, but be dealt with down the road, but we realize there may be very few staff you are my friend. I have numbers of cannot vote against this piece of legis- members who may be listening. I real- friends on the other side of the aisle lation today. I hope the body will rise to the occa- ize the other body is in session and where I seek to find common ground sion. I hope the body will put aside a may possibly take up the health care and we cosponsor legislation together. piece of legislation that I do not think bill that all of us have been talking You and I are working on something about for some time here on the floor. anybody feels great about. I hope we right now. will come together and do something I want to make a point I made a few As I rode the elevator up yesterday that is in the best interests of our days ago one more time. Early this to the vote we had last night, I talked country. week I woke up early in the morning to some numbers of my friends on the and was thinking about the health care I yield the floor. other side of the aisle, both on the ele- The ACTING PRESIDENT pro tem- legislation that is before this body—or vator, walking here, but on this floor. pore. The Senator from Hawaii is rec- will be before this body very soon. It And I said: You know, guys, if I had ognized. has been the focus of the country, if offered this bill, or any Republican had Mr. AKAKA. Mr. President, I ask you will, over the last several months. offered this bill that we are getting unanimous consent to proceed as in I thought about the provisions that are ready to debate on the Senate floor, morning business. the base building blocks in this legisla- there would not be a single Democratic The ACTING PRESIDENT pro tem- tion. You have a piece of legislation vote for it. pore. Without objection, it is so or- that is taking Medicare savings, $400 to That is not because of partisanship, dered. $500 billion, and using those ‘‘savings’’ by the way; it is because of what is in RURAL VETERANS HEALTH CARE to leverage a whole new entitlement, the bill itself. Almost to a person, Mr. AKAKA. Mr. President, I have not using those ‘‘savings’’ to take there were a few who said they agreed. come to the floor today to discuss an Medicare and make it more solvent or They said: You are right. If Repub- important veterans’ bill. Before I do so, to deal with the SGR issue so many licans offered a bill that is at $400 to I wish to express my great sadness physicians around this country are $500 billion of Medicare savings and did about the horrible tragedy yesterday concerned about. not apply it to making Medicare more at Fort Hood. My thoughts and prayers I thought about the fact that not solvent but took that to leverage a are with those wounded, the families of long ago, a couple of years ago—and whole new program, there would not be those killed, and to all the soldiers and probably, Mr. President, even when you a single Democratic vote for that bill. civilians defending our great nation at were doing the same thing I was doing So I understand. We had a President Fort Hood. and that is seeking this office—so of our party during the first 2 years I As chairman of the Senate Com- many people were concerned about the was here. I understand what happens mittee on Veterans’ Affairs, I take my unfunded liabilities we had in Medicare when you are going to ‘‘do one for the responsibility to the Nation’s veterans and Social Security. There seemed to Gipper,’’ if you will. You are going to very seriously. We are an active com- be a bipartisan move to want to solve ‘‘do one for the President’’ who needs mittee and are working hard to make that problem for the long haul so we this. But this is a very important piece improvements in VA care and benefits. knew that those particular entities of legislation. I do not understand—I I am delighted to note that the Presi- would be dealt with in an appropriate really do not—on something that is dent signed the Veterans Health Care way. Here we have a bill that is taking going to be hard to undo, why so many Budget Reform and Transparency Act $400 billion to $500 billion in savings, of my colleagues on the other side of of 2009 into law last month. This meas- depending on which draft, whether it is the aisle are supporting a piece of leg- ure will provide timely and predictable the House or the Senate, and instead of islation that if they were left to their funding for the veterans health care making Medicare more solvent—it has own accord and in a vacuum—did not system. I am grateful to all who $38 trillion in unfunded liabilities—we have the President, did not have the worked on this, including the commit- in this body are using those savings to majority leader, did not have the tee’s ranking member, and the Vet- leverage a whole new program. Speaker of the House pushing this leg- erans Service Organizations, that made Second, we are using Medicaid and islation—if it was just presented to this one of their priorities. basically creating huge unfunded man- them if they were at a townhall meet- Despite this success, we, as a com- dates for our States. I think all of us ing, they had never heard of this legis- mittee, have not been able to achieve know that. In my own State we have a lation before, and somebody said: action on S. 1963, the proposed Care- Democratic Governor who wants to see Would you support a bill that does this, giver and Veterans Health Services Act health care reform occur, as I do, but I do not think there would be a person of 2009. This vitally important vet- he is very concerned, in a State that on the other side of the aisle who erans’ health bill is being held up by a expects revenues to be at 2008 levels in would support this legislation. single Senator. Each day that this 2013, that all of a sudden he has this So as we move into this weekend— measure is delayed, means that vital unfunded mandate. and I know this body is not going to benefits for veterans are delayed.

VerDate Nov 24 2008 23:32 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.008 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE S11244 CONGRESSIONAL RECORD — SENATE November 6, 2009 This is a bipartisan bill, the provi- On any given night we know that There should be no ambivalence in sions of which were reported by the more than 130,000 veterans are home- our attitude toward those who serve in committee as S. 801 and S. 252, with the less. the U.S. Armed Forces. full support of our ranking member, We know that homelessness is often a And this legislation should be imme- Senator BURR. consequence of multiple factors, in- diately cleared by the Senate. This bill is supported by many vet- cluding unstable family supports, job The ACTING PRESIDENT pro tem- erans’ organizations, including the loss, and health problems. pore. The Senator from Alaska. American Legion, the Veterans of For- S. 1963 would also create programs to Mr. BEGICH. Mr. President, I ask eign Wars, the Disabled American Vet- help ease the burden of veteran home- unanimous consent to speak in morn- erans, the Paralyzed Veterans of Amer- lessness, including programs aimed at ing business. ica, and the Wounded Warrior Project. outreach so that veterans know that The ACTING PRESIDENT pro tem- Various other advocates support this they are eligble for benefits. pore. Without objection, it is so or- bill, as well, including the Nurses Orga- This lone Senator also is blocking dered. nization of Veterans Affairs, the Brain provisions that would improve quality Mr. BEGICH. Mr. President, I rise in Injury Association of America, the controls for VA health care, from the support of S. 1963, the Caregiver and Veterans Omnibus Health Services Act American Academy of Ophthalmology, facility level to the national level. the American Association of Colleges Two years ago, the VA hospital in of 2009. I thank the chairman of the of Nursing, and many others. Marion, IL, hadnine veterans die fol- Veterans’ Affairs Committee, Senator AKAKA, for his leadership on this bill By blocking S. 1963, this single sen- lowing surgery. ator is denying veterans many benefits The VA’s inspector general found and in committee. S. 1963 is comprehensive legislation and services. that the Marion VA’s quality controls that addresses many of the needs of our One of the key benefits is caregiver were not adequate to ensure that vet- assistance for our most seriously veterans, our Nation’s heroes. Provi- erans received good quality care. sions are included to improve veterans wounded veterans. This month, the IG published another The committee continues to hear health care, provide benefits for care- report on the Marion hospital, finding about family members who quit their givers of wounded veterans, enhance that it still did not have adequate qual- jobs, go through their savings, and lose outreach to homeless veterans, and ex- ity controls. It is time for this body to their health insurance, as they stay pand health care for female veterans. act, so that no more veterans receive home to care for their wounded family The bill also provides for VA personnel less than the best care VA can provide. members. improvement and quality management. For those family members who man- Senator DURBIN drafted provisions in Rural veterans, such as those in my age to keep their jobs, their employers, this bill that will help improve overall State who face challenges accessing including many small businesses al- quality management so as to help fix health care every day, will benefit ready struggling in these economic the problems at Marion and other fa- from this bill. It expands telemedicine times, lose money from absenteeism cilities. programs and provides the Department and declining productivity. S. 1963 would provide uniform allow- of Veterans Affairs authority to recruit The toll on the caregivers, who try to ances for VA police officers. Many or- and retain high-quality health profes- do it all, can be measured in higher ganizations have expressed support for sionals in rural communities. The bill rates of depression, and poor health as these provisions, including the Fra- also improves mental health care. Eli- they struggle to care for these wounded ternal Order of Police. gibility to receive readjustment coun- warriors, an obligation that ultimately VA police officers ensure the security seling for Iraq and Afghanistan vets, belongs to the government. of veterans and their families while including the National Guard and re- This legislation fulfills VA’s obliga- they are visiting VA hospitals and clin- servists, will increase. tion to care for the nation’s wounded ics. So many issues facing our veterans veterans, by providing their caregivers To refuse to provide for these officers today are addressed in S. 1963. Passage with counseling, support, and a living because it is too expensive is not only of this legislation and its enactment stipend. penny-wise and pound-foolish, it cheap- into law will improve and increase The measure also provides health ens the sacrifices of these uniformed services for veterans and acknowledge care to the family caregivers of injured officers and the Nation’s veterans who the sacrifice of their caregivers. veterans. These caregivers deserve our are protected by them. Yet even as Veterans Day ap- support and assistance. While I understand that the Senator proaches, a Member of the Senate has As a representative of the Wounded who is refusing to agree to allow this placed a hold on this bill, denying bet- Warrior project said in testimony be- bill to go forward questions the cost of ter services for our veterans. I cannot fore the committee, ‘‘The time has the underlying bill, I would say that we imagine why this hold has been placed surely come to create a robust, nation- cannot now turn our back on the obli- on this legislation. How can a Member wide wounded warrior family caregiver gation to care for those who fought in of the Senate deny our veterans better program to address the urgent needs of those efforts. care? How can my Senate colleague these family members.’’ S. 1963 creates When we, as a body, vote to send justify his hold on a bill that helps such a program. American troops to war, we are prom- homeless and wounded veterans? How By blocking S. 1963, this Senator is ising to care for them when they re- can my colleague deny veteran care- also blocking benefits specifically for turn. givers deserved relief and support? women veterans. This bill, and Senator I firmly believe the cost of veterans’ There is no excuse for not supporting MURRAY has been a leader on this, benefits and services is a true cost of our veterans and their caregivers. They would do a number of things, such as war and must be treated as such. have earned better than what we have increase funding for mental health care We are preparing to observe Veterans provided to date. This bill gives us an for women who suffered military sexual Day. opportunity to provide for veterans and trauma, and for medical services for Let us remember that we owe our to honor their sacrifices. This bill, on newborn children. veterans our gratitude and apprecia- which my colleague has placed a hold, With the help of Senator TESTER, tion year round, and not merely on the will eliminate copayments for veterans this bill also would improve access to day set aside for the commemoration who are catastrophically disabled and care in rural areas. States which have of their service and sacrifice. allow the VA to reimburse these vet- an especially high number of veterans It would be truly disgraceful if veterans for emergency care at non-VA fa- living in rural areas, such as Montana, erans were made to feel forgotten ex- cilities. How can my colleague deny Nevada, Wyoming, Florida, Arizona, cept for this 1 day per year. disabled veterans easier and less costly Arkansas, Virginia, Idaho, Oklahoma, Indeed, our gratitude should be as medical care? Veterans have paid their and New Mexico, would benefit greatly steadfast as the great monuments that dues, and it is our turn, our duty, and from these programs. Americans have built in commemora- our obligation to take care of them. The bill also attacks another prob- tion of the very service and sacrifices I am disappointed my Senate col- lem, that of homeless veterans. our veterans made. league does not share this same sense

VerDate Nov 24 2008 00:57 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.007 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 6, 2009 CONGRESSIONAL RECORD — SENATE S11245 of duty and responsibility to our Na- time to serve as the acting chairman of West Point. At West Point, it was not tion’s heroes who have sacrificed so the subcommittee and worked very just a great education, it was not just much for our very right to stand in this closely with both Senator JOHNSON, our an opportunity to serve the Nation. body and debate this matter. There is chairman, and Senator HUTCHISON, the The most important opportunity I had no good reason or rationale for a hold ranking member. They are both very was to meet an extraordinary group of to be placed on this legislation. committed and dedicated colleagues, my colleagues and classmates who I call on my colleague to remove this and they have done a remarkable job. have served this Nation with great dis- hold and ask my colleague to remem- This bill provides $134 billion for tinction now for over 30 years. ber, as Veterans Day approaches, that military construction, military family Recently, some of my colleagues who those who have served this country de- housing, and veterans affairs programs, have reached general officer ranks serve better. They have earned it. It is an increase of approximately $429 mil- have retired: GEN Bill Dailey, who was my obligation and his obligation to lion over the President’s request. one of the chiefs of our special oper- support our veterans and to always re- This bill provides a total of $109 bil- ations forces, someone whose heroism member the sacrifice they have made. lion for the VA and increases funding and courage would be well renowned if Senator COBURN, let the Senate pro- for medical care by $4.2 billion over it could be revealed, but because of his ceed with recognizing and providing for last year’s funding. special operations missions, much of our Nation’s veterans by removing For the first time, the bill includes what he has done will be classified for your hold on S. 1963. advance appropriations for the VA’s many years; GEN Mike Maples, who Again, I thank Chairman AKAKA for medical programs to ensure a stable was the head of the Defense Intel- his unwavering support and advocacy and uninterrupted funding stream. ligence Agency—two valued friends and for our veterans. This bill also provides funding to classmates who have retired. I suggest the absence of a quorum. combat homelessness among veterans. In a few days, another of my class- The ACTING PRESIDENT pro tem- This is a priority of both Secretary mates will join that distinguished ros- pore. The clerk will call the roll. Gates and Secretary Shinseki, and also ter: LTG Tom Metz. Tom Metz is some- The legislative clerk proceeded to Admiral Mullen, the Chairman of the one who personifies the values of duty, call the roll. Joint Chiefs of Staff. This bill includes honor, and country, and who has spent Mr. REED. Mr. President, I ask unan- $3.2 billion for health care, support his entire life in service to the Nation. He joined the Army as an enlisted imous consent that the order for the services, and housing assistance for man in 1966. He went to the Army’s quorum call be rescinded. homeless veterans. West Point preparatory school, and The ACTING PRESIDENT pro tem- I hope, again, the Senate will act be- then he joined the class of 1971 in the pore. Without objection, it is so or- fore Veterans Day to pass this meas- summer of 1967. Even then, back in the dered. ure. I think it would be a fitting trib- late 1960s, it was quite obvious that TRAGEDY AT FORT HOOD, TEXAS ute to our veterans, whom we honor in Mr. REED. Mr. President, I come to Tom Metz was going to be a leader in words, and I think we have the chance, our Army, that he was going to com- the floor today, as so many of my col- early next week, to honor them in leagues have, to reflect on the extraor- mand great responsibilities. It was a deeds. function of his skill but, most impor- dinary tragedy that took place at Fort Mr. President, I ask unanimous con- Hood, TX, yesterday. It is almost in- tantly, it was a function of his char- sent that my following remarks be acter, his commitment to those he led conceivable such an event could take printed elsewhere in Morning Business. place. and to the Nation he chose to serve. The ACTING PRESIDENT pro tem- Tom Metz’s career has been an ex- As we sort through the motives and pore. Without objection, it is so or- traordinary one. He started as a lieu- the rationale, which may take weeks, I dered. tenant in the 1st Battalion of the 509th think we, obviously, have to extend our (The remarks of Mr. REED are printed Parachute Infantry Regiment in Ger- deepest, sincerest condolences to the in today’s RECORD under ‘‘Morning many in the 1970s. He rose through the families of these men and women. They Business.’’) ranks to hold command at every level: were there because they wanted to Mr. REED. Mr. President, I yield the platoon, company, battalion. serve their country. They were there floor and suggest the absence of a He concluded his command respon- because they were willing to risk their quorum. sibilities in Iraq as the commander of lives in service to this Nation. The ACTING PRESIDENT pro tem- Multi-National Corps-Iraq during Oper- Tragically and inexplicably, it hap- pore. The clerk will call the roll. ation Iraqi Freedom. There he led our pened on a post in the United States The assistant legislative clerk pro- forces from January 2004 to February not in a faraway land. I think this is a ceeded to call the roll. 2005. In a difficult moment, he provided moment where we all have to stop, not Mr. REED. Mr. President, I ask unan- the leadership and the example that only to extend our warmest condo- imous consent that the order for the our forces needed. lences to the families, but also to re- quorum call be rescinded. His previous assignments included flect on the service and sacrifice of all The ACTING PRESIDENT pro tem- being the assistant division com- the troops. Their continued willingness pore. Without objection, it is so or- mander of the 4th Infantry Division, to serve and expose themselves to risk, dered. where he was able to begin the techno- to leave their families behind—all of f logical improvement of our Army by this creates the pressure, the tension, introducing new digital technology for MORNING BUSINESS the burden of soldiering in this mo- our armored forces. He also served in ment in our history. We owe them Mr. REED. Mr. President, I ask unan- several staff positions of great respon- more than we can repay them. imous consent that the Senate proceed sibility. At this moment, I express my deepest to a period of morning business, with Presently, he is the head of the Joint condolences to the families and also to Senators permitted to speak for up to Improvised Explosive Device Defeat Or- those soldiers who came to the aid of 10 minutes each. ganization. This is the weapon—the their comrades, who exposed them- The ACTING PRESIDENT pro tem- IED—of choice of our opponents, and selves in a dangerous manner to try to pore. Without objection, it is so or- the Department of Defense chose one of get people to safety, to try to provide dered. the most capable and most caring indi- first aid to the wounded. They continue f viduals to lead our effort to defeat to be our heroes, and they always will these devices. be. TRIBUTE TO LIEUTENANT Tom will conclude a distinguished Mr. President, I would now like to GENERAL THOMAS F. METZ career. He was bolstered, supported, en- speak on the military construction bill Mr. REED. Mr. President, I have been couraged, and sustained throughout his before us. I want to commend, obvi- very fortunate in my life. One of the career by his wife Pam and his family. ously, my colleagues, Senator JOHNSON great opportunities I received from They, too, served and they, too, de- and Senator HUTCHISON, for their great Senator John O. Pastore of Rhode Is- serve our great commendation and re- work. I had the privilege for a short land was the opportunity to attend spect.

VerDate Nov 24 2008 23:32 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.011 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE S11246 CONGRESSIONAL RECORD — SENATE November 6, 2009 I am extraordinarily proud of his There are ministries in Afghanistan ment will be determined in large part service as a classmate, as a friend, as that are in need of serious reform. The by whom he decides to incorporate someone who admires his character, Interior Ministry, which oversees the from the opposition. his courage, and his unstinting com- police, must confront the corruption While his main opponent, Abdullah, mitment to the soldiers he led and the practiced by police officers on a daily has said he will not join a unity gov- Nation he served. I thank him for his basis. The Agriculture, Energy, and ernment, there are competent people great service. Private Development Ministries also from his team who can play a construc- Mr. President, I suggest the absence require substantial reforms. tive role in Afghanistan. of a quorum. A second area to examine: President We want and need President Karzai The ACTING PRESIDENT pro tem- Karzai should move quickly to publicly as a reliable partner. I hope his reelec- pore. The clerk will call the roll. distance himself from some of the more tion will provide the opportunity for a The assistant legislative clerk pro- unsavory characters from his election fresh start in Afghanistan, a start that ceeded to call the roll. campaign. is characterized by a commitment to The ACTING PRESIDENT pro tem- GEN Abdul Rashid Dostum, the good governance, political inclusion, pore. The Senator from Pennsylvania Uzbek warlord, has been accused of ter- and a realization that Afghanistan’s fu- is recognized. rible human rights violations for his ture must be based upon the rule of Mr. CASEY. Mr. President, I ask role in detaining thousands of Taliban law. unanimous consent that the order for fighters who were suffocated in ship- When I saw President Karzai in Au- the quorum call be rescinded. ping containers. Mr. Karzai’s Vice gust just after the election, I implored The ACTING PRESIDENT pro tem- Presidential partner, Mr. Fahim, has him to confront these pressing issues pore. Without objection, it is so or- been accused of drug trafficking. and explained that the patience of the dered. I fully acknowledge and I think ev- American people was not infinite—in eryone in this body fully acknowledges fact, it grows shorter by the day. f that President Karzai has a difficult The next few weeks will be pivotal. AFGHANISTAN job of balancing a wide variety of Af- President Karzai can do so much to re- Mr. CASEY. Mr. President, I rise ghan power centers and ethnic groups. build the confidence of the inter- today to talk about the aftermath of We know that. But building a founda- national community and the Afghan the elections debacle in Afghanistan. tion for his country on such dubious people in this short period of time. As President Hamid Karzai’s first term grounds not only calls into question President Obama determines our troop was characterized by a cloud of corrup- his judgment but seriously endangers commitment to the Afghan theater, it tion and mismanagement. In his speech the prospects for sustainable reform. must be done with a confidence in Af- on Tuesday, President Karzai promised Third: Karzai should keep in place ghanistan’s decisionmakers—a con- to battle corruption and to build a gov- those who have competently fulfilled fidence that frequently does not often ernment that includes elements of his their responsibilities. exist today. political opposition. Our President, Most noteworthy, perhaps, is the President Karzai cannot let his gold- President Obama, said that Mr. Governor of Helmand Province, Gov- en hour pass. It is too important to the Karzai’s performance should be meas- ernor Mangal, who continues to strug- future of Afghanistan. It is too impor- ured not in words but deeds. I believe gle on the front lines against the tant to the Afghan people. Finally and this to be true, and I wish to offer some Taliban. I had the opportunity this most critically, it is too important for past August to meet Governor Mangal thoughts on how President Karzai can the American families who have lost and to spend some time with him. He is loved ones in Afghanistan and have rel- rebuild the confidence of the Afghan very brave, and he is very competent. I atives currently serving in Afghani- people as well as the international think President Karzai should under- stan. The sacrifice made by U.S. troops community. stand that the American people expect and civilians working to bring stability I am afraid the time window for this Governors to be strengthened and not and a democratic future to the country new government will be very short, so undermined. Mr. Karzai should em- cannot be overstated or undervalued. President Karzai needs to move quick- power provincial Governors and local This should be the starting point for ly and with resolve. We might ask, leaders who have proven their ability any discussion with President Karzai. what are the markers by which we to lead. At the national level, the I believe he has a solemn obligation should measure the progress of this Health Minister has also done a com- to get this right, just as we have an ob- new Afghan Government? I believe mendable job, and the Education Min- ligation here in the Congress to get our there are at least five areas to review. istry has made some important strides. strategy in Afghanistan right. There First: President Karzai intends to We cannot tell Karzai whom to retain won’t be just one way to do that. We build a better legislative framework to or dismiss in his new government, but will get it right only by vigorous de- combat corruption. This is good. But these personnel decisions send a very bate, only by an honest dialog of the he has also said that corruption cannot strong signal to the Afghan people and challenges we face. be solved by replacing high-ranking of- the international community of where But one of the most significant chal- ficials. I could not disagree more with he intends to lead the country in the lenges, in addition to the obvious secu- that assessment. With a host of govern- short term. rity challenge as well as the development officials accused of corruption, Fourth: President Karzai needs to mental challenges, is this central con- we will not see a significant break with take steps to improve the election cern we have about governance. Gov- the past. A large part of battling cor- process in Afghanistan. ernance in Afghanistan starts with ruption is removing the perception of Systemic and widespread fraud President Karzai. He has an oppor- corruption. Keeping these officials in marred the 2009 election. President tunity to demonstrate he is committed place will only serve to fuel a com- Karzai should call for an inquiry into to these reforms on corruption, on the monly held perception that Mr. Karzai the 2009 electoral process led by experts better delivery of services to his peo- refuses to resolutely deal with this from Afghanistan and the inter- ple, but he has not done very well in a issue of corruption. national community. Parliamentary lot of those measures in the recent I echo President Obama’s call for elections are scheduled for next year. past. He has to prove himself first and strengthening the country’s anticor- Without a serious investigation and an foremost to his own people that he is ruption commission. The establish- effort to address the shortcomings of serious about these reforms, but I ment of such a body is long overdue the electoral system, the elections in think he also has an obligation to our and could play a key role in rebuilding 2010 and in the future are at risk. With- government and to the international Afghanistan’s trust in the legitimacy out clean electoral processes in place, community to demonstrate that he of the Karzai government. The CIA the Afghan people will continue to wants to get this right. should not—should not—be cooperating question the legitimacy of their elect- Mr. President, I yield the floor and with Wali Karzai. If we are serious ed leaders. note the absence of a quorum. about corruption, we should also be Fifth and finally: The viability and The ACTING PRESIDENT pro tem- judged by our deeds and not our words. legitimacy of this new Karzai govern- pore. The clerk will call the roll.

VerDate Nov 24 2008 00:57 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.012 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 6, 2009 CONGRESSIONAL RECORD — SENATE S11247 The assistant legislative clerk pro- ing problem this Congress has in order as the number of Americans losing ceeded to call the roll. to highlight this issue. It is of grave their jobs has now risen to a 10.2-per- The ACTING PRESIDENT pro tem- concern to me, not just as a Senator cent national unemployment level. pore. The Senator from Florida is rec- who represents 18 million people in We are spending $700 million a day to ognized. Florida but as a father of three chil- pay the interest on the debt, and we Mr. LEMIEUX. Mr. President, I ask dren—Max, Taylor, and Chase, 6, 4, and are funding transportation museums. If unanimous consent that the order for 2—and a baby on the way. My wife and we would have stayed at the spending the quorum call be rescinded. I are concerned, as every parent should level from last year and cut out these The ACTING PRESIDENT pro tem- be, about their future. It is our obliga- extraneous programs, congratulatory pore. Without objection, it is so or- tion as parents to make sure they have signs that tell us we built a road, dered. better opportunities than we had. In transportation museums, and other Mr. LEMIEUX. Mr. President, I ask fact, that is the American creed, that spending programs—which some unanimous consent to speak as in every generation ensures that its chil- amendments sought to cut, but they morning business. dren have equal or better opportunities did not pass—we would have saved $12.7 The ACTING PRESIDENT pro tem- than the opportunities they enjoy. But billion. In Washington, $12.7 billion pore. Without objection, it is so or- I am concerned for my children and for doesn’t sound like a lot of money. We dered. all the children in this country that at talk about trillions of dollars here. But f this present rate of spending, we will $12.7 billion could have done a lot of CONGRESSIONAL SPENDING not be able to ensure that they have good. What could we have spent that Mr. LEMIEUX. Mr. President, before those equal or better opportunities. I begin my remarks for today, I wish to Congress is spending too much. Both money on? I think it is important to say a few words about the tragedy that sides of the aisle talk about fiscal re- realize that every time we spend a dol- occurred yesterday at Fort Hood. I straint and fiscal discipline, and yet we lar, we are making a choice. It is a know I share the feelings of all Ameri- keep spending more than we have. This choice about how we are going to di- cans who were deeply saddened by the government took in $2.1 trillion in rev- rect this country’s future. We can ei- events of yesterday, and our thoughts enues this year; yet we spent $3.5 tril- ther return that dollar and not spend and prayers go out to the families of lion. it, give it back to the people who paid the young men and women who were I am not used to this system because, it, or we could not spend it and not in- lost and who were injured in the tragic as you know, I come from a State sys- crease our debt and put that on our situation that occurred yesterday. tem, where I served as a chief of staff children’s backs, or we could have I also wish to take this opportunity to a Governor. In Florida, we have to spent it on something different and to add words of appreciation to the balance our budget. Every year we maybe better. first responders and the medical profes- looked at the receipts. We anxiously Here is an example: One thing I ap- sionals who helped these men and looked, almost on a monthly basis, to plaud the administration for in their women who were injured yesterday. It see how much money was coming in to stimulus program is they have $8 bil- is heroes helping heroes that really determine how much could be spent, or lion set aside for high-speed rail. That shows America at its best. Our what kind of tax breaks could be given is exactly the kind of thing this coun- thoughts and prayers will be with all of back to the people, or how much could try should undertake. The Federal these brave young men and women who be put in the reserves. Those were the Government should not do much, but were tragically slain yesterday, and good times. As the economy declined, they can do things that communities their families. we watched the money and made deci- and States cannot often do for them- Mr. President, the purpose for which sions about how much we were going to selves. High-speed rail is such a na- I rise today is to talk about the spend- have to cut. At the end of the day, we tional-sized project, in my opinion, ing of this Congress, something I have had to balance the budget. that the role of the Federal Govern- been doing for the last few weeks since Congress doesn’t do that. Congress ment is there. It makes sense in this I had the privilege to join this institu- spends more than it takes in, and it difficult economic time, because you tion as the Senator from Florida. I puts those obligations on our children will actually create thousands of jobs have big concerns, and the more I have and grandchildren who some day will by building the high-speed rail. Once it been here and the more I have seen have to pay off this debt. But the time is built, you will have a long-term over the past few weeks has given me to make tough choices should not be gain, because that high-speed rail will even more concern. tomorrow; the time to make tough be there to promote infrastructure, to Unlike American families and unlike choices is today. promote jobs, and to ease the burdens the majority of American States, this One of the first pieces of legislation I on our everyday lives. There is $8 bil- institution spends money it doesn’t had an opportunity to consider and to lion in the Federal budget this year have. Each day, we go more than $4 bil- vote on was an appropriations bill for that States can apply for to build high- lion in debt as we pay for programs we housing, urban development, and trans- speed rail. My State has an application don’t have enough money for—$4 bil- portation—important issues for this in, along with 40 other States. We are lion a day, the national debt grows. Ad- country. In the opportunity to consider seeking $2.5 billion to connect Orlando ditionally, we spend $253 billion a year that appropriations bill, this Congress to Tampa, which would be fantastic for on interest payments. It is the fourth could have cut spending or increased our State. I hope our State gets those largest expenditure in the budget after the deficit. Well, it chose to increase dollars. But there is only $8 billion to defense, Social Security, and Medicare. the deficit, and the increase was by apply for, and there are 40 States that So the fourth largest expenditure that more than 23 percent over last year’s want the money. Imagine if we would we spend every year doesn’t go to a budget, in a time when we are spending have taken the $12.7 billion we wasted new program, it doesn’t go to help a much more than we have. In a time here and put it into that program; person; it goes to pay for programs in when we are about to have a $12 tril- maybe more States could have had the past that we couldn’t afford. It lion national debt, we decided to spend high-speed rail. took us until 1982 to go $1 trillion in 23 percent more than we did last year. Let me give another example. What debt. Yet we are shortly coming upon What did we spend the money on? Cer- can you do with $12.7 billion? With $12 nearly $12 trillion in debt. In a matter tainly, plenty of good things. Obvi- billion, you could put 427,000 college of days, we will hit that number. More ously, transportation and housing are students through a 4-year college. We troubling still, this past year, 2009, this important. But we spent money on a have to realize every time we spend a Congress, for its annual budget, grew a lot of questionable things, too. We dollar, it is a choice. That dollar could deficit of $1.4 trillion. That is as much built transportation museums—monu- have been spent better, or it could have deficit as was accrued in the past 4 ments to roads we have not yet built. been returned to the people. years combined. We put up congratulatory signs, saying President Obama recommended in So I plan to come to this Chamber this is how we spent money on a road, this appropriations bill that we cut every week and talk about the spend- and we funded airports with no planes, $211 million out of it. I don’t think that

VerDate Nov 24 2008 23:32 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.013 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE S11248 CONGRESSIONAL RECORD — SENATE November 6, 2009 was enough, but let’s give credit where Mr. President, I yield the floor and ment of people who are at Guantanamo it is due. He suggested we cut $211 mil- suggest the absence of a quorum. who are foreign nationals, not Amer- lion. We didn’t even do that. The Sen- The ACTING PRESIDENT pro tem- ican citizens, who were apprehended on ate could only find $15 million to cut pore. The clerk will call the roll. foreign soil—Afghanistan being a clas- and the House only $20 million. Be- The assistant legislative clerk pro- sic example—for acts of war that were cause of Congress’s spending and the ceeded to call the roll. conducted not in this country but, administration’s lack of willingness to Mr. WEBB. Mr. President, I ask again, on foreign soil. They are in cut spending, President Obama has pre- unanimous consent that the order for Guantanamo. One would question the sided over more new domestic spending the quorum call be rescinded. logic of whether they should be in his first 10 months in office than The ACTING PRESIDENT pro tem- brought on American soil to be exam- President Clinton did in 8 years. pore. Without objection, it is so or- ined by an American court system and One of the first bills I supported dered. then apprehended in American prisons. when I came here was the Budget En- f I strongly believe this is not the appro- forcement Legislative Tool Act of 2009. TRIALS OF THE 9/11 priate way to deal with these individ- It is a long title. It is a proposal I PERPETRATORS uals and particularly since, with the think both Republicans and Democrats Mr. WEBB. Mr. President, last night national Defense authorization bill should be able to agree upon. The bill this body voted by a margin of 55 to 45 that was just signed by the President, requires us in Congress to do an up-or- against an amendment I cosponsored, we have built in appropriate procedural down vote on the President’s rec- which had been offered by Senator protections in the Military Commis- ommendation on spending. In this case, sions Act. GRAHAM, the purpose of which would be Then we have a third increment of we would have cut more than $200 mil- to prohibit the use of funds from the people who are in Guantanamo who, we lion if we would have adopted the Commerce, Justice, Science appropria- President’s recommendation; not tions bill to transfer individuals from are told, because of either tainted evi- enough but better than what we did. Guantanamo and conduct trials of the dence or the lack of sufficient evi- I believe it is time to stop talking alleged 9/11 perpetrators in the United dence, may never be tried at all, nor about cutting spending and do some- States domestic court system. will they be released because they are thing about it. I am going to come each The key argument in favor of tabling considered to be threats to our future week to the floor and talk about the that amendment was that the Presi- at a time when we have ongoing, basi- various appropriations bills we have dent should be allowed discretion be- cally, combat relations against the gone over. I will keep a running tally, tween using article III Federal courts international forces of terrorism, of starting with the $12 billion we could and the military commissions that had which they are a part. have saved in this appropriation. At been set up in Guantanamo. This third increment which, as I said, the end of the day, hopefully, the com- First, I was clear to the President, will probably never be tried, is also ments I make will encourage others in and to others, that I recognize his con- being considered relevant to move into this body and in the House of Rep- stitutional authority to use article III the United States. Here is the question resentatives to take this spending situ- courts in that type of situation. But, we are going to have to answer: If you ation seriously. again, I want to express my deep con- bring these people into the United I guess all of us wish we were in the cern that, as we proceed forward with States, our Constitution provides that situation the Federal Government is examining the cases of those detainees individuals tried in article III courts in, where we could spend more than we who are at Guantanamo, this issue is should have a right—or an individual have, in terms of income, and never actually going to get more com- subject to article III courts should be have to pay it back. But the truth is, plicated, and we should hope that the tried in a speedy manner. We all have the Federal Government isn’t in that discretion the President uses is very a right to a speedy trial if you are in situation either. One day the chickens narrowly applied. the United States. We are not going to are going to come home to roost. One The amendment Senator GRAHAM of- do that. So then the question is: What day we are going to be accountable for fered addresses only the six alleged are we going to do with them? the money we spend. One day it will perpetrators in the 9/11 situation. A If you read the Supreme Court impact our standing in the world. I be- number of my colleagues came up to cases—and, again, as I said yesterday lieve that day is very soon. We already me and said: If you have an individual during the debate, I read in detail the know that the banks of the world—the who is conducting an act of terror on Hamdi case which deals in part with central banks—are starting to shed American soil, shouldn’t the President this situation—if this individual is dollars. They no longer want to hold be authorized the discretion to try deemed an enemy combatant, they can our currency because they are losing them in a Federal court? be held for the duration of what we call faith in the United States of America My personal view is, it is perhaps the hostilities, until hostilities cease. as the leading world financial power. constitutionally permissible but inap- That is a huge conundrum in terms of We already know we are having to sell propriate, in the same sense as on De- dealing with people who are not going more and more debt to countries that cember 7, 1941, when Japanese bombers to be charged, who are not American don’t even have our interests—coun- attacked Pearl Harbor. This was a for- citizens, who are apprehended for acts tries such as China—and we already eign entity killing Americans, includ- outside our country and yet are going know we are losing our standing and ing American civilians, on American to be put into our prison system poten- our ability to move forward because soil. It was not considered appropriate tially indefinitely. I don’t think it is the rest of the world doesn’t feel we fi- at that time, say, if we had a prisoner going to reduce the situation we have nancially manage our situation well. of war, if we shot a pilot down, that we had in Guantanamo in terms of the While our economy is straining, would have brought them into the way a lot of people have viewed the while countries look at us as suspect American court system and given them processes that were in place there. I for our spending patterns, countries all due process rights, tried them for think it is only going to transfer that such as Brazil are on fire, American homicides, et cetera. They were com- concern into the United States because dollars and investments go there, be- batants. They committed an act of these people will be detained in U.S. cause people think there is a better op- war, and they should have been—and prisons, and I don’t think that is going portunity to make money in those they were in the past—treated in that to be mitigated if these U.S. prisons countries than in the United States. way. happen to be military prisons. I want a better future for our chil- My belief is, even with the 9/11 per- I wished to come to the floor to ex- dren. If we are going to have a better petrators conducting such acts on our press my concern that the President, future for our children, we are going to soil, there should be a different way, a who has been given the discretion have to restrain our spending and get more proper way to address these situ- through the vote yesterday which ta- serious about balancing the budget of ations that involve enemy combatants. bled the Graham amendment, should be the Federal Government, as the States This issue is only going to get more using it very narrowly, should not be in do and as families do across America. complicated. We have a second incre- a rush to shut down the Guantanamo

VerDate Nov 24 2008 23:32 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.015 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 6, 2009 CONGRESSIONAL RECORD — SENATE S11249 facility in a manner that brings us the but it has obviously failed to take on Critics of this approach have said you second and third increment of prob- that task, and we need to be careful in cannot convene a committee to put out lems. balancing its responsibilities and au- a fire. But we do convene committees I ask that the Members of this body thorities in the coming years. to prepare for and respond to large- join me in expressing their concern That is why, if we want to ensure scale crises time and again across our about a proper way to address this very that monetary policy and systemic whole system. Experience has taught complicated situation. risk are each managed in the best pos- us boards and councils can work in a I yield the floor. sible manner, we must recognize that wide range of contexts, provided they The ACTING PRESIDENT pro tem- institutional structures and respon- have the right responsibilities, powers, pore. The Senator from Virginia. sibilities do matter. Doubling down on and membership. Even the Federal Re- Mr. DORGAN. Mr. President, will the a structure of the past that has not serve and the Federal Deposit Insur- Senator from Virginia yield for a unan- performed well outside of its core func- ance Corporation are run by boards. imous consent request? tion is not how we should confront the In addition, I believe we should leave Mr. WARNER. Yes. challenges of the future. the real emergency powers with the Mr. DORGAN. I ask unanimous con- Our Founding Fathers opposed con- regulators. The Federal Reserve should sent that I be recognized following the centrations of power and favored a sys- retain its 13(3) authority, though it presentation by the Senator from Vir- tem of checks and balances. We have should be tightened up. Bank regu- ginia. resisted creating an all-powerful cen- lators should retain prompt and correc- The ACTING PRESIDENT pro tem- tral bank, and a council would allow tive action authority, and the FDIC pore. Without objection, it is so or- for such a system of checks and bal- should retain its resolution powers. As dered. ances. a matter of fact, Senator CORKER and I f The Federal Reserve is, of course, not have introduced legislation already SYSTEMIC RISK COUNCIL the only agency that has not performed that expands the FDIC’s resolution well in the crisis over the last year or Mr. WARNER. Mr. President, I rise powers to include bank holding compa- so. The current system has failed to nies. to address an issue I know this body provide proper checks and balances and will be dealing with in much greater In a crisis, however, the council has replaced healthy competition should coordinate all of these regu- detail in the coming weeks and where efficient and innovative firms months; that is, financial reregulation. lators and their actions, as police, fire, flourish with a system where a handful and emergency response all coordinate On Monday, I am introducing legisla- of firms are too large to fail, can tion to establish a systemic risk coun- in local emergencies. But the systemic threaten the safety of the entire sys- risk council cannot just be a debating cil. I have worked with Chairman DODD tem, and enjoy an implicit—or maybe society, and so it would have real re- on this issue and his staff, and I am even more explicit now—government sources and power. very grateful that his discussion guarantee that destroys any notion of draft—although I have not seen the First, in addition to gathering and market competition. analyzing data, the council could help specific language—is expected to in- This failure points to another task to determine how to regulate new prod- clude a strong systemic oversight we must take on in financial regu- ucts and markets in order to minimize council which I have been advocating. latory modernization. We must end the regulatory gaps. Those regulatory gaps I appreciate Chairman DODD’s leader- notion of too big to fail. That is why I often end up with regulatory arbitrage, ship on this issue and look forward to believe we should establish a strong working with him and the administra- systemic risk oversight council, and I as we have seen recently. It would first tion on making it a reality. will be introducing legislation, as I identify gaps in the system and then As I have articulated previously on mentioned, to do that. have the appropriate regulators work the floor and in an opinion piece pub- A systemic risk council is not a sil- together to fill these gaps. lished in the Washington Post, we need ver bullet but avoids the pitfalls of en- With these tools, we will eliminate to establish a framework for addressing trusting systemic risk responsibility the huge blind spots our regulators had systemic risk in our financial system. with one single agency that has other last fall when new and unregulated Systemic risk is not the only area we missions, and those other missions markets tail-spun out of control. We need to address but is an area where could serve as a source of conflict of in- will eliminate the ability of firms to the current system has unequivocally terest. avoid regulation or find the weakest failed. A council could see across the hori- regulator by ensuring consistent treat- Systemic risk is actually a number of zon and have all the information and ment of activities across the financial risks united by the possibility that, if expertise flow up into it. It addresses markets. left uncontrolled, they could have con- our stovepipe problems and avoids the Second, in order to address the too- sequences for the entire markets or the conflicts that come from also con- big-to-fail issue, the council will work entire economy. We saw examples of ducting monetary policy and helps to to prevent firms from becoming too that a year ago. stave off regulatory capture. large to fail. It would do this in three Most often, systemic risk comes from The systemic risk oversight council I specific ways. the failure of an important financial propose would consist of the Treasury First, it would have the authority to institution. But because that is not the Secretary, of course, the Chairman of identify large firms that could pose only source, we should not expect to the Federal Reserve—they would play a systemic risk if they failed but did not control systemic risks with a rigid, valuable role—and the heads of the currently have an end-to-end pruden- one-size-fits-all approach. major financial regulatory agencies, tial regulator and would assign them a In order to do this, we need a body two independent members, including Federal regulator. This could include that can look across our financial sys- the chair of the council. hedge funds, insurance companies or tem at all sources of risk, that can spot This chair of the council would be other nonbank financial companies. gaps or opportunities for firms to avoid independently appointed by the Presi- Making sure those companies that regulation, and that will not be con- dent. It would be charged with the re- have no regulatory oversight, if they sumed by other day-to-day responsibil- sponsibility for working to improve our fall into this category of too big to fail, ities or protecting its own regulatory understanding and control of systemic have some kind of oversight is terribly turf. risks. This builds on the model of the important. Some have proposed that the Federal President’s working group on financial Second, the council would establish Reserve serve as the systemic risk reg- markets. An independent chair, ap- systemwide prudential standards for ulator. But its monetary policy respon- pointed by the President and approved large firms, including counterparty ex- sibilities present potential conflicts, by Congress and supported by a perma- posure limits, increased capital re- and it has proven incapable of properly nent staff, has proven to be relatively quirements, reduced leverage and regulating large institutions. effective and ends up resembling the strengthened risk management re- The Federal Reserve claims to be the National Transportation Safety Board quirements, all to make sure that systemic risk regulator at the moment, or the National Security Council. while we would not set arbitrary caps

VerDate Nov 24 2008 00:57 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.016 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE S11250 CONGRESSIONAL RECORD — SENATE November 6, 2009 on size, we would make sure, as a firm those who believe—that too big to fail tablish that confidence, and I think the gets too large or takes on too much ex- means you are too big. As you know, in work the Senator from Virginia has cessive risk, that there are additional Great Britain this week they decided been doing is extraordinary work. requirements, such as additional cap- to begin taking apart institutions that My hope is that at the end stage we ital and others I outlined. are too big to fail. And I know there can probably come closer to the side of, Finally, it would work with the coun- are other approaches here in trying to if you are too big to fail, you are prob- cil to ensure that any firm could fail deal with systemic risk and a variety ably too big, because too big to fail is safely—we saw in the past that there of approaches to try to address the almost, by definition, no-fault cap- was no plan on how we would unwind a issue, but has the Senator had italism. But between here and there, Lehman or an AIG—by working with thoughts about whether too big to fail there are a lot of interesting and useful the financial regulators, the day-to-day is just flatout too big? ideas that are being developed, and the prudential regulators, to develop clear, Mr. WARNER. I am very familiar Senator from Virginia is in the middle written plans for the unwinding or fail- with what happened in the UK, with of them, and I appreciate his work. ure of a financial company. In a sense, the situation with the Bank of Scot- Mr. WARNER. I thank the Senator we would be asking some of these too- land, which had received governmental from North Dakota for his comments, big-to-fail institutions to preapprove or assistance—somewhat similar to the and I look forward to working with put forward their own funeral plans or banks that had received our TARP fi- him. I think this is clearly an area dissolution plans so we would know nancing. They came in and said: We are where we will find common cause with how we go through this process, should going to start to break up this institu- our colleagues on the other side of the that unfortunate event take place. tion. Former Fed Chair Paul Volcker aisle. Never again should the American These plans would be made in advance has suggested that certain banks taxpayer have to pick up the burden of trouble and could not rely on the should perhaps be prohibited from tak- from institutions that have been finan- type of government intervention we ing on excessive risk activities, in a cially irresponsible and then from were forced into last fall. sense going back almost to a Glass- those financial irresponsibilities that As I have said, the systemic risk Steagall approach. Those are both pose a systemic risk where we the tax- council is not a silver bullet. Many sys- areas that I believe warrant further payers are left basically holding the temic risks already lie squarely within consideration. bag. the responsibility of our day-to-day fi- Our approach here has been to say So I thank the Senator for his com- nancial regulators. We need to make that while it is hard, in this inter- ments, and I look forward to working sure our current regulators have clear connected financial system we have with him on this very important issue. missions, including managing risks where institutions crisscross all across The PRESIDING OFFICER (Mr. within their institutions and regulated the world, to put an arbitrary size cap KAUFMAN). The Senator from North Da- markets, and we must ensure these on it, what we can do, by putting this kota. regulators do their job. type of Systemic Risk Council in place, f But that is only half of the answer we can put barriers and a price of get- because other systemic risks lay out- ting too large by having added capital JOBS AND THE ECONOMY side of the day-to-day prudential regu- requirements; by having this designa- Mr. DORGAN. Mr. President, I would lators’ job description, in between the tion that you have to show us a dis- like to comment this morning about cracks of our existing regulatory sys- solution plan and that the Systemic the information that was released this tem. The Systemic Risk Council’s re- Risk Council would weigh in; by assur- morning on unemployment. The unem- sponsibilities would be clear and fo- ing that if you take on too much risk ployment level has now gone to 10.2 cused. Systemic risk would be its only activities on your own trading desk, percent. That is an antiseptic number. job, and it would help fill in the cracks there is a higher price to pay for that. It doesn’t mean so much as a number, and prevent problems from becoming There are these other examples, as but it sure means a whole lot to the unmanageably large or complex. you mentioned, that we will be debat- folks who have lost their jobs. What I am proposing today boils ing through this whole process. I know We are now at a point where we have down to a simple, consistent, and I be- the Senator has raised this issue at had a massive number of job losses lieve common sense idea: If we want to times on the floor as well, and I will so- since this economic decline began. This do something constructive about sys- licit his advice and comments. And is the steepest economic decline since temic risk, we should create a mecha- perhaps we need to go even beyond that the Great Depression. nism that can ensure our regulators do in looking at, as I think you appro- In the same couple of weeks where we their jobs, avoid conflicts of interest, priately pointed out, at the end of the have learned that the economy has and fully leverage our existing regu- day, does too big to fail mean just too once again begun to grow—that is good latory resources to promote the big? It is a hard place to draw a line. news—we also know that people are proactive identification and control of But I thank the Senator for his ques- still losing their jobs, and that is bad systemic risks. By having this council, tion, and I yield my time. news. An economic recovery that is a made up of the heads of the day-to-day Mr. DORGAN. The Senator from Vir- jobless recovery, in my judgment, is prudential regulators—the Fed, the ginia is very thoughtful on these not a real economic recovery. Treasury, independent members, and issues. I know the workshops he has We are working on a lot of things this independent chair appointed by been putting on are very helpful. As we here in the Senate, all very impor- the President—I believe we create this try to work through these with respect tant—health care, climate change—but mechanism. to resolution and other authorities, it in my judgment, the most important We need to make sure we never again is very important for us to try to use thing for this Congress and this gov- put the American taxpayer into the the best ideas that exist in this Cham- ernment to do is to try to restart this kind of financial duress we had take ber to put together an approach that economic engine in a way that creates place last year. I believe the Systemic would prevent ever again what hap- real jobs, puts our economy back on Risk Council approach, working as one pened last year and the year before. track, produces real, significant jobs piece of an overall financial moderniza- So I have some thoughts about the that pay well, and that puts the Amer- tion and reregulation, will lead us in use of the Fed with respect to systemic ican people to work in order to make a that direction. risk and other things, and I will speak living and to care for their families. Mr. DORGAN. Mr. President, would about them later. But my interest was When that happens, we will have the Senator yield for a question? piqued by the Senator’s discussion on achieved something significant. Mr. WARNER. I would yield for a the floor because I think this is very Let me say quickly, as I have said be- question. important. If we don’t find ways to put fore, this President has been in office Mr. DORGAN. I want to talk about the foundation back under this eco- less than 10 months. He inherited an jobs today, but the Senator piqued my nomic system of ours, people aren’t unbelievable economic mess—the deep- interest by talking about too big to going to have confidence going forest economic downturn since the Great fail. Some believe—and I am one of ward. Part of financial reform is to es- Depression. So I understand that. I

VerDate Nov 24 2008 00:57 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.017 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 6, 2009 CONGRESSIONAL RECORD — SENATE S11251 know he understood this was not an op- weaker rivals are unable or unwilling to And they are speaking of the year timal time, perhaps, to assume the shoulder—a benefit of less competition after 2008. reins, but he understands and we un- the failure of some investment firms last Continuing with this article: year. derstand that we have to do everything That was the sixth-largest haul on record, we can to get this economy started October 26, Bloomberg. Quoting from according to a report by the New York State once again. this article: comptroller. To hear a report on a Friday that we Citigroup Inc. and Bank of America Corp. Again, that was in the New York are at 10.2 percent unemployment— paid top executives an average of $18.2 million each last year as the banks accepted a Times. that is tough news, and we have a lot total of $90 billion in taxpayer funds to sur- Here is one from the Washington to do here in the Congress and in our vive the financial crisis. Citigroup . . . paid Post dated July 30, 2009. The headline government to try to find a way to put $390 million to 21 people, an average of $18.6 read: ‘‘Report Outlines Big Bonuses at this back on track. There is some evi- million each . . . Bank of America paid $227.8 Rescued Banks.’’ Quoting from the ar- dence that maybe this is beginning, million to 13 executives, or $17.5 million ticle: apiece. but, again, a jobless economic recovery Two firms, Citigroup and Merrill Lynch, is not a real economic recovery. We Again, these payments in some cases suffered losses of more than $27 billion each need to focus like a laser on the ques- are from companies that might not but paid out $5.3 billion and $3.6 billion in bo- tion of how do you create new jobs in have been around were it not for the nuses, respectively, the report noted. At this country. Federal Government providing some Citigroup, 738 employees got bonuses of at Clearly, small-to-medium-sized busi- funds for them. These are payments least $1 million, the report said, while 11 ex- nesses are the job generators in this and bonuses that are unbelievable. And ecutives received a combined $77 million in cash, deferred cash and stock awards. country, and we need to find ways and we are told now that in the next 30 we need to focus all our attention to days or so Wall Street is going to pay The point is, we have a couple of dif- finding ways to incentivize the cre- itself somewhere around $140 billion in ferent economies working here. We ation of jobs once again in the private bonuses. have an economy in which we read of sector. I think public policies that can Let me just describe again what was some companies making very large incentivize the creation of those jobs is done in the last year and a half for profits and paying very large bonuses— what is expected of us. There is a lot of some of the biggest financial firms in and some of them, by the way, urgency for a lot of things. In my judg- this country that steered this coun- wouldn’t exist were it not for the ment, the most significant urgent pri- try’s economy into the ditch. So far, it American taxpayer backstopping the ority at the moment is the focus on has been between $12 billion and $15— reckless behavior and the losses they jobs and getting people back to work. excuse me, trillion. It is hard to get the incurred as they steered this economy I am going to have a meeting next b’s and t’s straight. Between $12 tril- into the ditch; then, today, 10.2 percent Tuesday morning with a good many of lion and $15 trillion has been lent, unemployment at the same time we see my colleagues to talk about putting to- spent, committed, pledged, subsidized, the economy, we are told, is growing at gether the set of policies on an urgent or guaranteed. Let me say that again. a 3.6-percent rate in the third quarter. basis that will try to push that result. Somewhere between $12 trillion and $15 The point I want to make this morn- We just cannot decide that, well, this is trillion of the taxpayers’ money, ing is simple. The American people will the long tail of a serious long-term eco- through the Congress—mostly through not stand long for two economies. The nomic downturn that has now reached the Federal Reserve Board and other fact is, 10.2 percent unemployment is bottom and is now coming back up devices—has been lent, spent, com- not acceptable, not acceptable to any- with an economic growth of, I believe mitted, pledged, subsidized, or guaran- body. Those who are losing their jobs 3.6 percent this quarter. We cannot be- teed. And because of that, presumably, and losing hope and losing their homes, lieve that somehow that is going to do some of these firms that are now pay- in some cases, should expect that the the job because growth without jobs is ing these bonuses are firms that would urgent priority, among all of us in gov- not real economic recovery. So we have otherwise not have been around. But ernment, is to decide that jobs are No. a lot of work to do. for those taxpayer funds, they wouldn’t 1. Restarting this economic engine, While saying what I have just said, have been around. putting this economy back on track, we also have two different economies So what we are doing is picking up and putting people back to work has to working in this country. A lot of folks the paper every single day and seeing be the urgent priority of this Congress. lost their jobs last month, last year, articles such as this: October 20, the I hope the work I and others can do and the last few years—somewhere New York Times, Bob Herbert writes: will make some small contribution to over 7.6 million Americans—and they The lead headline, in the upper right-hand that in the coming days. had to tell their loved ones that they corners, said: ‘‘U.S. Deficit Rises to $1.4 Tril- I think the American people, if you weren’t employed anymore, that their lion; Biggest Since ’45.’’ The headline next to look at the history of this country, it said: ‘‘Bailout Helps Revive Banks, And jobs were gone, not because they were have always been a resilient bunch. We Bonuses.’’ have been through tough times and bad workers, not because they did a And this is Allan Sloan, September 8: bad job, but because of cutbacks, be- been through good times. But it is time A Year After Lehman, Wall Street’s Acting now, as I said the other day, for us to cause of this steep economic decline. Like Wall Street Again. It’s been 12 months And now we see day after day that stop thinking of ourselves as two dif- since Lehman Brothers failed, setting off a ferent teams in places like the Senate. there is another economy working out chain reaction that came horrifyingly close there. to destroying the world’s financial system. There ought to be only one team that I just brought a few of these to the That anniversary makes this a convenient works together to find ways to put peo- floor of the Senate to describe the dif- time to take a deep breath, look back . . . ple back to work in this country and ficulty of people who are looking for and see what we can learn from the past tur- get this country’s economy started work, who lost their jobs last month. bulent year . . . What are the lessons? How again. has Wall Street changed since Lehman went If you take a look over the economic When they read these papers, it ex- broke last September 15? plains the difficulty they see in this, history of this country and see what That is a year ago. The fact is, Wall and probably the anger—more likely made America great, it is lifting people Street is back doing the same things the anger. out of poverty, putting people to work, they did prior to the collapse. on payrolls, making a good wage to be October 17: The headline from the Here is another article: New York Times reads ‘‘Bailout Helps able to take care of their families. What Red Ink? Wall Street Paid Hefty Bo- That expansion of the middle class is Fuel a New Era of Wall Street Wealth.’’ nuses. Despite crippling losses, multibillion- Quoting from the article: what has made this country great. It is dollar bailouts and the passing of some of not the capability of the people at the Titans like Goldman Sachs and JPMorgan the most prominent names and businesses, Chase are making fortunes in hot areas like employees at financial companies in New very top to make even more and to pay trading stocks and bonds, rather than in the York, the now diminished world capital of even bigger bonuses, it is the expansion ho-hum business of lending people money. capital, collected an estimated $178.4 billion of the middle class that has made this They are also profiting by taking risks that in bonuses for the year. country a great country, and what we

VerDate Nov 24 2008 00:57 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.018 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE S11252 CONGRESSIONAL RECORD — SENATE November 6, 2009 have seen now is a shrinking of the until he can rise above the narrow con- accompanying papers, reports, and doc- middle class. We have seen more unem- fines of his individualistic concerns to uments, and were referred as indicated: ployment in what used to be the middle the broader concerns of all humanity.’’ EC–3605. A communication from the Assist- class. Day after day, even as people are I firmly believe that the National Fam- ant Secretary of the Navy (Installations and losing their jobs in this country, we ily Caregivers Association character- Environment), transmitting, pursuant to still see companies shipping American izes this ideal. I wish this organization law, a report relative to the result of a pub- jobs overseas and getting a tax break all the best as it works to raise aware- lic-private competition conducted on March for doing it. ness during National Family Care- 31, 2008; to the Committee on Armed Serv- We have a lot of things on our plate ices. givers Month. EC–3606. A communication from the Direc- to do to try to fix what is wrong. I am f tor of the Regulatory Management Division, convinced we can. I have an effer- MESSAGE FROM THE HOUSE Office of Policy, Economics, and Innovation, vescent spirit of hope that we can do Environmental Protection Agency, transmit- these things, but we have to start now. At 10:39 a.m., a message from the ting, pursuant to law, the report of a rule en- Of those this morning who read in the House of Representatives, delivered by titled ‘‘Significant New Use Rules on Certain paper that the unemployment rate is Ms. Niland, one of its reading clerks, Chemical Substances; Technical Amend- 10.2 percent, those who have lost their announced that the House has passed ment’’ (FRL No. 8438–5) received in the Office jobs fully understand what that num- the following bills, in which it requests of the President of the Senate on November ber means. I hope all of us in this the concurrence of the Senate: 5, 2009; to the Committee on Environment and Public Works. Chamber do as well. It requires from us H.R. 1849. An act to designate the Liberty EC–3607. A communication from the Direc- an urgent priority to get to work and Memorial at the National World War I Mu- tor of the Regulatory Management Division, fix this problem. seum in Kansas City, Missouri, as the Na- Office of Policy, Economics, and Innovation, I yield the floor. tional World War I Memorial, to establish Environmental Protection Agency, transmit- the World War I centennial commission to f ting, pursuant to law, the report of a rule en- ensure a suitable observance of the centen- titled ‘‘Revisions to the California State Im- NATIONAL FAMILY CAREGIVERS nial of World War I, and for other purposes. plementation Plan, San Joaquin Valley Uni- H.R. 3276. An act to promote the produc- MONTH fied Air Pollution Control District and South tion of molybdenum–99 in the United States Coast Air Quality Management District’’ Mr. REID. Mr. President, I rise today for medical isotope production, and to condi- (FRL No. 8970–4) received in the Office of the to call the attention of the Senate to tion and phase out the export of highly en- President of the Senate on November 5, 2009; National Family Caregivers Month, riched uranium for the production of medical to the Committee on Environment and Pub- isotopes. sponsored by the National Family lic Works. Caregivers Association. Every day The message also announced that the EC–3608. A communication from the Direc- more and more American families are House has agreed to the following con- tor of the Regulatory Management Division, put in the tough situation of taking current resolution, in which it requests Office of Policy, Economics, and Innovation, care of their elderly loved ones. Care- the concurrence of the Senate: Environmental Protection Agency, transmit- givers are our friends, family, and H. Con. Res. 139. Concurrent resolution ting, pursuant to law, the report of a rule en- neighbors who have become an instru- congratulating the first graduating class of titled ‘‘Revisions to the Arizona State PM–10 mental part of providing the necessary the United States Air Force Academy on Implementation Plan; Maricopa County Air Quality Department’’ (FRL No. 8975–6) re- care that their families need and de- their 50th graduation anniversary and recognizing their contributions to the Nation. ceived in the Office of the President of the serve. Eighty percentof all homecare Senate on November 5, 2009; to the Com- services today are provided by family The message further announced that mittee on Environment and Public Works. caregivers, and I am proud to support it passed the bill (S. 748) to redesignate EC–3609. A communication from the Direc- them this month during National Care- the facility of the United States Postal tor of the Regulatory Management Division, givers Month. I have always been a Service located at 2777 Logan Avenue Office of Policy, Economics, and Innovation, strong supporter of family caregivers in San Diego, California, as the ‘‘Cesar Environmental Protection Agency, transmit- and have worked hard to make sure E. Chavez Post Office’’. ting, pursuant to law, the report of a rule en- they get the resources and funding that titled ‘‘Revisions to the Arizona State Imple- f mentation Plan, Maricopa County Air Qual- they deserve. MEASURES REFERRED ity Department and Maricopa County’’ (FRL It has been my privilege to do all I No. 8902–6) received in the Office of the Presi- can here on the federal level to help in The following bills were read the first dent of the Senate on November 5, 2009; to this endeavor. Recently, the Washoe and the second times by unanimous the Committee on Environment and Public County Senior Services Respite Care consent, and referred as indicated: Works. Program needed resources to provide H.R. 1849. An act to designate the Liberty EC–3610. A communication from the Direc- nonmedical respite care for those suf- Memorial at the National World War I Mu- tor of the Regulatory Management Division, fering from dementia, Alzheimer’s, and seum in Kansas City, Missouri, as the Na- Office of Policy, Economics, and Innovation, a host of other terrible diseases. I se- tional World War I Memorial, to establish Environmental Protection Agency, transmit- cured the necessary funding in the the World War I centennial commission to ting, pursuant to law, the report of a rule en- ensure a suitable observance of the centen- titled ‘‘Approval and Promulgation of Air Commerce, Justice, Science and Re- nial of World War I, and for other purposes; Quality Implementation Plans; Indiana’’ lated Agencies Appropriations Act of to the Committee on Energy and Natural Re- (FRL No. 8971–9) received in the Office of the 2010. When this act passes, it will allot sources. President of the Senate on November 5, 2009; $95,000 to aid our seniors who are af- H.R. 3276. An act to promote the produc- to the Committee on Environment and Pub- flicted. And I am pleased that I was tion of molybdenum-99 in the United States lic Works. able to get bipartisan support for the for medical isotope production, and to condi- EC–3611. A communication from the Chief passage of the Lifespan Respite Care tion and phase out the export of highly en- of the Scientific Authority Division, Fish Act. This act authorizes the Secretary riched uranium for the production of medical and Wildlife Services, Department of the In- isotopes; to the Committee on Energy and terior, transmitting, pursuant to law, the re- of Health and Human Services to award Natural Resources. port of a rule entitled ‘‘Endangered and matching grants to eligible state agen- The following concurrent resolution Threatened Wildlife and Plants; Listing the cies that are in desperate need for was read, and referred as indicated: Chatham Petrel, Fiji Petrel, and Magenta funding to help families. Petrel as Endangered Throughout Their H. Con. Res. 139. Concurrent resolution As our fight for quality and afford- Ranges’’ (RIN1018–AV21) received in the Of- congratulating the first graduating class of fice of the President of the Senate on No- able health care continues, I will make the United States Air Force Academy on vember 5, 2009; to the Committee on Environ- sure that our family caregivers get the their 50th graduation anniversary and recog- ment and Public Works. support and resources that they need nizing their contributions to the Nation; to EC–3612. A communication from the Direc- to continue this difficult task. We will the Committee on Armed Services. do all we can during National Family tor of Fish and Wildlife Services, Depart- f ment of the Interior, transmitting, pursuant Caregivers Month to give these dedi- to law, the report of a rule entitled ‘‘Endan- cated family members the recognition EXECUTIVE AND OTHER COMMUNICATIONS gered and Threatened Wildlife and Plants; they deserve. Reinstatement of Protections for the Gray Dr. Martin Luther King Jr. once said, The following communications were Wolf in the Western Great Lakes in Compli- ‘‘An individual has not started living laid before the Senate, together with ance with Settlement Agreement and Court

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A communication from the Pro- the student-to-school nurse ratio in public gram Manager, Office of the Secretary, De- secondary schools, elementary schools, and on a voluntary basis to develop plans partment of Health and Human Services, kindergarten; to the Committee on Health, to manage the risk of food allergy and transmitting, pursuant to law, the report of Education, Labor, and Pensions. anaphylaxis in schools and early child- a rule entitled ‘‘HIPAA Administrative Sim- f hood education programs, to establish plification: Enforcement’’ (RIN0991–AB55) re- school-based food allergy management ceived in the Office of the President of the SUBMISSION OF CONCURRENT AND grants, and for other purposes. Senate on November 5, 2009; to the Com- SENATE RESOLUTIONS S. 1055 mittee on Finance. The following concurrent resolutions EC–3614. A communication from the Assist- At the request of Mrs. BOXER, the ant Secretary, Bureau of Legislative Affairs, and Senate resolutions were read, and name of the Senator from Pennsyl- Department of State, transmitting, pursuant referred (or acted upon), as indicated: vania (Mr. CASEY) was added as a co- to the Arms Export Control Act, the certifi- By Mr. REID: sponsor of S. 1055, a bill to grant the cation of a proposed amendment to a tech- S. Res. 343. A resolution to constitute the congressional gold medal, collectively, nical assistance agreement for the export of majority party’s membership on certain to the 100th Infantry Battalion and the defense articles, including, technical data, committees for the One Hundred Eleventh 442nd Regimental Combat Team, Congress, or until their successors are cho- and defense services to the United Arab United States Army, in recognition of Emirates relative to the post-delivery modi- sen; considered and agreed to. fications and integrated logistics support of By Mrs. HUTCHISON (for herself, Mr. their dedicated service during World four CH–47F Chinook Helicopters in the CORNYN, Mr. REID, Mr. MCCONNELL, War II. amount of $50,000,000 or more; to the Com- Mr. AKAKA, Mr. ALEXANDER, Mr. S. 1128 mittee on Foreign Relations. BARRASSO, Mr. BAUCUS, Mr. BAYH, At the request of Mr. ROBERTS, the EC–3615. A communication from the Assist- Mr. BEGICH, Mr. BENNET, Mr. BEN- name of the Senator from New Mexico NETT, Mr. BINGAMAN, Mr. BOND, Mrs. ant General Counsel of the Division of Regu- (Mr. UDALL) was added as a cosponsor BOXER, Mr. BROWN, Mr. BROWNBACK, latory Services, Office of Postsecondary Edu- of S. 1128, a bill to authorize the award cation, Department of Education, transmit- Mr. BUNNING, Mr. BURR, Mr. BURRIS, ting, pursuant to law, the report of a rule en- Mr. BYRD, Ms. CANTWELL, Mr. of a military service medal to members titled ‘‘Federal Perkins Loan Program, Fed- CARDIN, Mr. CARPER, Mr. CASEY, Mr. of the Armed Forces who were exposed eral Family Education Loan Program, and CHAMBLISS, Mr. COBURN, Mr. COCH- to ionizing radiation as a result of par- William D. Ford Federal Direct Loan Pro- RAN, Ms. COLLINS, Mr. CONRAD, Mr. ticipation in the testing of nuclear gram’’ (RIN1840–AC98) received in the Office CORKER, Mr. CRAPO, Mr. DEMINT, Mr. weapons or under other circumstances. of the President of the Senate on November DODD, Mr. DORGAN, Mr. DURBIN, Mr. S. 1183 5, 2009; to the Committee on Health, Edu- ENSIGN, Mr. ENZI, Mr. FEINGOLD, Mrs. At the request of Mr. DURBIN, the cation, Labor, and Pensions. FEINSTEIN, Mr. FRANKEN, Mrs. GILLIBRAND, Mr. GRAHAM, Mr. GRASS- name of the Senator from Massachu- f LEY, Mr. GREGG, Mrs. HAGAN, Mr. setts (Mr. KIRK) was added as a cospon- REPORTS OF COMMITTEES HARKIN, Mr. HATCH, Mr. INHOFE, Mr. sor of S. 1183, a bill to authorize the INOUYE, Mr. ISAKSON, Mr. JOHANNS, Secretary of Agriculture to provide as- The following reports of committees Mr. JOHNSON, Mr. KAUFMAN, Mr. sistance to the Government of Haiti to were submitted: KERRY, Mr. KIRK, Ms. KLOBUCHAR, end within 5 years the deforestation in By Mr. LEAHY, from the Committee on Mr. KOHL, Mr. KYL, Ms. LANDRIEU, Haiti and restore within 30 years the the Judiciary, with amendments: Mr. LAUTENBERG, Mr. LEAHY, Mr. extent of tropical forest cover in exist- S. 1472. A bill to establish a section within LEMIEUX, Mr. LEVIN, Mr. LIEBERMAN, the Criminal Division of the Department of Mrs. LINCOLN, Mr. LUGAR, Mr. ence in Haiti in 1990, and for other pur- Justice to enforce human rights laws, to MCCAIN, Mrs. MCCASKILL, Mr. poses. make technical and conforming amendments MENENDEZ, Mr. MERKLEY, Ms. MIKUL- S. 1490 to criminal and immigration laws pertaining SKI, Ms. MURKOWSKI, Mrs. MURRAY, At the request of Mr. LEAHY, the to human rights violations, and for other Mr. NELSON of Nebraska, Mr. NELSON name of the Senator from Illinois (Mr. purposes. of Florida, Mr. PRYOR, Mr. REED, Mr. DURBIN) was added as a cosponsor of S. RISCH, Mr. ROBERTS, Mr. ROCKE- f 1490, a bill to prevent and mitigate FELLER, Mr. SANDERS, Mr. SCHUMER, identity theft, to ensure privacy, to INTRODUCTION OF BILLS AND Mr. SESSIONS, Mrs. SHAHEEN, Mr. JOINT RESOLUTIONS SHELBY, Ms. SNOWE, Mr. SPECTER, provide notice of security breaches, Ms. STABENOW, Mr. TESTER, Mr. and to enhance criminal penalties, law The following bills and joint resolu- THUNE, Mr. UDALL of Colorado, Mr. enforcement assistance, and other pro- tions were introduced, read the first UDALL of New Mexico, Mr. VITTER, tections against security breaches, and second times by unanimous con- Mr. VOINOVICH, Mr. WARNER, Mr. fraudulent access, and misuse of per- sent, and referred as indicated: WEBB, Mr. WHITEHOUSE, Mr. WICKER, sonally identifiable information. By Mr. BINGAMAN (for himself and and Mr. WYDEN): S. Res. 344. A resolution expressing the S. 1492 Mr. BAUCUS): sense of the Senate regarding the tragic At the request of Ms. MIKULSKI, the S. 2747. A bill to amend the Land and name of the Senator from New Hamp- Water Conservation Fund Act of 1965 to pro- shooting at Fort Hood, Texas on November 5, vide consistent and reliable authority for, 2009; considered and agreed to. shire (Mrs. SHAHEEN) was added as a co- and for the funding of, the land and water f sponsor of S. 1492, a bill to amend the Public Health Service Act to fund conservation fund to maximize the effective- ADDITIONAL COSPONSORS ness of the fund for future generations, and breakthroughs in Alzheimer’s disease for other purposes; to the Committee on En- S. 327 research while providing more help to ergy and Natural Resources. At the request of Mr. LEAHY, the caregivers and increasing public edu- By Mr. KERRY (for himself, Mrs. LIN- name of the Senator from New York cation about prevention. COLN, and Ms. LANDRIEU): (Mr. SCHUMER) was added as a cospon- S. 2748. A bill to amend the Internal Rev- S. 1619 enue Code of 1986 to extend for one year the sor of S. 327, a bill to amend the Vio- At the request of Mr. DODD, the name employer wage credit for employees who are lence Against Women Act of 1994 and of the Senator from Iowa (Mr. HARKIN) active duty members of the uniformed serv- the Omnibus Crime Control and Safe was added as a cosponsor of S. 1619, a ices; to the Committee on Finance. Streets Act of 1968 to improve assist- bill to establish the Office of Sustain- By Mrs. GILLIBRAND: ance to domestic and sexual violence able Housing and Communities, to es- S. 2749. A bill to amend the Richard B. Rus- victims and provide for technical cor- tablish the Interagency Council on sell National School Lunch Act to improve rections. Sustainable Communities, to establish access to nutritious meals for young children S. 456 in child care; to the Committee on Agri- a comprehensive planning grant pro- culture, Nutrition, and Forestry. At the request of Mr. DODD, the name gram, to establish a sustainability By Mr. SCHUMER (for himself and of the Senator from Delaware (Mr. challenge grant program, and for other Mrs. GILLIBRAND): KAUFMAN) was added as a cosponsor of purposes.

VerDate Nov 24 2008 23:32 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.013 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE S11254 CONGRESSIONAL RECORD — SENATE November 6, 2009 S. 1737 LWCF has led to the protection of areas most important to communities At the request of Mr. FRANKEN, the more than five million acres of land and to the nation as a whole and at the name of the Senator from Alaska (Mr. and water across the country, includ- lowest cost. BEGICH) was added as a cosponsor of S. ing such irreplaceable landscapes as Protection of special places and land- 1737, a bill to amend the Richard B. the Grand Canyon National Park in Ar- scapes for the common good has always Russell National School Lunch Act and izona, the redwood forests in Cali- been a great American idea that we the Child Nutrition Act of 1966 to in- fornia, the Rocky Mountain Front in have exported to the rest of the world. crease the number of children eligible Montana, and Denali National Park These lands are a wonderful gift that for free school meals, with a phased-in and Preserve in Alaska. every taxpayer receives at birth, and transition period. In my own State of New Mexico, values very highly. Today, even more S. 1740 LWCF funds have been used in many than when LWCF was enacted, there is At the request of Mrs. MURRAY, the important landscapes including the increasing pressure on our natural name of the Senator from New York Santa Fe National Forest to provide landscapes, both as a result of man- (Mr. SCHUMER) was added as a cospon- hundreds of miles of trails for hiking, made development and changes in our sor of S. 1740, a bill to promote the eco- horseback riding and off-road vehicle climate. It is more imperative than nomic security and safety of victims of use, and to protect the unique Valles ever that we protect and restore our domestic violence, dating violence, sex- Caldera from development. Going for- ecosystems so that they stay resilient. ual assault, or stalking, and for other ward, the Bureau of Land Management By protecting natural systems, we are purposes. hopes to protect portions of the Rio protecting human health and the econ- S. 1761 Grande National Wild and Scenic River omy by providing clean water, clean in New Mexico using LWCF funds. air, livable coastal areas and the qual- At the request of Ms. LANDRIEU, the Equally important, this program’s name of the Senator from Mississippi ity of life that is so important to all flexibility means that it also is used to Americans. (Mr. COCHRAN) was added as a cospon- protect what is sometimes most valu- The time has come to make sure that sor of S. 1761, a bill to provide an ex- able to our communities—the lesser- the Land and Water Conservation Fund tension of the low-income housing known special places virtually in our has consistent and predictable funding credit placed-in-service date require- own backyard. The availability of por- and that it continues beyond 2015. This ment for certain disaster areas. tions of this funding to States means bill will not change the authorized S. 1861 that it can be used to protect local amount or the well-established pur- At the request of Ms. LANDRIEU, the landscapes when development threat- poses and parameters of the Fund. It name of the Senator from Mississippi ens the open spaces that communities simply provides that the monies depos- (Mr. COCHRAN) was added as a cospon- need for clean water and recreation. It ited in the Fund under current law will sor of S. 1861, a bill to amend the Inter- is also available for the purchase of be available without further appropria- nal Revenue Code of 1986 to provide a 2- conservation easements when public tion at the authorized amount. It is my year extension of the increased reha- ownership of land is not the best solu- hope that this will be a down payment bilitation credit for structures in the tion. These easements—acquired at the on something vitally important to all Gulf Opportunity Zone. request of the landowner—protect the Americans—protection and conserva- S. 1930 landscape against development while tion of our natural heritage and our At the request of Mr. CASEY, the retaining private ownership. most special places for ourselves and name of the Senator from Illinois (Mr. Since its inception in 1964, the law for future generations. BURRIS) was added as a cosponsor of S. has provided that the Land and Water I would like to thank Senator BAU- 1930, a bill to amend the Internal Rev- Conservation Fund will accumulate CUS for his leadership on this issue and enue Code of 1986 to enhance the ad- revenues from Federal outdoor recre- I look forward to working with my col- ministration of, and reduce fraud re- ation user fees, the Federal motorboat leagues to pass this legislation in a lated to, the first-time homebuyer tax fuel tax, surplus property sales, and timely manner. credit, and for other purposes. from oil and gas leases on the Outer Mr. President, I ask unanimous con- f Continental Shelf. It has been author- sent that the text of the bill be printed ized at $900 million a year since 1977. In in the RECORD. STATEMENTS ON INTRODUCED establishing LWCF, Congress recog- There being no objection, the text of BILLS AND JOINT RESOLUTIONS nized the importance of the protection the bill was ordered to be printed in By Mr. BINGAMAN (for himself and of lands with significant natural, recre- the RECORD, as follows: Mr. BAUCUS): ation and scenic attributes, and for the S. 2747 S. 2747. A bill to amend the Land and development of outdoor recreation Be it enacted by the Senate and House of Rep- Water Conservation Fund Act of 1965 to lands and facilities at the State and resentatives of the United States of America in provide consistent and reliable author- local level. Congress assembled, ity for, and for the funding of, the land Under current law these funds cannot SECTION 1. SHORT TITLE. and water conservation fund to maxi- be spent until they are further appro- This Act may be cited as the ‘‘Land and mize the effectiveness of the fund for priated each year. Congress has rarely Water Conservation Authorization and Fund- ing Act of 2009’’. future generations, and for other pur- appropriated the $900 million annually SEC. 2. PERMANENT AUTHORIZATION; FULL poses; to the Committee on Energy and that was authorized as necessary as far FUNDING. Natural Resources. back as 1977. The levels of funding for (a) PURPOSES.—The purposes of the amend- Mr. BINGAMAN. Mr. President, both Federal agencies and States have ments made by subsection (b) are— today I am introducing the Land and fluctuated wildly over the years. In ad- (1) to provide consistent and reliable au- Water Conservation Authorization and dition, LWCF itself will expire in 2015 thority for, and for the funding of, the land Funding Act of 2009. I am pleased that if not reauthorized. and water conservation fund established under section 2 of the Land and Water Con- Senator BAUCUS has joined me as an However, the purpose of LWCF—the servation Fund Act of 1965 (16 U.S.C. 460l–5); original cosponsor. acquisition of land and interests in and The legislation I am introducing land—is one that requires consistency (2) to maximize the effectiveness of the today will provide consistent funding and predictability in order to be truly fund for future generations. of the Land and Water Conservation effective. The opportunity for land pur- (b) AMENDMENTS.— Fund, LWCF, program at a time when chase can emerge quickly and can be (1) PERMANENT AUTHORIZATION.—Section 2 its purposes have never been more im- quickly lost. The cost often requires of the Land and Water Conservation Fund portant to our communities and qual- that deals be structured over a period Act of 1965 (16 U.S.C. 460l–5) is amended— ity of life. This program provides fund- of time. The absence of a consistent (A) in the matter preceding subsection (a), by striking ‘‘During the period ending Sep- ing for States and Federal land man- amount of funding annually makes it tember 30, 2015, there’’ and inserting agement agencies for the purchase of virtually impossible for Federal agen- ‘‘There’’; and land and interests in land from willing cies or States to plan effectively or to (B) in subsection (c)(1), by striking sellers. Since its inception in 1964, ensure that they can protect those ‘‘through September 30, 2015’’.

VerDate Nov 24 2008 23:32 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.016 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 6, 2009 CONGRESSIONAL RECORD — SENATE S11255 (2) FULL FUNDING.—Section 3 of the Land cost of paying the salary of their re- FEINSTEIN, Mr. FRANKEN, Mrs. and Water Conservation Fund Act of 1965 (16 servist employees when they are called GILLIBRAND, Mr. GRAHAM, Mr. GRASS- U.S.C. 460l–6) is amended to read as follows: to active duty. This tax credit provides LEY, Mr. GREGG, Mrs. HAGAN, Mr. HAR- ‘‘SEC. 3. AVAILABILITY OF FUNDS. an incentive for small employers to KIN, Mr. HATCH, Mr. INHOFE, Mr. ‘‘Monies covered into the fund under sec- INOUYE, Mr. ISAKSON, Mr. JOHANNS, Mr. tion 2 shall be available for expenditure to eliminate any pay gap between civilian carry out the purposes of this Act, without and military pay. The provision pro- JOHNSON, Mr. KAUFMAN, Mr. KERRY, further appropriation.’’. vides small businesses with less than 50 Mr. KIRK, Ms. KLOBUCHAR, Mr. KOHL, employees with a tax credit of 20 per- Mr. KYL, Ms. LANDRIEU, Mr. LAUTEN- By Mr. KERRY (for himself, Mrs. cent of the differential pay. The max- BERG, Mr. LEAHY, Mr. LEMIEUX, Mr. LINCOLN, and Ms. LANDRIEU): imum credit is $4,000. The credit is for LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, S. 2748. A bill to amend the Internal amounts paid for before January 1, Mr. LUGAR, Mr. MCCAIN, Mrs. Revenue Code of 1986 to extend for one 2010. My legislation would extend this MCCASKILL, Mr. MENENDEZ, Mr. year the employer wage credit for em- provision for an additional year. MERKLEY, Ms. MIKULSKI, Ms. MUR- ployees who are active duty members While our reservists are continuing KOWSKI, Mrs. MURRAY, Mr. NELSON of of the uniformed services; to the Com- to serve, we should continue to provide Nebraska, Mr. NELSON of Florida, Mr. mittee on Finance. assistance. Now is not the time to end PRYOR, Mr. REED, Mr. RISCH, Mr. ROB- Mr. KERRY. Mr. President, today I this credit which helps small business ERTS, Mr. ROCKEFELLER, Mr. SANDERS, am introducing the Small Business and do the right thing. During these dif- Mr. SCHUMER, Mr. SESSIONS, Mrs. Military Families Assistance Act ficult economic times, it is a struggle SHAHEEN, Mr. SHELBY, Ms. SNOWE, Mr. which provides an extension of a provi- for small business to pay their employ- SPECTER, Ms. STABENOW, Mr. TESTER, sion included in the Heroes Earnings ees who are a called up a wage differen- Mr. THUNE, Mr. UDALL of Colorado, Mr. UDALL of New Mexico, Mr. VITTER, Mr. Assistance and Relief Tax, HEART, Act tial. VOINOVICH, Mr. WARNER, Mr. WEBB, Mr. of 2008 which passed last Congress. Sen- Our service men and women need to WHITEHOUSE, Mr. WICKER, and Mr. ator LINCOLN is a cosponsor. The know that we are honoring their serv- HEART Act has been referred to as the WYDEN) submitted the following reso- ice. An extension of the small business ‘‘thank you bill’’ and that is very ap- lution; which was considered and credit will help our military families propriate. The purpose of the HEART agreed to: with some of their financial burdens. It Act was to provide military families S. RES. 344 cannot repay the sacrifices they have with well deserved tax relief. As we ap- made for us, but it is a small way we Whereas Fort Hood, Texas, the largest proach Veterans Day, I believe that it military installation in the world, is home to can support our troops and their fami- is appropriate to extend the tax credit numerous distinguished units of the Armed lies. for small employers of reservists called Forces of the United States, including the to active duty. f Third Corps, the First Calvary Division, the Third Armored Calvary Regiment, and oth- The best definition of patriotism is SUBMITTED RESOLUTIONS keeping faith with those who serve our ers; Whereas Fort Hood has long been a source country. That means giving our troops of pride for the State of Texas and for all the the resources they need to keep them SENATE RESOLUTION 343—TO CON- people of the United States who value the safe while they are protecting us. It STITUTE THE MAJORITY PAR- selfless service and sacrifice of our men and means supporting our troops at home TY’S MEMBERSHIP ON CERTAIN women in uniform; as well as abroad. COMMITTEES FOR THE ONE HUN- Whereas the soldiers, family members, and Currently, there are over 120,000 mili- DRED ELEVENTH CONGRESS, OR civilian employees who live and serve at tary personnel serving in Iraq. There UNTIL THEIR SUCCESSORS ARE Fort Hood play a critical role in the defense are approximately 68,000 U.S. service CHOSEN of our Nation; members in Afghanistan. Many of Whereas the soldiers of Fort Hood have Mr. REID submitted the following served with honor and distinction in the these men and women are reservists resolution; which was considered and Global War on Terror, frequently on the and have been called to active duty, agreed to: front lines in the combat theaters of Iraq frequently for multiple tours. and Afghanistan; and S. RES. 343 Most large businesses have the re- Whereas the Fort Hood community experi- sources to provide supplemental in- Resolved, That the following shall con- enced a monumental tragedy on November 5, come to reservist employees called up. stitute the majority party’s membership on 2009, when a gunman opened fire on large I applaud the businesses that have been the following committee for the One Hun- groups of soldiers on the installation: Now, dred Eleventh Congress, or until their suc- therefore, be it able to pay supplemental income to cessors are chosen: their reservists, but it is not easy for Resolved, That the Senate— COMMITTEE ON RULES AND ADMINIS- (1) offers its deepest and most sincere con- small businesses to do the same. TRATION: Mr. Schumer (Chairman), Mr. dolences to the families, friends, and loved In January 2007, the Committee on Byrd, Mr. Inouye, Mr. Dodd, Mrs. Feinstein, ones of the innocent victims killed or wound- Small Business and Entrepreneurship Mr. Durbin, Mr. Nelson (Nebraska), Mrs. ed in the senseless violence that occurred on held a hearing on veterans’ small busi- Murray, Mr. Pryor, Mr. Udall (New Mexico), November 5, 2009; ness issues. A majority of our veterans Mr. Warner. (2) offers support and hope for a full recov- returning from Iraq and Afghanistan f ery for those who have been wounded; are Reserve and National Guard mem- (3) honors the heroic service, actions, and SENATE RESOLUTION 344—EX- sacrifices of law enforcement personnel, first bers—35 percent of whom are either PRESSING THE SENSE OF THE self-employed or own or are employed responders, soldiers present on the scene, SENATE REGARDING THE TRAG- medical personnel, and countless others who by a small business. IC SHOOTING AT FORT HOOD, We heard some disturbing statistics aided the innocent victims of this attack; TEXAS ON NOVEMBER 5, 2009 and about the impact and unintended con- (4) shares in the pain and grief felt by the sequences the call up of reservists is Mrs. HUTCHISON (for herself, Mr. people of the United States in the aftermath having on small businesses. According CORNYN, Mr. REID, Mr. MCCONNELL, Mr. of this tragic event. AKAKA, Mr. ALEXANDER Mr. BARRASSO, to a January 2007 survey conducted by f Workforce Management, 54 percent of Mr. BAUCUS, Mr. BAYH, Mr. BEGICH, Mr. the businesses surveyed responded that BENNET, Mr. BENNETT, Mr. BINGAMAN, AMENDMENTS SUBMITTED AND they would not hire a citizen soldier if Mr. BOND, Mrs. BOXER, Mr. BROWN, Mr. PROPOSED they knew that they could be called up BROWNBACK, Mr. BUNNING, Mr. BURR, SA 2737. Mr. UDALL of New Mexico (for for an indeterminate amount of time. I Mr. BURRIS, Mr. BYRD, Ms. CANTWELL, himself, Mr. BINGAMAN, and Mr. BOND) pro- am concerned that long call ups and re- Mr. CARDIN, Mr. CARPER, Mr. CASEY, posed an amendment to amendment SA 2730 proposed by Mr. JOHNSON (for himself and deployments have made it hard for Mr. CHAMBLISS, Mr. COBURN, Mr. COCH- Mrs. HUTCHISON) to the bill H.R. 3082, making small businesses to be supportive of ci- RAN, Ms. COLLINS, Mr. CONRAD, Mr. appropriations for military construction, the vilian soldiers. CORKER, Mr. CRAPO, Mr. DEMINT, Mr. Department of Veterans Affairs, and related The HEART Act provides a tax credit DODD, Mr. DORGAN, Mr. DURBIN, Mr. agencies for the fiscal year ending Sep- to small businesses to assist with the ENSIGN, Mr. ENZI, Mr. FEINGOLD, Mrs. tember 30, 2010, and for other purposes.

VerDate Nov 24 2008 23:32 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.020 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE S11256 CONGRESSIONAL RECORD — SENATE November 6, 2009 SA 2738. Mr. WARNER (for himself and Mr. (b) The study conducted pursuant to sub- other purposes; which was ordered to WEBB) submitted an amendment intended to section (a) shall— lie on the table; as follows: be proposed by him to the bill H.R. 3082, (1) examine case studies of congestion On page 52, after line 21, add the following: supra; which was ordered to lie on the table. caused on metropolitan road and transit fa- SEC. 229. Section 315(b) of title 38, United SA 2739. Mr. WARNER submitted an cilities when BRAC requirements cause States Code, is amended by striking ‘‘Decem- amendment intended to be proposed by him shifts in personnel to occur faster than fa- ber 31, 2009’’ and inserting ‘‘December 31, to the bill H.R. 3082, supra; which was or- cilities can be improved through the usual 2010’’. dered to lie on the table. State and local processes; SA 2740. Mr. AKAKA (for himself, Mr. (2) review the criteria used by the Defense SA 2741. Mr. MENENDEZ submitted INOUYE, and Mr. BURR) submitted an amend- Access Roads (DAR) program for deter- an amendment intended to be proposed ment intended to be proposed by him to the mining the eligibility of transportation by him to the bill H.R. 3082, making ap- bill H.R. 3082, supra; which was ordered to lie projects and the appropriate Department of propriations for military construction, on the table. Defense share of public highway and transit the Department of Veterans Affairs, SA 2741. Mr. MENENDEZ submitted an improvements in BRAC cases; amendment intended to be proposed by him (3) assess the adequacy of current Federal and related agencies for the fiscal year to the bill H.R. 3082, supra; which was or- surface transportation and Department of ending September 30, 2010, and for dered to lie on the table. Defense programs that fund highway and other purposes; which was ordered to SA 2742. Mr. BURR (for himself and Mr. transit improvements in BRAC cases to miti- lie on the table; as follows: AKAKA) submitted an amendment intended gate transportation impacts in urban areas On page 52, after line 21, add the following: to be proposed to amendment SA 2730 pro- with preexisting traffic congestion and satu- SEC. 229. (a) ADDITIONAL AMOUNT FOR STATE posed by Mr. JOHNSON (for himself and Mrs. rated roads; VETERANS CEMETERIES.—The amount appro- HUTCHISON) to the bill H.R. 3082, supra; which (4) identify promising approaches for fund- priated by this title under the heading was ordered to lie on the table. ing road and transit improvements and ‘‘GRANTS FOR CONSTRUCTION OF STATE VET- SA 2743. Mr. BURR (for himself and Mr. streamlining transportation project approv- ERANS CEMETERIES’’ is hereby increased by AKAKA) submitted an amendment intended als in BRAC cases; and $4,000,000. to be proposed to amendment SA 2730 pro- (5) provide recommendations for modifica- (b) OFFSET.—The amount appropriated or posed by Mr. JOHNSON (for himself and Mrs. tions of current policy for the DAR and Of- otherwise made available by this title under HUTCHISON) to the bill H.R. 3082, supra; which fice of Economic Adjustment programs, in- the heading ‘‘GENERAL OPERATING EXPENSES’’ was ordered to lie on the table. cluding funding strategies, road capacity as- is hereby decreased by $4,000,000. SA 2744. Mr. DODD submitted an amend- sessments, eligibility criteria, and other gov- ment intended to be proposed by him to the ernment policies and programs the National SA 2742. Mr. BURR (for himself and bill H.R. 3082, supra; which was ordered to lie Academy of Sciences may identify, to miti- Mr. AKAKA) submitted an amendment on the table. gate the impact of BRAC-related installation intended to be proposed to amendment SA 2745. Mr. FRANKEN (for himself and growth on preexisting urban congestion. SA 2730 proposed by Mr. JOHNSON (for Mr. JOHNSON) submitted an amendment in- (c) The Secretary of Defense shall enter tended to be proposed by him to the bill H.R. himself and Mrs. HUTCHISON) to the bill into an arrangement with the National H.R. 3082, making appropriations for 3082, supra; which was ordered to lie on the Academy of Sciences to provide the study table. military construction, the Department conducted pursuant to subsection (a) by not of Veterans Affairs, and related agen- f later than 45 days after the date of the enactment of the Act. cies for the fiscal year ending Sep- TEXT OF AMENDMENTS (d)(1) Not later than May 15, 2010, the Na- tember 30, 2010, and for other purposes; SA 2737. Mr. UDALL of New Mexico tional Academy of Sciences shall provide an which was ordered to lie on the table; (for himself, Mr. BINGAMAN, and Mr. interim report of its findings to the Sec- as follows: BOND) proposed an amendment to retary of Defense and the Committees on On page 52, after line 21, add the following: amendment SA 2730 proposed by Mr. Armed Services and Appropriations of the SEC. 229. (a) ADDITIONAL AMOUNT FOR HOME- Senate and the House of Representatives. JOHNSON (for himself and Mrs. LESS VETERANS COMPREHENSIVE SERVICE PRO- (2) Not later than January 31, 2011, the Na- GRAMS AND HOUSING ASSISTANCE AND SUP- HUTCHISON) to the bill H.R. 3082, mak- tional Academy of Sciences shall provide a PORTIVE SERVICES.—The amount appro- ing appropriations for military con- final report of its findings to the Secretary priated by this title under the heading ‘‘MED- struction, the Department of Veterans of Defense and the Committees on Armed ICAL SERVICES’’ is hereby increased by Affairs, and related agencies for the fis- Services and Appropriations of the Senate $43,387,240, with the amount of the increase cal year ending September 30, 2010, and and the House of Representatives. to be available for the following: for other purposes; as follows: (1) The grant program under section 2011 of SA 2739. Mr. WARNER submitted an title 38, United States Code. On page 52, after line 21, add the following: amendment intended to be proposed by SEC. 229. Of the amount appropriated or (2) Per diem payments under section 2012 of otherwise made available by this title under him to the bill H.R. 3082, making ap- such title. the heading ‘‘MEDICAL SERVICES’’, $150,000,000 propriations for military construction, (3) Housing assistance and supportive serv- shall be available for the grant program the Department of Veterans Affairs, ices under subchapter V of chapter 20 of such under section 2011 of title 38, United States and related agencies for the fiscal year title. Code, and per diem payments under section (b) OFFSETTING RESCISSION.—There is here- ending September 30, 2010, and for by rescinded, from amounts appropriated for 2012 of such title. other purposes; which was ordered to fiscal years beginning before fiscal year 2010 lie on the table; as follows: SA 2738. Mr. WARNER (for himself for the guaranteed transitional housing loan On page 52, after line 21, add the following: program authorized by subchapter VI of and Mr. WEBB) submitted an amend- SEC. 229. Not later than January 29, 2010, chapter 20 of title 38, United States Code, ment intended to be proposed by him the Secretary of Veterans Affairs shall sub- that remain available for obligation as of the to the bill H.R. 3082, making appropria- mit to the Committee on Veterans’ Affairs of date of the enactment of this Act, the tions for military construction, the De- the Senate and the Committee on Veterans’ amount of $43,387,240. partment of Veterans Affairs, and re- Affairs of the House of Representative a re- (c) REDUCTION IN AVAILABILITY OF FUNDS lated agencies for the fiscal year end- port on the use of advanced technology to FOR GUARANTEED TRANSITIONAL HOUSING ing September 30, 2010, and for other automate the administration of veterans dis- LOANS FOR HOMELESS VETERANS PROGRAM.— The amount made available by this title purposes; which was ordered to lie on ability claims. Such report shall include the following: under the heading ‘‘GUARANTEED TRANSI- the table; as follows: (1) A survey of advanced technology that TIONAL HOUSING LOANS FOR HOMELESS VET- On page 27, between lines 3 and 4, insert can be used for such automation. ERANS PROGRAM ACCOUNT’’ is hereby reduced the following: (2) An assessment of the feasibility and ad- by $750,000. SEC. 128. (a) Of the funds appropriated or visability of using such technology for such otherwise made available by this title under automation. SA 2743. Mr. BURR (for himself and the heading ‘‘DEPARTMENT OF DEFENSE BASE Mr. AKAKA) submitted an amendment CLOSURE ACCOUNT, 2005’’, $450,000 shall be SA 2740. Mr. AKAKA (for himself, Mr. intended to be proposed to amendment available for the Secretary of Defense to INOUYE, and Mr. BURR) submitted an SA 2730 proposed by Mr. JOHNSON (for enter into an arrangement with the National amendment intended to be proposed by himself and Mrs. HUTCHISON) to the bill Academy of Sciences to conduct a study him to the bill H.R. 3082, making ap- through the Transportation Research Board H.R. 3082, making appropriations for of Federal funding of transportation im- propriations for military construction, military construction, the Department provements to accommodate installation the Department of Veterans Affairs, of Veterans Affairs, and related agen- growth associated with the 2005 Defense Base and related agencies for the fiscal year cies for the fiscal year ending Sep- Closure and Realignment (BRAC) program. ending September 30, 2010, and for tember 30, 2010, and for other purposes;

VerDate Nov 24 2008 23:32 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.024 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 6, 2009 CONGRESSIONAL RECORD — SENATE S11257 which was ordered to lie on the table; The PRESIDING OFFICER. The Whereas the soldiers of Fort Hood have as follows: clerk will report the resolution by served with honor and distinction in the On page 52, after line 21, add the following: title. Global War on Terror, frequently on the SEC. 229. (a) ADDITIONAL AMOUNT FOR HOME- The legislative clerk read as follows: front lines in the combat theaters of Iraq LESS VETERANS COMPREHENSIVE SERVICE PRO- and Afghanistan; and A resolution (S. Res. 343) to constitute the GRAMS AND HOUSING ASSISTANCE AND SUP- Whereas the Fort Hood community experi- majority party’s membership on certain PORTIVE SERVICES.—The amount appro- enced a monumental tragedy on November 5, committees for the One Hundred Eleventh priated by this title under the heading ‘‘MED- 2009, when a gunman opened fire on large Congress, or until their successors are cho- ICAL SERVICES’’ under the heading ‘‘VET- groups of soldiers on the installation: Now, sen. ERANS HEALTH ADMINISTRATION’’ is increased therefore, be it by $750,000, with the amount of the increase There being no objection, the Senate Resolved, That the Senate— to be available for the following: proceeded to consider the resolution. (1) offers its deepest and most sincere con- (1) The grant program under section 2011 of Mr. DORGAN. Mr. President, I ask dolences to the families, friends, and loved ones of the innocent victims killed or wound- title 38, United States Code. unanimous consent that the resolution (2) Per diem payments under section 2012 of ed in the senseless violence that occurred on be agreed to and the motion to recon- November 5, 2009; such title. sider be laid upon the table without (3) Housing assistance and supportive serv- (2) offers support and hope for a full recov- ices under subchapter V of chapter 20 of such further intervening action or debate. ery for those who have been wounded. title. The PRESIDING OFFICER. Without (3) honors the heroic service, actions, and (b) OFFSET.—The amount appropriated or objection, it is so ordered. sacrifices of law enforcement personnel, first otherwise made available by this title under The resolution (S. Res. 343) was responders, soldiers present on the scene, the heading ‘‘GENERAL OPERATING EXPENSES’’ agreed to, as follows: medical personnel, and countless others who under the heading ‘‘DEPARTMENTAL ADMINIS- aided the innocent victims of this attack; S. RES. 343 TRATION’’ is decreased by $750,000. and Resolved, That the following shall con- (4) shares in the pain and grief felt by the SA 2744. Mr. DODD submitted an stitute the majority party’s membership on people of the United States in the aftermath amendment intended to be proposed by the following committee for the One Hun- of this tragic event. him to the bill H.R. 3082, making ap- dred Eleventh Congress, or until their suc- f propriations for military construction, cessors are chosen: COMMITTEE ON RULES AND ADMINIS- EXECUTIVE SESSION the Department of Veterans Affairs, TRATION: Mr. Schumer (Chairman), Mr. and related agencies for the fiscal year Byrd, Mr. Inouye, Mr. Dodd, Mrs. Feinstein, ending September 30, 2010, and for Mr. Durbin, Mr. Nelson (Nebraska), Mrs. EXECUTIVE CALENDAR other purposes; which was ordered to Murray, Mr. Pryor, Mr. Udall (New Mexico), Mr. DORGAN. Mr. President, I ask lie on the table; as follows: Mr. Warner. unanimous consent that the Senate At the appropriate place, insert the fol- f proceed to executive session to con- lowing: sider en bloc Calendar Nos. 480 and 522; SEC. llll. Section 129 of the Continuing REGARDING THE TRAGIC Appropriations Resolution, 2010 (Public Law SHOOTING AT FORT HOOD, TEXAS that the nominations be confirmed, and the motions to reconsider be laid 111–68) is amended by striking ‘‘by sub- Mr. DORGAN. Mr. President, I ask stituting’’ and all that follows through the upon the table en bloc; that no further period at the end, and inserting ‘‘by sub- unanimous consent that the Senate motions be in order; that any state- now proceed to the consideration of S. stituting June 30, 2010 for the date specified ments be printed in the RECORD; and in each such section.’’. Res. 344, which was submitted earlier that the President be immediately no- today. tified of the Senate’s action. SA 2745. Mr. FRANKEN (for himself The PRESIDING OFFICER. The NOMINATION DISCHARGED and Mr. JOHNSON) submitted an amend- clerk will report the resolution by I further ask unanimous consent that ment intended to be proposed by him title. the Environment and Public Works to the bill H.R. 3082, making appropria- The legislative clerk read as follows: Committee be discharged of PN931, the tions for military construction, the De- A resolution (S. Res. 344) expressing the partment of Veterans Affairs, and re- nomination of Barbara Bennett to be sense of the Senate regarding the tragic CFO of the EPA; that the Senate then lated agencies for the fiscal year end- shooting at Fort Hood, Texas on November 5, ing September 30, 2010, and for other 2009. proceed to the nomination; that the nomination be confirmed and the mo- purposes; which was ordered to lie on There being no objection, the Senate tion to reconsider be laid upon the the table; as follows: proceeded to consider the resolution. table; that no further motions be in On page 52, after line 21, add the following: Mr. DORGAN. I ask unanimous con- order; the President be immediately SEC. 229. Of the amounts appropriated or sent that the resolution be agreed to, notified of the Senate’s action; that otherwise made available by this title for the the preamble be agreed to, and the mo- Department of Veterans Affairs, $5,000,000 the Senate return to legislative ses- tions to reconsider be laid upon the shall be available for the study required by sion; and that any statements be print- table. section 1077 of the National Defense Author- ed in the RECORD. ization Act for Fiscal Year 2010. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without f objection, it is so ordered. objection, it is so ordered. Both re- The resolution (S. Res. 344) was PRIVILEGES OF THE FLOOR quests are agreed to. agreed to. The nominations considered and con- Mr. DORGAN. Mr. President, I ask The preamble was agreed to. firmed en bloc are as follows: unanimous consent that LTC Joseph J. The resolution, with its preamble, OFFICE OF SURFACE MINING RECLAMATION AND Martin, a U.S. Army Special Forces of- reads as follows: ENFORCEMENT ficer currently serving as Senator S. RES. 344 Joseph G. Pizarchik, of Pennsylvania, to REID’s military legislative fellow this Whereas Fort Hood, Texas, the largest be Director of the Office of Surface Mining year, be granted floor privileges for the military installation in the world, is home to Reclamation and Enforcement. duration of H.R. 3082, the Military Con- numerous distinguished units of the Armed NATIONAL ARCHIVES AND RECORDS struction and Veterans Affairs Appro- Forces of the United States, including the ADMINISTRATION priations Act for fiscal year 2010. Third Corps, the First Calvary Division, the David S. Ferriero, of North Carolina, to be The PRESIDING OFFICER. Without Third Armored Calvary Regiment, and oth- Archivist of the United States. ers; objection, it is so ordered. ENVIRONMENTAL PROTECTION AGENCY Whereas Fort Hood has long been a source f of pride for the State of Texas and for all the Barbara J. Bennett, of Virginia, to be Chief CONSTITUTING MAJORITY PARTY people of the United States who value the Financial Officer, Environmental Protection Agency. MEMBERSHIP selfless service and sacrifice or our men and women in uniform; f Mr. DORGAN. Mr. President, I ask Whereas the soldiers, family members, and LEGISLATIVE SESSION unanimous consent that the Senate civilian employees who live and serve at proceed to immediate consideration of Fort Hood play a critical role in the defense The PRESIDING OFFICER. The Sen- S. Res. 343, submitted earlier today. of our Nation; ate will resume legislative session.

VerDate Nov 24 2008 00:57 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.028 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE S11258 CONGRESSIONAL RECORD — SENATE November 6, 2009 ORDER FOR RECORD TO REMAIN tion and Veterans Affairs appropria- DISCHARGED NOMINATION OPEN tions. The Senate Committee on Environ- Mr. DORGAN. I ask unanimous con- The PRESIDING OFFICER. Without ment and Public Works was discharged sent that notwithstanding an adjourn- objection, it is so ordered. from further consideration of the fol- ment of the Senate, the RECORD remain f lowing nomination by unanimous con- open today until 1:30 p.m. for the sub- sent and the nomination was con- mission of legislation, statements, and PROGRAM firmed: cosponsorships. Mr. DORGAN. Under a previous BARBARA J. BENNETT, OF VIRGINIA, TO BE CHIEF FI- The PRESIDING OFFICER. Without NANCIAL OFFICER, ENVIRONMENTAL PROTECTION order, at 4:30 p.m. Monday the Senate AGENCY. objection, it is so ordered. will debate the nomination of Andre Davis to be U.S. Circuit judge for the f f Fourth Circuit. At 5:30 p.m. the Senate CONFIRMATIONS ORDERS FOR MONDAY, NOVEMBER will proceed to vote on the confirma- 9, 2009 tion of the nomination. We could also Executive nominations confirmed by have a vote on an amendment to the the Senate, Friday, November 6, 2009: Mr. DORGAN. I ask unanimous con- Military Construction bill following OFFICE OF SURFACE MINING RECLAMATION AND sent that when the Senate completes the 5:30 vote. ENFORCEMENT its business today, it adjourn until 2 JOSEPH G. PIZARCHIK, OF PENNSYLVANIA, TO BE DI- p.m. Monday, November 9; that fol- f RECTOR OF THE OFFICE OF SURFACE MINING RECLAMA- lowing the prayer and pledge, the Jour- TION AND ENFORCEMENT. nal of proceedings be approved to date, ADJOURNMENT UNTIL MONDAY, NATIONAL ARCHIVES AND RECORDS the morning hour be deemed expired, NOVEMBER 9, 2009, AT 2 P.M. ADMINISTRATION the time for the two leaders be re- Mr. DORGAN. Mr. President, if there DAVID S. FERRIERO, OF NORTH CAROLINA, TO BE AR- served for their use later in the day, is no further business to come before CHIVIST OF THE UNITED STATES. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT and the Senate proceed to a period of the Senate, I ask unanimous consent TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- morning business until 3 p.m., with that it adjourn under the previous QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY Senators permitted to speak up to 10 order. CONSTITUTED COMMITTEE OF THE SENATE. minutes each; that following morning There being no objection, the Senate, ENVIRONMENTAL PROTECTION AGENCY business, the Senate resume consider- at 12:34 p.m., adjourned until Monday, BARBARA J. BENNETT, OF VIRGINIA, TO BE CHIEF FI- NANCIAL OFFICER, ENVIRONMENTAL PROTECTION ation of H.R. 3082, Military Construc- November 9, 2009, at 2 p.m. AGENCY.

VerDate Nov 24 2008 23:49 Nov 06, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 9801 E:\CR\FM\G06NO6.026 S06NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 6, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2733 EXTENSIONS OF REMARKS

CHEMICAL FACILITY ANTI- the Department time to implement CFATS so DEMOCRAT HEALTHCARE BILL: TERRORISM ACT OF 2009 we can more fully assess the effectiveness of ABORTION COVERAGE current regulation before authorizing further SPEECH OF significant changes to the program. In addi- HON. MIKE PENCE HON. STEPHANIE HERSETH SANDLIN tion, during testimony before the Committees OF INDIANA OF SOUTH DAKOTA on Homeland Security and Energy and Com- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES merce, Administration officials expressed con- Friday, November 6, 2009 cern over whether DHS had the necessary re- Thursday, November 5, 2009 Mr. PENCE. Madam Speaker, for 30 years, sources and expertise to properly administer the pro-life beliefs of millions of Americans The House in Committee of the Whole IST requirements. Such uncertainty over a crit- House on the State of the Union had under have been protected by the federal govern- ical section of the proposed regulations further consideration the bill (H.R. 2868) to amend ment. Congress passed the Hyde Amendment supports the view that it is more appropriate to the Homeland Security Act of 2002 to extend, in 1976 which bars federal funds from paying allow the current regulatory process to con- modify, and recodify the authority of the for elective abortions. This amendment must Secretary of Homeland Security to enhance tinue. be renewed yearly in the annual Labor, Health security and protect against acts of ter- At this point there is no companion author- rorism against chemical facilities, and for and Human Services Appropriations bill. other purposes: ization bill in the Senate. However, as the leg- However, the programs included in the islative process continues to move forward, I Pelosi health care bill, including the govern- Ms. HERSETH SANDLIN. Mr. Chair, today will continue to work with my colleagues in the ment-run plan, are not funded by or beholden the House is considering H.R. 2868, the House and Senate toward a bill that achieves to this annual appropriations bill and are there- Chemical and Water Security Act of 2009. the goal of properly protecting our citizens, in fore not subject to the Hyde amendment. Chemical and water security is essential and South Dakota and across the country, from Legislation of this magnitude must contain of course we must take every sensible step to risks posed by accidents or terrorist attacks on clear and decisive language that makes cer- support the establishment of adequate security tain that federal funds are not used to pay for programs for drinking water and wastewater chemical, drinking water and wastewater facilities, and ensures that agricultural and other elective abortions. References to provisions in facilities and a continuation of efforts to prop- current law that are susceptible to being erly improve security measures and risks re- businesses will be protected from overly burdensome regulations. Thank you. stripped in the annual appropriations process lated to chemical facilities. is not any kind of protection at all. However, I have heard serious concerns f The Pelosi health care plan is also a clear from agricultural retailers and farm groups in departure from the long-standing federal policy South Dakota about the potential implications RECOGNIZING THE CAREER AND against federal funding of health plans that of this legislation and am concerned that it is ACCOMPLISHMENTS OF MR. JIM cover abortions. The Pelosi bill explicitly per- being rushed through the House. Specifically, DURRETT mits federal funds to subsidize health plans these constituents are concerned about the in- that cover abortions. clusion of Inherently Safer Technology (IST) The bill’s proponents will claim that public requirements, which will affect products impor- HON. MARSHA BLACKBURN dollars are separated from private insurance tant to agriculture in our state such as anhy- premiums, but this is nothing more than a slick drous ammonia fertilizer. Anhydrous ammonia OF TENNESSEE accounting gimmick rejected by the pro-life fertilizer is a widely-used and essential lower- IN THE HOUSE OF REPRESENTATIVES community at-large. cost source of plant nutrients on which many According to the non-partisan Congressional farmers in South Dakota rely. The South Da- Friday, November 6, 2009 Research Service, any outlay by a govern- kota Agribusiness Association has informed ment run plan for abortions or health care my office that, while the bill does not require Mrs. BLACKBURN. Madam Speaker, I ask services would by definition be federal funds. smaller Tier 3 and 4 facilities to switch to a my colleagues to join me in congratulating Mr. The Pelosi health care bill also includes a safer product or process, in the face of higher Jim Durrett of Clarksville, Tennessee, upon his mandate requiring at least one insurance plan regulatory costs and increased liability con- retirement after 32 years of civil service to the offered in the federal exchange to cover abor- cerns, these facilities may well opt to stop City of Clarksville. tions. handling this product. While there are replace- Jim’s story is inspiring. A native son, he The bill before us is a clear departure from ment fertilizers that could be substituted for began his work for the city as a laborer in the the longstanding Hyde law and violates the anhydrous ammonia, the South Dakota Agri- Street Department. Jim worked diligently and beliefs of millions of pro-life Americans who business Association anticipates that the cost continued to assume more and more responsi- find abortion morally unconscionable. per acre would increase for farmers as more bility. Eventually, he became the Super- I urge Speaker Pelosi to allow an up-or- product application would be needed to obtain intendent of that department and served capa- down vote on a truly pro-life amendment—the the same nitrogen levels needed for certain bly in that role for 20 years through many dif- Stupak/Pitts amendment. The Stupak/Pitts leading crops, like corn. Farmers in South Da- ficult times. amendment would prevent federal dollars from kota are already struggling with increased funding abortion and preserve the long-stand- Jim’s leadership over those years prepared input costs and I believe we should not rush ing federal policy of protecting the unborn. In him to be named as the Mayor’s Chief of Staff to put in place new rules that could further a last-ditch effort to garner votes, the Demo- in 2007. Since that time, Jim has overseen the raise these costs. crat majority plans to propose a rule for con- city’s involvement in some of Clarksville’s This is especially true, where, as here, the sidering the legislation that claims to ‘‘fix’’ the most exciting developments—the recruitment U.S. Department of Homeland Security (DHS) pro-life concerns in the bill, but the new lan- of Hemlock Semiconductor, the extension of is currently engaged in implementing Chemical guage still allows federal funding for abortions. the RiverWalk, the beginning of construction Facility Anti-Terrorism Standards (CFATS), This is little more than a political scheme, and on the long-awaited Marina, and many other which were authorized as part of the Home- the language has been rejected by every important projects. Despite the heavy load of land Security Appropriations Act of 2007, major pro-life group in the country. which I supported. The crop-related chemical responsibility, Jim’s strong work ethic, pleas- I urge the Speaker to include genuinely pro- facilities have been working cooperatively with ant demeanor, and the continuing respect of life language into one of the most important DHS throughout the CFATS process to estab- his colleagues is remarkable. pieces of legislation we will likely consider in lish appropriate risk-based standards and en- Please join me in honoring Jim Durrett on our lifetime. A vote on the Stupak/Pitts amend- sure compliance. This rulemaking process is his service to the City of Clarksville, and wish- ment must be allowed to ensure the protection not yet complete and I would prefer to allow ing him only the best in the years to come. and safety of America’s future—our children.

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

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A06NO8.001 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2734 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2009 PERSONAL EXPLANATION that the detachment sponsors in southern Or- uid Terminal Association, board and campaign egon. member of the United Way of Texarkana, HON. JIM GERLACH I am very pleased to note that the Rogue board member of CHRISTUS St. Michael Hos- OF PENNSYLVANIA Valley detachment is the only Marine Corps pital and CHRISTUS St. Michael Health Care IN THE HOUSE OF REPRESENTATIVES League unit in the country that sponsors this Center Foundation, chairman of the Gov- many Young Marine units. The detachment’s ernor’s Task Force on Flooding on the Lower Friday, November 6, 2009 commitment to making a positive impact on Red River, board member of Century Banc- Mr. GERLACH. Madam Speaker, unfortu- America’s future is without question and we shares and member of the Red River Rede- nately, on Monday, November 2, 2009, I are indeed fortunate to have members Dave velopment Authority. He recently completed a missed three recorded votes on the House Dotterrer and Anthony Guillory serve on the term as board chairman of the National Air floor. Had I been present, I would have voted National Board of Directors for the Young Ma- Transportation Association, one of the aviation ‘‘yea’’ on Roll Call 832, ‘‘yea’’ on Roll Call 833, rines. industry’s leading advocacy organizations. and ‘‘yea’’ on Roll Call 834. Other detachment members have sent out Greg and his wife, Ashley Arnold, have Additionally, I missed three recorded votes nearly 100 comfort packages to deployed Ma- three children: Anthony, Regan and Carsen. on Tuesday, November 3, 2009. I ask that the rines and soldiers. The detachment also re- Established in 1980 by the Arkansas Avia- RECORD reflect that had I been present, I cently volunteered to support their local com- tion Historical Society, the Arkansas Aviation would have voted ‘‘yea’’ on rollcall 835, ‘‘yea’’ munity when the Cycle Oregon tour came Hall of Fame inducts those who make a dif- on rollcall 836, and ‘‘yea’’ on rollcall 837. through the Rogue Valley and in return raised ference or play a significant role in the history f over $500 to put toward future fundraising ef- of aviation on the national or state scenes. forts. In addition, the detachment regularly of- Greg Arnold has had a major impact on avia- CONGRATULATIONS TO THE fers an Honor Guard detail to the Eagle Point tion in Arkansas and in this country and he UNITED STATES MARINE CORPS National Cemetery to provide funeral honors deserves a place on this esteemed list. His for their fallen brethren. Finally, in probably commitment to community, to state, to country HON. GREG WALDEN their most fulfilling service to community, the and to excellence in his field is what makes OF OREGON Rogue Valley detachment collects and distrib- Greg the respected and admired leader he is IN THE HOUSE OF REPRESENTATIVES utes toys for the yearly Marine Toys for Tots today. Friday, November 6, 2009 program throughout Jackson and Josephine I applaud Greg’s vision and leadership in counties. the field of aviation. I offer my deepest grati- Mr. WALDEN. Madam Speaker, I rise today By their actions and deeds, the men and tude and admiration for all that he has done to honor the more than 100 members of the women of the Marine Corps League Rogue to make our state a better place to live and I Marine Corps League Rogue Valley Detach- Valley Detachment 386 have demonstrated extend to him my congratulations on this pres- ment 386 of southern Oregon on the occasion the honor, commitment, and values that Ma- tigious accomplishment. of the Marine Corps’ 234th birthday. Since rines have been renowned for since their in- f 1921, all Marines—past and present—have ception. While our gathering next Tuesday to heeded the order issued by Major General mark this auspicious occasion in the Corps’ JACK F. KEMP POST OFFICE John A. Lejeune to come together each No- 234-year history may be small compared to BUILDING vember to remember the history, honor, and others, I am extremely honored to share this SPEECH OF traditions of their Corps. time with such a dedicated group of veterans, Next week, on November 10, I will have the constituents, and friends. HON. TODD TIAHRT honor and the privilege of joining with the Madam Speaker, I encourage all Members OF KANSAS Rogue Valley detachment to celebrate and of Congress seek out their local Marine Corps IN THE HOUSE OF REPRESENTATIVES commemorate the founding of the United League detachments or active duty Marines Thursday, November 5, 2009 States Marine Corps when, in 1775, the Sec- on November 10 and raise a glass to cele- ond Continental Congress resolved to raise brate the world’s finest fighting force. Semper Mr. TIAHRT. Mr. Speaker, I would like to two battalions of Continental Marines. Fidelis, Marines, and Happy Birthday. add my voice to those supporting S. 1211, For the 234 years that have followed, the f honoring the life of Jack Kemp by designating United States Marine Corps has stood as the the facility of the United States Postal Service epitome of America’s military strength. From IN RECOGNITION OF ARKANSAS located at 60 School Street, Orchard Park, the Battle of Belleau Wood to the Battle of AVIATION HALL OF FAME IN- New York, as the ‘‘Jack F. Kemp Post Office Khe Sanh, from the sands of Iwo Jima to the DUCTEE GREG ARNOLD Building.’’ streets of Fallujah, from Grenada to Beirut, the Jack was an accomplished and respected Marine Corps has never failed in answering HON. MIKE ROSS politician and athlete. He served his country in the call to defend this Nation and its interests OF ARKANSAS the United States Army Reserve and was a around the world. Marines truly have served in IN THE HOUSE OF REPRESENTATIVES professional quarterback for 13 years, prob- every clime and place in defense of freedom. ably best known for his time with the San It is this tradition of service and commitment Friday, November 6, 2009 Diego Chargers and Buffalo Bills. He served to freedom that most impresses me whenever Mr. ROSS. Madam Speaker, I rise today to as a Member of this body from 1971 to 1989, I meet a Marine or former Marine. recognize Greg Arnold who will be the 94th in- as the Secretary of Housing and Urban Devel- Proving that ‘‘Once a Marine, Always a Ma- dividual inducted into the Arkansas Aviation opment from 1989 to 1993, and as the Repub- rine’’ is more that just a slogan, the members Hall of Fame on Thursday, November 12, lican Party’s nominee for Vice President and of the Marine Corps League Rogue Valley de- 2009, at the Aerospace Education Center in presidential nominee Bob Dole’s running-mate tachment are dedicated to the purpose of pre- Little Rock, Arkansas. in the 1996 election. serving these traditions and promoting the in- Greg Arnold is president and chief executive Both as a public official and as a private cit- terests of the United States Marine Corps. officer (CEO) of Truman Arnold Companies izen, Jack was a great voice for common- They do this by promoting the ideals of free- (TAC), a Texarkana, Texas, based company sense conservatism in America. Laws still dom and democracy throughout their commu- founded by Truman Arnold in 1964 as a bear his name, which is a testament to his ef- nity and by volunteering aid and assistance to branded petroleum jobber. Today, TAC is a fectiveness as a Member of Congress. Jack all current and former Marines and Fleet Ma- leading national petroleum marketing com- Kemp left behind a legacy of principled deter- rine Force Corpsman and their families. pany, offering a variety of services through a mination and resolve to find practical solu- In the past year, the Rogue Valley detach- network of petroleum terminals and aviation tions, not only within the Republican Party, but ment, led by Commandant Loren Otto, orga- Fixed Base Operations (FBO) facilities. A rap- in the realm of public service as a whole. nized its first annual ‘‘Tee It Up for Local He- idly growing company, TAC currently employs Even more important than his career ac- roes’’ golf tournament and raised $2,100 to more than 500 highly trained people. complishments was Jack’s strong character. support Toys for Tots, the Marines Helping As president of TAC for more than 16 years He had a deep faith that he lived out every Marines Wounded Warrior program, and to and CEO for 6, Greg has served as president day. He cherished his wife Joanne and their provide care packages for deployed service of the Arkansas Oil Marketers Association, four children, making sure that, despite his members. A portion of these funds also went president of the Texarkana Chamber of Com- many roles and responsibilities, he was there to support the three local Young Marine units merce, vice president of the Independent Liq- for them as a husband and father.

VerDate Nov 24 2008 05:06 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K06NO8.001 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 6, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2735 I am honored to have known Jack as a col- The Ukrainian famine, referred to as name, including the Wal-Mart Teacher of the league and friend, and hope that the designa- Holodomor or ‘‘Death by Starvation,’’ remains Year and the Walnut Glen Academy Teacher tion of the Jack F. Kemp Post Office Building one of the least known human tragedies. An of the Year Award. She considers her proud- will serve as one of many different recogni- estimated 7 to 10 million Ukrainians perished est accomplishment the art program she has tions of his life and service to our country. His when the Soviet government, using food as a helped establish at Walnut Glen Academy. family remains in our thoughts and prayers, weapon to suppress the nationalism and iden- I ask my colleagues to join me in recog- and I encourage my colleagues to keep his tity of the Ukrainian people, seized the coun- nizing Karen for her selfless contributions to memory alive as we work together in the fight try’s 1932 grain crop and executed thousands make Texas and America a better place by for freedom and opportunity for all Americans. who resisted. The country’s borders were pouring into our young people. Please join me f sealed to prevent starving Ukrainians from in congratulating Karen on a magnificent fleeing and to prevent any outside relief efforts achievement and wishing her all the best with PERSONAL EXPLANATION from reaching the people. her future endeavors. In its effort to suppress the Ukrainian nation, f HON. JIM GERLACH the Soviet Union perpetrated a famine so bru- OF PENNSYLVANIA tal that it ranks as one of the starkest exam- CONGRATULATING OLD NATIONAL BANK ON ITS 175TH ANNIVERSARY IN THE HOUSE OF REPRESENTATIVES ples of inhumanity in modern history. For generations, the Soviet Union tried to Friday, November 6, 2009 ban discussion of the famine, deceptively por- HON. BRAD ELLSWORTH Mr. GERLACH. Madam Speaker, unfortu- traying the millions of deaths as the result of OF INDIANA nately, on Wednesday, November 4, 2009, I drought, food shortages, or unavoidable cir- IN THE HOUSE OF REPRESENTATIVES missed eleven recorded votes on the House cumstances. We know this is false. The re- Friday, November 6, 2009 floor. Had I been present, I would have voted cently opened Soviet archives show the pre- ‘‘nay’’ on rollcall 841, ‘‘nay’’ on rollcall 842, meditated, political nature of the famine. The Mr. ELLSWORTH. Madam Speaker, I rise ‘‘yea’’ on rollcall 843, ‘‘yea’’ on rollcall 844, commendable work of Ukrainian scholars and today to recognize the service of Old National ‘‘yea’’ on rollcall 845, ‘‘yea’’ on rollcall 846, the Ukrainian-American community is helping Bank as a community leader and trusted fi- ‘‘nay’’ on rollcall 847, ‘‘yea’’ on rollcall 848, to bring these horrors to light and to ensure nancial institution. For 175 years, Old National ‘‘nay’’ on rollcall 849, ‘‘yea’’ on rollcall 850, our collective memory of this terrible act. Bank has been providing outstanding service and ‘‘yea’’ on rollcall 851. I am proud that Congress has supported ef- and banking options to communities through- f forts to recognize the Holodomor, particularly out the Ohio River Valley. legislation allowing Ukraine to donate a me- The bank was founded in 1834 in Evans- HONORING MRS. MARGIE morial in the District of Columbia honoring the ville, Indiana. And since that time, Old Na- SULLIVAN famine’s victims. The Ukrainian Government, tional has grown to become one of the most the Ukrainian-American Community, and the trusted financial institutions in the country. By HON. RODNEY ALEXANDER Department of the Interior have identified a committing itself to a sound, conservative ap- OF LOUISIANA site for this memorial and the Ukrainian Gov- proach to banking, Old National has survived IN THE HOUSE OF REPRESENTATIVES ernment is now working toward a design. This and thrived when others faltered. Old National is more than just a bank; it is Friday, November 6, 2009 memorial is deeply significant to the 1.5 million Ukrainian-Americans, indeed to all of us, and actively working to improve our communities, Mr. ALEXANDER. Madam Speaker, it is will serve as a tangible reminder of the horror too. Through its foundation, the bank is giving with great pride and pleasure that I rise today tyranny can inflict. back and supporting community initiatives to pay tribute to Mrs. Margie Sullivan for her I urge all of my colleagues to join me in re- through generous grants. And employees accomplishments and dedication to the blue- membering the victims of the Ukrainian have added manpower to those initiatives, vol- grass gospel music industry. Holodomor on its 76th anniversary and in re- unteering thousands of hours to the commu- Sullivan, born in Baskin, LA, has devoted newing our commitment to ensure events such nities and causes they care about. more than 60 years to the bluegrass gospel as this are never repeated. Without a doubt, Old National Bank has music ministry. Known as the ‘‘First Lady of f made Evansville and the other communities it Bluegrass Gospel Music,’’ she is featured in serves a better place for our citizens. the Bluegrass Music Hall of Fame located in SALUTING KATHLEEN HODGES OF Congratulations, Old National; here’s to an- Bean Blossom, Indiana. In addition, she is an GARLAND’S WALNUT GLEN other 175 years of success and prosperity. International Bluegrass Music Association Liv- ACADEMY f ing Legend recipient, member of the Alabama Country Music Hall of Fame in Tuscumbia, HON. SAM JOHNSON CONGRATULATING MARGARET BEATTY Alabama, and has been named as ‘‘Goodwill OF TEXAS Ambassador’’ for bluegrass music in several IN THE HOUSE OF REPRESENTATIVES European countries. Friday, November 6, 2009 HON. RODNEY ALEXANDER Earning these recognitions is a tremendous OF LOUISIANA honor, and I commend Margie for her hard Mr. JOHNSON of Texas. Madam Speaker, IN THE HOUSE OF REPRESENTATIVES I’d like to recognize Kathleen Hodges for win- work and compassion. Friday, November 6, 2009 I ask my colleagues to join me in saluting ning the Outstanding Teaching of the Human- Mrs. Margie Sullivan. She is truly deserving of ities Award 2008–2009. She teaches at Wal- Mr. ALEXANDER. Madam Speaker, it is our appreciation. nut Glen Academy in Garland and lives in with great pride that I rise today to congratu- f Rowlett. Kathleen stands head and shoulders late Margaret Beatty for being selected Queen above her peers for her role as an outstanding Evangeline of the 41st International Acadian REMEMBERING VICTIMS OF humanities teacher making a difference in the Festival in Iberville Parish. UKRAINIAN HOLODOMOR ON THE lives of young Texans. Margaret, a 17-year-old senior at St. John 76TH ANNIVERSARY The Outstanding Teaching of the Human- High School in Plaquemine, La., is the daugh- ities Awards recognizes 11 exemplary K–12 ter of Donnie and Amy Beatty. HON. SANDER M. LEVIN humanities teachers. Humanities Texas, for- The International Acadian Festival is spon- OF MICHIGAN merly the Texas Council for the Humanities, is sored by the Knights of Columbus, Council IN THE HOUSE OF REPRESENTATIVES the state affiliate of the National Endowment #970 of Plaquemine, which is the oldest for the Humanities. Humanities Texas con- Knights of Columbus Council in Louisiana. Friday, November 6, 2009 ducts and supports public programs in history, It is always outstanding to see the diligence Mr. LEVIN. Madam Speaker, this year literature, philosophy, and other humanities with which the young students of Louisiana marks the 76th anniversary of the famine that disciplines. These programs strengthen Texas work to give back and better their commu- was deliberately and systematically inflicted communities and ultimately help sustain rep- nities. I have the highest confidence that Mar- upon the Ukrainian people by Josef Stalin’s resentative democracy by cultivating informed, garet will succeed in whatever endeavors she brutal regime. I rise today in solemn memory educated citizens. pursues. of the Ukrainians who were killed between After a 21-year career in education, Hodges I ask my colleagues to join me in passing 1932 and 1933. has numerous teaching accolades to her good wishes to Margaret Beatty, her family,

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.006 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2736 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2009 and the entire International Acadian Festival. rounding counties. In 1983, Daggett Montes- porated area of Douglas County. More than Margaret is truly deserving of this recognition. sori School became the first public Montessori five years of technical study have dem- f school in the school district. E.M. Daggett Ele- onstrated the need for a central sewer system mentary recently began a Parents as Teach- to address the high risk of drinking water con- HONORING THE DEDICATION OF ers Program. tamination that exists as a result of failing on- THE VIETNAM MEMORIAL WALL As a former teacher, I know that quality site septic systems, inadequate soils and a OF TEXAS education is the foundation of a successful fu- high water table. Design of the system is com- ture. E.M. Daggett Elementary has been able plete, and the project is ready for construction. HON. JEB HENSARLING to provide that essential foundation to count- f OF TEXAS less people from Fort Worth. It has been a IN HONOR OF ACEL MOORE, DIS- vital part of Fort Worth for the past 100 years, IN THE HOUSE OF REPRESENTATIVES TINGUISHED PHILADELPHIA and I hope it will continue to be an invaluable Friday, November 6, 2009 JOURNALIST, EDUCATOR, MEN- part of the community for many years to TOR AND ROLE MODEL Mr. HENSARLING. Madam Speaker, today I come. recognize Kaufman County Veterans for their Again, I congratulate E.M. Daggett Elemen- tremendous work in procuring a replica of the tary on its 100th anniversary. HON. CHAKA FATTAH OF PENNSYLVANIA Vietnam Veterans Memorial Wall. f The memorial wall, which will be perma- IN THE HOUSE OF REPRESENTATIVES nently located at the Kaufman County Vet- EARMARK DECLARATION Friday, November 6, 2009 erans Memorial Park, will be a lasting tribute Mr. FATTAH. Madam Speaker, I rise today to those who not only served in Vietnam, but HON. ROBERT J. WITTMAN to recognize Acel Moore, a distinguished to all the veterans of Kaufman County. OF VIRGINIA Philadelphia journalist and educator, mentor As we prepare for Veterans Day on Novem- IN THE HOUSE OF REPRESENTATIVES and role model, who is adding another signifi- ber 11th, let us remember those throughout Friday, Novermber 6, 2009 cant honor to his already impressive career. our nation’s history who have sacrificed so Along the way, Acel Moore has been a pio- much so that we may be free. Freedom is not Mr. WITTMAN. Madam Speaker, pursuant neer in the promotion and showcasing of mi- free; it comes at an incredible cost. Veterans to the Republican Leadership standards on nority journalism and a star in the ranks of and their families, more than any other group earmarks, I am submitting the following infor- Philadelphia journalists. of Americans, understand that cost. mation regarding earmarks I received as part Acel Moore has been called ‘‘the con- President Coolidge once said, ‘‘A nation of H.R. 2996, the Department of Interior, Envi- science of the community,’’ a title and respon- which forgets its defenders, will itself soon be ronment, and Related Agencies Appropriations sibility that he continues to earn every day. forgotten.’’ This park and wall in Kaufman, Act of 2010. His latest honor, the 2009 Star Alumnus Texas, will forever be a reminder of the sac- Project Name: Caroline County for the EDDY from the Philadelphia Education Fund rifices our fellow Americans and their families Dawn Community Decentralized Wastewater as a Star of Public Education, will be pre- endured so that we may enjoy the freedoms System project sented November 19, 2009 at the Philadelphia that have made our country so great. Amount: $3,000,000 Education Fund awards ceremony on the As the Congressman of the Fifth District, I Account: STAG Water and Wastewater In- campus of Drexel University in my district. would like to thank everyone who played a frastructure Project Acel’s journalism career began at the Phila- role in building the Kaufman County Veterans Requested by: Caroline County delphia Inquirer in 1962 as a copy book, Memorial Park and bringing the Vietnam Vet- Intended Recipient of Funds: Caroline gained added prominence with the 1977 Pul- erans Memorial Wall to Kaufman County. County, VA, 117 Ennis Street, P.O. Box 447, itzer Prize and continues today as the Inquir- f Bowling Green, VA 22427 er’s Associate Editor Emeritus and columnist. Project description and explanation of the Yet alongside his work in the newsroom, Acel CONGRATULATIONS TO E.M. request: The project will expand the availability has been the creator of programs, motivator DAGGETT ELEMENTARY SCHOOL of safe county-owned and operated waste- and instructor for generations of public school IN FORT WORTH water treatment to replace failing or problem youth in Philadelphia. septic systems in the community of Dawn. The Most significantly, he has blended these HON. KAY GRANGER Dawn area has experienced serious public dual passions. Acel Moore has not only OF TEXAS health issues for years due to failing septic opened the door for talented youth of color to IN THE HOUSE OF REPRESENTATIVES systems. Phase 1 of the project was success- launch journalism and communications ca- ful in connecting over 180 households to the Friday, November 6, 2009 reers in workplaces desperately in need of di- county owned and operated Dawn De-central- versity. He has, time after time, built the door- Ms. GRANGER. Madam Speaker, I rise ized Wastewater System. Phase 2 is esti- way itself. today to offer my congratulations to an ele- mated to connect another 180 homes and Acel—known throughout Philadelphia and in mentary school in my District. E.M. Daggett small businesses. wider journalism circles simply by his distinc- Elementary in Fort Worth, Texas is celebrating f tive first name—continues to lecture at several its 100th anniversary. This is particularly note- colleges and universities around the country. worthy because Daggett Elementary is only EARMARK DECLARATION At the Inquirer, he writes and directs recruit- the second elementary school in the country ment, training and staff development while still to reach this milestone. HON. DOC HASTINGS being consulted to help shape and balance Named after a pioneer settler of Fort Worth, OF WASHINGTON the paper’s editorial policies. E.M. Daggett Elementary opened in Sep- IN THE HOUSE OF REPRESENTATIVES In 1979, he established the Art Peters Fel- tember of 1909. At that time, Fort Worth was lowship Program, a copy editor internship that Friday, November 6, 2009 experiencing a tremendous amount of growth has launched the careers of 50 journalists. In and a new school was needed to serve the Mr. HASTINGS of Washington. Madam 1984, he created the Journalism Career De- families moving into the southern parts of the Speaker, pursuant to the Republican Leader- velopment Workshop that has trained dozens city. As the city has continued to grow, so has ship standards on earmarks, I am submitting of Philadelphia high school students. The pro- E.M. Daggett Elementary. Buildings were the following information regarding an earmark gram is now named in his honor—the Acel added in 1914, 1926, and 1988 to increase I received as part of H.R. 2996, the Depart- Moore Minority Workshop. He also has devel- the number of classrooms and the overall size ment of the Interior, Environment, and Related oped writing and journalism programs for the of the school so it would be better equipped Agency Appropriations Act of 2010. This ear- School District of Philadelphia. to serve the community. mark in the Environmental Protection Agency’s In 1970 he won the Pennsylvania Bar Asso- E.M. Daggett Elementary has always been State and Tribal Assistance Grant Program is ciation’s Scale of Justice Award for his series a site of innovation and progress for the Fort for $500,000 to the City of Rock Island, P.O. on the juvenile court system. Then came the Worth Independent School District. In the Box 99, Rock Island, WA 98850. Public Service Award from the Society of Pro- 1940s, the regional day school for the deaf This project would construct a wastewater fessional Journalism in 1971 and an award was established. This school served deaf stu- collection and treatment system for the City of from the Pennsylvania Associated Press Man- dents from all over Tarrant County and sur- Rock Island and a portion of the unincor- aging Editors Association in 1974. That same

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K06NO8.004 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 6, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2737 year Moore joined Reggie Bryant to host an For all of his hard work, Harrel was rightfully homes, but it benefits our flagging housing in- influential television show called Black Per- awarded at the 35th anniversary of the Big dustry and the millions of jobs throughout this spectives on the News on WHYY public tele- Thicket National Preserve in October. The sector whether it is real estate, construction, vision. Second District of Texas commends Professor or the building supply chain. In 1975, Acel Moore and 43 other newsmen Harrel for his dedication to improving and pre- As a Member of the House Committee on and women met in Washington to launch the serving this dense wilderness area. Ways and Means, I am also proud that this bill National Association of Black Journalists. f expands the carryback of net operating losses NABJ soon spawned a Philadelphia chapter, that was included in the American Recovery and many more local chapters. EARMARK DECLARATION and Reinvestment Act. The Net Operating A quarter century later, Acel Moore re- Loss provisions in this bill will help many busi- flected, ‘‘If I had said in 1975 . . . that I HON. DON YOUNG nesses offset past losses and reduce their tax thought NABJ would have the impact and im- OF ALASKA liability. Many American businesses are con- port it has today, I’d be lying. There was a IN THE HOUSE OF REPRESENTATIVES tinuing to struggle in the face of our sluggish feeling among some people that signing their Friday, November 6, 2009 economy. The Five-Year Carryback of Net Op- name on the list [to form NABJ] was a risk, erating Losses results in more capital for that there would be a retaliation for doing Mr. YOUNG of Alaska. Madam Speaker, these businesses, allowing them to get that.’’ pursuant to the Republican Leadership stand- healthy, contribute to the growth of our econ- NABJ soon spawned a Philadelphia chapter, ards on earmarks, I am submitting the fol- omy, and create more jobs. and many more local chapters. It was an ad- lowing information regarding earmarks I re- I applaud the Senate for sending this timely vocacy group, an employment agency, a civil ceived as part of H.R. 2996, the Interior, Envi- bill back to the House for a vote, as we move rights crusader. Now NABJ has 3,300 mem- ronment, and Related Agencies Appropriations forward on growing our economy and creating bers. It has provided the example for minority bill. jobs for Americans. I support the Senate journalism organizations of Hispanics, Native Project Name: Water and Sewer Improve- amendment to H.R. 3548, and I urge my col- Americans, Asian Americans, lesbians and ments, Kodiak, AK leagues to join me in voting in favor of it. gays, significantly increasing the diversity of Bill Number: H.R. 2996 Title II Environ- our newsrooms, networks and the communica- mental Protection Agency f tions executive ranks. This is no small feat, Legal name and address of entity receiving and it is a tremendous service to the profes- earmark: City of Kodiak, P.O. Box 1397, 710 RECOGNIZING THE DALLAS-FORT sion that Acel Moore loves: A newsroom or Mill Bay Rd., Kodiak, AK 99615 WORTH INTERNATIONAL AIRPORT newscast must reflect the audience and the Description of how the money will be spent community it serves or its credibility suffers. and why the use of federal taxpayer funding is Acel Moore had already achieved promi- justified: This project would replace aging HON. EDDIE BERNICE JOHNSON nence and impact by the time he and Inquirer sewer and waterlines in a residential area of OF TEXAS colleague Wendell Rawls began their inves- Kodiak, and enable the City to comply with the IN THE HOUSE OF REPRESENTATIVES tigation of abuse of inmates at Farview State Clean Water Act. Friday, November 6, 2009 Hospital. Their series led to awarding of the f 1977 Pulitzer Prize, journalism’s most impor- Ms. EDDIE BERNICE JOHNSON of Texas. tant award, for local investigative reporting— UNEMPLOYMENT COMPENSATION Madam Speaker, I am very privileged today to and to significant changes at the hospital EXTENSION ACT OF 2009 recognize the Dallas-Fort Worth International itself. Typically, Acel Moore was digging hard, Airport as one of the country’s leading green uncovering the truth and providing a voice for SPEECH OF power purchasers. Recently, the Environ- the voiceless. HON. BOB ETHERIDGE mental Protection Agency released a list of the I was honored to attend Acel Moore’s ‘‘re- top twenty local government organizations that OF NORTH CAROLINA tirement’’ party in December 2005 with 250 are green power purchasers in the United IN THE HOUSE OF REPRESENTATIVES colleagues, admirers, movers and shakers at States. Both the City of Dallas and the Dallas- the Moore College of Art. I put retirement in Thursday, November 5, 2009 Fort Worth International Airport were included quotes because Acel wasn’t truly retiring then, Mr. ETHERIDGE. Mr. Speaker, I rise in sup- in this listing. Impressively, the DFW Airport or in full retirement even today. He has taken port of the Senate Amendment to H.R. 3548. receives 18 percent of its total electricity from up the hobby of painting. But he has never This bill combines vital assistance to unem- green power purchases, and this is equivalent really stepped away from his day job—serving ployed Americans and includes measures to to removing 7,000 vehicles from the road or the Philadelphia community, its underprivi- help get our economy back on track. powering 5,000 homes annually. leged and voiceless, coaxing and grooming Despite some significant indicators that our Green power purchasing is important for a the next generation of communicators to con- economy is beginning to recover, far too many variety of reasons. The Dallas-Fort Worth tinue his life’s work. people are looking for work. In my state of International Airport uses large amounts of en- On the eve of this next great and greatly de- North Carolina, unemployment has risen to ergy, and green power purchases ensure that served honor, I urge my colleagues to join me 10.8 percent, with many counties experiencing this energy is generated from renewable rein congratulating and thanking a great Phila- rates above 15 percent. This bill will extend sources like solar, wind, geothermal, biomass, delphian, Acel Moore. unemployment insurance to provide critical as- and low-impact hydro. In turn, this leads to a f sistance for these Americans who are strug- reduction of green house gas emissions that will help to create a greener future for us all. PROFESSOR HARREL RECEIVES gling the most. Unemployment insurance AWARD would be extended for 14 additional weeks, While this is a very prestigious honor, it is with an extra six weeks for states like North important to note that this is one of numerous Carolina with unemployment levels over 8.5 distinctions that the airport has received in re- HON. TED POE percent. cent years. As the third busiest airport in the OF TEXAS Other provisions in this bill are critical to world, the Dallas-Fort Worth International Air- IN THE HOUSE OF REPRESENTATIVES creating new job opportunities and helping mil- port offers over 1,500 flights per day and Friday, November 6, 2009 lions of Americans keep the jobs they have. serves roughly 57 million passengers in a Mr. POE of Texas. Madam Speaker, I would This bill would extend the First-Time Home- year. Despite its busy nature, DFW was like to recognize Professor Richard Harrel of buyers Tax Credit through the end of April named the ‘‘Best Airport for Customer Service Lamar University. Professor Harrel is the re- 2010 and create a new credit of $6,500 for in North America’’ by an Airports Council Inter- cent recipient of the Maxine Johnston Distin- homeowners who have lived in their current national survey of passengers in 2006 and guished Service Award. The biology professor residence for at least five years. The housing 2007. received this award for more than four dec- industry has been hit hard during this reces- Madam Speaker, I am incredibly proud of ades of research, field studies and publica- sion, and creating an incentive for home- the accomplishments that the Dallas-Fort tions that benefited the Big Thicket region. buyers to rejoin the market can lessen the Worth International Airport has achieved, and Harrel is also one of the founding members of drag that this is creating on the economy as I encourage my colleagues to join me in cele- Clean Air and Water Inc., a Beaumont-based a whole. The extended homebuyer tax credit brating this airport as a leader among green environmental organization. not only helps put American families in new power purchasing organizations.

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K06NO8.009 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2738 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2009 COMMEMMORATING THE LIFE OF fied by the legislatures of 38 of the 50 states, IN HONOR OF MARDI WORMHOUDT KATHRYN BROPHY thereby becoming Amendment XXIV to the United States Constitution, pursuant to Ar- ticle V thereof, and reading as follows: HON. SAM FARR HON. ROSA L. DeLAURO ‘‘AMENDMENT XXIV OF CALIFORNIA OF CONNECTICUT ‘‘SECTION 1. The right of citizens of the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES United States to vote in any primary or Friday, November 6, 2009 Friday, November 6, 2009 other election for President or Vice Presi- dent, for electors for President or Vice Presi- Mr. FARR. Madam Speaker, I rise today, Ms. DELAURO. Madam Speaker, I rise to dent, or for Senator or Representative in with my colleague ANNA ESHOO to honor the commemorate the life and work of Kathryn Congress, shall not be denied or abridged by memory of a great woman and model citizen, Brophy, longtime Director of the School Lunch the United States or any State by reason of Mardi Wormhoudt. Mardi passed away Octo- Program for Boston’s public schools, who failure to pay any poll tax or other tax. ber 21, 2009 in her Santa Cruz home at the ‘‘SECTION 2. The Congress shall have power passed away at the age of 89 last month. to enforce this article by appropriate legisla- age of 72. Mardi was an influential politician, Kathryn Brophy’s passionate commitment to tion.’’ a loving mother and wife, and a dedicated the cause of fighting hunger and malnutrition SECTION 2. While the congress was still de- friend. was borne of personal experience. As the liberating on the poll tax amendment in Au- Mardi was born October 1, 1937 in Wis- daughter of a single mother from the age of gust of 1962, President John Fitzgerald Ken- consin. She graduated with honors from Cali- 10, Brophy, nee Kathryn Nagle, spent her nedy urged the United States House of Rep- fornia State University at Los Angeles in 1967. resentatives to follow the lead of the Senate During the late 1960’s and early 1970’s, Mardi formative years during the Depression as one and propose the amendment for the consider- of the very same vulnerable and often hungry ation of the state legislatures ‘‘. . . to fi- worked as a caseworker for the Los Angeles children she would spend her life’s work aid- nally eliminate this outmoded and arbitrary Department of Social Services, as well as a ing. But, in part thanks to her mother’s strong bar to voting. American citizens should not project director for the Martin Luther King Cen- emphasis on education—Mrs. Brophy would have to pay to vote.’’ And in witnessing the ter in Pasadena. During this time, Mardi and go on to graduate from Framingham State issuance of Amendment XXIV’s certificate of her husband Ken, the love of her life, started Teacher’s College in 1941, and study dietetics validity 17 months later, Kennedy’s suc- a family with the birth of their children: cessor, President Johnson, noted that abol- for a year at Duke. Zachary, Jonathon, Jacob and Lisa. ishing the tax requirement ‘‘ . . . reaffirmed In the mid 1970’s, Mardi moved her family From her years as a dietician for the U.S. the simple but unbreakable theme of this Re- Army during World War II, where she public. Nothing is so valuable as liberty, and to Santa Cruz and by 1981 she was an elect- achieved the rank of captain, to her retirement nothing is so necessary to liberty as the free- ed official. She was soon Santa Cruz County’s from the Boston school system in 1988, Mrs. dom to vote without bans or barriers. . . . A leading female official. She is best known for Brophy subsequently spent a lifetime of serv- change in our Constitution is a serious her time as Mayor when she helped lead ice in the cause of bettering nutrition. In Bos- event. . . . There can now be no one too poor Santa Cruz through the tragic Loma Prieta ton, she ultimately oversaw a program that fed to vote.’’ earthquake. We all remember the iconic image SECTION 3. Although Amendment XXIV has of her briefing President Bush, Representative over 30,000 children, and she made sure been the law of the land since 1964, some 13 fruits, vegetables, skim milk, and other healthy years following its effective date, it received Panetta, State Senator Mello, Assemblyman foods were made available to her charges. symbolic post-ratification in 1977 from the Farr against the backdrop of destruction along Aside from nutrition, Mrs. Brophy’s other General Assembly of the Commonwealth of Pacific Avenue. Mardi helped keep the spirits great passion in life was her two daughters, Virginia, as reflected in the Congressional of citizens high, and encouraged the city to Susan and Jane, whom she took years off to Record of March 28, 1977, which printed the unite in rebuilding efforts. In total, Mardi dedi- raise. She leaves them now, along with a sis- full text of Virginia’s post-ratification; 12 cated twenty-one years to public office. Mardi years after that, the amendment gained cere- ter, Jean Hannon, nine grandchildren, and two will also be forever remembered for her dedi- monial post-ratification in 1989 from the cation to women’s rights, environmental pro- great-grandchildren, as she goes to join her General Assembly of the State of North husband of 47 years, William Brophy, who Carolina, as reflected in the Congressional tection, and a firm belief in local economic passed in 1995. She is missed not only by her Record of June 6, 1989, which printed the full growth. Mardi was also an advocate for those family and the many nutrition advocates who text of North Carolina’s post-ratification; who were marginalized and overlooked. share her cause, but also by the thousands of and nearly 13 years after that, the amend- Mardi was constantly active in the commu- Boston schoolchildren who could learn better ment acquired its most recent post-ratifica- nity as a member of a plethora of groups, in- and live healthier thanks to her decades of tion in 2002 from the Legislature of the State cluding: The Santa Cruz City School District of Alabama, as reflected in the Congressional public service. and the Santa Cruz AIDS project. She also re- Record of September 26, 2002, which printed ceived a vast stable of awards, including: The f the full text of Alabama’s post-ratification. SECTION 4. The Legislature of the State of People’s Democratic Club Woman of the Year TEXAS HOUSE JOINT Texas—one of only five states still levying a 1988 and the 1991 nomination by then As- RESOLUTION 39 poll tax by 1964—has never approved Amend- semblyman Sam Farr for The California State ment XXIV to the Constitution of the United Assembly Woman of the Year. Those who HON. AL GREEN States, but precedent makes clear the oppor- were close friends of Mardi will especially re- tunity of Texas to post-ratify the amend- OF TEXAS member her for her veracity, playful humor, ment in a manner similar to the actions of hard-working personality, loyalty, and devotion IN THE HOUSE OF REPRESENTATIVES lawmakers in Alabama, North Carolina, and to family. Friday, November 6, 2009 Virginia. SECTION 5. The Legislature of the State of Madam Speaker, we know as co-represent- Mr. AL GREEN of Texas. Madam Speaker, Texas, as a symbolic gesture, hereby post- atives of Santa Cruz County that we speak for at the request of the Secretary of State of the ratifies Amendment XXIV to the Constitu- the entire House when we extend our deepest State of Texas, I submit House Joint Resolu- tion of the United States. sympathies to her family, and our deepest ap- tion 39, as passed by the 81st Legislature, SECTION 6. Pursuant to Public Law No. 98– preciation for the work she did to make her Regular Session, 2009, of the State of Texas. 497, the Texas secretary of state shall notify community and the world a better place. the archivist of the United States of the ac- A JOINT RESOLUTION tion of the 81st Legislature of the State of f Be it resolved by the Legislature of the State Texas, Regular Session, 2009, by forwarding RECOGNIZING 110TH ANNIVERSARY of Texas: to the archivist an official copy of this reso- SECTION 1. The 87th Congress of the United lution. OF THE BRONX ZOO States, on August 27, 1962, in the form of SECTION 7. The Texas secretary of state Senate Joint Resolution No. 29, proposed to shall also forward official copies of this reso- HON. ANNA G. ESHOO the legislatures of the several states an lution to both United States senators from OF CALIFORNIA amendment to the Constitution of the Texas, to all United States representatives United States, and by a proclamation dated from Texas, to the vice president of the IN THE HOUSE OF REPRESENTATIVES February 4, 1964, published at 29 Federal Reg- United States in his capacity as presiding of- Friday, November 6, 2009 ister 1715–16 and at 78 Statutes at Large 1117– ficer of the United States Senate, and to the 18, the Administrator of General Services, speaker of the United States House of Rep- Ms. ESHOO. Madam Speaker, I rise today Bernard L. Boutin—in the presence of native resentatives, with the request that this reso- to recognize the 110th anniversary of the Texan, President Lyndon Baines Johnson— lution be printed in full in the Congressional Bronx Zoo, a milestone in the cultural history declared the amendment to have been rati- Record. of New York City. The Bronx Zoo opened its

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Chief among Evashevski was able to compile a 52–27–4 age of 90. He recently celebrated his 91 birth- them is the Congo Gorilla Forest which is one record during his 9 years as Iowa’s head day and after a lilfetime of community service of the zoo’s most popular exhibits. Spanning coach. The team was also selected as the he is finally taking some time to slow down. more than 6 and a half acres, the exhibit’s 1959 National Champions by the Football The Woodlands truly benefited from his relo- main attraction is the western lowland gorillas, Writers Association of America. cation to our community, and as he gets ready making up the species’ largest breeding group After concluding his coaching career in to move, we regret that we will lose a great in all of the Americas. The Gorilla Forest is the 1960, Coach Evashevski accepted the position community servant and true friend. largest manmade rainforest in the world. The of Iowa’s Athletic Director. He held this post Madam Speaker, it is an honor to recognize rain forest simulation gives visitors the chance until 1970. Coach Evashevski’s no-nonsense Mr. Williams and his countless contributions to to experience the Congo as if they were there. work ethic and innovative play calling gar- the people of The Woodlands. I urge you to Along with the lowland gorillas, the exhibit is nered him the National College Football join me in recognizing Bob Williams for his home to white bearded debrazza monkeys, Coach of the Year from 1956 through 1958 many years of service, even after the age of okapis and red river hogs. Since the opening and again in 1960. He was accepted into the 90. of the exhibit, it has had 7 million visitors. The National Football Foundation College Football f exhibit fees go to help conservation efforts in Hall of Fame in 2000. Africa which have helped 18 National Parks in Forest Evashevski passed away on October PERSONAL EXPLANATION such countries as Cameroon, The Democratic 30, 2009. The years of service as the Head Republic of the Congo, Rwanda, and Gabon. Football Coach for the University of Iowa will HON. BILL SHUSTER From the zoo grounds, hundreds of con- not be forgotten by the ‘‘Hawkeye Nation.’’ OF PENNSYLVANIA servationists work every day hand-in-hand f IN THE HOUSE OF REPRESENTATIVES with more than 3,000 employees located in 65 developing countries around the world. The HONORING ROBERT ‘‘BOB’’ Friday, November 6, 2009 zoo’s first conservation achievement was here WILLIAMS Mr. SHUSTER. Madam Speaker, on rollcall in the United States of America, where, by No. 858, H. Res. 868, I was not present be- 1905, uncontrolled hunting had reduced the HON. KEVIN BRADY cause the vote was called unexpectedly when great herds of bison to fewer than 1,000 ani- OF TEXAS myself and other Republican members were mals. Theodore Roosevelt, along with William IN THE HOUSE OF REPRESENTATIVES attending the House Call rally. Had I been Hornaday, the Bronx Zoo’s first director, were present, I would have voted ‘‘yea’’ on No. 858. Friday, November 6, 2009 founding members of the American Bison So- f ciety (ABS), an organization formed at the Mr. BRADY of Texas. Madam Speaker, I Bronx Zoo to preserve this icon of the Amer- would like to honor Mr. Robert ‘‘Bob’’ Williams, HONORING THE TEXAS MARINES ican prairies. In 1907, the Bronx Zoo sent a a long-time resident of The Woodlands, MEDAL OF HONOR MONUMENT IN group of zoo-born bison to Oklahoma, South Texas, and a dear friend. The Woodlands was THE WOODLANDS, TEXAS Dakota and Montana to help re-establish the lucky enough to gain Mr. Williams as a resi- species throughout the plains. Along with its dent when he moved from Chicago after being HON. KEVIN BRADY broad conservation efforts, the Bronx Zoo’s director of the Chicago YMCA for 25 years. It OF TEXAS award-winning exhibits and pioneering re- wasn’t long after Mr. Williams came to The IN THE HOUSE OF REPRESENTATIVES search has garnered world recognition. Woodlands, that he helped establish the first Friday, November 6, 2009 In the Bronx, the zoo’s impact is felt in yet YMCA. another way. In addition to being a cultural Among Mr. Williams’ firsts in The Wood- Mr. BRADY of Texas. Madam Speaker, I staple and headquarters for an international lands are that he was a founding member of rise today to honor the Texas Marines Medal conservation organization, it is an economic the Woodlands Community Presbyterian of Honor Monument in The Woodlands, cornerstone in the Bronx. On average, the Church and one of the original Hometown He- Texas. Marines Thomas R. Early, Burt Ca- Bronx Zoo employs more than 750 full-time roes of The Woodlands—he was awarded this banas, Jim O’Connor and Bill Leigh were in- staff per year and is the largest employer of honor because of his commitment to the com- strumental in bringing the monument to The youth in the borough, providing employment munity. Mr. Williams is an Eagle Scout, World Woodlands. It is truly inspirational to know that opportunities, job skills training, and scholar- War II veteran, and lifelong Kiwanis Club this monument is now in existence due to the ship opportunities for more than 700 teen- member. determination of these local Marines who agers each year. Two years ago, the Bronx Mr. Williams has been very active in the brainstormed this one of a kind monument as Zoo opened the first New York City public Kiwanis Club in The Woodlands from the be- a fitting tribute to all Texas Marines. school focused on wildlife conservation. At the ginning. He founded The Woodlands’ first The monument was dedicated on May 25, school, children can learn math, sciences, his- Kiwanis Club and has served the club and the 2007, at Town Green Park to pay tribute to tory, and arts by interacting with the zoo’s ani- community for 53 years as a highly distin- seventeen Texans awarded the Medal of mals and experts. guished member. Mr. Williams has directed Honor, the highest military decoration awarded Madam Speaker, it is my honor to recognize The Woodlands’ Kiwanis Prayer Breakfast for by the United States government. It stands to the Bronx Zoo on its 110th Anniversary and to 18 years. He also helped charter the Kiwanis pay reverence to these men including five Ma- applaud the institution for its efforts in leading Key Clubs in four Woodlands High Schools to rines from World War II, four Marines and one the world in wildlife conservation as well as teach our young students how important it is Navy Corpsman from the Korean War, and bringing joy to the millions of visitors who have to serve your community. His life was a direct seven Marines from the Vietnam War. walked through its gates. example for those students because they saw One can hardly pass the Texas Marines f him serving others tirelessly—and well past re- Medal of Honor Monument without feeling an HONORING FORMER IOWA FOOT- tirement. overwhelming sense of appreciation for the BALL COACH FOREST Mr. Williams has a heart for youth and spent sacrifice of these brave patriots as you stand EVASHEVSKI his life encouraging them— through Kiwanis before the monument and read the seventeen Key Clubs, Special Olympics, and the YMCA. names engraved in gold. HON. DAVID LOEBSACK He is a great role model, mentor and undoubt- The Marines honored are as follows: edly has impacted countless lives, young and SSGT William James Bordelon, 22, San An- OF IOWA old. tonio; PFC Charles Howard Roan, 21, Claude; IN THE HOUSE OF REPRESENTATIVES At age 85, he traveled to Haiti to represent 1st LT Jack Lummus, 29, Ennis; SGT William Friday, November 6, 2009 Kiwanis International to work on Iodine Defi- George Harrell, 22, Rio Grande City; 1st LT Mr. LOEBSACK. Madam Speaker, today I ciency. And on his 90th birthday, he even held William Deane Hawkins, 29, El Paso; 1st LT would like to honor the life of former Iowa a food drive for Interfaith of The Woodlands, Frank Nicias Mitchell, 29, Indian Gap; SSGT

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.015 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2740 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2009 Ambrosio Guillen, 23, El Paso; PFC Whitt CONGRATULATING LIEUTENANT She is involved in many local organizations, Lloyd Moreland, 21, Waco; 2nd LT George GENERAL TERRY L. GABRESKI never hesitating to take on another responsi- Herman O’Brien, Jr., 26, Fort Worth; ON OCCASION OF HER RETIRE- bility or to wear another hat if she thought it Hospitalman John Edward Kilmer, 21, Hous- MENT would help. She is a founding member of the ton; PFC Alfred Mac Wilson, 21, Abilene; Macomb County Child Abuse and Neglect In- LCPL Thomas Elbert Creek, 18, Amarillo; SGT HON. STEVE AUSTRIA formation Council. She was asked to serve on Alfredo (Freddy) Gonzalez, 21, Edinburg; OF OHIO the Community Mental Health Board, the advi- LCPL Richard Allen Anderson, 21, Houston; IN THE HOUSE OF REPRESENTATIVES sory boards of the Community Assessment PFC Oscar Palmer Austin, 21, Nacogdoches; Referral Education (CARE) Agency and the 2nd LT Terrence Collinson Graves, 22, Cor- Friday, November 6, 2009 Retired Senior Volunteer Program. She is also pus Christi; LCPL Miguel Keith, 18, San Anto- Mr. AUSTRIA. Madam Speaker, I rise today the past president of the Fraser Goodfellows. nio to congratulate Lieutenant General Terry L. Protecting the environment is one Jan Wil- On top of this monument stands a sculpture Gabreski, for her outstanding service to our son’s many civic passions. Governor Jennifer of the Marine Corps official emblem—the Nation on the occasion of her retirement. Granholm appointed her to Michigan’s Air Pol- eagle, globe and anchor. The eagle with On behalf of the people of Ohio’s Seventh lution Control Commission and she also spread wings resting on top of the world re- Congressional District, I am honored to con- served on the Southeast Michigan Council of minds us what our Marines do for us—they gratulate Lieutenant General Gabreski upon Government’s (SEMCOG) Council on Environ- protect us at all costs. her retirement as Vice Commander of the Air mental Quality. Governor Granholm also ap- Force Material Command at Wright Patterson pointed her to the Michigan Commission on I hope that as families use Town Green Air Force Base. Services to the Aging. All of Jan Wilson’s Park in the future, they look upon the monu- Her dedicated service to the citizens of our achievements have been recognized over the ment with pride and honor these brave sol- Nation and our area is both admirable and years as she has been recognized as the diers by reflecting on all those serving in our commendable. Gabreski received her commis- WWJ Citizen of the Week, the Handicapped Armed Forces. Parents will impress upon their sion in 1974 upon her graduation from officer Professional Woman of the Year, and Volun- children the great honor bestowed on these training school. Since that time, she has teer of the Year. great individuals from the Lone Star State and served as director of maintenance for the dep- Madam Speaker, I ask my colleagues to join tell them how admirable it is that these men uty chief of staff for installations and logistics me in recognizing the dedicated public service have sacrificed much to allow us all to freely at Headquarters, U.S. Air Force. of Jan Wilson and her numerous achieve- walk, worship and live in America. Over the course of her distinguished career, ments on behalf of children, families and her Madam Speaker, it is an honor to recognize she has also directed two aircraft maintenance community. I am so pleased to join with the the Texas Marines Medal of Honor Monument units, served as a squadron maintenance su- entire community in paying tribute to her in the U.S. House of Representatives. I urge pervisor in three units, commanded three achievements, thanking her for years of tal- you to join me in remembering these seven- maintenance squadrons and a logistics group, ented service and for being such a good friend teen Texans who received the Medal of Honor and twice served as a major air command di- to so many of us. I am confident she will con- as well as all of our Marines and other serv- rector of logistics. Lieutenant General tinue to play an important role in the commu- icemen and servicewomen for the sacrifices Gabreski will be retiring effective January 1, nity where she is highly thought of, in addition they have made for the people of the United 2010. to enjoying a bit of retirement with her hus- States of America. For her many years of service to our Nation, band and their four grandchildren. I join the people of Ohio’s Seventh Congres- f sional District in extending our best wishes f upon her retirement and wish her ongoing EARMARK DECLARATION PERSONAL EXPLANATION success in all future endeavors. f HON. BILL SHUSTER HON. JOHN A. YARMUTH TRIBUTE TO JANICE WILSON OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES OF KENTUCKY HON. SANDER M. LEVIN Friday, November 6, 2009 IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN Mr. SHUSTER. Madam Speaker, consistent IN THE HOUSE OF REPRESENTATIVES Friday, November 6, 2009 with the Republican Leadership’s policy on Friday, November 6, 2009 Mr. YARMUTH. Madam Speaker, I was un- earmarks, I submit this statement. able to cast the recorded vote for rollcall 848. Mr. LEVIN. Madam Speaker, I rise today to Requesting Member: Congressman BILL Had I been present I would have voted ‘‘yes’’ recognize my friend and colleague in public SHUSTER (PA–9) for this measure. service, Janice Wilson of Fraser, Michigan, as Bill Number: H.R. 2997—Department of the she retires after 26 years of devoted and tal- Interior, Environment, and Related Agencies Bill H.R. 3639, Sutton of Ohio Amendment ented service on the City Council. I deeply Appropriations Act, FY 2010 No. 4, On Agreeing to the Amendment, rollcall enjoy working with Jan as she is a warm and Interior, Environment, and Related Agencies No. 848, ‘‘yes.’’ passionate advocate for many important Projects causes. Project Name: Flight 93 National Memorial f Jan Wilson earned a bachelor’s degree from Account: National Park Service, Construc- Ball State University and received a master’s tion PERSONAL EXPLANATION degree from Wayne State University, where Legal Name of Requesting Entity: National she later went on to become an instructor. In Park Service 1958, Jan Wilson began working on behalf of Address of Requesting Entity: 109 West HON. LYNN C. WOOLSEY children with disabilities and their families at Main Street, Suite 104, Somerset, PA 15501 OF CALIFORNIA the Macomb Intermediate School District and Description of Request/Justification of Fed- IN THE HOUSE OF REPRESENTATIVES she continued in this capacity until 2000. eral Funding: $725,000 for Flight 93 National In 1962, Jan and her husband Bob moved Memorial Friday, November 6, 2009 to the City of Fraser, where they have become It is my understanding that funding for this an important part of this wonderful community. project would be used for infrastructure costs Ms. WOOLSEY. Madam Speaker, on No- She has served her community in many ca- at the Flight 93 National Memorial in Somerset vember 5, 2009, I was unavoidably detained pacities including as a member of the Recre- County, Pennsylvania. and was unable to record my vote for rollcall ation Commission and the Zoning Board of This project is a valuable use of taxpayer No. 864. Had I been present I would have Appeals. She was elected to the Fraser City funds because the Flight 93 National Memorial voted: Council in 1983, and during her tenure, served honors the men and women who gave their Rollcall No. 864: ‘‘aye’’—Expressing support 4 terms as Mayor Pro-tem. lives in the first counterattack of the Global for the goals and ideals of National Family Lit- Advocacy and devotion to helping people War on Terror to defend the Nation’s Capitol eracy Day. are the cornerstones of Jan Wilson’s career. on September 11, 2001.

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A06NO8.019 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 6, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2741 SALUTING JANA FRY OF WIL- Force Academy on their 50th graduation anni- experienced leaders is largely responsible for LIAMS HIGH SCHOOL OF PLANO versary and recognizing their contributions to the Commissions’ ability to leverage meaning- the Nation; ful change. HON. SAM JOHNSON 6. H.R. 1849—World War I Memorial and Madam Speaker, over the course of 35 OF TEXAS Centennial Act of 2009; years, the Marin Women’s Commission, IN THE HOUSE OF REPRESENTATIVES 7. H.R. 3276—American Medical Isotopes through its strategic partnerships, dedicated advocacy and comprehensive research, has Friday, November 6, 2009 Production Act of 2009; 8. H. Res. 878—Expressing support for the made indelible change. Congratulations on Mr. SAM JOHNSON of Texas. Madam goals and ideals of National Family Literacy three decades of leadership toward enhancing Speaker, I’d like to recognize Jana Fry for win- Day; the quality of life for all Marin County women ning the Outstanding Teaching of the Human- And I would have voted ‘‘aye’’ on H. Res. and girls. ities Award 2008–2009. She teaches at Wil- 880—Recognizing the efforts of career and f liams High School in Plano, where she lives. technical colleges to educate and train work- Jana stands head and shoulders above her INTRODUCTION OF THE ‘‘HONEST ers for positions in high-demand industries. OPPORTUNITY PROBATION WITH peers for her role as an outstanding human- f ities teacher making a difference in the lives of ENFORCEMENT (HOPE) INITIA- young Texans. HONORING THE MARIN WOMEN’S TIVE ACT OF 2009’’ The Outstanding Teaching of the Human- COMMISSION ities Awards recognize 11 exemplary K–12 hu- HON. ADAM B. SCHIFF manities teachers. Humanities Texas, formerly HON. LYNN C. WOOLSEY OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES the Texas Council for the Humanities, is the OF CALIFORNIA state affiliate of the National Endowment for IN THE HOUSE OF REPRESENTATIVES Friday, November 6, 2009 the Humanities. Humanities Texas conducts Friday, November 6, 2009 Mr. SCHIFF. Madam Speaker, I rise today and supports public programs in history, lit- to introduce the ‘‘Honest Opportunity Proba- erature, philosophy, and other humanities dis- Ms. WOOLSEY. Madam Speaker, it is with tion with Enforcement (HOPE) Initiative Act of ciplines. These programs strengthen Texas great pleasure that I rise today to recognize 2009’’ with my colleague Representative TED communities and ultimately help sustain rep- the Marin Women’s Commission for their tire- POE of Texas. This bipartisan legislation would resentative democracy by cultivating informed, less efforts to help Marin County’s women and build upon an innovative and promising ap- educated citizens. girls achieve parity. Congratulations to the proach to reduce drug use and crime. During her 20 years of teaching, Jana has Marin Women’s Commission as it celebrates Offenders convicted of many drug, low-level won many accolades and awards for her serv- this milestone of more than three decades of property, and public-order offenses are rarely ice both in and out of the classroom. She has service to Marin County. given straight jail time; in most jurisdictions taught sixth through tenth grades with classes Through its leadership, the Marin Women’s they are placed on probation. Rather than ranging from sheltered/at-risk to gifted and tal- Commission has raised awareness of the im- consistently sanctioning probation violations— ented and anything in between. She summa- portance and prominence of issues facing illegal drug use, missing probation appoint- rizes her teaching philosophy as such: Stu- women and girls in Marin County and beyond. ments, treatment and drug tests—too often dents should always be participants in their As a result of their devoted efforts, the needs these actions are ignored. When punishment learning process, engaged in that process, re- of women of all ages are being studied, heard, for repeated violations is finally meted out, it flecting and evaluating of that process and communicated and addressed. tends to come in the form of lengthy and cost- emotionally attached to their learning. Teach- The Marin Women’s Commission was cre- ly terms of incarceration. ers are the facilitators of learning who orches- ated in April 1974 in response to an investiga- In 2004, Judge Steven Alm of Hawaii trate varied learning experiences that attempt tion under the Kennedy Administration that re- launched a pilot program to reduce probation to meet each student where they are and then vealed that a staggering number of laws, regu- violations by offenders at high risk of recidi- challenge them further. lations and traditions actively discriminated vism. This intensified supervision program, I ask my colleagues to join me in recog- against women. Notably, the Marin Women’s called Hawaii’s Opportunity Probation with En- nizing Jana for her selfless contributions to Commission is the second County Commis- forcement, HOPE, uses the threat of short jail make Texas and America a better place by sion established in the State of California in stays as an incentive for compliance. Defend- pouring into our young people. Please join me 1974. ants are clearly warned that if they violate the in congratulating Jana on a magnificent In 2003–2004, the Marin Women’s Commis- rules, they go to jail. Participants receive swift achievement and wishing her all the best with sion established a strategic vision to address and immediate sanctions for each violation, her future endeavors. four target categories as they relate to women: such as testing dirty for drugs or missing ap- equity, policy, leadership and access to re- pointments with a probation officer. f For example, under the Hawaii program, sources. PERSONAL EXPLANATION random drug testing occurs at least once a The commission works with local govern- week for the first 2 months of supervision. If HON. LINDA T. SA´ NCHEZ ment to develop more effective ways to ad- probationers test positive, they are arrested dress salary inequity concerns, supports immediately. If they fail to appear for the test OF CALIFORNIA CEDAW and other international violence IN THE HOUSE OF REPRESENTATIVES or violate other terms of probation, warrants against women legislation, facilitates annual for their arrest are issued immediately. Once Friday, November 6, 2009 ‘‘Women Leading Community Change’’ sum- arrested or apprehended, a probation modi- Ms. LINDA T. SA´ NCHEZ of California. mits and develops needs assessments for fication hearing is held 2 days later, and viola- Madam Speaker, due to illness, I was unable women and girls. The 1983 Women’s Needs tors typically receive a short jail term. Sanc- to be present in the Capitol for votes on Assessment helped establish the Family and tions typically start at a few days of jail time, Thursday, November 5, 2009. However, had I Children’s Law Center. served on weekends for employed proba- been present I would have voted ‘‘yea’’ on: The 17 Marin Women’s Commissioners rep- tioners, for the first violation and increased 1. Motion on Ordering the Previous Ques- resent all five Marin County Districts, and the thereafter, eventually escalating to periods of tion on the Rule for H.R. 2868—Chemical Fa- Commission also boasts strong, strategic part- months. Offenders who cannot comply are re- cility Anti-Terrorism Act of 2009; nerships. Such partnerships, with Dominican quired to attend high-quality, out-patient or 2. H. Res. 885—Rule providing for consider- University, the Marin Chapter of National Or- residential treatment. Those who can comply ation of H.R. 2868—Chemical Facility Anti- ganization for Women, the YWCA, the Amer- are rewarded with less frequent testing and Terrorism Act of 2009; ican Association of University Women, and monitoring. 3. H. Res. 868—Honoring and recognizing Marin General Hospital’s Breast Cancer Cen- Preliminary evaluations show that HOPE the service and achievements of current and ter, laid the foundation for an abused women’s probationers have significantly improved out- former female members of the Armed Forces; shelter, which later became Marin Abused comes compared with probationers assigned 4. Senate Amendments to H.R. 3548—Un- Women’s Services, the creation of the Marin to probation-as-usual in terms of drug use, employment Compensation Extension Act of Women’s Hall of Fame, and other programs. missed probation appointments, new arrests, 2009; In the years since its inception, more than and probation revocations. The HOPE pro- 5. H. Con. Res. 139—Congratulating the 300 commissioners have been appointed. The gram has been cited by figures across the po- first graduating class of the United States Air enthusiasm and passion exhibited by these litical spectrum and has been featured in

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.025 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2742 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2009 scholarly articles as well as the Wall Street Ron could have chosen to live comfortably Medical Support Equipment Branch at the De- Journal, Forbes, the Los Angeles Times, and with the revenue he generated from those en- partment of Defense Medical Standardization other periodicals. deavors. Instead, he committed his life to Board in Frederick, Maryland. Following these The ‘‘Honest Opportunity Probation with En- charitable contributions and civic involvement. tours she returned to Florida and served as forcement, HOPE, Initiative Act of 2009’’ Ron served in various capacities on the Nor- the Head of the Materials Management De- would create a competitive grant demonstra- wich Community Development Corporation, partment at Naval Hospital Jacksonville in tion program to award grants to state and Norwich Harbor Management Commission, In- Jacksonville, Florida. Afterwards, she com- local courts to establish probation programs to tegrated Day Charter School Foundation, pleted a third tour of duty in Maryland as the reduce drug use, crime, and recidivism by re- State of CT Harbor Management Association, Program Manager of the Medical Support Di- quiring swift, predictable, and graduated sanc- Norwich Area Chamber of Commerce, and rectorate at the Naval Medical Logistics Com- tions for noncompliance with the conditions of Eastern CT Chamber of Commerce. Addition- mand in Frederick, Maryland. probation; $25 million is authorized for up to ally, Ron has been the recipient of numerous While serving as the Special Assistant to 20 pilot sites. Stringent grantee requirements awards over the years including the 1988 Nor- the Director of Administration, she earned a will ensure that the pilots are designed and wich Citizen of the Year, 1988 UCONN Alumni mid-tour assignment as the Logistics Officer evaluated in an appropriate manner. The key Distinguished Citizen, 2000 Connecticut Busi- for the Surgeon General of the Multi-National facets of each pilot program include the fol- ness Ethics Awards, and the 2001 Merit Forces-Iraq in Baghdad, Iraq. She culminated lowing: Award for Public Education Eastern Con- her last year of service as the Assistant De- Monitoring selected probationers for rules necticut EMS Council. I am honored to pay partment Head of the Human Resources Man- violations, particularly using regular and rapid- tribute to Ronald Aliano, whose presence will agement Department. result drug tests. always be felt in Norwich. His dedication to Her personal decorations include the Joint Responding to violations of such rules with the community continues to be an inspiration Meritorious Service Medal, Navy Commenda- immediate arrest and swift and certain modi- to myself and the residents of eastern Con- tion Medal with two gold stars, Navy and Ma- fication of the conditions of probation, includ- necticut. I offer my sympathy to his friends rine Corps Achievement Medal, Joint Meri- ing imposition of short jail stays, which may and family, and I ask my colleagues to join me torious Unit Award, Meritorious Unit Com- gradually become longer with each additional in honoring the life and service of Ronald mendation, National Defense Medal with violation. Aliano. Bronze Star, Iraqi Campaign Medal, Global Partnering with an independent program ad- f War on Terrorism Service Medal, and the visor and evaluator and conduct a comparison Overseas Service Ribbon. of the outcomes between program participants ON THE OCCASION OF LIEUTEN- Lieutenant Commander Woodley is honored and similarly-situated probationers not in the ANT COMMANDER PIA S. to be the wife of Anthony Ray Woodley and program, e.g. positive drug test rates, proba- WOODLEY’S RETIREMENT FROM the mother of Xavier Alan Woodley. She is the tion and substance abuse treatment appear- THE UNITED STATES NAVY sister of Otis Alan Boston and Brandy Othea ance rates, probation term modifications, rev- Sermon Boston and childhood friend of Sara ocations, arrests, etc. HON. KENDRICK B. MEEK Bellamy. And we thank her family for the Calculating the amount of cost savings re- OF FLORIDA strength and support they have provided here sulting from the reduced incarceration rates IN THE HOUSE OF REPRESENTATIVES as she has provided the same for this Nation. achieved through the program and deter- Friday, November 6, 2009 f mining how much can be reinvested for expansion of the program. Mr. MEEK of Florida. Madam Speaker, I SUPPORTING AND ENCOURAGING I urge my colleagues to support this innova- would like to take this opportunity to recognize GREATER SUPPORT FOR VET- tive effort to address drug use and crime by LCDR Pia Sermonia Woodley for her 20 years ERANS DAY cosponsoring this important legislation. of service as a Medical Services Corps Officer SPEECH OF f as she retires on December 4. She has had a long and admirable career, worthy of distinc- HON. PHIL GINGREY HONORING THE LIFE AND SERVICE tion and worthy of our gratitude. OF GEORGIA OF RONALD ALIANO In the 20 years that Lieutenant Commander IN THE HOUSE OF REPRESENTATIVES Woodley served as a Medical Services Officer, HON. JOE COURTNEY she deployed in support of Operation Iraqi Monday, November 2, 2009 OF CONNECTICUT Freedom, has been awarded numerous Mr. GINGREY of Georgia. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES awards and citations, and served as the Spe- rise today in strong support of H. Res. 89, a cial Assistant to the Director of Administration resolution encouraging greater support for Vet- Friday, November 6, 2009 at the Naval Medical Center, Portsmouth. erans Day each year. Mr. COURTNEY. Madam Speaker, I rise LCDR Pia Sermonia Woodley is a native Today, I would like to take this opportunity today to celebrate the extraordinary life of Floridian born in Miami to Otis L. (deceased) to express my deep sense of gratitude to the Ronald Aliano of Norwich, Connecticut, who and Beatrice S. Boston. A product of the inner millions of veterans living throughout the passed away on October 31, 2009. city of Miami, she graduated from Miami Cen- United States. Since before the founding of Ron was an optimist who saw no barriers to tral Senior High School in 1984. She then at- this nation, our veterans have been on the achievement and believed that with hard work, tended Florida A&M University in Tallahassee, front lines defending our safety and our liberty. anything was possible. He loved the city of Florida where she obtained her bachelors of Their commitment to duty, honor, integrity, and Norwich, and pursued his vision to revitalize science degree in Healthcare Management self-sacrifice has not gone unnoticed, and I the city by insisting on quality development which in time led her to seek commissioning commend them for a lifetime of exemplary and improvements. When Ron became a Nor- in the U.S. Navy. She earned her direct com- leadership on and off the battlefield. wich resident in 1972, he founded Profes- mission as a Medical Services Corps Officer in Veterans’ organizations are one great exam- sional Ambulance Service of Norwich, Inc., 1989. ple of the commitment to service all of our now known as American Ambulance Service, She was first assigned to the National Naval men and women in uniform possess. These Inc., which provided excellent patient care for Medical Center in Bethesda, Maryland. As a organizations help create volunteer opportuni- the residents of eastern Connecticut. Division Officer in the Staff Education and ties for our nation’s troops when they retire Fourteen years later, Ron formed the Amer- Training Department, she worked as an In- from the armed services. Some of these in- ican Wharf Development Corporation. This or- structor, a job she thoroughly enjoyed. Her clude donating millions of man hours to the ganization was responsible for the develop- next tour of duty took her to the Far East at medical facilities of the Veterans Administra- ment of Hollyhock Island, a parcel of land at the Naval Hospital in Okinawa, Japan. There tion, sponsoring Boy Scouts of America troops the head of the Thames River, which is now she performed duties as a Division Officer in all around the country, and awarding millions a world-class boating facility. In 1996, he Materiels Management and then in Manpower. of dollars for college scholarships. These informed the American Professional Education Selected to attend graduate school, she credible volunteers give back to the very com- Services, which has become the largest Amer- earned a Masters of Science degree in Man- munities that they have already sacrificed so ican Heart Association training center in New agement from the Naval Postgraduate School much for throughout their careers. England and a well-respected medical training in Monterey, California. She applied her grad- Mr. Speaker, the veterans who have passed center. uate level skills to the Chief, Imaging and away before this Veterans Day must also be

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.028 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 6, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2743 recognized and graciously thanked for their life, Leonard was modestly quiet about his achievements of a true American hero that service. Our Nation has experienced many military accomplishments during World War II. fought for his country, served his community wars in a short history, but we have remained When presented with a resolution of accom- and made Roseville, Macomb County, the safe at home and abroad because of the val- plishment upon his retirement in December State of Michigan and the world a better iant effort of the members of our armed serv- 2008 at the age of 88, Leonard’s co-workers place. ices. The freedoms and liberty we espouse as on the county board were in awe to learn of I am honored to have walked with Leonard a democracy have and will continue to be his distinguished military career. Leonard during part of his incredible journey, and I ask under threat. However, our veterans and ac- Haggerty earned two Battle Stars in the Euro- my colleagues to join me in paying to tribute tive duty men and women are a testament to pean Theater as an Army infantryman; partici- to the truly remarkable life of Leonard the preservation of justice and our form of pated in intense fighting during the Battle of Haggerty. government. the Bulge; served with a detachment that liber- f The families of those who serve our country ated Dachau; and spent time as a personal UNEMPLOYMENT COMPENSATION on the front lines also deserve the admiration bodyguard for General George S. Patton. EXTENSION ACT OF 2009 and appreciation of each and every citizen. Leonard Haggerty began his long and suc- These family members often watch their loved cessful career in public service in 1958, when SPEECH OF ones travel to faraway lands in support of a he was appointed village commissioner of cause and an ideal so much greater than any Roseville. Once Roseville became a city later HON. MICHAEL E. CAPUANO one individual. The support given to our serv- that same year, he became a councilman. He OF MASSACHUSETTS ice men and women by their loved ones is ir- served in that capacity until 1975, when he IN THE HOUSE OF REPRESENTATIVES replaceable, as it is the foundation for the was elected mayor, a position he held until his Thursday, November 5, 2009 bravery inherent in those who labor steadfastly retirement in 1981. In 1998, Mr. Haggerty Mr. CAPUANO. Mr. Speaker, I rise today in in the defense of liberty. came out of retirement in Florida and returned strong support of H.R. 3548, the Worker, Let us also make certain that we remember to Michigan to represent District 21 on the Homeownership, and Business Assistance Act those individuals who are in harm’s way today Macomb County Board of Commissioners, of 2009. There are currently millions of work- in Iraq and Afghanistan. Operation Enduring where he served until last year. ers who are looking for a job, but through no Leonard Haggerty was the heart and soul of Freedom and Operation Iraqi Freedom are fault of their own are unable to find employ- the city of Roseville. He served his community successful because of the members of our ment. This bill would extend emergency unem- with such active devotion and became a men- armed services who are day in and day out ployment for an additional 20 weeks in high tor to numerous individuals who followed in his giving their best to keep America safe at home unemployment States like Massachusetts. In footsteps. So many have come forward to and abroad. They have also sacrificed to se- Massachusetts alone, the National Employ- highlight the impact Leonard had on their lives cure liberty and democracy for other nations ment Law Center estimates that 39,530 work- over the years, remembering his service, his and peoples who desire to be freed from polit- ers would be exhausting their benefits if not graciousness to everyone around him and ical oppression. Furthermore, let us not forgot for the additional assistance created by this crediting him with getting them involved in those who have paid the ultimate sacrifice, bill. I cosponsored this extension, and have public service or civic activity. and let us say a gracious thank you to them been a strong supporter of extended unem- for their willingness to make the ultimate sac- Leonard Haggerty was joyful, and anyone that has ever met him would comment about ployment compensation during economic re- rifice for liberty. cessions so that those most directly affected I believe that the brave men and women his smile, his dapper dress, and his truly kind by these difficult times are not left to fend for who sacrifice for our present freedoms de- and caring nature. He could tell a story and truly enjoyed the playful moments that made themselves. serve our fullest support. Our Nation’s service I also support extending the temporary up his persona. For example, in 2003, he fa- men and women represent the best our coun- homebuyer tax credit, which will help more mously came to the assistance of an elderly try has to offer, and they must be treated with Americans purchase homes. Congress first constituent who called him saying that she the respect and honor they deserve. As we passed this provision in July 2008 by creating was snowed in. Leonard, who described him- ask these courageous soldiers, sailors, air- a refundable tax credit for first-time home- self at the time as ‘‘831⁄2 years old,’’ arrived men, and marines—and their families—to do buyers. The credit served as an interest-free alone with a snow shovel in hand and cleared more and more, it’s only right we continue loan. In February, Congress extended the du- the 82-year-old woman’s sidewalk and drive- doing all we can for them. Recognizing Vet- ration of the credit and also waived the repay- way, including a 2-foot snow drift, in about an erans Day in 2009 is just one small reminder ment requirement. I supported the homebuyer hour. In 2004, Leonard made national news of the superior job our troops perform for tax credit on both occasions. America at home and abroad, and it is my when he faced a Republican challenger in the H.R. 3548 includes a provision to extend the hope that we will continue to do all we can fall election who was 92 years old. Leonard, homebuyer tax credit for 5 additional months and more for the members of our Armed jokingly ran on the slogan, ‘‘Vote for the kid.’’ and to raise the income cap so more families These stories and so many other warm and Forces. are eligible. In addition, the measure would inspirational memories were captured by fam- f provide a $6,500 tax credit for current home- ily members, friends and the Homily of Father owners buying a new residence who consecu- TRIBUTE TO LEONARD HAGGERTY Michael Donovan. tively live in their home for 5 years. I am a Leonard Haggerty was the beloved husband proud supporter of this reasonable extension of Jan, whom each and every one of us also HON. SANDER M. LEVIN of the homebuyer tax credit. calls a dear friend. Leonard and Jan were true OF MICHIGAN I urge my colleagues to pass this bill quickly partners in every sense of the word through IN THE HOUSE OF REPRESENTATIVES and clear it for the President. their family, their community and their careers Friday, November 6, 2009 in public service. Leonard was the loving fa- f Mr. LEVIN. Madam Speaker, I rise today to ther of Patricia (Joseph) Boris, Shirlee (Rob- A TRIBUTE TO JUDGE JOSEPH pay tribute to a true American hero, an exem- ert) Kipp, James (Kathy) Haggerty, Kelly WAPNER plary human being, find yet another wonderful (Roger) Gaines and the late Michael Haggerty example of the ‘‘Greatest Generation’’ and the and grandfather of eight grandchildren and 11 HON. HOWARD L. BERMAN story of our Nation. The life of Leonard great-grandchildren. OF CALIFORNIA Haggerty is filled with heroic moments, major The awards have been numerous over the IN THE HOUSE OF REPRESENTATIVES milestones, compelling stories and noteworthy course of Leonard’s career and in recent achievements. Leonard Haggerty was a friend years his colleagues have joined together to Friday, November 6, 2009 and colleague in public service and I am hon- enshrine his name on major achievements like Mr. BERMAN. Madam Speaker, I rise today ored to pay tribute to him on the floor of the the Leonard Haggerty Beautification Awards. to congratulate my good friend Judge Joseph U.S. House of Representatives. It will be his personal charisma and the way Wapner on the occasion of his 90th birthday. Leonard Haggerty was born June 23, 1920, in which he took time to make those around Judge Wapner is being honored by his many in Quebec, Canada. As a young man with two him feel good that will be remembered by colleagues, family, and friends in celebration children and another on the way, Leonard most. He will serve in the personal Hall of of his outstanding accomplishments, both in Haggerty was called into the service of his Fame of so many of us. For this institution of his distinguished legal and television career country during World War II. Throughout his Congress, it is important to recognize the and his tireless dedication to public service.

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.031 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2744 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2009 Judge Wapner is a lifelong resident of to create the St. Josaphat Parish in 1961 cent of those rated totally disabled by the Vet- southern California. After graduating from Hol- where he served as church council president. erans Administration are receiving Social Se- lywood High School, he earned his bachelors St. Josaphat continues to be a strong center curity Disability Insurance. The Commission degree from the University of Southern Cali- of activity for the Ukrainian American commu- further explained that ‘‘it is apparent that that fornia and his law degree from USC Law nity in southeast Michigan. either these veterans do not know to apply for School. He served in World War II and was Mr. Chupa served on the Warren City Coun- SSDI or are being denied the insurance.’’ The awarded the Purple Heart and Bronze Star for cil for 16 years. His colleagues describe him Veterans Disability Benefits Commission con- his tremendously courageous acts in that con- as ‘‘fair and good-hearted’’ and even those cluded that ‘‘increased outreach should be flict. who may have disagreed with him on a certain made and better coordination between VA and After being appointed by Governor Pat policy issue describe him as a ‘‘gentleman.’’ Social Security should result in increased mu- Brown to the LA Municipal Court where he Mr. Chupa cared about his community; he al- tual acceptance of decisions.’’ served for 2 years, he was elevated to the Los ways made it a priority to help people and to It is for these reasons that I first introduced Angeles Superior Court, where he served until advocate on behalf of local charities. I appre- the BRAVE Act, with broad bipartisan support, his retirement. During those years, Judge ciated his friendship and always enjoyed work- in the 110th Congress. The legislation was Wapner starred in the nationally syndicated ing with him and attending alongside him nu- supported by a range of veteran service orga- program, ‘‘The People’s Court’’ which made merous community events. nizations including the American Legion, the him a bona fide celebrity. Judge Wapner has Mike Chupa was a proud and supportive Iraq and Afghanistan Veterans of America, also recently appeared as a judge in a ‘‘Major parent. He and his wife Margaret have four and the Paralyzed Veterans of America. The League Baseball on Fox’’ pregame People’s children (Michael, Joseph, Jennifer and bill is all the more important at a time when Court parody segment called ‘‘The Player’s Jannen) who continue the tradition of involve- we face significant increases in Social Security Court.’’ He has starred, as well, in a number ment in their church and community. applications as a result of the aging baby of influential political spots. I am pleased to rise today and pay tribute boomer generation and as veterans of the Judge Wapner also is the author of two to the lifetime of service of Michael Chupa, wars in Iraq and Afghanistan come home. well-received significant books, A View from and ask my colleagues to join me in recog- Madam Speaker, our Nation’s veterans the Bench and Judge Wapner’s Guide to nizing his achievements. I extend my condo- don’t deserve a bureaucratic runaround when Small Claims Court. The latter tome is widely lences to his wife and family and join with the they return home. I hope my colleagues will used as a helpful tool to navigate the intrica- entire community in celebrating his life. join me in support of the BRAVE Act. cies of our legal system. f f With an impressive list of civic organizations in which he takes an active interest, Judge REINTRODUCING THE BRAVE ACT RECOGNITION OF NATIONAL TRUCK DRIVER APPRECIATION Wapner is a highly respected member of the WEEK community. He is a member of the Board of HON. JOHN P. SARBANES Trustees of Alternative Living for the Aging, OF MARYLAND and serves as honorary chairman of the Na- HON. NICK J. RAHALL II tional Jewish Hospice. He is also the recipient IN THE HOUSE OF REPRESENTATIVES OF WEST VIRGINIA of numerous honors and awards, including the Friday, November 6, 2009 IN THE HOUSE OF REPRESENTATIVES Golden Glow Award from Senior Health and Mr. SARBANES. Madam Speaker, I rise Friday, November 6, 2009 Peer Counseling and the Maimonides Award today to reintroduce the Benefit Rating Accel- from the Legal Services Division of the Jewish Mr. RAHALL. Madam Speaker, I rise today eration for Veterans Entitlements Act of 2009 Welfare Fund. to recognize the service, dedication, and sac- or BRAVE Act. The BRAVE Act will cut rifices of America’s professional truck drivers Judge Wapner and his wife, Mickey, have through unnecessary red tape so that our been longtime supporters of the Brandeis- who serve our Nation daily by delivering the most disabled veterans receive the benefits clothes we wear, the food we eat, and yes, Bardin Institute, and the construction of the they deserve. It would make a common sense Moelle Library and tennis and basketball even the medical prescriptions upon which change to allow veterans receiving a rating of many of us must rely. courts at the institute stand as symbols of their total disability from the Veterans Administra- generosity and leadership. This week, November 1–7, is designated tion to also receive Social Security disability National Truck Driver Appreciation Week and I ask my colleagues to join me in extending benefits without going through a separate and is set aside to honor the 3.5 million profes- birthday greetings to my dear friend, Judge duplicative medical evaluation process, a proc- sional truck drivers in the United States. One Joseph Wapner and in paying tribute to his ess that can take years to navigate. out of every fifteen people across this country dedication and outstanding contributions to our In early 2007, when I was first elected to is employed in the trucking industry, which is society. Congress, a veteran-constituent contacted my one of our Nation’s largest employers. f staff to obtain assistance with his application Truckers serve as the backbone of their infor social security disability benefits. This vet- TRIBUTE TO MICHAEL CHUPA dustry, which is responsible for a large portion eran had already received a 100 percent dis- of the total U.S. freight tonnage. Estimates ability rating from the Veterans Administration suggest that a majority of communities rely HON. SANDER M. LEVIN but had been waiting for more than a year to solely on the trucking industry for their goods OF MICHIGAN be approved for benefits at the Social Security and commodities. In turn, our economy not IN THE HOUSE OF REPRESENTATIVES Administration. only relies, but thrives, on the good work of The Social Security Act states that disability these men and women. Friday, November 6, 2009 means the ‘‘inability to engage in any substan- America’s truck drivers work to help keep Mr. LEVIN. Madam Speaker, I rise today to tial gainful activity by reason of any medically our highways safe. They follow stringent safe- pay tribute to the life of Michael Chupa, an ed- determinable physical or mental impairment.’’ ty regulations, attend frequent training pro- ucator, public servant, community leader, busi- By regulation, the Veterans Administration de- grams, and help educate the motoring public nessman, avid hunter and proud family man in fines total or 100 percent disability as ‘‘any im- to make sharing the roadways with tractor- Michigan, who passed away on October 5, pairment of mind or body which is sufficient to trailers safer. 2009. render it impossible for the average person to Finally, Madam Speaker, America’s truck Mr. Chupa was born December 31, 1943, in follow a substantially gainful occupation.’’ De- drivers sacrifice precious time from their fami- the city of Detroit. He graduated from Law- spite the fact that these definitions are virtually lies, all the while, they deliver for ours. This rence Technological University and was a the same, many veterans including my con- week we pause to say thank you to them and grade school teacher at Immaculate Concep- stituent endure two complicated and time con- to their families. tion. He owned and operated the North Amer- suming processes to prove the same condi- I salute these fine individuals along with ican Adjustment Bureau providing property tion. their understanding families for their commit- damage adjustment, appraisal and estimation The Commission on Veteran’s Disability ment to America’s future stability, increased service for southeast Michigan. A leader within Benefit found that only 61 percent of those prosperity, and for delivering life’s essentials the Ukrainian American community he worked granted Individual Unemployability and 54 per- safely and securely.

VerDate Nov 24 2008 05:06 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A06NO8.034 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 6, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2745 COMMEMORATING VETERANS DAY ture, Lipetz has the academic credentials to livan, 87, died September 23, 2009, sur- back up her long experience as an artist. With rounded by his family. A lifelong Alaskan, Sul- HON. BETTY McCOLLUM drawings and beautifully colorful and joyous livan was born on March 31, 1922, raised in OF MINNESOTA paintings ranging from abstract to landscape, Valdez, Alaska, where his father Harvey was the U.S. District Marshal and mother Viola IN THE HOUSE OF REPRESENTATIVES she has exhibited frequently, both as a solo artist and with groups. was the first woman mayor in Alaska. Friday, November 6, 2009 Her work is in numerous collections, and Sullivan’s life and leadership spanned the Ms. MCCOLLUM. Madam Speaker, I rise she has also won honors and grants including territorial days of Alaska through statehood. In today to commemorate Veterans Day and ap- Friends of the Crafts in Seattle, Washington; the 1920s, the Sullivans lived in Valdez, a plaud the commitment and work of this Con- National Endowments for the Arts High School busy town in the first two decades of the 20th gress and President Obama to meet the Art Instruction in Missoula, Montana; and the century that supported a bowling alley, several needs of America’s 23.4 million military vet- Art Across the Valley Tour through the breweries, a dam and hydroelectric plant, the erans. Nearly 400,000 veterans call the great Sonoma Valley Museum of Art. seat of the Territory of Alaska’s Third Judicial state of Minnesota home and we are proud of Her contributions to the City of Sonoma en- District, a public library, hospital, and public them, our friends and neighbors. As a Member rich the lives of its residents and add to the vi- school system. George had a wonderful life as of Congress and the daughter of a World War brancy of its arts community. She teaches a kid in Valdez, playing many sports, engaging II veteran, I believe I have a duty to honor the painting and intuitive drawing at the Sonoma in school activities, and helping at the family men and women who have so courageously Community Center, is active with the Sonoma store. During World War II, Anchorage’s popu- served our country by investing in expanding Valley Museum of Art and served as a com- lation exploded from around 8,000 to more educational opportunities, health care serv- missioner on the Cultural Fine and Arts Com- than 43,000. In July, 1944, George was draft- ices, and access to good jobs for our nation’s mission. ed into the U.S. Army for two years and was veterans. Madam Speaker, it is a pleasure to cele- stationed at Adak in the Aleutian Islands. He Increasingly, I have become particularly brate Lin Lipetz’s selection as Sonoma Treas- married the love of his life, Margaret Eagan concerned about the mental health issues, ure Artist of the year. We join the Sonoma Sullivan, on December 30, 1947, and moved such as post traumatic stress disorder (PTSD) community in our appreciation of her talents to Nenana. George was the U.S. deputy mar- and traumatic brain injury (TBI), that afflict our and her contributions. shal and Margaret was the U.S. commis- warriors who are now home from Iraq and Af- f sioner. Aptly, George would catch the crimi- ghanistan. PTSD and TBI have claimed too EARMARK DECLARATION nals and Margaret would try them. In 1955, he many lives and caused too much hardship was elected to the Fairbanks City Council. among the families of veterans. According to George took a job in management with Con- the Department of Veterans Affairs, service HON. J. GRESHAM BARRETT solidated Freightways and in 1959 moved the members responding to mental health ques- OF SOUTH CAROLINA family to Anchorage, where he lived for the tions when they return from Iraq and Afghani- IN THE HOUSE OF REPRESENTATIVES next 50 years. From 1964 to 1965, George stan show that about 19 percent of service Friday, November 6, 2009 served in the Alaska Legislature, after being members from Iraq have a mental health prob- appointed by Governor Bill Egan to fill a va- lem, while about 11 percent from Afghanistan Mr. BARRETT of South Carolina. Madam cancy, and soon after was elected to the An- have a mental health problem. Too often the Speaker, pursuant to the Republican Leader- chorage City Council. In 1967, he ran a suc- unseen wounds suffered by veterans, as a re- ship standards on earmarks, I am submitting cessful race to become Anchorage mayor, a sult of PTSD and TBI, remain untreated until the following information regarding earmarks I position he would hold for 15 years. In 1975, a crisis or tragedy occurs for the veteran or received as part of the House passed version voters approved the unification of Anchorage’s their loved ones. Illnesses related to sub- of the Conference Report 111–316, to accom- city and borough governments and elected stance abuse, suicide prevention, and home- pany H.R. 2996. George its mayor. The creation of the Munici- lessness prevention for our veterans are often Requesting Member: Congressman J. pality of Anchorage was an incredible under- directly related to psychological trauma. I be- GRESHAM BARRETT taking. As mayor, George successful merged lieve it is critical to support the expanded ef- Bill Number: H.R. 2996 the duplicative departments, boards, and utili- forts by the Department of Defense and the Provision: Division A, EPA, STAG Water ties into one government. Department of Veterans Affairs to ensure our and Wastewater Infrastructure Project Statehood in 1958 brought change but it soldiers understand clearly that mental health Legal Name of Requesting Entity: Laurens was the oil boom that provided the resources services and help are available if, and when, Commission of Public Works for Anchorage to blossom into a modern day they need them. Address of Requesting Entity: 212 Church city. George and his administration had a vi- On this Veterans Day, I am very proud to Street, Laurens, SC 29630 sion of what Anchorage could become and live in a country that so values its veterans. Description of Request: The purpose of this were entrusted to direct the streaming State My commitment and my prayers are with the appropriation is to provide $300,000 to be oil revenues toward improving and enhancing millions of veterans and their families who we used for the design and construction of a half the city’s quality of life for its residents. owe a tremendous debt of gratitude. million gallon water storage tank, and associ- George helped secure State funding for the f ated water distribution system upgrades. The construction of the Egan Civic and Convention construction will also include approximately 10 Center, Loussac Library, the Alaska Center for HONORING SONOMA TREASURE miles of 12 inch water main and a booster the Performing Arts, and the Sullivan Sports ARTIST OF THE YEAR LIN LIPETZ pump station. This water distribution system Arena. This moved Anchorage into being a upgrade will provide additional potable, indus- modem and vibrant community. HON. MIKE THOMPSON trial and fire water supply to the surrounding George finished as Mayor of Anchorage in CALIFORNIA areas. I certify that neither I nor my spouse 1982. For the past many years since, George IN THE HOUSE OF REPRESENTATIVES has any financial interest in this project. has remained active in the community and state boards up until his illness in 2008. Friday, November 6, 2009 f Through the years he was active on the Mr. THOMPSON of California. Madam TRIBUTE TO AN ALASKAN PIO- Enstar board, AWWU, state PERS board, An- Speaker, I rise today with my colleague, Rep- NEER AND FATHER OF MODERN- chorage Senior Center Endowment, TOTE Ad- resentative LYNN WOOLSEY, to honor Lin DAY ANCHORAGE visory Board, Military Advisory Board, Anchor- Lipetz, the Sonoma Treasure Artist of the age Wellness Court Alumni Group, Alaska Year. Selected by the city’s Cultural and Fine HON. DON YOUNG Heart Association, Boys and Girls Clubs, and Arts Commission, Ms. Lipetz was chosen for OF ALASKA many more. He was always willing to lend a her talents as a teacher and an artist as well IN THE HOUSE OF REPRESENTATIVES helping hand to make Anchorage a little better as for her contributions to the community. for those less fortunate or in need. He had a With an MFA from the University of Wash- Friday, November 6, 2009 strong faith in the Roman Catholic Church and ington in ceramics, painting and textiles, a Mr. YOUNG of Alaska. Madam Speaker, I often assisted at Mass and in the church’s or- bachelor’s degree in art from the University of rise to pay tribute to an Alaskan Pioneer and ganizations. He was a member of the Elks Washington, and a bachelor’s degree from father of modern-day Anchorage. Former long- Club, the Veterans of Foreign Wars, and the San Jose State University in interior architec- term Anchorage Mayor George Murray Sul- Pioneers of Alaska.

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.038 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2746 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2009 George had an incredible love for the com- ‘‘Maggie’’ Gardner of Hartford, Connecticut, to agents from the Drug Enforcement Administra- munity and worked on many projects to en- whom I was honored to present the Nancy tion when their MH–47 helicopter crashed in hance the quality of life for all who called An- Pilver Breast Cancer Heroine Award. Badghis province in western Afghanistan. The chorage home. He was a true public servant Each year, I present the Nancy Pilver crash happened when the soldiers and federal and visionary who strived to make Anchorage Breast Cancer Heroine Award to a resident of agents lifted off in the helicopter after an oper- a better community for future generations Connecticut’s First Congressional District who ation to disrupt arms smuggling and drug traf- while he was mayor and during his retirement. has displayed extraordinary dedication to the ficking in the Darreh-ye Bum Village in Qadis George was a great Alaskan. George was issue of breast cancer through education, pre- District. my friend. vention, treatment, and awareness. The award Being a native of Spokane, Washington, f is named in honor of Nancy Pilver, formerly of Chief Warrant Officer Lyons was an avid Se- Manchester, Connecticut, and the first recipi- attle Seahawks football fan. He also loved the PERSONAL EXPLANATION ent of the award. great outdoors. He enjoyed water skiing and In 2006, Maggie contacted my office to re- fishing. But most of all, he loved spending HON. PAUL W. HODES quest assistance with her Social Security Dis- time with his son, John. OF NEW HAMPSHIRE ability Claim. Her dire needs required that her Today, his family, friends, and country must IN THE HOUSE OF REPRESENTATIVES claim be expedited. Thankfully, Social Security say their final goodbye to Chief Warrant Offi- was receptive to our request and as a result, cer Lyons. Although the journey will be tough Friday, November 6, 2009 Maggie was able to win her fight against for his family and friends, we know that Chief Mr. HODES. Madam Speaker, due to un- breast cancer and carry on her life without dif- Warrant Officer Lyons will always be looking foreseen circumstances, I missed one vote in ficult financial ramifications. from above watching over those he loved a series of votes on Thursday, November 5, Maggie’s successful fight against breast most. 2009. I would have voted ‘‘yea’’ on the fol- cancer has inspired her to help others battling Madam Speaker, I rise today to acknowl- lowing vote: H.R. 878, a resolution expressing various types of cancer. Maggie started the edge Chief Warrant Officer Lyons for fear- support for the goals and ideals of National Gardner House, a non-profit organization with lessly sacrificing his own life in order to protect Family Literacy Day. the goal of providing a one-stop center for our freedoms from the evils of terrorism. I in- f cancer patients to receive guidance and as- vite my colleagues to join me in a moment of sistance in their fight against the disease. Its silence for Chief Warrant Officer Lyons as well HONORING JOE LARSON FOR 30 mission statement is ‘‘to assist the cancer pa- as all of the men and women who lost their YEARS OF SERVING WASH- tient and their family to return to a normal, lives in the recent helicopter crash while serv- INGTON COUNTY VETERANS healthy and productive life in their commu- ing in Afghanistan. nity.’’ Included among the Gardner House’s f HON. MICHELE BACHMANN many objectives are referrals to state and OF MINNESOTA local agencies, medication expenses and gen- TRIBUTE TO FORT MYERS MAYOR JIM HUMPHREY IN THE HOUSE OF REPRESENTATIVES eral financial assistance, housing assistance, Friday, November 6, 2009 transportation to medical appointments, and counseling and emotional support groups. HON. CONNIE MACK Mrs. BACHMANN. Madam Speaker, I rise Perhaps one of the Gardner House’s most OF FLORIDA today to honor Joe Larson of Washington successful stories involved Elizabeth Hurd, IN THE HOUSE OF REPRESENTATIVES County, for the more than 30 years he has Maggie’s first referral. Elizabeth underwent a Friday, November 6, 2009 served in the Washington County Veterans severe struggle with uterine cancer, and even- Service Office. As a veterans service officer tually overcame the disease. Mr. MACK. Madam Speaker, I rise today to over 3 decades, Joe has surely touched the During her fight she was unable to schedule honor one of southwest Florida’s hardest- lives of thousands of returning service men a disability hearing, resulting in the loss of her working public servants, Fort Myers Mayor Jim and women. It’s a calling that requires perse- apartment and rental assistance, and most of Humphrey, who is retiring after an exceptional verance, diligence and passion. her belongings. After being placed in contact career. As a veteran and Purple Heart recipient with Maggie, and through the assistance of I’ve known Jim for a number of years now. himself, Joe was uniquely qualified for this po- the Gardner House and my office, she was He’s been a great friend of the Mack Family, sition. The instant bond among veterans was able to schedule a disability hearing. Eliza- and he was one of my earliest supporters nurtured by Joe’s experience and dedication beth, grateful for the help she received, aptly when I first decided to run for Congress. Jim’s to both his job and his fellow vets. For over 30 calls Maggie ‘‘her angel.’’ civility and demeanor have earned him the years, it has been his duty to file paperwork, We in Connecticut’s First Congressional nickname ‘‘Gentleman Jim,’’ and I can’t think make follow up calls and contact agencies on District are extremely grateful for Maggie’s ex- of a more fitting description for a great public behalf of Minnesota’s veterans. But for 30 tensive efforts, and she is very deserving of servant, family man, and friend. years, Joe’s calling was much higher. He was this year’s Nancy Pilver Breast Cancer Her- Jim has been a strong force for the people an advocate, a listener and a friend to so oine Award. of southwest Florida. His enthusiasm and pas- many veterans readjusting to life at home. His f sion for serving the community is inspiring. concern was genuine and his passion was un- Jim’s the type of elected official that all of us paralleled. CHIEF WARRANT OFFICER LYONS strive to be: accessible, dedicated and effec- And so I rise today, Madam Speaker, to REMEMBERED FOR SERVICE TO tive. give thanks to and honor Joe for the dif- COUNTRY But perhaps the most important job Jim has ference he has made to veterans scattered ever held is that of a father and grandfather. throughout Minnesota. And as he looks for- HON. CATHY McMORRIS RODGERS He is so proud of his daughters and beams ward to his retirement, he can move forward OF WASHINGTON when he speaks about his grandchildren. knowing his was a job well done. He will be IN THE HOUSE OF REPRESENTATIVES Jim’s family bring him his greatest joy, and very truly missed by coworkers and veterans this joy shines through in everything he does. Friday, November 6, 2009 alike. Jim has worked tirelessly to make south- f Mrs. MCMORRIS RODGERS. Madam west Florida a great place to live, work and Speaker, I rise today to recognize U.S. Army visit. Under his leadership, the city of Fort NANCY PILVER BREAST CANCER CWO Niall D. Lyons for his bravery and her- Myers was designated as the Healthiest City HEROINE AWARD oism while serving to protect our country’s in the Southeast in 2003 and a Preserve freedoms. America Community in 2004, among other ac- HON. JOHN B. LARSON Chief Warrant Officer Lyons deployed from colades. In addition, Jim has worked to obtain OF CONNECTICUT the B Company, 3rd Battalion, 160th Special vital funding to preserve our community’s IN THE HOUSE OF REPRESENTATIVES Operations Aviation Regiment at Hunter Army unique treasures, such as the Edison & Ford Airfield, Georgia to Afghanistan. On October Winter Estates and the Langford-Kingston Friday, November 6, 2009 26th, 2009, Chief Warrant Officer Lyons gave Home. Mr. LARSON of Connecticut. Madam the ultimate sacrifice for his country along with Of course, Jim’s public service does not end Speaker, I rise today to honor Margarita six special operations soldiers and three with his stint in the Mayor’s Office. Jim has

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.041 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 6, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2747 held countless positions on numerous civic His effective leadership was especially evident ment Center; the Women’s Center; Baylor Col- and charitable organizations throughout south- following the Northridge earthquake and the lege of Medicine; the End Hunger Network; St. west Florida. He’s the type of person who be- 1999 shooting at the North Valley Jewish Luke’s Episcopal Hospital; the South Texas lieves in giving back to his community tenfold Community Center. His work to encourage in- College of Law Advocacy Center and many and has done just that. From his service as creased support for Israel was on display dur- more organizations and causes of equal im- the first full-time Lee County Attorney, to his ing the second Intifada and Israel’s war with portance. time as a city judge in Fort Myers, Jim will Hezbollah. His resilience in these times of Mr. O’Quinn was a passionate car collector. have left a lasting mark on southwest Florida. trouble was a calming source of inspiration to Before his passing, he planned to open a pub- Madam Speaker, the city of Fort Myers, and the community. lic museum to display and share his love of indeed all of southwest Florida, are better off Prior to his service at the Federation, he cars and the histories accompanying each. today because of Jim’s service. It is truly an worked tirelessly as the top professional exec- There are few Houstonians who have not honor and a privilege to represent Jim in the utive at the Allied Jewish Community Services been affected by Mr. O’Quinn’s work, either U.S. House of Representatives, and I wish (the local Jewish Federation) in Montreal, through his role as attorney, benefactor or phi- Jim, his wife Nancy, and their beloved family Canada, at the Hebrew Immigrant Aid Society lanthropist. Mr. O’Quinn will be remembered all the best. (HIAS) and the Council Migration Services in as a dedicated legal professional, generous philanthropist, and dear friend. It will be hard f Philadelphia, as planning associate at the Federation of Jewish Agencies of Greater to imagine Houston without one of its most dy- OUR UNCONSCIONABLE NATIONAL Philadelphia, and as a resource developer for namic personalities and legal giants. Mr. DEBT the Ohio State Department of Health. O’Quinn will be greatly missed. Mr. Fishel graduated with a Bachelors de- f HON. MIKE COFFMAN gree in anthropology and a master of social HONORING SONOMA TREASURE OF COLORADO welfare administration and policy from the Uni- ARTIST OF THE YEAR LIN LIPETZ IN THE HOUSE OF REPRESENTATIVES versity of Michigan. He and his wife, Karen, have one daughter, Jessica. They live in Friday, November 6, 2009 HON. LYNN C. WOOLSEY Cheviot Hills. OF CALIFORNIA Mr. COFFMAN of Colorado. Madam Speak- Madam Speaker and distinguished col- IN THE HOUSE OF REPRESENTATIVES er, this morning our national debt was leagues, we ask you to join me in saluting $11,990,561,444,829.48. We have added John R. Fishel for his impressive career and Friday, November 6, 2009 $11,607,722,003.58 to the national debt since dedication to the community and The Jewish Ms. WOOLSEY. Madam Speaker, I rise just yesterday. Federation, and to congratulate him on the oc- today with my colleague, Representative MIKE On January 6, 2009, the start of the 111th casion of his retirement. THOMPSON, to honor Lin Lipetz, the Sonoma Congress, the national debt was f Treasure Artist of the Year. Selected by the $10,638,425,746,293.80. city’s Cultural and Fine Arts Commission, Ms. The means the national debt has increased THE DEATH OF JOHN O’QUINN, Lipetz was chosen for her talents as a teacher by $1,352,135,698,535.68 so far this year. PROMINENT HOUSTON ATTOR- and an artist as well as for her contributions According to the non-partisan Congressional NEY, PHILANTHROPIST, AND to the community. Budget Office, the forecast deficit for this year FRIEND With an MFA from the University of Wash- is $1.6 trillion. That means that so far this ington in ceramics, painting and textiles, a year, we borrowed and spent an average $4.4 HON. AL GREEN bachelor’s degree in art from the University of billion a day more than we have collected, OF TEXAS Washington, and a bachelor’s degree from passing that debt and its interest payments to IN THE HOUSE OF REPRESENTATIVES San Jose State University in interior architec- our children and all future Americans. ture, Lipetz has the academic credentials to Friday, November 6, 2009 f back up her long experience as an artist. With Mr. AL GREEN of Texas. Madam Speaker, drawings and beautifully colorful and joyous JOHN FISHEL I request that the House of Representatives paintings ranging from abstract to landscape, take a moment to remember a fellow Amer- she has exhibited frequently, both as a solo HON. HOWARD L. BERMAN ican and friend of mine, John O’Quinn, of artist and with groups. OF CALIFORNIA Houston, Texas. Mr. O’Quinn died last Thurs- Her work is in numerous collections, and IN THE HOUSE OF REPRESENTATIVES day, October 29, 2009 in a tragic car accident she has also won honors and grants including that also claimed the life of his longtime as- Friends of the Crafts in Seattle, Washington; Friday, November 6, 2009 sistant, Johnny Lee Cutliff. National Endowments for the Arts High School Mr. BERMAN. Madam Speaker, we are By all standards, Mr. O’Quinn was an ex- Art Instruction in Missoula, Montana; and the honored to pay tribute to our friend, John R. tremely successful lawyer in Houston society, Art Across the Valley Tour through the Fishel on the occasion of his retirement from but to those of us who knew him well, John Sonoma Valley Museum of Art. the Jewish Federation, and honor him for his was a dedicated professional, a generous Her contributions to the City of Sonoma en- decades of invaluable service to our commu- benefactor, and a loyal friend. rich the lives of its residents and add to the vi- nity. Publicly, John has been recognized as an brancy of its arts community. She teaches John has spent decades of his life at work icon and was named one of the ‘‘100 Legal painting and intuitive drawing at the Sonoma with non-profit organizations and charitable Legends of the Law’’ by the Texas Lawyer. He Community Center, is active with the Sonoma groups. He has earned high esteem and re- was recognized by the National Law Journal Valley Museum of Art and served as a com- spect for his diligence and hard work as well and the Harvard Law Review as one of the missioner on the Cultural and Fine Arts Com- as his many achievements and contributions ‘‘Best Lawyers in America.’’ Mr. O’Quinn remission. to these causes. ceived four of the largest verdicts in Texas Madam Speaker, it is a pleasure to cele- During his time with the Jewish Federation, legal history, having won more than $20 billion brate Lin Lipetz’s selection as Sonoma Treas- his attentive management style, vision, and for his clients throughout his career, including ure Artist of the year. We join the Sonoma dedication resulted in many innovative projects a $17.3 billion tobacco settlement for the State community in our appreciation of her talents which transformed the organization. He cre- of Texas. He was an honors graduate of the and her contributions. ated the Tel Aviv/Los Angeles partnership, a University of Houston Law Center, served as f new way to nurture a close relationship with a Regent for the University of Houston, and SALUTING JOHN HAMILTON FOR 29 Israel and bring the people of these two cities trustee of the University of Houston Law YEARS OF SERVICE together. In recent years, he launched efforts School Foundation. to engage young Jewish professionals in The The man behind these impressive achieve- New Leaders Project, a civic leadership train- ments was also fiercely loyal to the town that HON. SAM JOHNSON OF TEXAS ing program for young adults. Under his lead- raised him and brought him to statewide and IN THE HOUSE OF REPRESENTATIVES ership, many valuable programs were devel- national prominence. John was a philan- oped, such as KOREH L.A., a literacy pro- thropist and gave generously to assist the Uni- Friday, November 6, 2009 gram and Fed Up With Hunger, a community- versity of Houston, which named a law library Mr. SAM JOHNSON of Texas. Madam wide movement to end hunger in Los Angeles. and stadium after him; the Children’s Assess- Speaker, I’d like to recognize a model patriot

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.046 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2748 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2009 who has really made a difference in the As the bill stands now, I cannot vote in favor tions. Current data from the Centers for Dis- young, rising leadership of our armed forces, of this legislation. A provision in the bill to re- ease Control and Prevention show that rates Mr. John Hamilton. Next week Mr. Hamilton quire Inherently Safer Technology, IST, in of obesity have more than doubled for children will officially step down from the Third Con- chemical facilities would likely create costly aged 2 to 11 years and more than tripled for gressional District Academy Candidate Selec- mandates for local farm suppliers and jeop- adolescents aged 12 to 19 years. According to tion Board after 29 years of service and volun- ardize the availability of widely-used fertilizer the CDC, 32 percent of children are over- teering his time, effort and talent to three dif- and pesticides. This language could inadvert- weight, 16 percent are obese, and 11 percent ferent Members of Congress: former Con- ently have the effect of causing my district to are extremely obese. In some racial and eth- gressman Steve Bartlett, former Congressman lose much needed jobs. While I support the in- nic groups, in low-income populations, and Jim Collins and me. tention of this legislation, to safeguard our among recent immigrants, the rates of obesity In this advisory capacity, John offered his chemical and drinking water facilities from ter- among children and youth are alarmingly high. wisdom and expertise to help identify and rec- rorist attack, the current language would se- The health consequences for these children ommend hundreds of students from the Third verely impact the ability of farmers to produce are very serious. They are at much greater Congressional District for nomination to a food and would adversely impact farmers all risk of developing diabetes, heart disease, prestigious service academy, including one across my district. high blood pressure, asthma, and other dis- who went on to become a Rhodes Scholar. It is my hope that as this legislation pro- eases than their non-obese peers. Many chil- The Third District of Texas is home to some gresses that the concerns of the agricultural dren are subjected to ridicule and bullying that of the best and the brightest young people. As community will be addressed and I can vote damage their emotional well-being. Beyond a Member of Congress it is always an honor for the final product. the tragic consequences for the children them- to recommend fine students to our nation’s f selves are the effects on the American econ- service academies. These students join the omy. Obese children are at risk of growing premiere military force of the world and be- A TRIBUTE TO OUR ESTEEMED into obese adults who do not participate fully come leaders of men and women in uniform. VETERANS AND FOUR LOCAL in the workforce because of employment dis- John Hamilton played an instrumental role in WASPS IN ACKNOWLEDGEMENT crimination, lost productivity due to illness and helping Third District young adults achieve OF THEIR CONGRESSIONAL GOLD disability, and premature death. If the child- their dream of military service. MEDAL AWARDS hood obesity epidemic continues at its current My friend, John, was perfectly situated to rate, conditions related to type 2 diabetes, play the role of advisor for the Third Congres- HON. DANIEL E. LUNGREN such as blindness, coronary artery disease, sional District Academy Candidate Selection stroke, and kidney failure may become com- Board. He graduated in 1968 from the pres- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES mon conditions of middle age. Health care tigious United States Naval Academy with a costs for this population are likely to rise to an B.S. in Engineering/Management. Friday, November 6, 2009 extent we are only now beginning to appre- He knows firsthand the rigors, discipline, Mr. DANIEL E. LUNGREN of California. ciate. and inner strength needed to thrive, not just Madam Speaker, nearly 70 years ago a group Many factors contribute to the childhood survive, at a service academy. I know his ex- of extraordinary young women answered the obesity epidemic. Many children’s diets are perience in Annapolis helped him make many call of duty and accepted a mission that no too high in fats and carbohydrates and do not decisions. include enough fruits and vegetables. At the John also graduated from SMU School of generation had before them. Just over 1,100 same time, our children are less active than Law in 1976. He is a Lifetime Chapter Mem- women eagerly left the grounded existence of they were a generation ago. More time front of ber of the North Texas Chapter of the U.S. home and family, climbed into the cockpits of Naval Academy Alumni Association and a military aircraft and set about to do their part the television means that kids are exposed to member of the State Bar of Texas. Since 1994 in the good fight of World War II. By 1943 they over 20,000 commercials a year, very few of he has served as President of Hamilton & had come to be known as WASPs: Women which are encouraging them to exercise and Hartsfield, P.C., a law firm specializing in gen- Airforce Service Pilots. They had the verve of eat right. Residential communities often do not eral corporate law, mergers and acquisitions, Amelia Earhart, the poise of their upbringing have safe sidewalks or recreation areas to and business transactions. He is a shining ex- and a dutiful patriotic spirit to get them draw children off the couch and outside to run ample of a well-rounded patriot eager to give through. Some 38 perished during their 2-year and play. Underfunded schools have cut back back to his country and his community. I am tenure while fulfilling a variety of missions: on physical education programs and are re- thankful for his service and I will miss his val- testing aircraft and ferrying planes from coast sorting to revenues from vending machines full ued opinions and leadership. to coast among them. Today we honor the of junk food to supplement public funding. Godspeed, John Hamilton. God bless you service of four of these WASPs who reside in The Healthy Kids Act will provide critical and God bless America. the Third Congressional District of California: Federal leadership to address this crisis by establishing an Office of Childhood Overweight f Dorothy C. Goot and Captola Johnson, both of Fair Oaks; Barbara H. Kennedy and Doris K. and Obesity Prevention and treatment within PERSONAL EXPLANATION Ohm, both of Sacramento. We thank you for the Department of Health and Human Serv- your service. On Veterans Day, as we pay ices. The Director of this office will be the Fed- HON. BRAD ELLSWORTH special tribute to men and women in the mili- eral Government’s champion on this issue. OF INDIANA tary, we especially thank you for your example The Director is charged with evaluating the ef- IN THE HOUSE OF REPRESENTATIVES and sacrifice. Women sustain the Armed fectiveness of existing Federal policies, pro- Friday, November 6, 2009 Forces of these United States more today grams, and research efforts and identifying fu- than at any other time in history. We thank ture needs; implementing Federal support Mr. ELLSWORTH. Madam Speaker, on you. We salute you all. measures for State, tribal, and territorial pro- Thursday, November 5, 2009, I missed rollcall f grams; and carrying out a comprehensive, vote No. 857. Had I been present for rollcall long-term, national campaign to prevent vote No. 857, on agreeing to H. Res. 885, I HEALTHY KIDS ACT weight gain and obesity among our children would have voted ‘‘aye.’’ and youth. The Director will also have an im- f HON. JAMES P. MORAN portant role in promoting and supporting CHEMICAL FACILITY ANTI- OF VIRGINIA school wellness policies that monitor students’ TERRORISM ACT OF 2009 IN THE HOUSE OF REPRESENTATIVES body mass index, provide parents with information on health and nutrition, and implement Friday, November 6, 2009 SPEECH OF age-appropriate physical activity programs. Mr. MORAN of Virginia. Madam Speaker, In carrying out these responsibilities, the Di- HON. PHIL HARE today I am introducing the ‘‘Healthy Kids Act,’’ rector will consider the unique needs of ra- OF ILLINOIS legislation that will focus the resources of the cially and ethnically diverse groups and high- IN THE HOUSE OF REPRESENTATIVES federal government on ending the epidemic of risk populations, including low-income popu- Thursday, November 5, 2009 obesity that threatens a generation of Amer- lations and communities. The Director will also Mr. HARE. Mr. Speaker, I rise today in op- ica’s children. take advantage of the expertise of the Secre- position to H.R. 2868, the Chemical and Water Over the past three decades, the rate of taries of the Departments of Agriculture, Edu- Security Act. childhood obesity has risen to crisis propor- cation, Defense, Interior, Housing and Urban

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.051 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 6, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2749 Development, and Transportation, as well as and youth have the capacity to reach their full Coach Holden is an active member of the the Director of the Centers for Disease Control potential. Childhood obesity is a public health Sportsman Club of Charlotte, where he has and Prevention and the Chairmen of the Fed- crisis that will not be solved without the full served as the president, program vice presi- eral Trade Commission and the Federal Com- support of the Federal Government. I urge my dent, secretary and treasurer. In 1999, the or- munications Commission. colleagues to support the Healthy Kids Act. ganization named him the Sportsman of the To make sure that our young people receive f Year. He is also the past president of the ME– a consistent message that encourages them CA Conference. He has served on both the TRIBUTE TO WILLIAM LEROY to adopt healthful eating patterns and helps Sectional Basketball Committee and as direc- HOLDEN them understand their nutritional needs, the tor of the Sectional Basketball Tournament. Director will work with the Secretary of Agri- Coach Holden has also been a member of the culture to identify three categories of foods HON. JAMES E. CLYBURN Charlotte Sports Commission since 1998. He and beverages—Tier 1 foods and beverages, OF SOUTH CAROLINA is the recipient of numerous awards including which are healthful for children and adoles- IN THE HOUSE OF REPRESENTATIVES the 2008 Lifetime Achievement Award from cents and the consumption of which is encour- Friday, November 6, 2009 the North Carolina Athletic Directors’ Associa- aged; Tier 2 foods and beverages, which do Mr. CLYBURN. Madam Speaker, I rise tion, the 2001 Charlotte Observer Athletic Di- not exceed levels of total, saturated, and trans today to pay tribute to a trailblazing high rector of the Year, and the Conference Bas- fat, sugars, and sodium that are acceptable in school coach, athletics director and a great ketball Coach of the Year seven times be- a healthful diet for children and adolescents; humanitarian. William Leroy Holden is being tween 1977 and 1994. and Tier 3 foods and beverages, which do not honored on November 14, 2009, for his tre- There is one of Coach Holden’s accomplish- contribute to a healthful diet for children and mendous 38-year career at North Mecklenburg ments that will not appear in the record books, adolescents and the consumption of which is High School in Huntersville, North Carolina. I yet I believe it deserves recognition. Coach discouraged. These categories will form the want to commend him on his contributions to Holden came to North Mecklenburg High basis for regulations to be issued by the Sec- athletics and the students he coached and School shortly after the school had fully inte- retary of Agriculture updating the current mentored over the years. grated. He truly was colorblind in his approach standards for foods and beverages available Leroy Holden first came to North Mecklen- to athletics and had great success with his Af- to schoolchildren outside the federally sup- burg High School in 1971. He had spent 2 rican-American athletes. He was the first ported school meal programs. This approach years at East Mecklenburg High School, but coach at the school to secure college scholar- to the problem of competitive foods would left to take a job in insurance to better support ships for black athletes, as he always believed allow schools to retain the revenue stream his growing family. However, his love of that every talented student deserved the op- from sales of competitive foods by offering coaching drew him back, and he chose to take portunity he had to go to school on an athletic healthful options, and would send the mes- a pay cut to follow his heart and took a posi- scholarship. He worked hard toward that goal sage that certain foods should be enjoyed as tion at North Mecklenburg High School. enabling many students to go to college that treats, not as part of the daily diet. Over the next 28 years, he would serve as otherwise could not have afforded it. During The same three categories of foods and head coach of the baseball, softball and tennis his extensive career, he secured approxi- beverages would form the basis for guidelines teams. He also served as an assistant football mately 200 college scholarships for minority issued by the Director in consultation with the and track coach. But where Coach Holden athletes and several of those students went on Chairman of the Federal Trade Commission to really made his mark was as the men’s bas- to become professionals. Many others fol- control the marketing, advertising, or pro- ketball coach from 1974–1999, compiling an lowed in his footsteps and went on to become moting of foods and beverages to children and impressive record of 464 wins and 267 losses. high school and college coaches. That is a children and adolescents. Children’s pref- His teams made it to the playoffs 12 times tremendous record for any high school coach, erences for foods that lack sweet and salty during his career. In the 1986–87 season, the and it says a lot about the kind of man Coach tastes are learned and require repeated posi- Viking men’s basketball team went Holden is. tive experiences, especially to accept fruits, undefeated, winning 30 games before losing in Coach Holden is married to the former vegetables, and other nutrient-rich foods later the state championship. Ginny Severs of Charlotte. They were high in life. There is evidence that parental ability to His success at North Mecklenburg High school sweethearts and have just celebrated guide children’s consumption of food and bev- School led to invitations to coach other young 44 years of marriage. The couple has three erages has been compromised by an environ- people. He served as an instructor at the children and three grandchildren. His passion ment that exposes children to an array of ad- International Basketball Clinic in London, Eng- for athletics and for inspiring young people vertising and marketing messages for junk land in 1993, coached the West All-Stars has enriched the lives of countless student food, many directed at children too young to Coach in 1986, and the East-West All-Star athletes. understand the selling purpose of advertising. Game in North Carolina. He served as a Madam Speaker, I ask you and my col- Most children ages 8 years and under do not coach at the NBPA High School Basketball leagues to join me in applauding the tremen- effectively comprehend the persuasive intent Camp at Princeton University from 1995– dous career of Coach William Leroy Holden of of marketing messages, and most children 1999; and as a basketball camp instructor at North Mecklenburg High School. His dedica- ages 4 years and under cannot consistently the University of North Carolina-Chapel Hill tion to his profession and his students is un- discriminate between television advertising from 1983–1999. paralleled. and programming. In short, a child is not pos- His success on the basketball court and in f sessed of the full capacity for individual choice other athletic arenas made Leroy Holden the that is the presupposition of First Amendment perfect choice to lead athletics at North Meck- UNEMPLOYMENT COMPENSATION guarantees. The knowledge that parental con- lenburg High School. In 1985, Coach Holden EXTENSION ACT OF 2009 trol or guidance cannot always be provided was promoted to athletics director at the and society’s transcendent interest in pro- school to which he had dedicated his career. SPEECH OF tecting the welfare of children justify reason- He still maintained his coaching duties until HON. RUSH D. HOLT able regulation of the sale of material to them. 1999 in addition to overseeing all athletics at OF NEW JERSEY A provision in current federal law prohibiting the growing high school. IN THE HOUSE OF REPRESENTATIVES the Chairman from issuing such regulations is Leroy Holden went to college on a football Thursday, November 5, 2009 repealed. scholarship and earned a bachelor’s degree in The bill also makes clear that counseling 1967 from Western Carolina in Cullowhee, Mr. HOLT. Mr. Speaker, I rise in support of and treatment services for overweight and North Carolina. He pursued an advanced de- the Worker, Homeownership, and Business obese children are eligible for reimbursement gree at the University of North Carolina at Assistance Act of 2009, H.R. 3548. This emer- under the Medicaid and SCHIP programs. Charlotte, earning a masters in education in gency extension of unemployment benefits for Madam Speaker, we can, and we simply 1978. Immediately upon earning that degree, states with high rates of unemployment is im- must, make addressing childhood obesity a he earned a masters in physical education portant for my home state of New Jersey and national priority. Not only must we help the from Winthrop University in Rock Hill, South I urge this body to pass this legislation and the children who are already affected, we must Carolina. Coach Holden also became a cer- President to sign it expeditiously. not fail to protect another generation. Health is tified athletic administrator through the State With over 15 million Americans currently out more than the absence of physical or mental Coaches Conferences in Greensboro, North of work it is essential that this body take ac- illness—it is also the extent to which children Carolina in 2000. tion to preserve jobs by helping companies

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.055 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2750 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2009 that are struggling in these uncertain eco- IN HONOR OF THE 54TH COAST other battlefronts, including Peru. After the fall nomic times. More and more companies are ARMY ARTILLERY REGIMENT of Germany in 1945, the 54th was restructured falling into the position where their losses ex- and sent to the Philippines to prepare to in- ceed their income. Businesses are being HON. SAM FARR vade Japan, but Japan surrendered before forced to close their doors, lay off employees OF CALIFORNIA that happened. and cut operating costs. IN THE HOUSE OF REPRESENTATIVES Armed initially with old guns and wearing As American employers continue to struggle Friday, November 6, 2009 uniforms left over from World War I, the men to stay afloat in the worst economic crisis of the 54th served with pride and dedication. since the 1930s, Congress must fully utilize Mr. FARR. Madam Speaker, I rise today to Two members of the Santa Cruz unit still live the tax code to provide timely and targeted re- honor the soldiers who served during World on the Central Coast. Russell R. Dawson relief for American entrepreneurs. Current tax War II in the United States Army’s 54th Coast turned to Santa Cruz after his discharge in Artillery Regiment. The 54th was an all-black law allows ‘‘net operating loss carrybacks’’ to 1946 and became the first black postal worker regiment that shared the mission of guarding help companies recoup their losses by offset- in that city, a job he held for 33 years. William California’s Central Coast from enemy attack. ting taxable income from the two previous tax Edward Jackson Sr., who lives in nearby It was the U.S. Army’s only all-black, heavy years. In the American Recovery and Rein- Menlo Park, is a past president of that city’s artillery unit during World War II. vestment Act Congress extended the period chapter of the NAACP. The 54th was part of the network of forces that small businesses could write off their net that protected the entrance to San Francisco On this Veteran’s Day these two men will operating losses for 2008 and 2009 from two Harbor and the Golden Gate Bridge and the represent the 54th Coast Artillery Regiment at years to five years; enacting H.R. 3548 will ex- millions of tons of cargo and munitions coming the dedication of a memorial plaque erected tend to this all companies that have suffered out of the port. This network included coastal on the site of their former post at Lighthouse losses during this recession. fortifications, underwater minefields, anti- Field. This project was spearheaded by the Extending the net operating loss provision aircraft guns, radars, searchlights, patrol air- Santa Cruz Women’s Club who, after Dawson will help businesses free up funds and prevent craft, and observation posts up and down the spoke to their group about his experiences, further job loss, which is critical for our eco- coast of California. Several such posts were decided to memorialize this special piece of nomic security. This bill will provide essential located in my District, including one near the Santa Cruz and American history. Madam tax relief that gives owners and entrepreneurs lighthouse in the city of Santa Cruz. Speaker, I know the whole House joins me in better means to make payroll and invest in No enemy was ever seen, and in 1944 the thanking the 54th Coast Army Artillery Regi- new equipment, put people back to work, and Army began to phase out its California coast ment for their honorable and dedicated service create new jobs when they can. watch. Batteries of the 54th were deployed to to our nation.

VerDate Nov 24 2008 04:46 Nov 07, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.057 E06NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS Friday, November 6, 2009 Daily Digest Senate Services, $150,000,000 for homeless veterans com- Chamber Action prehensive service programs. Page S11240 Routine Proceedings, pages S11239–S11258 A unanimous-consent agreement was reached pro- Measures Introduced: Four bills and two resolu- viding that Senate resume consideration of the bill tions were introduced, as follows: S. 2747–2750, and at approximately 3 p.m., on Monday, November 9, S. Res. 343–344. Page S11253 2009. Page S11258 Measures Reported: Nominations Confirmed: Senate confirmed the fol- S. 1472, to establish a section within the Criminal lowing nominations: Division of the Department of Justice to enforce Joseph G. Pizarchik, of Pennsylvania, to be Direc- human rights laws, to make technical and con- tor of the Office of Surface Mining Reclamation and forming amendments to criminal and immigration Enforcement. laws pertaining to human rights violations, with David S. Ferriero, of North Carolina, to be Archi- vist of the United States. amendments. Page S11253 Barbara J. Bennett, of Virginia, to be Chief Finan- Measures Passed: cial Officer, Environmental Protection Agency. (Prior Majority Party Committee Membership: Senate to this action, Committee on Environment and Pub- agreed to S. Res. 343, to constitute the majority par- lic Works was discharged from further consider- ty’s membership on certain committees for the One ation.) Pages S11257–58 Hundred Eleventh Congress, or until their successors Messages from the House: Page S11252 are chosen. Page S11257 Measures Referred: Page S11252 Shooting at Fort Hood, Texas: Senate agreed to Executive Communications: Pages S11252–53 S. Res. 344, expressing the sense of the Senate regarding the tragic shooting at Fort Hood, Texas on Additional Cosponsors: Pages S11253–54 November 5, 2009. Page S11257 Statements on Introduced Bills/Resolutions: Measures Considered: Pages S11254–55 Military Construction and Veterans Affairs Ap- Amendments Submitted: Pages S11255–57 propriations Act—Agreement: Senate continued Privileges of the Floor: Page S11257 consideration of H.R. 3082, making appropriations Adjournment: Senate convened at 9:30 a.m. and for military construction, the Department of Vet- adjourned at 12:34 p.m., until 2 p.m. on Monday, erans Affairs, and related agencies for the fiscal year November 9, 2009. (For Senate’s program, see the ending September 30, 2010, taking action on the remarks of the Acting Majority Leader in today’s following amendments proposed thereto: Record on page S11258.) Pages S11239–45 Pending: Johnson/Hutchison Amendment No. 2730, in the Committee Meetings nature of a substitute. Page S11239 (Committees not listed did not meet) Udall (NM) Amendment No. 2737 (to Amend- ment No. 2730), to make available from Medical No committee meetings were held.

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VerDate Nov 24 2008 06:40 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD09\D06NO9.REC D06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1303 House of Representatives Expressing support for designation of the week Chamber Action beginning on November 9, 2009, as National Public Bills and Resolutions Introduced: 24 pub- School Psychology Week: H. Res. 700, amended, to lic bills, H.R. 4037–4060; and 10 resolutions, H. express support for designation of the week begin- Con. Res. 210–211; and H. Res. 895–902 were in- ning on November 9, 2009, as National School Psy- troduced. Pages H12586–88 chology Week; Pages H12487–88 Additional Cosponsors: Pages H12588–89 Honoring the lives of the brave soldiers and civilians of the United States Army who died or Report Filed: A report was filed today as follows: were wounded in the tragic attack of November 5, H. Res. 903, providing for consideration of the 2009 at Fort Hood, Texas: H. Res. 895, to honor bill (H.R. 3962) to provide affordable, quality health the lives of the brave soldiers and civilians of the care for all Americans and reduce the growth in United States Army who died or were wounded in health care spending (H. Rept. 111–330). the tragic attack of November 5, 2009 at Fort Page H12586 Hood, Texas; Pages H12488–93 Suspensions: The House agreed to suspend the rules Expressing support for Chinese human rights and pass the following measures: activists Huang Qi and Tan Zuoren: H. Res. 877, Congratulating the 2009 Major League Baseball to express support for Chinese human rights activists World Series Champions, the New York Yankees: Huang Qi and Tan Zuoren for engaging in peaceful H. Res. 893, to congratulate the 2009 Major League expression as they seek answers and justice for the Baseball World Series Champions, the New York parents whose children were killed in the Sichuan Pages H12535–40 Yankees, by a 2⁄3 yea-and-nay vote of 386 yeas to 17 earthquake of May 12, 2008; nays with 11 voting ‘‘present,’’ Roll No. 866; Recognizing the 20th anniversary of the remark- Pages H12461–62 H12494–96 able events leading to the end of the Cold War and Small Business Disaster Readiness and Reform the creation of a Europe, whole, free, and at peace: Act of 2009: H.R. 3743, amended, to amend the H. Res. 892, to recognize the 20th anniversary of Small Business Act to improve the disaster relief the remarkable events leading to the end of the Cold programs of the Small Business Administration; and War and the creation of a Europe, whole, free, and at peace; Pages H12540–44 Pages H12471–73 Honoring the 60th anniversary of the establish- Providing for the concurrence by the House in ment of diplomatic relations between the United the Senate amendment to H.R. 1299, with an States and the Hashemite Kingdom of Jordan and amendment: H. Res. 896, to provide for the concur- the 10th anniversary of the accession to the throne rence by the House in the Senate amendment to of His Majesty King Abdullah II Ibn Al Hussein: H.R. 1299, with an amendment. Pages H12477–87 H. Res. 833, amended, to honor the 60th anniver- Suspensions—Proceedings Postponed: The House sary of the establishment of diplomatic relations be- debated the following measures under suspension of tween the United States and the Hashemite King- the rules. Further proceedings were postponed: dom of Jordan and the 10th anniversary of the acces- Small Business Microlending Expansion Act of sion to the throne of His Majesty King Abdullah II Ibn Al Hussein; and Pages H12544–46 2009: H.R. 3737, amended, to amend the Small Business Act to improve the Microloan Program; Recognizing the 30th anniversary of the Iranian Pages H12466–69 hostage crisis: H. Con. Res. 209, to recognize the 30th anniversary of the Iranian hostage crisis, during Amending the Small Business Act to modify cer- which 52 United States citizens were held hostage tain provisions relating to women’s business cen- for 444 days from November 4, 1979, to January ters: H.R. 1838, amended, to amend the Small Busi- 20, 1981. Pages H12546–49 ness Act to modify certain provisions relating to Adjournment Resolution: The House agreed to H. women’s business centers; Pages H12469–71 Con. Res. 210, providing for a conditional adjourn- Small Business Development Centers Mod- ment of the House of Representatives and a condi- ernization Act of 2009: H.R. 1845, amended, to tional recess or adjournment of the Senate, by a yea- amend the Small Business Act to modernize Small and-nay vote of 235 yeas to 179 nays, Roll No. 865. Business Development Centers; Pages H12473–77 Pages H12493–94

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Oath of Office—Twenty-Third Congressional with amendments, by a recorded vote of 189 ayes to District of New York: Representative-elect Wil- 236 noes, Roll No. 874; Pages H12533–34 liam L. Owens presented himself in the well of the Pursuant to the rule, the amendment in the na- House and was administered the Oath of Office by ture of a substitute printed in part A of H. Rept. the Speaker. Earlier, the Clerk of the House trans- 111–327 shall be considered as an original bill for mitted a facsimile copy of a letter from Mr. Todd the purpose of amendment under the 5-minute rule, D. Valentine and Mr. Robert A. Brehm, Co-Execu- in lieu of the amendments in the nature of a sub- tive Directors of the New York State Board of Elec- stitute recommended by the Committees on Home- tions, indicating that, according to the unofficial re- land Security and Energy and Commerce now print- turns of the Special Election held November 3, ed in the bill. Page H12498 2009, the Honorable William L. Owens was elected Agreed to amend the title so as to read: ‘‘To Representative to Congress for the Twenty-Third amend the Homeland Security Act of 2002 to en- Congressional District, State of New York. hance security and protect against acts of terrorism Pages H12495–96 against chemical facilities, to amend the Safe Drink- Whole Number of the House: The Speaker an- ing Water Act to enhance the security of public nounced to the House that, in light of the adminis- water systems, and to amend the Federal Water Pol- tration of the oath to the gentleman from New lution Control Act to enhance the security of waste- York, Mr. Owens, the whole number of the House water treatment works, and for other purposes.’’. Page H12535 is adjusted to 435. Page H12496 Agreed to: Moment of Silence: The House observed a moment Hastings (FL) amendment (No. 3 printed in H. of silence in honor of the victims of the violence in Rept. 111–327) that establishes a point of contact Orlando, Florida today, November 6, 2009. within the Office of Chemical Facility Security re- Page H12497 sponsible for interagency coordination. Requires the Suspensions—Proceedings Resumed: The House Secretary to liaise with State Emergency Response agreed to suspend the rules and pass the following Commissions and Local Emergency Planning Com- measures which were debated on Thursday, Novem- mittees to update emergency planning and training ber 5th: procedures; Pages H12519–20 Corporal Joseph A. Tomci Post Office Building Flake amendment (No. 6 printed in H. Rept. Designation Act: H.R. 3788, to designate the facil- 111–327) that prevents earmarking in a new grant ity of the United States Postal Service located at program established in the bill, and clarifies that 3900 Darrow Road in Stow, Ohio, as the ‘‘Corporal Congress presumes that grants awarded through that program will be awarded on a competitive basis, and Joseph A. Tomci Post Office Building’’, by a 2⁄3 yea- and-nay vote of 415 yeas to 1 nay, Roll No. 867 and if they are not, requires the Secretary to submit a re- Pages H12524–25 Page H12496 port to Congress as to why not; Schrader amendment (No. 7 printed in H. Rept. Jack F. Kemp Post Office Building Designation 111–327) that requires DHS to conduct a study on Act: S. 1211, to designate the facility of the United the scope and potential impacts of the provisions States Postal Service located at 60 School Street, Or- that require the use of safer processes or chemicals chard Park, New York, as the ‘‘Jack F. Kemp Post on manufacturers or retailers of pesticide or fertilizer; 2 Office Building’’, by a ⁄3 yea-and-nay vote of 408 Page H12525 yeas with none voting ‘‘nay’’, Roll No. 868. Halvorson amendment (No. 9 printed in H. Rept. Pages H12497–98 111–327) that permits the Secretary to provide Chemical Facility Anti-Terrorism Act of 2009: guidance, tools, methodologies, or software to assist The House passed H.R. 2868, to amend the Home- small covered chemical facilities in complying with land Security Act of 2002 to extend, modify, and re- the security requirements; Pages H12527–28 codify the authority of the Secretary of Homeland Foster amendment (No. 10 printed in H. Rept. Security to enhance security and protect against acts 111–327) that directs the Secretary to establish ap- of terrorism against chemical facilities, by a recorded propriate protocols and security procedures for cov- vote of 230 ayes to 193 noes, Roll No. 875. Consid- ered chemical facilities that are also Universities and eration of the measure began on Thursday, Novem- Academic labs, separate from commercial chemical ber 5th. Pages H12498–H12535 facilities; and Pages H12528–29 Rejected the Dent motion to recommit the bill to Thompson (MS) manager’s amendment (No. 1 the Committee on Homeland Security with instruc- printed in H. Rept. 111–327) that makes a number tions to report the same back to the House forthwith of technical corrections and fixes typos and verbiage

VerDate Nov 24 2008 06:40 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD09\D06NO9.REC D06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1305 issues (by a recorded vote of 253 ayes to 168 noes, Roll No. 869). Pages H12515–17, H12529–30 Committee Meetings Rejected: COMMITTEE PRINT—FINANCIAL Barton (TX) amendment (No. 2 printed in H. STABILITY IMPROVEMENT ACT OF 2009 Rept. 111–327) that sought to place provisions in Committee on Financial Services: Continued consider- the bill allowing the new Federal chemical facility ation of the Committee Print of the Financial Sta- regulations enacted by this bill to preempt state and bility Improvement Act of 2009. local laws that ‘‘hinder, pose obstacles to, or frustrate Will continue November 17. the purpose of the federal program’’ (by a recorded PROHIBITING IMPORTS OF PYTHON vote of 165 ayes to 262 noes, Roll No. 870); SNAKES Pages H12517–19, H12530 Dent amendment (No. 4 printed in H. Rept. Committee on the Judiciary: Subcommittee on Crime, 111–327) that sought to strike Title I, affecting Terrorism, and Homeland Security held a hearing on chemical facilities, and replace it with an extension H.R. 2811, To amend title 18, United States Code, of the Department of Homeland Security’s current to include constrictor snakes of the species Python regulatory authority under section 550(b) of the De- genera as an injurious animal. Testimony was heard partment of Homeland Security Appropriations Act, from Representative Meek of Florida; Dan Ashe, 2007 (by a recorded vote of 186 ayes to 241 noes, Deputy Director, Fish and Wildlife Service, Depart- ment of the Interior; and public witnesses. Roll No. 871); Pages H12520–22, H12530–31 Dent amendment (No. 5 printed in H. Rept. THE ‘‘AFFORDABLE HEALTH CARE FOR 111–327) that sought to strike section 2111, which AMERICA ACT’’ AND THE ‘‘MEDICARE requires assessments and implementation of methods PHYSICIAN PAYMENT REFORM ACT OF to reduce the consequences of a terrorist attack (by 2009’’ a recorded vote of 193 ayes to 236 noes, Roll No. The Committee on Rules: granted, by a record vote of 872); and Pages H12522–24, H12531–32 6 to 4, a rule providing for consideration of H.R. McCaul amendment (No. 8 printed in H. Rept. 3962, the Affordable Health Care for America Act, 111–327) that sought to strike the citizen enforce- under a structured rule. The rule provides four hours ment section of the bill (by a recorded vote of 196 of debate in the House to be equally divided and ayes to 232 noes, Roll No. 873). controlled by the chair and ranking minority mem- Pages H12526–27, H12532 ber of the Committee on Energy and Commerce, the Agreed that the Clerk be authorized to make chair and ranking minority member of the Com- technical and conforming changes to reflect the ac- mittee on Ways and Means, and the chair and rank- tions of the House. Page H12535 ing minority member of the Committee on Edu- H. Res. 885, the rule providing for consideration cation and Labor. The rule waives all points of order of the bill, was agreed to on Thursday, November against consideration of the bill except for clauses 9 5th. and 10 of rule XXI. The rule provides that the amendment printed in Presidential Message: Read a message from the part A of the Rules Committee report, perfected by President wherein he notified Congress that the na- the modification printed in part B of the report, tional emergency with respect to the proliferation of shall be considered as adopted. The rule waives all weapons of mass destruction that was declared in Ex- points of order against provisions of the bill, as ecutive Order 12938, as amended, is to continue in amended and provides that the bill, as amended, effect for 1 year beyond November 14, 2009—re- shall be considered as read. ferred to the Committee on Foreign Affairs and or- The rule makes in order the further amendment dered printed (H. Doc. 111–75). Page H12535 printed in part C of the Rules Committee report if Quorum Calls—Votes: Four yea-and-nay votes and offered by Representative Stupak of Michigan or his seven recorded votes developed during the pro- designee, which shall be in order without interven- ceedings of today and appear on pages H12494, tion of any point of order except those arising under H12494–95, H12496–97, H12497–98, clause 9 of rule XXI, shall be considered as read, H12429–30, H12530, H12530–31, H12531–32, shall be separately debatable for 20 minutes equally divided and controlled by the proponent and an op- H12532, H12534 and H12534–35. There were no ponent, and shall not be subject to a demand for a quorum calls. division of the question. The rule makes in order the Adjournment: The House met at 9 a.m. and ad- further amendment in the nature of a substitute journed at 2:26 a.m. printed in part D of the Committee report, if offered

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The rule provides that during consideration of an Senate Chamber amendment printed in the Committee report accom- On Monday, at approximately 3 p.m., Senate will panying this rule, the Chair may postpone the ques- resume consideration of H.R. 3082, Military Con- tion of adoption as though under clause 8 of rule struction and Veterans Affairs Appropriations Act. XX. Also, at 4:30 p.m., Senate will begin consideration The rule also provides for consideration of H.R. of the nomination of Andre M. Davis, of Maryland, 3961, the Medicare Physician Payment Reform Act to be United States Circuit Judge for the Fourth of 2009 under a closed rule. The rule provides one Circuit, and after a period of debate, vote on con- hour of debate equally divided and controlled by the firmation of the nomination at 5:30 p.m. chair and ranking minority member of the Com- During the balance of the week, Senate may con- mittee on Energy and Commerce. The rule waives all sider any cleared legislative and executive business. points of order against consideration of the bill except for clauses 9 and 10 of rule XXI, and provides Senate Committees that the bill shall be considered as read. The rule (Committee meetings are open unless otherwise indicated) waives all points of order against provisions of the Committee on Banking, Housing, and Urban Affairs: No- bill. The rule provides one motion to recommit with vember 10, Subcommittee on Housing, Transportation or without instructions. The rule provides that in and Community Development, to hold hearings to exam- the engrossment of H.R. 3961, the Clerk shall add ine ending veterans’ homelessness, 10 a.m., SD–538. the text of H.R. 2920, as passed by the House, as November 10, Full Committee, to hold hearings to ex- new matter at the end of H.R. 3961. Testimony was amine protecting consumers from overdraft fees, focusing heard from Chairmen Rangel and George Miller of on the Fairness and Accountability in Receiving Over- California; Representatives Pallone, Stupak, Berkley, draft Coverage Act, 3 p.m., SD–538. Committee on the Budget: November 10, to hold hearings Jackson-Lee of Texas, Kagen, Klein of Florida, John- to examine bipartisan process proposals for long-term fis- son of Georgia, Kaptur, Dahlkemper, Barton of cal stability, 9:30 a.m., SD–608. Texas, Deal of Georgia, Walden, Burgess, Committee on Energy and Natural Resources: November Blackburn, Gingrey of Georgia, Scalise, Pitts, Camp, 10, to hold hearings to examine policy options for reduc- Brady of Texas, Kline of Minnesota, McKeon, Roe ing greenhouse gas emissions, 10 a.m., SD–366. of Tennessee, Sessions, Foxx, Emerson, Kirk, Lipin- Committee on Environment and Public Works: November 9, ski, Fleming, Smith of New Jersey, and King of Subcommittee on Water and Wildlife, to hold hearings Iowa. to examine S. 1816, to amend the Federal Water Pollu- tion Control Act to improve and reauthorize the Chesa- peake Bay Program, and S. 1311, to amend the Federal Water Pollution Control Act to expand and strengthen Joint Meetings cooperative efforts to monitor, restore, and protect the resource productivity, water quality, and marine ecosystems EMPLOYMENT of the Gulf of Mexico, 3 p.m., SD–406. Joint Economic Committee: Committee concluded a Committee on Finance: November 10, to hold hearings to hearing to examine the employment situation for examine climate change legislation, focusing on consider- October 2009, after receiving testimony from Keith ations for future jobs, 10 a.m., SD–215. Hall, Commissioner, Bureau of Labor Statistics. Committee on Foreign Relations: November 10, to hold hearings to examine protocol Amending the Convention f between the Government of the United States of America and the Government of the French Republic for the COMMITTEE MEETINGS FOR SATURDAY, Avoidance of Double Taxation and the Prevention of Fis- NOVEMBER 7, 2009 cal Evasion with Respect to Taxes on Income and Capital, signed at Paris on August 21, 1994, as Amended by the (Committee meetings are open unless otherwise indicated) Protocol signed on December 8, 2004, signed January 13, 2009, at Paris, together with a related Memorandum of Senate Understanding, signed January 13, 2009 (Treaty Doc. No meetings/hearings are scheduled. 111–04), protocol Amending the Convention between the

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United States of America and New Zealand for the the results of its investigation into the disappearance of Avoidance of Double Taxation and the Prevention of Fis- Robert Levinson with the Federal Bureau of Investigation, cal Evasion With Respect to Taxes on Income, signed on Hague Convention on the International Recovery of Child December 1, 2008, at Washington (Treaty Doc. 111–03), Support and Other Forms of Family Maintenance, adopt- convention Between the Government of the United States ed at The Hague on November 23, 2007, and signed by of America and the Government of Malta for the Avoid- the United States on that same date (Treaty Doc. ance of Double Taxation and the Prevention of Fiscal 110–21), the nominations of Jose W. Fernandez, of New Evasion with Respect to Taxes on Income, signed on Au- York, to be Assistant Secretary for Economic, Energy, and gust 8, 2008, at Valletta (Treaty Doc. 111–01), treaty Business Affairs, William E. Kennard, of the District of between the Government of the United States of America Columbia, to be Representative of the United States of and the Government of the Republic of Rwanda Con- America to the European Union, with the rank and status cerning the Encouragement and Reciprocal Protection of of Ambassador, John F. Tefft, of Virginia, to be Ambas- Investment, signed at Kigali on February 19, 2008 (Trea- sador to Ukraine, Michael C. Polt, of Tennessee, to be ty Doc. 110–23), and international Treaty on Plant Ge- Ambassador to the Republic of Estonia, and Cynthia netic Resources for Food and Agriculture, adopted by the Stroum, of Washington, to be Ambassador to Luxem- Food and Agriculture Organization of the United Nations bourg, all of the Department of State, and James LaGarde on November 3, 2001, and signed by the United States Hudson, of the District of Columbia, to be United States on November 1, 2002 (the ‘‘Treaty’’) (Treaty Doc. Director of the European Bank for Reconstruction and 110–19), 9 a.m., SD–419. Development, and routine lists in the Foreign Service, November 10, Full Committee, to receive a briefing on 2:15 p.m., S–116, Capitol. Sudan, 10:30 a.m., SVC–217. Committee on Health, Education, Labor, and Pensions: No- November 10, Full Committee, business meeting to vember 10, Subcommittee on Children and Families, to consider S. 1524, to strengthen the capacity, trans- hold hearings to examine H1N1 and paid sick days, 9:30 parency, and accountability of United States foreign as- a.m., SD–430. sistance programs to effectively adapt and respond to new Committee on Homeland Security and Governmental Affairs: challenges of the 21st century, S. 1739, to promote free- November 10, to hold hearings to examine the nomina- dom of the press around the world, S. 1067, to support tions of Erroll G. Southers, of California, to be Assistant stabilization and lasting peace in northern Uganda and Secretary of Homeland Security, and Daniel I. Gordon, of areas affected by the Lord’s Resistance Army through de- the District of Columbia, to be Administrator for Federal velopment of a regional strategy to support multilateral Procurement Policy, 10 a.m., SD–342. efforts to successfully protect civilians and eliminate the Committee on the Judiciary: November 10, to hold hear- threat posed by the Lord’s Resistance Army and to au- ings to examine strengthening our criminal justice sys- thorize funds for humanitarian relief and reconstruction, tem, focusing on extending the Innocence Protection Act, reconciliation, and transitional justice, proposed legisla- 10 a.m., SD–226. tion deploring the rape and assault of women in Guinea Select Committee on Intelligence: and the killing of political protesters, H. Con. Res. 36, November 10, to hold calling on the President and the allies of the United closed hearings to consider certain intelligence matters, States to raise in all appropriate bilateral and multilateral 2:30 p.m., S–407, Capitol. fora the case of Robert Levinson at every opportunity, House Committees urging Iran to fulfill their promises of assistance to the family of Robert Levinson, and calling on Iran to share No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, November 9 9 a.m., Saturday, November 7

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Saturday: Consideration of H.R. 3962— morning business (not to extend beyond 3 p.m.), Senate Affordable Health Care for America Act (Subject to a will resume consideration of H.R. 3082, Military Con- Rule). struction and Veterans Affairs Appropriations Act. Also, at 4:30 p.m., Senate will begin consideration of the nomination of Andre M. Davis, of Maryland, to be United States Circuit Judge for the Fourth Circuit, and after a period of debate, vote on confirmation of the nomination at 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Gerlach, Jim, Pa., E2734, E2735 Meek, Kendrick B., Fla., E2742 Gingrey, Phil, Ga., E2742 Moran, James P., Va., E2748 Alexander, Rodney, La., E2735, E2735 Granger, Kay, Tex., E2736 Pence, Mike, Ind., E2733 Austria, Steve, Ohio, E2740 Green, Al, Tex., E2738, E2747 Poe, Ted, Tex., E2737 Bachmann, Michele, Minn., E2746 Hare, Phil, Ill., E2748 Rahall, Nick J., II, W.Va., E2744 Barrett, J. Gresham, S.C., E2745 Hastings, Doc, Wash., E2736 Berman, Howard L., Calif., E2743, E2747 Hensarling, Jeb, Tex., E2736 Ross, Mike, Ark., E2734 Blackburn, Marsha, Tenn., E2733 Herseth Sandlin, Stephanie, S.D., E2733 Sa´ nchez, Linda T., Calif., E2741 Brady, Kevin, Tex., E2739, E2739 Hodes, Paul W., N.H., E2746 Sarbanes, John P., Md., E2744 Capuano, Michael E., Mass., E2743 Holt, Rush D., N.J., E2749 Schiff, Adam B., Calif., E2741 Clyburn, James E., S.C., E2749 Johnson, Eddie Bernice, Tex., E2737 Shuster, Bill, Pa., E2739, E2740 Coffman, Mike, Colo., E2747 Johnson, Sam, Tex., E2735, E2741, E2747 Thompson, Mike, Calif., E2745 Courtney, Joe, Conn., E2742 Larson, John B., Conn., E2746 Tiahrt, Todd, Kans., E2734 DeLauro, Rosa L., Conn., E2738 Levin, Sander M., Mich., E2735, E2740, E2743, E2744 Walden, Greg, Ore., E2734 Ellsworth, Brad, Ind., E2735, E2748 Loebsack, David, Iowa, E2739 Wittman, Robert J., Va., E2736 Eshoo, Anna G., Calif., E2738 Lungren, Daniel E., Calif., E2748 Etheridge, Bob, N.C., E2737 McCollum, Betty, Minn., E2745 Woolsey, Lynn C., Calif., E2740, E2741, E2747 Farr, Sam, Calif., E2738, E2750 McMorris Rodgers, Cathy, Wash., E2746 Yarmuth, John A., Ky., E2740 Fattah, Chaka, Pa., E2736 Mack, Connie, Fla., E2746 Young, Don, Alaska, E2737, E2745

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