June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15337 SENATE—Wednesday, June 17, 2009

The Senate met at 9:30 a.m. and was for the transaction of morning business to do this to stop a worldwide depres- called to order by the Honorable TOM for an hour. Senators will be allowed to sion, and we have done that. As Chair- UDALL, a Senator from the State of speak for up to 10 minutes each. Repub- man Bernanke said, the crops have New Mexico. licans will control the first half and been planted and the shoots are now the majority will control the second 30 appearing out of the ground. PRAYER minutes. Following morning business, We went on to pass a procurement The Chaplain, Dr. Barry C. Black, of- the Senate will resume consideration bill—extremely important—to rein in fered the following prayer: of the motion to proceed to the Travel the excessive expenses of what has Let us pray. Promotion Act postcloture. Following taken place in years past with the Pen- Almighty God, eternal and unchange- adoption of the motion to proceed to tagon, overspending money we give able, we pray for this Nation, its peo- the travel bill later this afternoon, we them; that is, something is supposed to ple, and its institutions in these chal- will turn to the emergency supple- cost this much and winds up costing lenging times. If we have forsaken You, mental appropriations conference re- twice as much. do not abandon us. If we have sinned, port. We were able to pass national service forgive us. If we have been mistaken, I am disappointed that we are again legislation, allowing 750,000 people in correct us. Lord, let Your grace be suf- wasting time on a heavily bipartisan America to be involved in public serv- ficient for all our needs. Lift the efforts bill, the Travel Promotion Act, which ice, dealing with the environment, of this body into the higher reaches of has wide support by both the Demo- health care, the poor. During the 7,000 Your kingdom, guiding and strength- crats and Republicans. But the Repub- hours they volunteer, they get a small ening our Senators in the discharge of licans forced us to have a vote on clo- stipend. When they finish, they get an their duties. Bless their work as You ture to allow us to get on the bill. All amount of money to help with their strengthen them by Your spirit to the Republicans voted for it. They are college education. honor You. filibustering things they even agree Credit card legislation—so impor- We pray in Your great Name. Amen. with just to stall for time. This is 30 tant—we finally were able to do it. After years of talking about doing it, f hours we could use to do a lot of good. I don’t know what would be the ration- we did it to stop the ripoffs of these PLEDGE OF ALLEGIANCE ale for wasting this time. Maybe they credit card companies and what they The Honorable TOM UDALL led the don’t want President Obama to com- were doing to hurt Americans—all Pledge of Allegiance, as follows: plete more legislation through us. It is Americans. I pledge allegiance to the Flag of the beyond my ability to comprehend why We passed tobacco legislation. I can United States of America, and to the Repub- we would waste this time. remember, when I was working in the lic for which it stands, one nation under God, It has been written and talked about Capitol of the United States going to indivisible, with liberty and justice for all. that this is the most accomplished law school, the Surgeon General came f Congress since the first year of the out with the first report that smoking Roosevelt administration. I don’t have was bad for you. Some people thought APPOINTMENT OF ACTING before me all the legislation we have that was the case, but the Surgeon PRESIDENT PRO TEMPORE done, but I am going to try to recall General of the United States said it The PRESIDING OFFICER. The some of the things we have done. will kill you. We have been trying ever clerk will please read a communication We passed the lands bill, the most since then to get control of tobacco. to the Senate from the President pro significant environmental legislation After all these years, we did it. tempore (Mr. BYRD). in more than a quarter of a century, We have been able to work on other The assistant legislative clerk read creating more than 2 million acres of important pieces of legislation—finan- the following letter: wilderness, 1,000 miles of scenic rivers, cial fraud, reported out of the Judici- U.S. SENATE, hundreds of miles of trails, and many ary Committee, which stops scams tak- PRESIDENT PRO TEMPORE, other good things in this very impor- ing place on people who are about to Washington, DC, June 17, 2009. tant legislation. begin foreclosure, taking advantage of To the Senate: We passed the Lilly Ledbetter legis- people who are in a time of distress. We Under the provisions of rule I, paragraph 3, lation equalizing pay between men and passed a lot of housing legislation that of the Standing Rules of the Senate, I hereby appoint the Honorable TOM UDALL, a Senator women. is important to allow people to stay in from the State of New Mexico, to perform We passed the Children’s Health In- their homes. Have we stopped it all? Of the duties of the Chair. surance Program which had been ve- course not. But we have done a pretty ROBERT C. BYRD, toed by President Bush on several oc- good job at that. President pro tempore. casions. Now more than 14 million chil- We are now arriving at a point where Mr. UDALL of New Mexico thereupon dren can go to the doctor when they we are going to pass the supplemental assumed the chair as Acting President are sick or hurt. appropriations bill, which is very im- pro tempore. We passed the economic recovery portant, to fund our troops. This is the f package. Twenty-five percent of that last time we will have to do this be- money is out. The rest is coming. cause President Obama is honest with RECOGNITION OF THE MAJORITY We passed the omnibus spending his budgeting. The cost of the war is in LEADER bill—very important legislation which his budget. It was never in President The ACTING PRESIDENT pro tem- had been held up by the Bush adminis- Bush’s budget. For the 8 years he was pore. The majority leader is recog- tration. We spent $1.2 trillion of the President, he never put it in his budg- nized. people’s money within a period of 3 et. We had to come back and do supple- f weeks. Why did we do that? We did it mental emergency appropriations bills because Mark Zandi, among others, to fund our troops. SCHEDULE Senator MCCAIN’s chief economic ad- It is interesting to note, all but five Mr. REID. Mr. President, following viser, Republican economists, and Republicans in the House of Represent- leader remarks, we will be in a period Democratic economists told us we had atives voted against funding the troops

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

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15338 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 yesterday. It will be interesting to see In this letter, I especially asked Re- As I said in my letter this April, in what happens here. Are my Republican publican colleagues to focus on the order for this bipartisan process to colleagues going to join with us to fund concrete and critical crisis that affects take root, Republicans must dem- the troops? I think so. I certainly hope children, families, and small businesses onstrate a sincere interest in legis- so. every day—a parent cannot take a lating. I hope they do so because one We have accomplished a lot more child to a doctor because insurance way or another, we are going to get than what I have just outlined, but we does not exist or is prohibitively expen- health care reform done. have done it by reaching out to the Re- sive; a family lives one accident or ill- Thank you, Mr. President. publicans. We have not gotten a lot of ness away from financial ruin; small f help from the Republicans, but we have businesses lay off employees because RECOGNITION OF THE MINORITY gotten enough to pass bills. For exam- they cannot afford skyrocketing health LEADER ple, on the economic recovery package, care premiums. We hear those stories we needed 2, and neither one of the 2 every time we go home. The ACTING PRESIDENT pro tem- would be the 60th vote, so we had to get I asked in that letter that we use the pore. The Republican leader is recog- 3, and we got 3. I appreciate very much short and valuable time we have to nized. the courage of Senators SPECTER, work together in our common interest f SNOWE, and COLLINS in doing that. It rather than against each other and HEALTH CARE was good for their States and good for against the interests of the American Mr. MCCONNELL. Mr. President, ear- people. I wish I could say Republicans our country. We have reached out to lier this year, the new administration the Republicans time and time again. answered those words with deeds of proposed and Democrats in Congress f equal good faith. But how have they re- approved an economic stimulus bill sponded regarding health care? Have HEALTH CARE DEBATE that was meant to lift the economy at they taken the hand we have extended a time of massive job losses and wide- Mr. REID. Mr. President, we began across the aisle? No. Have they taken spread economic hardship. Not only this year dedicated to delivering the the seat we offered at the negotiating was the bill enormously complex, it change the American people demanded table? No. Have they engaged in a pro- was also one of the costliest pieces of in November. We began this Congress ductive debate about real people and legislation ever proposed. Yet those committed to making life better for real problems that relate to health who put it together insisted it be the middle class, for hard-working fam- care? No. Have they shown they are rushed to a vote. ilies who play by the rules. But the just as interested as we are in working Their reason, of course, was the eco- American people also demanded some- with each other rather than against nomic downturn was too dire to wait. thing more. They said that we, their each other? No. Have they told us a Trust us, they said; it is responsible, it leaders, should not be unwilling to single thing they are for rather than is needed, and it will work. So this in- work together. The challenges we face what they are against? No; it is always credibly complex, enormously expen- have left no one unscathed. We are all what they are against. In fact, ‘‘no’’ is sive bill, introduced on January 26, was in this hole together, and the only way all we hear from the Republicans these passed less than 3 weeks later, just 24 we climb out of this hole is by doing so days. Instead of debating facts, Repub- hours—24 hours—after all its details together. licans have committed themselves to a had been disclosed to the public for re- When the American people spoke last strategy of misinformation and mis- view. year, they gave us, above all, a man- representation. At the time, I argued that spending date for bipartisanship. It was in that We have different priorities. We are this much borrowed money in the mid- spirit that I wrote my Republican col- committed to lowering the high cost of dle of a recession on a bill that had leagues this spring. In that letter, I health care, ensuring every American been rushed to the floor was extremely said one of the best ways to lift our has access to that quality, affordable irresponsible. At a time when millions economy is to keep down health care care and letting people choose their were struggling to make ends meet, costs. Almost 50 million Americans own doctors, hospitals, and health Washington had no business borrowing have no health care, and the problem plans. We are committed to protecting hundreds of billions of dollars to pay grows worse every day. existing coverage when it is good and for government golf carts and ATV Every day, more Americans go bank- improving it when it is not and guaran- trails in the name of economic stim- rupt or lose their homes just trying to teeing health care for millions, includ- ulus. This week, Senator COBURN has stay healthy. Even those fortunate ing 9 million children who have none. catalogued some of the other outrages enough to have insurance pay a hidden I don’t believe doing nothing is an that are contained in this bill. Here are tax for those who do not. What does option because the costs of doing noth- just a few: that mean? It means 50 million people, ing are too great. We must pass health The town of Union, NY, received a when they get sick or hurt, go to the care reform this year. As we said at the $578,000 grant that it didn’t request for nearest emergency room. That emer- start of this year, at the start of this a homeless problem it claims it does gency room may be across the street or work period, at the start of this debate, not have. Florida is planning to spend 50 miles from where they are, but that we will continue doing our best to $3.4 million in stimulus money to build is where they go. That increases the work with Republicans and pass a bi- a 13-foot turtle tunnel at Lake Jack- cost of every one of our health insur- partisan bill. son. That is more than a quarter of a ance policies, it increases the cost of In spite of the past, I remain opti- million dollars per foot. This one takes the doctor bills we get, the hospital mistic that both Republicans and the cake. In North Carolina, $40,234 in bills we get, and indigent taxes. If your Democrats recognize how urgent this Federal stimulus money will pay for family has health care, you pay at health care debate is. The health of our the salary—the salary—of someone least $1,000 more than you would if all citizens and our economy is at stake, whose job is to lobby for more stimulus other families had health care. and neither will be able to recover if we money. That is $40,234 to pay someone In that letter, I expressed my sincere wait. But as important as bipartisan- to lobby for more stimulus money. hope that Republicans would work ship is—and it is important—it is not This would be comical if it weren’t so with us to respond to this emergency. I as critical as helping the nearly 50 mil- maddening and if these projects hadn’t extended my hand. I asked for their lion Americans who have nowhere to been sold to the American people as help. Although I knew we would dis- turn, the other 20 million who have bad the answer to our economic problems agree at times, I told them I looked insurance, and the rest of America, and if the administration hadn’t as- forward to an open and honest dialog which is paying at least $1,000 more for sured us it would make sure every cent about how to help struggling Ameri- their insurance policy as a result of of this money was spent efficiently and cans. people having no insurance. without waste. But that was then.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15339 The administration had promised not a government takeover disguised A 2003 HHS report estimated the cost since January it would keep an eye on as a reform that takes away the care of defensive medicine to be between $70 how precious tax dollars were spent. they have, replaces it with something billion and $126 billion a year. Put that But just months after the stimulus was worse, and costs untold trillions that in the light of the report that is in the signed into law, it was already admit- they and their grandchildren will have Washington Post this morning, which ting funds would be wasted and people to pay through higher taxes and even states that CBO says Obama’s health were being scammed. more debt. plan needs spending controls. It goes In January and February, adminis- The administration admits it made a on to say of President Obama’s plan to tration economists took to the talk mistake on its predictions about the expand health coverage to the unin- shows promising that the stimulus stimulus. We shouldn’t make the same sured: would create 3 to 4 million jobs. They mistake again when it comes to health It is likely to dig the Nation deeper into said that if we passed the stimulus, the care. debt unless policymakers adopt politically unemployment rate would now be I yield the floor. painful controls on spending, such as sharp about 8 percent. But just a few months reductions in payments to doctors, hospitals f later, with job losses continuing to and other providers. mount, the administration admits RESERVATION OF LEADER TIME There is a way to save about $100 bil- lion a year—$100 billion a year. Be- their early predictions were simply a The ACTING PRESIDENT pro tem- guess and that they guessed wrong. cause if it were updated, the cost esti- pore. Under the previous order, the mate would likely increase to $100 bil- Today, the unemployment rate stands leadership time is reserved. at 9.4 percent. Just yesterday, the ad- lion to $180 billion a year. Where is it ministration said it expects unemploy- f in this bill? It is nowhere. It is no- where. That is a testament to trial ment to climb even higher. MORNING BUSINESS The $1 trillion they said was abso- lawyers of America. The ACTING PRESIDENT pro tem- lutely necessary to jump-start the On Monday, before a receptive crowd pore. Under the previous order, there economy, and which was put on a fast at the American Medical Association, will now be a period of morning busi- track by an eager-to-please, Democrat- the President stuck his toe in the med- ness for 1 hour, with Senators per- ically led Congress, is now being called ical liability reform waters by ac- mitted to speak for up to 10 minutes a very bad guess by the very people knowledging that medical liability re- each, with the time equally divided and who proposed it. form is real. But the President also Now they are asking us to do it controlled between the two leaders or took caps on noneconomic damages off again, only this time it is even more their designees, with the Republicans the table by saying: than $1 trillion, and the consequences controlling the first half and the ma- Don’t get too excited yet, just hold onto could be far worse. jority controlling the final half. your horses here, guys . . . I want to be hon- The Senator from Arizona. est with you, I’m not advocating caps on The early estimates we are getting malpractice awards. for the health care proposal we have f This all but ensures that meaningful seen are that a portion of it—just a HEALTH CARE REFORM reform won’t happen. Today, the Wall portion of it—will be $1.3 trillion. This Street Journal stated in an opinion figure, staggering in itself, doesn’t Mr. MCCAIN. Mr. President, as we all piece: even account for the money that would know, health care dominates the agen- be needed to pay for expanding Med- da and the thoughts and efforts of the President Obama mentioned the medical Congress of the United States, and it liability problem and . . . we suppose this is icaid and creating a new government- progress [but] Mr. Obama’s [call] might have run plan. No one can tell us where any has to be addressed. It is a historic op- had more credibility had he not specifically of this money will come from. portunity to achieve the health re- ruled out the one policy to deter frivolous Yet similar to the stimulus, we are forms Americans need today more than suits. being told, in the most urgent tones, ever. We need fundamental reforms— Without caps on medical malpractice that this government takeover of reforms that not only help people get awards, ‘‘the tort lottery will con- health care is absolutely necessary, affordable health care coverage but re- tinue.’’ and we have to approve it as soon as forms that bring down the cost of Interestingly, my neighboring State possible, without review, without health care. of California addressed this precise knowing the full cost, and without Given the enormous cost associated problem in 1975 by passing legislation knowing how it will affect people’s with the bill that has been proposed, I that capped jury awards for ‘‘non- lives. Once again, it is rush and spend have called on the other side to scrap economic damages,’’ such as pain and and rush and spend and a tidal wave of the bill and start from scratch. We suffering, from medical malpractice debt. have to get it right. It shouldn’t be a lawsuits. Not only does this cap reduce Everyone in America knows health partisan process that forces a bad bill the amount of damages, but it has had care reform is needed in this country, through committee. In starting over, the effect of deterring lawsuits. Mal- but they want us to do it right. They we must address the fundamental com- practice filings have fallen in almost do not want a blind rush to spend tril- ponents of health care reform, includ- every county in California. According lions—trillions—of dollars in the hope ing the major drivers of increasing to a 2004 RAND study, this has led to that the administration gets it right. health care costs. awards in medical malpractice lawsuits During the debate over the stimulus, One of the main factors keeping being 30 percent less than other States. we were told we had to pass it right health care cost trends too high is de- Such a cap is sure to also lead to lower away, with just 24 hours to review—or fensive medicine. Many medical practi- medical malpractice insurance rates. $42 billion an hour—for the sake of the tioners order additional procedures for Not only do you have a reduction in economy. Now we are being told we fear of litigation, which drives up the the number of suits themselves, a re- need to approve a particular set of medical malpractice insurance costs duction in awards, but you can imagine health care reforms for the sake of the faced by so many in the medical profes- the costs that have been saved because economy, but we have no bill. We have sion. Medical liability insurance is a doctors no longer feel compelled to no idea of its total cost. Yet it is rush, direct result of out-of-control lawsuits practice defensive medicine, thereby rush, rush. that force physicians to practice defen- prescribing unnecessary and unneeded We have heard all this before. We sive medicine to avoid these often cost- tests and procedures simply to protect have made this mistake already. Amer- ly and baseless liability lawsuits. Any themselves in court from medical mal- icans will not be rushed into another legislation reforming our health care practice one. Americans do want health care re- system is incomplete if it doesn’t ad- There are plenty of ideas that should form, but they want the right reform, dress this important issue. be considered. Caps on noneconomic

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15340 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 damages, health courts, and national As we go to work on health care re- not include the government health in- standards of care are just a few form, these are the things we should surance option. It doesn’t include the thoughtful concepts. In State mal- keep in mind. We would want to be able employer mandate. practice reform over the years, we have to say to the American people that we The Baucus bill, we are told, accord- demonstrable success stories that cap- are interested in all 300 million of you, ing to press reports, in the Finance ping noneconomic damages brings not just the 47 million uninsured; that Committee, may cost $1.5 trillion over down the cost of malpractice insur- our goal is to provide for each one of the next 10 years and an independent ance. California and Texas both have you a health care plan that you can af- study released yesterday says the Ken- reformed malpractice to stem the tide ford, a plan in which you and your doc- nedy bill may mean $4 trillion. The Na- of doctors leaving their States. tor—not Washington, DC—make the tional Governors Association says Med- There is also intriguing ideas involv- decisions, a plan that emphasizes pre- icaid itself will add a half trillion dol- ing health courts—courts focused only vention and wellness. We want to give lars to the State costs over the next 10 on health disputes, with specially low-income Americans the same kind years if reimbursement rates are in- trained judges having expertise in of health plan that most Americans al- creased as they are proposed to be in- health court adjudication to make in- ready have. We do not want to make it creased. This is on top of what the jury compensation decisions. harder for American businesses to com- Washington Post said earlier this week Some have also pushed for a concept pete in the world marketplace by add- is a set of proposals by the Obama ad- establishing a national standard of ing to their costs. And we do want a ministration that would add nearly care. The concept envisions estab- plan that your children and your three times as much to the national lishing specific clinical practice guide- grandchildren can afford so they are debt over the next 10 years as we spent lines that doctors would be required to not saddled with a massive debt that in all of World War II. This bill, I am sorry to say, is abso- follow and enforced by the Department devalues the dollars they earn and the lutely not a bipartisan bill. We are hav- of Health and Human Services. Sup- quality of their lives. porters believe this approach might re- As the President has repeatedly said, ing a bipartisan discussion. We are all very friendly and civil to one another. duce liability concerns. the best way for us to realize all those CHRIS DODD is doing a tremendous job These are but three examples that objectives is to fashion this health care of sitting in for Senator KENNEDY. We can be considered on both sides of the reform in a truly bipartisan way. The all like him, but we know what a bipar- aisle. There are other ideas we would bill we are marking up today in the tisan bill is, it is when 15 or 20 of us be well served to consider. HELP committee is not ready to be When health care costs are said to be from different sides of the aisle sit considered. We do not have the details driven up by over $100 billion and up to around a table and start from scratch of the bill. We do not know the costs of 40 percent of medical liability lawsuits and take our best ideas and put it to- the bill—even though the President, being entirely groundless, don’t you gether and get 60 or 70 or 75 votes for within the last few days, has said that think the other side would have some something. We have done it many pay-as-you-go rule is important. If we provision in their bill to address this times on energy, on intelligence, but are going to spend a dollar, he said, we fundamental problem; maybe even a we are not doing it on this. We were ought to save a dollar. Or he might modest provision? Well, I am here to presented with a bill last Thursday, or tell you that the other side has yet to have said raise taxes a dollar. That is some of a bill, and told: This is it. This suggest any provision to address med- what the President said. So surely we is the way we are going to do it. We are ical malpractice reforms. Shocking. It are not going to mark up a bill or fin- going to have a lot of discussion about should be addressed, and it must be ad- ish marking it up until we know ex- it but this is the way we should do it. dressed as part of real health reform. actly whether we are going to have to We should start over. If we start over I suggest the absence of a quorum. save a dollar or tax a dollar or how based on the discussions we have al- The ACTING PRESIDENT pro tem- many dollars we will need to save or ready had, we should be able to agree pore. The clerk will call the roll. tax in order to pass the bill. that every American should be covered. The assistant legislative clerk pro- This we do know about the legisla- We should be able to agree that it ceeded to call the roll. tion our committee is considering. should be at a cost each American Mr. ALEXANDER. Mr. President, I There are 47 million Americans unin- could afford. We should be able to ask unanimous consent the order for sured today; it leaves 30 million of agree that preexisting conditions do the quorum call be rescinded. them still uninsured. We know that it not disqualify you, and that prevention The ACTING PRESIDENT pro tem- expands one failing government pro- and wellness is encouraged. We should pore. Without objection, it is so or- gram, Medicaid, and creates another, be able to agree that low-income indi- dered. putting Washington in between you viduals have the same choices, same Mr. ALEXANDER. Mr. President, and your doctor. It reduces the ability opportunities for health insurance that today in the Health, Education, Labor of employers to give incentives for the rest of us do. And we should be able and Pensions—HELP—Committee of wellness and prevention—it doesn’t in- to agree that Americans should have the Senate, after several days of dis- crease it, it reduces it. It freezes 58 mil- choices. cussions, we are beginning to work on lion low-income Americans into a Med- On all of those things we ought to be the health reform legislation that was icaid Program that offers sporadic, able to agree, if we were starting from proposed by our chairman, Senator substandard care; is so expensive it will scratch. If we do all those things, why KENNEDY. As we begin our work today, literally bankrupt States; and our Gov- do we need to create a so-called gov- I want to suggest that we put aside the ernment Accountability Office has told ernment-run insurance plan? That is legislation we were working on and us it wastes $1 for every $10 it spends— the big difference of opinion we have in that we start over because the Kennedy that is $32 billion a year, three-fourths the committee and I believe on the bill we are dealing with is so flawed as much as we spend on all the pre- Senate floor. A government-run insur- and expensive that it cannot be fixed. scription drugs for senior Americans. ance plan inevitably leads to a Wash- There are better proposals available for According to unbiased government ington takeover, of which we are hav- us to work on, proposals advanced by officials, its additions to the national ing far too many these days: Wash- Senator BURR, by Senator COBURN, debt are astronomical. The Congres- ington takeovers of banks, Washington there is a bipartisan proposal that Sen- sional Budget Office told us yesterday takeovers of insurance companies, ator WYDEN and Senator BENNETT have that the Kennedy bill, so far as it is Washington takeovers of student loans, offered, and Senator HATCH, a former written, will add $1 trillion to the debt Washington takeover of car companies. chairman of the committee, is working over the next 10 years. That does not Why do we need a Washington takeover with a number of Senators on a pro- include the Medicaid expansion or the of our health system? And why would a posal that seems, to me, to be a much expansion of reimbursements for doc- government-run insurance plan lead to better base for a beginning. tors seeing Medicaid patients. It does a Washington takeover?

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15341 Think of it this way. It is like put- nessee, because Tennessee’s Medicaid Those are the ways to meet our ob- ting an elephant in a room with some pays physicians 70 percent of what jectives. So here are our objectives mice and saying: All right, fellows, Medicare pays physicians. And Medi- once more: We want to provide health compete. I think you know what would care pays physicians 80 percent of what coverage to 300 million Americans, not happen. After a little while only the private companies pay physicians. just to the 47 million uninsured. We elephant would be left. The elephant So the increased costs, just for Ten- want for you a health care plan that would be your only choice. nessee of the Medicaid expansion in the you can afford. We want for you a plan We have a very good example of what Kennedy bill, is $1.2 billion, according in which you and your doctor make the that elephant would look like. We call to our State Medicaid directors. If the decisions, not Washington, DC. We it Medicare, a program that every Federal Government has to pay the want a plan that emphasizes preven- State has, that the Federal Govern- whole thing, it is $3.5 billion. tion and wellness. We want a plan that ment pays 62 percent of and the State But then they are talking in the Fi- gives low-income Americans more of pays 38 percent, on the average, and it nance Committee about shifting those the same opportunities and choices for provides health care to low-income costs back after 5 years to the States. health care that most Americans al- Americans, those who are not on Med- So here comes a $1.2 billion bill to who- ready have. And we want a plan that icaid. ever is Governor of Tennessee in 2015. does not make it harder for American I would like to find a way to require Last thing, to put this into perspec- businesses to compete in the world every Senator who votes for expanding tive, they tried to pass an income tax marketplace by adding to their cost. Medicaid coverage to be required to go in Tennessee. Today, a 4-percent in- We want, in the end, a program, a home and serve as Governor of his or come tax would produce $400 million a health care program your grand- her home State for 8 years and try to year. We are talking about finding $1.2 children and your children can afford manage and pay for a Medicaid Pro- billion a year. and does not heap trillions of dollars of gram that is expanded to meet the The National Governors Association new debt up on them, that devalues the needs of what we are trying to do. The said increasing the Federal poverty dollar they will eventually earn, and only way you could like the Medicaid level to 150 percent would increase the the quality of their lives. Program is if you have been in Wash- cost to $360 billion over 10 years in all As the President has repeatedly said, ington a long time and you don’t have the States, and increases in Medicare the best way to do that is in a bipar- to manage it, you don’t have to pay for reimbursement would bring that total tisan way. But in order to do that, we it, and you don’t have to get your to half a trillion in all of the States. need to put aside the bill we are work- health care from it. That is on top of the trillion dollars ing on today in the HELP Committee Let me be very specific. The Med- that the Congressional Budget Office and start over again in a truly bipar- icaid Program—and I dealt with this has said Senator KENNEDY’s bill al- tisan way to meet those objectives. for years as Governor myself—is filled ready costs. I yield the floor and I suggest the ab- with lawsuits. It is riddled with Fed- One of the effects of this is it would sence of a quorum. eral court consent decrees from 25 absolutely destroy our public colleges The ACTING PRESIDENT pro tem- years ago that restrict the ability of and universities across the country. It pore. The clerk will call the roll. government and legislators to make is already damaging them, because The legislative clerk proceeded to improvements. It is filled with ineffi- Governors and legislators are finding call the roll. ciencies and delays that take a Gov- they barely have enough money to Mr. SPECTER. Mr. President, I ask ernor a year to get permission from keep up with increasing Medicaid unanimous consent that the order for Washington to do something 38 other costs. They have nothing left for col- the quorum call be rescinded. States are doing and, I mentioned, it leges and universities. So the quality The ACTING PRESIDENT pro tem- has intolerable waste of taxpayer dol- of the universities goes down and the pore. Without objection, it is so or- lars. The General Accounting Office tuition at the universities goes up. dered. says $32 billion, every year, is wasted Finally, Senators serving as a Gov- f in the Medicaid Programs. That is 10 ernor of their home State trying to JUDICIAL CONFIRMATIONS percent of all the money that is appro- manage an expanded Medicaid Program priated to it. would find that most of the people, Mr. SPECTER. Mr. President, I The second thing wrong with Med- maybe a majority, would find a hard sought recognition to comment on the icaid, what a Senator who goes home time getting service. Today, 40 percent forthcoming proceedings on the con- to serve as Governor would find out, it of doctors nationally do not provide firmation of Judge Sotomayor for the would require higher State taxes at a full service to Medicaid patients be- Supreme Court of the United States. time when States are making massive cause of the low reimbursement rates. Judge Sotomayor comes to this posi- cuts in services and are very nearly So any version of the bill we are now tion with an extraordinary record. Her bankrupt. The State of Tennessee, by considering in the Senate HELP Com- academic standing at Princeton was my own calculations—I believe it mittee will explode into complexity summa cum laude, a graduate of the would require a 10-percent new State and astronomical spending and will Yale Law School where she was a mem- income tax by the year 2015, if the Sen- never succeed. ber of the Yale Law Journal Board of ate were to take the Kennedy bill and There is a better way. There are sev- Editors. the Baucus draft and enact them eral better ways. Instead of stuffing Then in her practice, she was an as- today. low-income Americans into one failing sistant district attorney in Manhattan, Why would it do that? The State di- government health care program, Med- a position which gives very extensive rector of Medicaid in our State says if icaid, that now provides substandard experience in many facets of the law, we increase Medicaid coverage to 150 care and creating a new government- something I know in my own experi- percent of the Federal poverty level, run program, why do we not give low- ence years ago as an assistant district that costs the State of Tennessee $572 income Americans government grants attorney. million. If the Federal Government or subsidies so they can purchase pri- She was in private practice with a pays for that, the bill for the Federal vate insurance as is provided by the very prestigious New York law firm, Government for that increase is $1.6 Wyden-Bennett bill, for example, which then served on the U.S. District Court, billion, just for the Tennesseans cov- has a cost of zero to the taxpayers, ac- and more recently on the Court of Ap- ered. cording to the Congressional Budget peals for the Second Circuit. It would also increase the pay for Office; or the Coburn-Burr bill, or Sen- The hearings will give Judge Medicaid providers to 110 percent of ator GREGG’s bill, or the bill that Sen- Sotomayor an opportunity to respond what Medicare pays physicians. That ator HATCH is working on with Senator to a number of issues which have been would add another $600 million in Ten- CORNYN and others. raised about her background. I think

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Chairman LEAHY was correct in moving firmation hearings, it is my judgment integration. But after Brown v. Board the hearing dates so that the confirma- that they are very worthwhile, from of Education in 1954, there was no tion process could be concluded in time many points of view. doubt equal protection did mean inte- for Judge Sotomayor, if confirmed, to It presents an opportunity to have a gration. sit with the Court during September public focus on the appropriate role of The confirmation proceedings of when the Court will decide what cases the Supreme Court, a lot of very major Chief Justice Rehnquist were very in- it will hear. questions about the respective roles on formative. Chief Justice Rehnquist had A great deal of the important work of the separation of powers between the more than 30 votes cast against his the Supreme Court of the United courts and Congress, on fact finding, nomination in 1986. The issue arose as States is decided on what cases they and on the record. to the adequacy of his answering ques- decide not to hear. And perhaps that in There are important questions on the tions as to the role of the Supreme some ways is as important as the cases relative authority of the executive Court contrasted with the role of Con- they do hear, the cases they do decide. versus the Court on the issues of deten- gress. Chief Justice Rehnquist had It is during that period of time when tion, of habeas; important issues on the written an interesting article for the the decision is made of a grant of cer- relative power of the Congress versus Harvard Law Record, back in 1959, tiorari with four Justices deciding the executive, as exemplified by the when he was a young practicing attor- which cases to hear where the presence conflict between the Foreign Intel- ney, criticizing the Senate for the con- of a new Justice could be very impor- ligence Surveillance Act, and the pow- firmation hearings of Justice Whit- tant. ers of the President under article II of taker, not asking probing questions Confirmation hearings at an early the Constitution as Commander in about due process of law but only ex- stage will give Judge Sotomayor an op- Chief. tolling Justice Whittaker’s virtues be- portunity to respond to many ques- There are also hearings where it is a cause he represented both the State of Kansas and the State of Missouri, liv- tions which are highly publicized. It is public focus on a civics lesson as to ing in one State and practicing law in a very noteworthy matter when a what the Court does, and public atten- the other. When Chief Justice nominee is being considered for the Su- tion is focused on the Court. My pref- Rehnquist was asked questions about preme Court. There is a lot of pub- erence would be, as I have noted on leg- the authority of Congress to take away licity, and some of it is controversial. islation I have introduced, which has the jurisdiction of the Supreme Court, As a matter of fairness, the earlier a been passed out of the Judiciary Com- he answered, finally, that the Congress nominee can have an opportunity to re- mittee in prior congresses, to have the did not have the authority on first spond to those issues—a question has proceedings of the Supreme Court tele- amendment issues but declined to an- been raised about her decision on the vised under certain circumstances. swer about the fourth amendment, That has not yet been approved. But I New Haven firefighters case. Well, the fifth, sixth or eighth or to answer a think the day will come when the Su- nuances of disparate impact do not question as to why he would respond on lend themselves too well to brief news- preme Court hearings will be televised. the first amendment but not on others. paper articles nor sound bites on the I think they could be televised without There are some issues which are so talk shows. They are made for Supreme having showboating, and real insight firmly established that they are out- Court hearings. by the public as to what happens at the side the respected rule that we don’t Her decision on property rights fol- Supreme Court of the United States, ask nominees to say how they will de- lowing the Kelo decision has been sub- just as hearings of the House of Rep- cide upon cases that might come before jected to certain comment. There resentatives and the Senate are tele- them. But where we deal with issues again, the nuances require a hearing. vised. such as Marbury v. Madison or Brown Or her statement about ‘‘a wise Latina There are a lot of quorum calls, but v. Board of Education or the authority woman’’ has been widely commented there are debates that go on here for of the Congress to take away jurisdic- upon. And there again, she ought to the public to see, where very major tion of the Supreme Court in deroga- have an opportunity to speak to those matters of public policy are decided. tion of Marbury v. Madison, there are issues. At least the confirmation hearings do questions which ought to be answered. There have been some questions bring the role of the Court into focused The confirmation hearings provide an raised about her decisions under the hearings, I think, to a very beneficial opportunity to go into detail about the Second Amendment, membership in effect. functioning of the Court. A few years the Belizean Grove, and a lot of specu- We had the hearings on Judge Bork ago, when the issue of judicial pay was lation. So let’s bring on the hearings widely commented upon, very exten- before the Congress, a number of Sen- where there will be an opportunity for sive hearings on his writings, his view ators were invited to confer with the Judge Sotomayor to present her views. of original intent. There was an oppor- Justices. It provided an opportunity for Based on what I have studied in her tunity for the American people and the me to see the conference room. I had opinions, an extensive meeting which I scholars to see what was involved. been a member of the bar of the Su- had with her, she is a powerful intel- There has grown a myth that in that preme Court, argued a few cases there lect and prospectively she is likely to proceeding, the nominee was ‘‘Borked,’’ but had never seen their conference be able to have good comments. But turning his name into a verb. My own room. Frankly, it was quite an eye- that is what the confirmation process view is that is not so; that the decision opener—a small room, plain table, is all about. So let’s move forward on it made in rejecting the confirmation of modest chairs, very intimate, very aus- to the July hearing dates so we can Judge Bork turned on the record, tere, quite some insight as to how close consider her nomination and she can turned on what happened in the Judici- the Justices are together. When we have an opportunity to respond to ary Committee proceedings. When we talk about diversity, how long it took those issues. took a look at original intent, it was to get an African American on the There have been contrary views way outside the mainstream of con- Court, Thurgood Marshall did not go to about the value of confirmation hear- stitutional law, way outside the con- the Court until 1967. Justice Lewis ings. There are some who say they stitutional continuum. If we look to Powell made a comment reportedly have outlived their usefulness, pointing what Congress intended in 1868, when that just having Thurgood Marshall in historically to the fact that prior to the equal protection clause was passed the room made a difference in perspec- 1955 or thereabouts there were very few in the 14th amendment in this Cham- tive. Surprising, perhaps scandalous, confirmation hearings, only when there ber, the galleries were segregated. Afri- that it took until 1981 to have a woman was some extraordinary question. can Americans were on one side and on the Supreme Court. Now there have In recent decades the confirmation Caucasians were on another. So the in- only been two. When I was asked for hearings have been extensive. Having tent of Senators certainly could not recommendations for the current va- participated in some 11 of those con- have been that equal protection meant cancy, I recommended four women. To

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Justice and says, when the court takes over, it tion and improvement to the delibera- Souter commented, in disagreeing with is judicial lawmaking, which is some- tions here to have more women. An- Chief Justice Rehnquist, who said thing which is generally recognized to other woman on the Supreme Court there was an insufficient record, that be in an area which ought not to be would be a plus there, if Judge ‘‘the mountain of data assembled by transgressed. ‘‘Transgression’’ is Chief Sotomayor is confirmed. Congress included a record on gender Justice Roberts’ word, that it is up to Also, the diversity on being a His- bias from a task force of 21 States, Congress to make the laws and up to panic is important. We live in a very eight separate reports by the Con- the Court to interpret them. diverse society. When one sees that gress.’’ In a hearing on the Voting Rights small Supreme Court Chamber, they There was a similar finding by the Act on April 29, 2009, Northwest Austin can see the intimacy and can almost Supreme Court of the United States in Municipal Utility District v. Holder, on visualize the intellectual discussions the case of Alabama v. Garrett, where the issue of the sufficiency of the and the powerhouses in that room and the Supreme Court decided there was record, here we have 16,000 pages of tes- how the big cases are decided, with the an insufficient record to support the timony, 21 different hearings, 10 Court having the last word on life and enactment of title I of the Americans months of action. Congress, in 2006, re- death, a woman’s right to choose, me- with Disabilities Act, even though authorized the Voting Rights Act. In dicinal issues of attempted suicide, the there had been task force hearings in listening to the Supreme Court argu- death penalty in capital cases, all the every State attended by more than ment and reading the record—you can- cutting edge issues of our society. 30,000 people, including thousands who not draw any conclusions totally—but The confirmation proceeding of had experienced discrimination, with it looks very much as if the Court may Judge Sotomayor will give us an oppor- more than 300 examples of discrimina- be on the verge of finding the record in- tunity to inquire into some very im- tion by State Governments. Notwith- sufficient. portant issues on executive versus judi- standing that, the Supreme Court in Chief Justice Roberts had this to say cial authority, on the authority of the Garrett said there was an insufficient in the course of the argument on the Court versus the Congress. Toward that record. Voting Rights Act: end, I wrote a letter to Judge In dissent, Justice Scalia called the . . . one-twentieth of one percent of the Sotomayor, dated June 15. I ask unani- test of congruence and proportionality submissions are not precleared. That, to me, mous consent that this letter be print- a flabby test, a test that was ‘‘an invi- suggests that they are sweeping far more broadly than they need to address the inten- ed in the RECORD at the conclusion of tation to judicial arbitrariness and pol- my remarks. tional discrimination under the Fifteenth icy-driven decisionmaking.’’ Amendment. The PRESIDING OFFICER (Mr. BEN- When we look to a standard of con- That’s like the old elephant whistle. You NET). Without objection, it is so or- gruence and proportionality, it is very know, I have this whistle to keep away the dered. vague. Sharp divergence from the elephants. You know, well, that’s silly. Well, (See exhibit 1.) standard that Justice Harlan articu- there are no elephants, so it must work. I Mr. SPECTER. As I note in the open- lated in Maryland v. Wirtz in 1968, mean, if you have 99.98 percent of those ing paragraph, our so-called courtesy whether there was a rational basis for being precleared, why isn’t that reaching too broadly? call lasted more than an hour. At that the congressional decision. So that as time, I commented to her that I would Justice Scalia noted in his dissent in We will all be watching very closely be writing on other subjects on which I Tennessee v. lane, the standard of con- to see what the Supreme Court of the intended to comment at her hearing. gruence and proportionality was flab- United States does in the voting rights She responded she would be glad to by. Justice Scalia went on to say: case and especially the opinion of Chief have that advance notice. The issue I Worse still, it casts this Court in the role Justice Roberts, who has testified so focus on in this letter involves the re- of Congress’s task master. Under it the emphatically at his confirmation hear- spective authority of the Congress con- courts—and ultimately, this Court—must ing as to the role of the Congress being trasted with the Court on the estab- regularly check Congress’s homework to dominant, and it was, as he put it: lishment of a record to warrant legisla- make sure that it has identified sufficient ‘‘. . . as a judge that you may be begin- tion which Congress enacts. I noted I constitutional violations to make its remedy ning to transgress into the area of had written to Chief Justice Roberts in constitutional and proportional. making a law . . . ’’ a similar vein back on August 8, 2005, In the confirmation hearings of Chief So those are issues which I am going in advance of his confirmation hear- Justice Roberts, he responded in a way to be addressing to Judge Sotomayor ings. I take up in my letter to Judge very supportive of the role of Congress, in the course of the confirmation hear- Sotomayor the same issue I took up where the Court should be deferential ings. I am not going to ask her how she with Chief Justice Roberts; that is, de- to the Congress. In response to a ques- is going to decide a case. That is out- cisions of the Supreme Court in invali- tion by Senator DeWine, he said the side the bounds. But I think it is fair to dating congressional enactments, de- Supreme Court ought to defer to con- inquire as to what is the standard. Is it claring them unconstitutional, because gressional findings, and the answer will the Justice Harlan standard of rational of what the Court says is an insuffi- be in the RECORD with this letter. basis or is it a standard of congruent cient record. In response to my questioning, Chief and proportional—a standard which is I note the case of United States v. Justice Roberts said: of recent vintage in the City of Boerne Morrison, which involved legislation to And I appreciate very much the difference v. Flores case, and having been applied protect women against violence, where in institutional competence between the ju- in cases where it is very difficult to un- the Court was denigrating, disrespect- diciary and the Congress, when it comes to derstand the conclusions of the Court, ful to Congress, where the Court said basic questions of fact finding, development if you take Tennessee v. Lane, where the congressional findings were re- of a record and also the authority to make one article of the Americans with Dis- jected because of our ‘‘method of rea- the policy decisions about how to act on the abilities Act was upheld and contrast it basis of a particular record. It is not just dis- soning,’’ as if there is some unique agreement over a record. It is a question of with the Alabama v. Garrett case, quality which comes to the nominee at whose job it is to make a determination where it was stricken. the time of confirmation in walking based on the record. As a judge, that you are Justice Scalia, in the argument of across the green between the hearing beginning to transgress into the area of the voting rights case, took issue with

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15344 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 the Congress on a 98-to-0 decision, sug- Merck KGAA v. Integra Lifesciences I, to show that Congress did in fact identify a gesting if it is 98 to 0, it must not have Ltd., 545 U.S. 193 (2005). pattern of irrational state discrimination in been too carefully thought through. Devenpeck v. Alford, 543 U.S. 146 (2004). employment against the disabled.’’ It reminds me of the 98-to-0 vote Jus- Norton v. Southern Utah Wilderness Alli- In another five to four decision, the Court ance, 542 U.S. 55 (2004). in Lane v. Tennessee concluded Title II of tice Scalia got on his confirmation and Barnhart v. Thomas, 540 U.S. 20 (2003). the Americans with Disabilities Act met the the many unanimous decisions of the Pacificare Health Systems, Inc. v. Book, ‘‘congruence and proportionality standard’’. Supreme Court. I will ask to have 538 U.S. 401 (2003). There, Justice Scalia dissented attacking printed in the RECORD a group of recent Mr. SPECTER. I thank the Chair and the ‘‘congruence and proportionality stand- cases—10 or more—where Justice yield the floor. ard’’ calling it a ‘‘flabby test’’ and ‘‘invita- Scalia decided cases 9 to 0. tion to judicial arbitrariness and policy driv- EXHIBIT 1 So if this legislative body—the Sen- en decision making’’: ate—votes 98 to 0 in favor of renewing U.S. SENATE, ‘‘Worse still, it casts this Court in the role Washington, DC, June 15, 2009. of Congress’s taskmaster. Under it, the the Voting Rights Act, relying upon Hon. SONIA SOTOMAYOR, courts (and ultimately this Court) must reg- the extensive record, which I have The Department of Justice, ularly check Congress’s homework to make cited, that is not a sign of weakness. Washington, DC. sure that it has identified sufficient con- That is not a sign that the Senate does DEAR JUDGE SOTOMAYOR: When we con- stitutional violations to make its remedy not know what it is doing with a 98-to- cluded our meeting which lasted more than constitutional and proportional. As a general 0 vote. an Hour, I commented that I would be writ- matter, we are ill-advised to adopt or adhere So the questions which I have posed ing to you on other subjects which I intended to constitutional rules that bring us into for Judge Sotomayor are these: to cover at your hearing, and I appreciated conflict with a coequal branch of Govern- First: Would you apply the Justice your response that you would welcome such ment.’’ advance notice. During the confirmation hearing of Chief Harlan rational base standard or the In the confirmation hearing for Chief Jus- Justice Roberts, he testified extensively in congruent and proportionality stand- tice Roberts, there was considerable discus- favor of the Court’s deferring to Congress on ard? sion about the adequacy of congressional fact finding. In response to questions from Second: What are your views on Jus- fact finding to support legislation. This issue Senator DeWine, he testified: tice Scalia’s characterization that the is again before the Supreme Court on the re- ‘‘. . . The reason that congressional fact ‘‘congruence and proportionality authorization of the Voting Rights Act finding and determination is important in standard’’ is a flabby test and an ‘‘invi- where the legislation is challenged on the these cases is because the courts recognize tation to judicial arbitrariness and pol- ground that there is an insufficient factual that they can’t do that, Courts can’t have, as record. At our hearing, I would uphold like you said, whatever it was, the 13 separate icy-driven decisionmaking,’’ where your views on what legal standards you hearings before passing particular legisla- Justice Scalia says that is the way for would apply in evaluating the adequacy of a tion. Courts—the Supreme Court can’t sit the courts to make law on a standard Congressional record. In the 1968 case Mary- and hear witness after witness after witness which is so vague? land v. Wirtz, Justice Harlan’s rationale in a particular area and develop that kind of Third: Do you agree with Chief Jus- would uphold an act of Congress where the a record. Courts can’t make the policy judg- tice Rehnquist’s conclusion that the legislature had a rational basis for reaching ments about what type of legislation is nec- Violence Against Women legislation a regulatory scheme. In later cases, the essary in light of the findings that are was unconstitutional because of Court has moved to a ‘‘congruence and pro- made’’. . . ‘We simply don’t have the institu- Congress’s ‘‘method of reasoning’’? portionality standard.’’. tional expertise or the resources or the au- In advance of the hearing for Chief Justice thority to engage in that type of a process. And fourth: Do you agree with the di- Roberts by letter dated August 8, 2005. I So that is sort of the basis for the deference vision of constitutional authority be- wrote him in part: to the fact finding that is made. It’s institu- tween Congress and the Supreme Court ‘‘members of Congress are irate about the tional competence. The courts don’t have it. as articulated by Chief Justice Roberts Court’s denigrating and, really, disrespectful Congress does. It’s constitutional authority. in his responses, cited in this letter, to statements about Congress’s competence. In It’s not our job. It is your job. So the defense questions posed at his hearing by Sen- U.S. v. Morrison, Chief Justice Rehnquist, to congressional findings in this area has a ator DeWine and myself? speaking for five members of the Court, re- solid basis.’’ I do believe there will be an oppor- jected Congressional findings because of In response to my questioning, Chief Jus- ‘‘our method of reasoning’’. As the dissent tice Roberts said: tunity for very important issues to be noted, the Court’s judgment is ‘‘dependent ‘‘And I appreciate very much the dif- presented to the nominee. Based on upon a uniquely judicial competence’’ which ferences in institutional competence be- what I have seen of her, in reviewing implicitly criticizes a lesser quality of Con- tween the judiciary and the Congress when it her record, and the meeting I had with gressional competence. comes to basic questions of fact finding de- her—I have noted her excellent re- In Morrison, there was an extensive record velopment of a record, and also the author- sume—I am looking forward to giving on evidence establishing the factual basis for ity to make the policy decisions about how her an opportunity to answer the many enactment of the Violence Against Women to act on the basic of a particular record. It’s questions that have been raised in the legislation. In dissent. Justice Souter noted not just disagreement over a record. It’s a . . . the mountain of data assembled by Con- question of whose job it is to make a deter- press, where she will have more of an gress here showing the effects of violence mination based on the record’ . . . as a judge opportunity than to have a sound bite against women on interstate commerce,’’ that you may be beginning to transgress into but to give commentary on her record and added: the area of making a law is when you are in in support of her nomination. ‘‘The record includes reports on gender a position of re-evaluating legislative find- I ask unanimous consent to have bias from task forces in 21 states and we ings, because that doesn’t look like a judi- printed in the RECORD the material to have the benefit of specific factual finding in cial function.’’ which I referred. eight separate reports issued by Congress The Supreme Court heard oral argument in There being no objection, the mate- and its committees over the long course Northwest Austin Municipal Utility District leading to its enactment.’’ v. Holder on April 29, 2009 involving the suffi- rial was ordered to be printed in the In a subsequent letter to Chief Justice ciency of the Congressional record on reau- RECORD, as follows: Roberts dated August 23, 2005, I wrote con- thorizing the Voting Rights Act. While too RECENT UNANIMOUS DECISIONS WITH OPINIONS cerning Alabama v. Garrett where Title I of much cannot he read into comments by jus- AUTHORED BY JUSTICE SCALIA the Americans with Disabilities Act was tices at oral argument, Chief Justice Rob- Republic of Iraq v. Beaty,—S.Ct.—, 2009 WL based on task force field hearings in every erts’ statements suggested a very different 1576569 (2009). state attended by more than 30,000 people in- attitude on deference to Congressional fact Virginia v. Moore, 128 S.Ct. 1598 (2008). cluding thousands who had experienced dis- finding than he expressed at his confirma- Beck v. Pace Intern. Union, 551 U.S. 96 crimination with roughly 300 examples of tion hearing. Referring to the argument that (2007). discrimination by state governments. ‘‘. . . action under Section 5 has to be con- U.S. ex rel Goodman v. Georgia, 546 U.S. Notwithstanding those findings, the Gar- gruent and proportional to what it’s trying 151 (2006). rett Court concluded in a five to four deci- to remedy,’’ Justice Roberts said that: U.S. v. Grubbs, 547 U.S. 90 (2006). sion: ‘‘. . . one-twentieth of l percent of the sub- Domino’s Pizza, Inc. v. McDonald, 546 U.S. ‘‘The legislative record of the Americans missions are not precleared. That, to me, 470 (2006). with Disabilities Act, however, simply fails suggests that they are sweeping far more

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15345 broadly than they need to, to address the in- have mentioned, we will have at least Code Talkers. Their story is one of the tentional discrimination under the Fifteenth eight of those passed by the recess so most compelling in American military Amendment.’’ we can do our citizens’ work in the history. Chief Justice Roberts went to say: most appropriate manner. In May of 1942, 29 Navajo Indians ar- ‘‘Well, that’s like the old—you know, it’s rived at Camp Pendleton in California. the elephant whistle. You know, I have this Mr. President, I yield the floor and whistle to keep away the elephants. You thank you for the time. They were there to develop a code that know, well, that’s silly. well, there are no The PRESIDING OFFICER. The Sen- could be deployed easily and would not elephants, so it must work. I mean if you ator from New Mexico. be cracked by Japanese cryptog- have 99.98 percent of these being precleared, Mr. UDALL of New Mexico. Mr. raphers. why isn’t that reaching far too broadly.’’ President, I ask unanimous consent to Over the course of the war, the origi- As a factual basis for the 2007 Voting rights speak in morning business. nal 29 became a team of roughly 400 Act, Congress heard from dozens of witnesses The PRESIDING OFFICER. Without Navajos responsible for building and over ten months in 21 different hearings. Ap- objection, it is so ordered. using their code. Their success in that plying the approach from Chief Justice Rob- mission helped the Marines capture f erts’ confirmation hearing, that would ap- Iwo Jima. It contributed to the Amer- pear to satisfy the ‘‘congruence and propor- HONORING OUR ARMED FORCES tionality standard’’. ican victory, and it saved untold num- My questions are: ARMY SPECIALIST CHRISTOPHER KURTH bers of allied soldiers. 1. Would you apply the Justice Harlan ‘‘ra- Mr. UDALL of New Mexico. Mr. As most World War II veterans were tional basis’’ standard or the ‘‘congruence President, I rise to honor a proud son returning home with stories of courage and proportionality standard’’? of Alamogordo, NM. Army SPC Chris and victory, the Navajo Code Talkers 2. What are your views on Justice Scalia’s Kurth died on Thursday, June 4, after were ordered to keep their story secret. characterization that the ‘‘congruence and Their mission was classified. Only in proportionality standard’’ is a ‘‘flabby test’’ his vehicle was struck by an antitank grenade. He was 23 years old. 1968 was it revealed to the world. And and ‘‘an invitation to judicial arbitrariness only in 2001 did these men finally re- and policy driven decision making’’? In Iraq, Chris was responsible for es- 3. Do you agree with Chief Justice corting convoys. But this job descrip- ceive the recognition they deserved Rehnquist’s conclusion that the Violence tion conveys none of the risk or the when they were presented with Con- Against Women legislation was unconstitu- courage involved in the job. The mili- gressional Medals. It is often said that America’s diver- tional because of Congress’s ‘‘method of rea- tary can secure a town or a base, but sity makes her strong. During World soning’’? somebody must still travel the roads 4. Do you agree with the division of con- War II, this country’s cultural diver- that cannot be secured. Christopher stitutional authority between Congress and sity contributed to America’s military Kurth was responsible for undertaking the Supreme Court articulated by Chief Jus- strength in a very real and concrete this act of courage. tice Roberts in his responses cited in this way. Because the Navajo language had Chris knew how dangerous his job letter to questions posed at his hearing by survived and it had been passed down, Senator DeWine and me? could be when he began his last mis- Americans had a code that the Japa- Sincerely, sion. He was on his second tour of duty, ARLEN SPECTER. nese were never able to crack—a weap- and he had just recovered from a neck on they could not counter. The PRESIDING OFFICER. The Sen- wound that won him a Purple Heart. America is unique among the coun- ator from Tennessee. But for Chris, success was defined by tries of the world. Almost every other Mr. CORKER. Mr. President, I ask keeping his fellow soldiers safe. And country on Earth finds its sense of soli- unanimous consent to speak in morn- that is what he died fighting to do. darity in a common race and a common ing business. The values reflected in this duty are culture. Even countries as diverse as The PRESIDING OFFICER. Is there as important in peace as they are in our own trace their heritage to some objection? war. His job was to protect his fellow imagined community older than their Without objection, it is so ordered. soldiers—to be a good friend in the political institutions. Our Nation has (The remarks of Mr. CORKER per- most difficult of times. By serving always defined itself by its ideals, not taining to the introduction of S. 1280 them, he served his country. by race or culture. Although we have are printed in today’s RECORD under The characteristics that made Chris not always lived up to this vision of a ‘‘Statements on Introduced Bills and Kurth a good soldier also made him a truly multicultural democracy, it has Joint Resolutions.’’) good friend when he was back in guided our development and spurred f Alamogordo. They made him a good our progress. teacher when he volunteered to tell APPROPRIATIONS When the Navajo Code Talkers first students at his former high school arrived at Camp Pendleton, there were Mr. CORKER. Mr. President, I would about his life as a soldier. They made those who considered them less than like to mention one other issue in clos- him a loving—and loved—son, brother, fully equal. U.S. law had only acknowl- ing. A large number of Senators signed and husband. edged Native Americans as citizens for a letter to the leader asking that we do Chris Kurth lost his life keeping 17 years when our country entered our business in a very thoughtful way American soldiers safe. He was a proud World War II. Many of the code talkers as it relates to appropriations. Each soldier and a good man. were born as noncitizens in a land that year we find ourselves in a position My thoughts are with Chris’s par- had belonged to their people before the where we end up with an omnibus bill ents, with his wife, and with all those Europeans knew it existed. Yet 45,000 that most of us feel very uncomfort- who knew and loved him. I ask you to of 350,000 Native Americans in this able signing into law. join me today in remembering his serv- country served in the Armed Forces We ask that the appropriations bills ice. during that conflict, including 400 Nav- be passed in such a manner that we f ajo Code Talkers. have eight of them passed individually The Native Americans who signed up by the August recess. NAVAJO CODE TALKERS to serve this country in the Armed I know, today, we are stuck on a bill, Mr. UDALL of New Mexico. Mr. Forces were sending a message that and I realize there is some stalling that President, I rise to mark a solemn mo- they, just as much as anyone else, were is taking place. I have to question why ment for the Navajo Nation and for our citizens of the United States of Amer- we are focused on a tourism bill today country. ica, their people were just as much a when we still have not begun our ap- In the past month, three of America’s part of this country’s cultural tapestry propriations process. veterans passed away: Willie Begay, as any other. So I will say to the leader, I hope he Thomas Claw, and John Brown, Jr. In the Navajo code, the word for will move on with doing the appropria- These men were members of the small America was ‘‘our mother.’’ As one tions in an appropriate order so, as I group of marines known as the Navajo code talker has explained:

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15346 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 ‘‘Our Mother’’ stood for freedom—our reli- Congress created empowerment panic teens. The overall share of Afri- gion—our ways of life. And that’s why we zones, renewal communities, and enter- can Americans with jobs has reached went in. prise communities to spur economic its lowest point since 1986. The Navajo marines identified their growth and create job opportunities. As we begin to emerge from the culture with their country. When they Cities such as East St. Louis and Chi- worst of this economic crisis, we must fought, they fought for both. In fact, cago, IL, have received tax incentives not forget that there is still a long way values integral to the Navajo experi- worth $5.3 billion. These incentives en- to go for many Americans. In our rush ence spurred them to fight in Amer- courage businesses to open or expand to get this economy back on track, we ica’s war against tyranny. As Ameri- and to hire local residents. They in- need to make sure we don’t leave cer- cans who faced bigotry and injustice, clude employment credits, low-interest tain communities behind. This means they eagerly signed on to free others loans, reduced taxation on capital increasing the amount of capital avail- from oppression. As individuals who gains, and other incentives. able to employers, helping put Ameri- had lived with the legacy of aggression Unfortunately, some of the programs cans back to work, and protecting against their people, they felt keenly have not operated as intended. A few small businesses. the need to prevent other acts of ag- major hurdles have prevented full utili- As a former banker who worked hard gression, even if these acts were being zation of the tax benefits available. to secure loans for small businesses, I perpetrated on the other side of the These incentives desperately need to be have a deep understanding of the role world. refined and extended. That is exactly these companies play in creating jobs The passing of the three code talk- what this legislation would do, and and helping the economy to grow. ers—thousands of miles and dozens of that is why it is so important for the I know how crucial it is to provide years from the events that made them Senate to act without delay. immediate relief, as well as lasting heroes—should make us all remember Empowerment zones such as the one support. That is why I applaud Presi- the great patriotism and honor all the in East St. Louis, IL, focus on grass- dent Obama’s recent call to speed up code talkers displayed. It should make roots, sustainable progress. They cre- the disbursal of stimulus funds. This us appreciate their work and honor ate a bond between businesses, employ- would save or create roughly 600,000 their memory, and it should make us ees, and surrounding communities. De- jobs in the next 3 months alone. proud to live in a country where such spite receiving only one-fourth of an- This will not be an easy task, but it things are possible. ticipated Federal funding, they have is necessary to strengthen America’s As time does the work Japanese guns found aspiring entrepreneurs to expand small business, put people back to could never do, the code talkers are and develop local businesses, using a work, and restore economic security. slowly leaving us. Only 80 of the origi- creative array of tax incentives and But as we rush to provide aid to the nal 400 remain with us. Too soon, these loans. American people, we need to make sure men will live only in our memories. This legislation is an important step the stimulus funds are targeted effec- Let’s keep those memories strong, lest toward reversing the blight faced by tively. That is why oversight is crit- we lose the inspiration they can offer. our inner cities without gentrifying ical. To Willie Begay, Thomas Claw, and these areas or shutting out the commu- As billions of dollars flow from the John Brown, Jr., we honor your lives nity members who need our help the Federal Government to the State and mourn your passing. To all of the most. Senator LINCOLN and Senator treasuries, transparency will help keep code talkers, alive and beyond, we cele- SNOWE deserve our utmost support in State and Federal officials accountable brate your service. Whenever stories of their fight to rehabilitate these com- for every dollar spent in the name of courage and patriotism are told, we munities. I am proud to cosponsor this economic recovery. will think of you. legislation, and I urge my colleagues to If done right, this will ensure that Thank you, Mr. President. I note the join with me in this effort. everyone can share in the promise and absence of a quorum. f prosperity of a revitalized economy. The PRESIDING OFFICER. The That is why I introduced S. 1064, a bill clerk will call the roll. ECONOMIC RECOVERY that will set aside small amounts of The assistant legislative clerk pro- Mr. BURRIS. Mr. President, as I ad- stimulus money to pay for regulation ceeded to call the roll. dress this Chamber today, our country and oversight. The PRESIDING OFFICER. The Sen- remains in the grips of the worst eco- These costs are currently unfunded, ator from Illinois. nomic disaster since the Great Depres- leaving the American people with only Mr. BURRIS. Mr. President, I ask sion. We have all felt its devastating vague assurances that their money will unanimous consent that the order for effects. In the last half century, it has be used effectively. the quorum call be rescinded. never been harder for working Ameri- Mr. President, this is simply not The PRESIDING OFFICER. Without cans to make ends meet. But finally we good enough. We need to protect the objection, it is so ordered. are beginning to see indications that interests of the American taxpayers Mr. BURRIS. Mr. President, I wish to the worst may be behind us. The econ- and ensure that every dollar can be speak on two different issues in morn- omy is still shedding jobs but at a tracked. ing business. slower rate. Business is starting to I ask my colleagues to join with me The PRESIDING OFFICER. Without pick up again for some—not all but for in the fight for accountability. I thank objection, it is so ordered. some. The American Recovery and Re- my good friends, Chairman LIEBERMAN, f investment Act has started to take Ranking Member COLLINS, and Senator hold, and at long last some people are MCCASKILL for signing on to cosponsor COMMUNITY REHABILITATION beginning to feel more hopeful. this bill. Mr. BURRIS. Mr. President, I rise But as the tide rises for some com- As the economy begins to improve today to applaud Senator LINCOLN and munities, others continue to slip fur- for some Americans, let’s make sure Senator SNOWE for their leadership and ther and further behind. In a troubling millions of others are not left behind. commitment in introducing S. 1222. new report, the unemployment rate We need to lift the least fortunate This legislation would revise and ex- among African Americans has risen to among us and ensure every American tend existing empowerment zone, re- 14.9 percent—up 6 points since 2007. Ev- has an equal chance to benefit from our newal community, and enterprise com- eryone is hurting, but this is an alarm- continued economic recovery. munity rules. It seeks to make these ing sign that some groups are still As one of our former distinguished programs more effective and ensure hurting more than others. While one in Vice Presidents, Hubert Humphrey, fa- that the incentives work as intended. I five White teens is without a job, two mously said: am proud to be a cosponsor of this im- in five African-American teens are un- The moral test of government is how that portant measure. employed, along with one in three His- government treats those who are in the dawn

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15347 of life, the children; those who are in the There is much talk about the need to would lose their employer-based cov- twilight of life, the elderly; and those who enhance transparency within the sys- erage and those who would switch from are in the shadows of life, the sick, the tem, as well as the need to increase other government programs, we are ac- needy, and the handicapped. health and wellness efforts to lead to a tually only bringing 16 million cur- It is time to renew our commitment healthier society. I have heard the rently uninsured people into the fold. to the communities that are hurting valid points made about needing to In other words, our country would still the most, and as we work to increase stem the rising cost of health care and have an uninsured rate—after spending transparency and speed up the respon- bending the health care cost curve. over $1 trillion—of 13 percent when the sible use of the stimulus funds, we need These are easy areas to agree. I think bill is fully implemented. to make sure no one is left behind. there is a middle ground, and I think The administration promised cov- Mr. President, again, we need to we should all be standing upon it when erage for all. Reality: CBO estimates 13 make sure no one is left behind. we are viewing health care reform. percent uninsured Americans. That is I yield the floor and suggest the ab- However, I am disappointed by the millions of Americans still not having sence of a quorum. recent health care proposal emanating access to health care in any meaning- The PRESIDING OFFICER. The from the HELP Committee—the Af- ful way. clerk will call the roll. fordable Health Choices Act. The legis- Some do claim the analysis doesn’t The assistant legislative clerk pro- lation does not seem to capture the reflect the full proposal. They will ceeded to call the roll. spirit of the bipartisan effort the Presi- make the case that the final report will Mr. JOHANNS. Mr. President, I ask dent indicated he wanted to have in show that more of the uninsured will, unanimous consent that the order for order to accomplish this important in fact, be covered. However, this pro- the quorum call be rescinded. task. Instead, the Affordable Health posal is already estimated to cost $1 The PRESIDING OFFICER. Without Choices Act is just another government trillion over 10 years—a huge pricetag. objection, it is so ordered. takeover of the health care system. Not surprisingly, this pricetag is ex- f This is not the health care reform that pected to increase. Spending this kind HEALTH CARE REFORM Americans have asked for, in my opin- of money to only insure 16 million peo- ion. ple should be disappointing to every- Mr. JOHANNS. Mr. President, as the Americans have been promised some body—disappointing to every Amer- rhetoric over health care reform starts things already. They have been prom- ican. Just when our economy is trying to heat up—and, of course, it has—I ised that everyone will receive health to achieve some equilibrium, slamming find myself trying to determine ex- care; that they would get to keep their it with these kinds of costs for these actly what we are trying to accomplish insurance, if they like it; and the gov- few results I don’t believe is even a with this debate. Are we attempting to ernment will be responsible and act re- good-faith effort on our part. put together what I think is the right sponsibly in using taxpayer dollars. I believe everyone wants to solve approach—a bipartisan solution to a Unfortunately, the current legislation these complex health care challenges, problem that is affecting every Amer- simply doesn’t live up to the promises. but I think it is so important to be ican family and business—or are we In fact, the legislation has a number thoughtful, careful, and to take a mo- caught up in pushing something of proposals that not only don’t live up ment to step back and take a deep through this body with little delibera- to the promises, they directly con- breath. It makes no sense from a policy tion and little regard for the con- tradict those promises. For example, standpoint to rush these enormously sequences of our hurried action? And the report by the Congressional Budget complex decisions with unbelievable the consequences are great. Office states that 15 million Americans results just to finish by the August re- I fear we are leaning toward the lat- who currently have employer-spon- cess. It doesn’t make any sense. We are ter statement, based upon the time sored insurance will lose that coverage talking, Mr. President, about people’s limits and the rush in the committees under this proposal. I can rise today health care. We are talking about the charged with producing very complex and very safely say this isn’t a talking health and safety of their families. As health care legislation. I do not envy point that came off of somebody’s the adage goes: It is better to invest them their task. I would argue that it sheet. This is actually an analysis done the time to get it right the first time is more important to craft a very good, by a body that we all rely upon—the instead of getting it wrong expedi- very solid bill that actually will solve Congressional Budget Office. tiously. the problem instead of forcing a not- These numbers are likely to increase We need to get back to a middle well-thought-out, half-analyzed bill as soon as the figures for the govern- ground and follow through on the onto the backs of the American people. ment-run public plan are included. promises that have already been made What we do in this arena will affect After all, the Lewin Group—which does to provide real health care reform— every American. I believe our constitu- research in this area—has issued a fore- sustainable health care reform. The ents deserve so much more from us, cast that a public plan would probably American people deserve a thorough, and we should think twice before we cause 119 million people who have em- bipartisan debate on health care, not a proceed down a path that is wrong. ployer-provided health insurance to rushed, ill-advised piecemeal approach The American people deserve to shift over to the public plan. to an enormously serious problem. I know the truth about what is included So let’s take a moment to recap. The hope we have that opportunity because in the bills that are being considered. administration’s promise: Citizens will this is too important to get wrong. They have a right to know how this get to keep their employer-provided Mr. President, I appreciate the oppor- will affect the long-term health not health insurance, if they choose. Re- tunity to offer my thoughts. I yield the only of their families but of the Na- ality: CBO says 15 million people will floor, and I suggest the absence of a tion. Of course, in that arena, they be displaced from that coverage. Re- quorum. need to know the long-term health of ality: The Lewin Group, in its esti- The PRESIDING OFFICER (Mr. this Nation, both physically and finan- mate, says that could climb to 119 mil- KAUFMAN). The clerk will call the roll. cially. lion Americans dumped from their pri- The assistant legislative clerk pro- We can find many points of agree- vate insurance onto a government sys- ceeded to call the roll. ment on how to reform our health care tem. Mr. DURBIN. Mr. President, I ask system. I have heard countless speech- Furthermore, CBO indicated that unanimous consent that the order for es about the need to eliminate waste about 39 million individuals would re- the quorum call be rescinded. and fraud and abuse—and it does exist ceive coverage through the government The PRESIDING OFFICER. Without in this system. Many agree we should insurance exchange. That is the con- objection, it is so ordered. use technology to eliminate adminis- cept in this complex legislation. How- Mr. DURBIN. I ask consent to speak trative costs and to eliminate errors. ever, after you factor in those who as in morning business.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15348 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 The PRESIDING OFFICER. Without 48 million Americans with no health month—for coverage for uninsured peo- objection, it is so ordered. The Senator insurance, for you, we think we have to ple. We are picking up their health ex- is recognized. change some of the ways we do busi- penses because they do not have health Mr. DURBIN. Mr. President, as we ness in this country. insurance. That is a hidden tax. So meet on the floor of the Senate, we are One of the key elements here, as I when we talk about the cost of health deliberating a bill about promoting mentioned already, is what to do with care reform, there is a real cost of tourism in America, which turns out to 48 million uninsured. If these uninsured doing nothing—about $1,000 a year out- be a way to increase economic activity, people had their own health insurance, of-pocket for most American families. create some business activity, keep it would be a benefit to all the rest of We need to move on to the tougher people in their jobs, and maybe attract us who happen to have health insur- issue, and this is the one debated at folks from overseas to see this beau- ance. length here on the floor. The bottom tiful land of ours. We are now in a pro- Some of these political commenta- line here is the cost of medical care. cedural holding pattern. The minority tors like to write that Members of the We spend twice as much as any other party has asked us to wait 30 hours be- Senate have some special health insur- nation on Earth for medical care for fore we talk about it. It is unfortunate ance plans. We are fortunate to have our citizens. Sadly, we do not have the because we are prepared to go and are one of the best in the world, but it is results to show for it. If you look at ready and we have a lot of things to do, the same plan Federal employees have the basic health indicators, many but the rules of the Senate are avail- across America. Eight million Federal countries that spend far less per person able for them as for us, and they are employees and their families, and than the United States have much bet- utilizing them now to delay and stop Members of Congress who opt to buy ter outcomes. You wonder, why is that action on this bill which is very rou- into it, have a wonderful plan. I am the case? We have the best hospitals, tine, bipartisan, and enjoyed the sup- lucky; my wife and I are very fortunate we have the best doctors, we have all port of over 90 Senators when it was to have that kind of coverage. But for the technology, all the drug companies. called yesterday on a procedural vote. a lot of people, they don’t have that Why are we not the healthiest people In the meantime, as we are waiting kind of luxury. Once each year, I can in the world? on the floor for the Republicans to give choose from nine different health in- Some of it is our own fault. When us permission to go forward, the com- surance plans that sell to Federal em- you look at the chronic conditions that mittees are at work. I left the Judici- ployees who live in the State of Illi- cost so much in our health care sys- ary Committee where the Presiding Of- nois. That is quite a good deal. If I tem, it is the choice of the person who ficer is also a member, with the Attor- don’t like the way I was treated last decides, I am going to keep smoking ney General, where we spoke about year by my health insurance company, cigarettes. That is a terrible choice. It some critical issues. I can change. It is like buying a car; I can lead to sickness and disease and Right across the hall from us is the have a lot of places to shop and look. even death, and that is a lifestyle Finance Committee, and they are de- But most Americans don’t have that. choice people should not make, and bating the future of health care in Most Americans do not have the option they do and we pay dearly for it. Other people do not watch their diets America, and that is a debate which we of looking for health insurance, and if closely. I am certainly no one to are all following very closely. they do, they cannot afford it. If you preach on that. But when we suffer It is clearly time for us to acknowl- have to pay for it out of pocket, you from obesity in this country, people edge the obvious. Although we have may find yourself unable, and small end up in the hospital and end up in some of the best hospitals and doctors businesses which want to provide doctors’ offices 10 times more fre- in the world, the fact is the cost of health insurance, not only for the own- quently than people who are not obese. health care in America is spinning out ers but the workers, say: It is just too Diabetes comes from that, high choles- of control and if we do not have the po- darned expensive, we cannot afford to terol, high blood pressure, heart prob- litical will and courage to step up at do it. lems—all these can be managed with this moment in time and address that, That is why 48 million Americans— lifestyle choices and preventive medi- not the poorest because we cover them it is going to get much worse. People cine, which we do not focus on in with Medicaid, and not those lucky will find that there will be more unin- America today, so we need to do more enough to have health insurance, but sured people, people with health insur- of that. ance that is not worth much, and that those smack-dab in the middle who get But the other element is we need to the cost of what you can buy will be so up and work every day at businesses, have buy-in from doctors and hospitals expensive that average people cannot maybe businesses they own, and do not and medical professionals to bring afford it. You will find, if we do not do have health insurance. One out of four down the cost of health care. something, that health insurance com- realtors in America has no health in- There is a widely read article which panies will continue to exclude people surance. You don’t think of that, but it has been referred to over and over, because of preexisting conditions, con- is a fact. So we work with them to try worth repeating, published by a doctor tinue to argue incessantly with doctors to come up with an approach—that is who is a surgeon in Boston. His name is over what the right procedure will be. now being debated by the Finance Atul Gawande. The article was pub- We will find unfortunately that there Committee—to have small businesses lished in the New Yorker on June 1. I will be a situation where we do not and self-employed people have a chance commend it to everyone following this have the chance to utilize the very best to buy health insurance just like Fed- debate because most Members of Con- health care in this country for needed eral employees can buy health insur- gress are reading it closely. Dr. procedures. ance. Gawande went to McAllen, TX, and Many Senators say: I have listened to But we really have to get to the bot- wanted to know why the average cost that but count me out. I have a great tom line of this issue. It is not enough for a Medicare patient treatment in health insurance plan. I don’t need to to just say we are going to cover 48 that town was $15,000 a year while the be part of your debate. million Americans currently not cov- average cost in El Paso—and Chicago, I What President Obama has said and ered. That is important because unin- might add—was right at $10,000 a year. what we have said in Congress is: OK, sured people who show up at the hos- Why did it cost 50 percent more to we accept that. If you have health in- pital in America today are not turned treat a Medicare patient in McAllen, surance that you like, that you want to away, they are treated. Who pays for TX? He took a look and sat down with keep, you can keep it. There will not be them if they cannot pay for them- doctors, and being a surgeon he knew any change. But if you happen to be selves? The rest of us—taxpayers and what questions to ask. one of those Americans who think they people with health insurance. It is esti- The first response was: Defensive can do better for something more af- mated that the average family pays an medicine. We have to order extra tests fordable or, sadly, if you are one of the additional $1,000 a year—almost $100 a because those lawyers will sue us.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15349 Another Doctor said: You know that wrong. I think if you look at the Medi- fundamental right. And rationing sounds is not true, Texas has the toughest care system, 45 years after we enacted like something out of the Soviet Union. Or medical malpractice law in America, it, it has been an unqualified success. at least Canada. limiting pain and suffering awards to The r-word has become a rejoinder to any- Just look at how long seniors are liv- one who says that this country must reduce $250,000. ing because they have good medical its runaway health spending, especially any- This doctor went on to say: Nobody is care after they reach the age of 65. It is one who favors cutting back on treatments suing us around here. It is not about not a question of whether you are rich that don’t have scientific evidence behind defensive medicine. If it is, it is a tiny or poor. them. You can expect to hear a lot more part of it. I run into people in my State of Illi- about rationing as health care becomes the What it turns out is many of the doc- nois—a woman, a Realtor who said to dominant issue in Washington this summer. tors in that community, and hospitals, me in Harrisburg, IL: Senator, I want Today, I want to try to explain why the are ordering more procedures than are you to meet me. She said: I am 64 years case against rationing isn’t really a sub- needed. If you are a patient or the par- stantive argument. It’s a clever set of old. I have never had health insurance buzzwords that tries to hide the fact that so- ent of a patient, you are not going to 1 day in my life. cieties must make choices. question it when a doctor says: I think I could not believe that. But she said: In truth, rationing is an inescapable part we need an MRI. Are you going to say: Next year I am 65. I am going to have of economic life. It is the process of allo- Doctor, are you sure we need an MRI? Medicare. And finally I can breathe a cating scarce resources. Even in the United You trust his judgment, and that judg- little easier knowing that the savings I States, the richest society in human history, ment, unfortunately, can be very ex- have put together are not going to be we are constantly rationing. We ration spots pensive because the doctors in that wiped out with one trip to the doctor. in good public high schools. We ration lake- town are motivated by more proce- So we understand that Medicare has front homes. We ration the best cuts of steak and wild-caught salmon. dures, more billing, more money, more worked. And it has created quality care Health care, I realize, seems as if it should profit. That is the wrong motivation. and good outcomes. We also know the be different. But it isn’t. Already, we cannot The motivation should be a healthy pa- Veterans’ Administration, another gov- afford every form of medical care that we tient, a good medical outcome. ernment health insurance approach for might like. So we ration. Dr. Gawande contrasted McAllen, the men and women who served our We spend billions of dollars on operations, TX, with the Mayo Clinic, a fantastic country, whom we honor with a med- tests and drugs that haven’t been proved to medical resource in Rochester, MN. It ical system that is there for them, pro- make people healthier. Yet we have not spent the money to install computerized treated members of my family, and it vides some of the best care in our coun- is one of the best in the Nation. The medical records—and we suffer more medical try. errors than many other countries. Mayo Clinic hires the best doctors they We need to find a way to work out We underpay primary care doctors, rel- can find and pays them by salary. They these differences. Believe me, at the ative to specialists, and they keep us stewing are not paid by patient or how much end of the day there will always be a in waiting rooms while they try to see as they bill. So these salaried doctors are reason to do nothing. There will be po- many patients as possible. We don’t reim- looking for good outcomes. They don’t litical risk in doing something. But the burse different specialists for time spent col- want to order anything more than a pa- American people have to stick with us laborating with one another, and many hard- to-diagnose conditions go untreated. We tient needs. They want to get a good in this debate and understand that if outcome. Think of the difference in don’t pay nurses to counsel people on how to we do not address the fundamental improve their diets or remember to take motivation between the doctors in issue, it is not just a question of their pills, and manageable cases of diabetes McAllen, TX, and the doctors in Roch- whether we will have deficits as far as and heart disease become fatal. ester, MN. the eye can see from medical costs or a ‘‘Just because there isn’t some government The Congressional Budget Office sent program going through the roof, it is a agency specifically telling you which treat- a report to us yesterday, and it says if question of whether we will all have ments you can have based on cost-effective- you really want to reduce the costs of peace of mind of health insurance pro- ness,’’ as Dr. Mark McClellan, head of Medi- care in the Bush administration, says, ‘‘that health care in America, you have to tection for ourselves and our families get to the question of reimbursement. doesn’t mean you aren’t getting some treat- that makes sure we have something we ments.’’ When you talk about that, you will get can afford, based on quality that will Milton Friedman’s beloved line is a good everybody at the American Medical As- provide the kind of health care we way to frame the issue: There is no such sociation on their feet, shaking their need. It all comes around. Every family thing as a free lunch. The choice isn’t be- fists, saying if you cut back on com- faces it. And when that day comes, we tween rationing and not rationing. It’s be- pensation and reimbursement for doc- want to make sure we have done our tween rationing well and rationing badly. Given that the United States devotes far tors, fewer people will go into the pro- part. This year, President Obama has fession, you will not be able to get the more of its economy to health care than challenged us, though we are sitting other rich countries, and gets worse results best procedures—you understand what idly on the floor today doing virtually they are going to say. I have heard it. by many measures, it’s hard to argue that we nothing except giving speeches. He has are now rationing very rationally. Many of us have heard it. But we have told us: Do not go home this year with- On Wednesday, a bipartisan panel led by to find a good way to approach this. We out health care reform. four former Senate majority leaders—How- have to bring down the rising cost of He is right. It is time to roll up our ard Baker, Tom Daschle, Bob Dole and health care in this country. sleeves and get that done. George Mitchell—will release a solid pro- One of the suggestions is that in ad- I ask unanimous consent that an ar- posal for health care reform. Among other things, it would call on the federal govern- dition to private health insurance com- ticle from the New York Times on June panies offering health insurance, we ment to do more research on which treat- 17, this morning, by David Leonhardt ments actually work. An ‘‘independent have a public option, that we have a entitled ‘‘Health Care Rationing Rhet- plan that really is not motivated by health care council’’ would also be estab- oric Overlooks Reality’’ be printed in lished, charged with helping the government profit, whether it is a government- the RECORD. avoid unnecessary health costs. The Obama sponsored plan like Medicare or wheth- There being no objection, the mate- administration supports a similar approach. er it is some other plan, a cooperative, rial was ordered to be printed in the And connecting the dots is easy enough. ONRAD Armed with better information, Medicare which Senator C has proposed, RECORD, as follows: could pay more for effective treatments—and that really says: Let’s take the profit [From the New York Times, June 17, 2009] out of it and see if we can move toward no longer pay quite so much for health care HEALTH CARE RATIONING RHETORIC the best health care outcomes and re- that doesn’t make people healthier. OVERLOOKS REALITY Mr. Baker, Mr. Daschle, Mr. Dole and Mr. duce the costs of health insurance so (By David Leonhardt) Mitchell: I accuse you of rationing. we get a good medical outcome at a Rationing. There are three main ways that the health reasonable cost. More to the point: Rationing! care system already imposes rationing on us. Some have come to the floor and As in: Wait, are you talking about ration- The first is the most counterintuitive, be- criticized that idea. I think they are ing medical care? Access to medical care is a cause it doesn’t involve denying medical

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15350 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 care. It involves denying just about every- But flat-out opposition to comparative ef- regulatory black holes and high-risk thing else. fectiveness is, in the end, opposition to mak- practices or products that could put The rapid rise in medical costs has put ing good choices. And all the noise about ra- our financial markets at risk. For this many employers in a tough spot. They have tioning is not really a courageous stand reason, I am pleased the administra- had to pay much higher insurance premiums, against less medical care. It’s a utopian which have increased their labor costs. To stand against better medical care. tion is proposing the creation of a make up for these increases, many have council of regulators to ensure that Mr. DURBIN. Mr. President, I yield many perspectives and areas of exper- given meager pay raises. the floor, and I suggest the absence of This tradeoff is often explicit during con- tise are brought to the table. tract negotiations between a company and a a quorum. As we know now from bitter experi- labor union. For nonunionized workers, the The PRESIDING OFFICER. The ence, we do not have, currently, any tradeoff tends to be invisible. It happens be- clerk will call the roll. entity charged with evaluating risk hind closed doors in the human resources de- The legislative clerk proceeded to across the financial spectrum. As a re- partment. But it still happens. call the roll. sult, we saw institutions take on far Research by Katherine Baicker and Ms. COLLINS. I ask unanimous con- Amitabh Chandra of Harvard has found that, more leverage than was appropriate. sent that the order for the quorum call We saw exotic new derivatives that on average, a 10 percent increase in health be rescinded. premiums leads to a 2.3 percent decline in in- were poorly disclosed, not well under- flation-adjusted pay. Victor Fuchs, a Stan- The PRESIDING OFFICER (Mrs. stood, and lightly regulated, if at all, ford economist, and Ezekiel Emanuel, an HAGAN). Without objection, it is so or- develop over the last few years and im- oncologist now in the Obama administration, dered. peril our financial markets. So it is published an article in The Journal of the Ms. COLLINS. Madam President, I critical that we have an entity—and I American Medical Association last year that ask unanimous consent that I be per- believe a council of regulators is the nicely captured the tradeoff. When health mitted to speak as in morning business costs have grown fastest over the last two best entity—to look across the finan- for 15 minutes. cial markets rather than having each decades, they wrote, wages have grown slow- The PRESIDING OFFICER. Without est, and vice versa. regulator view its regulatory respon- So when middle-class families complain objection, it is so ordered. sibilities and regulated entities about being stretched thin, they’re really f through a narrow prism. complaining about rationing. Our expensive, To my mind, the President’s decision FINANCIAL REGULATORY REFORM inefficient health care system is eating up to rely on a council model makes his money that could otherwise pay for a mort- Ms. COLLINS. Madam President, mo- proposal far more practical and effec- gage, a car, a vacation or college tuition. ments from now, President Obama will tive than alternatives which would The second kind of rationing involves the unveil his administration’s long-await- uninsured. The high cost of care means that have required the restructuring of some employers can’t afford to offer health ed proposal to restructure and reform most or all of the financial agencies insurance and still pay a competitive wage. our Nation’s financial regulatory sys- that currently oversee the financial Those high costs mean that individuals can’t tem. I wish to take a few minutes to system. The effort to achieve that kind buy insurance on their own. share my initial reactions to some of of massive change and consolidation The uninsured still receive some health the most important features in the would take many years to implement. care, obviously. But they get less care, and President’s plan. As the experience in the United King- worse care, than they need. The Institute of At the outset, let me say the Presi- dom demonstrates, it would be no guar- Medicine has estimated that 18,000 people dent and his financial team deserve died in 2000 because they lacked insurance. antee that our Nation’s economy would By 2006, the number had risen to 22,000, ac- considerable credit for tackling this be shielded from systemic risk, even cording to the Urban Institute. critical issue. It is important that all after such a consolidation were imple- The final form of rationing is the one I de- of us recognize how critical Federal fi- mented. scribed near the beginning of this column: nancial regulatory reform is and that Under the legislation I have intro- the failure to provide certain types of care, we not put this issue off until some dis- duced, a financial stability council even to people with health insurance. Doc- tant future. When the present crisis is would be the primary entity respon- tors are generally not paid to do the block- behind us—something we all hope will sible for detecting systemic risk and ing and tackling of medicine: collaboration, be sooner rather than later—other probing conversations with patients, small taking action to protect against that steps that avoid medical errors. Many doc- issues will demand our attention and risk. While I am pleased the President tors still do such things, out of professional calls for reform, I fear, will begin to has chosen the council of regulators pride. But the full medical system doesn’t do fade. If that happens, our financial sys- model as well, I differ with his proposal nearly enough. tem would remain flawed, and these to have the Secretary of the Treasury That’s rationing—and it has real con- flaws must be corrected or they will serve as the head of the council. In- sequences. emerge, once again, in the future to stead, I believe the council’s chairman In Australia, 81 percent of primary care threaten our prosperity and to imperil should be independent of any of the doctors have set up a way for their patients financial markets. to get after-hours care, according to the regulatory agencies serving on the Commonwealth Fund. In the United States, In several aspects, the President’s fi- council and that it is important that only 40 percent have. Overall, the survival nancial reform proposal parallels legis- that chairman devote his or her full en- rates for many diseases in this country are lation I introduced in March to fun- ergies to that role and not have other no better than they are in countries that damentally transform our Nation’s fi- important responsibilities. spend far less on health care. People here are nancial regulatory system. The bill I It is also important that individual less likely to have long-term survival after introduced would create a council of fi- be subject to congressional oversight, colorectal cancer, childhood leukemia or a nancial regulators to act as a systemic be presidentially appointed, and Senate kidney transplant than they are in Canada— risk monitor. The bill would also re- that bastion of rationing. confirmed. None of this means that reducing health quire stronger safety and soundness I do believe, however, that the Presi- costs will be easy. The comparative-effec- standards and would close the loophole dent made the right choice in not as- tiveness research favored by the former Sen- on the regulation of credit default signing this role to the Federal Re- ate majority leaders and the White House swaps. It would eliminate the Office of serve. That is a model that has been has inspired opposition from some doctors, Thrift Supervision, among other provi- discussed, that perhaps the Federal Re- members of Congress and patient groups. sions. serve should take on the responsibility Certainly, the critics are right to demand There is widespread consensus that of the systemic risk monitor. The that the research be done carefully. It should we do need a system, a measure for re- Chairman of the Fed would be a mem- examine different forms of a disease and, ideally, various subpopulations who have the viewing systemic risk. We need to have ber of the council, I have advocated, disease. Just as important, scientists—not one entity that is responsible for look- and, of course, the Nation’s top banker political appointees or Congress—should be ing across the financial markets and fi- would play a critical role in how the in charge of the research. nancial institutions and identifying council discharges its responsibilities.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15351 But, in my view, the Federal Reserve Since last spring, the Homeland Se- regulator and to have a consolidated already has plenty on its plate—includ- curity and Governmental Affairs Com- regulator. ing, after all, the conduct of monetary mittee, of which I am the ranking Fifth, I need to learn more about the policy—and should not be distracted member and Senator LIEBERMAN is the President’s proposal to consolidate from those primary responsibilities by chairman, has held a series of hearings consumer protection for financial prod- being asked to lead the new council. on the roots of the present financial ucts into one agency. The current fi- There are several other important crisis. One problem consistently raised nancial regulatory agencies—whether provisions in the President’s plan on by the experts is the fact that asset- the bank regulators or the Securities which I would like to comment. First, backed securities allowed lenders to and Exchange Commission or the with respect to the too-big-to-fail prob- sell their loans to investors and there- CFTC—all have an important role to lem, my bill would give the council the by avoid the risk that borrowers might play in consumer protection, a role authority to make sure large financial default on these loans. That encour- that has not always been played ade- institutions do not imperil the system aged looser lending standards, and led quately in the last few years. Is the an- by imposing higher capital require- to the boom and ultimately the bust in swer, however, to the problems we have ments on them as they grow in size or the housing market. seen simply to remove consumer pro- raising their risk premiums or requir- I understand the ability to sell those tection from the bank regulators’ re- ing them to hold a larger percentage of loans gives more liquidity and allows sponsibilities? I am not sure that is the their debt as long-term debt. The for additional mortgages to be made. right response. I think we need to look President also proposes that the coun- But I think if you required the lenders very closely at this issue. cil play a role in setting these require- to retain an interest in the loan, they Finally, I welcome the President’s ments. We have to get away from the are going to have more at stake when proposal to provide Federal regulators problem we have now where we create it comes to the financial security of with resolution authority over holding a moral hazard. A firm knows if it be- the loan and, indeed, whether the loan comes big enough and engages in suffi- companies and other nonbank financial should have been made in the first ciently risky processes or practices, institutions similar to the kind the place. Uncle Sam is going to step in and bail FDIC has over banks. This lack of au- Third, I am intrigued by the Presi- that institution out. That is exactly thority presented Federal regulators dent’s proposal to reform the role the wrong message for us to be sending. with a Hobson’s choice with respect to It is astonishing to me that our regu- played by credit rating agencies. I am nonbank financial institutions such as latory system was so lax and had so deeply concerned by the failure of AIG: bail them out or allow them to many gaps in it that we could have this these agencies to provide meaningful fail, notwithstanding the damage to huge market in credit default swaps warning of the riskiness of investments the economy as a whole. arise where they were regulated nei- backed by subprime loans, even after Madam President, let me conclude ther as a security or as insurance; that the market’s downturn. I am very trou- my comments. we can have a situation where a large bled by the way the system works now, As a former Maine financial regu- firm such as Bear Sterns has a leverage where essentially there is an auction, lator, I am convinced that financial ratio that exceeds 30 to 1 and no regu- there is ‘‘ratings shopping,’’ and there regulatory reform is absolutely essen- lator is stepping in; that we can have are conflicts of interest inherent in the tial to restoring confidence in our fi- all of those kinds of problems. That is system. nancial markets and to preventing a what we have to act to prevent. Fourth, I support the President’s pro- recurrence of a crisis such as the one The approach to too big to fail is one posal to regulate and bring trans- we now face. we have to undertake carefully, how- parency to the derivatives market, in- I applaud the administration for ever. I don’t think it makes sense to cluding the over-the-counter market. making this reform a priority. put some arbitrary limit on how big a This is a large, complex market where America’s Main Street small busi- firm can get, but I do believe that with some companies are trying to enter nesses, homeowners, employees, savers, increased size should come increased into legitimate hedging contracts, but and investors deserve the protection of scrutiny by the regulators and higher other financial institutions have been an effective, new regulatory system capital requirements. engaged in a tangled web of inter- that modernizes regulatory agencies, The TARP congressional oversight locking contracts that are extremely sets safety and soundness requirements panel has adopted a similar position. difficult to properly evaluate. for financial institutions to prevent ex- As the panel has explained: The lack of regulation and trans- cessive leverage, and improves over- We should not identify specific institutions parency in this area led to the near sight, accountability, and trans- in advance as too big to fail, but rather have failure of AIG, which had engaged in parency. I look forward to working a regulatory framework in which institu- hundreds of these contracts in the form tions have higher capital requirements and closely with the administration to pay more on insurance funds on a percentage of credit default swaps. As the finan- achieve these goals. cial crisis deepened, the American tax- basis than smaller institutions which are f less likely to be rescued as being too sys- payer was forced to bail out AIG with temic to fail. at least $70 billion due to the uncer- CONCLUSION OF MORNING Second, I support the idea of requir- tainty of the impact of these credit de- BUSINESS ing that lenders keep some ‘‘skin in the fault swaps on the economy as a whole. The PRESIDING OFFICER. Morning game’’ when dealing in asset-backed But AIG’s experience should not be business is closed. securities. One of the big problems used as an excuse to alter the tradi- f with the current system is risk has be- tional authority of States to regulate come divorced from responsibility. The insurance. TRAVEL PROMOTION ACT OF 2009— mortgage broker gets paid for finding It was a noninsurance financial sub- MOTION TO PROCEED the client, placing the loan with a fi- sidiary of AIG that led to the debacle. The PRESIDING OFFICER. Under nancial institution, and then has no AIG’s insurance business remained the previous order, the Senate will re- further obligation. The financial insti- pretty healthy. The problems were in sume consideration of the motion to tution that is underwriting the loan the financial services unit, and I do not proceed to S. 1023, which the clerk will ends up selling it on the secondary think it is a coincidence that unit was report. market so, again, it has no further ob- regulated by the Office of Thrift Super- The legislative clerk read as follows: vision, primarily, which has been long ligation. This system goes on and on A motion to proceed to the bill (S. 1023) to and on. So I think the President is recognized as the weak sister when it establish a non-profit corporation to commu- right about requiring everyone along comes to bank regulators. That is why nicate United States entry policies and oth- the chain to have a financial interest both my bill and the effect of the Presi- erwise promote leisure, business, and schol- in the ultimate health of the mortgage. dent’s proposal is to do away with that arly travel to the United States.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15352 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 The PRESIDING OFFICER. The Sen- legal, trade-distorting subsidies that, support and create twice as many ator from Washington. in effect, have caused adverse effects American jobs as an Airbus plane. Mrs. MURRAY. Madam President, I on the American aerospace industry at But it is not just about jobs. This is ask unanimous consent to speak as in the same time the European Union is about the future of America’s domestic morning business. being sued in the World Trade Organi- industrial strength. Our government The PRESIDING OFFICER. Without zation for those such practices. depends on our highly skilled indus- objection, it is so ordered. That is why I am writing to Ambas- tries—our manufacturers, our engi- PARIS AIR SHOW sador John Bruton urging the EU to neers, our researchers—and our devel- Mrs. MURRAY. Madam President, I show it is serious about pursuing fair opment and science base to keep the rise today to draw attention to an trade practices with the United States U.S. military stocked with the best and event that is going on across the At- by ending any discussion or movement most advanced tools and equipment lantic Ocean and how it impacts thou- forward on those subsidies. available. sands of good-paying family-wage jobs The message sent by the U.S. Gov- So whether it is our scientists who right here in the United States. ernment is very clear. are designing the next generation of As some of my colleagues know, the On April 11, 2005, this Senate unani- military satellites or our engineers Paris Air Show kicked off this week. mously adopted Senate Concurrent who are improving our radar systems The air show showcases many impres- Resolution 25. That resolution called or our machinists who are assembling sive displays of aviation, technology, for European governments to reject our planes, these industries and their and innovation. launch aid for the A350. workers are one of America’s greatest But there is something else that is Launch aid for the A350 or any other strategic assets. going to be on display at this year’s air form of preferential financing for Air- We ought to ask the question: What show: the fruits of some 30-plus years bus is unacceptable. We will not tol- if they were not available anymore? of direct cash advances and illegal sub- erate another round of subsidies that What if we here made budgetary and sidies to the European aerospace com- kill our American jobs. policy decisions without taking into pany Airbus. In addition to the trade-distorting account the future needs of our domes- For more than three decades now, subsidies now being talked about in tic workforce? the European governments that cre- Paris, there are other distortions show- That is not impossible. It is not un- ated Airbus to specifically compete ing up in the news accounts as well. thinkable. It is actually happening. with the United States have aggres- Several weeks ago, I had the oppor- And it is time to have a real dialog sively funded, protected, and promoted tunity here in the Senate to question here about the ramifications of these their venture. Air Force Secretary Michael Donley at decisions before we lose our capability Since 1969, the European govern- our Defense Appropriations Sub- to provide our military with the tools ments of France, Germany, Spain, and committee. I told him about my con- and equipment they need. Because once the UK have supported—the govern- cerns for the future of our domestic in- our plants shut down and our skilled ments have supported—Airbus’s com- dustrial base and how I believe the fu- workers move to other fields, and once mercial aircraft development with over ture capabilities of both our domestic all the infrastructure we have here is $15 billion in launch aid. Those are workforce and our military must be gone, it cannot be rebuilt overnight. high-risk loans at no- or low-interest, taken into account as we work to re- As a Senator from Washington State, with repayment contingent on the form our procurement process. I represent five military bases and commercial success of the aircraft. Secretary Donley agreed that the many of our military contractors and According to the USTR, the amount Pentagon has an interest in ensuring suppliers, and, believe me, I am keenly of launch aid Airbus has received dur- that our industrial base issues are aware of the important relationship be- ing the lifetime of that company—if it taken into account. tween our military and the producers was repaid on commercial terms—is That response now has some of who keep them protected with their well over $100 billion. Airbus’s top executives upset and once latest technological advances. Such massive, market-distorting sub- again distorting the facts. In news- I have also seen the ramifications of sidies to a private company are today paper reports over the weekend, the the Pentagon’s decisions on commu- allowing Airbus to offer incentives for chief executive of EADS—which is nities and workers and families. As airlines to buy their planes. Airbus is a Airbus’s parent company—Louis many of my colleagues know, I have mature company, with more than half Gallois, claims that if Airbus is se- been sounding the alarm about a de- of the market for large commercial air- lected to build the next generation of clining domestic aerospace industry for craft. But Europe is still treating it as military refueling tankers, they would years. The American aerospace indus- a company with kid gloves. create more jobs than competition for try has taken hits from the economic In fact, last week, Bloomberg News the U.S. aerospace industry. climate, but it is also being under- reported that Airbus is seeking ap- That is pretty hard to swallow. In mined by unfair trade practices and proximately $5 billion in launch aid fact, a year ago, in June 2008, an inde- these illegal subsidies of the type that from the governments of France, Ger- pendent, nonpartisan Economic Policy are now being talked about this week many, Spain, and the UK to now fund Institute study concluded that the in France. the development of the Airbus A350. now-overturned decision to award the This isn’t just about one company or Reports indicate that the deal could be tanker contract to Airbus would have one State or one industry; this is about completed within the month. actually cost the United States 14,000 our Nation’s economic stability, it is If we want to keep a strong aerospace jobs. about our skill base, and it is about our industry in America, we cannot let The truth is, Airbus does not even future military capability. We have that happen. Every time European gov- have a plant here in the United States watched as our domestic base has ernments underwrite Airbus with sub- and their well-documented plan is to shrunk, as competition has dis- sidies, our American workers get pink build their tanker airplane in Europe appeared, and as our military has slips. and then ship sections over here to the looked overseas for the products we If we want to lead the world in com- United States to be assembled. have the capability to produce from mercial aerospace, our message to Eu- The Boeing tanker, however, would scratch—not just assemble but produce rope has to be strong and clear: No be built in Everett, WA, and military from scratch—here at home. more illegal subsidies to prop up Air- capabilities would be added at the com- Last month, I worked with some of bus. And Airbus has to compete in the pany’s defense plant in Wichita, KS. our colleagues in the Senate to include marketplace just like everybody else. Suppliers in States across America a provision in the Defense Acquisitions I am deeply troubled that Airbus is would be supported by that contract. A Reform Act that has now been signed considering pursuing now additional il- Boeing-made tanker is estimated to by the President. My provision draws

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15353 the attention of the Pentagon leader- The PRESIDING OFFICER. Without cess, and continuation agreements in ship to consider the effects of their de- objection, it is so ordered. both Chrysler and General Motors. On cisions on our industrial base and its AUTO MANUFACTURERS BANKRUPTCY Monday, I received a letter that I ability to meet our future national se- Mrs. HUTCHISON. Madam President, thought was very positive from Chrys- curity objectives. These decisions I rise today to speak about the update ler, acknowledging the need for assur- should not be made in a vacuum with- on the Chrysler and GM bankruptcy ances on parts. They have now guaran- out regard to the long-term capabili- and their impact on the auto dealer teed 100 percent of the parts inventory ties of our industrial base and the community. for terminated dealers. workers who are its backbone. Almost 4 weeks ago, when we were So we have a situation here where Last weekend, EADS head Louis considering the supplemental appro- they did listen. They eventually said Gallois said: priations bill, I offered an amendment they would buy all of the cars that We will see at the end of the day who is to provide at least 60 days for any deal- were still left in inventory, and now, of creating more jobs. We are starting from er being terminated by an auto manu- course, they are going to buy the parts. scratch in Alabama. We have to create an in- facturer receiving TARP funding to Of course, the dealers that were being dustrial base. wind down its operations and sell its terminated had no use for the parts Well, America has a highly skilled inventory. My amendment was in re- which they had already purchased, and aerospace industrial base. It has taken sponse to the letter sent to 789 Chrysler so I think that was a fair ending to a very long time to build it. We have dealers May 13, 2009, informing them that dilemma. machinists today who have past experi- they were being terminated on June 9— I also wish to point out another part ence and know-how down the ranks for 3 weeks later—with no assistance for of the answer to the Commerce Com- over 50 years. We have engineers who auto inventory, parts, or special tools. mittee letter, which is on dealer termi- know our mission and know the needs I found that unacceptable. And you nations and market reentry. One of the of our soldiers and sailors and airmen know, a number of the people who things that came out in our hearing is and marines and they have a reputa- heard my amendment on the floor that in some places all of the dealer- tion for delivering for our U.S. mili- stepped up and said: I want to cospon- ships in the area were being closed, yet tary. sor that amendment. By the end of the we had word that there were new peo- I believe we need to move forward day, we had 38 bipartisan cosponsors on ple coming in seeking financing or a with a fair and transparent rebid of the the amendment to give these valued new dealership in the same place. That tanker contract. The comments and members of our communities at least didn’t quite ring right with us, and so the actions coming out of France this 60 days to wind down their businesses. we did ask for assurances that any week have been anything but. But, As a result of that amendment and dealer that was terminated would have again, this isn’t just about one con- thorough discussions with Chrysler some ability to come back in if another tract; this is about our Nation’s eco- president Jim Press and the Auto Task dealership was going to be put in that nomic stability, it is about our mili- Force, Chrysler responded with a com- area. And here is what Mr. Press said tary capability, and it is about ensur- mitment to facilitate the transfer of in the letter of June 12, 2009: ing that our workers are a consider- inventory and parts for the terminated Chrysler Group LLC will commit to pro- ation in the decisions we are making dealers. vide nonretained dealers with an opportunity on major defense contracts. As soon as we returned from Memo- for first consideration of new dealerships It took us a long time to build our in- rial Day recess, Chairman ROCKE- that the company may contemplate. dustrial base, and it is built on the best FELLER and I called a Commerce Com- We sent the same request for infor- America has to offer: Our innovative mittee hearing specifically on the im- mation to the General Motors CEO, spirit, our dedication to this country pact of the Chrysler and GM bank- and his answer was: and, most importantly, our Nation’s ruptcy on the auto dealer community. You have asked about situations where GM workers. We have to work to preserve This hearing provided the first outlet will authorize the establishment of a new it, and we need to stand against unfair for dealers to express their opinions on dealership near the location where a current, and illegal trade practices such as the how they were being treated in this profitable dealer has been asked to wind ones that are being talked about at the process, and it gave Chrysler and GM down operations. It is not our plan for cur- Paris Air Show this week. CEOs the opportunity to explain their rent dealerships to be wound down only to open up new dealerships. Rather, our plan is The Presiding Officer and I both reasoning for the termination of lit- to reduce overall dealer count. However, in know we are in the middle of a reces- erally thousands of dealerships across those rare instances where we do open a new sion. We are engaged in wars abroad. the country. We pressed the auto man- dealership, in an area previously served by a These are two separate but not unre- ufacturer executives to reconsider how winding down dealer, we commit to provide lated challenges. We have the ability in they were treating these independent advance notice to former dealers and allow America to provide our military with business men and women, and we them an advanced opportunity to apply to the equipment they need to defend our sought progress reports on their com- run the new dealership. Nation and project our might world- mitments to me, our committee, and I think that is a step in the right di- wide. But I fear, unless we stand for this body to provide a softer landing rection, and I hope that will be fol- our industrial base today, we stand to for terminated dealerships. lowed through on in a legitimate and lose the backbone of our military In response to the concerns we raised positive way because it would be the might, some of our best-paying Amer- in that hearing, Chrysler did take an- most cruel cut for a dealer that has ican jobs, and our economic strength in other step forward on behalf of its ter- been closed—a dealer that is profit- the future. minated dealers by formally guaran- able—to all of a sudden have a new Now is the time to take this stand teeing that every piece of inventory at dealer come in and open on the same and stand for our military and for our these dealerships would be purchased ground or in the same area as the deal- workers. It is critical to preserving at cost, minus inspection and transpor- er that was closed at great loss. America’s future strength. tation fees. So they made the promise Remember, we have a dealer now I thank the Chair. I yield the floor after the Memorial Day recess that with a huge piece of real estate. These and I suggest the absence of a quorum. they would buy every car. auto dealerships are big lots because The PRESIDING OFFICER. The This reassuring news, of course, was they have all these cars on them. So clerk will call the roll. welcome to the dealer body, but we they are big pieces of real estate, and The assistant legislative clerk pro- still had concerns. I continued to push they are big buildings that are gen- ceeded to call the roll. Chrysler for assurances regarding parts erally suited just for the purpose of an Mrs. HUTCHISON. Madam President, and equipment. The Commerce Com- automobile showroom, and they have I ask unanimous consent that the order mittee sought additional answers on been left or sort of stuck with this real for the quorum call be rescinded. transparency, dealer reentry, rural ac- estate and stuck with all of the other

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So I thought that was a very impor- understand why he believes that; why I think we are making progress. I tant part of the letter and commitment Mr. Bloom or the Auto Task Force or think GM and Chrysler are doing bet- that is being made. But, of course, the GM or Chrysler believe when the deal- ter with regard to the dealers, and I commitment has to be followed ers take the risk, and they are profit- hope they will continue to understand through with—a responsible advance able, that it will increase sales to these are important parts of commu- notice and a fair hearing for the dealer eliminate those dealerships. I certainly nities all over America, these fran- that has gone out of business to be able do not understand how the task force, chises that they have put out. They to come back in. which is part of the White House, have been encouraged to buy inventory I commend Chrysler for heeding the would not see that this is going to hurt to try to help the companies not to go calls of Members of Congress and the the economy in the long run—putting into bankruptcy, and then when they dealer community and responding in a people out of jobs, thousands of people did go into bankruptcy they were sort way that does give additional support out of jobs. It is counterintuitive to of left high and dry. I think it is our re- to the dealers. me. sponsibility—particularly in the case General Motors, meanwhile, did sit However, it is being done. All we are of GM and Chrysler, because they are down with the National Auto Dealers trying to do is help the people who are getting taxpayer dollars—that they Association after our Commerce Com- being shut down to have the first rights should have a little more concern mittee hearing to work out concerns to new dealerships that would open, about the overall economy because it is with the supplemental agreements con- and to make sure they are treated as tax dollars that are propping them up. tinuing dealers were asked to sign. I fairly as possible. You cannot say it is I ask unanimous consent the letters commend GM for making concessions fair because getting 3 weeks’ notice to that Senator ROCKEFELLER and I re- during those discussions, and I hope shut down an auto dealership is not ceived from Mr. Henderson and Mr. they will continue that positive dialog fair. GM has given a longer time pe- Press, of GM and Chrysler respectively, and interaction as the GM dealer net- riod, but although the GM company is be printed in the RECORD, and I yield work seeks additional information, saying: You will have until next year, the floor. support, and assistance. 2010, to shut down your dealerships, yet There being no objection, the mate- I will continue to work with the auto the ones that have gotten the notice rial was ordered to be printed in the manufacturers to provide our dealer that they are going to be closed under RECORD, as follows: communities with the support and as- GM are being told they cannot buy any GENERAL MOTORS CORPORATION, sistance they need in this very chal- new cars to sell. They can wind down Detroit, MI, June 12, 2009. lenging time. the inventory they have, but they can- Hon. JOHN D. ROCKEFELLER, IV, I am worried about what is hap- not stay in business until 2010 if they Chairman, Committee on Commerce, Science and pening to many communities in my cannot get access to new automobiles Transportation, Hart Senate Office Build- State and all over America because so and parts. ing, Washington, DC. Hon. KAY BAILEY HUTCHISON, often auto dealers are such a pillar of It does not seem as though that is Ranking Member, Committee on Commerce, the community. They are very commu- going to work very well either. I am Science and Transportation, Russell Senate nity oriented. They advertise, they hoping GM is going to also be a little Office Building, Washington, DC. support the Little League, they sup- more responsible in trying to help DEAR MR. CHAIRMAN AND SENATOR port the United Way, and they support those that are being closed, with some HUTCHISON: Thank you for your letter re- the high school football programs. ability to wind down in a more con- garding rationalizing of the General Motors They are community citizens, and they structive way. dealer network. I appreciate the time that are always the first one to step up As we continue these discussions be- you have devoted to understand the issues facing GM and the efforts we are under- when the community needs something. tween the dealer community and the taking to restructure the company for future It has been stated that closing these auto manufacturers, I certainly hope viability. I appreciate the thoughtful ques- dealerships is necessary, even where it we will be able to keep track of the tions and comments concerning how we de- is the only dealership in town and even progress. I would like to continue to cided which dealers should remain with the when it is profitable. But the dealer get the progress reports, to see how new company and the impact of those deci- takes all of the risk. They buy the these automobile companies are doing, sions on the dealers and the communities in cars, they buy the parts, they buy the and to get input from the dealers. It which they operate. Dealers are critical to the future of GM. special equipment, they have the real has been a very tough blow to them, es- Strengthening our dealer network will make estate costs. They take the risks, not pecially those that did not see it com- that future possible, and preserve over the manufacturer. ing because they were profitable, or 200,000 jobs at GM’s remaining dealers, along I am not convinced that cutting like one of my constituents who had a with hundreds of thousands of jobs with down on the number of dealerships is profitable dealership in a location in GM’s direct manufacturing and supplier net- the most productive thing for this Galveston County for years and years work. As I stated in my testimony, restruc- economy today. We are trying to keep and years and then was told that he turing our dealer network is quite painful— jobs. We are trying to keep commu- was going to be closed, even though he for us, and especially for our dealers. Many nities going. We are trying to keep our of our dealers operate businesses that have has dealerships in other parts of the been in their families for generations. Our economy steady and growing. Why we Houston area, he was being closed in actions affect them personally as well as fi- are closing down dealers and putting Galveston County and, of course, Gal- nancially. They also affect the communities people out of jobs when they are profit- veston was struck by a terrible hurri- and states where our dealers live and work. able and contributing to the commu- cane—Ike—last year and his business That is why we are conducting our GM nity is, frankly, lost on me. In fact, I was down in the Galveston location. dealer restructuring thoughtfully and objec- asked Mr. Ron Bloom, who is a member That is not surprising. tively and in consultation with our dealers. of the Auto Task Force, at a Banking Many people have not been able to We decided not to outright terminate deal- ers, and instead developed a unique wind- Committee hearing after the Com- move back to Galveston County be- down process that we believe is considerably merce Committee hearing. I said: Why cause their homes were destroyed and more equitable. did the task force ask both GM and they have no ability to live in Gal- The issues that you raise generally result Chrysler to go back to the drawing veston County anymore. At least until from our bankruptcy. I have stated on many

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As economic con- LITIGATION PENDING BEFORE BANKRUPTCY dealers who were not brought forward into ditions worsened, and we face the equivalent FILING the new company, and can understand their of an economic depression in the auto mar- The treatment of lawsuits and other disappointment. This has been the most dif- ket, bankruptcy became the only option for claims is an important issue. All claimants ficult business action I have personally ever GM to restructure and survive. will have the opportunity to submit their had to take. The concerns you have raised are addressed WIND DOWN AND PARTICIPATION AGREEMENTS claims and have them resolved as provided in order below: During the hearing, many issues were by the Bankruptcy Code and other applicable raised about the agreements GM asked its law, both as to amount and priority. We un- VEHICLE INVENTORY, PARTS AND SPECIAL TOOLS dealers to sign, either to wind down oper- derstand that the Bankruptcy Court rou- Regarding the concerns you have outlined ations or continue with the New GM. GM tinely addresses these issues, taking into ac- relative to inventories, parts and special crafted these agreements to provide dealers count the concerns of the claimants and the tools, Chrysler has made a commitment to with more options than they would other- bankrupt company. An unfortunate con- its discontinued dealers that 100% of the in- wise have. sequence of bankruptcy is that many claims ventory on their lots will be purchased at With respect to the wind down agreements, do not receive the priority that the plaintiff cost minus a $350 inspection, cleaning and we carefully drafted them to provide the would prefer. transport fee. Through a letter dated June 5, dealers financial assistance, flexibility and SERVICE IN RURAL AREAS 2009 Chrysler informed all discontinued deal- ers that we will guarantee the re-distribu- choice regarding the time they take to or- We also carefully considered our dealer tion of 100% of eligible vehicle inventory. We derly wind down their business. We did not network coverage in rural areas and small have successfully found buyers for 100% of terminate any dealers, rather providing towns versus urban/suburban markets. We the outstanding vehicle inventory, and deal- them with options to sell and service vehi- know that our strong presence in rural areas, ers requesting our assistance have received cles for up to 16 months. This approach is in small towns and ‘‘hub’’ towns gives us a commitments for 80% of their parts inven- stark contrast to what happens to most con- strong competitive advantage on average of tracts in bankruptcy, where contracts are tory. more than 10 points in market share, and we We will continue to work with the discon- typically simply rejected with no assistance. would like to maintain that advantage. With regard to the participation agree- tinued dealers to redistribute their parts in- When our rural and small town dealers per- ventory for the next 90 days. After that time ments, we continue to respect and follow form to our standards, they are a huge asset, state franchise law and provide a new oper- we will commit to repurchase remaining and so we intend to retain an extensive rural qualified parts inventory from those dealers ating approach that will benefit both the network of 1,500 dealers nationally. With this dealer and GM. We respectfully disagree that at the average transaction price for all parts comprehensive network in place we are con- already redistributed. We will also continue the participation agreements are onerous or fident we can continue to provide all of our otherwise improper. At the hearing, the Na- to work to redistribute all remaining special customers with reasonable access to dealers tools. tional Automobile Dealers Association wit- and service, obviating the need for ‘‘service DEALER TERMINATIONS AND MARKET RE-ENTRY ness and some Senators raised questions only’’ outlets. However, we will conduct about the participation agreements. I com- market analyses to ensure that there is suf- While some profitable dealers were not re- mitted to you that we would quickly meet ficient representation of GM dealers so that tained by Chrysler, it is important to note with NADA to better understand their con- we meet the needs of customers, especially that profitability alone is not an adequate cerns. We are pleased to report that GM and in rural areas. measure and is one of several elements that NADA, as well as representatives of the GM determine a dealer’s viability and value to GM TECHNICIAN PLACEMENT National Dealer Council, reached an under- Chrysler. The factors we considered in mak- standing of the key issues and as a result, on GM is proud of the dealer technicians who ing these decisions included: June 9, GM sent a letter to each dealer we service GM vehicles. Many of these techni- Total sales potential for each individual had asked to sign a participation agreement cians are highly trained and possess multiple market which clarified the important issues, includ- technical certifications. Factory trained in- Each dealer’s record of meeting minimum ing that the dealers retained certain rights dividuals with these skills and credentials sales responsibility afforded by state law. I have attached for are highly sought after in the industry. GM A scorecard that each dealer receives you a copy of the dealer letter as well as the shares your concern that these technicians monthly, and includes metrics for sales, GM and NADA press releases on these clari- may lose their current positions. In response market share, new vehicle shipments, sales fications. I can assure you that GM respects to your letter, we commit to taking actions, satisfaction index, service satisfaction index, the rights of dealers and consider them key such as by making training records and cer- warranty repair expense, and other compara- and critical to the success of the New GM. tifications available, with technician con- tive measures sent, to employment services and resume Facility that meets corporate standards DEALER MARKET RE-ENTRY sites. In addition, we have already begun a Location in regard to optimum retail You have also asked about situations review with our National Dealer Council to growth area where GM will authorize the establishment develop ideas on how GM can help the deal- Exclusive representation within larger of a new dealership near the location where ers’ technicians transition to other dealers. markets (Dualed with competitive franchise) a current, profitable dealer has been asked to General Motors appreciates the support of Opportunity to complete consolidation of wind down operations. It is not our plan for Congress and President Obama and takes the three brands (Project Genesis) current dealerships to be wound down only very seriously our responsibility to create a Dealers may be profitable while not meet- to open up new dealerships. Rather, our plan healthy GM for generations to come. Thank ing their Chrysler new vehicle ‘‘minimum is to reduce overall dealer count. However, in you for the opportunity to respond to your sales responsibility’’ level. For example, a those rare instances where we do open a new concerns. dealer may focus on maintaining a low cost dealership, in an area previously served by a Sincerely, structure through a lack of modernization, a winding down dealer, we commit to provide FREDERICK A. HENDERSON, heavy emphasis on used vehicles, lack of in- advance notice to former dealers and allow President and Chief Executive Officer. vestment in training and capacity. There- them an advanced opportunity to apply to fore, a dealer could be profitable while not run the new dealership. CHRYSLER LLC, meeting their new vehicle sales and cus- When rationalizing our dealer network we Auburn Mills, MI, June 12, 2009. tomer satisfaction obligations. looked at several factors, including profit- Hon. JOHN D. ROCKEFELLER IV, Also, we understand and value the loyalty ability. Over two thirds of the dealerships U.S. Senate, and experience represented in many of the that received wind down agreements were Washington, DC. discontinued dealers. As we consider market not profitable. Profitability is only one Hon. KAY BAILEY HUTCHISON, re-entry or expansion in the future. measure of a dealer’s suitability for a future U.S. Senate, Chrysler Group LLC will commit to pro- dealership opportunity. Equally important Washington, DC. vide non-retained dealers with an oppor- are the dealer’s prior sales performance, cus- DEAR CHAIRMAN ROCKEFELLER AND RANKING tunity for first consideration of new dealer- tomer satisfaction performance, needed MEMBER HUTCHISON: Thank you for the op- ships that the company may contemplate. funding and ability to provide acceptable portunity to respond to the concerns raised PROVIDING TRANSPARENCY IN THE DECISION- dealership facilities. While a profitable deal- in your June 9 letter. As I highlighted last MAKING PROCESS er may provide high levels of customer serv- week at the Senate Commerce Committee To achieve the necessary realignment, we ice, it is not always true, and unfortunately hearing, it is critically important that the used a thoughtful, rigorous and objective

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15356 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 process designed to have the least negative such as product liability claims are not car- average of 6.28 miles from the nearest Chrys- impact while still creating a new dealer foot- ried forward into the new enterprise. The ler, Jeep or Dodge dealer now; this distance print scaled to be viable and profitable for judge found this decision to be within the will increase to 6.80 miles after the consoli- the long-term. Factors in the decision-mak- debtor’s sound business judgment, and it is a dation. With regard to rural dealers, the dis- ing are outlined in the second question customary bankruptcy outcome. Any prod- tance increases from 9.72 to 10.70 miles. Even above. uct-related claims arising from vehicles sold with the consolidation, our dealers on aver- Upon request, we will share with any deal- by the New Chrysler will be addressed by the age are more conveniently located to cus- er the rationale and specific data used in new company. This is consistent with the tomers than Toyota or Honda dealers are to making the decision on the dealer separa- goal of a Chapter 11 bankruptcy, which is to their customers. tion. create a framework enabling a vibrant, sus- Additionally, we will consider companion CONSUMER PROTECTION tainable new company to emerge. facilities to address potential sales and serv- Bankruptcy is a very difficult process re- CONSUMER ACCESS TO SERVICE IN RURAL AREAS ice issues in areas of concern. Chrysler will quiring hard choices and painful decisions. There will be over 2,300 remaining Chrys- send a letter to all customers notifying them The bankruptcy process has impacted all ex- ler, Jeep and Dodge dealerships conveniently of the four nearest dealers who can provide isting stakeholders. With a failed enterprise, located with the parts and trained techni- service. It is not in Chrysler’s interest to there are many who suffer significant losses. cians to service consumers’ vehicles. Based abandon existing customers to the detriment Traditionally in a bankruptcy, liabilities on registration data, our customers reside an of future parts and new vehicle sales. CUSTOMER CONVENIENCE COMPARISON [Average distance in miles a customer must drive to reach a dealership]

New Chrys- Change Old Chrysler ler chrysler Toyota Honda Chevy Ford

Metro ...... 4.45 4.82 0.37 5.01 5.11 4.10 4.23 Secondary ...... 6.08 6.44 0.36 7.38 7.58 5.69 5.76 Rural ...... 9.72 10.70 0.98 19.27 24.27 8.04 8.69 Total ...... 6.28 6.80 0.52 9.11 10.31 5.58 5.81

PLACEMENT ASSISTANCE FOR CHRYSLER The ACTING PRESIDENT pro tem- ly, I have great difficulty under- TECHNICIANS pore. The Senator from Texas is recog- standing why she was singled out. Chrysler is sensitive to the job loss associ- nized. There have been a great many nomi- ated with the non-retained dealers. In an ef- Mrs. HUTCHISON. I object on behalf nees who have come before the Senate fort to assist employees, a job posting of the minority because they have not in the last couple of months in connec- website is currently being developed in part- tion with the Department of the Inte- nership with Careerbuilder.com. This website yet had time to clear this on our side, will list jobs that are available at Chrysler but certainly we will work with you rior responsibilities. Why we would be dealerships nationwide to the extent such in- going forward to be able to expedite singling her out and holding her up formation is provided to us. Additionally, this nomination. while others have been approved I have there will be a resource section to provide The ACTING PRESIDENT pro tem- great difficulty understanding. ‘‘how to’’ tips on items like resume building pore. Objection is heard. My colleagues say they need addi- and job interview techniques. Mr. BINGAMAN. Mr. President, let tional time. Frankly, I cannot under- Again, I appreciate your concerns and me comment briefly. I regret objection stand what the additional time relates want to assure you that we are doing every- to. I know of no questions that need to thing we can to support the dealers that are has been raised again. This nomination not going forward and to ensure that the new was reported out of our Energy and be looked at. I know of no objections company going forward is successful. Natural Resources Committee on April that have been raised to her nomina- Sincerely, 30. Of course, we are now at June 17. tion. JAMES E. PRESS, There was no testimony at our com- I hope that if there is anything, any Vice Chairman & President. mittee hearing or no suggestion made additional investigation or question that continues to exist on the Repub- f by anybody that Ms. Tompkins was not lican side, they would resolve that here qualified for this position. Clearly, she UNANIMOUS-CONSENT REQUEST— in the next day or two so we can com- is qualified and well qualified for this EXECUTIVE CALENDAR plete this nomination and get on with position. She has served in important Mr. BINGAMAN. Mr. President, other business. But this is a very unfair twice in the last 2 weeks I have asked positions in our State government in situation with regard to this nominee. a unanimous consent to proceed to con- New Mexico. She is, by education and In my view, there is no justification for sider Calendar No. 97. I would like to experience, eminently qualified to be it. I know the Presiding Officer, Sen- the Solicitor. do that again at this time. We have ad- ator UDALL, and I will continue to pur- vised the Republican side of the aisle I I also point out to my colleagues, she sue this repeatedly over the coming will be doing that, so I will proceed is the first Native American to be nom- days until this matter is resolved and with that at this point. inated by the President to be the Solic- she can be confirmed. I believe that Mr. President, I ask unanimous con- itor for the Department of the Interior, once permission is given for her nomi- sent that the Senate proceed to execu- and she is the second woman in the his- nation to be voted on, she will be over- tive session to consider Calendar No. tory of this country to be nominated to whelmingly confirmed. That is as it 97, the nomination of Hilary Chandler be the Solicitor of the Department of should be. But due to the arcane rules Tompkins to be the Solicitor of the De- the Interior. that we operate under in the Senate, partment of the Interior, that the nom- This is an extremely important posi- the Republican Members have chosen ination be confirmed, that the motion tion. Secretary Salazar is trying very to hold up this nomination very un- to reconsider be laid on the table, that hard to put together a team of people fairly, in my view, and I think we will no further motions be in order, that who can help him to do the job of Sec- have to revisit it again in the next few any statements relating to the nomina- retary of Interior, and he needs a per- days. tion be printed in the RECORD, that son in this Solicitor’s office he can de- Mr. President, I yield the floor and upon confirmation the President be im- pend upon. He has chosen her to be suggest the absence of a quorum. mediately notified of the Senate’s ac- that person. The ACTING PRESIDENT pro tem- tion, and that the Senate then resume To my mind, it is unacceptable for us pore. The clerk will call the roll. legislative session. to continue denying him the choice he The bill clerk proceeded to call the The ACTING PRESIDENT pro tem- has made, and the choice President roll. pore. Is there objection? Obama has made, for the Solicitor’s of- Mr. KYL. I ask unanimous consent Mrs. HUTCHISON. Mr. President, I fice. It is very unfair to Ms. Tompkins that the order for the quorum call be do object. to be denying her this position. Frank- rescinded.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15357 The ACTING PRESIDENT pro tem- Arizona, we have more than 100 co-ops We add on top of all of that a trillion, pore. Without objection, it is so or- all across the State. Some commu- 2 trillion, who knows how much to try dered. nities use them to get fresh food, elec- to find coverage for about 45 million HEALTH CARE REFORM tricity, hardware, heating fuel or cre- people. We have not had the answers to Mr. KYL. Mr. President, I have been ate credit unions. A bloated, Wash- the questions yet of how we would pay talking about, over the last several ington-run health care bureaucracy for it and who would pay, but we have days, health care reform which is ur- forced upon the public is not a co-op. seen proposals that range from taxes gently needed. No one is satisfied with As former Secretary of Health and on beer and soda to juice, salty foods, the status quo. We have all heard un- Human Services Michael Leavitt has eliminating charitable tax deductions. fortunate stories about Americans who written in a soon-to-be-published Fox We even heard about a value-added tax cope with health insurance. All Ameri- News article he shared with me: that would tax everyone regardless of cans deserve access to high-quality A co-op that would be federally controlled, income. Would there be anything left health care. In a country as innovative federally funded, and federally staffed sounds that the Federal Government does not and prosperous as ours, we can achieve like the public option meets the new General tax at the end of this? that goal. Republicans believe we can Motors. The HELP Committee would also es- do so by putting patients first. We be- In the era of the GM takeover, Wash- tablish a new prevention and public lieve Americans should be trusted with ington controls the purse strings, pays health investment fund. We don’t know their own money to make wise deci- the bills, dictates the rules. The same all the details, but what we have heard sions about the health care plan that would be true of a Washington health is that, it would direct billions of dol- best fits their family’s needs. We do care co-op. lars to the government to do healthy not believe forcing everyone into a As Leavitt put it in this article: things. Like what? Like building side- one-size-fits-all, Washington-run sys- Washington healthcare would result in walks and establishing new govern- Americans being ‘‘co-opted,’’ rather than tem, as the President wants, is the so- being given a ‘‘co-op.’’ ment-subsidized farmers markets. The lution to our health care problems. In- idea is to encourage healthier life- Americans are also concerned about deed, we believe a Washington take- styles. I suppose that creating side- the cost of the bills being proposed on over would create a whole new set of walks so people can jog on sidewalks the Democratic side. The nonpartisan problems, the likes of which are experi- creates healthy lifestyles. I was at a Congressional Budget Office’s prelimi- enced every day in countries such as farmers market this weekend. I didn’t nary estimate shows that the bill in Canada and Great Britain. notice any Federal subsidies. I am sure the HELP Committee or the draft bill President Obama often says if you the vegetables there are good for every- created by the senior Senators from are insured and you like your current body, and it would be nice to have Massachusetts and Connecticut—the health care, you can keep it. But as I more farmers markets. But should the piece of legislation I am talking pointed out several times, the Presi- about—would cost a trillion dollars government be spending a lot of money dent’s plan would, in fact, force mil- over the course of 10 years but only on things such as that in the guise of lions of Americans into the govern- would reduce the number of uninsured trying to provide healthier Americans ment system by providing incentives by 16 million. So a trillion dollars to so we have less costly insurance? En- for their employers to eliminate their bring 16 million people into insurance couraging healthier life styles is fine, coverage. Government-run health care status. For those who would be newly but I don’t think this is the kind of re- systems in Canada and Great Britain covered, the cost would be $65,185 per form the American people have in have, over and over, failed the very pa- person for 10 years of coverage. That is mind. It is also indicative of a very tients they were created to serve. Ac- only a preliminary estimate for part of wasteful and inefficient system, when- cess to doctors, tests, treatments, and the plan. Of course, the preliminary es- ever it is run by the Federal Govern- medications is limited. Patients wait timate does not tell the whole story. ment in Washington. through painful months and years to What would it cost to cover the re- We all believe that families who can get the treatment they need. The maining 31 million who are thought afford insurance should be helped. longer they wait, the more their condi- not to have insurance or the millions There are ways to do that. The poorest tions worsen. Medications are some- who would be displaced from current Americans are already eligible for Med- times unavailable or the government private coverage with their employer icaid, and we should see to it that Med- may refuse to pay for them, despite the into the public plan? Remember, I indi- icaid and Medicare are strong and that guarantee of universal coverage to all. cated that private employers would everyone who is eligible signs up for Innovation and new medical tech- have no incentive to keep those people them. One of the reasons there are so nologies are not encouraged because on their own rolls when it would be many uninsured is that many of the they would lead to higher costs. Pa- much cheaper to have them go to the people who are eligible for private in- tients deal with bureaucratic hassles as government option. surance or Medicaid have not signed they try to navigate their way through The bill also provides subsidies for up. We could get them signed up for an overly complicated maze of rules. families whose incomes reach 500 per- that. Americans want health care reform, cent of the poverty line which gets you That leads to another question about but they don’t want to experience the close to $100,000. Washington-run health care. Will in- rationing and the ordeals that a gov- The first question one has to ask in creased demands for government ernment system would create. these circumstances is, How do we pay health care diminish the quality of As opposition to this public option for all of this, and who will pay. We are care that is now received by America’s idea or Washington takeover grows, all familiar with the huge expenditures seniors in Medicare? That is an impor- some Democrats have been trying to of this government since the beginning tant question for seniors to con- disguise this takeover with a new of the year on the so-called stimulus template. They want Congress to find name. They have come up with the idea package, the so-called omnibus bill, ways to ensure Medicare is solvent. of calling it a health insurance co-op. the budget that has been provided, and They don’t want us to divert the pro- This started with a very good idea from now the supplemental that we will gram’s resources into a massive new the Senator from North Dakota but has probably be taking up tomorrow, all of entitlement for everyone. Yet we all evolved into simply another name for a which adds trillions of dollars in more know, as the President himself has government-run insurance company. debt, more debt than all the other said, that Medicare is not solvent. It is As we all know, a co-op in its purest Presidents and Congresses of the not sustainable. Now we are going to form is a business controlled by its own United States put together. In fact, add additional burdens and expect that members. Co-ops form when commu- double that, and that is how much debt there would not be any negative im- nities unite to solve a common prob- is created in just one budget of Presi- pacts on America’s seniors. I find that lem or exchange goods and services. In dent Obama. hard to believe.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15358 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 I haven’t read anything in the Con- lieve in and they like, interfered with ited dollars we have to provide this free gressional Budget Office’s preliminary in order to achieve these other two care to everybody within the country. report that makes me more optimistic goals. What we are saying is, we do not about this. The preliminary numbers One of the things they are most fear- want America to get to that point should make us even more weary of ful of is that their care will be ra- where you have to ration the health adding a new government program. tioned. When we talk about saving care. In Great Britain they have a term Finally, we are told we must hurry money in Medicare in order to pay for called ‘‘QALY.’’ It stands for Quality up and pass the health care reform insuring more Americans, seniors Adjusted Life Years: QALY. What they President Obama wants for the sake of rightly question whether some of the have literally done is to say that a per- the economy. The President pitched care they have been getting is going to son’s life is worth between 20,000 and this same argument to Congress as he be denied them or that they will be de- 30,000 pounds—I gather that is probably rushed us to pass the stimulus, which layed in getting that care. about $35,000 or $40,000—and that in a was packed with debt and waste, the One of the ways that could be accom- year of your life, I think it comes out details of which are now coming to plished is by using something the Con- to about $125 a day. If the health care light thanks to a new report by Sen- gress has already passed called com- the doctor has prescribed costs more ator COBURN. The reality is, the bulk of parative effectiveness research. That than that, then in most cases you do the money we passed for the stimulus stimulus bill I talked of earlier appro- not get it, even though the doctor says should simply not be spent. That will priated $1.1 billion to conduct compara- you need it, and he is willing to pre- not be efficiently spending taxpayer tive effectiveness research. It wasn’t scribe it and help you with the proce- dollars. I argued at the time that rush- necessary because it is done in the pri- dure or treatment or taking the drug. ing to borrow money to pass such an vate sector all the time. Hospitals, I would hate to get to that point in expensive and complex bill was irre- medical schools, associations, groups of the United States where we have an sponsible and a disservice to taxpayers. people who want to find out which agency that says how much we think Administration economists insisted treatment is best for the most people your life is worth every day—$125—and that if Congress hurried to pass the conduct this kind of research all the says: Well, if the prescription of the stimulus, unemployment would peak at time. Is drug X or drug Y better to doctor costs more than that, you are 8 percent. Four months later, unem- treat people when they have a certain out of luck, we are not going to pay for ployment has now reached 9.4 percent, condition? They run tests to see how it. Incidentally, the national health care and here we are again being pressured the different medications perform. system in Great Britain has an acro- to hurry up and spend another trillion They then give those results to physi- nym for that agency; it is NICE. It is taxpayer dollars. cians who use that information in pre- the National Institute for Health and Republicans will not be rushed into scribing to their patients. It is a way Clinical Excellence, N-I-C-E: NICE— passing the Democrats’ health care we have found that we can provide bet- not so nice when you do not get the bill. We are going to ask the tough ter quality care for more people. Some- care your doctor says you need. questions. I think our constituents de- times, by the way, we can save money What Senator MCCONNELL and I have serve answers to those questions. Based as well. said is that the government cannot use upon the track record so far, I wouldn’t The point is not to try to figure out this research, this comparative effec- how to cut costs so we can deny certain say the experts who have told us don’t tiveness research, for the purpose of de- care to people and, therefore, not have worry about the cost, everything will nying your care. Obviously, it can be be fine, have not guessed right, as the the cost of providing it. Unfortunately, used for the purpose for which it was Vice President said last Sunday. I that is one of the purposes to which originally intended; namely, to figure don’t think our constituents want us to this research could be put. It has been out which treatments and prescriptions hurry it. They want us to do it right. acknowledged by people both within are best. But it cannot be used to deny We want real reform, not more deficits, the administration and without. The treatment or service. government waste, and unsustainable acting head of the National Institutes We obviously make an exception for programs. of Health, for example, talked about the FDA, the Federal Food and Drug As we reform health care, we need an using this research for allocation of Administration, which can say a cer- approach that makes sure the patients treatments. tain drug is dangerous to your health. come first and that no government bu- Allocation of treatments is another Obviously, that would be exempted reaucrat stands in the way of the doc- way of saying rationing. You decide from this prohibition. But otherwise tors prescribing treatments and medi- which treatments to allocate and we say you cannot ration health care cations their patients need. The suc- which ones not to. This is the way it is with comparative effectiveness re- cess of America is largely due to the done in Great Britain and Canada. search. individual freedom we all enjoy. Indi- They do not have enough money to pay The bill pending before the HELP vidual freedom triumphs when the doc- for all the health care that physicians Committee actually creates an agency tor-patient relationship remains free of prescribe, so they simply delay some of to use this research for that purpose. government intervention. We must the care until it is not needed anymore So there is a blatant attempt in the continue our great tradition as we pur- or the person dies or they deny it. For HELP Committee to use this research sue the health care reforms we all example, one of the policies was not to to ration care. Our legislation would want. prescribe a drug—well, the doctor pre- stop that. We think we ought to pass it Let me comment on a piece of legis- scribes the drug, but not to fill the pre- now to instruct the HELP Committee lation Senator MCCONNELL and I intro- scription for an eye condition until the that we do not want that to happen. duced. I would love to have everyone patient was blind in one eye. Then you In the Finance Committee, it is more cosponsor this legislation. I am hoping could get the drug. indirect. A private entity would con- we can get it adopted soon before we Americans do not want that. They do duct the research. But there is nothing take up health care reform because it not want to have to suffer in that way to prevent the Federal Government will inform us as to how we should deal when the medicines are available to from using the results of the research with health care reform on what could treat them. What the government to delay or deny your care, to ration be the most important issue Americans agency in Great Britain has said is: care. find involved with this. Americans Look, we don’t have enough money to So for the bills that are being written want their fellow citizens to be in- give you all of the care your doctor in both committees, our legislation sured. They wanted costs to be kept in says you need. We are going to have to would provide direction that—whatever check so they can afford insurance. make tough choices. We understand other reform we have—Americans are They want both those things. But they that will not please everyone. But not going to have to worry about some- don’t want their care, the care they be- there is no other way to use the lim- body getting in between their doctor

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15359 and themselves, when the doctor says: health care. As one of the experts in DETAINEE ABUSE PHOTOS I think you need this particular treat- this area said: In 1980, if you had a Mr. GRAHAM. Mr. President, I come ment, if their insurance provides for heart attack, after 5 years, your to the floor to acknowledge an agree- that. If not, there are other ways you chances of survival are about 60 per- ment I have reached with the majority can get the treatment; if it is a govern- cent. If you have that same heart at- leader and the administration regard- ment program such as Medicare, you tack today, your chance of survival is ing the issue of detainee abuse photos. would be able to get the treatment. about 90 percent—so from 60 percent to I think, as my colleagues are well The government is not going to inject 90 percent survival in a few years, aware, there are some photos of alleged itself between you and your physician based upon new medical break- detainee abuse that have existed for and say: You can’t have that because it throughs. It costs a little more money. several years; more of the same, noth- is too expensive. The question is, would you rather have ing new. The President has decided to That is all our legislation does. I 1980s health care at 1980s prices, or oppose their release. would hope my colleagues would be health care that is available today at The ACLU filed a lawsuit asking for willing to support that legislation to today’s prices? I submit almost all of these photos to be released. General give direction to the two committees us, when we are thinking about a loved Petraeus and General Odierno are the to ensure that they do not, in their zeal one in our family, would say: I want two combat commanders, and I ask to cut costs, write legislation that the very best there is, the very best we unanimous consent that their state- would have the effect of rationing can get. ments be printed in the RECORD fol- health care. That is why Republicans say we want lowing my remarks. There are a lot of other concerns we insurance to be affordable for everyone The ACTING PRESIDENT pro tem- have in putting this legislation to- so that at least, if nothing else, for pore. Without objection, it is so or- gether: concerns about a government- that catastrophic event in your life— dered. run insurance company to compete such as a heart attack, for example— (See exhibit 1.) with the private insurance companies; you will have all of the latest health Mr. GRAHAM. Mr. President, the a requirement that all employers pro- care that America has available, and it lawsuit said if these photos are re- vide health care, which, of course, will be paid for so you will have high- leased, our enemies will use them would substantially add to their costs quality care. against our troops. These photos will and might result in their hiring fewer In some of these other countries, incite additional violence against men people or paying the people who they they say: We are sorry. We can’t afford and women serving overseas and Amer- do hire less money. that. We can’t afford to spend money icans who are in theater. There is noth- There are a lot of different concerns on all these new breakthroughs. We are ing new to be learned, according to the we have. But, in my mind, the most se- basically stuck with what we could af- President. I agree with that. These are rious one is this concern about ration- ford back in 1980, for example. And more of the same. The people involved ing. Everybody wishes to lower costs. good luck. We know that is not going at Abu Ghraib and other detainee But the one way we cannot lower costs to help you all that much with your ill- abuse allegations have been dealt with. is by having the U.S. Government tell ness, but that is all we can afford to The effect of releasing these photos you that you cannot get medical care pay. would be empowering our enemies. your doctor says you need. That is what we are trying to avoid. Every photo would become a bullet or Let me conclude with this point: If We are trying to take a very small step an IED. I wish to applaud the President you will think back, think back 100 first and say that, at a minimum, noth- for saying he opposes their release. years ago to the year 1908. How much ing in this legislation would allow the The status of the lawsuit is that health care could you buy at the turn government to use comparative effec- there is a stay on the second circuit of the last century, say the year 1900, tiveness research to ration our care. I order that would allow the photos to be 1908? The answer is, not very much. do not think that is too much to ask. released until the Supreme Court hears Think back about 40 years before that, I would ask all of my colleagues to join the petition of certiorari filed by the Supreme Court. when President Lincoln was assas- Senator MCCONNELL and me in spon- I have been promised two things that sinated and the kind of treatment he soring that legislation and seeing to it were important to me to remove my got. It almost seems barbaric in our we can get it passed for the benefit of holds and to let the supplemental go modern way of looking at things that our families and our constituents. without objection. No. 1, there would there was not anything available to Mr. President, I suggest the absence be a freestanding vote on the Lieber- save his life. of a quorum. Now think of the incredible inven- The ACTING PRESIDENT pro tem- man-Graham amendment, the legisla- tions and breakthroughs in medical pore. The clerk will call the roll. tive solution to this lawsuit. The Sen- science in the last 100 years, in the last The assistant bill clerk proceeded to ate has previously allowed this legisla- 50 years, in the last 10 years. Things call the roll. tion to become a part of the supple- have been invented. New medications, Mr. GRAHAM. Mr. President, I ask mental war funding bill. It would pre- new pharmaceutical drugs, medical de- unanimous consent that the order for vent the disclosure of these photos for vices, new kinds of surgery, ways of the quorum call be rescinded. a 3-year period. If the Secretary of De- treating all kinds of conditions have The ACTING PRESIDENT pro tem- fense said they were harmful to our na- evolved so rapidly that we are extraor- pore. Without objection, it is so or- tional security interests, it could be re- dinarily fortunate to be able to buy all dered. newed for 3 years. Senator REID has in- of this health care. Mr. GRAHAM. Mr. President, I see dicated to me that before July 8 we So when people say we are spending Senator BENNETT from Utah. How will have a chance to vote on that pro- too much on health care, I am not sure would the Senator like to do this I vision as a freestanding bill, which I that is totally correct. To the extent have about 5 minutes. think will get the Senate back on there are more efficiencies in the sys- Mr. BENNETT. Mr. President, I wish record in a timely fashion before the tem that can be brought to bear, of to speak for 10 minutes in morning next court hearing. course we want to do things to incent business following Senator GRAHAM, Secondly, I wanted to be assured by those incentives. That is what some of and I ask unanimous consent to pro- the administration that if the Congress the Republican proposals would do. But ceed on that basis. I will be speaking as fails to do its part to protect these what we do not want to do is to put a in morning business, as I assume the photos from being released, the Presi- government bureaucrat in between you Senator will be. dent would sign an Executive order and this incredible new medicine that Mr. GRAHAM. That is correct. which would change their classifica- is being invented every day. The ACTING PRESIDENT pro tem- tion to be classified national security We should be glad we can spend more pore. Without objection, it is so or- documents that would be outcome de- on health care if it is much better dered. terminative of the lawsuit. Rahm

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15360 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 Emanuel has indicated to me that the tract new members to join the insurgency. ple is our training teams throughout Iraq. President is committed to not ever let- . . . Attacks against newly-arriving U.S. Ma- These are small elements of between 15 and ting these photos see the light of day, rines and soon-to-arrive U.S. Army units in 30 individuals who live on Iraqi-controlled but they agree with me that the best the south, and transitioning U.S. Army units installations and thus do not have the same in the east, could increase, thus further en- protections afforded to many of our service way to do it is for Congress to act. dangering the life and physical safety of members. In addition, as they assist our So in light of that, I am going to re- military personnel in these regions.’’ (Dec- Iraqi partners, members of such teams are move my hold on the bills I have a hold laration of General David H. Petraeus, T 12, regularly engaged in small-unit patrols, on, and I will support the supple- Motion to Recall Mandate, 2nd Circuit Court making them more vulnerable to insurgent mental. Because I think it is very im- of Appeals, Docket No. 06–3140–cv) attacks or other violence directed at U.S. portant for our soldiers, airmen, sail- ‘‘In addition to fueling civil unrest, caus- forces. Accordingly, there is good reason to ors, marines—anybody deployed—civil- ing increased targeting of U.S. and Coalition conclude that the soldiers in those teams ian contractors and their families to forces, and providing an additional recruit- and in similarly situated units would face a ing tool to insurgents and violent extremist particularly serious risk to their lives and know there is a game plan. We are groups, the destabilizing effect on our part- physical safety.’’ (Declaration of General going to support General Petraeus and ner nations cannot be underestimated.’’ Raymond T. Odierno, 4, Motion to Recall General Odierno and all our combat (Declaration of General David H. Petraeus, Mandate, 2nd Circuit Court of Appeals, commanders to make sure these photos T 12, Motion to Recall Mandate, 2nd Circuit Docket No. 06–3140–cv) never see the light of day. I think we Court of Appeals, Docket No. 06–3140–cv) ‘‘MNF–1 will likely experience an increase have a game plan that will work. It Turn Back Progress in Iraq and Incite Violence in security incidents particularly aimed at starts with a vote in the Senate. I am ‘‘Newly released photos depicting abuse, or U.S. personnel and facilities following the urging the House to take this up as a that could be construed as depicting abuse, release of the photos. Incidents of sponta- of Iraqis in U.S. military custody would in- neous violence against U.S. forces, possibly freestanding bill. There were 267 House including attacks from outraged Iraqi police Members who voted to keep our lan- flame emotions across Iraq and trigger the same motivations that prompted many or army members are likely. Such increased guage included in the supplemental. It young men to respond to calls for jihad fol- attacks will put U.S. forces, civilians, and was taken out. I am very disappointed lowing the Abu Ghraib photo release. After Iraqi partners at risk of being killed, injured, that it was taken out, but we now have the Abu Ghraib photos were publicized in or kidnapped. The photos will likely be used a chance to start over and get this 2004, there was a significant response to the as a justification for adversaries conducting right sooner rather than later. call for jihad, with new extremists commit- retribution attacks against the U.S. for With that understanding, that we are ting themselves to violence against U.S. bringing shame on Iraq.’’ Declaration of Gen- T going to get a freestanding vote on the forces. Al-Qaeda in Iraq (AQI) and Sunni in- eral Raymond T. Odierno, 11, Motion to Re- surgents groups in Iraq will likely use any call Mandate, 2nd Circuit Court of Appeals, Lieberman-Graham amendment and Docket No. 06–3140–cv) that the administration will do what- release of detainee abuse images for propa- ganda purposes, and possibly as an oppor- Release of 2004 Photos Resulted in Successful ever is required to make sure these tunity to widen the call for jihad against Attacks Against U.S. Forces photos never see the light of day if U.S. forces, which could result in a near- ‘‘The public dissemination of detainee Congress fails to act, I am going to lift term increase in recruiting and attacks.’’ abuse photos in 2004 likely contributed to a my hold on all the legislation and sup- (Declaration of General David H. Petraeus, spike in violence in Iraq during the third port the supplemental. I look forward T 7, Motion to Recall Mandate, 2nd Circuit quarter of 2004 as foreign fighters and domes- to taking this matter up as soon as Court of Appeals, Docket No. 06–3140–cv) tic insurgents were drawn to Iraq to train possible. Help Destabilize Pakistan and fight. Attacks on C[oalition] F[orces] in- I thank the Chair, and I yield the ‘‘Newly released photos depicting abuse of creased from around 700 in March 2004 to 1800 floor. detainees in U.S. military custody in Af- in May (after the photographs were broad- ghanistan and Iraq would negatively affect cast and published) and 2800 in August 2004. EXHIBIT 1 the on-going efforts by Pakistan to counter Attacks on C[oalition] F[orces] did not sub- AMERICA’S TOP GENERALS WARN AGAINST its internal extremist threat.’’ (Declaration side to March 2004 levels until June 2008. PHOTO RELEASE of General David H. Petraeus, T 8, Motion to These increased attacks resulted in the DECLARATION OF GENERAL DAVID H. PETRAEUS, Recall Mandate, 2nd Circuit Court of Ap- death of Coalition Forces, Iraqi forces, and COMMANDER OF THE UNITED STATES CENTRAL peals, Docket No. 06–3140–cv) civilians.’’ (Declaration of General Raymond COMMAND T. Odierno, Motion to Recall Mandate, T 7, DECLARATION OF GENERAL RAYMOND T. 2nd Circuit Court of Appeals, Docket No. 06– Endangering the Lives of U.S. Servicemen and ODIERNO, COMMANDER OF MULTI-NATIONAL 3140–cv) Servicewomen FORCE—IRAQ (MNF–I) ‘‘The release of images depicting U.S. serv- Release of Photos will Result in Harm to U.S. Increase Recruitment for Extremist Organiza- icemen mistreating detainees in Iraq and Af- Soldiers tions and Incite Attacks ghanistan, or that could be construed as de- ‘‘The 2004 publication of detainee photos ‘‘I believe these images will be used picting mistreatment, would likely deal a resulted in a number of posting on internet to inflame outrage against the U.S. and particularly hard blow to USCENTCOM and websites. Perhaps the most gruesome of be used by terrorist organizations to U.S. interagency counterinsurgency efforts internet reactions to the photo publication recruit new members. The release of in these three key nations, as well as further was a video posted in May 2004 showing the the photos will likely incite Muslim endanger the lives of U.S. Soldiers, Marines, decapitation murder of U.S. contractor Nich- Airmen, Sailors, civilians and contractors idealists to join the cause to seek ret- olas Berg. A man believed to be Zarqawi spe- ribution for the dishonor they may per- presently serving there.’’ (Declaration of cifically made the linkage between the T ceive to have been brought against all General David H. Petraeus, 2, Motion to Re- abuses at Abu Ghraib and Berg’s murder say- call Mandate, 2nd Circuit Court of Appeals, ing, And how does a free Muslim sleep com- Muslims by the U.S. inside Iraq, the Docket No. 06–3140–cv) fortably watching Islam being slaughtered publicity over the images could incite Threaten Troops in Afghanistan and [its] dignity being drained. The shameful additional attacks on U.S. personnel by ‘‘Newly released photos depicting, or that photos are evil humiliation for Muslim men members of the Iraq Security Forces.’’ could be construed as depicting, abuse of de- and women in the Abu Ghraib prison. . . . We (Declaration of General Raymond T. tainees in U.S. military custody in Iraq and tell you that the dignity of the Muslims at Odierno, Motion to Recall Mandate, Afghanistan would place U.S. servicemen in the Abu Ghraib prison is worth the sacrifice T 16, 2nd Circuit Court of Appeals, Afghanistan at heightened risk and corro- of blood and souls. We will send you coffin Docket No. 06–3140–cv) sively affect U.S. relations with President after coffin and box after box slaughtered Karazai’s government, as well as further this way.’’ (Declaration of General Raymond The ACTING PRESIDENT pro tem- erode control of the Afghanistan government T. Odierno, T 8, 9, Motion to Recall Mandate, pore. The Senator from Utah. in general.’’ (Declaration of General David H. 2nd Circuit Court of Appeals, Docket No. 06– GOVERNMENTAL POWER Petraeus, T 12, Motion to Recall Mandate, 2nd 3140–cv) Mr. BENNETT. Mr. President, when Circuit Court of Appeals, Docket No. 06–3140– ‘‘I strongly believe the release of these the Founding Fathers wrote the Con- cv) photos will endanger the lives of U.S. Sol- ‘‘An influx of foreign fighters from outside diers, Airmen, Marines, Sailors and civilians stitution and gave us our government, Afghanistan and new recruits from within as well as the lives of our Iraqi partners. Cer- they did so out of a deep distrust of the Afghan could materialize, as the new photos tain operating units are at particular risk of power of government coming out of serve as potent recruiting material to at- harm from release of the photos. One exam- their experience with King George, and

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15361 they created a government that limits industry. So that is why we have this think we know. Let’s put this regu- the use of power, deliberately setting proposal today from the Obama admin- latory regime in place—one that is too up a system of checks and balances, a istration. They want to deal with sys- big to function—now. Let’s do it quick- doctrine of separation of powers and so temic risk, as they call it, or those tier ly. Let’s have it done by the August re- on, with which we are all familiar. 1 entities which they describe as what cess. All right, we can’t get it done by Out of that, Americans have become I have just said: They are too big to the August recess. We are going to used to the idea that there are limits fail and we are not going to allow them have health care done by the August on governmental power, and one of the to fail, and this is the regulatory re- recess, so we will do it before Hal- concerns I hear when I visit with my gime we will set up. loween, or whatever artificial date constituents in Utah is that they are If there are companies or entities some may choose to put on it. afraid there are now no limits on gov- that are too big to fail, this regime is The reality is, the issue is huge, the ernmental power, or at least there is too big to function. It is so focused on issue needs to be examined carefully, certainly not enough limits on govern- preventing failure that it is stacked in and we need to do it within the param- mental power. I am asked: Where does such a way that it will penalize the eters of the basic suspicion the Found- it stop? The government can take over risk taker and prevent the risk taker ing Fathers had about the government. insurance companies. The government from taking a risk and therefore not We should do it with an understanding can take over financial institutions. reap any kind of a reward. that there are limits to government The government can take over an auto- There is a heavy emphasis on con- power and that government power has mobile company. The government can sumer protection. I am all for that. I the capacity to damage the economy dictate who gets to be chief executive think we should have all of the kinds of every bit as much as it has the power and how much he or she will be paid. regulations that say you need labels on to help it move forward. Aren’t there supposed to be limits on things that might not be safe. That Mr. President, I say let’s not move governmental power? protects the consumer. You need nutri- with the speed and haste we are hear- Today, we have a proposal brought tional information on things that ing about this proposal. Let’s subject it forward by the administration with re- might make you too fat, which pro- to the most careful examination we spect to how the regulatory pattern for tects the consumer. But let’s not pro- possibly can throughout the processes our financial institutions should be tect the consumer to the point where of Congress, and let’s make sure that changed. As I look at that proposal, I they cannot buy anything or, in this when we do make regulatory changes ask the same questions my constitu- case, protect the system from any pos- with respect to the financial institu- ents are asking: Shouldn’t there be sible failure to the point that there is tions, we do them in a way that will some limits on governmental power? no risk and therefore ultimately no re- not fail and that can properly function. Isn’t this going a bit far? Indeed, I ward. By giving the Federal Reserve I yield the floor and suggest the ab- think it is a legitimate question, and I the kinds of powers this proposal does, sence of a quorum. wanted to address it for a moment. we are moving down that road, and The PRESIDING OFFICER (Mr. First, let’s understand a fundamental once again we are raising the question: BEGICH). The clerk will call the roll. truth about the economy. That is that Are there no limits on the amount of The assistant legislative clerk pro- all wealth comes from taking risks. power that government can have and ceeded to call the roll. Farmers take risks when they plant accumulate? Mr. DORGAN. Mr. President, I ask seeds, not knowing what the weather is I am convinced that if this massive, unanimous consent that the order for going to do. Businessmen and women new expansion of power in the hands of the quorum call be rescinded. take risks when they open businesses, the government goes forward The PRESIDING OFFICER. Without not knowing what the market is going unimpeded, we will see the shutting off objection, it is so ordered. to do. New wealth comes out when we of sources of credit and therefore the ENERGY have a bumper crop. New wealth comes contraction of the economy and ulti- Mr. DORGAN. Mr. President, I wish out when a business started in a garage mately the need for more bailouts, to visit about two issues, the first of turns into Hewlett Packard, but in more expenditures of Federal funds to which is a bill we passed out of the every instance you take risks. try to keep entities alive. They can Senate Energy Committee earlier this The second element that has to be stay alive if they can attract capital morning. I wish to give some context added to risk-taking is the access to from the private markets, but that is to what we have done. It will perhaps accumulated wealth. Sometimes it risky. So if we say: No, we are not not get as much notice as it should. comes by a wealth you have accumu- going to allow the risks, we shut off Yet, it will be headed to the floor of lated yourself. Sometimes it comes the incentive of the private market to the Senate to deal with energy policy, from loans from your brother-in-law. invest in some of these entities or to and it affects everybody virtually all of Sometimes it comes from running up loan money to some of these entities. the time. your credit card. Sometimes it comes And then we say: But the entity is so All of us get up in the morning and in from venture capitalists. In many in- important to our economy that we can- most cases, flick a switch and turn stances, it comes from banks. But you not allow it to fail. So we turn to the something on. We plug something in or take a risk, and you have to have ac- taxpayer and say: Let’s put more tax- turn a key for an engine or a lightbulb cess to some kind of accumulated cap- payer money into the entity because it or a toaster or an electric razor. In ital or you cannot create new wealth. is too big to fail. every way, energy affects our lives in a All right. Why do people take risks? That is what I see down the road for very profound manner, and what we did Because they expect there will be a re- this proposal. I may be wrong. But I has a significant impact on our daily ward in the form of a return on the point out that we in the Congress have, lives. capital they have taken. Whether it by law, created a commission to study First, I will describe part of the chal- comes from a bank loan that they can what caused the present mess we are in lenge. pay back or from investor capital that and report back to the Congress. We Every single day we stick little will then receive dividends, there will wrote into that law a specific date—De- straws in the earth and suck out oil. be a reward. The risk/reward relation- cember 15, 2010—to make sure the com- Every single day, there are about 84 ship is at the base of the growth and mission had enough time to examine million barrels of oil taken out of the power of the American economy. all of the possibilities, to delve deeply earth. It is a big old planet with a lot In the present crisis, we have had enough into the issue to fully under- of people living on this planet, and of people saying: Yes, but there are some stand it, and then report back to us the 84 million barrels of oil we take out entities that are simply too big to fail, with their findings. Now we are being every day from the earth, one-fourth of we must not allow them to fail, and told: Forget the commission. Forget it is destined to be used in the United particularly in the financial services the analysis of what happened. We States. We use one-fourth of the oil

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15362 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 every day. Why? We have a standard of over which we have little control. We build them. All of those issues are crit- living in a big old country that is far need to be less dependent on oil. How ical to building an interstate trans- above most other places in the world, do we do that? We wrote an energy bill mission system. and we want to drive vehicles. We use in the Senate Energy Committee that In the last 9 years, we have built al- oil in a very substantial way. We have does a lot of everything. I believe in most 11,000 miles of natural gas pipe- an enormous appetite for oil. doing a lot of everything. I believe we line in this country. During the same So here is the deal. One-fourth of all ought to produce more oil and natural period, we have only been able to build oil produced comes here because we gas here onshore and in the Outer Con- 668 miles of high voltage transmission need it and nearly 70 percent of the oil tinental Shelf. We should conserve lines interstate. Isn’t that unbeliev- we use comes from outside of our coun- more because we are prodigious wast- able? Why can’t we do it? Because we try. Much of the oil produced comes ers of energy. We should make all the have all these bifurcated jurisdictions from very troubled parts of the world, things we use more efficient. Efficiency that can stop it, saying: Not here; not such as Saudi Arabia, Iraq, Venezuela, is an unbelievable component of what across my State lines. and other countries. So 70 percent of we can do to save energy. Further, we We have passed legislation this morn- the oil we need comes from outside of should maximize the capability of pro- ing that carries out some important our country and nearly 70 percent of ducing renewable energy. things. This includes my amendment the oil we use is used for our transpor- The fact is, energy from the Sun to open the eastern Gulf of Mexico for tation system. So you see the dilemma shines on this Earth every day far in additional oil and gas production. That here is that we are unbelievably de- excess of the energy we need. If we are makes sense to me. I have a chart that pendent and vulnerable on something just smart enough and capable enough shows what I did with this amendment. over which we have very little control. of doing all the research and science I know one of my colleagues was on By that I mean that if, God forbid, to- that allows us to use all that energy, the floor having an apoplectic seizure night terrorists interrupted the supply then we can make progress. about this suggestion of opening the of oil coming to this country from The wind blows every day. At least eastern Gulf of Mexico for oil and gas other countries, this economy of ours where I come from, it blows every day. exploration. He suggested that it was would be flat on its back. We are unbe- The Energy Department calls my State going to impede and cause all kinds of lievably dependent on oil from other the Saudi Arabia of wind. So we take difficulties with the routes over which countries, and we have to begin reduc- the energy from the wind and produce we have sophisticated, important mili- ing our dependence. How do we do electricity. The fact is, once we put the tary training. that? turbine up, we can gather electricity I have been working with a group of By the way, as dependent as we are, from that wind for 30 years at very low retired military and business leaders we need to visit the events of last year cost. on an energy plan. They are members once again and remember what hap- I believe we ought to do everything, of the Energy Security Leadership pened: Speculators took control of the and that is what we have tried to do in Council. In April, Senator VOINOVICH oil market and drove the price of oil to this legislation. Key to that is not just and I introduced the plan which we $147 a barrel in day trading. The price collecting energy from the wind and called the National Energy Security of gasoline went up to $4 to $4.50 a gal- turning it into electricity; it is also Act. Let me describe a little about the lon. There was no excuse or justifica- about being able to move it where it is membership of that group. By the way, tion for it. There was nothing in supply needed. that group understood that the western and demand that justified the price of I come from a sparsely populated and central Gulf are open for produc- oil and therefore the price of gasoline State. My State is 10 times the size of tion. They believe that the eastern gulf going up like a Roman candle and then the State of Massachusetts in terms of should be open as well because there in July last year starting to come right landmass and has only 640,000 people are substantial reserves of oil and nat- back down. The speculators, who made living in it. We don’t need the addi- ural gas in this eastern area. It can be all the money on the way up, made the tional energy produced from wind done in a way that does not com- same money on the way down. The con- farms. We don’t need that additional promise our military readiness. sumers who drove cars and pulled up to energy in my State. But we need it in Among the membership of this group fill up with unbelievably expensive gas- the larger load centers in this country. is former GEN P.X. Kelley; GEN John oline were the victims. Still nobody In order to get it there, what we need Abizaid; ADM Dennis Blair; ADM Vern has done the investigation to ask the to do is build an interstate highway of Clark; GEN Michael Ryan; and GEN questions who did this and how did it transmission capability which is capa- Charles Wald; and others. These are happen. How is it that when the supply ble of producing renewable energy some of the highest military officials of oil is up and demand is down even where it is produced and then move it who have served this country, all of while price rose? to where it is used. This is not rocket whom have retired, but all of whom I was prepared to offer an amend- science. also believe this area should be open ment this morning to the Energy Com- We did this with highways in the for development. mittee. I didn’t have the votes to offer 1950s. President Eisenhower and the Would they suggest that if this some- it, so I simply described it. I will offer Congress said: Let’s build an interstate how would impede a military training it on the floor when the bill gets here. highway system, and they moved for- area? Of course not. We have military It requires the investigation and gives ward. In parts of rural areas, one might training areas in the central and west- the Energy Information Administra- say: How can you justify building four ern gulf, and there is no issue there. tion the requirement to investigate lanes between towns where very few There is no conflict. and authority to subpoena information people live? Because we are connecting This legislation is landmark in many to to find out what happened. We need New York with Seattle, that is why. ways. I was one of four Senators who to do that to make sure it doesn’t hap- That is what the interstate was opened this little area. Four of us— pen again. The price of oil is on the rise about—connecting America. Senator Domenici, Senator BINGAMAN, now, and it has gone from $38 to $70 a The same is true with respect to the Senator Talent and myself—offered barrel even as supply is up and demand need for transmission. What we have legislation to open lease 181 in the gulf. is down. Describe that to me, in terms put in this legislation addresses the That was about 3 years ago. That was of a market, how that works. It doesn’t issues that have so far prevented us opened, but it changed substantially make any sense. from building the transmission capa- before it was opened. This is another That is a little background of where bility we need in this country. What attempt to open that area, which we find ourselves. We are unbelievably are the key issues? Planning, siting, should be open in the eastern gulf. dependent upon oil, much of which and pricing. If you cannot plan for, site I understand there are people upset comes from troubled parts of the world, or price them, then nobody is going to with it. They say: You can’t open it for

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15363 drilling. Let me show what my propo- would then produce methane gas. They buy a suit of clothes, they take a sition is in terms of doing it respon- Wouldn’t that be interesting? If you trip, buy a car, buy a house. They do sibly: The states control the first 3 create a synthetic microbe to simply the things that represent their feeling miles. After that, there would be no consume the coal and after consump- that the future is going to be better. visible infrastructure allowed in the tion, the microbe turns coal into meth- They feel secure in their job and in line of sight so you cannot see any- ane gas. their lives, so they do things that ex- thing. Beyond, 25 miles there would not For example, there is another sci- pand the economy. be restrictions. The fact is, I think entist in California who testified at a If they are worried about their job, if what we ought to do this in a way in hearing I chaired recently about cap- they are wondering whether the econ- order to be sensitive to the coastal turing carbon from a coal plant by cap- omy will allow them and their family States. I am not interested in putting turing the flue gas and using the CO2 to continue to pay all their bills, when oil wells right off their beaches. That is by turning it into a value-added prod- they are not confident about the fu- not the point. My point is, if we are uct that for making concrete which has ture, they do exactly the opposite. going to have an energy bill that solves value in the marketplace. This would They contract the economy. They defer America’s energy problem by making help bring down the cost of those purchases. They make different us less dependent on foreign energy and decarbonizing coal. judgments. We are not going to buy the especially foreign oil, then we ought to I don’t know. We have solved a lot of suit of clothes, not take that trip, do something of everything to make difficult problems in our past. We can won’t buy the car or the house. They that happen. surely solve these problems in our fu- contract the economy. That is why ev- Does it include drilling and addi- ture if we are just smart and do a lot of erything rests on confidence by the tional production? The answer is yes. things that work well for our country. American people going forward. Does it include substantial conserva- Mr. President, I compliment my col- Just answer the question: How on tion? Absolutely. Efficiency? Yes. leagues—Senator BINGAMAN, Senator Earth can people be confident about Maximizing renewables? Certainly. MURKOWSKI, and other Democratic and this economy unless we fix that which What else? We need to move toward a Republican colleagues on this com- caused this wreck, that which steered future in which we will have an electric mittee. We have worked on this energy this economy into the ditch and is now drive system of transportation, by and bill for some months. It has taken us a causing 550,000, 600,000 people every large, and we will also then, in the while to get to this point. But today, at month to have to come home and tell longer term, transition to hydrogen long last, we passed this legislation by their loved one: I have lost my job. No, fuel cell vehicles. a bipartisan vote of 15–8. We will have not because I was doing bad work; I All of that is accomplished if we can it on the Senate floor at some point. was told they are cutting back at the make us less dependent on oil from We will have further debate about office or the plant. outside our country by producing more points of it. It is exactly what we This economy has in recent years here and conserving more here and ought to be discussing: How do we been an economy with an unbelievable then producing substantial amounts of make America more secure? How do we bubble of speculation about a lot of additional energy from renewable en- make America less dependent on for- things, and at the same time there was ergy such as wind and solar. We can eign oil and things over which we have unbelievable negligence in oversight by produce electricity to put on a grid, a no control or very little control? We those the public has hired in Federal modern interstate highway grid, to must develop an energy program at agencies to do the oversight of what move what we produce to where we home that makes a lot of sense, that was going on. We wake up one morning produce it to where the loads are and does a lot of everything, and does it and we discover there are hundreds of where the load center is needed. very well. I am happy say that we have trillions of dollars of exotic financial This is not some mysterious illness made a positive step in that direction products called CDOs and credit default for which we do not know the cure. this morning in the Energy Committee. swaps and all kinds of strange names This is an energy policy that we know FINANCIAL REFORM that are very complicated with unbe- will work if we just will decide to do a Mr. President, I wish to talk about lievable embedded risk. We don’t know lot of everything that represents our one other issue today, and that issue is who has them, we don’t know how own self-interest: produce more, in- something that has been announced by much risk is out there. All of a sudden crease energy efficiency, and maximize the President this afternoon. It deals things start collapsing, the economy renewables. with the President’s plan for financial goes into a ditch, and we are in huge I have not mentioned one final point, regulation. I know my colleague from trouble. and that is this: Our most abundant re- Utah just described it from his perspec- How did it all happen? Was someone source is coal. Yesterday I was reading, tive. I have great respect for him. Let not watching? once again, a prognosis that we cannot me describe from my perspective why Yes, that is the point; someone was use coal in the future. Of course, we it is necessary for us to have a finan- not watching for a long period of time. can use coal, but we have to cial regulation package that requires The President has talked about the decarbonize it and use it much more ef- some reform in those areas as well. need for financial reform, and today he ficiently. There are a lot of inventive I don’t think there is anything we has described at least an initial portion scientific folks out there who are doing can do in the Congress or that Presi- of what he would like to do. I think cutting edge research that will allow dent Obama can do that is more impor- many of us share his feelings about the us to continue to use our most abun- tant for the future of this country and need for effective regulation. That is dant resource—coal. lifting this economy and trying to put not rocket science given what we have I talked about opening up fields of oil it back on track in a way that expands been through. and gas production. I am making sub- opportunity and creates jobs than to Let me say this. Effective regulation stantial investments through the ap- try to instill some confidence in the is something that I think, from my propriations subcommittee that I chair American people. personal observation, is probably not with respect to decarbonizing coal. As I have said a dozen times on the going to come from the Federal Re- I am convinced we can build near floor of the Senate, this is all about serve Board. Let me talk just about zero emission coal-fired electric gen- confidence. We have all kinds of sophis- where the location of this regulation is eration plants. I am convinced of that. ticated things we work on and tax pol- or should be. I know one of America’s most promi- icy and M–1 B and all these other The Federal Reserve Board, in my nent scientists who is working right issues. None of it matters as much as judgment, essentially became a spec- now on something that is fascinating. confidence. When the American people tator for a long period of time under He is working on developing synthetic are confident about the future, they do then Fed Chairman Alan Greenspan microbes to consume coal from which the things that expand the economy. who believed that self-regulation was

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15364 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 by far the best. Let everybody do what days. Again I thank the President for lizes our vast network of embassies and they will and they will do in their self- beginning this discussion because it is consulates throughout the world to interest what they believe is right and essential, as we begin to try to build compile the most comprehensive report self-regulation will be just fine. opportunity in this economy once of its kind. It is an objective yardstick It turns out it was an unbelievably again, to restore the confidence of the we should be using more and more to bad decision. But the problem is, to set American people by saying we are press every country in the world to do up the Federal Reserve Board as the going to have effective regulatory ca- more to stop modern slavery. The systemic risk regulator is to set up a pabilities to make certain we don’t United States has shown great leader- systemic risk regulator that is unac- have this unbelievable bubble of specu- ship on this issue, and I commend Sec- countable. The Federal Reserve Board lation that helped cause the collapse of retary Clinton for the incredible lead- is unaccountable. It is not accountable our economy. ership she has demonstrated, making it to the Congress, not accountable to the Mr. President, I yield the floor. a priority topic for the United States President. The PRESIDING OFFICER. The Sen- nationally and internationally. So in addition to establishing an un- ator from Kansas is recognized. When Secretary Clinton was Senator accountable entity, it is also an entity Mr. BROWNBACK. I thank the Chair. Clinton, she served on the Helsinki that operates in great secrecy. I give (The remarks of Mr. BROWNBACK per- Commission and was one of our leaders the President great marks for sug- taining to the introduction of S. 1282 in forming a policy within the United gesting we have to have more effective are located in today’s RECORD under States-Helsinki Commission to raise regulatory capability. I am sure we ‘‘Statements on Introduced Bills and the issue of trafficking in persons. As a will have discussions about exactly Joint Resolutions.’’) result of the work of the U.S. commis- where should that regulation exist, The PRESIDING OFFICER. The Sen- sion and the leadership of our country, who should be responsible, how do you ator from Maryland. we were able to get the Organization get it right. I do hope we can have a Mr. CARDIN. Mr. President, I ask for Security and Cooperation in Eu- discussion about whether the systemic unanimous consent to speak as in rope, OSCE, to make this a priority; To risk regulator should or could be an en- morning business. adopt policies within OSCE so every tity that is not accountable and one The PRESIDING OFFICER. Without member state, all 56, would adopt a that operates in substantial secrecy. objection, it is so ordered. strategy to first understand what is My feeling is there is a much better MODERN DAY SLAVERY happening in their own country, to way to do that, No. 1. No. 2, while there Mr. CARDIN. Mr. President, I take take an assessment as to where they are a lot of details I will not describe this time to share with my colleagues are in trafficking; then to develop a today, I still am interested in this a problem—a worldwide problem—that strategy to improve their record, adopt question of whether we will confront— we thought was left behind in the 20th the best practices as we know, what has worked and what has not worked; and I don’t know that from the Presi- Century—slavery. I am talking about and then to make progress to root out dent’s description today whether we modern slavery, the human trafficking trafficking in their own country. will—the issue of too big to fail. that takes place around the world. It seems to me this issue of too big to Yesterday, as Chairman of the U.S. Again, whether they happen to be an origin country or whether they happen fail is no-fault capitalism. That is, if Commission on Security and Coopera- we don’t address this question of too to be the host country or whether they tion in Europe, the Helsinki Commis- big to fail—which has caused us enor- just happen to be a transit country in sion, I was privileged to join Secretary mous angst, in recent months espe- which persons are trafficked through of State Clinton at the State Depart- cially—we will ultimately have to con- their country, they need to adopt a ment for the official release of the front the issue once again down the strategy that will help rid us of this Ninth Annual Trafficking in Persons road when it is very expensive again to modern-day slavery. Report. This is a vital diplomatic tool. do so. I am very proud of the role the I do think there is a requirement It is put out every year by the United United States has played, our govern- here for us to support the President in States. We have been doing this now ment has played, and the Helsinki deciding that there needs to be regula- for almost 10 years. It lists every coun- Commission has played. I wish to call tion that gives people confidence that try and the current status of traf- this matter to the attention of our col- someone is minding the store. When I ficking in their country. Some coun- leagues. I found the ongoing work of said that all of this rests on a founda- tries are origin countries, others allow the Office to Monitor and Combat Traf- tion of confidence, I mean if we do not trafficking through their countries, ficking and the Trafficking in Persons restore the regulatory functions in a and other countries are receiving coun- Report extremely useful in engaging manner that the American people see tries. the 55 participating states of the OSCE. as just and fair, and most especially ef- This report is an objective yardstick We use this document frequently when fective, I don’t think we will restore so that we know exactly what is hap- we meet with our colleagues or when the kind of confidence that is nec- pening in each one of these countries. they travel to the United States to essary to begin building and expanding It is a valuable tool for us to put an meet with us, to say: What are you this economy once again. end to the trafficking in human beings doing about this? This tells us you Again, I give the President substan- used for slavery or sex or for other ille- could do a better job in law enforce- tial credit today for saying this is an gal type purposes. ment. You need to recognize that those important issue. Let us get about the It was interesting that the Secretary who are trafficked are victims. They business of doing it. He has offered us of State, Secretary Clinton, also re- are not criminals, they are victims, a description that now gives us a leased the Attorney General’s Report and you need to have a way to take chance to discuss how we begin to put to Congress: An Assessment of U.S. care of their needs. the pieces back together of what is the Government Activities to Combat Traf- The report continues to function as a most significant financial wreck since ficking in Persons. This is the first working document, frequently cited the Great Depression. This was not time we have had this report. This re- and invoked to promote adherence to some natural disaster, such as some port talks about what is happening in numerous human rights commitments huge hurricane or some big storm that our own country, in the United States. and the principles of the Helsinki Act. came running through. This disaster Because we think it is important, if we Some of the most striking parts of was manmade, and we need to make are going to lead internationally, that this year’s report—besides the stag- sure we put in place the things that we lead by example of what we do in gering estimates by the International will prevent it from ever happening our own country in order to stop traf- Labor Organization that there are at again. ficking in human beings. least 12.3 million adults and children in There will be, I am sure, much more The Department of State’s Office to forced labor, bonded labor, and com- discussion about this in the coming Monitor and Combat Trafficking uti- mercial sexual servitude at any given

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.000 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15365 time—are the wrenching victims’ sto- local NGO, including job training, and The OSCE efforts closely com- ries themselves. now she works and lives her life as a plement the Trafficking in Persons Re- We know trafficking is connected to free woman in Baku. port and demonstrate a close partner- organized crime. We know that. This is From some of these tragedies we ship with the efforts of the Office to not just isolated trafficking of people, have seen heroic actions taking place, Monitor and Combat Trafficking. I it is also part of an organized effort, some encouragement that we are mak- truly hope this close partnership con- criminal efforts that we need to root ing progress. tinues to flourish. out. But we sometimes forget that the Prostitution is not the only form of We were instrumental in getting women, children, and men who are involuntary servitude outlined in this OSCE to have the capacity to do this, trafficked are victims and we must latest report. It contains true stories and Congress was instrumental in get- treat them as victims, with respect and like: a family in India that were bond- ting the State Department to make dignity. That is a success story. We ed laborers at a rice mill for three gen- these annual reports. Now we have the have made progress. Tougher law are erations until freed with the help of documents. Now we have the evidence. being adopted. NGOs; young boys in the Democratic We know progress can be made. We Take Xiao Ping of China. Now 20 Republic of Congo abducted from their have seen progress made. But until we years old, her testimony in the State school by a militia group and tortured rid our civilization of modern-day slav- Department report says that: until they submitted to serving as sol- ery, we have not accomplished our She spent most of her life in her small vil- diers; and an 8-year-old girl from Guin- goal. lage in Sichuan Province. She was thrilled ea given away as an unpaid domestic Let’s take these reports, use these re- when her new boyfriend offered to take her servant after her mother and brother ports so we can bring this to an end on a weekend trip to his hometown. But her died. and help those who have been victim- boyfriend and his friends instead took her to These are real people. These are real ized through traffickers. a desert village in the Inner Mongolia Auton- stories. Madam President, I yield the floor omous Region and sold her to a farmer to be The U.S. is not immune from the his wife. The farmer imprisoned Xiao Ping, and suggest the absence of a quorum. beat her, and raped her for 32 months. . . . problems of modern day slavery. The The PRESIDING OFFICER (Mrs. Xiao Ping’s family borrowed a substantial 2009 Trafficking in Persons Report SHAHEEN). The clerk will call the roll. sum to pay for her rescue, but the farmer’s highlights a young girl brought to Cali- The bill clerk proceeded to call the family forced her to leave behind her 6- fornia from Egypt by a wealthy couple roll. month-old baby. To cancel the debts, Xiao who forced her to work up to 20 hours Mr. SESSIONS. Mr. President, I ask Ping married the man who provided the loan. a day for just $45 a month. And earlier unanimous consent that the order for But her husband regarded her as ‘stained in June, more than a dozen Filipinos the quorum call be rescinded. goods,’ and the marriage did not last. were rescued from hotels in Douglas The PRESIDING OFFICER (Mr. Tragic scenarios like this will con- and Casper, WY, where they were work- BURRIS). Without objection, it is so or- tinue unless all countries—whether a ing with minimal pay and forced to live dered. point of origin for the sex trade, a tran- in horrendous conditions. Their ‘‘em- JUDICIAL NOMINATIONS sit point for slaves whose criminal traf- ployment agency’’ purposefully al- Mr. SESSIONS. Mr. President, the fickers are undetected by law enforce- lowed their work visas to expire so nomination of a new Justice to the Su- ment, or a destination for a forced they would be trapped into servitude as preme Court of the United States child laborer, work together to in- illegal aliens. A Federal grand jury brings to our minds a core question, crease prosecution of these crimes. In brought forward a 45-count indictment both for the Senate and the American concert with the immense awareness on racketeering, forced labor traf- people, and that is: What is the proper raising efforts of the Trafficking in ficking, immigration violations, iden- role of a Federal judge in our Republic? Persons Report, the exchange of U.S. tity theft, extortion, money laun- Answering this question is not sim- policies and countertrafficking mecha- dering, and other related violations in ply an academic task, it is funda- nisms throughout the OSCE region has Wyoming and 13 other States. mental to what we will be doing here. resulted in a steady increase in the These are criminal elements. Fortu- How the American people and their number of countries with enacted nately we are starting to see prosecu- representatives and their Senators, the antitrafficking legislation. That is a tions of people involved in these activi- ones who have been delegated that re- success story. We have made progress. ties. sponsibility, answer that question im- Tougher laws are being adopted. We want to end this modern day slav- pacts not only the future of our judici- Probably even more important, we ery—as human beings we need to end ary but I think the future of our legal are developing attitudes in countries this slavery—in the United States and system and the American experience. that this cannot continue, it is not around the world. Involuntary domes- In traveling the world as part of the something you can just overlook. I tic servitude, sex trafficking and forced Armed Services Committee, I am more must tell you, these reports that were labor should not be acceptable in any convinced than ever before that the issued, now for almost 10 years, have 21st century civilization. glory of our American experience, our played a critical role. The United The OSCE has a unique role in gener- liberty, and our prosperity is based on States should be proud of what we have ating instruments that empower gov- the fact that we have a legal system been able to do to call world attention ernments to end human trafficking. you can count on. When you go to to this issue. Each year, the OSCE Special Rep- places such as Afghanistan or Iraq or According to the State Department’s resentative and Coordinator for Com- Pakistan or the West Bank or Bosnia report, a young woman from Azer- bating Trafficking in Human Beings and you see people—and they cannot baijan, Dilara, had a sister who: also prepares a report that outlines the get a legal system working. It does not . . . had been tricked into an unregis- trends and developments of counter- work, and people are not protected, in tered marriage to a trafficker who later trafficking efforts in the OSCE region. their persons, from attack, and their abandoned her when she got pregnant. When This report has been instrumental in property is not protected, contracts Dilara confronted her sister’s traffickers, she promoting the establishment of na- herself became a victim. She ended up in often are not enforced properly. That Turkey, where she and other abducted girls tional rapporteurs, consistent data col- just demoralizes the country. It makes were tortured and forced to engage in pros- lection practices, and standardized law it very difficult for them to progress. titution. Dilara escaped with the help of enforcement policies to ensure more I am so proud of the American legal Turkish police, who promptly arrested the robust cooperation to end modern slav- system. It is something we inherited, nine men who trafficked Dilara and her sis- ery. It is used around the world so peo- we built upon. It is the bulwark for our ter. ple can see how to better prepare their liberty and our prosperity. They were some of the lucky ones. own country to identify trafficking and So we ask this question: What do Dilara and her sister found help from a help its prosecution. judges do? Do they faithfully interpret

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15366 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 our Constitution and laws as written or Article II two declares: sense in the way they dealt with do they have the power to reinterpret The executive power shall be vested in a things. those documents through the lens of President of the United States. In England, colonial judges were not their personal views, backgrounds, and And Article III declares: protected from the whims of the King. opinions? The judicial power of the United States Included in the Declaration of Is the Judiciary to be a modest one, shall be vested in one Supreme Court. Independence’s litany of grievances is applying the policies others have en- And such other Courts as the Con- the assertion, when Jefferson was set- acted, or can it, the Judiciary, create gress creates. ting forth the complaints against the new policies that a judge may desire or These words are unambiguous. The King, he asserted that the King had think are good? Judiciary possesses no power to make ‘‘made Judges dependent on his Will When the correct answer to a legal law or even enforce law. In Federalist alone, for the tenure of their offices case is difficult to ascertain, is a judge No. 47, one of our Founding Fathers, . . .’’ then empowered to remove his or her James Madison, cites the Constitution That was a complaint. That was one blindfold, that Lady of Justice with the of Massachusetts which states: blindfold on holding the scales? Can of the things we objected to in the way The judicial shall never exercise the legis- the King was handling the people in they remove the blindfold and allow lative and executive powers, or either of their personal feeling or other outside them, to the end that it may be a govern- the Colonies. That was part of the Dec- factors to sway the ultimate decision ment of laws and not of men. laration. When the Constitution was in the case? So Madison, in arguing for the Con- drafted, that matter was fixed. I am going to be talking about that stitution, trying to convince the Amer- In order to shield the courts from the and addressing those questions in the icans to vote for it, quoted the Massa- threat of political pressure or retribu- weeks to come. But I do think we need chusetts Constitution—this provision tion, article III effectively grants to first begin at the source. We must in it, with approval stating that is es- judges a lifetime appointment, the return to the words and ideas of those sentially what we have in our Federal only Federal office in America that has who founded our Nation, whose fore- Government. a lifetime appointment. We have to an- sight resulted in the greatest Republic Madison was a remarkable man. swer to the public. So does the Presi- this world has ever known and the He went on to describe the separation dent. It also specifically prohibits Con- greatest legal system anywhere in the of powers as the ‘‘essential precaution gress from diminishing judicial pay or world. in favor of liberty.’’ Alexander Ham- removing judges during times of good It is clear from reviewing these words ilton, in Federalist No. 78—written to behavior. So Congress can’t remove a and ideas and ideals, particularly as ex- encourage Americans to support the judge or even cut their pay. Hamilton pressed in the Constitution itself, that Constitution—quotes the French phi- referred to this arrangement as ‘‘one of our Founders desired and created a losopher, Montesquieu, who said: the most valuable of modern improve- court system that was independent, There is no liberty if the power of judging ments in the practice of government.’’ impartial, restrained, and that, not be separated from the legislative and ex- He went on to say that he saw it as the through a faithful rendering of the ecutive powers. best step available to ‘‘secure a steady, Constitution, serves as a check against The judicial branch, then, is limited upright, and impartial administration the intrusion of government on the to the interpretation and application of of the laws.’’ rights of humankind. law—law that exists, not law they cre- So Madison hoped the courts, set The Founders established a govern- ate. At no point may its judges sub- apart from the shifting tides of public ment that was modest in scope and stitute their political or personal views opinion, would be better suited to act limited in its authority. In order to for that of elected representatives or to as ‘‘faithful guardians of the constitu- limit the expansion of Federal Govern- the people themselves—the people’s tion’’ to stand against ‘‘dangerous in- ment power, they bounded the govern- will having been permanently ex- novations in government.’’ In other ment by a written Constitution. Its pressed in the Constitution that cre- words, courts are removed from the po- powers were only those expressly ated the judiciary. litical process not so they are free to granted to the government. As Chief To gain a deeper understanding of reinterpret the Constitution and set Justice John Marshall famously wrote: this role, it is instructive to look fur- policy, but so they are free from the This government is acknowledged by all to ther in Hamilton’s Federalist No. 78, pressures of those who would encour- be one of enumerated powers. widely regarded as one of the definitive age them to do just that. Enumerated means the government documents on the American court sys- The Framers also understood that has the power it was given and only tem. In it Hamilton explains that ‘‘the the courts, as an unelected branch of those powers it was given. If you will interpretation of the law is the proper government with a narrow mandate, recall the Constitution starts out: and peculiar province of the courts. would also necessarily be the weakest We the people of the United States of The constitution . . . must be regarded America, in order to establish a more perfect by the judges as a fundamental law. It branch. Hamilton wrote that whoever Union . . . therefore belongs to them to ascertain looks at the ‘‘different departments of power must perceive that, in a govern- So the people established it, and they its meaning.’’ ment in which they are separated from granted certain powers to the branches Judges do not grant rights or remove each other, the judiciary, from the na- of government. But those powers were them. They defend the rights that the ture of its functions, will always be the not unlimited, they were indeed lim- Constitution enumerates. So it is thus least dangerous to the political rights ited. They were enumerated and set no surprise that Hamilton says a judge of the Constitution; because it will be forth. must have an ‘‘inflexible and uniform But our Founders knew these limita- adherence to the rights of the Con- least in a capacity to annoy or injure tions, history being what it is, stand- stitution.’’ them. . . .It may truly be said to have ing alone were not enough. So they cre- In order to ensure that judges would neither force nor will, but merely judg- ated three distinct branches of the gov- consistently display such adherence to ment. . . .’’ ernment, creating a system of checks the Constitution in the face of outside So in light of this narrow mandate and balances to prevent any one branch pressures, our Framers took steps to that judges have been given, judges from consolidating too much power. ensure that the judiciary was inde- have understood from time to time The Constitution gives each branch its pendent from the other branches and that they ought not to be drawn into own responsibility. insulated from political interference. the political thicket; that they ought Article I of the Constitution declares: As was often the case, the Framers to decline to answer questions that All legislative powers, herein granted shall were guided by the wisdom of their own they felt were more appropriately to be be vested in a Congress of the United States. experience. They had a lot of common addressed by the political branches of

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15367 government. Typically, this distant ap- was ever a consideration; that Congress at the ballot box, they have an oppor- proach has been invoked when the Con- had no contemplation that it would be tunity to get a judge to declare it so. stitution has delegated decision-mak- used to limit carbon dioxide some We have the Ninth Circuit Court of Ap- ing on a particular issue to a particular years later. But that is what the Court peals en banc ruling that the Pledge of branch, when the court finds a lack of ruled. Allegiance to the Constitution is un- ‘‘judicially discoverable and manage- I only say that because that was a constitutional because it has the words able standards’’ to guide its decision- huge economic decision of monumental under God in it. Actually, that has making, or when the court feels it best proportions. It called on an agency of never been reversed. It has been va- not to insert itself in a conflict be- the U.S. Government to regulate every cated in a sense because the Supreme tween branches. That is what is hap- business in America that uses fossil Court rejected it on, I think, standing pening. They are showing restraint and fuels. It is a far-reaching decision. grounds. But at any rate, those are the discipline. This is an example of judi- Right or wrong, I just point out what things that are out there. It is not in cial restraint because it respects the five members of the Court can do with the Constitution. This is a bad course powers of the other branches and the a ruling, and that was five members. for America. role of elected representatives rather Four members dissented on that case. If the judiciary heads further down than the appointed judges in estab- At least two members of the Supreme that path, then I think we do have dan- lishing policy. Court concluded that the death penalty gers because we are actually weak- This is not an academic exercise or is unconstitutional because they be- ening the Constitution. How can we up- an abstract hypothetical. Judicial ac- lieve that it is cruel and unusual as hold the rule of law if those who weigh tivism has enormous consequences for prohibited by the eighth amendment to the scales have the power to tip them every American because if judges who the Constitution. They dissented on one way or the other based on empa- are given a lifetime appointment and every single death penalty case and thy, their feelings or their personal guaranteed salaries are given the sought to get others to agree with views? How can we curb the excess of power to set policy, then that is an them. Some thought others might Federal power if we allow our courts to anti-democratic outcome because we agree with them. But as time went by, step so far beyond the limits of their have created someone outside the po- they have now left the bench and no legitimate authority? How can the least among us depend on the law to litical process and allowed them to set other Judges have adhered to that phi- deliver justice, to protect them, to policy for the country and they cease losophy. But I would say that it is an steadfastly protect their liberties, if to be accountable to the American peo- absolutely untenable position because rulings are no longer objective and if a ple. the Constitution itself makes at least single judge has the power to place his The men and women of the Supreme eight references to the death penalty. or her empathy above the law and the Court hold extraordinary power over It is implicit in the Constitution itself. our lives. It takes only five Justices to evidence? It says the government can’t take life So with these fundamental questions determine what the words of the Con- without due process. So that con- in mind, I hope the comments I make stitution mean. You may think it is templates that there was a death pen- in the weeks to come will be of some nine; it is really just five. If five of the alty, and you could take life with due value as we talk about the future of nine agree that the Constitution means process. the judiciary, what the role of a judge this or that, it is as good—hold your The Constitution also refers to cap- ought to be on our highest court, and hats—as if three-fourths of the States ital crimes and makes other references to uphold our sacred charter of inalien- passed a constitutional amendment to the death penalty. Every single Col- able rights. along with the supermajority votes of ony, every single State at the founding So let me repeat, I love the American the Congress. So this is a powerful of our government had a death penalty. legal system. I am so much an admirer thing a Supreme Court Justice pos- It is an abuse of power for two Judges of the Federal legal system I practiced sesses, the ability to interpret words of to assert that the eighth amendment, in for 15 years before fabulous judges. the Constitution. which prohibited drawing and quar- They were accused sometimes of think- When Justices break from the ideal tering and other inhumane-type activi- ing they were anointed rather than ap- of modest and restrained practices, as ties, actually should be construed to pointed. But I found most of the time— described by Hamilton, they begin cre- prohibit the death penalty. That is ju- the prosecutor that you are—they did ating rights and destroying rights dicial activism. They didn’t like the follow the law and they tried to be fair. based on their personal views, which death penalty. They read through the I think the independence we give them they were never empowered to do. The Constitution, found these words, and is a factor in their fairness and some- temptation to reinterpret the Constitu- tried to make it say what it does not. thing I will defend. But there is a re- tion leads judges, sometimes, to suc- So the question is not whether these sponsibility that comes with the inde- cumb to the siren call of using that op- policies are good or bad, whether you pendence judges get. And that responsi- portunity they might possess to enact like the death penalty or not. That is a bility is that when they get that bench something they would like to see matter of opinion. And how one be- and they assume that power, they not occur. lieves that global warming should be abuse it, they use integrity, they are Maybe somebody will write in a law confronted is not the question. The objective, and they show restraint. review that they were bold and coura- question is whether a court comprised Mr. President, I yield the floor. geous and did something great. We of nine unelected Judges should set The PRESIDING OFFICER. The Sen- have seen some of these actions occur. policy on huge matters before the ator from Illinois. Under the power to regulate business country that we are debating in the po- NOMINATION SONIA SOTOMAYOR and commerce the government is litical arena. Mr. DURBIN. Mr. President, I lis- given, our Supreme Court recently Should that not be the President and tened carefully to the statement of my ruled that carbon dioxide, which is a the Congress who are accountable to colleague, Senator SESSIONS, from Ala- naturally occurring substance in our the voters to openly debate these bama, who is the ranking Republican environment—when plants decay, they issues and vote yes or no and stand be- in the Senate Judiciary Committee, emit carbon dioxide; when they live, fore the people and be accountable to who is charged with a special responsi- they draw in from the air carbon diox- them for the actions they took? I think bility at this moment in history. Be- ide; it is plant food—they ruled that it the Constitution clearly dictates the cause with the retirement of Supreme was a pollutant. As a result, regardless latter is the appropriate way. Court Justice David Souter and the va- of how you see that matter, I think A number of groups and activists be- cancy that has been created, the Sen- when the statute was passed they gave lieve the Court is sort of their place ate Judiciary Committee has the re- EPA regulation to control pollution in and that social goals and agendas they sponsibility to work with the President the 1970s long before global warming believe in that are not likely to be won to fill that vacancy.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15368 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 I am honored to be a member of that It was not until Lilly announced her vious court’s decisions, which had committee and to be facing the third retirement that one of the employees given her and people like her the right vacancy since I have been elected to came to her and said: Lilly, for many to recover and limited that right to re- the Senate. It is rare in one’s public po- years now, you have been paid less cover. litical life to have a chance to have a than the man you were working next Well, in the name of Lilly Ledbetter, voice or a partial role in the selection to, even though you had the same job we changed the law to make it abun- of one Supreme Court Justice. But to title and the same job assignment. This dantly clear, so that neither this Su- have a chance to be involved in the se- company was paying less to women preme Court nor any Supreme Court in lection of three, for a lawyer, is quite doing the same job as men. She the future will have any doubt that it an amazing responsibility. thought that was unfair—after a life- is 6 months after the discovery of dis- Senator SESSIONS and I are friends, time of work—that she would not re- crimination, not after the first act of and we see the world somewhat dif- ceive equal pay for equal work. discrimination. ferently. But I would say to him that I So she filed a lawsuit under a Federal It was one of the first bills, if not the would quarrel with the notion that our law asking that she be compensated for first bill, President Barack Obama laws are so clear that a judge, given a this discrimination against her—the signed. I happened to be there at the set of facts, could only draw one con- reduction in pay she had faced and the signing, and standing next to him, re- clusion. What we find often is the oppo- retirement reduction which she faced ceiving the pen for that signature, was site. Well-trained attorneys who be- as a result of it. It was a well-known come judges can look at the same law Lilly Ledbetter. She may not have won law she filed her case under, giving in the Supreme Court, she may not and the same facts and reach different each American the right to allege dis- conclusions. That is why, when it have come back with the compensation crimination in the workplace, and she she was entitled to, but she at least comes to appellate courts, it is not un- set out to prove it. usual to have a split decision. Different had the satisfaction to know this Con- Her case made it all the way to the gress and this President would not judges see the facts in a different con- Supreme Court of the United States, text. allow the injustice created by that Su- across the street—the highest court in preme Court decision to continue. So to argue that we want judges who the land. This conservative, strict con- So the Senator from Alabama came will always reach the same conclusion struction Court departed from all the here and said: We do not need judges from the same laws and facts defies earlier cases. The earlier cases had said with empathy. That word has been human experience. It is not going to something that was, I think, reason- stretched in many different directions. happen. People see things differently. able on its face. They looked at the But if empathy means we do not need People read words differently. People statute, the law the case was brought judges who understand the reality of view facts differently. Occasionally under, and said Lilly Ledbetter had a the workplace, if empathy means we judges, faced with cases they may specific period of time after she discov- would say to Lilly Ledbetter: Sorry, never have envisioned, see a need for ered the discrimination to file a law- change in our country. you missed it, girl, you had 6 months suit. I believe the period was 6 months. There are times when I might agree to file that lawsuit from the first act of I may be mistaken, but I think that is with that change and times when I discrimination, the first paycheck— a fact—that she had 6 months after she might disagree. In 1954, right across you missed it, and you are out of discovered she was discriminated the street, in the Supreme Court, a de- luck—if empathy would say that is not against to file a lawsuit. And Lilly cision was reached in Brown v. Board a fair or just result, I want judges with Ledbetter said: That is exactly what I of Education. Fifty-five years ago, they empathy. I want them to know the real did. When I learned I was discriminated took a look at the schools of America, world. I want them to know the prac- against, I filed within that statutory the public schools of America, that tical impact of the decisions they requirement. were segregated, Black and White, and make. I want them to follow the law. I said: No, you cannot have separate and But the Supreme Court, across the street—the strict constructionists that want them to be fair in its administra- equal schools. That brought about a tion. But I do not want them to sit dramatic change in America: the inte- they are—reached a different conclu- sion. Their conclusion was that the law high and mighty in their black robes so gration of America’s public education. far above the real world that they The critics said that Supreme Court did not mean that. The law meant she had to file the lawsuit within 6 months could not see justice if it bit them. I had gone too far, they had no right to think that is what empathy brings— reach that conclusion. Well, I disagree after the first act of discrimination. In other words, the first time she was paid someone who is at least in touch with with those critics. But some of them this real world. said they should have been strict con- less than the man working next to her, For the last several—2 weeks, I structionists, they should have left she had a clock starting to run, and she guess—the nominee of President schools as they were; it was not their had 6 months to file the lawsuit. Barack Obama for the Supreme Court, right to change the public school sys- Well, those of us who have worked Sonia Sotomayor, has been meeting tem of America. I think they did the outside government—and even those with the Members of the Senate. She right thing for this Nation. working in government, for that mat- Having said that, there are times ter, to some extent, but those working had an unfortunate mishap and broke when a Supreme Court has reached a in the private sector know it is a rare her ankle at La Guardia Airport, so I decision which I disagree with. Most company that publishes the paychecks allowed her to use my conference room recently, this current Court—which is of every employee. You may be work- upstairs on the third floor, and there dominated by more conservative mem- ing next to someone for years and was a steady parade of Senators com- bers, those who fall into the so-called never know exactly what they are ing in to meet her. strict construction school—had a case being paid. I asked her this morning. She said: I that came before them involving a That was the case with Lilly have seen 61 Senators, and I have 6 woman. She was a woman who worked Ledbetter. She did not know the man more today. She may break a record at a tire manufacturing plant in Ala- standing next to her, doing the same for actually meeting face to face with bama, if I am not mistaken. She spent job, was being paid more. She did not more Senators than most Supreme a lifetime working there. Her name was discover that until many years later. Court nominees. But regardless, she is Lilly Ledbetter. Lilly rose through the So the Supreme Court said: Mrs. doing her level best to introduce her- management ranks and was very happy Ledbetter, unfortunately, you did not self and to answer any questions Sen- with the assignment she was given at file your case in time. We are throwing ators have. I think—and I told the this plant. it out of court. And they did. Strict President when I saw him at an event She worked side by side, shoulder to constructionists, conservatives that today—he has made an extraordinary shoulder, with many male employees. they were, they departed from the pre- choice.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15369 Sonia Sotomayor was first selected the world that the United States is Quincy, IL, features historic archi- to serve on the Federal court—the dis- open for visitors. That can only help tecture and fun along the mighty Mis- trict court—by President George Her- improve the chances that the 2016 sissippi River. bert Walker Bush. She was then pro- Olympic games actually come to the We have our unusual tourist attrac- moted by President Bill Clinton to a Windy City. tions in Illinois as well. Near my old higher level court—the circuit court— Tourism and travel generate approxi- hometown of East St. Louis, you can and now is being nominated for Su- mately $1.3 trillion in economic activ- visit Collinsville and see the world’s preme Court service. She has more ex- ity in the United States every year, in- largest catsup bottle or the two-story perience on the Federal bench than any cluding 8.3 million travel-related jobs. outhouse in Gays, IL, or the home of nominee in 100 years, so she is going to Overseas visits to the United States, Superman, including a 15-foot Super- be no neophyte if she is fortunate unfortunately, are still being hampered man statue in Metropolis, IL, and a 6- enough to serve on the Court. by the specter and memory of 9/11. foot Popeye statue in Chester, IL. A lot She is a woman with an extraor- That has cost the United States an es- of photographs have been taken in dinary life story, having grown up in timated $182 billion in lost spending by front of the statue. the Bronx in public housing. Her father tourists in our country and $27 billion Every State has these historic, amaz- died when she was 9 years old. Her in lost tax receipts in the last 8 years. ing places to visit and those curiosities mother raised her and her younger The current economic downturn is ex- that bring people from all over the bother, who ended up becoming a doc- pected to cost another 250,000 travel-re- United States and all over the world. tor, incidentally. lated jobs just this year alone. Illinois offers the international vis- She was encouraged to apply to So this bill addresses some of the itor a truly American experience. In Princeton, which was a world she knew problems underlying this downturn in fact, Illinois tourism adds $2.1 billion nothing about as a young Latino grow- overseas visitors. to State and local tax coffers and sup- ing up in the Bronx, but she applied Through a public-private, nonprofit ports more than 300,000 jobs annually. and was accepted. At the end of the 4- Corporation for Travel Promotion, the In 2008, there were about 1.4 million year period, she graduated second in United States will coordinate its ef- international visitors to my State. her class at Princeton. I do not believe forts to encourage international tour- These travelers spent $2 billion in all Princeton University is an easy assign- ism. sectors of the economy, from transpor- ment. I think it is a challenging as- The new Office of Travel Promotion tation, to lodging, to food service, to signment. Clearly, she was up to it. within the Department of Commerce entertainment. These international She went on to graduate from Yale will work to streamline entry proce- visitors generated an additional $521 Law School. She was involved in pros- dures, making travel to the United million in wages and salaries for Illi- ecution. She was involved in working States more welcoming and efficient. nois residents. in private law practice. She has an The bill does all this while reducing I encourage my colleagues to support amazing background in law, and I budget deficits by $425 million. In other this bipartisan bill. I am sorry it was think she would be an extraordinary words, this is one of the few bills we delayed today. There was no reason for member of the Supreme Court. will consider that actually is going to that. We sat here idly today making So Senator SESSIONS came earlier make money. Bringing more tourists wonderful speeches when we should and talked about his philosophy and to the United States, generating more have been passing this bill. I hope we certainly expressed it very capably. I tax revenue, is going to be to our eco- get to it soon, and I hope, with passing did not have any prepared remarks on nomic benefit and the benefit of our it, we will help this economy get back the subject. Although I disagree with government. on its feet. him, I respect him very much, and I By setting up stronger entities to Mr. President, I see the Senator from hope at the end of the day we can do promote internationally the benefits of Ohio is in the Chamber. I have one last the Senate proud and serve our Nation visiting America, this bill certainly ad- short statement I have to make. by giving her a fair and timely hearing. vances Chicago’s chances to be awarded Let’s not use a double standard on the 2016 Olympic games. CONSUMER FINANCIAL PROTECTION AGENCY this nominee. As chairman of the Sen- But the bill also offers an oppor- Mr. President, today I went to the ate Judiciary Committee, PATRICK tunity to showcase internationally all White House to hear President Obama LEAHY has suggested a timely hearing the other reasons to visit America, and announce a significant, sweeping on her nomination. It is a hearing they are many. change in the regulation of financial within the same schedule of those who Even in my home State of Illinois, a services. It is the most important went before her, such as Chief Justice lot of foreign travelers come to walk change since the Great Depression. At Roberts or Justice Alito. So if she is the streets that Abraham Lincoln the heart of President Obama’s pro- given the same standard of fairness, walked in Springfield, IL. Looking for posal is the creation of an independent that hearing will go forward. I cer- Lincoln highlights sites all across our new agency. It is called the Consumer tainly hope it does and think she will State, with a series of stories about the Financial Protection Agency. It is do well. President’s life in 42 different counties going to put the interests of American TOURISM of Illinois where his journeys took him. families and consumers above the in- Mr. President, this bill we are consid- The Abraham Lincoln Presidential terests of a lot of businesses and banks. ering on the floor at this time could Museum in Springfield, IL, was a pet I introduced a bill last year, and then not come at a better time. On October project of mine I thought of about 18 again this year, that would create that 2, the International Olympic Com- years ago and today is a reality. This same agency. It is an honor for me that mittee is going to select a site for the Abraham Lincoln Presidential Library the President would pick up on this 2016 Olympic games. and Museum draws almost half a mil- idea and make it a major part of what I am proud to say that Chicago is one lion tourists a year to Springfield, he is doing. But before I take too much of the final global candidates—one of many of them families with children credit for it, the idea really originated the final four in the world. Winning who leave with a better understanding with Elizabeth Warner. She is a pro- that bid would bring 6 million tourists and a very enjoyable visit after seeing fessor at Harvard Law School who is from all over the world into the United Lincoln’s life portrayed in very posi- one of the more creative, innovative States and generate as much as $7 bil- tive terms. people who advise us here on Capitol lion in tourist revenue. Saline County, IL, down in southern Hill. She realizes, as most of us do, This bill, by encouraging inter- Illinois, draws visitors to its Garden of that most consumers and customers national tourism—the one before us— the Gods—the gateway to the Shawnee and businesses are at the mercy of a lot will welcome international visitors to National Forest, one of the prettier of regulations and a lot of fine print our country, and it will demonstrate to areas in our State. that is almost impossible to follow, so

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15370 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 she suggested the creation of this agen- wasn’t there someone to warn that cus- The U.S. Supreme Court heard the cy, and the President followed through tomer, that person borrowing for their evidence, and it was argued in the U.S. today. home? This agency can do that. This Supreme Court. This one lady, Lilly It is simple: an agency staffed by peo- agency can make that sort of thing Ledbetter, took her case all the way to ple who wake up in the morning think- clear to customers and consumers the Supreme Court. They heard it, and ing about how to make consumer fi- across America so that they have a they concluded that she was aware of nancial transactions safer in America fighting chance. They can avoid bad de- the unfair wage practices that she al- and more understandable. It will mean cisions that can be disastrous for their leged long before the statute of limita- we are going to protect consumers personal finances. tions—long before—and that by the from making mistakes and making de- As Congress embarks on financial time she filed her complaint, it was cisions that could be very damaging to regulatory reform, our improved regu- way too late. In fact, one of the key them economically. latory system must focus not just on witnesses had already died. So it was Today, there are no fewer than 10 safety and soundness of the providers years after. So they concluded that. Federal agencies with the responsi- of financial products but also on the The Congress, fulfilling its proper bility for consumer protections from safety of the consumers of financial role, was unhappy about it and has predatory or deceptive financial prod- products. The Consumer Financial Pro- passed a law that I think unwisely ucts to a variety of other areas, but tection Agency will do just that. muddles the statute of limitations on none of them—not one of them—has I yield the floor. these kinds of cases dramatically, but oversight as its primary objective. Mr. SESSIONS. Mr. President, I see it would give her a chance to be suc- That is going to change with President my colleague from Ohio is here. I am cessful or another person in that cir- Obama’s bill. This agency will encour- wondering if we are in an alternating cumstance to be successful. age innovation that benefits consumers situation. I wish to speak for about 5 So this wasn’t a conservative activist rather than innovation that benefits minutes. Would that be all right? decision; it was a fact-based analysis Mr. BROWN. That is fine. by the Supreme Court by which they those who are going to make a profit The PRESIDING OFFICER. The Sen- off of those same consumers. There is a ator from Alabama. concluded that she waited too long to large coalition of consumer advocacy bring the lawsuit, and it was barred. SUPREME COURT RULINGS Congress, thinking that was not good, groups supporting this concept. I look Mr. SESSIONS. Mr. President, my forward to working with Chairman passed a law that changed the statute colleague from Illinois, Senator DUR- DODD and the Banking Committee to of limitations so more people would be BIN, is such a fine lawyer and an excel- able to prevail. It is not wrong for the see that this agency becomes a reality. lent Senator. I would respectfully talk It won’t be an easy task, but it is a per- about some of the ideas he suggested. Court to strike down bad laws. fect followup to our Credit Card Re- One, he raised the question about the We just had a little to-do with Attor- form Act. case of Brown v. Board of Education ney General Holder today in the Judi- We need to be more sensitive to con- where the Court held that separate was ciary Committee in which the Office of sumers in America struggling in this not equal, and that somehow this is a Legal Counsel of the Department of economy to make sure they have pro- justification for a judge setting policy. Justice had written an opinion that he tection. One illustration tells it all. He thought it wasn’t good policy. I kept down and has still kept it hidden There was a prepayment penalty that would see it differently. I would say that declared that the legislation we was folded into a lot of these subprime Brown v. Board of Education was the passed to give the District of Colum- mortgages. If you have been to a real Supreme Court saying that the Con- bia—not a State but a district—a U.S. estate closing on your home, you know stitution of the United States guaran- Congressman was unconstitutional. He they stack up papers on a table in front tees every American equal protection didn’t want that out since he and the of you and they turn the corners and of the laws. They found that in seg- President supported giving a Congress- they say: Keep signing, and eventually regated schools, some people were told man to the District of Columbia. But I you will get out of here. they must go to this school solely be- think that case is going up to the Su- You may slow them down and say: cause of their race, some people must preme Court, and I would expect it will What am I signing? go to this school solely because of their come back like a rubber ball off that They will say: It is standard. It is race, and that, in fact, it wasn’t equal. wall because I don’t think that was boilerplate. It is a government require- So there are several constitutional constitutional. And I don’t believe that ment. Keep signing. issues plainly there, and I don’t think is activism or an abuse of power; it is Sign and sign and sign, 20, 30, 40 that was an activist policymaking de- simply a plain reading of the Constitu- times, and then you get the check, cision. I think the Supreme Court cor- tion. hand it back to the bank, and you go rectly concluded that these separate If the Congress passes laws in viola- home with the keys in hand. That has schools in which a person was man- tion of the Constitution, they should happened to me a few times with my dated to go to one or the other based be struck down. There is nothing wrong wife. I am a lawyer. Did I read every on their race violated the equal protec- with that if the Court is doing it in an page? No. tion clause of the United States, and, objective, fair way, not allowing their Well, it turned out that the mort- in effect, they also found it wasn’t personal, emotional, political, cultural, gages that were sold for a long period equal, which they were correct in or other biases to enter into the mat- of time in America had a prepayment doing. ter. penalty. So if you got into a bad mort- With regard to the Lilly Ledbetter So I think we are going to have a gage and decided, man, that interest case, Senator DURBIN and my Demo- great discussion about the Supreme rate is too high; I can’t keep making cratic colleagues during the last cam- Court and our Federal courts. I look payments, so I am going to the bank paign and during the last several years forward to it. next door where I can get a lower inter- have talked about this case a lot. I I really appreciate Senator DURBIN. est rate, they would say: Sorry to tell would just say that everybody knows it He is a superb lawyer. If I were in trou- you this, but to pay off your old mort- is a universal rule that whenever a ble, I would like to have him defending gage, there is a penalty that is pretty wrong is inflicted upon an individual, me. steep. And you say: Well, I didn’t know they have a certain time within which I thank the Chair, and I yield the that. Well, you missed it. You missed it to file their claim. It is called the stat- floor. in that stack of papers. That prepay- ute of limitations. If you don’t file it HEALTH CARE REFORM ment penalty sentenced thousands of within the time allowed by law, then Mr. BROWN. Mr. President, across American homeowners to be stuck with you are barred from filing that lawsuit. the street today, in the so-called Sen- subprime mortgages that were unfair It happens all over America in cases ate Caucus Room—a room which, next and eventually led to foreclosure. Why throughout the country. to this Chamber, is perhaps the most

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15371 famous room in the Senate; a room guments they used in the 1930s, and the she uninsured? No. When her illness where the McCarthy hearings, the Mac- same arguments some are now using struck, she was a partner in a law firm Arthur hearings, the Watergate hear- about the public plan option in this and had good insurance. But once she ings, and the hearings for the Supreme health care legislation today. became too sick to work, she lost her Court nominees during the confirma- People obviously know that Medi- coverage and was forced to fend for tion process have been held. It is the care, since 1965—coming up on 44 herself. room where Senator John F. Kennedy years—has worked for the American She and her family of four went on announced his campaign for the Presi- public. Here is the best illustration of COBRA for as long as they could, and dency in 1960. It is the room where Sen- why Medicare works. There have been then they paid $27,000 a year for insur- ator Robert F. Kennedy, whose desk at many studies over the years comparing ance on the individual market, where which I sit, announced his candidacy the outcomes in the United States— medical underwriting runs rampant. for President in March of 1968. It is the health outcomes—to the outcomes in That is where the administrative costs room where today we are beginning to other countries in the world. We rank, run 30, 35, even 40 percent. mark up the health care legislation in terms of infant mortality, maternal She recently traded that plan—the that is the most important thing I mortality, diabetes, child obesity, $27,000 a year plan, at $2,500 a month, have worked on in my, I guess, 17 years and immunization rates—amazingly almost—for a bare-bones policy that in Washington. It is probably the most enough, even though we spend twice as costs only $15,000 a year, but doesn’t important bill, with the exception of much as everybody, we rank almost at cover prescription drugs and has a war and peace issues, this Congress has the bottom among the rich countries in $5,000 deductible. Before she gets $1 of worked on in a long time. the world on all of those things. There care paid for by insurance companies, This Congress has been trying for is one statistic where we rank near the she is paying $15,000 for premiums and many years, as have been Presidents, top, and that is life expectancy at 65. a $5,000 deductible. So she already has to pass legislation to reform our health So these pages sitting in front of me, paid $20,000 before the insurance com- care system. five decades from now when they turn pany comes in and helps her. She In 1945, Harry Truman spoke before a 65—we are going to change the system writes, ‘‘This is not what insurance is joint session of Congress down the hall before then, but people who are 65 in supposed to be about.’’ in the House of Representatives and this country have a longer, healthier The bill before us today will take a said: life in front of them than almost all number of steps to ensure that Ameri- Millions of our citizens do not now have a other countries in the world. That is cans do not meet the same fate as Ann full measure of opportunity to achieve and because we have Medicare, and Medi- and her family. enjoy good health. Millions do not now have care works, pure and simple. For one, it provides for better regula- protection or security against the economic Today, some 65 years after Harry tion of the health insurance industry. effects of sickness. The time has arrived for Truman made the speech to the joint This insurance industry, in some ways, action to help them attain that opportunity session I mentioned, we are still wait- is one step ahead of the sheriff. It is an and that protection. ing for a health care system that deliv- industry that always tries to figure out That was 1945. That was President ers on the promise of affordability and how to beat the system and how to in- Harry Truman. quality health coverage for all. sure you because you are healthy; they A dozen years before, President Roo- We are waiting for reforms that can make money on you, but they may sevelt made a momentous decision. lower costs for businesses and families exclude you because you are not so President Roosevelt decided, in large buckling under the weight of ever healthy and they might lose money. part because of his fear of the power of climbing premiums. No longer will we allow insurance the American Medical Association, to We are waiting for reforms that fos- companies to play that game. We will not include health care in the Social ter competition in the insurance mar- ban preexisting condition exclusions Security legislation, in the bill to cre- ket and give Americans better choices, and prevent insurance companies from ate Social Security, because President including a public health insurance op- denying coverage based on medical his- Roosevelt actually believed Social Se- tion. tory. We will eliminate annual and life- curity meant a pension and health We are still waiting for reforms that time benefit caps. No longer will insur- care. bring accountability to the system, en- ance companies be able to selectively But he thought the power of the doc- suring that our patients in this coun- cover only those who pose little or no tors’ lobby would keep him from being try get the highest quality care in the risk of needing health care, leaving ev- successful, so he moved forward in the world. erybody else in a lurch. Health insurers creation of Social Security. Who knows We are waiting, in other words, for are not supposed to avoid health care if that was the right decision then, but reforms that fix what is broken and costs; they are supposed to cover them. it certainly brought us a program that keep what is working. That wait is Second, this reform will extend the has mattered in the lives of our par- nearly over. Today is a historic time. reach of our health care system to pro- ents, grandparents, and great-grand- That wait, since 1932 when FDR de- tect those with no health insurance parents. Harry Truman was not able to cided not to include it in the Social Se- today. accomplish Medicare or any other sig- curity law, to 1945 when President Tru- Let me tell you about Jaclyn. She nificant health care reform in his 7 man spoke to a joint session, to 1965 used to work at a child care center, but years or so as President. when President Johnson was able to her employer didn’t offer health care Fast forward to July 1965. President push through Congress with a heavily benefits, which is not surprising. When Johnson passed legislation creating Democratic House and Senate, as the she discovered a lump in her left Medicare. But leading up to that legis- overwhelming number of Republicans breast, she had nowhere to turn. She lation, again, it was the American opposed it, the creation of Medicare, to tried the State Medicaid Program, but Medical Association—the most con- today, we are finally at the historic despite having an income in 2006 of servative members, because I know a moment. The wait is nearly over when only $4,500, she did not qualify. She had lot of doctors who wanted to see us we are going to have real health insur- no dependents at that point. Her move forward, including my father, ance reform. It is not a moment too daughter was grown. She started chem- who was a general practitioner for al- soon for many Ohioans, who are one ill- otherapy last year, but doesn’t know most 50 years. He died at 89 in 2000. ness away from financial catastrophe. how she will pay her bills. Some in the AMA, in 1965, regarding For example, take Ann from Dayton, This bill would expand Medicaid and the creation of Medicare, called it so- a community in southwest Ohio. She offer premium subsidies to those who cialized medicine, and said it was too wrote to me last year. In the past 51⁄2 need help. This bill would increase expensive and it would lead to run- years, she has paid almost $130,000 in competition in the health insurance away, rampant socialism—the same ar- health care bills. How can this be? Was market by establishing a federally

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15372 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 backed health coverage option for you have two companies that have 58 they have had this experience of mak- those who want it. percent of the market, that is not com- ing a difference. There is nothing like good old-fash- petition. In some Ohio cities—as I as- Those are some of what is going on in ioned competition to reduce premiums, sume it is in the Presiding Officer’s this country. If we do it right, we can improve customer service, and keep State of Illinois—the two largest insur- take this program in Mansfield and the health insurance on its toes. ance companies account for 89 percent replicate it and see it all over the Na- Not surprisingly, the health insur- of the market. That is not exactly tion. ance lobby has launched a massive healthy competition. If we bring in a This bill will also address serious campaign to prevent inclusion of a pub- public option and compete with these workforce shortages that exist across lic health insurance option with which two companies, their rates would come the spectrum—from nurses, to pedi- they would have to compete. down and salaries for top executives atric specialists, to dental care pro- I guess competition is a good thing, would come down. There would be no viders, to primary care physicians. unless they are the ones who have to more multimillion-dollar salaries, and We have a lot of work to do. I am op- compete. If you have a public option, administrative costs would be cut. timistic that we can pass good health insurance companies—the President They would be leaner and meaner, a care reform in this country. We know says repeatedly that the whole point of better insurance company as a result. that the first rule of thumb is to make an option is that the public plan will Finally, this bill gives providers new sure that if people are happy with the compete with a private plan, which will tools to improve the way health care is insurance plan they are in, they can keep the private plans more honest. We delivered in this country, with im- keep it. Second, we have to do a better have done that with student loans. Fif- provements that help Americans with job of reining in the costs to many peo- teen years ago, the only game in town chronic conditions manage those con- ple in the health care system—employ- for students, by and large, if they ditions, that can dramatically reduce ers and individual businesses—the em- wanted to borrow money for college, medical errors and overcome unjustifi- ployers, individuals, and government. was to go to a local bank, or another able disparities in health care out- Third, we need to make sure that ev- service, which were all private and un- comes. erybody in this country has access to regulated. President Clinton, in the These reforms draw insight and inspi- health care. mid-1990s, decided maybe we should ration from the work already being I yield the floor, and I suggest the ab- sence of a quorum. have a direct government program so done by dedicated individuals within The PRESIDING OFFICER. The students could borrow directly from our health care system—individuals clerk will call the roll. the Federal Government. Do you know such as Dr. Derek Raghavan, who heads The assistant legislative clerk pro- what happened? The banks brought the Taussig Cancer Center at the ceeded to call the roll. their interest rates down. The banks Cleveland Clinic. He has devoted him- Mr. GREGG. Mr. President, I ask started to provide better service. The self to reducing health disparities. In unanimous consent that the order for banks behaved better. That is analo- Cleveland, he has been instrumental in the quorum call be rescinded. gous to what we will see with the pub- combating significant differences in The PRESIDING OFFICER. Without lic plan. cancer death rates between African objection, it is so ordered. The conservatives in this body, who Americans and Caucasian Americans. Mr. GREGG. Mr. President, I ask are major recipients of insurance com- Dr. Peter Pronovost from Johns Hop- unanimous consent to speak as in pany money for their campaigns, whose kins has a simple checklist for pre- morning business. philosophies are always that business venting hospital infections, which The PRESIDING OFFICER. Without can do it better, the people who have saved 1,500 lives and $100 million over objection, it is so ordered. aligned their political careers with the an 18-month period in the Detroit area THE ECONOMY insurance industry all oppose the pub- hospitals in Michigan. Mr. GREGG. Mr. President, we are, lic option, the public plan. Why? It is In Mansfield, my hometown, the as a nation, facing an incredibly severe simple. It is because insurance compa- community health workers—just high fiscal situation, not only in the short nies will have to cut down their admin- school graduates, and some with only term but in the long term. The debt of istrative costs, maybe even pay lower GED, high school equivalency studies, this country is piling up at astronom- salaries to their top executives. Maybe young women in their early twenties ical rates. We will, this year, have a they will have to change their mar- mostly, making only $11 or $12 an deficit that comes close to $2 trillion— keting practices, be less wasteful, and hour—working with local health care $2 trillion—or 28 percent of our gross maybe they will behave a little better. authorities and doctors and nurses, re- national product. We are talking about In that case, the public option was duced the prevalence of low birth a deficit next year of well over $1 tril- competing with private banks, and ev- weight babies from 22 percent to 8 per- lion. Under the budget sent to us by erybody got better. A public health in- cent over 3 years. These young women the President and approved by this surance option competing with the pri- are only 5 or 6 years older than the Congress—not with my support or vate insurance companies will make pages in front of me. They don’t have many Republicans—I don’t think any everybody get better. That is the whole the opportunities that most of the Republicans supported it—the deficit point. pages have. These are young women will run at $1 trillion a year for as far With private insurance competition, who don’t have parents who went to as the eye can see. when it is just the insurance companies college, who probably weren’t planning The debt of this country will double competing with each other, funny on going to college, and are only mak- in 5 years. It will triple in 10 years. things tend to happen. We see huge sal- ing $11 or $12 an hour—young women Deficits are running at 4 to 5 percent of aries and, second, a huge bureaucracy who grow up in some of the poorest GDP—not only immediately after we in the insurance companies and, third, parts of Mansfield. They have already get past this recessionary period—for, we see all kinds of marketing cam- saved lives because they have made a again, the next 10 years. And the debt- paigns, and we see huge overhead and difference in helping pregnant women to-GDP ratio, which is a test of how administrative costs—sometimes up to get the nutrition they should have, to viable a nation is, will jump to 80 per- 35, 40 percent. learn about taking care of babies, learn cent. We also see that the term ‘‘private about pregnancy, and they can come in Those are numbers which are not sus- insurance competition’’ is often simply to see an OB/GYN doctor. They have al- tainable. Everybody admits they are an oxymoron. In Ohio, the two largest ready had an impact on many lives. I not sustainable. In fact, they are num- insurance companies account for 58 bet that in 5 or 10 years some of these bers that are so devastatingly large percent of the market. I am not a law- young women who didn’t have much of and so unmanageable for our Nation yer, so I didn’t take the antitrust a future because of their upbringing that were we trying to get into the Eu- course. I didn’t go to law school. When will become doctors and nurses because rope Union, we wouldn’t be allowed in.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15373 That is how irresponsible our deficit going over the precipice, kept us from pen. This money that was paid in today and our debt is. They are numbers an economic meltdown of catastrophic to the Treasury should be used imme- which will lead us as a nation to lose proportions, and saved Main Street. diately to pay down the debt, and that the value of our dollar—the value of People on Main Street probably don’t should be announced by the Treasury— our currency—and our ability to fi- appreciate it that much, but essen- or if I were President, I would an- nance our debt. In fact, we are already tially that decision saved folks’ homes, nounce it myself; it is pretty good seeing signs to that effect. The leader- their ability to borrow, to go to school, news. So that is a step in the right di- ship of the Chinese financial systems their ability to borrow to start their rection. Granted, on a $2 trillion def- have made a number of statements business, to meet their payroll, and ba- icit, it is not massive, but it is a state- which basically have said they would sically operate as a typical economy. ment, and a statement is important at not necessarily forever rely on Amer- The idea always was that the TARP this time. And you know, $68 billion is ican Treasury notes and purchase our money would come back to the Federal a lot of money anyway, so it would be notes. And they are financing us right Treasury, the $700 billion worth of a good decision. now. TARP money that was authorized The second thing we should do, and The country of Great Britain, which would come back after the financial we can do, is not allow the war supple- is considered to be the second most sta- situation stabilized. Well, now we are mental—which is an important piece of ble country in the world, has received a starting to see it come back in the first legislation needed to fund our troops— notice from Standard & Poor’s that its tranche—$65 billion plus about $4.5 bil- to be used as a passenger train for un- debt will not necessarily be down- lion of interest. That is pretty good. funded baggage which will pass debt on graded, but it is being taken to nega- We made $4.5 billion in interest—in less to our children on extraneous issues. tive status. than 4 months, by the way. The tax- That is what it is being used for. A leading economist and reviewer of payers did pretty well on this. Last week, the President held a press the bond issues of the United States, as So what are we going to do with that conference at the White House sur- recently as today, has announced that money? Well, I suggest—and the law rounded by the Democratic leadership our triple A rating—triple-A-plus rat- actually states—what should be done of the Congress, and he said we are ing, which is the best in the world—is with that money. We should pay down going to return to pay-go, we are going at risk because of this massive explo- the debt. That is a good way to use this to require that new programs be paid sion in debt. money. The other option is the Treas- for. I applaud that as an attitude and To quote Senator CONRAD, the chair- ury can simply hold on to it in antici- approach. It has not been followed man of the Budget Committee—a per- pation of, potentially, another crisis. around here, but I applaud the fact son I greatly admire on issues of fiscal But that is not necessary. The Treas- that he stated that and he had standing policy—the debt is the threat, and it is. ury still has a line of credit under behind him the Democratic leadership It is a threat to our Nation, it is a TARP which reaches $50 billion to $75 of this Congress when he said that. threat to our young people because billion, depending on how you account Ironically, on the same day, I believe, they will inherit this massive obliga- for it. the House of Representatives passed a tion to pay for costs which are being We know the risks out in the market- bill which increased spending by $1 bil- expended today. place right now are nowhere near that lion which had nothing to do with the There are a lot of reasons why the number, and they are certainly not war, which was not paid for. Therefore, debt is going up radically. Primarily, systemic. Therefore, these TARP dol- it did not meet pay-go but instead cre- though, it is spending. It is quite sim- lars are not needed. They are not need- ated a debt our children will have to ply spending. The spending of the Fed- ed right now or in the foreseeable fu- pay. They stuck that legislation in the eral Government will jump from the ture for the purposes of maintaining fi- war fighting bill so it could not be traditional level of about 20 percent of nancial stability and avoiding a sys- amended and paid for or amended and GDP, which it has been at now for 40 temic meltdown. So it is totally appro- improved. It is called the Cash for years, to 25 to 26 percent of GDP under priate that all that money be used to Clunkers, and it is a clunker of a bill President Obama’s proposal. pay down the debt, or at least a signifi- because it passes on to our children a In the short run, obviously, revenues cant portion. $1 billion price. It is $1 billion of new are a factor because we are in a reces- It would be an extraordinarily posi- debt. sionary period. But in the long run, tive statement by this administration Why would we do that? Cash for what is driving the deficit, what is if they said to the markets and to the Clunkers may be a program that is driving this massive increase of debt, American people: The responsible thing good. Maybe it is a reasonable idea to which will be unsustainable, is spend- to do is to take this money and pay pay for old cars to get them off the ing. down the debt. I think the market road, to put new cars on the road, hope- Well, the Congress has a chance, in would react positively immediately. fully to increase mileage of the auto the next couple days, to do a small but They would say we are serious. I think fleet and also to stimulate the econ- significant part in the way of a public the American people would react posi- omy. That may be a good idea, but it is statement and in the way of a state- tively immediately too. It would be a not a good idea to not pay for that. We ment of policy that we are concerned huge win for this President—the policy have already spent $740 billion on the about the debt. We have a chance to do worked. This President and the prior stimulus package, unpaid for. We have something. This administration has a President, President Bush and Presi- spent $83 billion on the automobile chance to do something. As of today, dent Obama, had the courage to step up buyouts, on the automobile bailout— five banks have repaid large amounts in the face of fairly significant unpaid for. Now to put this extra $1 bil- of their TARP funds. It is estimated we headwinds and make the decision to lion on top of all that just adds insult are going to get about $65 billion of use the TARP money in this way. Now to injury to the next generation and TARP payments back. it has worked, they should use it to pay our children’s children who will have In other words, the way the TARP down the debt and get the double win to pay the price for this. Why should worked during the crisis, which almost of having been able to say what we did our children and our grandchildren led to a fiscal meltdown—the govern- was good policy, it was not popular pol- have to pay the bill for us paying $3,500 ment stepped forward and purchased icy but it was good policy, it worked to to somebody to buy their car today? preferred stock from a variety of major stabilize the financial institutions, and How fiscally irresponsible is that? It is banks in this country. That preferred what we are doing now to pay down the especially fiscally irresponsible when stock paid dividends to the taxpayers. debt is also good policy and it is what you realize it is done in the context It was an asset, and it was a good deci- the law calls for in the end. and on the same day, I believe, as the sion. It stabilized the financial indus- That is the first thing that could President announcing that we are try. The TARP funds kept us from happen right now, and it should hap- going to go back to pay-go principles

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15374 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 around here where we actually pay for that passes massive debt on to our chil- But the reality is we are in a crisis, new programs we put on the books. But dren. It is a chance to make a $1 billion not just in my State but all across the in order to avoid that, in order to avoid statement that we are going to start country and, frankly, around the world what they had just signed onto, the getting serious about the debt around when we look at what has been hap- congressional Democratic leadership here. pening to small businesses and commu- down at the White House, standing be- I hope I will be joined in this point of nities across America. I know what hind the President and cheering when order by my colleagues who are inter- this feels like. My father and grand- he said we are going back to pay-go, ested in the integrity of the pay-go father had the Oldsmobile dealership in stuck this language in the war supple- process and in not passing on to our the small town where I grew up in mental. kids a $1 billion bill they do not de- northern Michigan. When I grew up, That is an insult to our troops. In serve. the first job I had was washing cars on order to fund our troops, they have to I make a point of order that a the car lot. I know what has happened take along with them $1 billion of new quorum is not present and yield the to small businesses across America debt, passed on to their children. Many floor. right now that have played by the rules of these extraordinary people who are The PRESIDING OFFICER. The and, through no fault of their own, find fighting for us have children. Is it right clerk will call the roll. themselves in a very difficult cir- that in order to get them the adequate The bill clerk proceeded to call the cumstance. resources they need to fight this war, roll. We have a small provision that has we should send their children a bill for Ms. STABENOW. Mr. President, I ask been given a lot of different names. One $1 billion so we get a public policy that unanimous consent that the order for version of it has been called cash for we can go back to our automobile deal- the quorum call be rescinded. clunkers. It is based on a bill on which ers with and say: Hurray, we got you The PRESIDING OFFICER (Mr. BEN- I was proud to join with House Mem- this $1 billion of spending. Of course NET). Without objection, it is so or- bers that is called Drive America For- not. That is not right, it is not fair, it dered. ward. But it would incentivize people is not appropriate. Ms. STABENOW. I ask unanimous to go into these small dealerships Okay, Cash for Clunkers may make consent to speak as in morning busi- across America and give them an op- sense if it is paid for. The way it was ness. portunity, an incentive, or support to structured, it cannot be paid for. You The PRESIDING OFFICER. Without be able to buy a new car. cannot amend this bill in its present objection, it is so ordered. Why is this important? Well, we have form, and therefore, if it passes with CASH FOR CLUNKERS seen from January to May of this year, the Cash for Clunkers in it, a $1 billion Ms. STABENOW. Mr. President, I compared to January to May of last price tag in it, we basically pass that come to the floor to respond to my year, across-the-board reductions in debt on to our children. friend, the distinguished ranking mem- auto sales: 41.8 percent for GM; 39 per- I will at the appropriate time offer an ber on the Budget Committee, who just cent for Toyota; 36.8 for Ford; Chrysler, amendment which will essentially be a spoke a moment ago about the supple- 46.3 percent; Honda, 34.4 percent. It is pay-go amendment. It will be a point of mental and one provision, a very small pretty rough if you are an auto dealer order that says essentially—it will not provision, in this very large bill. I hope and you see your sales going down be under pay-go because if I did that it that when there is an effort to waive month after month—30 percent, 40 per- might bring the whole bill down and I all the budget points of order, col- cent—to be able to make the payroll have no interest in bringing the whole leagues will support doing that while every week for your employees. It is bill down—it will be a targeted point of remembering thousands of small pretty tough to do that. order which will essentially be a pay-go businesspeople across this country who Around the world, we have seen ef- point of order. Anybody voting against are asking that we support them at forts to help automakers, to help auto this point of order will be voting this time of real crisis as it relates to dealers, to help communities, to help against pay-go, which will say this lan- automobile sales, not just in the middle-class consumers and those who guage, which is unpaid for, this $1 bil- United States but all across the world. want to be able to purchase a vehicle lion, should not stay in this bill in this We have a global crisis right now. We to be able to do that. form. Does that mean this bill goes know in our credit markets it has re- Our dealers, on average, employ 53 down? No. You will hear a lot of moan- sulted in people not being able to come people each, over 116,000 people di- ing going around saying this will de- in and buy an automobile. It is com- rectly. That is the entire combined stroy the bill. No, it will not. This bill pounded by the huge losses in jobs that workforce of GM and Chrysler to- can be sent back to the House and we have seen where people cannot af- gether. We are talking about a large passed without the Cash for Clunkers ford to come in and buy a new auto- number of people who have come in a language in it, unpaid for, or it could mobile. number of ways to ask us to help them. be sent back to the House and they can My colleague spoke about small but This is one opportunity. This is it. This put back in the Cash for Clunkers lan- symbolic measures. I would hope that is what is in front of us. guage, paid for. It can all happen with- our colleagues, who I know care deeply We know how hard it is to move leg- in about a 6-hour day, 6-hour legisla- about dealers—we have heard this from islation through the House and the tive day, maybe even less. Maybe even Republican and Democratic colleagues; Senate. We are the last place, the last a half hour, knowing the rapidity of we have had bills held up on the floor vote standing between helping the the Rules Committee in the House. to work on efforts that I was proud to dealers of America and turning our It seems this will be one of the first join in helping our auto dealers. backs on them. This is the last vote. tests of whether we as a Congress mean I would certainly hope that col- This is the one vote as to whether we what we say. Do we mean that when we leagues would not decide for sym- are going to be able to step forward and say we are not going to create a new bolism to focus on what is less than 1 be able to help them. program that we are not going to pay percent of this supplemental—less than Every other industrialized country, for, we actually will stand behind those 1 percent of the supplemental—focused small and large, understands what has words? This should be an easy one for on helping America’s auto dealers at been happening, and they are fighting us because this plan can be paid for this critical time. In terms of this sup- for their middle class. They are fight- rather easily by moving money around plemental, it is a very small amount of ing for their jobs. They are looking for in the original stimulus package. It is money. It has received a lot of focus every class they can to help. fairly obvious this plan should not be from a lot of concerns, which I appre- The question is, Will we? Germany in the war supplemental to begin with, ciate, on how things are written or how began a program similar to the one but if it is going to be in the war sup- colleagues would do things differently. that we are talking about that is fund- plemental, it should not be in the form I appreciate that. ed through this bill in January. By the

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15375 end of the first month, sales were up 21 work on this matter. I want to thank So we are talking about older vehi- percent, 21 percent. That is money in Congressmen MARKEY and WAXMAN and cles worth $4,500 or less, the polluting the pockets of small businesses and STUPAK and DINGELL and BOUCHER and pieces of the automobile are scrapped, large dealerships. Across Germany it others who were involved in putting and then we are talking about the abil- was so successful they extended it and this together and putting it into the ity to purchase a vehicle that is more had sales continue to go up as a result. energy and climate change legislation fuel efficient. In the case of auto- When our auto sales were going down reported out of the Energy Committee mobiles, you need a minimum fuel 41 percent, Germany’s—during the in the House of Representatives. economy of 22 miles per gallon or more, same period—went up 21 percent be- I thank every one of the 298 Members you get a $3,500 voucher for a 4-mile- cause they said: You know what. We of the House on a bipartisan basis. Over per-gallon improvement, and a $4,500 have to stop the bottom from falling two-thirds of the House of Representa- voucher if the new vehicle you pur- out of this. It is too important for our tives voted for this legislation, and it chase is 10 miles per gallon or more economy. We want to do something was put into the supplemental in an fuel efficient. about it. And they did. Now similar emergency document, an emergency So there is a benefit from a fuel effi- programs exist in a number of coun- piece of legislation. It was put in there ciency standpoint. There is benefit. I tries: China, Japan, Korea, Brazil, because of what has happened with the appreciate that for some it is not Great Britain, Spain, France, Italy, bottom falling out of the economy for enough. I do appreciate that. There are Australia, Portugal, Romania, and Slo- dealers, dealers that have found them- those who would like to see something different, and certainly we will have vakia—Slovakia. If Slovakia can help selves in very difficult circumstances opportunities to continue to work to- their auto industry and their car deal- because of bankruptcies, and dealers that are trying to move forward and gether in that regard. ers, I think the United States of Amer- But I go back to my original premise. trying to be able to survive during this ica ought to be able to step up and At this time, in our economy, at this economy. help. time with what has been happening on This is a small effort, a few months, I know there are colleagues who unemployment, what has been hap- to give a boost, a stimulus, to a group would like to see this have more en- pening to businesses, large and small, ergy efficiency provisions. I believe in of small businesses, an industry that because they cannot get capital, be- the context of what we do going for- has been talked about on the floor cause of the ripple effect in the auto in- many times and that we need to care ward in the energy bill and climate dustry, of what is happening to sup- about. This particular program is not change we can work together to fash- pliers, to dealers, to anyone involved in only supported by Ford and domestic ion something that has a focus, an this industry—and 1 out of every 10 auto companies, but it is also, of input, from everyone who cares deeply persons in America is in some way re- course, supported by the National Auto about these issues. lated to the auto industry—at this Dealers very strongly, the United Auto At this time and place, this legisla- time we need to be prudent and balance Workers, the National Association of tion is a balance between those of us what we are doing in a way that makes Manufacturers, the Steel Workers, the who are concerned about an immediate sure that all parts of the auto industry, Automotive Recyclers Association, the stimulus while meeting the needs and domestic and foreign, can participate Specialty Equipment Market Associa- concerns about increased fuel effi- and that we are doing this as quickly tion, the Motor and Equipment Manu- ciency. We are making amazing strides as possible. It will not help as a stim- facturers Association, the AFL–CIO, on fuel efficiency. The President of the ulus if this is done 6 months or a year the Business Roundtable, and the U.S. United States, not long ago, announced from now. Chamber of Commerce. increased fuel efficiency standards. No I don’t know how much longer the All have come together to ask us to one in the industry objected. I did not car dealers in Clare, MI, where I grew do something and to support this ef- hear objections. I certainly did not ob- up, can hold on, if they are losing 40 fort. We are now at a point where we ject. This is not about whether we need percent a month in sales. I don’t know have to decide if we want to help. It is to increase fuel efficiency. We do and how much longer they can hold on. I not just about the automakers. You we are. We will continue to do that. don’t know what happens to the Chrys- know, we know that help—and a lot of This bill, while being a short-term ler dealer and the GM dealer trying to it—is going to GM and Chrysler, and stimulus, also helps in that regard be- turn over inventory now as they wind those of us who represent them appre- cause it will give a voucher of either down. I don’t know what happens. But ciate that very much. But this is much $3,500 or $4,500 toward the purchase of a I do know we will see more dealerships broader than that. This is all kinds of new, more fuel-efficient vehicle. close. We will see more people lose dealers, all kinds of automakers. Not When you look at your own home sit- their jobs. We are going to see more only those who work in the plants, uation, anyone who is going to want to mainstays of local communities find- whom I care about deeply, but it is peo- be a part of this is going to make sure ing they cannot make it. ple who work in offices, the engineers, their car, that automobile, is worth This is the moment. We won’t get an- the designers. This is an economic tsu- $3,500 or less or $4,500 or less. Someone other chance. We will not get another nami that has hit every part of the is not going to turn in a $15,000 used ve- chance. This is the moment to help. We economy when we look at this entire hicle to get a $4,500 voucher. have other opportunities to work to- industry: the clerks, the office man- So, by definition, we are talking gether on other policies. I say to my agers, the sales people, the mechanics, about older cars. Some people have colleagues on both sides of the aisle, the car washers, up and down. said ‘‘clunkers,’’ and people have kind for all of the dealers who have been The global credit crunch has had a of thrown that around, and ‘‘what does calling and asking for help, this is the devastating effect on everyone in our all of this mean’’? moment. This is the vote. There won’t economy who relies on the sale of auto- But we are not talking about a $50,000 be a second vote. So when you go mobiles: Printers, advertisers, local vehicle with a resale value of $20,000 or home, think about what you want to newspapers, television stations, radio $15,000. We are talking about older ve- say to the small business people, the stations. They are all asking us to act. hicles that are worth $4,500 or less. auto dealers, office managers, mechan- This is a reasonable, focused, short- The legislation requires, as has been ics, people who are involved in that term effort to help those who have done in other countries, when you turn business in your community, when you been having an extremely difficult it in, that the engine is scrapped, the had a chance to help. I hope we will time just holding their heads above parts of it that we do not want to con- take it. I hope we will take it as the water. We know this effort can make a tinue to use—because of the lack of House did. I hope we will see over- difference. fuel efficiency—are scrapped. We can whelming bipartisan support, as we I thank our House colleagues who recycle some of the other parts, but the saw in the House of Representatives for have done a tremendous amount of basic transmission system is scrapped. this particular policy.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15376 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 I strongly urge colleagues to vote to section, and shall have the powers conferred contrary, no member of the board may be override the budget points of order. All upon a nonprofit corporation by that Act to considered to be a Federal employee of the of them will be asked to be overridden. carry out its purposes and activities. United States by virtue of his or her service I encourage colleagues to do that. I (b) BOARD OF DIRECTORS.— as a member of the board. (1) IN GENERAL.—The Corporation shall (8) COMPENSATION; EXPENSES.—No member hope we will show that we get it. Do we have a board of directors of 11 members with shall receive any compensation from the get what is going on in communities knowledge of international travel promotion Federal government for serving on the across America? This vote will say and marketing, broadly representing various Board. Each member of the Board shall be whether we get what is happening and regions of the United States, who are United paid actual travel expenses and per diem in have a sense of urgency about stepping States citizens. Members of the board shall lieu of subsistence expenses when away from up to help. be appointed by the Secretary of Commerce his or her usual place of residence, in accord- I suggest the absence of a quorum. (after consultation with the Secretary of ance with section 5703 of title 5, United The PRESIDING OFFICER. The Homeland Security and the Secretary of States Code. State), as follows: (c) OFFICERS AND EMPLOYEES.— clerk will call the roll. (A) 1 shall have appropriate expertise and (1) IN GENERAL.—The Corporation shall The legislative clerk proceeded to experience in the hotel accommodations sec- have ø a President¿, an executive director and call the roll. tor; such other officers as may be named and ap- Mr. REID. Mr. President, I ask unan- (B) 1 shall have appropriate expertise and pointed by the board for terms and at rates imous consent that the order for the experience in the restaurant sector; of compensation fixed by the board. No indi- quorum call be rescinded. (C) 1 shall have appropriate expertise and vidual other than a citizen of the United The PRESIDING OFFICER (Mr. experience in the small business or retail States may be an officer of the Corporation. sector or in associations representing that The Corporation may hire and fix the com- BEGICH). Without objection, it is so or- sector; pensation of such employees as may be nec- dered. (D) 1 shall have appropriate expertise and essary to carry out its purposes. No officer or f experience in the øadvertising¿ travel dis- employee of the Corporation may receive TRAVEL PROMOTION ACT OF 2009 tribution services sector; any salary or other compensation (except for (E) 1 shall have appropriate expertise and compensation for services on boards of direc- Mr. REID. Mr. President, it is my un- experience in the attractions or recreations tors of other organizations that do not re- derstanding there is a bill to be re- sector; ceive funds from the Corporation, on com- ported, Mr. President. (F) 1 shall have appropriate expertise and mittees of such boards, and in similar activi- The PRESIDING OFFICER. That is experience as officials of a city convention ties for such organizations) from any sources correct. and visitors’ bureau; other than the Corporation for services ren- All postcloture time on the motion (G) 2 shall have appropriate expertise and dered during the period of his or her employ- experience as officials of a State tourism of- ment by the Corporation. Service by any of- to proceed having expired, the question fice; ficer on boards of directors of other organiza- is on agreeing to the motion. (H) 1 shall have appropriate expertise and tions, on committees of such boards, and in The motion was agreed to. experience in the passenger air sector; similar activities for such organizations The PRESIDING OFFICER. The (I) 1 shall have appropriate expertise and shall be subject to annual advance approval clerk will state the bill by title. experience in immigration law and policy, by the board and subject to the provisions of The assistant legislative clerk read including visa requirements and United the Corporation’s Statement of Ethical Con- as follows: States entry procedures; and duct. All officers and employees shall serve (J) 1 shall have appropriate expertise in at the pleasure of the board. A bill (S. 1023) to establish a non-profit the intercity passenger railroad business. (2) NONPOLITICAL NATURE OF APPOINT- corporation to communicate United States (2) INCORPORATION.—The members of the MENT.—No political test or qualification entry policies and otherwise promote leisure, initial board of directors shall serve as shall be used in selecting, appointing, pro- business, and scholarly travel to the United incorporators and shall take whatever ac- moting, or taking other personnel actions States. Thereupon, the Senate proceeded to tions are necessary to establish the Corpora- with respect to officers, agents, or employees consider the bill, which had been reported tion under the District of Columbia Non- of the Corporation. from the Committee on Commerce, Science, profit Corporation Act (D.C. Code, section (d) NONPROFIT AND NONPOLITICAL NATURE and Transportation, with amendments, as ø29–1001¿ 29–301.01 et seq.). OF CORPORATION.— follows: (3) TERM OF OFFICE.—The term of office of (1) STOCK.—The Corporation shall have no (The parts of the bill intended to be each member of the board appointed by the power to issue any shares of stock, or to de- stricken are shown in boldface brack- Secretary shall be 3 years, except that, of clare or pay any dividends. ets, and the parts of the bill intended the members first appointed— (2) PROFIT.—No part of the income or as- to be inserted are shown in italics.) (A) 3 shall be appointed for terms of 1 year; sets of the Corporation shall inure to the Be it enacted by the Senate and House of Rep- (B) 4 shall be appointed for terms of 2 benefit of any director, officer, employee, or resentatives of the United States of America in years; and any other individual except as salary or rea- Congress assembled, (C) 4 shall be appointed for terms of 3 sonable compensation for services. years. (3) POLITICS.—The Corporation may not SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (4) REMOVAL FOR CAUSE.—The Secretary of contribute to or otherwise support any polit- (a) SHORT TITLE.—This Act may be cited as Commerce may remove any member of the ical party or candidate for elective public of- the ‘‘Travel Promotion Act of 2009’’. board for good cause. fice. (b) TABLE OF CONTENTS.—The table of con- (5) VACANCIES.—Any vacancy in the board (4) SENSE OF CONGRESS REGARDING LOBBYING tents for this Act is as follows: shall not affect its power, but shall be filled ACTIVITIES.—It is the sense of Congress that Sec. 1. Short title; table of contents. in the manner required by this section. Any the Corporation should not engage in lob- Sec. 2. The Corporation for Travel Pro- member whose term has expired may serve bying activities (as defined in section 3(7) of motion. until the member’s successor has taken of- the Lobbying Disclosure Act of 1995 (5 U.S.C. Sec. 3. Accountability measures. fice, or until the end of the calendar year in 1602(7)). Sec. 4. Matching public and private funding. which the member’s term has expired, which- (e) DUTIES AND POWERS.— Sec. 5. Travel promotion fund fees. ever is earlier. Any member appointed to fill (1) IN GENERAL.—The Corporation shall de- Sec. 6. Assessment authority. a vacancy occurring prior to the expiration velop and execute a plan— Sec. 7. Office of Travel Promotion. of the term for which that member’s prede- (A) to provide useful information to for- Sec. 8. Research program. cessor was appointed shall be appointed for eign tourists, business people, students, SEC. 2. THE CORPORATION FOR TRAVEL PRO- the remainder of the predecessor’s term. No scholars, scientists, and others interested in MOTION. member of the board shall be eligible to travelling to the United States, including (a) ESTABLISHMENT.—The Corporation for serve more than 2 consecutive full 3-year the distribution of material provided by the Travel Promotion is established as a non- terms. Federal government concerning entry re- profit corporation. The Corporation shall not (6) ELECTION OF CHAIRMAN AND VICE CHAIR- quirements, required documentation, fees, be an agency or establishment of the United MAN.—Members of the board shall annually processes, and information concerning de- States Government. The Corporation shall elect one of the members to be Chairman and clared public health emergencies, to prospec- be subject to the provisions of the District of elect 1 or 2 of the members as Vice Chairman tive travelers, travel agents, tour operators, Columbia Nonprofit Corporation Act (D.C. or Vice Chairmen. meeting planners, foreign governments, Code, section 29–1001 et seq.), to the extent (7) STATUS AS FEDERAL EMPLOYEES.—Not- travel media and other international stake- that such provisions are consistent with this withstanding any provision of law to the holders;

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(B) to identify, counter, and correct (4) PROGRAM AUDITS.—Not later than 2 from fees under section 217(h)(3)(B)(i)(I) of misperceptions regarding United States years after the date of enactment of this the Immigration and Nationality Act (8 entry policies around the world; Act, the Comptroller General shall conduct a U.S.C. 1187(h)(3)(B)(i)(I)) to cover the Cor- (C) to maximize the economic and diplo- review of the programmatic activities of the poration’s initial expenses and activities matic benefits of travel to the United States Corporation for Travel Promotion. This re- under this Act. by promoting the United States of America port shall be provided to appropriate con- ø(2) FISCAL YEAR 2010 AND SUBSEQUENT to world travelers through the use of, but gressional committees. YEARS.—For the period beginning on January not limited to, all forms of advertising, out- SEC. 3. ACCOUNTABILITY MEASURES. 1, 2010, and ending on September 30, 2010, and reach to trade shows, and other appropriate (a) OBJECTIVES.—The Board shall establish for each of fiscal years 2011 through 2014, promotional activities; annual objectives for the Corporation for from amounts deposited in the general fund (D) to ensure that international travel ben- each fiscal year subject to approval by the of the Treasury during the preceding fiscal efits all States and the District of Columbia Secretary of Commerce (after consultation year from fees under section 217(h)(3)(B)(i)(I) and to identify opportunities and strategies with the Secretary of Homeland Security of the Immigration and Nationality Act (8 to promote tourism to rural and urban areas and the Secretary of State). The Corporation U.S.C. 1187(h)(3)(B)(i)(I)), the Secretary of equally, including areas not traditionally shall establish a marketing plan for each fis- the Treasury shall transfer not more than visited by international travelers; and cal year not less than 60 days before the be- $100,000,000 to the Fund, which shall be made (E) to give priority to the Corporation’s ef- ginning of that year and provide a copy of available to the Corporation, subject to sub- forts with respect to countries and popu- the plan, and any revisions thereof, to the sections (c) and (d) of this section, to carry lations most likely to travel to the United Secretary. out its functions under this Act. Transfers States. (b) BUDGET.—The board shall transmit a shall be made at least quarterly on the basis (2) SPECIFIC POWERS.—In order to carry out copy of the Corporation’s budget for the of estimates by the Secretary of the Treas- the purposes of this section, the Corporation forthcoming fiscal year to the Secretary not ury of the amounts required to be trans- may— less than 60 days before the beginning of ferred in accordance with subsection (c), and (A) obtain grants from and make contracts each fiscal year, together with an expla- proper adjustments shall be made in with individuals and private companies, nation of any expenditure provided for by amounts subsequently transferred to the ex- State, and Federal agencies, organizations, the budget in excess of $5,000,000 for the fis- tent prior estimates were in excess or less and institutions; cal year. The Corporation shall make a copy than the amounts required to be transferred. (B) hire or accept the voluntary services of of the budget and the explanation available ø(c) MATCHING REQUIREMENT.— consultants, experts, advisory boards, and to the public and shall provide public access ø(1) IN GENERAL.—The Secretary of the panels to aid the Corporation in carrying out to the budget and explanation on the Cor- Treasury shall make available to the Cor- its purposes; and poration’s website. poration at least quarterly from amounts (C) take such other actions as may be nec- (c) ANNUAL REPORT TO CONGRESS.—The available in the Fund for the period begin- essary to accomplish the purposes set forth Corporation shall submit an annual report ning on January 1, 2010, and ending on Sep- in this section. for the preceding fiscal year to the Secretary tember 30, 2010, and for each of fiscal years (3) PUBLIC OUTREACH AND INFORMATION.— of Commerce for transmittal to the Congress 2011, 2012, 2013, and 2014, an amount equal to The Corporation shall develop and maintain on or before the 15th day of May of each the amount received from non-Federal a publicly accessible website. year. The report shall include— sources by the Corporation. The amount (f) OPEN MEETINGS.—Meetings of the board (1) a comprehensive and detailed report of made available to the Corporation under this of directors of the Corporation, including the Corporation’s operations, activities, fi- paragraph for the period ending on Sep- any committee of the board, shall be open to nancial condition, and accomplishments tember 30, 2010, and for each of those fiscal the public. The board may, by majority vote, years, may not exceed $100,000,000.¿ close any such meeting only for the time under this Act; (1) START-UP EXPENSES.—For fiscal year 2010, necessary to preserve the confidentiality of (2) a comprehensive and detailed inventory the Secretary of the Treasury shall make avail- commercial or financial information that is of amounts obligated or expended by the Cor- able to the Corporation such sums as may be privileged or confidential, to discuss per- poration during the preceding fiscal year; sonnel matters, or to discuss legal matters (3) a detailed description of each in-kind necessary, but not to exceed $10,000,000, from affecting the Corporation, including pending contribution, its fair market value, the indi- amounts deposited in the general fund of the or potential litigation. vidual or organization responsible for con- Treasury from fees under section (g) MAJOR CAMPAIGNS.—The board may not tributing, its specific use, and a justification 217(h)(3)(B)(i)(I) of the Immigration and Na- authorize the Corporation to obligate or ex- for its use within the context of the Corpora- tionality Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) to pend more than $25,000,000 on any advertising tion’s mission; cover the Corporation’s initial expenses and ac- campaign, promotion, or related effort un- (4) an objective and quantifiable measure- tivities under this Act. Transfers shall be made less— ment of its progress, on an objective-by-ob- at least quarterly, beginning on October 1, 2009, (1) the obligation or expenditure is ap- jective basis, in meeting the objectives es- on the basis of estimates by the Secretary, and proved by an affirmative vote of at least 2⁄3 of tablished by the board; proper adjustments shall be made in amounts the members of the board present at the (5) an explanation of the reason for any subsequently transferred to the extent prior esti- meeting; failure to achieve an objective established by mates were in excess or less than the amounts (2) at least 6 members of the board are the board and any revisions or alterations to required to be transferred. present at the meeting at which it is ap- the Corporation’s objectives under sub- (2) SUBSEQUENT YEARS.—For each of fiscal proved; and section (a); years 2011 through 2014, from amounts deposited (3) each member of the board has been (6) a comprehensive and detailed report of in the general fund of the Treasury during the given at least 3 days advance notice of the the Corporation’s operations and activities preceding fiscal year from fees under section meeting at which the vote is to be taken and to promote tourism in rural and urban areas; 217(h)(3)(B)(i)(I) of the Immigration and Na- the matters to be voted upon at that meet- and tionality Act (8 U.S.C. 1187(h)(B)(i)(I)), the Sec- ing. (7) such recommendations as the Corpora- retary of the Treasury shall transfer not more (h) FISCAL ACCOUNTABILITY.— tion deems appropriate. than $100,000,000 to the Fund, which shall be (1) FISCAL YEAR.—The Corporation shall es- (d) LIMITATION ON USE OF FUNDS.—Amounts made available to the Corporation, subject to tablish as its fiscal year the 12-month period deposited in the Fund may not be used for any subsection (c) of this section, to carry out its beginning on October 1. purpose inconsistent with carrying out the ob- functions under this Act. Transfers shall be (2) BUDGET.—The Corporation shall adopt a jectives, budget, and report described in this sec- made at least quarterly on the basis of estimates budget for each fiscal year. tion. by the Secretary, and proper adjustments shall (3) ANNUAL AUDITS.—The Corporation shall SEC. 4. MATCHING PUBLIC AND PRIVATE FUND- be made in amounts subsequently transferred to engage an independent accounting firm to ING. the extent prior estimates were in excess or less conduct an annual financial audit of the Cor- (a) ESTABLISHMENT OF TRAVEL PROMOTION than the amounts required to be transferred. poration’s operations and shall publish the FUND.—There is hereby established in the (c) MATCHING REQUIREMENT.— results of the audit. The Comptroller Gen- Treasury a fund which shall be known as the (1) IN GENERAL.—No amounts may be made eral of the United States may review any Travel Promotion Fund. available to the Corporation under this section audit of a financial statement conducted (b) FUNDING.— after fiscal year 2010, except to the extent that— under this subsection by an independent ac- ø(1) START-UP EXPENSES.—For the period (A) for fiscal year 2011, the Corporation pro- counting firm and may audit the Corpora- beginning on October 1, 2009, and ending on vides matching amounts from non-Federal tion’s operations at the discretion of the December 31, 2009, the Secretary of the sources equal in the aggregate to 50 percent or Comptroller General. The Comptroller Gen- Treasury shall make available to the Cor- more of the amount transferred to the Fund eral and the Congress shall have full and com- poration such sums as may be necessary, but under subsection (b); and plete access to the books and records of the not to exceed $10,000,000, from amounts de- (B) for any fiscal year after fiscal year 2011, Corporation. posited in the general fund of the Treasury the Corporation provides matching amounts

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 6333 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15378 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 from non-Federal sources equal in the aggregate Travel and Tourism Promotion Act at no ‘‘(2) work with the Corporation, the Sec- to 100 percent of the amount transferred to the greater, in the aggregate, than $20,000,000. retary of State and the Secretary of Home- Fund under subsection (b) for the fiscal year. (c) REFERENDA.— land Security— (2) GOODS AND SERVICES.—For the purpose (1) IN GENERAL.—The Corporation may not ‘‘(A) to disseminate information more ef- of determining the amount received from impose an annual assessment unless— fectively to potential international visitors non-Federal sources by the Corporation, (A) the Corporation submits the proposed about documentation and procedures re- other than money— annual assessment to members of the indus- quired for admission to the United States as (A) the fair market value of goods and try in a referendum; and a visitor; services (including advertising) contributed (B) the assessment is approved by a major- ‘‘(B) to ensure that arriving international to the Corporation for use under this Act ity of those voting in the referendum. visitors are generally welcomed with accu- may be included in the determination; but (3) PROCEDURAL REQUIREMENTS.—In con- rate information and in an inviting manner; (B) the fair market value of such goods and ducting a referendum under this subsection, ‘‘(C) to collect accurate data on the total services may not account for more than 80 the Corporation shall— number of international visitors that visit percent of the matching requirement under (A) provide written or electronic notice not each State; and paragraph (1) for the Corporation in any fis- less than 60 days before the date of the ref- ‘‘(D) enhance the entry and departure expe- cal year. erendum; rience for international visitors through the (3) RIGHT OF REFUSAL.—The Corporation (B) describe the proposed assessment or in- use of advertising, signage, and customer may decline to accept any contribution in- crease and explain the reasons for the ref- service; and kind that it determines to be inappropriate, erendum in the notice; and ‘‘(3) support State, regional, and private not useful, or commercially worthless. (C) determine the results of the referendum sector initiatives to promote travel to and (4) LIMITATION.—The Corporation may not on the basis of weighted voting apportioned within the United States. obligate or expend funds in excess of the according to each business entity’s relative ‘‘(d) REPORTS TO CONGRESS.—Within a year total amount received by the Corporation for share of the aggregate annual United States after the date of enactment of the Travel a fiscal year from Federal and non-Federal international travel and tourism revenue for Promotion Act of 2009, and periodically sources. the industry per business entity, treating all thereafter as appropriate, the Secretary (d) CARRYFORWARD.— related entities as a single entity. shall transmit a report to the Senate Com- (1) FEDERAL FUNDS.—Amounts transferred (d) COLLECTION.— mittee on Commerce, Science, and Transpor- to the Fund under subsection (b)(2) shall re- (1) IN GENERAL.—The Corporation shall es- tation, the Senate Committee on Homeland main available until expended. tablish a means of collecting the assessment Security and Government Affairs, the Senate (2) MATCHING FUNDS.—Any amount received that it finds to be efficient and effective. The Committee on Foreign Relations, the House by the Corporation from non-Federal sources Corporation may establish a late payment of Representatives Committee on Energy and in fiscal year 2010, 2011, 2012, 2013, or 2014 that charge and rate of interest to be imposed on Commerce, the House of Representatives cannot be used to meet the matching re- any person who fails to remit or pay to the Committee on Homeland Security, and the quirement under subsection (c)(1) for the fis- Corporation any amount assessed by the Cor- House of Representatives Committee on For- cal year in which amount was collected may poration under this Act. eign Affairs describing the Office’s work with the Corporation, the Secretary of State and be carried forward and treated as having (2) ENFORCEMENT.—The Corporation may been received in the succeeding fiscal year bring suit in Federal court to compel compli- the Secretary of Homeland Security to carry for purposes of meeting the matching re- ance with an assessment levied by the Cor- out subsection (c)(2).’’. quirement of subsection (c)(1) in such suc- poration under this Act. SEC. 8. RESEARCH PROGRAM. Title II of the International Travel Act of ceeding fiscal year. (e) INVESTMENT OF FUNDS.—Pending dis- 1961 (22 U.S.C. 2121 et seq.), as amended by SEC. 5. TRAVEL PROMOTION FUND FEES. bursement pursuant to a program, plan, or section 7, is further amended by inserting Section 217(h)(3)(B) of the Immigration and project, the Corporation may invest funds after section 202 the following: Nationality Act (8 U.S.C. 1187(h)(3)(B)) is collected through assessments, and any amended to read as follows: other funds received by the Corporation, ‘‘SEC. 203. RESEARCH PROGRAM. ‘‘(B) FEES.— only in obligations of the United States or ‘‘(a) IN GENERAL.—The Office of Travel and Tourism Industries shall expand and con- ‘‘(i) IN GENERAL.—No later than September any agency thereof, in general obligations of tinue its research and development activities 30, 2009, the Secretary of Homeland Security any State or any political subdivision there- in connection with the promotion of inter- shall establish a fee for the use of the Sys- of, in any interest-bearing account or certifi- national travel to the United States, includ- tem and begin assessment and collection of cate of deposit of a bank that is a member of ing— that fee. The initial fee shall be the sum of— the Federal Reserve System, or in obliga- ‘‘(1) expanding access to the official Mexi- ‘‘(I) $10 per travel authorization; and tions fully guaranteed as to principal and in- can travel surveys data to provide the States ‘‘(II) an amount that will at least ensure terest by the United States. recovery of the full costs of providing and with traveler characteristics and visitation SEC. 7. OFFICE OF TRAVEL PROMOTION. administering the System, as determined by estimates for targeted marketing programs; the Secretary. Title II of the International Travel Act of ‘‘(2) expanding the number of inbound air 1961 (22 U.S.C. 2121 et seq.) is amended by in- ‘‘(ii) DISPOSITION OF AMOUNTS COLLECTED.— travelers sampled by the Commerce Depart- Amounts collected under clause (i)(I) shall serting after section 201 the following: ment’s Survey of International Travelers to be credited to the Travel Promotion Fund es- ‘‘SEC. 202. OFFICE OF TRAVEL PROMOTION. reach a 1 percent sample size and revising tablished by section 4 of the Travel Pro- ‘‘(a) OFFICE ESTABLISHED.—There is estab- the design and format of questionnaires to motion Act of 2009. Amounts collected under lished within the Department of Commerce accommodate a new survey instrument, im- clause (i)(II) shall be transferred to the gen- an office to be known as the Office of Travel prove response rates to at least double the eral fund of the Treasury and made available Promotion. number of States and cities with reliable to pay the costs incurred to administer the ‘‘(b) DIRECTOR.— international visitor estimates and improve System. ‘‘(1) APPOINTMENT.—The Office shall be market coverage; ‘‘(iii) SUNSET OF TRAVEL PROMOTION FUND headed by a Director who shall be appointed ‘‘(3) developing estimates of international FEE.—The Secretary may not collect the fee by the Secretary. travel exports (expenditures) on a State-by- authorized by clause (i)(I) for fiscal years be- ‘‘(2) QUALIFICATIONS.—The Director shall State basis to enable each State to compare ginning after September 30, 2014.’’. be a citizen of the United States and have ex- its comparative position to national totals SEC. 6. ASSESSMENT AUTHORITY. perience in a field directly related to the and other States; (a) IN GENERAL.—Except as otherwise pro- promotion of travel to and within the United ‘‘(4) evaluate the success of the Corpora- vided in this section, the Corporation may States. tion in achieving its objectives and carrying impose an annual assessment on United ‘‘(3) DUTIES.—The Director shall be respon- out the purposes of the Travel Promotion States members of the international travel sible for ensuring the office is carrying out Act of 2009; and and tourism industry (other than those de- its functions effectively and shall report to ‘‘(5) research to support the annual reports scribed in section 2(b)(1)(C) or (H)) rep- the Secretary. required by section 202(d) of this Act. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— resented on the Board in proportion to their ‘‘(c) FUNCTIONS.—The Office shall— There are authorized to be appropriated to share of the aggregate international travel ‘‘(1) serve as liaison to the Corporation for the Secretary of Commerce for fiscal years and tourism revenue of the industry. The Travel Promotion established by section 2 of 2010 through 2014 such sums as may be nec- Corporation shall be responsible for the Travel Promotion Act of 2009 and sup- essary to carry out this section.’’. verifying, implementing, and collecting the port and encourage the development of pro- assessment authorized by this section. grams to increase the number of inter- Ms. SNOWE. Mr. President, my (b) INITIAL ASSESSMENT LIMITED.—The Cor- national visitors to the United States for amendment, No. 1336, would provide poration may establish the initial assess- business, leisure, educational, medical, ex- improved and expanded opportunities ment after the date of enactment of the change, and other purposes; for small businesses and attract foreign

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15379 tourists. Tourism is a vital service ex- The amendment would also bolster related jobs. According to the Depart- port, generating $142 billion in inter- the SBA’s technical assistance pro- ment of Commerce, receipts from national receipts last year, which ac- grams, and will improve export financ- international trade and tourism were counts for 27 percent of all services ex- ing programs so that small businesses more than $142 billion last year, and ports and 8 percent of exports overall. have access to capital needed to sup- there is no doubt that small businesses As ranking member of the Senate port export sales. were a vital part of this statistic. In Committee on Small Business and En- Small businesses can survive, diver- fact, they represent nearly the entire trepreneurship, and as a senior member sify, and compete effectively in the tourism industry. More than 90 percent of both the Senate Finance and Com- international marketplace by devel- of employers in the tourism industry merce Committees, one of my top pri- oping an export business. But, as I are small businesses; and more specifi- orities is to ensure that small busi- mentioned, too few small businesses cally, 95 percent of travel agencies, 84 nesses get the promised benefits of our are expanding into international mar- percent of tour operating companies, 93 international trade relationships, in- kets. This amendment will help small percent of sightseeing bus companies, cluding the benefits of increased busi- business owners take the crucial steps and 99 percent of souvenir shops are ness from tourists that visit the United of attracting foreign tourists and find- owned by small entrepreneurs. It is States. Tourism is particularly essen- ing international buyers for their therefore imperative that this act tial for small businesses, which com- goods and services. guarantee that small businesses are prise more than 90 percent of employ- This investment could yield tremen- provided with a representative on the ers in the tourism industry. In fact, 95 dous returns for our economy. The Corporation for Travel Promotion percent of travel agencies, 84 percent of United States spends just one-sixth of Board. tour operating companies, 93 percent of the international average among devel- Tourism is a vital source of growth sightseeing bus companies, and 99 per- oped countries in promoting small for these small businesses and this act cent of souvenir shops are small busi- businesses exports. Every additional will provide critical assistance to en- nesses. dollar spent on export promotion re- trepreneurs struggling during these dif- Small businesses are a vital source of sults in a fortyfold increase in exports, ficult economic times. This amend- economic growth and job creation, gen- according to a World Bank study. ment will improve the underlying bill erating approximately 75 percent of net As we work to promote tourism in by ensuring that small businesses con- new jobs each year. Small firms are es- the United States, we cannot overlook tinue to play a key role in bolstering sential to our economic recovery, and small businesses. An investment in and strengthening our nation’s essen- we must help them take advantage of small business exporting assistance is tial tourism industry. For this reason I all potential opportunities, including an investment in our economy. This urge my colleagues to support my those created by international travel amendment will ensure that this legis- amendment. and tourism. lation helps small businesses stay com- My amendment will increase support f petitive, helps them grow, and speeds for small businesses seeking to attract MAKING SUPPLEMENTAL APPRO- the recovery of our economy as a more foreign tourists. First, the PRIATIONS FOR THE FISCAL whole. I respectfully ask all of my Sen- amendment creates an innovative new YEAR ENDING SEPTEMBER 30, ate colleagues to support this vital export development grant program 2009—CONFERENCE REPORT amendment. that provides small businesses with Mr. President, my amendment No. Mr. REID. Mr. President, I ask the matching grants, of up to $5,000, for ex- 1337 to the ‘‘Tourism Promotion Act of Chair to lay before the Senate the con- penses relating to activities that help 2009 is a commonsense amendment that ference report to accompany H.R. 2346, them start or expand export activity. would ensure that small businesses are the supplemental appropriations bill. These grants can be used to create for- properly represented on the new ‘‘Cor- The PRESIDING OFFICER. The eign-language marketing material, poration for Travel Promotion Board’’ clerk will report. translate websites in order to reach and would clarify that small busi- The assistant legislative clerk read foreign tourists, and develop other as follows: marketing materials in order to at- nesses, as defined by the Small Busi- ness Administration, are exempt from The committee of conference on the dis- tract more international visitors. agreeing votes of the two Houses on the In addition to enabling small busi- the annual assessment created by this amendment of the Senate to the bill (H.R. nesses to attract international tour- act. 2346) making supplemental appropriations ists, my amendment also benefits As ranking member of the Com- for the fiscal year ending September 30, 2009, small businesses who seek to sell their mittee on Small Business and Entre- and for other purposes, having met, after full products and services in international preneurship, I am keenly aware of the and free conference, have agreed that the markets. Although globalization has critical role that small businesses play House recede from its disagreement to the as our Nation’s primary job creators. amendment of the Senate and agree to the created new opportunities, less than 1 same with an amendment, and the Senate percent of U.S. small businesses cur- Robust tourism is vital to the success of countless small businesses, and I see agree to the same, signed by a majority of rently sell to international buyers. the conferees on the part of both Houses. Small businesses face particular no better way to improve this bill than by ensuring that our Nation’s small (The conference report is printed in challenges in exporting. It can be dif- the proceedings of the House in the ficult for small exporting firms to se- businesses have a seat at the table as RECORD of Friday June 12, 2009.) cure the working capital needed to ful- our tourism policy is revamped. One of CLOTURE MOTION fill foreign purchase orders, for in- the more vital components of this act Mr. REID. Mr. President, I send to stance, because many lenders won’t is the creation of the travel promotion board, which includes 11 key represent- the desk a cloture motion. lend against export orders or export re- The PRESIDING OFFICER. The clo- atives from different industries in- ceivables. Additionally, small business ture motion having been presented volved in tourism, and will be tasked owners may not have the time or re- under rule XXII, the chair directs the with promoting travel to America. Un- sources necessary to understand other clerk to read the motion. fortunately, the underlying bill does countries’ rules and regulations. The assistant legislative clerk read not require a member of that board Currently, Federal programs are as follows: grossly inadequate at helping small specifically represent small businesses. CLOTURE MOTION businesses overcome these challenges My amendment will correct this over- We, the undersigned Senators, in accord- of exporting. This amendment gives sight. ance with the provisions of rule XXII of the small businesses the resources and as- Travel and tourism generates ap- Standing Rules of the Senate, hereby move sistance they require to explore poten- proximately $1.3 trillion in economic to bring to a close debate on the conference tial export opportunities and to expand activity each year in the United States report to accompany H.R. 2346, the Supple- their current export business. and it also supports 8.3 million travel- mental Appropriations Act of 2009.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15380 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 Daniel K. Inouye, Patrick J. Leahy, that will help America become more and all the sounds that accompany Patty Murray, Jack Reed, Edward E. environmentally friendly and respon- them. My own Dad was a quiet man, Kaufman, Christopher J. Dodd, Tom sible and lead us to an improved qual- but he saved his cake from lunch to Carper, Mark L. Pryor, Tim Johnson, ity of life. give to me. He listened attentively to Jon Tester, Mary L. Landrieu, Byron L. Dorgan, Herb Kohl, Tom Harkin, The Nevada Chapter is one of 22 chap- my recitations and my fiddle playing, Mark Begich, Ben Nelson, Dianne Fein- ters across the United States. I com- and he made sure that I had paper and stein. mend the National Association of Mi- pencils to draw with as a child. With- f nority Contractors for their 40 years of out words, he showed me how much he support to the minority community cared. MORNING BUSINESS and to the affiliates in Nevada and An untitled poem by an unknown Mr. REID. Mr. President, I ask unan- around the United States. It is through poet captures the unspoken love that imous consent that the Senate proceed the relentless work of this organization fathers find easier to express: to a period of morning business, with that minority construction contractors Fathers seldom say, ‘‘I love you’’ Senators allowed to speak therein for have been able to achieve equality, op- Though the feeling’s always there, up to 10 minutes each. portunity, and prosperity. But somehow those three little words The PRESIDING OFFICER. Without f Are the hardest ones to share. And fathers say, ‘‘I love you’’ objection, it is so ordered. (At the request of Mr. REID, the fol- Mr. REID. I suggest the absence of a In ways that words can’t match— lowing statements were ordered to be With tender bedtime stories— quorum. printed in the RECORD.) Or a friendly game of catch! The PRESIDING OFFICER. The IN PRAISE OF FATHERS You can see the words ‘‘I love you’’ clerk will call the roll. In a father’s boyish eyes The assistant legislative clerk pro- ∑ Mr. BYRD. Mr. President, Sunday is When he runs home, all excited, ceeded to call the roll. Father’s Day. The third Sunday in With a poorly wrapped surprise. Mr. REID. Mr. President, I ask unan- June is a lovely time of year, and a A father says, ‘‘I love you’’ imous consent that the order for the perfect time for any celebration. This With his strong helping hands— quorum call be rescinded. year, it is also the first day of sum- With a smile when you’re in trouble The PRESIDING OFFICER. Without mer—the best day of summer, before With the way he understands. He says, ‘‘I love you’’ haltingly, objection, it is so ordered. the weather is too hot, before bugs mar With awkward tenderness— f the beauty of fresh green leaves and (It’s hard to help a four-year-old into a party weeds threaten to smother the garden, 40TH ANNIVERSARY OF THE NA- dress!) before we are tired of marveling at the He speaks his love unselfishly TIONAL ASSOCIATION OF MINOR- smooth green of a freshly mown lawn. By giving all he can ITY CONTRACTORS On this Sunday, we thank both our To make some secret dream come true, Mr. REID. Mr. President, I rise to heavenly Father and our earthly father Or follow through a plan. call the attention of the Senate to the for all that is good and strong and vi- A father’s seldom-spoken love 40th anniversary of the National Asso- Sounds clearly through the years— brantly beautiful in our lives. Sometimes in peals of laughter, ciation of Minority Contractors, Although scientists say that some Sometimes through happy tears. NAMC. NAMC is a national organiza- smells can trigger strong memories, I Perhaps they have to speak their love tion that has gone to great lengths think that there are certain sounds In a fashion all their own. over the last 40 years in helping minor- that many people instantly associate Because the love that fathers feel ity contractors realize the American with fathers. The keening whine of a Is too big for words alone! dream. Additionally, NAMC has aided power tool, the droning buzz of a lawn Mr. President, we can all remember contractors across the United States mower on a Saturday morning, the times in our own lives when our fathers by fostering relationships and building grunt and clank of tools in tight let us know that they were proud of us. bridges in the construction industry places, the quiet scrape of a razor over We remember the words of praise, the that have helped minorities to remain a stubbled chin, the slow tread of a thumbs up, the smile or simply his competitive. Currently, NAMC has over tired man coming home in the evening, quiet presence at some long ago event. 5,000 memberships in all 50 States and or even the nighttime chorus of An occasion was important, if our fa- the District of Columbia. snores—these are the everyday sounds ther made the time to be there. This NAMC was established as a nonprofit of fathers that provide the quiet sounds Sunday is our chance to return the organization in 1969, in order to provide during a peaceful childhood. Other fa- favor and make the occasion important education to African Americans, Asian ther sounds may have occurred less fre- for him, by our presence at brunch, or Americans, Hispanic Americans, and quently, but still trigger their own by the grill, or on the phone. He will Native Americans employed as con- quick smiles of recall—the slap of a appreciate the effort, even if he may struction contractors. This magnifi- baseball into a worn glove, perhaps, or find it difficult to show just how much cent organization has helped to ensure the gentle splash of a fishing lure hit- it means to him.∑ equal opportunity employment and ting the water, that remind us of pas- f procurement opportunities in all areas times enjoyed together. of this industry. NAMC has led the way On Sunday, fathers will be feted with WEST VIRGINIA DAY in the integration of various ethnic brunches or barbeques. They may open ∑ Mr. BYRD. Mr. President, on June 20, groups, creeds, and colors in the con- a few gifts and some funny cards. 1863, West Virginia became the 35th struction industry. We recognize this Mother’s Day might warrant more sen- State in our great Union. This coming organization’s hard work to initiate timentality, but Father’s Day seems to Saturday, West Virginia will celebrate and operate training programs for peo- call for a more humorous approach— those 146 years of statehood, so I say, ple desiring employment and procure- perhaps so that fathers will not be em- ‘‘Happy Birthday, West Virginia!’’ I ment in the building trades. barrassed by any teary-eyed show of might also add, ‘‘ and many more!’’ It Thanks to the fine leadership of the emotion. It is enough, for many fa- is a happy day. local board of the Silver State’s thers, to get a card at all, and to have West Virginians will celebrate the NAMC’s Chapter, NAMC is making a all the attention focused on him. Most State’s birthday in many different successful transition to green building. fathers are not much given to displays ways. In the myriad State parks and NAMC has been ensuring that its mem- of emotion or sentimental speeches. forests, special programs may be en- bers certify in green building by in- A father’s love is expressed through joyed amid the majestic scenery, views volving them with Green Advantage his presence and the endless labor that of endless, rolling hills, and rushing, and the U.S. Green Building Council. It he expends to care for his family. His tumbling white water with which the is specifically this type of program love is expressed through his actions, Creator has blessed us. At the Haddad

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15381 Riverfront Park in Charleston, an out- whenever natural disasters bring the cost of H.R. 1256 to reflect an ear- door concert will entertain the crowds neighbors together to work together in lier date of enactment. Even with the with music and fun. Blenko Glass, in the aftermath of storm or flood. The changed date of enactment and revised Milton, has produced another stunning same friendly atmosphere fills the estimate, H.R. 1256 still qualifies for re- artwork in molten, hand blown glass in many festivals and celebrations held serve fund adjustments pursuant to honor of West Virginia Day. Across the throughout the State virtually every sections 311(a) and 307. As a con- State, local arts festivals and historic weekend. sequence, I am revising the adjust- reenactments will celebrate the his- I urge those listening to come and ex- ments I made on June 3 to reflect tory and talents of West Virginia. plore West Virginia. We are closer than CBO’s updated estimate. These revi- West Virginia Day is a wonderful day you think, but thanks to the moun- sions affect the aggregates in the 2010 to celebrate all that is unique about tains that have shaped our history, budget resolution, as well as the allo- our great State. Of her 55 counties, 47 still quiet and unspoiled. I know that I cation to the Senate Health, Edu- were named after notable individuals. may be a little bit biased, but West cation, Labor, and Pensions Com- Some counties derive their names from Virginia is my favorite State, full of mittee. Revolutionary War heroes like Francis never ending variety and great beauty I ask unanimous consent to have the Marion and the Marquis de Lafayette. in every season. From the colonial and following revisions to S. Con. Res. 13 Others are named after U.S. Presidents Civil War history in the eastern pan- printed in the RECORD. and Vice Presidents, including Jeffer- handle’s Harper’s Ferry and Berkeley There being no objection, the mate- son, Jackson, Lincoln, and Grant; or Springs, to the whitewater adventures rial was ordered to be printed in the notable politicians such as Senator offered on the Gauley and other rivers, RECORD, as follows: Henry Clay of Kentucky. Just three West Virginia offers something for CONCURRENT RESOLUTION ON THE county names reference the State’s every taste. You can sample true lux- BUDGET FOR FISCAL YEAR 2010—S. English heritage—Hampshire County, ury at the Greenbrier resort or ski and CON. RES. 13; FURTHER REVISIONS TO named after the county in England; snowboard in the Canaan Valley. You THE CONFERENCE AGREEMENT PUR- Berkeley County, named after the can hunt game or the works of great SUANT TO SECTION 311 DEFICIT-NEU- Royal Governor of Virginia, Norborne artisans; listen to bluegrass music or TRAL RESERVE FUND FOR THE FOOD Berkeley; and Raleigh County, named to the wind blowing through the trees. AND DRUG ADMINISTRATION AND SEC- after the English explorer Sir Walter West Virginia has been waiting for you TION 307 DEFICIT-NEUTRAL RESERVE FUND FOR AMERICA’S VETERANS AND Raleigh. for 146 years—come and celebrate with WOUNDED SERVICEMEMBERS Several counties are named after her.∑ [In billions of dollars] prominent Virginians, reflective of f West Virginia’s origins as a part of the Section 101 Commonwealth of Virginia. Still other CHANGES TO S. CON. RES. 13 (1)(A) Federal Revenues: FY 2009 ...... 1,532.579 county names commemorating fron- Mr. CONRAD. Mr. President, section FY 2010 ...... 1,653.728 tiersmen like Daniel Boone and Lewis 311(a) of S. Con. Res. 13, the 2010 budget FY 2011 ...... 1,929.681 Wetzel remind us of West Virginia’s resolution, permits the chairman of the FY 2012 ...... 2,129.668 time at the fringes of the American Senate Budget Committee to adjust FY 2013 ...... 2,291.197 union, when the Nation was still young the allocations of a committee or com- FY 2014 ...... 2,495.875 and growing. Counties named after Na- mittees, the aggregates, and other ap- (1)(B) Change in Federal Reve- tive Americans like the Mingo Chief propriate levels in the resolution for nues: legislation that authorizes the Food FY 2009 ...... 0.008 Logan, Powhatan princess Pocahontas, FY 2010 ...... ¥12.258 and the Mingo tribe, however, speak to and Drug Administration to regulate FY 2011 ...... ¥158.950 West Virginia’s even earlier history. products and assess user fees on manu- FY 2012 ...... ¥230.725 Five county names celebrate natural facturers and importers of those prod- FY 2013 ...... ¥224.140 features like rivers or the minerals ucts to cover the cost of the regulatory FY 2014 ...... ¥137.783 that are West Virginia’s great natural activities. Additionally, section 307 of (2) New Budget Authority: treasure. S. Con. Res. 13 permits the chairman to FY 2009 ...... 3,674.408 The stories of all these people, adjust the allocations of a committee FY 2010 ...... 2,892.472 FY 2011 ...... 2,844.908 places, and things help to tell the his- or committees, aggregates, and other FY 2012 ...... 2,848.113 tory of West Virginia. It is a rich, com- appropriate levels in the resolution for FY 2013 ...... 3,012.187 plex and fascinating tale full of hope legislation that, among other things, FY 2014 ...... 3,188.874 and hardship, triumph and tragedy. reduces or eliminates the offset be- (3) Budget Outlays: From the Native Americans who lived tween the Survivor Benefit Plan annu- FY 2009 ...... 3,358.512 and hunted these rich woodlands, to ities and veterans’ dependency and in- FY 2010 ...... 3,005.683 the hearty settlers who built new lives demnity compensation. The adjust- FY 2011 ...... 2,969.119 in the hollows and along the rivers, ments under both reserve funds are FY 2012 ...... 2,883.129 FY 2013 ...... 3,019.577 West Virginia is full of unwritten his- contingent on the legislation not in- FY 2014 ...... 3,174.976 tory marked only by trails, mounds, creasing the deficit over either the pe- campsites, and old homesteads. Modern riod of the total of fiscal years 2009 CONCURRENT RESOLUTION ON THE history is built of soft red brick and through 2014 or the period of the total BUDGET FOR FISCAL YEAR 2010—S. bright limestone, iron rail lines and as- of fiscal years 2009 through 2019. CON. RES. 13; FURTHER REVISIONS TO phalt highways painstakingly carved On June 3, I made revisions to S. Con. THE CONFERENCE AGREEMENT PUR- through the hills. Every county is full Res. 13 pursuant to sections 311(a) and SUANT TO SECTION 311 DEFICIT-NEU- of scenic drives, history, natural won- 307 for an amendment in the nature of TRAL RESERVE FUND FOR THE FOOD ders, beautiful handcrafted goods and a complete substitute to H.R. 1256, the AND DRUG ADMINISTRATION AND SEC- foods, and—most of all—welcoming Family Smoking Prevention and To- TION 307 DEFICIT-NEUTRAL RESERVE FUND FOR AMERICA’S VETERANS AND people. bacco Control Act. The complete sub- WOUNDED SERVICEMEMBERS Throughout her history, the State’s stitute to the House-passed bill was motto has shone through: ‘‘Mountain- passed by the Senate on June 11 and by [In millions of dollars] eers are always free.’’ West Virginians the House on June 12, clearing it for Current Allocation to Senate value grit and hard work put forth by Health, Education, Labor, and the signature of the President. Pensions Committee: individuals. Populated by hardworking The adjustment on June 3 was based FY 2009 Budget Authority ..... ¥22,436 families and individuals, West Vir- on information provided by the Con- FY 2009 Outlays ...... ¥19,058 ginians also value their close-knit gressional Budget Office. Since that FY 2010 Budget Authority ..... 4,487 communities. You can see that spirit time, CBO has revised its estimate of FY 2010 Outlays ...... 1,526

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0655 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15382 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 CONCURRENT RESOLUTION ON THE outlays, and the total amount of the I applaud the President for this effort BUDGET FOR FISCAL YEAR 2010—S. adjustment for 2010 is $11 million in to promote fairness in the workplace. CON. RES. 13; FURTHER REVISIONS TO discretionary budget authority and It is a step in the right direction to- THE CONFERENCE AGREEMENT PUR- $34.239 billion in outlays. In addition, I wards equalizing benefit coverage for SUANT TO SECTION 311 DEFICIT-NEU- TRAL RESERVE FUND FOR THE FOOD am also further revising the aggregates all Federal employees. AND DRUG ADMINISTRATION AND SEC- consistent with section 401(c)(4). The memorandum will enable domes- TION 307 DEFICIT-NEUTRAL RESERVE I ask unanimous consent to have the tic partners of civil service Federal em- FUND FOR AMERICA’S VETERANS AND following revisions to S. Con. Res. 13 ployees to be added to their long-term WOUNDED SERVICEMEMBERS—Contin- printed in the RECORD. care insurance program, and enable ued There being no objection, the mate- employees to use their sick leave to FY 2010–2014 Budget Author- rial was ordered to be printed in the take care of domestic partners and ity ...... 50,366 RECORD, as follows: nonbiological, nonadopted children. FY 2010–2014 Outlays ...... 44,491 CONCURRENT RESOLUTION ON THE The memorandum also extends a num- Adjustments: BUDGET FOR FISCAL YEAR 2010—S. ber of benefits to same-sex partners of FY 2009 Budget Authority ..... 11 CON. RES. 13; FURTHER REVISIONS TO Foreign Service employees, including FY 2009 Outlays ...... 2 THE CONFERENCE AGREEMENT PUR- FY 2010 Budget Authority ..... 10 the use of medical facilities at posts SUANT TO SECTION 401(c)(4) ADJUST- FY 2010 Outlays ...... 13 abroad, medical evacuation from posts MENTS TO SUPPORT ONGOING OVER- FY 2010–2014 Budget Author- abroad, and inclusion in family size for SEAS DEPLOYMENTS AND OTHER AC- ity ...... 8 housing allocations. TIVITIES FY 2010–2014 Outlays ...... 16 Equal pay for equal work is a corner- Revised Allocation to Senate [In billions of dollars] stone of our country’s bedrock prin- Health, Education, Labor, and Section 101 ciples, and equal access to important Pensions Commitee: (1)(A) Federal Revenues: benefits should share that importance. ¥ FY 2009 Budget Authority ..... 22,425 FY 2009 ...... 1,532.579 Insurance benefits, work incentives, FY 2009 Outlays ...... ¥19,056 FY 2010 ...... 1,653.728 FY 2010 Budget Authority ..... 4,497 FY 2011 ...... 1,929.681 and retirement options comprise a sig- FY 2010 Outlays ...... 1,539 FY 2012 ...... 2,129.668 nificant portion of all employee com- FY 2010–2014 Budget Author- FY 2013 ...... 2,291.197 pensation. By not offering domestic ity ...... 50,374 FY 2014 ...... 2,495.875 partnership benefits to its employees, FY 2010–2014 Outlays ...... 44,507 (1)(B) Change in Federal Reve- the Federal Government is unfairly nues: f withholding these valuable options FY 2009 ...... 0.008 from dedicated employees across the FURTHER CHANGES TO S. CON. FY 2010 ...... ¥12.258 country. President Obama’s Memo- RES. 13 FY 2011 ...... ¥158.950 FY 2012 ...... ¥230.725 randum is a step forward towards hav- Mr. CONRAD. Mr. President, section FY 2013 ...... ¥224.140 ing a fair and consistent policy. 401(c)(4) of S. Con. Res. 13, the 2010 FY 2014 ...... ¥137.783 This step by the President brings the budget resolution, permits the chair- (2) New Budget Authority: Federal Government in line with many man of the Senate Budget Committee FY 2009 ...... 3,675.923 of America’s largest and most success- to adjust the section 401(b) discre- FY 2010 ...... 2,892.478 ful companies, as well as State and tionary spending limits, allocations FY 2011 ...... 2,844.908 FY 2012 ...... 2,848.113 local governments and educational in- pursuant to section 302(a) of the Con- FY 2013 ...... 3,012.187 stitutions, which already extend bene- gressional Budget Act of 1974, and ag- FY 2014 ...... 3,188.874 fits to same-sex couples. Over half of gregates for legislation making appro- (3) Budget Outlays: all Fortune 500 companies provide do- priations for fiscal years 2009 and 2010 FY 2009 ...... 3,359.154 mestic partner benefits to their em- for overseas deployments and other ac- FY 2010 ...... 3,004.508 ployees, up from just 25 percent in 2000. tivities by the amounts provided in FY 2011 ...... 2,970.563 Offering domestic partnership benefits such legislation for those purposes and FY 2012 ...... 2,883.051 FY 2013 ...... 3,019.923 to Federal employees improves the so designated pursuant to section FY 2014 ...... 3,175.114 quality of its workforce and dem- 401(c)(4). The adjustment is limited to onstrates the Federal Government’s the total amount of budget authority commitment to fairness and equality specified in section 104(21) of S. Con. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL for all Americans. Res. 13. For 2009, that limitation is YEAR 2010—S. CON. RES. 13; FURTHER REVISIONS TO I am a proud cosponsor of the Domes- $90.745 billion, and for 2010, it is $130 THE CONFERENCE AGREEMENT PURSUANT TO SECTION tic Partnership Benefits and Obliga- billion. 401(c)(4) TO THE ALLOCATION OF BUDGET AUTHORITY tions Act of 2009, introduced by Sen- On May 19, I made two adjustments AND OUTLAYS TO THE SENATE APPROPRIATIONS COM- ators LIEBERMAN and COLLINS, which pursuant to section 401(c)(4) for H.R. MITTEE AND THE SECTION 401(b) SENATE DISCRE- would provide domestic partners of 2346, a bill making supplemental appro- TIONARY SPENDING LIMITS Federal employees all of the same pro- priations for the fiscal year ending [In millions of dollars] tections and benefits afforded to September 30, 2009, and for other pur- Initial Revised spouses of Federal employees, includ- poses. H.R. 2346 passed the Senate on allocation/ Adjustment allocation/ ing participation in applicable retire- May 21. limit limit ment programs, compensation for work I find that the conference report for FY 2009 Discretionary Budget injuries, and health insurance benefits. H.R. 2346, which was filed on June 12, Authority ...... 1,480,686 1,515 1,482,201 I am also a cosponsor of the Tax Eq- FY 2009 DiscretionaryOutlays .. 1,247,230 642 1,247,872 2009, also fulfills the conditions of sec- FY 2010 Discretionary Budget uity for Health Plan Beneficiaries Act tion 401(c)(4). As a result, for fiscal Authority ...... 1,086,021 6 1,086,027 of 2009, which would end the taxation years 2009 and 2010, I am further revis- FY 2010 Discretionary Outlays 1,307,240 ¥1,175 1,306,065 of health benefits provided to domestic ing the adjustments made on May 19 to f partners in workplaces that provide do- the discretionary spending limits and mestic partner health benefits to their the allocation to the Senate Com- PRESIDENTIAL MEMORANDUM employees. mittee on Appropriations for discre- Mr. LEAHY. Mr. President, I am Providing benefits to domestic part- tionary budget authority and outlays. pleased that today President Obama ners of Federal employees is long over- When combined with those previous re- issued a Presidential Memorandum on due. I look forward to working with the visions, the total amount of the adjust- Federal Benefits and Non-Discrimina- Obama administration and Members on ment pursuant to section 401(c)(4) for tion that will extend a number of bene- both sides of the aisle to continue to 2009 is $90.73 billion in discretionary fits to same-sex partners that are af- make progress towards equality in the budget authority and $27.029 billion in forded to spouses of Federal employees. workplace.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15383 175TH ANNIVERSARY OF THE the Northern Plains. The Northern and pass S. Con. Res. 23 in support of FOUNDING OF FORT LARAMIE Plains tribes fiercely defended their the goals and objectives of the Prague Mr. BARRASSO. Mr. President, I rise homeland against settlement by an Conference on Holocaust Era Assets. today to recognize the 175th anniver- ever-expanding Nation. Numerous mili- The Prague Conference, which will be sary of the founding of Fort Laramie, tary campaigns were launched from the held June 26 through June 30, will serve the first permanent settlement in what fort. Important treaty negotiations as a forum to review the achievements would become the State of Wyoming. with Indian tribes were also conducted of the 1998 Washington Conference on In the spring of 1834, William at the fort. The most famous of these Holocaust Era Assets. That meeting Sublette led a supply caravan to the were the Horse Creek Treaty of 1851 brought together 44 nations, 13 non- annual fur trappers’ rendezvous held on and the still contested Treaty of 1868. governmental organizations, scholars, the Ham’s Fork of the Green River. On Eventually, Fort Laramie became a and Holocaust survivors, and helped May 30, 1834, Sublette and his men center of commerce for local home- channel the political will necessary to paused to camp at the confluence of steaders and ranchers. Fort Laramie address looted art, insurance claims, the Laramie and North Platte Rivers. saw rapid advances in communication communal property, and archival It was here that Sublette and his part- and transportation technology. The issues. The conference also examined ner, Robert Campbell, agreed to build a Pony Express, the Transcontinental the role of historical commissions and new trading post. Their intent was to Telegraph, and stage lines passed Holocaust education, remembrance, dominate the central Rocky Mountain through the fort. Fort Laramie truly and research. While the Washington fur trade. William Marshall Anderson became the ‘‘Crossroads of a Nation Conference was enormously useful, wrote in his diary, ‘‘This day we laid Moving West.’’ more can and should be done in all of the foundation log of a fort.’’ That log With the end of the Indian wars, Fort these areas. Accordingly, the Prague would be the cornerstone of the first Laramie’s usefulness to the govern- Conference provides an important op- permanent settlement in the future ment rapidly faded. The fort was aban- portunity to identify specific addi- State of Wyoming. Sublette’s trading doned in 1890 and sold at public auc- tional steps that countries can still post was officially named Fort Wil- tion. Fort Laramie slowly deteriorated take. liam, although it was commonly re- over the next 48 years and nearly suc- The Holocaust left a scar that will ferred to as the fort on Laramie’s Fork cumbed to the ravages of time. On July not be removed by the Prague Con- or Fort Laramie. 16, 1938, President Franklin D. Roo- ference. But this upcoming gathering Fort William was humble in size, sevelt signed a proclamation creating provides an opportunity for govern- measuring only 100 feet by 80 feet. The the Fort Laramie National Monument. ments to make tangible and meaning- palisade was formed by 15-foot hewn With the determined efforts of local ful progress in addressing this painful cottonwood logs. There were log block- citizens and Wyoming State legisla- chapter of history. I commend the houses located at diagonal corners. A tors, the preservation of the site is se- Czech Republic for taking on the lead- third blockhouse, with mounted can- cure. The fort was redesignated a Na- ership of organizing this meeting and non, was over the main gate. Inside the tional Historic Site by an act of Con- welcome the appointment of Ambas- fort was a series of cabins and store- gress on April 29, 1960. It was listed on sador Stuart E. Eizenstat, former houses with flat tops that nearly the National Register of Historic Treasury Deputy Secretary and former reached the top of the fort’s walls. The Places in 1966. In 1978, it was expanded Department of State Under Secretary fort’s small size was in contrast to the to its present size of 835 acres by an act for Economic Affairs, to head the U.S. large role it would play in American of Congress. delegation to the Prague Conference. history. The Fort Laramie National Historic Ambassador Eizenstat is uniquely The fort eventually became one of Site is administered by the National qualified to represent the United the principal trading centers with the Park Service and is open to the public States at this historic gathering. Indian tribes of the Northern Plains, throughout the year. Interpretive pro- I would like to express my gratitude especially the Oglala and Sicangu grams are offered with living history to Senators KERRY and LUGAR, the Lakota. The beaver trade was already talks and demonstrations available in chair and ranking member, respec- in decline at the time of Fort William’s the summer months. These programs tively, of the Foreign Relations Com- construction. Campbell and Sublette offer visitors a chance to experience mittee, for cosponsoring and reporting recognized that the future of the fur life on the frontier. this resolution expeditiously. trade lay not in trapping, but in trad- The site has an intensive preserva- f ing with the native peoples of the tion program to ensure the integrity of REMEMBERING ABRAHAM plains for buffalo robes. Each spring, the historic structures for generations LINCOLN caravans arrived at the fort with trade to come. Ten historic buildings have goods. In the fall, tons of buffalo hides been completely restored and refur- Mr. BURRIS. Mr. President, born in a and other furs were shipped east. nished. These allow visitors a rare log cabin west of the Appalachians, By 1841, the cottonwood log walls of glimpse into the daily workings of a Abraham Lincoln grew up in an aver- Fort William had already begun to de- 19th century Indian Wars military age family with modest means. Yet de- teriorate and were in need of replace- post. The ruins and foundations of nu- spite only 18 months of education and ment. The owners of the fort erected a merous other buildings are also pre- family hardships, Lincoln’s strength of new adobe walled trading post nearby, served at this nationally significant character, persistence, and drive are naming it Fort John. Like its prede- historic treasure. among the many reasons he remains cessor, however, it was popularly re- In celebration of the 175th anniver- relevant to Americans today. Lincoln’s ferred to as Fort Laramie. As the buf- sary of the founding of Fort Laramie, I legacy continues to impact the young falo robe trade declined, the number of invite my colleagues to visit the Fort and old alike even as our country emigrants passing on their way to Cali- Laramie National Historic Site. I con- changes and grows. fornia, Oregon, and Utah grew from a gratulate the staff and volunteers In an attempt to celebrate the life of trickle to a torrent. The fort rapidly whose dedication makes this piece of the great Abraham Lincoln, an essay became a major weigh station along our history available to visitors from contest was held in Illinois, ‘‘The Land the emigrant trails. As a result, the all over the world. of Lincoln.’’ Students across the State U.S. Government purchased the fort in f answered the question: Why is Abra- 1849 and officially named it Fort Lar- ham Lincoln still important today? amie. PRAGUE CONFERENCE ON The following essays celebrate the life Over the years, Fort Laramie filled a HOLOCAUST ASSETS and legacy of Lincoln and at the same variety of roles as one of the largest Mr. CARDIN. Mr. President, I am de- time showcase the talent of young peo- and most important military post on lighted the Senate is poised to consider ple across the great State of Illinois. I

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15384 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 congratulate Megan Hendrickson, Our nation and the world only have one WHY IS ABRAHAM LINCOLN STILL IMPORTANT Ahsan Jiva, and Hannah Binnion for race, the human race. I believe that Presi- TODAY? their extraordinary essays, and I en- dent Lincoln believed this, and took a stand (By Hannah Binnion, Grade 3, Miss Alday) courage all students to continue to ex- on his beliefs that have had more than a Abraham Lincoln is still important today hundred years of changes in our nation. We because he was honest. He had a customer plore the history and lessons of our re- all can see why Abraham Lincoln is impor- markable 16th President. that paid too much so he ran miles to give tant today by looking at history and seeing her extra change back. Abe didn’t like slav- I ask unanimous consent to have the the changes that have taken place over time following three essays printed in the ery so he made a law when he was the presi- regarding race and equality. We should all dent stating ‘‘There was to be no more RECORD. work together as one nation to continue There being no objection, the mate- slaves.’’ This law helped free slaves. It President Abraham Lincoln’s legacy and be- seemed that he cared not only for himself rial was ordered to be printed in the lief that all men are created equal. but for others as well. He wanted to avoid RECORD, as follows: war at any cost it was difficult. WHY IS ABRAHAM LINCOLN STILL IMPORTANT WHY IS ABRAHAM LINCOLN STILL IMPORTANT President Lincoln liked to be funny and TODAY? TODAY? kind. He loved books for fun and to learn. (By Megan Hendrickson, Sixth Grade, Miss (By Ahsan Jiva, Grade 5, Mrs. L. Anderson) Lincoln set an example that if we helped oth- Jaskowiak) ers even if their from different cultures we’ll Abraham Lincoln lived a great life. I don’t At the beginning of creation God created get along better. mankind in his own image with the intent think there will ever be a person as special I feel this is why Abraham Lincoln is still that all would be treated equally. On Janu- and important as him. He helped stop slav- important today. I feel that it is important ary 1, 1863 President Abraham Lincoln estab- ery, he had famous speeches, and served as for us to be honest and not think of people lished a document called the Emancipation president. The list goes on and on. And that from different cultures as bad and different Proclamation freeing the African American is why he still means so much to us today. then we are because of who they are, we slaves from their slave owner’s farms. But Abraham Lincoln grew up in Hardin Coun- should be treated equal. still, why is Abraham Lincoln still impor- try, Kentucky in 1809. As a child, Abraham Lincoln set an example that if we follow tant today? First, Abe Lincoln abolished Lincoln didn’t go to school much, which to his example, it would make us and our com- slavery. Next he kept the nation as one so we me is really hard to believe. When Lincoln munity better. He helped us regain our free- would act as one nation not two, and remain grew older, the chopped rails and fences for dom for our countries rights. strong. Last but not least, Abe led the nation a living. Even though he didn’t go to college, f through the Civil War as Commander in he was still able to be a lawyer. After that he Chief. tried for the senate. But he didn’t make it. ADDITIONAL STATEMENTS President Abraham Lincoln put slavery to Those are just some of the reasons why Lin- a halt when he signed the Emancipation coln is honored and respected today. Proclamation to abolish slavery. Today, this After working a lot, Abraham Lincoln fi- REMEMBERING has had a huge impact on us. The slavery nally became the sixteenth president of the ∑ Mrs. BOXER. Mr. President, I ask my halt is one of the reasons we have our 44th United States. He married Mary Todd Lin- colleagues to join me in honoring the President Barrack Obama. If we still had coln and had four children. He went against memory of Luke Cole, a leading envi- slavery, we might be two separate nations, slavery and tried to prove that to people who the North and the South, and many of the didn’t believe slavery should be stopped. He ronmental attorney and founder and opportunities for African Americans that we has once said, ‘‘Whenever I hear anyone ar- executive director of the Center on have today, simply would not have been pos- guing for slavery, I feel a strong impulse to Race, Poverty and the Environment. sible. When Abe stopped slavery it still see it tried on him personally.’’ He fought for Mr. Cole passed away on June 6th as didn’t stop people from doing horrible things the slaves’ freedom in the Civil War and won. the result of a car accident in Uganda. to people. Slavery had ended, but segrega- He signed the Emancipation Proclamation He was 46 years old. tion and racial discrimination started. That and set all the slaves free. But during the Luke Cole was born in North Adams, was the worst part. Many of these things Civil War, Lincoln gave one of the most bril- have taken more than a century to bring MA, on July 15, 1962. He spent parts of liant speeches of all time. It wasn’t very long his childhood in New York and Santa about change. We went through a time when but it had tons of meaning. It was called the African American people couldn’t even go to Gettysburg Address. He gave it after the bru- Barbara, where his father was an art school or ride on the bus with others, or they tal battle of Gettysburg, Pennsylvania. That historian at the University of Cali- had to sit in the back. I believe if it weren’t speech made him famous back then and what fornia at Santa Barbara. During this for Abraham Lincoln, some of these changes makes him important today. period, Mr. Cole often accompanied his might not have even come about and we Even though he is not with us today, he is father on research trips to Nigeria. He might still have segregation in schools and very hard to forget. He is on the penny and public transportation. I believe that Lin- graduated from Stanford University fiver dollar bill. He also has famous monu- coln’s feelings regarding race and equality and Harvard Law School. ments made for him, such as the Lincoln Me- were summed up when he said, ‘‘but there is Mr. Cole decided against potentially morial and Mount Rushmore. He will espe- only one race, the human race.’’ more lucrative career paths in favor of cially remembered in Illinois, because he President Lincoln kept the country to- one that allowed him to follow his gether at a time when the southern half of spent a lot of his time here. He’s known for his tall hat and the first president with a heart and enable him to make an im- the nation was trying to separate from the pact on issues that he cared about Union over the issue of slavery. Lincoln said, beard. He was also fond of pets. He is known ‘‘This nation cannot exist half slave and half for his many quotes, such as ‘‘I leave you, most deeply: social justice and the en- free’’ and that ‘‘A house divided against hoping that the lamp of liberty will burn in vironment. As a result of Mr. Cole’s de- itself cannot stand.’’ The quote is relative to your bosom, until there shall no longer be termination and vision, what began Abraham Lincoln holding the nation in one doubt, that all men are created equal’’. with a desk and a phone at a friend’s or in other words us being one with each There are many more credentials of Abra- office became the San Francisco-based ham Lincoln, but I think I’ll stop right there other as a nation. Had Lincoln not taken nonprofit law center, the Center on, such a strong stand against slavery, and had because I don’t think there are enough pieces of paper to list all of Lincoln’s accomplish- Race, Poverty and the Environment. the strength and courage to hold this coun- Today, the center has a staff of 20 and try together, our country might not be what ments. it is today. Lincoln held strong to his faith Abraham Lincoln was living a great life offices throughout central California. and beliefs even though he knew it would but sadly it had to end because while he was Mr. Cole’s accomplishments as the bring about the Civil War. enjoying a play at Fords Theater, he was as- executive director of the Center on Abe led the country through war as Com- sassinated by John Wilkes Booth in 1865. He Race, Poverty and the Environment mander in Chief, leading with pride and hope lived to be fifty-six years old. Lincoln’s were numerous and significant. From for our country. He had entered his Presi- death broke the heart of many people. He the rural communities of California’s dency with a task before him greater than he was buried in Springfield, Illinois. San Joaquin Valley to a 4,000-year-old felt he himself could handle, but felt that Abraham Lincoln will be missed a lot. His Inupiat Eskimo village in Kivalina, with God’s help and for the sake of our na- death was very unfortunate, especially since tion, he could not fail. Had Lincoln not had he was in his second term as president. He AK, his legacy can be seen in the tradi- the courage to lead us into and through the was important in so many ways. Although he tionally underserved communities that Civil War, for the cause that he believed was is not with us today he will be remembered he worked so hard to save from the ef- right, where would our country be today? forever. fects of harmful pollutants. His

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15385 unyielding commitment to environ- ican history or social studies in a sec- CONGRATULATING EASTERN HIGH mental justice inspired and empowered ondary school for at least 1 year for SCHOOL many people from minority commu- each year of fellowship support. This ∑ Mr. BUNNING. Mr. President, I nities to take a more active role in fellowship is directed toward current would like to take this time to con- combating environmental racism. and prospective teachers of American gratulate Eastern High School in Lou- In addition to his leadership of the history and social studies and supports isville, KY. Center on Race, Poverty and the Envi- graduate study of the history and prin- Newsweek magazine recently pub- ronment, Mr. Cole also served on the ciples of the Constitution of the United lished a list of the top 1,500 public United States Environmental Protec- States. schools in the country. The 15 schools tion Agency’s National Justice Advi- Again, I congratulate Mr. Moore for that made the list from Kentucky rank sory Council and taught environmental his hard work and thank him for his among the top 6 percent of public justice seminars at Stanford Law dedication to shaping the minds of schools in the Nation. What is even School and UC Berkeley’s Boalt Hall young Kentuckians. It is teachers like more impressive is that Kentucky had School of Law. A man of many inter- Mr. Moore who will ensure that there three more schools ranked this year ests, he was also a dedicated bird will always be a bright future for the than in 2008, showing improvement in ∑ watcher and root beer connoisseur, and Commonwealth. our State’s schools. Placing as 1 of 15 possessed an extensive collection of f schools from Kentucky on this list, miniature spy cameras and bobblehead CONGRATULATING BEECHWOOD Eastern High School has earned na- dolls. He will be missed. HIGH SCHOOL IN KENTUCKY tional recognition for the fine perform- Mr. Cole is survived by his wife ance of its students and faculty. ∑ Mr. BUNNING. Mr. President, I Nancy Shelby; father Herbert; mother I am proud of the students of Eastern would like to take this time to con- Alexandra Cole, and stepmother Shel- High School. Their commitment to gratulate Beechwood High School in ley Cole; two brothers Peter and Thom- education is an example for the entire Fort Mitchell, KY. as; sister, Sarah; stepbrother Daryn; Commonwealth and I take pride in rec- ∑ Newsweek magazine recently pub- and son Zane. ognizing them on the floor of the U.S. lished a list of the top 1,500 public f Senate.∑ schools in the country. The 15 schools COMMENDING TOM MASTERSON that made the list from Kentucky rank f ∑ Mr. BUNNING. Mr. President, today I among the top 6 percent of public CONGRATULATING HIGHLANDS pay tribute to Tom Masterson for being schools in the Nation. What is even HIGH SCHOOL selected by the U.S. Small Business more impressive is that Kentucky had ∑ Administration as the Kentucky Small three more schools ranked this year Mr. BUNNING. Mr. President, I Business Person of the Year. than in 2008, showing improvement in would like to take this time to con- Tom Masterson is president of T.E.M. our State’s schools. Placing as 1 of 15 gratulate Highlands High School in Electric Company, a minority-owned schools from Kentucky on this list, Fort Thomas, KY. firm with offices in both Louisville and Beechwood High School has earned na- Newsweek magazine recently pub- Lexington. He was nominated by Bech- tional recognition for the fine perform- lished a list of the top 1,500 public tel Parsons and subsequently selected ance of its students and faculty. schools in the country. The 15 schools as the recipient of the Kentucky Small I am proud of the students of Beech- that made the list from Kentucky rank Business Person of the Year award. Not wood High School. Their commitment among the top 6 percent of public only was Tom Masterson honored at to education is an example for the en- schools in the Nation. What is even the Governor’s Mansion in Frankfort, tire Commonwealth and I take pride in more impressive is that Kentucky had but the award was also presented dur- recognizing them on the floor of the three more schools ranked this year ing National Small Business Week in U.S. Senate.∑ than in 2008, showing improvement in our State’s schools. Placing as 1 of 15 Washington, DC. As stated by Presi- f dent Obama at a White House cere- schools from Kentucky on this list, CONGRATULATING mony, Masterson started the business Highlands High School has earned na- CAMPBELLSVILLE UNIVERSITY with his own funds and worked from tional recognition for the fine perform- his own home until he landed his first ∑ Mr. BUNNING. Mr. President, today I ance of its students and faculty. contract. Today, he now employs 75 congratulate Campbellsville University I am proud of the students of High- people and has more than $12 million of for competing in the National Associa- lands High School. Their commitment annual revenue. tion of Intercollegiate Athletics, NAIA, to education is an example for the en- I now ask my fellow colleagues to World Series in Lewiston, ID. This is tire Commonwealth and I take pride in join me in congratulating Tom the first time the Campbellsville Uni- recognizing them on the floor of the ∑ Masterson, the recipient of the Small versity Tigers have in the school’s his- U.S. Senate. Business Person of the Year for Ken- tory made it to the first round of the f tucky award. His work ethic and dedi- NAIA World Series. CONGRATULATING MALE cation are to be admired and he is an Head coach Beauford Sanders has led TRADITIONAL HIGH SCHOOL inspiration to us all.∑ the Campbellsville University Tigers to ∑ f the NAIA Region XI Qualifier six times Mr. BUNNING. Mr. President, I in the past 11 years. In addition to would like to take this time to con- RECOGNIZING SHAWN P. MOORE their achievements on the field, the CU gratulate Male Traditional High ∑ Mr. BUNNING. Mr. President, today I Tigers also have achieved in the class- School in Louisville, KY. would like to recognize Mr. Shawn P. room a graduation rate of 90 percent of Newsweek magazine recently pub- Moore as a recipient of the 2009 James players reaching senior status and a lished a list of the top 1,500 public Madison Memorial Fellowship. Mr. cumulative grade point average of 3.0. schools in the country. The 15 schools Moore is a teacher at Russell High Again, I congratulate Campbellsville that made the list from Kentucky rank School in Russell, KY, and was given University for making it into the NAIA among the top 6 percent of public this award as a result of his success at World Series. The CU Tigers have given schools in the Nation. What is even the 18th annual fellowship competition. Kentuckians a team that we can hang more impressive is that Kentucky had Mr. Moore was selected for a James our hat on and be proud to call our three more schools ranked this year Madison Fellowship in competition own. I commend the CU Tigers baseball than in 2008, showing improvement in with applicants from each of the 50 team for their achievements not only our State’s schools. Placing as 1 of 15 States and U.S. territories. This award on the field but also for their academic schools from Kentucky on this list, requires its recipient to teach Amer- accomplishments.∑ Male Traditional High School has

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15386 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 earned national recognition for the fine is North Dakota’s oldest county fair. zens of Braddock are very involved in performance of its students and fac- The county also houses Bottineau Win- their community and have many active ulty. ter Park, often called the Jewel Above organizations, including Saint I am proud of the students of Male the Prairie, which remains a perennial Katherine’s Altar Society, the Lions Traditional High School. Their com- attraction. And the town of Bottineau Club, the Senior Citizens Organization, mitment to education is an example for is known for ‘‘Tommy Turtle,’’ the and the South Central Threshers Asso- the entire Commonwealth and I take world’s largest turtle, which stands 30 ciation. pride in recognizing them on the floor feet tall and is said to have been built The people of Braddock have planned of the U.S. Senate.∑ as a symbol of the Turtle Mountains. a lively celebration in honor of the f The citizens of Bottineau clearly town’s 125th anniversary. Activities in- COMMENDING DELEGATE value education, as their town is home clude a beard-judging contest, duck CAROLYN J. KRYSIAK to Minot State University’s Bottineau race, tractor trek, fashion show, out- Campus. Apart from its academic suc- door concerts, and a parade. ∑ Mr. CARDIN. Mr. President, I con- cess, the campus has also seen athletic Mr. President, I ask the Senate to gratulate Delegate Carolyn J. Krysiak success in recent years, with the Lum- join me in congratulating Braddock, on the occasion of her 70th birthday. berjacks hockey team claiming three ND, and its residents on their first 125 Carolyn is a mother of five children consecutive national championships in years and in wishing them well in the whose husband Charles served with me the last 3 years. Both the Lumberjacks future. By honoring Braddock and all in the Maryland House of Delegates and the Ladyjacks have had accom- other historic small towns of North Da- and then as chairman of the Maryland plished seasons in the past several kota, we keep the great pioneering Workers’ Compensation Commission. years. Additionally, the campus has frontier spirit alive for future genera- Carolyn became interested in public added new sports teams in recent tions. It is places such as Braddock service to serve her community. She years—something that bodes well for that have helped shape this country served on boards that worked to create the future of the school. into what it is today, which is why this jobs and to support and attract neigh- In honor of the city and county’s fine community is deserving of our rec- borhood businesses. She was a founding 125th anniversary, officials have orga- ognition. member of the Southeast Senior Hous- nized a vibrant celebration that in- Braddock has a proud past and a ing Initiative and an active member of cludes basketball and golf tour- bright future.∑ the Polish Women’s Alliance and the naments, art and quilt shows, class and Polish Home Club. f city gatherings, games for the young Carolyn was elected to the Maryland 125TH ANNIVERSARY OF and old, a dance, and a centennial pa- House of Delegates in 1990. She has NAPOLEON, NORTH DAKOTA rade. served her constituents in Baltimore ∑ Mr. CONRAD. Mr. President, I wish City and the State of Maryland with Mr. President, I ask the Senate to to recognize a community in North Da- distinction. As a member of the House join me in congratulating Bottineau, kota that is celebrating its 125th anni- Economic Matters Committee, she has ND, and its residents on their first 125 versary. On June 11 to 14, the residents provided leadership on subcommittees years and in wishing them well in the of Napoleon gathered to celebrate their dealing with such diverse issues as future. By honoring Bottineau and all community’s history and founding. health insurance, real property, unem- other historic small towns of North Da- Founded in 1884, Geo H. Cook from ployment insurance, property and cas- kota, we keep the great pioneering Steele, ND, first surveyed and platted ualty insurance, and business regula- frontier spirit alive for future genera- the Napoleon town site. The city was tion. She has chaired the House Facili- tions. It is places such as Bottineau named after the president of the Napo- ties Committee and the Worker’s Com- that have helped shape this country leon Townsite Company, Napoleon pensation Benefit and Insurance Over- into what it is today, which is why this Goodsill. This company constructed sight Committee, as well as the Demo- fine community is deserving of our rec- cratic Party Caucus. ognition. the first building in Napoleon. It soon I ask my colleagues to join me, Dele- Bottineau has a proud past and a became the county seat, a title the city gate Krysiak’s colleagues, family, and bright future.∑ still holds today despite numerous friends in thanking Carolyn for her f challenges over the years. In 1914, Na- dedication and commitment to public poleon became incorporated as a vil- 125TH ANNIVERSARY OF lage and later was recognized as a city service and wishing her a happy birth- BRADDOCK, NORTH DAKOTA day.∑ in 1947. ∑ Mr. CONRAD. Mr. President, I am Located in south central North Da- f pleased today to recognize a commu- kota, Napoleon’s beautiful parks and 125TH ANNIVERSARY OF nity in North Dakota that is cele- recreation provide its residents with BOTTINEAU, NORTH DAKOTA brating its 125th anniversary. On June great enjoyment. Napoleon Country ∑ Mr. CONRAD. Mr. President, I am 25 to 28, the residents of Braddock will Club is a picturesque nine-hole golf pleased today to recognize a commu- gather to celebrate their community’s course located just 1 mile outside of nity in North Dakota that is cele- history and founding. the city. The Napoleon City Park has brating its 125th anniversary. On June Settlers first came to the area in 1883 12 campsites along with basketball, 18 to 21, the residents of Bottineau will and founded Braddock shortly there- tennis, and volleyball courts. Beaver gather to celebrate their community’s after, making it the oldest existing Lake State Park is also nearby which history and founding. town in Emmons County. Located in provides fantastic hunting, fishing, and Originally founded in 1883 as Oak south-central North Dakota, Braddock boating. Creek, the town was designated the was established as the first railroad Today, Napoleon is a rural agricul- county seat in 1884. It changed its town in the county. Frederick Under- tural community that is excited to cel- name to Bottineau, taking its new wood, president of the Soo Railroad, ebrate its quasquicentennial. Cur- name from Pierre Bottineau, a pioneer, named the town in honor of his good rently, Napoleon is building an eleva- hunter, and frontiersman. 3 years later, friend, County Auditor Edward Brad- tor which will provide improved service the town relocated 11⁄2 miles so that it dock. to a unit train for grain hauling, and would be along the newly installed rail- Today, Braddock remains a close- wind farm projects are beginning in the road tracks. The town lies in north- knit community. Though small, Brad- city. central North Dakota and is now home dock is known across the State for the To celebrate its 125th anniversary, to over 2,000 residents. popular Johnny Holm concerts it hosts Napoleon held a number of exciting Today, Bottineau has many things to every year, as well as for the excellent events. The Opening Ceremony in- be proud of. The Bottineau County Fair hunting grounds in the area. The citi- cluded music, city hall dignitaries, and

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15387 a fly over. The festivities continued all meanor, gentle smile, and steadfast tive beers that have been fermented weekend with entertainment such as a commitment to government service. twice, through a time-honored process softball tournament, 4–H and Future She is now retiring from her job as sec- known as the me´thode champenoise. Farmers of America livestock show, retary to the deputy assistant director As a unique way to give back to the craft vendor show, 3 on 3 basketball for the Critical Infrastructure and greater Portland community, the brew- tournament and a magician, followed Fraud Division. Her long and produc- ery has established an Allagash Trib- by street dances at night. The events tive tenure has been honored by many ute Series, whereby the company do- concluded on Sunday with a demolition top government officials, including At- nates $1 from the sale of every bottle of derby. torney General Janet Reno, INS Com- specific beers to local nonprofits, char- Mr. President, I ask the Senate to missioner Doris Meissner, Secretary of ities, and other civic organizations. join me in congratulating Napoleon, Homeland Security Michael Chertoff, For example, sale of the Fluxus variety ND, and its residents on their first 125 and President Bill Clinton, who, in a helps the Allagash Pediatric Scholar- years and in wishing them well in the note written to Ms. Paliani on the oc- ship, established to support the train- future. By honoring Napoleon and all casion of her 80th birthday, wrote that ing of nurses at the Maine Medical Cen- the other historic small towns of North her devotion to her work ‘‘. . . serves ter. Additionally, the sale of Hugh Ma- Dakota, we keep the great tradition of as an example of caring and leadership lone Ale assists the Maine Organic the pioneering frontier spirit alive for to which we can all aspire.’’ I couldn’t Farmers and Gardeners Association, future generations. It is places such as agree more. America’s oldest and largest coalition Napoleon that have helped to shape I extend to Ms. Paliani my sincerest of State organic farmers with over 5,500 this country into what it is today, thanks for her years of service and her members. And Victoria Ale benefits the which is why the community of Napo- dedication to this country that we restoration of downtown Portland’s leon is deserving of our recognition. love, and I wish her all the best on a Victoria Mansion, a national historic Napoleon has a proud past and a well deserved retirement. I know that landmark. ∑ bright future. her friends and coworkers at ICE will In addition to caring for its neigh- f miss her greatly, but I am confident bors, Allagash takes care of its own employees. Mr. Tod offers health care COMMENDING ERMA MARY that she will continue to serve as a model of hard work and commitment to all 20 of his employees. Further- PALIANI more, to invest in his company’s—and, ∑ Mr. LIEBERMAN. Mr. President, for all public servants to emulate. Thank you, Ms. Erma Mary Paliani. therefore, his employees’—future, Mr. Washington is a city of big names and The country is a better place because Tod has already taken advantage of a big personalities, many of whom are of you. We are all grateful for your small business expensing provision used to the recognition and praise that that was part of the Recovery Act comes with a high-profile career in selfless dedication to your government and your Nation.∑ signed into law earlier this year. The public service. But, as we all know, measure provides an extension for 2009 hundreds of thousands of unsung public f of enhanced section 179 small business servants work behind the scenes every COMMENDING ALLAGASH expensing at a level of $250,000, allow- day to secure the future of America BREWING COMPANY ing small businesses in Maine and and improve the lives of its citizens. ∑ Ms. SNOWE. Mr. President, in to- throughout the Nation to make invest- Today, I want to pay tribute to one of day’s uncertain and difficult economic ments in plant and equipment that those public servants, who is as deserv- climate, countless small businesses are they can deduct immediately instead ing of the public’s gratitude and rec- seeking new tools and resources to stay of depreciating over a period of 5, 7, or ognition as any officeholder with a afloat. That is why we passed the more years. This offers entrepreneurs household name: Erma Mary Paliani. American Recovery and Reinvestment like Rob Tod the ability to grow and On July 3, Ms. Paliani, who currently bolster their businesses despite the works for Immigration and Customs Act—to get our economy on the right track, and to help those business own- troubling economic picture. Enforcement, ICE, Office of Investiga- A small brewery with a big heart, ers in need of a lifeline to outlast this tions, will retire after serving her Allagash Brewing Company’s commit- recession. I rise today to recognize a country for over 67 years. Ms. Paliani, ment to community and employees is small brewer from my home State of or ‘‘Ms. Erma’’ as she is affectionately impressive, and a model for other small Maine that is making use of a critical referred to by her coworkers at ICE, is businesses. Additionally, Allagash is provision that was included in the bill. the longest serving employee in the De- working in smart and effective ways to Allagash Brewing Company is a small partment of Homeland Security and emerge from this recession stronger brewery based in Maine’s largest city, the eighth longest serving employee in than before. I commend Rob Tod and Portland. Founded in 1995 by owner the Federal Government. Her dedica- everyone at Allagash for their stellar Rob Tod, Allagash’s mission was to fill tion to public service is truly an inspi- work ethic and their fine products, and a missing niche in American craft ration and should serve as an example wish them much success in crafting a brewing movement—Belgian style to us all. solid future.∑ Born in Ambridge, PA, in 1917, Ms. beers. Mr. Tod noticed the prevalence f Paliani entered public service as a stu- of British and German style beers, but dent at Ambridge Senior High School, felt that consumers were missing out MESSAGES FROM THE PRESIDENT serving as a youth worker for the Na- on a quality product. And so, he began Messages from the President of the tional Youth Administration of the producing Allagash White, his version United States were communicated to War Department in 1936. In 1940, she of- of the traditional Belgian white beer. the Senate by Mr. Williams, one of his ficially began her Federal career work- It was an immediate hit in the Port- secretaries. land area, and Mr. Tod soon began ing for the War Department’s Museum f Project. In March 1947, Ms. Paliani shipping the beer across Maine. He also joined the Immigration and Naturaliza- hired two additional brewers and em- EXECUTIVE MESSAGES REFERRED tion Service, INS, Philadelphia office. barked on the production of a new As in executive session the Presiding And 2 years later, she was transferred Allagash Double Ale, modeled after an- Officer laid before the Senate messages to the INS headquarters in Washington other Belgian style established by from the President of the United DC, where she has spent the last 60 Trappist monks centuries ago, and still States submitting sundry nominations years working to make our Nation’s popular to this day. Over time, and a withdrawal which were referred immigration system work more effi- Allagash’s line of beers has grown to to the appropriate committees. ciently. include roughly 20 exquisite styles (The nominations received today are At the INS, Ms. Paliani quickly available in over 20 States nationwide, printed at the end of the Senate pro- gained a reputation for her friendly de- including a ‘‘Reserve’’ line of distinc- ceedings.)

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15388 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 MESSAGES FROM THE HOUSE to the Committee on Homeland Security and EC–2020. A communication from the Chief Governmental Affairs. Counsel, Federal Emergency Management At 9:33 a.m., a message from the f Agency, Department of Homeland Security, House of Representatives, delivered by transmitting, pursuant to law, the report of Mrs. Cole, one of its reading clerks, an- EXECUTIVE AND OTHER a rule entitled ‘‘Changes in Flood Elevation nounced that the House agrees to the COMMUNICATIONS Determinations; Interim Rule’’ ((44 CFR report of the committee of conference The following communications were Part 65)(Docket ID FEMA–2008–0020)) re- on the disagreeing votes of the two ceived in the Office of the President of the laid before the Senate, together with Senate on June 12, 2009; to the Committee on Houses on the bill (H.R. 2346) making accompanying papers, reports, and doc- supplemental appropriations for the Banking, Housing, and Urban Affairs. uments, and were referred as indicated: EC–2021. A communication from the Chief fiscal year ending September 30, 2009, EC–2011. A communication from the Execu- Counsel, Federal Emergency Management and for other purposes. tive Director, Commodity Futures Trading Agency, Department of Homeland Security, Commission, transmitting, pursuant to law, transmitting, pursuant to law, the report of At 11:14 a.m., a message from the the report of a rule entitled ‘‘Significant a rule entitled ‘‘Suspension of Community House of Representatives, delivered by Price Discovery Contracts on Exempt Com- Eligibility; Final Rule’’ ((44 CFR Part Mrs. Cole, one of its reading clerks, an- mercial Markets; Final Rule’’ (RIN3038– 64)(Docket ID FEMA–2008–0020)) received in nounced that the House has passed the AC76) received in the Office of the President the Office of the President of the Senate on following bill, without amendment: of the Senate on June 11, 2009; to the Com- June 12, 2009; to the Committee on Banking, Housing, and Urban Affairs. S. 614. An act to award a Congressional mittee on Agriculture, Nutrition, and For- EC–2022. A communication from the Gen- Gold Medal to the Women Airforce Service estry. eral Counsel of the Department of Housing Pilots (‘‘WASP’’). EC–2012. A communication from the Execu- tive Director, Commodity Futures Trading and Urban Development, transmitting, pur- The message also announced that the Commission, transmitting, pursuant to law, suant to law, a report of a confirmation in House has passed the following bills, in the report of a rule entitled ‘‘Conflicts of In- the position of Assistant Secretary for Pub- which it requests the concurrence of terest in Self-Regulation and Self-Regu- lic and Indian Housing in the Department of the Senate: latory Organizations’’ (RIN3038–AC28) re- Housing and Urban Development; to the H.R. 403. An act to provide housing assist- ceived in the Office of the President of the Committee on Banking, Housing, and Urban ance for very low-income veterans. Senate on June 11, 2009; to the Committee on Affairs. H.R. 780. An act to promote the safe use of Agriculture, Nutrition, and Forestry. EC–2023. A communication from the Chief the Internet by students, and for other pur- EC–2013. A communication from the Gen- of Staff, Media Bureau, Federal Communica- poses. eral Counsel of the Department of Defense, tions Commission, transmitting, pursuant to H.R. 1674. An act to amend the National transmitting, the report of proposed legisla- law, the report of a rule entitled ‘‘Television Consumer Cooperative Bank Act to allow for tion relative to the Defense Cyber Crime Broadcasting Services; Bismarck, North Da- the treatment of the nonprofit corporation Center: Authority to Admit Private Sector kota’’ ((DA 09–1236)(MB Docket No. 08–134)) affiliate of the Bank as a community devel- Civilians to Cyber Security Courses and the received in the Office of the President of the opment financial institution for purposes of National Defense Authorization Bill for Fis- Senate on June 16, 2009; to the Committee on the Community Development Banking and cal Year 2010; to the Committee on Armed Commerce, Science, and Transportation. Financial Institutions Act of 1994. Services. EC–2024. A communication from the Acting H.R. 2247. An act to amend title 5, United EC–2014. A communication from the Gen- Administrator, Transportation Security Ad- States Code, to make technical amendments eral Counsel of the Department of Defense, ministration, Department of Homeland Se- to certain provisions of title 5, United States transmitting, the report of proposed legisla- curity, transmitting, the report of proposed Code, enacted by the Congressional Review tion relative to the National Defense Au- legislation relative to authorizing the Trans- Act. thorization Bill for Fiscal Year 2010; to the portation Security Administration to adjust H.R. 2470. An act to designate the facility Committee on Armed Services. the fee imposed on passengers of air carriers of the United States Postal Service located EC–2015. A communication from the Sec- and foreign air carriers to pay the costs of at 19190 Cochran Boulevard FRNT in Port retary of Defense, transmitting a report on aviation security and for other purposes; to Charlotte, Florida, as the ‘‘Lieutenant Com- the approved retirement of Lieutenant Gen- the Committee on Commerce, Science, and mander Roy H. Boehm Post Office Building’’. eral Richard S. Kramlich, United States Ma- Transportation. rine Corps, and his advancement to the grade EC–2025. A communication from the Chief f of lieutenant general on the retired list; to of Staff, Media Bureau, Federal Communica- MEASURES REFERRED the Committee on Armed Services. tions Commission, transmitting, pursuant to EC–2016. A communication from the Under law, the report of a rule entitled ‘‘Television The following bills were read the first Secretary of Defense for Acquisition, Tech- Broadcasting Services; Canton, Ohio’’ ((DA and the second times by unanimous nology and Logistics, transmitting, pursuant 09–1209)(MB Docket No. 08–126)) received in consent, and referred as indicated: to law, a report relative to the E–2D Ad- the Office of the President of the Senate on H.R. 403. An act to provide housing assist- vanced Hawkeye (AHE) Program; to the June 12, 2009; to the Committee on Com- ance for very low-income veterans; to the Committee on Armed Services. merce, Science, and Transportation. Committee on Banking, Housing, and Urban EC–2017. A communication from the Sec- EC–2026. A communication from the Chief Affairs. retary of the Treasury, transmitting, pursu- of Staff, Media Bureau, Federal Communica- H.R. 780. An act to promote the safe use of ant to law, the six-month periodic report on tions Commission, transmitting, pursuant to the Internet by students, and for other pur- the national emergency with respect to the law, the report of a rule entitled ‘‘Television poses; to the Committee on Health, Edu- Western Balkans that was declared in Execu- Broadcasting Services; Spokane, Wash- cation, Labor, and Pensions. tive Order 13219 of June 26, 2001; to the Com- ington’’ ((DA 09–1225)(MB Docket No. 08–129)) H.R. 1674. An act to amend the National mittee on Banking, Housing, and Urban Af- received in the Office of the President of the Consumer Cooperative Bank Act to allow for fairs. Senate on June 12, 2009; to the Committee on the treatment of the nonprofit corporation EC–2018. A communication from the Sec- Commerce, Science, and Transportation. affiliate of the Bank as a community devel- retary of the Treasury, transmitting, pursu- EC–2027. A communication from the Dep- opment financial institution for purposes of ant to law, the six-month periodic report on uty Assistant Administrator for Operations, the Community Development Banking and the national emergency with respect to National Marine Fisheries Service, Depart- Financial Institutions Act of 1994; to the North Korea that was declared in Executive ment of Commerce, transmitting, pursuant Committee on Banking, Housing, and Urban Order 13466 of June 26, 2008; to the Com- to law, the report of a rule entitled ‘‘Atlan- Affairs. mittee on Banking, Housing, and Urban Af- tic Highly Migratory Species; 2009 Atlantic H.R. 2247. An act to amend title 5, United fairs. Bluefin Tuna Quota Specifications and Ef- States Code, to make technical amendments EC–2019. A communication from the Chief fort Controls’’ (RIN0648–AX12) received in to certain provisions of title 5, United States Counsel, Federal Emergency Management the Office of the President of the Senate on Code, enacted by the Congressional Review Agency, Department of Homeland Security, June 11, 2009; to the Committee on Com- Act; to the Committee on Homeland Secu- transmitting, pursuant to law, the report of merce, Science, and Transportation. rity and Governmental Affairs. a rule entitled ‘‘Suspension of Community EC–2028. A communication from the Direc- H.R. 2470. An act to designate the facility Eligibility’’ ((44 CFR Part 64)(Docket ID tor, Regulatory Management Division, Envi- of the United States Postal Service located FEMA–2008–0020)) received in the Office of ronmental Protection Agency, transmitting, at 19190 Cochran Boulevard FRNT in Port the President of the Senate on June 12, 2009; pursuant to law, the report of a rule entitled Charlotte, Florida, as the ‘‘Lieutenant Com- to the Committee on Banking, Housing, and ‘‘Rulemaking to Reaffirm the Promulgation mander Roy H. Boehm Post Office Building’’; Urban Affairs. of Revisions of the Acid Rain Program

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.001 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15389 Rules’’ (RIN2060–AP35) received in the Office tion 7874 Regarding Surrogate Foreign Cor- By Mr. NELSON of Nebraska (for him- of the President of the Senate on June 11, porations’’ (RIN1545–BI81) received in the Of- self, Mr. HATCH, Mr. BEGICH, Mr. 2009; to the Committee on Environment and fice of the President of the Senate on June THUNE, Mr. TESTER, Mr. JOHANNS, Public Works. 11, 2009; to the Committee on Finance. Mr. DORGAN, and Ms. MURKOWSKI): EC–2029. A communication from the Direc- EC–2037. A communication from the Chief S. 1279. A bill to amend the Medicare Pre- tor, Regulatory Management Division, Envi- of Publications and Regulations, Internal scription Drug, Improvement, and Mod- ronmental Protection Agency, transmitting, Revenue Service, Department of the Treas- ernization Act of 2003 to extend the Rural pursuant to law, the report of a rule entitled ury, transmitting, pursuant to law, the re- Community Hospital Demonstration Pro- ‘‘Inclusion of CERCLA Section 128(a) State port of a rule entitled ‘‘Application of Sepa- gram; to the Committee on Finance. Response Programs and Tribal Response Pro- rate Limitations to Dividends from Noncon- By Mr. CORKER (for himself, Mr. WAR- grams’’ (RIN2050–AG53) received in the Office trolled Section 902 Corporations’’ (RIN1545– NER, and Mr. BENNETT): of the President of the Senate on June 11, BB28) received in the Office of the President S. 1280. A bill to authorize the Secretary of 2009; to the Committee on Environment and of the Senate on June 11, 2009; to the Com- the Treasury to delegate management au- Public Works. mittee on Finance. thority over troubled assets purchased under EC–2038. A communication from the Broad- EC–2030. A communication from the Direc- the Troubled Asset Relief Program, to re- casting Board of Governors, transmitting, tor, Regulatory Management Division, Envi- quire the establishment of a trust to manage pursuant to law, the report of proposed legis- ronmental Protection Agency, transmitting, assets of certain designated TARP recipi- lation relative to Radio Free Asia and Radio pursuant to law, the report of a rule entitled ents, and for other purposes; to the Com- Free Europe/Radio Liberty; to the Com- ‘‘Approval and Promulgation of Air Quality mittee on Banking, Housing, and Urban Af- mittee on Foreign Relations. Implementation Plans; Virginia; Northern fairs. EC–2039. A communication from the Sec- Virginia Reasonably Available Control Tech- By Mrs. LINCOLN (for herself and Mr. retary of the Department of Education, nology Under the 8–Hour Ozone National BEGICH): Ambient Air Quality Standard’’ (FRL No. transmitting, pursuant to law, the Semi- S. 1281. A bill to enhance after-school pro- 898–2) received in the Office of the President annual Report from the Office of the Inspec- grams in rural areas of the United States by of the Senate on June 11, 2009; to the Com- tor General for the period from October 1, establishing a pilot program to help commu- mittee on Environment and Public Works. 2008, through March 31, 2009; to the Com- nities establish and improve rural after- EC–2031. A communication from the Direc- mittee on Homeland Security and Govern- school programs; to the Committee on tor, Regulatory Management Division, Envi- mental Affairs. Health, Education, Labor, and Pensions. ronmental Protection Agency, transmitting, EC–2040. A communication from the Dis- By Mr. BROWNBACK (for himself, Mr. pursuant to law, the report of a rule entitled trict of Columbia Auditor, transmitting a re- ALEXANDER, Mr. CHAMBLISS, Mr. ‘‘Alkyl Amine Polyalkoxylates; Exemption port entitled ‘‘Letter Report: Sufficiency Re- COBURN, Mr. CORKER, Mr. CORNYN, from the Requirement of a Tolerance’’ (FRL view of the Water and Sewer Authority’s Fis- Mr. CRAPO, Mr. ENSIGN, Mr. ENZI, Mr. No. 8418–6) received in the Office of the Presi- cal Year 2009 Revenue Estimate in Support GRAHAM, Mrs. HUTCHISON, Mr. dent of the Senate on June 11, 2009; to the of the Issuance of $300,000,000 in Public Util- INHOFE, Mr. ISAKSON, Mr. JOHANNS, Committee on Environment and Public ity Senior Lien Revenue Bonds (Series Mr. KYL, Mr. MARTINEZ, Mr. MCCAIN, Works. 2009A)’’; to the Committee on Homeland Se- Mr. RISCH, Mr. THUNE, Mr. VITTER, EC–2032. A communication from the Direc- curity and Governmental Affairs. and Mr. VOINOVICH): tor, Regulatory Management Division, Envi- EC–2041. A communication from the Acting ronmental Protection Agency, transmitting, Administrator, General Services Administra- S. 1282. A bill to establish a Commission on pursuant to law, the report of a rule entitled tion, Department of Defense and National Congressional Budgetary Accountability and ‘‘Approval and Promulgation of Air Quality Aeronautics and Space Administration, Review of Federal Agencies; to the Com- Implementation Plans; District of Columbia; transmitting, a report relative to the Fiscal mittee on Homeland Security and Govern- Reasonably Available Control Technology Year 2010 Capital Investment and Leasing mental Affairs. Under the 8–Hour Ozone National Ambient Program; to the Committee on Homeland Se- By Mr. SCHUMER: Air Quality Standard’’ (FRL No. 8918–1) re- curity and Governmental Affairs. S. 1283. A bill to require persons that oper- EC–2042. A communication from the Ad- ceived in the Office of the President of the ate Internet websites that sell airline tickets ministrator of the Small Business Adminis- Senate on June 11, 2009; to the Committee on to disclose to the purchaser of each ticket tration, transmitting, pursuant to law, the Environment and Public Works. the air carrier that operates each segment of Semiannual Report from the Office of the In- EC–2033. A communication from the Acting the flight, and for other purposes; to the spector General for the period from October Assistant Secretary of the Army (Civil Committee on Commerce, Science, and 1, 2008, through March 31, 2009; to the Com- Works), Department of the Army, transmit- Transportation. mittee on Homeland Security and Govern- ting, pursuant to law, a report relative to By Ms. SNOWE (for herself and Mrs. mental Affairs. the Louisiana Coastal Wetlands Conserva- BOXER): tion and Restoration Task Force; to the f S. 1284. A bill to require the implementa- Committee on Environment and Public REPORTS OF COMMITTEES tion of certain recommendations of the Na- Works. tional Transportation Safety Board, to re- EC–2034. A communication from the Chief The following reports of committees quire the establishment of national stand- of the Border Security Regulations Branch, were submitted: ards with respect to flight requirements for Customs and Border Protection, Department By Mr. INOUYE, from the Committee on pilots, to require the development of fatigue of Homeland Security, transmitting, pursu- Appropriations: management plans, and for other purposes; ant to law, the report of a rule entitled ‘‘Ex- Special Report entitled ‘‘Revised Alloca- to the Committee on Commerce, Science, tension of Port Limits of Dayton, Ohio, and tion to Subcommittees of Budget Totals and Transportation. Termination of the User–fee Status of Air- From the Concurrent Resolution, Fiscal By Mr. LIEBERMAN (for himself and borne Airpark in Wilmington, Ohio’’ (CPB Year 2009’’ (Rept. No. 111–28). Mr. GRAHAM): Dec. 09–19) received in the Office of the Presi- f S. 1285. A bill to provide that certain pho- dent of the Senate on June 12 , 2009; to the tographic records relating to the treatment Committee on Finance. INTRODUCTION OF BILLS AND of any individual engaged, captured, or de- EC–2035. A communication from the Chief JOINT RESOLUTIONS tained after September 11, 2001, by the of Publications and Regulations, Internal The following bills and joint resolu- Armed Forces of the United States in oper- Revenue Service, Department of the Treas- ations outside the United States shall not be ury, transmitting, pursuant to law, the re- tions were introduced, read the first subject to disclosure under section 552 of port of a rule entitled ‘‘Election of Invest- and second times by unanimous con- title 5, United States Code (commonly re- ment of Tax Credit in Lieu of Production sent, and referred as indicated: ferred to as the Freedom of Information Tax Credit; Coordination with Department of By Mrs. SHAHEEN: Act), to amend section 552(b)(3) of title 5, Treasury Grants for Specified Energy Prop- S. 1277. A bill to extend the temporary sus- United States Code (commonly referred to as erty in Lieu of Tax Credits’’ (Notice No. 2009– pension of duty on bitolylene diisocyanate the Freedom of Information Act) to provide 52) received in the Office of the President of (TODI); to the Committee on Finance. that statutory exemptions to disclosure re- the Senate on June 11, 2009; to the Com- By Mr. ROCKEFELLER (for himself quirements of that Act shall specifically cite mittee on Finance. and Mr. BROWN): to the provision of that Act authorizing ex- EC–2036. A communication from the Chief S. 1278. A bill to establish the Consumers emptions, to ensure and open and delibera- of Publications and Regulations, Internal Choice Health Plan, a public health insur- tive process in Congress by providing for re- Revenue Service, Department of the Treas- ance plan that provides an affordable and ac- lated legislative proposals to explicitly state ury, transmitting, pursuant to law, the re- countable health insurance option for con- such required citations, and for other pur- port of a rule entitled ‘‘Guidance Under Sec- sumers; to the Committee on Finance. poses; considered and passed.

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SUBMISSION OF CONCURRENT AND ruminants and swine, from Argentina NET) was added as a cosponsor of S. 866, SENATE RESOLUTIONS until the Secretary of Agriculture cer- a bill to amend the Elementary and The following concurrent resolutions tifies to Congress that every region of Secondary Education Act of 1965 re- and Senate resolutions were read, and Argentina is free of foot and mouth dis- garding environmental education, and referred (or acted upon), as indicated: ease without vaccination. for other purposes. By Mrs. SHAHEEN (for herself, Ms. S. 384 S. 878 KLOBUCHAR, Mrs. BOXER, Mrs. MUR- At the request of Mr. CASEY, the At the request of Mr. LAUTENBERG, RAY, Mr. DURBIN, Mr. DODD, Mr. name of the Senator from Illinois (Mr. the name of the Senator from Cali- SCHUMER, Mr. LAUTENBERG, Ms. MI- BURRIS) was added as a cosponsor of S. fornia (Mrs. BOXER) was added as a co- KULSKI, Ms. LANDRIEU, Mrs. GILLI- 384, a bill to authorize appropriations sponsor of S. 878, a bill to amend the BRAND, Mr. HARKIN, Mr. CARPER, Mr. for fiscal years 2010 through 2014 to pro- Federal Water Pollution Control Act to SANDERS, Mr. KAUFMAN, Mr. WYDEN, vide assistance to foreign countries to modify provisions relating to beach Mr. KERRY, Mr. LIEBERMAN, Mr. promote food security, to stimulate monitoring, and for other purposes. UDALL of New Mexico, Mr. LEVIN, Mr. BROWN, Mr. WHITEHOUSE, Mr. BURRIS, rural economies, and to improve emer- S. 883 Mr. UDALL of Colorado, Ms. STABE- gency response to food crises, to amend At the request of Mr. KERRY, the NOW, Mr. BAUCUS, Ms. CANTWELL, Mr. the Foreign Assistance Act of 1961, and names of the Senator from Illinois (Mr. BINGAMAN, Mr. INOUYE, Mr. CARDIN, for other purposes. BURRIS), the Senator from New Jersey Mr. SPECTER, Mr. JOHNSON, Mr. FEIN- S. 546 (Mr. MENENDEZ) and the Senator from GOLD, Mr. LEAHY, Mr. TESTER, Ms. At the request of Mr. REID, the name South Carolina (Mr. DEMINT) were SNOWE, Mr. BEGICH, Mr. AKAKA, Mr. of the Senator from Kansas (Mr. added as cosponsors of S. 883, a bill to BENNET, Mrs. FEINSTEIN, Mr. WAR- BROWNBACK) was added as a cosponsor NER, Mrs. MCCASKILL, Mr. REED, Mr. require the Secretary of the Treasury KENNEDY, Mr. MERKLEY, and Mrs. of S. 546, a bill to amend title 10, to mint coins in recognition and cele- LINCOLN): United States Code, to permit certain bration of the establishment of the S. Res. 187. A resolution condemning the retired members of the uniformed serv- Medal of Honor in 1861, America’s high- use of violence against providers of health ices who have a service-connected dis- est award for valor in action against an care services to women; to the Committee on ability to receive both disability com- enemy force which can be bestowed the Judiciary. pensation from the Department of Vet- upon an individual serving in the By Mrs. BOXER (for herself and Mrs. erans Affairs for their disability and ei- Armed Services of the United States, FEINSTEIN): S. Res. 188. A resolution congratulating the ther retired pay by reason of their to honor the American military men Los Angeles Lakers for winning the 2009 Na- years of military service or Combat- and women who have been recipients of tional Basketball Championship; considered Related Special Compensation. the Medal of Honor, and to promote and agreed to. S. 627 awareness of what the Medal of Honor f At the request of Mr. KOHL, the name represents and how ordinary Ameri- cans, through courage, sacrifice, self- ADDITIONAL COSPONSORS of the Senator from North Carolina (Mrs. HAGAN) was added as a cosponsor less service and patriotism, can chal- S. 144 of S. 627, a bill to authorize the Sec- lenge fate and change the course of his- At the request of Mr. KERRY, the retary of Education to make grants to tory. name of the Senator from North Da- support early college high schools and S. 908 kota (Mr. CONRAD) was added as a co- other dual enrollment programs. At the request of Mr. BAYH, the name sponsor of S. 144, a bill to amend the S. 801 of the Senator from Virginia (Mr. WAR- Internal Revenue Code of 1986 to re- At the request of Mr. AKAKA, the NER) was added as a cosponsor of S. 908, move cell phones from listed property name of the Senator from Alaska (Ms. a bill to amend the Iran Sanctions Act under section 280F. MURKOWSKI) was added as a cosponsor of 1996 to enhance United States diplo- S. 151 of S. 801, a bill to amend title 38, matic efforts with respect to Iran by At the request of Mr. MCCAIN, the United States Code, to waive charges expanding economic sanctions against name of the Senator from North Da- for humanitarian care provided by the Iran. kota (Mr. DORGAN) was added as a co- Department of Veterans Affairs to fam- S. 937 sponsor of S. 151, a bill to protect In- ily members accompanying veterans At the request of Mr. LAUTENBERG, dian arts and crafts through the im- severely injured after September 11, the names of the Senator from Cali- provement of applicable criminal pro- 2001, as they receive medical care from fornia (Mrs. BOXER) and the Senator ceedings, and for other purposes. the Department and to provide assist- from Minnesota (Ms. KLOBUCHAR) were S. 210 ance to family caregivers, and for other added as cosponsors of S. 937, a bill to At the request of Mrs. BOXER, the purposes. amend the Federal Water Pollution name of the Senator from New York S. 823 Control Act to ensure that sewage (Mrs. GILLIBRAND) was added as a co- At the request of Ms. SNOWE, the treatment plants monitor for and re- sponsor of S. 210, a bill to amend the name of the Senator from Washington port discharges of raw sewage, and for Internal Revenue Code of 1986 to in- (Mrs. MURRAY) was added as a cospon- other purposes. crease the credit for employers estab- sor of S. 823, a bill to amend the Inter- S. 941 lishing workplace child care facilities, nal Revenue Code of 1986 to allow a 5- At the request of Mr. CRAPO, the to increase the child care credit to en- year carryback of operating losses, and name of the Senator from Kansas (Mr. courage greater use of quality child for other purposes. BROWNBACK) was added as a cosponsor care services, to provide incentives for S. 841 of S. 941, a bill to reform the Bureau of students to earn child care-related de- At the request of Mr. KERRY, the Alcohol, Tobacco, Firearms, and Explo- grees and to work in child care facili- name of the Senator from Maryland sives, modernize firearm laws and regu- ties, and to increase the exclusion for (Mr. CARDIN) was added as a cosponsor lations, protect the community from employer-provided dependent care as- of S. 841, a bill to direct the Secretary criminals, and for other purposes. sistance. of Transportation to study and estab- S. 1004 S. 337 lish a motor vehicle safety standard At the request of Mrs. LINCOLN, the At the request of Mr. JOHNSON, the that provides for a means of alerting name of the Senator from Wisconsin name of the Senator from California blind and other pedestrians of motor (Mr. KOHL) was added as a cosponsor of (Mrs. BOXER) was added as a cosponsor vehicle operation. S. 1004, a bill to amend title XVIII of of S. 337, a bill to prohibit the importa- S. 866 the Social Security Act to provide tion of ruminants and swine, and fresh At the request of Mr. REED, the name Medicare beneficiaries with access to and frozen meat and products of of the Senator from Colorado (Mr. BEN- geriatric assessments and chronic care

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management and coordination serv- COLLINS) was added as a cosponsor of S. support of Congress for the mandate of ices, and for other purposes. 1183, a bill to authorize the Secretary the Special Envoy to Monitor and Com- S. 1023 of Agriculture to provide assistance to bat Anti-Semitism, and for other pur- At the request of Mr. DORGAN, the the Government of Haiti to end within poses. names of the Senator from Pennsyl- 5 years the deforestation in Haiti and S. CON. RES. 25 vania (Mr. CASEY), the Senator from restore within 30 years the extent of New Jersey (Mr. LAUTENBERG) and the tropical forest cover in existence in At the request of Mr. MENENDEZ, the Senator from North Dakota (Mr. CON- Haiti in 1990, and for other purposes. name of the Senator from Idaho (Mr. RAD) were added as cosponsors of S. S. 1184 RISCH) was added as a cosponsor of S. 1023, a bill to establish a non-profit cor- At the request of Mr. VITTER, the Con. Res. 25, a concurrent resolution poration to communicate United name of the Senator from Mississippi recognizing the value and benefits that States entry policies and otherwise (Mr. WICKER) was added as a cosponsor community health centers provide as promote leisure, business, and schol- of S. 1184, a bill to amend the National health care homes for over 18,000,000 in- arly travel to the United States. Labor Relations Act to permit employ- dividuals, and the importance of ena- S. 1065 ers to pay higher wages to their em- bling health centers and other safety At the request of Mr. BROWNBACK, the ployees. net providers to continue to offer ac- cessible, affordable, and continuous name of the Senator from California S. 1207 care to their current patients and to (Mrs. BOXER) was added as a cosponsor At the request of Mr. WARNER, the of S. 1065, a bill to authorize State and name of the Senator from Virginia (Mr. every American who lacks access to preventive and primary care services. local governments to direct divestiture WEBB) was added as a cosponsor of S. from, and prevent investment in, com- 1207, a bill to authorize the Secretary S. CON. RES. 26 panies with investments of $20,000,000 of the Interior to study the suitability or more in Iran’s energy sector, and for At the request of Mr. HARKIN, the and feasibility of designating the Na- names of the Senator from Rhode Is- other purposes. tional D-Day Memorial in Bedford, Vir- land (Mr. WHITEHOUSE), the Senator S. 1066 ginia, as a unit of the National Park from Maryland (Mr. CARDIN), the Sen- At the request of Mr. SCHUMER, the System. name of the Senator from Arkansas ator from Indiana (Mr. BAYH) and the S. 1230 (Mrs. LINCOLN) was added as a cospon- Senator from California (Mrs. FEIN- At the request of Mr. ISAKSON, the STEIN) were added as cosponsors of S. sor of S. 1066, a bill to amend title names of the Senator from North Caro- XVIII of the Social Security Act to Con. Res. 26, a concurrent resolution lina (Mr. BURR) and the Senator from preserve access to ambulance services apologizing for the enslavement and ra- Florida (Mr. MARTINEZ) were added as under the Medicare program. cial segregation of African Americans. cosponsors of S. 1230, a bill to amend S. 1099 the Internal Revenue Code of 1986 to S. RES. 153 At the request of Mr. COBURN, the provide a Federal income tax credit for At the request of Mr. KAUFMAN, his name of the Senator from Georgia (Mr. certain home purchases. name was added as a cosponsor of S. ISAKSON) was added as a cosponsor of S. S. 1249 Res. 153, a resolution expressing the 1099, a bill to provide comprehensive At the request of Ms. KLOBUCHAR, the sense of the Senate on the restitution solutions for the health care system of of or compensation for property seized the United States, and for other pur- names of the Senator from Wisconsin OHL during the Nazi and Communist eras. poses. (Mr. K ) and the Senator from Wis- consin (Mr. FEINGOLD) were added as S. 1131 AMENDMENT NO. 1303 cosponsors of S. 1249, a bill to amend At the request of Mr. WYDEN, the title XVIII of the Social Security Act At the request of Ms. LANDRIEU, the name of the Senator from Georgia (Mr. to create a value indexing mechanism names of the Senator from Iowa (Mr. ISAKSON) was added as a cosponsor of S. HARKIN) and the Senator from Mary- 1131, a bill to amend title XVIII of the for the physician work component of the Medicare physician fee schedule. land (Mr. CARDIN) were added as co- Social Security Act to provide certain sponsors of amendment No. 1303 in- high cost Medicare beneficiaries suf- S. 1265 At the request of Mr. CORNYN, the tended to be proposed to S. 1023, a bill fering from multiple chronic condi- to establish a non-profit corporation to tions with access to coordinated, pri- name of the Senator from Iowa (Mr. GRASSLEY) was added as a cosponsor of communicate United States entry poli- mary care medical services in lower cies and otherwise promote leisure, cost treatment settings, such as their S. 1265, a bill to amend the National Voter Registration Act of 1993 to pro- business, and scholarly travel to the residences, under a plan of care devel- United States. oped by a team of qualified and experi- vide members of the Armed Forces and enced health care professionals. their family members equal access to AMENDMENT NO. 1311 voter registration assistance, and for S. 1135 At the request of Ms. COLLINS, her At the request of Ms. STABENOW, the other purposes. name was added as a cosponsor of name of the Senator from Indiana (Mr. S.J. RES. 17 amendment No. 1311 intended to be pro- BAYH) was added as a cosponsor of S. At the request of Mr. MCCONNELL, posed to S. 1023, a bill to establish a 1135, a bill to establish a voluntary pro- the names of the Senator from Maine non-profit corporation to communicate gram in the National Highway Traffic (Ms. COLLINS), the Senator from Ari- United States entry policies and other- Safety Administration to encourage zona (Mr. KYL) and the Senator from wise promote leisure, business, and consumers to trade-in older vehicles Utah (Mr. BENNETT) were added as co- scholarly travel to the United States. for more fuel efficient vehicles, and for sponsors of S.J. Res. 17, a joint resolu- other purposes. tion approving the renewal of import AMENDMENT NO. 1312 S. 1136 restrictions contained in the Burmese At the request of Mr. SANDERS, the At the request of Ms. STABENOW, the Freedom and Democracy Act of 2003, names of the Senator from Michigan name of the Senator from Colorado and for other purposes. (Ms. STABENOW) and the Senator from (Mr. BENNET) was added as a cosponsor S. CON. RES. 11 New York (Mr. SCHUMER) were added as of S. 1136, a bill to establish a chronic At the request of Ms. COLLINS, the cosponsors of amendment No. 1312 in- care improvement demonstration pro- names of the Senator from Missouri tended to be proposed to S. 1023, a bill gram for Medicaid beneficiaries with (Mr. BOND) and the Senator from Okla- to establish a non-profit corporation to severe mental illnesses. homa (Mr. INHOFE) were added as co- communicate United States entry poli- S. 1183 sponsors of S. Con. Res. 11, a concur- cies and otherwise promote leisure, At the request of Mr. DURBIN, the rent resolution condemning all forms business, and scholarly travel to the name of the Senator from Maine (Ms. of anti-Semitism and reaffirming the United States.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15392 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 STATEMENTS ON INTRODUCED The private health insurance market ing risk and increasing profits. The BILLS AND JOINT RESOLUTIONS has significantly contributed to the Consumer Choice Health Plan will be By Mr. ROCKEFELLER (for him- broken nature of our health care sys- available for all individuals and small self and Mr. BROWN): tem, with a long history of cutting cov- businesses, regardless of health status, S. 1278. A bill to establish the Con- erage off or charging too much for too and will not be concerned with paying sumers Choice Health Plan, a public little. A public plan option—repeat, op- a CEO salary or broker commissions. health insurance plan that provides an tion—is an effective way to bring com- The Consumers Health Care Act will affordable and accountable health in- petition to the insurance market, hold increase transparency and account- surance option for consumers; to the down costs, and encourage innovation ability throughout the health insur- Committee on Finance. and quality improvements. To deny ance market, as well as give individ- Mr. ROCKEFELLER. Mr. President, this option is not only shortsighted, uals guaranteed access to health care there is a stark choice looming before but downright harmful. coverage should they be denied or Congress. It is the choice between en- Everyone knows the sobering statis- priced out of affordable private insur- acting a comprehensive reform bill tics that have highlighted the need for ance coverage. Currently, insurers are that truly improves our health care comprehensive health reform. More allowed to operate in a black box, with system for the American people or en- than 45 million Americans are unin- little oversight of their coverage and acting a mediocre reform bill that sured and another 25 million are under- payment decisions. Individuals with largely maintains the status quo— insured. Since 1909, the average health pre-existing conditions are routinely which is an ineffective and costly insurance premium for a family has in- denied access to affordable care. For health care system run by the insur- creased by 119 percent, from $5,791 in years, United Health was able to under- ance industry. I know that most of my 1999 to $12,680 in 2008. Yet, Americans pay providers and overcharge patients colleagues want the former—a 21st have seen their benefits decrease and for out-of-network services. The Con- Century health care system that pro- have faced substantially larger out-of- sumers Health Care Act will address this and other issues by bringing great- vides meaningful and affordable cov- pocket expenses. An estimated 62 per- er transparency to the private health erage for all, improves health out- cent of all personal bankruptcies in- insurance market. comes, and brings accountability and volve medical expenses and 78 percent of the individuals who cited medical Consumer Choice Health Plans will responsibility back into health care. serve as a vital safety-net of coverage I am absolutely convinced that the expenses in their bankruptcy claims for individuals and families that have inclusion of a strong public health in- had health insurance. Health care costs been unable to obtain affordable and surance plan option is the only way to already consume 17 percent of the comprehensive health care coverage guarantee that all consumers have af- United State’s gross domestic product, through the private market. A private fordable, adequate, and accountable op- which everyone can agree is insurance company’s desire to earn tions available in the insurance mar- unsustainable. However, representing the great greater profits will always trump over ketplace. It is for this reason that I the need to make health care coverage rise today with my good friend, Sen- state of West Virginia has shown me that the need for health reform is far affordable and accessible to all Ameri- ator SHERROD BROWN of Ohio, to intro- cans, and greater insurance regulation duce the Consumers Health Care Act of more essential and personal than frightening statistics could ever show. is not enough. The Consumers Health 2009—legislation to provide a strong Care Act is necessary in order to public plan option in the National I have listened at roundtable discus- sions where West Virginians described achieve the sustainable change that Health Insurance Exchange. the health care system in this country One of the most contentious, yet how the current health care system has failed them. One woman was really needs. critical, pieces of the national health I trust the good sense of the Amer- struggling to care for both herself and care reform effort is whether or not ican public to choose the health cov- her son. She was uninsured because her Americans should have the option to erage they want, and they deserve the son, who had a serious brain disorder, buy their health insurance from a pub- choice of a public plan with lower costs needed 24 hour a day, seven day a week, licly run organization. In other words, and the guarantee of always being assistance. Another family wrote to me in addition to choosing among numer- there when they need it. The American because their son, who was born with ous health plans run by private insur- people trust us to get this right and de- serious congenital heart defects, had ers, should consumers also have the op- liver the best coverage options that reached the $1 million limit on his tion of choosing an affordable, stable, will keep their families healthy and and transparent public plan when they mother’s insurance policy within the safe. The days of packaging half-baked are deciding what is best for them and first nine months of his life. They were legislation into a bill and calling it their families? I believe consumers unsure of how to obtain lifesaving transformative reform when it is not should have the option of choosing a treatment for their son, now that the have to end now, or the shame is on all public plan. insurance company would no longer of us: Opponents of giving Americans a pay for his care. I have heard from Mr. President, I ask unanimous con- public option regularly use alarmist countless other West Virginians who sent that the text of the bill be printed rhetoric such as ‘‘big government’’ and have been unable to find affordable in the RECORD. ‘‘socialized medicine.’’ And, somehow, health care, or have figured out too There being no objection, the text of protecting the rights of private health late that the health insurance they had the bill was ordered to be printed in insurers to make profits has become was inadequate for what they needed. the RECORD, as follows: more important to some than offering As Congress works to achieve the S. 1278 Americans the choice of a plan that transformative reform necessary to Be it enacted by the Senate and House of Rep- seeks to insure everyone, no matter create a sustainable health care sys- resentatives of the United States of America in how sick, that is less expensive, and tem, a vital component of this reform Congress assembled, that is responsible to the American is the inclusion of a strong public plan SECTION 1. SHORT TITLE. people—not to private profit-seeking option like the Consumer Choice This Act may be cited as the ‘‘Consumers stockholders. Health Plan included in the Consumers Health Care Act of 2009’’. I’m not sure when the word ‘‘public’’ Health Care Act. A public plan will SEC. 2. FINDINGS. became such a bad word in the eyes of help establish a new insurance frame- Congress makes the following findings: work, one that compels insurers to pro- (1) Americans need health care coverage some of my colleagues. Public means that is always affordable. acting in the interest of the general vide Americans with the best value for (2) Americans need health care coverage Public—which is exactly what we their health care at the best price, that is always adequate. should aspire to in comprehensive rather than the current insurance (3) Americans need health care coverage health reform. framework, which is focused on avoid- that is always accountable.

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(4) A public health insurance plan option (3) EMPLOYER ENROLLMENT.—An employer (iv) geographic variation in health care that can compete with private insurance shall be eligible to purchase health insur- costs; plans is the only way to guarantee that all ance coverage for their employees and the (v) evidence-based practices; consumers have affordable, adequate, and ac- employees’ dependents to the extent pro- (vi) quality improvement; countable options available in the insurance vided for all health benefits plans under the (vii) use of health information technology; marketplace. National Health Insurance Exchange. and SEC. 3. OFFICE OF HEALTH PLAN MANAGEMENT. (4) SATISFACTION OF INDIVIDUAL MANDATE (viii) any additional measures, as deter- (a) ESTABLISHMENT.—Not later than July 1, REQUIREMENT.—An individual’s enrollment mined by the Director. 2010, there shall be established within the with the Plan shall be treated as satisfying (C) PAYMENT RATE CONSULTATION.—The Di- Department of Health and Human Services any requirement under Federal law for such rector shall determine payment rates under an Office of Health Plan Management (re- individual to demonstrate enrollment in subparagraph (B) in consultation with pro- ferred to in this Act as the ‘‘Office’’). The Of- health insurance or benefits coverage. viders participating under the Plan, the Di- fice shall be headed by a Director (referred (e) PROVIDERS.— rector of the Office of Personnel Manage- to in this Act as the ‘‘Director’’) who shall be (1) NETWORK REQUIREMENT.— ment, the Medicare Payment Advisory Com- appointed by the President, by and with the (A) MEDICARE.—A participating provider mission, and the Medicaid and CHIP Pay- advice and consent of the Senate. who is voluntarily providing health care ment and Access Commission. (b) COMPENSATION.—The Director shall be services under the Medicare program estab- (5) ADOPTION OF MEDICARE REFORMS.—The paid at the annual rate of pay for a position lished under title XVIII of the Social Secu- Plan may adopt Medicare system delivery at level II of the Executive Schedule under rity Act (42 U.S.C. 1395 et seq.) shall be re- reforms that provide patients with a coordi- section 5313 of title 5, United States Code. quired to provide services to any individual nated system of care and make changes to (c) LIMITATION.—Neither the Director nor enrolled in the Plan. the provider payment structure. the Office shall participate in the adminis- (B) MEDICAID AND CHIP.—A provider of (f) SUBSIDIES.—The Plan shall be eligible to tration of the National Health Insurance Ex- health care services under the Medicaid pro- accept subsidies, including subsidies for the change (as defined in section 7) or the pro- gram established under title XIX of the So- enrollment of individuals under the Plan, in mulgation or administration of any regula- cial Security Act (42 U.S.C. 1396 et seq.), or the same manner and to the same extent as tion regarding the health insurance indus- the CHIP program established under title other health insurance plans offered through try. XXI of such Act (42 U.S.C. 1397aa et seq.), the National Health Insurance Exchange. (d) PERSONNEL AND OPERATIONS AUTHOR- shall be required to provide services to any (g) FINANCING.— ITY.—The Director shall have the same gen- individual enrolled in the Plan. (1) TRANSITIONAL FUNDING.— eral authorities with respect to personnel (2) EXCEPTION.—Paragraph (1) shall not be (A) IN GENERAL.—In order to provide for and operations of the Office as the heads of construed as requiring a provider to accept adequate funding of the Plan in advance of other agencies and departments of the Fed- new patients due to bona fide capacity limi- receipt of payments as described in para- eral Government have with respect to such tations of the provider. graph (2), beginning July 1, 2010, there are agencies and departments. (3) OPT-OUT PROVISION.— transferred to the Plan from the general SEC. 4. CONSUMER CHOICE HEALTH PLAN. (A) MEDICARE.—A participating provider as fund of the Treasury such amounts as may (a) IN GENERAL.—The Office shall establish described under paragraph (1)(A) shall be re- be necessary for operation of the Plan until and administer the Consumer Choice Health quired to provide services to any individual the end of the 3-year period following the es- Plan (referred to in this Act as the ‘‘Plan’’) enrolled in the Plan for the 3-year period fol- tablishment of the Plan. to provide for health insurance coverage that lowing the establishment of the Plan. Upon (B) RETURN OF FUNDS.—Upon the expira- is made available to all eligible individuals the expiration of the 3-year period, a partici- tion of the 3-year period following the estab- (as described in subsection (d)(1)) in the pating provider in the Plan may elect to be- lishment of the Plan, the Director shall United States and its territories. come a non-participating provider without enter into a repayment schedule with the (b) REGULATORY COMPLIANCE.—The Plan affecting their status as a participating pro- Secretary of the Treasury to provide for re- shall comply with— vider under the Medicare program. payment of funds provided under subpara- (1) all regulations and requirements that (B) MEDICAID AND CHIP.—A provider as de- graph (A). Any expenditures made by the are applicable with respect to other health scribed under paragraph (1)(B) shall be re- Plan pursuant to a repayment schedule es- insurance plans that are offered through the quired to provide services to any individual tablished under this subparagraph shall not National Health Insurance Exchange; and enrolled in the Plan for the 3-year period fol- constitute administrative expenses as de- (2) any additional regulations and require- lowing the establishment of the Plan. Upon scribed in paragraph (2)(B). ments, as determined by the Director. the expiration of the 3-year period, a pro- (2) SELF-FINANCING.— (c) BENEFITS.— vider in the Plan may elect to cease provi- (A) IN GENERAL.—The Plan shall be finan- (1) IN GENERAL.—The Plan shall offer sion of services under the Plan without af- cially self-sustaining insofar as funds used health insurance coverage at different ben- fecting their status as a provider under the for operation of the Plan (including benefits, efit levels, provided that such benefits are Medicaid program or the CHIP program. administration, and marketing) shall be de- commensurate with the required benefit lev- (4) PAYMENT RATES.— rived from— els to be provided by a health insurance plan (A) INITIAL PAYMENT RATES.— (i) insurance premium payments and sub- under the National Health Insurance Ex- (i) IN GENERAL.—During the 2-year period sidies for individuals enrolled in the Plan; change. following the establishment of the Plan, pro- and (2) MINIMUM BENEFITS FOR CHILDREN.— viders shall be reimbursed at such payment (ii) payments made to the Plan by employ- (A) IN GENERAL.—The minimum benefit rates as are applicable under the Medicare ers that do not offer health insurance cov- level available under the Plan for children program. erage to their employees. shall include at least the services described (ii) ADJUSTMENT.—The Director may reim- (B) LIMITATION ON ADMINISTRATIVE EX- in the most recently published version of the burse providers at rates lower or higher than PENSES.—Not more than 5 percent of the ‘‘Maternal and Child Health Plan Benefit applicable under the Medicare program if the amounts provided under subparagraph (A) Model’’ developed by the National Business Director determines that the adjusted rates may be used for the annual administrative Group on Health. are appropriate and ensure that enrollees in costs of the Plan. (B) AMENDMENT OF BENEFIT LEVEL.—The the Plan are provided with adequate access (3) CONTINGENCY RESERVE.— Secretary of Health and Human Services, to health care services. (A) IN GENERAL.—The Director shall estab- acting through the Director of the Agency (B) SUBSEQUENT PAYMENT RATES.—Subject lish and fund a contingency reserve for the for Healthcare Research and Quality, may to subparagraph (C), upon the expiration of Plan in a form similar to the contingency re- amend the benefits described in subpara- the 2-year period following the establish- serve provided for health benefits plans graph (A) based on the most recent peer-re- ment of the Plan, the Director shall develop under the Federal Employees Health Bene- viewed and evidence-based data. payment rates for reimbursement of pro- fits Program under chapter 89 of title 5, (d) ELIGIBILITY AND ENROLLMENT.— viders in order to maintain an adequate pro- United States Code. (1) ELIGIBILITY.—An individual who is eligi- vider network necessary to assure that en- (B) REVENUE.—Any revenue generated ble to purchase coverage from a health insur- rollees in the Plan have adequate access to through the contingency reserve established ance plan through the National Health In- health care. In determining such payment in subparagraph (A) shall be transferred to surance Exchange shall be eligible to enroll rates, the Director shall consider— the Plan for the purpose of reducing enrollee in the Plan. (i) competitive provider payment rates in premiums, reducing enrollee cost-sharing, (2) ENROLLMENT PROCESS.—An individual both the public and private sectors; increasing enrollee benefits, or any combina- may enroll in the Plan only in such manner (ii) best practices among providers; tion thereof. and form as may be prescribed by applicable (iii) integrated models of care delivery (in- (4) GAO FINANCIAL AUDIT AND REPORT.—Be- regulations, and only during an enrollment cluding medical home and chronic care co- ginning not later than October 1, 2011, the period as prescribed by the Director. ordination models); Comptroller General shall conduct an annual

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15394 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 audit of the financial statements and records (A) Data on the price of each new policy of that is exempt from taxation under section of the Plan, in accordance with generally ac- health insurance coverage and renewal rat- 501(a) of the Internal Revenue Code of 1986. cepted government auditing standards, and ing practices. (e) BOARD OF DIRECTORS.— submit an annual report on such audit to the (B) Claims payment policies and practices, (1) IN GENERAL.—The Board of Directors of Congress. including how many and how quickly claims the Trust (referred to in this Act as the (5) SUPERMAJORITY REQUIREMENT FOR SUP- were paid. ‘‘Board’’) shall consist of 19 voting members PLEMENTAL FUNDING.—Upon certification by (C) Provider fee schedules and usual, cus- appointed by the Comptroller General. the Comptroller General that the financial tomary, and reasonable fees (for both in-net- (2) TERMS.— audit described in paragraph (4) indicates work and out-of-network providers). (A) IN GENERAL.—Subject to subparagraph that the Plan is insolvent, supplemental (D) Provider participation and provider di- (C), each member of the Board shall serve for funding may be appropriated for the Plan if rectories. a term of 6 years. such measure receives not less than a three- (E) Loss ratios, including detailed informa- (B) LIMITATION.—No individual shall be ap- fifths vote of approval of the total number of tion about amount and type of non-claims pointed to the Board for more than 2 con- Members of the House of Representatives expenses. secutive terms. and the Senate. (F) Covered benefits, cost-sharing, and (C) INITIAL MEMBERS.—The initial members (h) TRANSPARENCY.— amount of payment provided toward each of the Board shall be appointed by the Comp- (1) IN GENERAL.—Beginning with the first type of service identified as a covered ben- troller General not later than October 1, 2010, year of operation of the Plan through the efit, including preventive care services rec- and shall serve terms as follows: National Health Insurance Exchange, the Di- ommended by the United States Preventive (i) 8 members shall be appointed for a term rector shall provide standards and undertake Services Task Force. of 5 years. activities for promoting transparency in (G) Civil or criminal actions successfully (ii) 8 members shall be appointed for a costs, benefits, and other factors for health concluded against the Plan by any govern- term of 3 years. insurance coverage provided under the Plan. mental entity. (iii) 3 members shall be appointed for a (2) STANDARD DEFINITIONS OF INSURANCE (H) Benefit exclusions and limits. term of 1 year. AND MEDICAL TERMS.— (5) DEVELOPMENT OF PATIENT CLAIMS SCE- (D) EXPIRATION OF TERM.—Any member of (A) IN GENERAL.—The Director shall pro- NARIOS.— the Board whose term has expired may serve vide for the development of standards for the (A) IN GENERAL.—In order to improve the until such member’s successor has taken of- definitions of terms used in health insurance ability of individuals and employers to com- fice, or until the end of the calendar year in coverage under the Plan, including insur- pare the coverage and relative value pro- which such member’s term has expired, ance-related terms (including the insurance- vided under the Plan, the Director shall de- whichever is earlier. related terms described in subparagraph (B)) velop and make publically available a series (E) VACANCIES.— and medical terms (including the medical of patient claims scenarios under which ben- (i) IN GENERAL.—Any member appointed to terms described in subparagraph (C)). efits (including out-of-pocket costs) under fill a vacancy prior to the expiration of the (B) INSURANCE-RELATED TERMS.—The insur- the Plan are simulated for certain common term for which such member’s predecessor ance-related terms described in this subpara- or expensive conditions or courses of treat- was appointed shall be appointed for the re- graph are premium, deductible, co-insurance, ment (including maternity care, breast can- mainder of such term. co-payment, out-of-pocket limit, preferred cer, heart disease, diabetes management, and (ii) VACANCIES NOT TO AFFECT POWER OF provider, non-preferred provider, out-of-net- BOARD.—A vacancy on the Board shall not af- work co-payments, UCR (usual, customary well-child visits). and reasonable) fees, excluded services, (B) CONSULTATION.—The Director shall de- fect its powers, but shall be filled in the grievance and appeals, and such other terms velop the patient claims scenarios described same manner as the original appointment as the Director determines are important to in subparagraph (A)— was made. define so that consumers may compare (i) in consultation with the Secretary of (3) CHAIRPERSON AND VICE-CHAIRPERSON.— health insurance coverage and understand Health and Human Services, the National In- (A) IN GENERAL.—The Comptroller General the terms of their coverage. stitutes of Health, the Centers for Disease shall designate a Chairperson and Vice- (C) MEDICAL TERMS.—The medical terms Control and Prevention, the Agency for Chairperson of the Board from among the described in this subparagraph are hos- Healthcare Research and Quality, health members of the Board. pitalization, hospital outpatient care, emer- professional societies, patient advocates, and (B) TERM.—The members designated as gency room care, physician services, pre- other entities as deemed necessary by the Chairperson and Vice-Chairperson shall serve scription drug coverage, durable medical Director; and for a period of 3 years. equipment, home health care, skilled nurs- (ii) based upon recognized clinical practice (4) CONFLICTS OF INTEREST.—An individual ing care, rehabilitation services, hospice guidelines. may not serve on the Board if such indi- services, emergency medical transportation, (6) MANNER OF DISCLOSURE.—The Director vidual (or an immediate family member of and such other terms as the Director deter- shall disclose the information under this such individual) is employed by or has a fi- mines are important to define so that con- subsection— nancial interest in— sumers may compare the medical benefits of- (A) with all marketing materials; (A) an organization that provides a health fered by health insurance plans and under- (B) on the website for the Plan; and insurance plan; stand the extent of those medical benefits (C) at other times upon request. (B) a pharmaceutical manufacturer; or (or exceptions to those benefits). SEC. 5. ESTABLISHMENT OF AMERICA’S HEALTH (C) any subsidiary entities of an organiza- (3) DISCLOSURE.— INSURANCE TRUST. tion described in subparagraphs (A) or (B). (A) IN GENERAL.—In carrying out this sub- (a) ESTABLISHMENT.—As of the date of en- (5) COMPOSITION OF THE BOARD.— section, the Director shall disclose to Plan actment of this Act, there is authorized to be (A) POLITICAL PARTIES.—Not more than 10 enrollees, potential enrollees, in-network established a non-profit corporation that members of the Board may be affiliated with health care providers, and others (through a shall be known as the ‘‘America’s Health In- the same political party. publically available Internet website and surance Trust’’ (referred to in this Act as the (B) DIVERSITY.—In appointing members other appropriate means) relevant informa- ‘‘Trust’’), which is neither an agency nor es- under this paragraph, the Comptroller Gen- tion regarding each policy of health insur- tablishment of the United States Govern- eral shall ensure that such members provide ance coverage marketed or in force (in such ment. appropriately diverse representation with re- standardized manner as determined by the (b) LOCATION; SERVICE OF PROCESS.—The spect to race, ethnicity, age, gender, and ge- Director), including— Trust shall maintain its principal office ography. (i) full policy contract language; and within the District of Columbia and have a (C) CONSUMER REPRESENTATION.—10 mem- (ii) a summary of the information de- designated agent in the District of Columbia bers of the Board shall be independent and scribed in paragraph (4). to receive service of process for the Trust. non-conflicted individuals representing the (B) PERSONALIZED STATEMENT.—The Direc- Notice to or service on the agent shall be interests of health care consumers. Each tor shall disclose to enrollees (in such stand- deemed as notice to or service on the cor- member selected under this subparagraph ardized manner as determined by the Direc- poration. shall represent 1 of the 10 Department of tor) an annual personalized statement that (c) APPLICATION OF PROVISIONS.—The Trust Health and Human Services regions in the summarizes use of health care services and shall be subject to the provisions of this sec- United States. payment of claims with respect to an en- tion and, to the extent consistent with this (D) REMAINING REPRESENTATION.— rollee (and covered dependents) under health section, to the District of Columbia Non- (i) IN GENERAL.—9 members of the Board insurance coverage provided through the profit Corporation Act. shall be selected based on relevant experi- Plan in the preceding year. (d) TAX EXEMPT STATUS.—The Trust shall ence, including expertise in— (4) REQUIRED INFORMATION.—The informa- be treated as a nonprofit organization de- (I) community affairs; tion described in this paragraph includes, scribed under section 170(c)(2)(B) and section (II) Federal, State, and local government; but is not limited to, the following: 501(c)(3) of the Internal Revenue Code of 1986 (III) health professions and administration;

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15395 (IV) business, finance, and accounting; ing an analysis of the adequacy and use of ments or premiums are received as consider- (V) legal affairs; the funding for the Trust and its activities. ation for any person’s agreement to provide (VI) insurance; (h) RULES ON GIFTS AND OUTSIDE CONTRIBU- or arrange for the provision of accident or (VII) trade unions; TIONS.— health coverage to residents of the United (VIII) social services; and (1) GIFTS.—The Trust (including the Board States, regardless of how such coverage is (IX) any additional areas as determined by and any staff acting on behalf of the Trust) provided or arranged to be provided. the Comptroller General. shall not accept gifts, bequeaths, or dona- ‘‘(d) ADJUSTMENTS FOR INCREASES IN (ii) INCOME FROM HEALTH CARE INDUSTRY.— tions of services or property. HEALTH CARE SPENDING.—In the case of any Not more than 4 of the members selected (2) PROHIBITION ON OUTSIDE FUNDING OR CON- policy issued in any fiscal year beginning under this subparagraph shall earn more TRIBUTIONS.—The Trust shall not— after September 30, 2014, the dollar amount than 10 percent of their income from the (A) establish a corporation other than as in effect under subsection (a) for such policy health care industry. provided under this section; or shall be equal to the sum of such dollar (6) MEETINGS AND HEARINGS.—The Board (B) accept any funds or contributions other amount for policies issued in the previous shall meet and hold hearings at the call of than as provided under this section. fiscal year (determined after the application the Chairperson or a majority of its mem- (i) AMERICA’S HEALTH INSURANCE TRUST of this subsection), plus an amount equal to bers. Meetings of the Board on matters not FUND.— the product of— related to personnel shall be open to the pub- (1) IN GENERAL.—There is established in the ‘‘(1) such dollar amount for policies issued lic and advertised through public notice at Treasury a trust fund to be known as the in the previous fiscal year, multiplied by least 7 days prior to the meeting. ‘‘America’s Health Insurance Trust Fund’’ ‘‘(2) the percentage increase in the pro- (7) QUORUM.—A majority of the members of (referred to in this section as the ‘‘Trust jected per capita amount of National Health the Board shall constitute a quorum for pur- Fund’’), consisting of such amounts as may Expenditures from the calendar year in poses of conducting the duties of the Trust, be credited to the Trust Fund as provided which the previous fiscal year ends to the but a lesser number of members may meet under this subsection. calendar year in which the fiscal year in- and hold hearings. (2) TRANSFER.—The Secretary of the Treas- volved ends, as most recently published by (8) EXECUTIVE DIRECTOR AND STAFF; PER- ury shall transfer to the Trust Fund out of the Secretary of Health and Human Services FORMANCE OF DUTIES.—The Board may— the general fund of the Treasury amounts de- before the beginning of the fiscal year. (A) employ and fix the compensation of an termined by the Secretary to be equivalent ‘‘(e) TERMINATION.—This section shall not Executive Director and such other personnel to the amounts received into such general apply to policy years ending after September as may be necessary to carry out the duties fund that are attributable to the fees col- 30, 2019. of the Trust; lected under sections 4375 and 4376 of the In- ‘‘SEC. 4376. SELF-INSURED HEALTH PLANS. (B) seek such assistance and support as ternal Revenue Code of 1986 (relating to fees ‘‘(a) IMPOSITION OF FEE.—In the case of any may be required in the performance of the on health insurance policies and self-insured applicable self-insured health plan issued duties of the Trust from appropriate depart- health plans). after October 1, 2009, there is hereby imposed ments and agencies of the Federal Govern- (3) FINANCING FOR FUND FROM FEES ON IN- a fee equal to— ment; SURED AND SELF-INSURED HEALTH PLANS.— ‘‘(1) for plans issued during fiscal years 2010 (C) enter into contracts or other arrange- (A) GENERAL RULE.—Chapter 34 of the In- through 2013, 50 cents multiplied by the aver- ments and make such payments as may be ternal Revenue Code of 1986 is amended by age number of lives covered under the plan; necessary for performance of the duties of adding at the end the following new sub- and the Trust; chapter: ‘‘(2) for plans issued after September 30, (D) provide travel, subsistence, and per 2013, $1 multiplied by the average number of diem compensation for individuals per- ‘‘Subchapter B—Insured and Self-Insured Health Plans lives covered under the plans. forming the duties of the Trust, including ‘‘(b) LIABILITY FOR FEE.— members of the Advisory Council (as de- ‘‘Sec. 4375. Health insurance. ‘‘Sec. 4376. Self-insured health plans. ‘‘(1) IN GENERAL.—The fee imposed by sub- scribed in subsection (f)); and section (a) shall be paid by the plan sponsor. (E) prescribe such rules, regulations, and ‘‘Sec. 4377. Definitions and special rules. ‘‘(2) PLAN SPONSOR.—For purposes of para- bylaws as the Board determines necessary ‘‘SEC. 4375. HEALTH INSURANCE. ‘‘(a) IMPOSITION OF FEE.—In the case of any graph (1) the term ‘plan sponsor’ means— with respect to the internal organization and ‘‘(A) the employer in the case of a plan es- operation of the Trust. specified health insurance policy issued after October 1, 2009, there is hereby imposed a fee tablished or maintained by a single em- (9) LOBBYING COOLING-OFF PERIOD FOR MEM- ployer, BERS OF THE BOARD.—Section 207(c) of title equal to— ‘‘(B) the employee organization in the case 18, United States Code, is amended by insert- ‘‘(1) for policies issued during fiscal years of a plan established or maintained by an ing at the end the following: 2010 through 2013, 50 cents multiplied by the employee organization, ‘‘(3) MEMBERS OF THE BOARD OF DIRECTORS average number of lives covered under the ‘‘(C) in the case of— OF THE AMERICA’S HEALTH INSURANCE TRUST.— policy; and ‘‘(i) a plan established or maintained by 2 Paragraph (1) shall apply to a member of the ‘‘(2) for policies issued after September 30, or more employers or jointly by 1 or more Board of Directors of the America’s Health 2013, $1 multiplied by the average number of employers and 1 or more employee organiza- Insurance Trust who was appointed to the lives covered under the policy. tions, Board as of the day before the date of enact- ‘‘(b) LIABILITY FOR FEE.—The fee imposed ‘‘(ii) a multiple employer welfare arrange- ment of the Consumers Health Care Act of by subsection (a) shall be paid by the issuer 2009.’’. of the policy. ment, or (f) ADVISORY COUNCIL.— ‘‘(c) SPECIFIED HEALTH INSURANCE POL- ‘‘(iii) a voluntary employees’ beneficiary (1) ESTABLISHMENT.—The Board shall es- ICY.—For purposes of this section: association described in section 501(c)(9), tablish an advisory council that shall be ‘‘(1) IN GENERAL.—Except as otherwise pro- the association, committee, joint board of comprised of the insurance commissioners of vided in this section, the term ‘specified trustees, or other similar group of represent- each State (including the District of Colum- health insurance policy’ means any accident atives of the parties who establish or main- bia) to advise the Board on the development or health insurance policy (including a pol- tain the plan, or and impact of measures to improve the icy under a group health plan) issued with ‘‘(D) the cooperative or association de- transparency and accountability of health respect to individuals residing in the United scribed in subsection (c)(2)(F) in the case of insurance plans provided through the Na- States. a plan established or maintained by such a tional Health Insurance Exchange. ‘‘(2) EXEMPTION FOR CERTAIN POLICIES.—The cooperative or association. (2) MEETINGS.—The advisory council shall term ‘specified health insurance policy’ does ‘‘(c) APPLICABLE SELF-INSURED HEALTH meet not less than twice a year and at the not include any insurance if substantially all PLAN.—For purposes of this section, the request of the Board. of its coverage is of excepted benefits de- term ‘applicable self-insured health plan’ (g) FINANCIAL OVERSIGHT.— scribed in section 9832(c). means any plan for providing accident or (1) CONTRACT FOR AUDITS.—The Trust shall ‘‘(3) TREATMENT OF PREPAID HEALTH COV- health coverage if— provide for financial audits of the Trust on ERAGE ARRANGEMENTS.— ‘‘(1) any portion of such coverage is pro- an annual basis by a private entity with ex- ‘‘(A) IN GENERAL.—In the case of any ar- vided other than through an insurance pol- pertise in conducting financial audits. rangement described in subparagraph (B)— icy, and (2) REVIEW AND REPORT ON AUDITS.—The ‘‘(i) such arrangement shall be treated as a ‘‘(2) such plan is established or main- Comptroller General shall— specified health insurance policy, and tained— (A) review and evaluate the results of the ‘‘(ii) the person referred to in such sub- ‘‘(A) by one or more employers for the ben- audits conducted pursuant to paragraph (1); paragraph shall be treated as the issuer. efit of their employees or former employees, and ‘‘(B) DESCRIPTION OF ARRANGEMENTS.—An ‘‘(B) by one or more employee organiza- (B) submit a report to Congress containing arrangement is described in this subpara- tions for the benefit of their members or the results and review of such audits, includ- graph if under such arrangement fixed pay- former members,

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15396 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 ‘‘(C) jointly by 1 or more employers and 1 ‘‘(E) any program established by Federal ance plans provided through the National or more employee organizations for the ben- law for providing medical care (other than Health Insurance Exchange. efit of employees or former employees, through insurance policies) to individuals (or (B) CONSUMER SURVEYS.—The Trust shall ‘‘(D) by a voluntary employees’ beneficiary the spouses and dependents thereof) by rea- obtain meaningful consumer input, including association described in section 501(c)(9), son of such individuals being— consumer surveys, that measure the extent ‘‘(E) by any organization described in sec- ‘‘(i) members of the Armed Forces of the to which an individual receives the services tion 501(c)(6), or United States, or and supports described in the individual’s ‘‘(F) in the case of a plan not described in ‘‘(ii) veterans, and health insurance plan and the individual’s the preceding subparagraphs, by a multiple ‘‘(F) any program established by Federal satisfaction with such services and supports. employer welfare arrangement (as defined in law for providing medical care (other than (b) DATA SHARING.— section 3(40) of Employee Retirement Income through insurance policies) to members of (1) IN GENERAL.—An organization that pro- Security Act of 1974), a rural electric cooper- Indian tribes (as defined in section 4(d) of the vides a health insurance plan through the ative (as defined in section 3(40)(B)(iv) of Indian Health Care Improvement Act). National Health Insurance Exchange shall such Act), or a rural telephone cooperative ‘‘(c) TREATMENT AS TAX.—For purposes of association (as defined in section 3(40)(B)(v) subtitle F, the fees imposed by this sub- provide the Trust with all information and of such Act). chapter shall be treated as if they were data that is necessary for improving trans- ‘‘(d) ADJUSTMENTS FOR INCREASES IN taxes. parency, monitoring, and oversight of such HEALTH CARE SPENDING.—In the case of any ‘‘(d) NO COVER OVER TO POSSESSIONS.—Not- plans. plan issued in any fiscal year beginning after withstanding any other provision of law, no (2) ANNUAL DISCLOSURE.—Beginning with September 30, 2014, the dollar amount in ef- amount collected under this subchapter shall the first full year of operation of the Na- fect under subsection (a) for such plan shall be covered over to any possession of the tional Health Insurance Exchange, an orga- be equal to the sum of such dollar amount United States.’’. nization that provides a health insurance for plans issued in the previous fiscal year (B) CLERICAL AMENDMENTS.— plan through the National Health Insurance (determined after the application of this sub- (i) Chapter 34 of such Code is amended by Exchange shall annually provide the Trust section), plus an amount equal to the prod- striking the chapter heading and inserting with appropriate information regarding the uct of— the following: following: ‘‘(1) such dollar amount for plans issued in (A) Name of the plan. the previous fiscal year, multiplied by ‘‘CHAPTER 34—TAXES ON CERTAIN INSURANCE POLICIES (B) Levels of available plan benefits. ‘‘(2) the percentage increase in the pro- (C) Description of plan benefits. ‘‘SUBCHAPTER A. POLICIES ISSUED BY FOREIGN jected per capita amount of National Health (D) Number of enrollees under the plan. INSURERS Expenditures from the calendar year in (E) Demographic profile of enrollees under ‘‘SUBCHAPTER B. INSURED AND SELF-INSURED which the previous fiscal year ends to the the plan. HEALTH PLANS calendar year in which the fiscal year in- (F) Number of claims paid to enrollees. volved ends, as most recently published by ‘‘Subchapter A—Policies Issued By Foreign (G) Number of enrollees that terminated the Secretary of Health and Human Services Insurers’’. their coverage under the plan. before the beginning of the fiscal year. (ii) The table of chapters for subtitle D of (H) Total operating cost for the plan (in- ‘‘(e) TERMINATION.—This section shall not such Code is amended by striking the item apply to plans issued after September 30, cluding administrative costs). relating to chapter 34 and inserting the fol- 2019. (I) Patterns of utilization of the plan’s lowing new item: services. ‘‘SEC. 4377. DEFINITIONS AND SPECIAL RULES. HAPTER AXES ON ERTAIN NSURANCE (J) Availability, accessibility, and accept- ‘‘(a) DEFINITIONS.—For purposes of this ‘‘C 34—T C I subchapter— POLICIES’’. ability of the plan’s services. ‘‘(1) ACCIDENT AND HEALTH COVERAGE.—The SEC. 6. DUTIES OF AMERICA’S HEALTH INSUR- (K) Such information as the Trust may re- term ‘accident and health coverage’ means ANCE TRUST. quire demonstrating that the organization any coverage which, if provided by an insur- (a) INSURANCE PLAN RANKINGS AND has a fiscally sound operation. ance policy, would cause such policy to be a WEBSITE.— (L) Any additional information as deter- specified health insurance policy (as defined (1) WEB-BASED MATERIALS.—The Trust shall mined by the Trust. in section 4375(c)). establish and maintain a website that pro- (3) FORM AND MANNER OF INFORMATION.—In- ‘‘(2) INSURANCE POLICY.—The term ‘insur- vides informational materials regarding the formation to be provided to the Trust under ance policy’ means any policy or other in- health insurance plans provided through the paragraphs (1) and (2) shall be provided— strument whereby a contract of insurance is National Health Insurance Exchange, includ- (A) in such form and manner as specified issued, renewed, or extended. ing appropriate links for all available State by the Trust; and ‘‘(3) UNITED STATES.—The term ‘United insurance commissioner websites. (B) within 30 days of the date of receipt of States’ includes any possession of the United (2) PLAN RANKINGS.—The Trust shall de- the request for such information, or within States. velop and publish annual rankings of the such extended period as the Trust deems ap- ‘‘(b) TREATMENT OF GOVERNMENTAL ENTI- health insurance plans provided through the propriate. TIES.— National Health Insurance Exchange, based (4) INFORMATION FROM THE DEPARTMENT OF ‘‘(1) IN GENERAL.—For purposes of this sub- on the assignment of a letter grade between HEALTH AND HUMAN SERVICES.— chapter— ‘‘grade A’’ (highest) and ‘‘grade F’’ (lowest). (A) IN GENERAL.—Any information regard- ‘‘(A) the term ‘person’ includes any govern- The Trust shall provide for a comparative ing the health insurance plans that are of- mental entity, and evaluation of each plan based upon— fered through the National Health Insurance ‘‘(B) notwithstanding any other law or rule (A) administrative expenditures; Exchange that has been provided to the Sec- of law, governmental entities shall not be ex- (B) affordability of coverage; retary of Health and Human Services shall empt from the fees imposed by this sub- (C) adequacy of coverage; also be made available (as deemed appro- chapter except as provided in paragraph (2). (D) timeliness and adequacy of consumer priate by the Secretary) to the Trust for the ‘‘(2) TREATMENT OF EXEMPT GOVERNMENTAL claims processing; purpose of improving transparency, moni- PROGRAMS.—In the case of an exempt govern- (E) available consumer complaint systems; toring, and oversight of such plans. Such in- mental program, no fee shall be imposed (F) grievance and appeals processes; formation may include, but is not limited to, under section 4375 or section 4376 on any cov- (G) transparency; the following: ered policy or plan under such program. (H) consumer satisfaction; and (i) Underwriting guidelines to ensure com- ‘‘(3) EXEMPT GOVERNMENTAL PROGRAM DE- (I) any additional measures as determined pliance with applicable Federal health insur- FINED.—For purposes of this subchapter, the by the Board. ance requirements. term ‘exempt governmental program’ (3) INFORMATION AVAILABLE ON WEBSITE BY (ii) Rating practices to ensure compliance means— ZIP CODE.—The annual rankings of the health with applicable Federal health insurance re- ‘‘(A) any insurance program established insurance plans (as described in paragraph quirements. under title XVIII of the Social Security Act, (2)) shall be available on the website for the (iii) Enrollment and disenrollment data, ‘‘(B) the medical assistance program estab- Trust (as described in paragraph (1)), and the including information the Secretary may lished by title XIX or XXI of the Social Se- website for the National Health Insurance need to detect patterns of discrimination curity Act, Exchange, in a manner that is searchable against individuals based on health status or ‘‘(C) the Federal Employees Health Bene- and sortable by zip code. other characteristics, to ensure compliance fits Program under chapter 89 of title 5, (4) CONSUMER FEEDBACK.— with applicable Federal health insurance re- United States Code, (A) CONSUMER COMPLAINTS.—The Trust quirements (including non-discrimination in ‘‘(D) the Consumer Choice Health Plan es- shall develop written and web-based methods group coverage, guaranteed issue, and guar- tablished under the Consumers Health Care for individuals to provide recommendations anteed renewability requirements applicable Act of 2009, and complaints regarding the health insur- in all markets).

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15397 (iv) Post-claims underwriting and rescis- ever imagined would be the case some Mr. President, I ask unanimous con- sion practices to ensure compliance with ap- time ago. sent that the text of the bill be printed plicable Federal health insurance require- This piece of legislation only deals in the RECORD. ments relating to guaranteed renewability. with TARP recipients. But what it does There being no objection, the text of (v) Marketing materials and agent guide- is solve the unease in the problem that the bill was ordered to be printed in lines to ensure compliance with applicable Federal health insurance requirements. many of us have in the Senate and in the RECORD, as follows: (vi) Data on the imposition of pre-existing the Congress with the fact that we S. 1280 condition exclusion periods and claims sub- have such large government owner- Be it enacted by the Senate and House of Rep- jected to such exclusion periods. ships in companies. resentatives of the United States of America in (vii) Information on issuance of certifi- What this bill would do would be to Congress assembled, cates of creditable coverage. set up a trust for all TARP company SECTION 1. SHORT TITLE. (viii) Information on cost-sharing and pay- ownership to be put in when stakes are This Act may be cited as the ‘‘TARP Re- ments with respect to any out-of-network larger than 20 percent of the company. cipient Ownership Trust Act of 2009’’. coverage. SEC. 2. AUTHORITY OF THE SECRETARY OF THE What it would do is give the adminis- TREASURY TO DELEGATE TARP (ix) The application to issuers of penalties tration the ability to appoint three for violation of applicable Federal health in- ASSET MANAGEMENT. surance requirements (including failure to trustees to have a fiduciary obligation Section 106(b) of the Emergency Economic produce requested information). to the taxpayers of this country. It Stabilization Act of 2008 (12 U.S.C. 5216(b)) is amended by inserting before the period at (x) Such other information as the Trust would be my hope that these trustees the end the following: ‘‘, and the Secretary may determine to be necessary to verify would be people such as Warren Buffett may delegate such management authority to compliance with the requirements of this or Jack Welch or people similar to a private entity, as the Secretary determines Act. them, whom we—all of us in our coun- appropriate, with respect to any entity as- (B) REQUIRED DISCLOSURE.—The Secretary try—respect and consider to certainly sisted under this Act’’. of Health and Human Services shall provide be knowledgeable market participants. SEC. 3. CREATION OF MANAGEMENT AUTHORITY the Trust with all consumer claims data or These trustees will be paid no money. FOR DESIGNATED TARP RECIPI- information that has been provided to the ENTS. Secretary by any health insurance plan that They would do this as a duty to our country. While their objective would be (a) FEDERAL ASSISTANCE LIMITED.—Not- is offered through the National Health Insur- withstanding any provision of the Emer- ance Exchange. to look at these companies with a fidu- gency Economic Stabilization Act of 2008, or (C) PERIOD FOR PROVIDING INFORMATION.— ciary responsibility to the taxpayers, any other provision of law, no funds may be Information to be provided to the Trust they also would be given the direction expended under the Troubled Asset Relief under this paragraph shall be provided by to unload these ownerships by Decem- Program, or any other provision of that Act, the Secretary within 30 days of the date of ber 24, 2011. I think this would go a on or after the date of enactment of this Act, receipt of the request for such information, long way toward giving all of us more until the Secretary of the Treasury transfers or within such extended period as the Sec- comfort that there was not a political all voting, nonvoting, and common equity in retary and the Trust mutually deem appro- any designated TARP recipient to a limited priate. agenda with any of these companies, liability company established by the Sec- (5) NON-DISCLOSURE OF HEALTH INSURANCE that these companies were being dealt retary for such purpose, to be held and man- DATA.—The Trust shall prevent disclosure of with in a way that is fair and appro- aged in trust on behalf of the United States any data or information provided under this priate to the taxpayers. I think this is taxpayers. paragraph that the Trust determines is pro- something that, while it is not perfect, (b) APPOINTMENT OF TRUSTEES.— prietary or qualifies as a trade secret subject would do what is necessary to make us (1) IN GENERAL.—The President shall ap- to withholding from public dissemination. all feel a lot more comfortable about point 3 independent trustees to manage the equity held in the trust, separate and apart Any data or information provided under this where we are. paragraph shall not be subject to disclosure from the United States Government. No. 1, we would have three neutral, (2) CRITERIA.—Trustees appointed under under section 552 of title 5, United States well-respected businesspeople looking Code (commonly referred to as the Freedom this subsection— of Information Act). after our taxpayers’ interests. Hope- (A) may not be elected or appointed Gov- SEC. 7. DEFINITION OF NATIONAL HEALTH IN- fully, that would shield as much as pos- ernment officials; SURANCE EXCHANGE. sible any kind of political involvement (B) shall serve at the pleasure of the Presi- In this Act, the term ‘‘National Health In- in those companies. Secondly, obvi- dent, and may be removed for just cause in surance Exchange’’ means a mechanism es- ously, they would be given the direc- violation of their fiduciary responsibilities only; and tablished or recognized under Federal law for tive to unload this ownership by De- coordinating the offering of health insurance (C) shall serve without compensation for cember 24, 2011, as I have mentioned. their services under this section. coverage to individuals in the United States They can come back at that time. If through the establishment of standards for (c) DUTIES OF TRUST.—Pursuant to pro- benefits, cost-sharing, and premiums for they feel, for some reason, this is not tecting the interests and investment of the such health insurance coverage. in the taxpayers’ interest, they can United States taxpayer, the trust established come back to us at that time and seek under this section shall, with the purpose of By Mr. CORKER (for himself, Mr. additional time, should they think it is maximizing the profitability of the des- ignated TARP recipient— WARNER, and Mr. BENNETT): in our interest as taxpayers to extend (1) exercise the voting rights of the shares S. 1280. A bill to authorize the Sec- that period of time. of the taxpayer on all core governance retary of the Treasury to delegate This is a bipartisan piece of legisla- issues; management authority over troubled tion. This is not done with any kind of (2) select the representation on the boards assets purchased under the Troubled ax to grind. This legislation is being of- of directors of any designated TARP recipi- Asset Relief Program, to require the fered, truly, just to solve this rub we ent; and establishment of a trust to manage as- all find ourselves in, that the American (3) have a fiduciary duty to the American sets of certain designated TARP recipi- citizens find themselves in, where we taxpayer for the maximization of the return ents, and for other purposes; to the have large ownership stakes. on the investment of the taxpayer made Specifically, today, because of the under the Emergency Economic Stabiliza- Committee on Banking, Housing, and tion Act of 2008, in the same manner and to Urban Affairs. ownership stakes that exist, the three the same extent that any director of an Mr. CORKER. Mr. President, I rise to companies that would be affected issuer of securities has with respect to its speak, briefly, about a bill Senator would be AIG, Citigroup, and, of shareholders under the securities laws and WARNER from Virginia and I are intro- course, the automobile company, Gen- all applications of State law. ducing today. The title of the bill is eral Motors. There could be additional (d) LIQUIDATION.—The trustees shall liq- the TARP Recipient Ownership Trust companies that, through conversions uidate the trust established under this sec- Act of 2009. to common equity, might be affected tion, including the assets held by such trust, not later than December 24, 2011, unless the This bill intends to deal with the by this. trustees submit a report to Congress that issue that our government finds itself I think this is a very commonsense liquidation would not maximize the profit- in a position of large ownership in com- piece of legislation that I hope will ability of the company and the return on in- panies—something I think none of us have broad bipartisan support. vestment to the taxpayer.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15398 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 SEC. 4. DEFINITIONS. is growing on this country, this $11.5 no, deal or no deal: Are we going to As used in this Act— trillion I started off talking about. keep the bases or close the bases, (1) the term ‘‘designated TARP recipient’’ When I first started in Congress in 1994, which way is it? means any entity that has received, or will it was roughly 50 percent mandatory That is the only mechanism I have receive, financial assistance under the Trou- bled Asset Relief Program or any other pro- spending and 50 percent discretionary ever seen us come up with in this body vision of the Emergency Economic Stabiliza- spending. This year, we are looking at to actually cut Federal spending and to tion Act of 2008 (Public Law 110-343), such 70 percent mandatory spending—be- do the things we talk about all the that the Federal Government holds or con- tween 60 and 70 percent mandatory time but in the trading nature of the trols, or will hold or control at a future date, spending, depending on what ends up in legislative body never gets done. This not less than a 20 percent ownership stake in the final package—and 30 to 40 percent one has actually done it, the BRAC the company as a result of such assistance; discretionary spending. And of that Commission, on military bases, which (2) the term ‘‘Secretary’’ means the Sec- discretionary, half of that is military. is a substantial but certainly not all of retary of the Treasury or the designee of the Secretary; and So we have this huge growth in entitle- our budget. So I am saying, let’s take (3) the terms ‘‘director’’, ‘‘issuer’’, ‘‘securi- ment programs and spending programs that mechanism and apply it to the ties’’, and ‘‘securities laws’’ have the same that are on autopilot and that are set- rest of the budget, mandatory and dis- meanings as in section 3 of the Securities ting that clock to going faster and cretionary spending, both pockets of Exchange Act of 1934 (15 U.S.C. 78c). faster, at $11.5 trillion and up. this. We are looking at a $1.8 trillion def- I am fully open to suggestions and By Mr. BROWNBACK (for him- icit this year alone. This is ideas for amendment on this bill, but I self, Mr. ALEXANDER, Mr. CHAM- unsustainable and it is irresponsible. would break the Federal Government BLISS, Mr. COBURN, Mr. CORKER, And it is irresponsible of the baby into four different categories, to where Mr. CORNYN, Mr. CRAPO, Mr. boomer generation, which has inher- every fourth year there is a CARFA ENSIGN, Mr. ENZI, Mr. GRAHAM, ited and been given so much, not to commission which reviews one-fourth Mrs. HUTCHISON, Mr. INHOFE, step up and to start to deal with this. of the budget, and then that rec- Mr. ISAKSON, Mr. JOHANNS, Mr. I feel very strongly about this, that it ommendation is sent to the Congress KYL, Mr. MARTINEZ, Mr. is something we need to start dealing to either eliminate these pieces or to MCCAIN, Mr. RISCH, Mr. THUNE, with as a generation. I am not talking keep them. Mr. VITTER, and Mr. VOINO- about from a party perspective, or even I have a scorecard up here. It turns VICH): from a legislative perspective, but I am out that the OMB does a regular scor- S. 1282. A bill to establish a Commis- talking about it from a generational ing of the effectiveness of Federal Gov- sion on Congressional Budgetary Ac- perspective. This is the sort of thing we ernment programs and then they as- countability and Review of Federal need to start dealing with for our chil- sign a percentage out of 100 to each. I Agencies; to the Committee on Home- dren’s future and our grandchildren’s put the grade equivalent on it, and you land Security and Governmental Af- future, so that when future generations can see the programs that were re- fairs. come up and they look back and see viewed here: State Department has the Mr. BROWNBACK. Mr. President, I the ‘‘greatest generation’’ of World highest score that I have up here, of C+ want to follow up on what my col- War II, they don’t then look at the for effectiveness, at which the OMB league from North Dakota said regard- baby boomer generation and say: Well, scored it. The Education Department— ing the financial regulatory issue. This that is the generation that used a lot and I don’t know what that says here— is a huge problem. of it up. Rather, they say: No, that was has scored below 50 percent and gets an In my office, I have a debt clock run- the generation that used a lot, but then F—the Education Department—on its ning. I put it there purposely so people got it together and started to address scorecard. You can look through and can see what it is, and it is running at the problems of fiscal irresponsibility— these are the programs that are re- $11.5 trillion. At this point in time, it the fiscal irresponsibility that is tak- viewed: 51 for the State Department; 93 has a dizzying amount of numbers that ing place in this country and in this for the Education Department. are running on it. Usually my constitu- government today. So I am saying you would have this ents come in and say: Good, I wanted We have program spending that is CARFA commission go through to do a to get out of the waiting room. That out of control. Everybody is against similar type of review for effectiveness. clock is driving me crazy, the numbers waste, fraud, and abuse, but I have not Those programs that would fail would are going so fast. It is so huge, the found that line in the budget yet which be put in an overall bill which would numbers and the rate we are going. allows us to X it out. What I am talk- say: Okay, Congress, keep this entire What troubles me as well, as a mem- ing about here—and I will introduce at package or eliminate this entire pack- ber of the baby boomer generation, is the end of my speech—is a bill that ac- age. that I look at this and I feel as though tually does start to get at that, and it If you eliminate them, the same year we are following on the heels of the does it via a mechanism that is a prov- you can come back and reauthorize ‘‘greatest generation’’—the World War en mechanism we have used before in that bill and reappropriate the pro- II generation, with all the sacrifices this body which actually reduced gov- gram if you believe it is effective. But and the things they did to make this ernment spending. It is called the Com- this gives you an automatic culling country what it is. My predecessor in mission on Accountability and Review process. It is a culling process that the seat I am in, Bob Dole, I think epit- of Federal Agencies, CARFA. We have takes place on programs that have omizes the ‘‘greatest generation’’—the 20 original cosponsors, and it is a very been put in the budget year after year World War II generation—that sac- simple concept that we have used be- and have somehow been sustained or rificed so much so the rest of us could fore. have gotten supporters around them. live and do so well, and I am deeply ap- It is based on the BRAC Commis- Most programs have a number of dif- preciative of that. But I look at my sion—the Base Realignment and Clo- ferent supporters around them, so they generation, sometimes called the ‘‘me sure Commission—only it applies to keep going on and on. Even though generation.’’ I don’t know that that is the rest of government, not just mili- they are not particularly effective, the particularly an applauding sort of title, tary bases. You create a commission, supporters like them, so they keep get- saying it is more focused that way, but and the commission says 300 bases ting in the budget, even when we do an I think we need to, ourselves, step up a should be closed. They send that to the objective review of them and find out lot more for the country, for the people administration to check off on that, these are failed programs by our own in this Nation, and deal with the prob- and then it sends it to the Congress, re- standards. lems we have. quiring an up-or-down vote within a This is something we need to do. It is One of the biggest ones, as far as the limited timeframe, no amendments and something I would hope that the baby legacy we leave, is the mortgage that a set amount of time to debate. Yes or boomer generation could stand up and

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start to say it is time for us to take fis- During its preliminary investigation That is why Senator BOXER and I cal responsibility for the situation that of Flight 3407, the National Transpor- joined together to develop legislation is being created and that is tation Safety Board pointed out a num- that we believe will close many of the unsustainable in this country. We are ber of issues specific to this accident loopholes that jeopardize safety, those already starting to see interest rates that could be directly attributable to same loopholes spotlighted by the find- move up. That is likely to continue. We fatigue, with many pilots traveling all ings of the National Transportation are seeing people beside themselves night over great distances just to reach Safety Board, the Department of when looking at the level of Federal their base of operations. For example, Transportation Inspector General’s of- spending, and the waste in it, and say- almost a quarter of Colgan Air pilots fice, and the victims’ families of Flight ing: What is going on? Can’t you guys who operate out of Newark, New Jersey 3407. Requiring the Federal Aviation get ahold of it? travel over one thousand miles simply Administration to complete a number Here is a way to actually get ahold of to reach their designated duty station. of long-overdue rulemakings on issues it and deal with it and be able to say to At the same time, as we’ve witnessed as wide-ranging as fatigue manage- generations in future years that, yes, with a number of regional carriers, pi- ment, minimum training standards for we stood up and took ownership and we lots are often paid meager salaries—the all carriers, and remedial training for dealt with the problem. first officer in Flight 3407 made barely deficient pilots is the first step. Ensur- There was an article in the Wall twenty thousand dollars annually. ing the Federal Aviation Administra- Street Journal a week ago where a gen- With such low pay, it is difficult for tion will perform adequate, unan- these pilots to provide for themselves tleman was saying that the unfunded nounced inspections to guarantee these and their families, much less afford a obligations of the Federal Government new rules are enforced, and requiring restful place to spend an evening; at a today—these are things such as the en- more rigorous inspections of flight hotel, or an apartment in close prox- titlement programs, whether it is schools like the Gulfstream Academy— Medicare, Social Security, veterans’ imity to their base of operations—as a result, they doze in airport lounges— whose parent company was recently as- benefits, and pension guarantees that sessed a civil penalty of $1.3 million for we have—are getting close to $100 tril- technically against most airline regu- lations—and subsequently are getting safety violations, and where many re- lion. Those are unfunded obligations gional pilots receive their training— existing on the part of the Federal into the cockpit fatigued, with insuffi- will go a long way towards closing the Government today. That number seems cient rest and, potentially, reduced sit- loopholes that still exist in our avia- high to me, but I know if you look at uational awareness. With little over- tion safety network. In my view, these Medicare and a couple of other ones, we sight concerning the amount of rest are all positive steps that will prevent are looking at nearly $60 trillion in these pilots receive, we face the ter- another incident like the crash of that category. To give some perspec- rible potential for another incident in Flight 3407. tive, the total economy is $14 trillion, the near future. Before I close, I would like to say a or thereabouts. I was greatly encouraged by the ef- This is irresponsible to the highest forts that the new Federal Aviation word to the families of the crash vic- degree, and it is irresponsible to future Administrator Babbitt undertook on tims. I deeply empathize with your generations, and it is time to put a Monday; his announcement to initiate loss, and in large part, your efforts mechanism in place for us to deal with rulemakings on fatigue management, have been essential in the drafting of it. I urge my colleagues to join us in the relationship between major and re- this legislation. Thank you for all your cosponsoring this bill. I am submitting gional carriers, and training discrep- perseverance and invaluable contribu- it now to the desk, with 20 cosponsors. ancies, were all positive, proactive tions during what I know must be dif- This is an idea whose time has come. steps to help remedy a situation that ficult times for all of you. for too long has gone ignored, and I Mrs. BOXER. Mr. President, like By Ms. SNOWE (for herself and commend his willingness to take the many of my colleagues, I was shocked Mrs. BOXER): reins so early in his tenure. Unfortu- and saddened by the commuter plane S. 1284. A bill to require the imple- nately, as a recent series of hearings at crash last February outside of Buffalo, mentation of certain recommendations the Senate Commerce Committee has NY. Sadly, Clay Yarber, a resident of of the National Transportation Safety shown us, rulemakings are typically Riverside, CA, was one of the 50 vic- Board, to require the establishment of long, drawn-out processes that in some tims of this tragic crash. national standards with respect to cases are never completed. Simply put, I would like to offer my deepest con- flight requirements for pilots, to re- this is insufficient. dolences to the family and friends of quire the development of fatigue man- In fact, a National Transportation Mr. Yarber and to all of the families agement plans, and for other purposes; Safety Board recommendation con- dealing with such horrific loss. to the Committee on Commerce, cerning pilot fatigue—clearly an under- The crash of Continental flight 3407 Science, and Transportation. lying cause of the Flight 3407 crash— has had a significant impact on how Ms. SNOWE. Mr. President, I rise has been outstanding for nearly 2 dec- Americans across the country view air today to join with my colleague, Sen- ades! This recommendation was no travel and has raised serious questions ator BOXER, to introduce the One Level small suggestion; it has been on the about the safety and oversight of our of Safety Act. We have all become fa- NTSB’s highest profile publication, Nation’s aviation system. miliar with the events surrounding the their Most Wanted List, for nineteen Initial hearings held this past May terrible tragedy near Buffalo, New years! Given that four of the last six by the National Transportation Safety York—an accident that the National fatal accidents involving commercial Board, NTSB, brought to light many Transportation Safety Board cat- carriers included fatigue as a contrib- unsettling revelations about pilot egorized as the worst such incident uting cause, I am stunned that this training, hours of experience, fatigue, since late 2001—that cost fifty lives, issue has not been addressed. But only and the FAA’s oversight role of re- and shattered countless others. In the one effort to tackle this issue has been gional airlines. wake of the crash of Flight 3407, we made in the past 2 decades, and after I was greatly disturbed by what ap- have identified failures on a multi- encountering some resistance, that peared to be a lack of proper training plicity of levels. For an agency that proposed rulemaking was shelved in for the pilots on how to recover from a has consistently cited its commitment 1995, and no second attempt was forth- stall, how to proceed in icing condi- to ‘‘one level of safety’’ for all carriers coming. So, while the Federal Aviation tions, and reports of the crew com- as far back as 1995, this accident show- Administration’s comments yesterday muting cross country without proper cases that when it comes to regional were laudable, there are no guarantees rest prior to the flight. carriers, the Federal Aviation Adminis- when it comes to rulemakings. I be- Although regional airlines account tration has done a poor job of enforcing lieve it is incumbent on Congress to for one-half of all of the scheduled that philosophy. act and act now. flights in the U.S., five of the last

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HEALTH CARE SERVICES TO ciation Championships as a head coach, the WOMEN The National Transportation Safety most championships for a head coach in Na- Mrs. SHAHEEN (for herself, Ms. KLO- tional Basketball Association history, sur- Board, NTSB, hearings also made clear passing the number won by the legendary BUCHAR, Mrs. BOXER, Mrs. MURRAY, Mr. that the FAA must be more proactive Arnold ‘‘Red’’ Auerbach; when it comes to safety. We must not DURBIN, Mr. DODD, Mr. SCHUMER, Mr. Whereas the 2009 National Basketball Asso- wait until the next disaster to make LAUTENBERG, Ms. MIKULSKI, Ms. LAN- ciation Championship marks the ninth long overdue changes in safety regula- DRIEU, Mrs. GILLIBRAND, Mr. HARKIN, championship for Los Angeles Lakers owner tion at the FAA. Mr. CARPER, Mr. SANDERS, Mr. KAUF- Gerald Hatten Buss; Whereas general manager Mitch Kupchak It is unacceptable that the NTSB rec- MAN, Mr. WYDEN, Mr. KERRY, Mr. LIE- BERMAN, Mr. UDALL of New Mexico, Mr. has built a basketball team that possesses a ommendations designed to address great balance among all-stars, veterans, and LEVIN, Mr. BROWN, Mr. WHITEHOUSE, some of the most serious aviation safe- young players; ty deficiencies continue to go Mr. BURRIS, Mr. UDALL of Colorado, Whereas the Los Angeles Lakers won 65 unaddressed by the FAA today. Ms. STABENOW, Mr. BAUCUS, Ms. CANT- games in the 2009 regular season and de- WELL, Mr. BINGAMAN, Mr. INOUYE, Mr. feated the Utah Jazz, the Houston Rockets, Last May, I joined Senator SNOWE in CARDIN, Mr. SPECTER, Mr. JOHNSON, Mr. the Denver Nuggets, and the Orlando Magic sending a letter to the Department of FEINGOLD, Mr. LEAHY, Mr. TESTER, Ms. in the 2009 National Basketball Association Transportation urging the agency to SNOWE, Mr. BEGICH, Mr. AKAKA, Mr. playoffs; and take immediate action to address Whereas each player for the Los Angeles BENNET, Mrs. FEINSTEIN, Mr. WARNER, NTSB recommendations that lan- Lakers, including Trevor Ariza, Shannon Mrs. MCCASKILL, Mr. REED, Mr. KEN- guished on its Most Wanted list for Brown, Kobe Bryant, Andrew Bynum, Jordan NEDY, Mr. MERKLEY, and Mrs. LINCOLN) Farmar, Derek Fisher, Pau Gasol, Didier years and other pressing safety con- submitted the following resolution; cerns. Ilunga-Mbenga, Adam Morrison, Lamar which was referred to the Committee Odom, Josh Powell, Sasha Vujacic, Luke In some instances, recommendations on the Judiciary: Walton, and Sue Yue, contributed to what such as those meant to address pilot fa- S. RES. 187 was truly a team effort during the regular tigue, have been on the NTSB Most season and the playoffs to bring the 2009 Na- Whereas Dr. George Tiller of Wichita, Kan- tional Basketball Association Championship Wanted list since its inception 19 years sas, was shot to death while attending to the city of Los Angeles: Now, therefore, be ago. We must take immediate action to church on Sunday, May 31, 2009; ensure that no other family must en- it Whereas there is a history of violence Resolved, That the Senate— dure a similar tragedy because of against providers of reproductive health (1) congratulates the Los Angeles Lakers unmet safety recommendations and a care, as health care employees have suffered for winning the 2009 National Basketball As- lack of agency oversight. threats, hostility, and attacks in order to sociation Championship; I was encouraged by recent an- provide crucial services to patients; (2) recognizes the achievements of the Whereas the threat or use of force or phys- players, coaches, and staff whose hard work nouncements from the FAA about the ical obstruction has been used to injure, in- agency’s initiative to revise work hour and dedication made winning the champion- timidate, or interfere with individuals seek- ship possible; and rules to address pilot fatigue and to ing to obtain or provide health care services; (3) directs the Secretary of the Senate to conduct emergency inspections at pilot and transmit a copy of this resolution to— training facilities. I believe this is a Whereas acts of violence are never an ac- (A) the 2009 Los Angeles Lakers team and step in the right direction, but we must ceptable means of expression and shall al- their head coach Phil Jackson; do more. ways be condemned: Now, therefore, be it (B) the Los Angeles Lakers owner Gerald Resolved, That the Senate— That is why I am proud to join Sen- Hatten Buss; and (1) expresses great sympathy for the fam- (C) the Los Angeles Lakers general man- ator SNOWE in introducing the Ensur- ily, friends, and patients of Dr. George Till- ager Mitch Kupchack. ing One Level of Aviation Safety Act of er; 2009, to address some of the more egre- (2) recognizes that acts of violence should f gious aviation safety deficiencies. Our never be used to prevent women from receiv- AMENDMENTS SUBMITTED AND bill requires the FAA to implement ing reproductive health care; and PROPOSED unfulfilled NTSB recommendations and (3) condemns the use of violence as a means of resolving differences of opinion. SA 1321. Mr. GRAHAM submitted an to do more oversight of regional air- amendment intended to be proposed by him lines and pilot training academies. The f to the bill S. 1023, to establish a non-profit bill also requires the FAA to update SENATE RESOLUTION 188—CON- corporation to communicate United States minimum training standards and hours GRATULATING THE LOS ANGE- entry policies and otherwise promote leisure, of experience requirements for pilots. business, and scholarly travel to the United LES LAKERS FOR WINNING THE States; which was ordered to lie on the table. Finally, this legislation mandates 2009 NATIONAL BASKETBALL SA 1322. Mr. INHOFE (for himself and Mr. continuing education training for pi- CHAMPIONSHIP COBURN) submitted an amendment intended lots, requires the development of air- Mrs. BOXER (for herself and Mrs. to be proposed by him to the bill S. 1023, line fatigue management plans, and al- supra; which was ordered to lie on the table. FEINSTEIN) submitted the following res- SA 1323. Mr. LIEBERMAN submitted an lows carriers immediate access to pilot olution; which was considered and amendment intended to be proposed by him performance records. agreed to: to the bill S. 1023, supra; which was ordered I look forward to working with my S. RES. 188 to lie on the table. SA 1324. Mr. FEINGOLD submitted an colleagues and the FAA to implement Whereas, on June 14, 2009, the Los Angeles this legislation and to take additional amendment intended to be proposed by him Lakers defeated the Orlando Magic in game to the bill S. 1023, supra; which was ordered steps to ensure that there truly is no 5 of the 2009 National Basketball Association to lie on the table. difference in safety between major car- Championship Finals; SA 1325. Mr. BROWNBACK (for himself, riers and regional airlines. Whereas that triumph marks the 15th Na- Mr. KYL, Mr. CRAPO, Mr. ROBERTS, Mr. We cannot wait for the next airline tional Basketball Association Championship RISCH, Mr. COBURN, Mr. CORNYN, Mr. BOND, for the Lakers franchise and 10th for the Los tragedy to take action. The flying pub- Mr. INHOFE, Mr. DEMINT, Mr. BUNNING, Mr. Angeles Lakers; BENNETT, Mr. CHAMBLISS, and Mr. JOHANNS) lic must be assured that the FAA and Whereas that triumph also marks the submitted an amendment intended to be pro- the airlines are doing their part to fourth National Basketball Association posed by him to the bill S. 1023, supra; which make safety the No. 1 priority. Championship victory for the Los Angeles was ordered to lie on the table.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15401 SA 1326. Mrs. FEINSTEIN (for herself and wise promote leisure, business, and 2009, and any additional amounts shall be Mr. LIEBERMAN) submitted an amendment scholarly travel to the United States; used by the Secretary for travel security intended to be proposed by her to the bill S. which was ordered to lie on the table; programs authorized under section 217 of the 1023, supra; which was ordered to lie on the as follows: Immigration and Nationality Act (8 U.S.C. table. 1187), including the Electronic System for SA 1327. Mr. REID (for Mr. KENNEDY (for At the end, add the following: Travel Authorization (ESTA) and the United himself and Mr. KERRY)) submitted an SEC. 9. EXEMPTION OF FISHING GUIDES AND States Visitor and Immigrant Status Indi- amendment intended to be proposed by Mr. OTHER OPERATORS OF cator Technology (US–VISIT). Amounts col- UNINSPECTED VESSELS ON LAKE REID to the bill S. 1023, supra; which was or- TEXOMA FROM COAST GUARD AND lected under clause (i)(II) shall be trans- dered to lie on the table. OTHER REGULATIONS. ferred to the general fund of the Treasury SA 1328. Mr. COBURN submitted an (a) EXEMPTION.— and made available to pay the costs incurred amendment intended to be proposed by him (1) EXEMPTION OF STATE LICENSEES FROM to administer the System. to the bill S. 1023, supra; which was ordered COAST GUARD REGULATION.—Residents or non- ‘‘(iii) SUNSET OF TRAVEL PROMOTION FUND to lie on the table. residents who assist, accompany, transport, FEE.—The Secretary may not collect the fee SA 1329. Mr. CORKER (for himself and Mr. guide, or aid persons in the taking of fish for authorized by clause (i)(I) for fiscal years be- WARNER) submitted an amendment intended monetary compensation or other consider- ginning after September 30, 2014.’’. to be proposed by him to the bill S. 1023, ation on Lake Texoma who are licensed by (b) STRATEGIC PLAN.— supra; which was ordered to lie on the table. the State in which they are operating shall (1) IN GENERAL.—Section 217(h)(3) of the SA 1330. Mr. SANDERS submitted an not be subject to any requirement estab- Immigration and Nationality Act (8 U.S.C. amendment intended to be proposed by him lished or administered by the Coast Guard 1187(h)(3)) is amended by adding at the end to the bill S. 1023, supra; which was ordered with respect to that operation. the following: to lie on the table. (2) EXEMPTION OF COAST GUARD LICENSEES ‘‘(E) STRATEGIC PLAN.— SA 1331. Mr. COBURN submitted an FROM STATE REGULATION.—Residents or non- ‘‘(i) SUBMISSION.—Not later than 180 days amendment intended to be proposed by him residents who assist, accompany, transport, after the date of the enactment of the Travel to the bill S. 1023, supra; which was ordered guide, or aid persons in the taking of fish for Promotion Act of 2009, the Secretary of to lie on the table. monetary compensation or other consider- Homeland Security shall prepare and submit SA 1332. Mr. COBURN submitted an ation on Lake Texoma who are currently li- a strategic plan to the recipients listed amendment intended to be proposed by him censed by the Coast Guard to conduct such under clause (ii) that describes how the full to the bill S. 1023, supra; which was ordered activities shall not be subject to State regu- implementation of the System will ensure to lie on the table. lation for as long as the Coast Guard license that all individuals traveling by airplane to SA 1333. Mr. COBURN submitted an for such activities remains valid. the United States from a program country amendment intended to be proposed by him (b) STATE REQUIREMENTS NOT AFFECTED.— have their travel authorization verified be- to the bill S. 1023, supra; which was ordered Except as provided in subsection (a)(2), this fore boarding the airplane. to lie on the table. section does not affect any requirement ‘‘(ii) RECIPIENTS.—The strategic plan pre- SA 1334. Mr. COBURN submitted an under State law or under any license issued pared under clause (i) shall be submitted to— amendment intended to be proposed by him under State law. ‘‘(I) the Committee on Appropriations of to the bill S. 1023, supra; which was ordered SEC. 10. WAIVER OF BIOMETRIC TRANSPOR- the Senate; to lie on the table. TATION SECURITY CARD REQUIRE- ‘‘(II) the Committee on Homeland Security SA 1335. Mr. BARRASSO submitted an MENT FOR CERTAIN SMALL BUSI- and Governmental Affairs of the Senate; amendment intended to be proposed by him NESS MERCHANT MARINERS. ‘‘(III) the Committee on the Judiciary of to the bill S. 1023, supra; which was ordered Section 70105(b)(2)(B) of title 46, United the Senate; to lie on the table. States Code, is amended by inserting ‘‘and ‘‘(IV) the Committee on Appropriations of SA 1336. Ms. SNOWE submitted an amend- serving under the authority of such license, the House of Representatives; ment intended to be proposed by her to the certificate of registry, or merchant mariners ‘‘(V) the Committee on Homeland Security bill S. 1023, supra; which was ordered to lie document on a vessel for which the owner or of the House of Representatives; on the table. operator of such vessel is required to submit ‘‘(VI) the Committee on the Judiciary of SA 1337. Ms. SNOWE submitted an amend- a vessel security plan under section 70103(c) the House of Representatives; and ment intended to be proposed by her to the of this title’’ before the semicolon. ‘‘(VII) the Comptroller General of the bill S. 1023, supra; which was ordered to lie United States. on the table. SA 1323. Mr. LIEBERMAN– sub- ‘‘(iii) MILESTONES.—The strategic plan pre- f mitted an amendment intended to be pared under clause (i) shall include a de- proposed by him to the bill S. 1023, to tailed timeline that describes the specific ac- TEXT OF AMENDMENTS establish a non-profit corporation to tions that will be taken to achieve the fol- SA 1321. Mr. GRAHAM submitted an communicate United States entry poli- lowing milestones: amendment intended to be proposed by cies and otherwise promote leisure, ‘‘(I) Enrollment of all travelers from pro- him to the bill S. 1023, to establish a gram countries into the System. business, and scholarly travel to the ‘‘(II) Incorporation of the airlines into the non-profit corporation to communicate United States; which was ordered to lie System. United States entry policies and other- on the table; as follows: ‘‘(III) Deployment of the technology of the wise promote leisure, business, and On page 19, strike line 13 and all that fol- System in all airports located in program scholarly travel to the United States; lows through page 25, line 10, and insert the countries, either through the use of stand- which was ordered to lie on the table; following: alone kiosks or through the participation of as follows: SEC. 5. ELECTRONIC SYSTEM FOR TRAVEL AU- the airlines. ‘‘(IV) Verification of travel authorizations At the end, insert the following: THORIZATION. (a) TRAVEL PROMOTION FUND FEES.—Sec- of all aliens described in subsection (a) be- SEC. l. RESTORATION OF DEDUCTION FOR tion 217(h)(3)(B) of the Immigration and Na- fore they board an airplane bound for the TRAVEL EXPENSES OF SPOUSE, ETC. ACCOMPANYING TAXPAYER ON tionality Act (8 U.S.C. 1187(h)(3)(B)) is United States. BUSINESS TRAVEL. amended to read as follows: ‘‘(V) Administration of the System solely (a) IN GENERAL.—Subsection (m) of section ‘‘(B) FEES.— with fees collected under subparagraph 274 of the Internal Revenue Code of 1986 (re- ‘‘(i) IN GENERAL.—No later than September (B)(i)(II). lating to additional limitations on travel ex- 30, 2009, the Secretary of Homeland Security ‘‘(iv) COMMUNICATIONS STRATEGY.—The penses) is amended by striking paragraph (3). shall establish a fee for the use of the Sys- strategic plan prepared under clause (i) shall (b) EFFECTIVE DATE.—The amendment tem and begin assessment and collection of include— made by this section shall apply to amounts that fee. The initial fee shall be the sum of— ‘‘(I) an analysis of the System’s commu- paid or incurred after the date of the enact- ‘‘(I) $10 per travel authorization; and nications strategy; and ment of this Act. ‘‘(II) an amount that will at least ensure ‘‘(II) recommendation for improving the recovery of the full costs of providing and communications strategy to ensure that all SA 1322. Mr. INHOFE (for himself administering the System, as determined by travelers to the United States from program the Secretary. countries are informed of the requirements and Mr. COBURN) submitted an amend- ‘‘(ii) DISPOSITION OF AMOUNTS COLLECTED.— under this section.’’. ment intended to be proposed by him From the amounts collected under clause (2) GAO REVIEW.—Not later than 90 days to the bill S. 1023, to establish a non- (i)(I), $100,000,000 shall be credited to the after receiving a copy of the strategic plan profit corporation to communicate Travel Promotion Fund established under under section 217(h)(3)(E) of the Immigration United States entry policies and other- section 4 of the Travel Promotion Act of and Nationality Act, as added by paragraph

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15402 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 (1), the Comptroller General shall complete a SEC. 7. OFFICE OF TRAVEL PROMOTION. retary of Homeland Security to carry out review of the plan to determine whether the Title II of the International Travel Act of subsection (c)(2).’’. plan addresses the main security risks asso- 1961 (22 U.S.C. 2121 et seq.) is amended by in- ciated with the Electronic System for Travel serting after section 201 the following: SA 1324. Mr. FEINGOLD submitted Authorization in an efficient, cost effective, ‘‘SEC. 202. OFFICE OF TRAVEL PROMOTION. an amendment intended to be proposed and timely manner. ‘‘(a) OFFICE ESTABLISHED.—There is estab- by him to the bill S. 1023, to establish (c) FUNDING LIMITATION.—None of the lished within the Department of Commerce a non-profit corporation to commu- amounts made available to the Secretary of an office to be known as the Office of Travel Homeland Security under section Promotion. nicate United States entry policies and 217(h)(3)(B)(i)(II) of the Immigration and Na- ‘‘(b) DIRECTOR.— otherwise promote leisure, business, tionality Act, as added by subsection (a), to ‘‘(1) APPOINTMENT.—The Office shall be and scholarly travel to the United carry out the Electronic System for Travel headed by a Director who shall be appointed States; which was ordered to lie on the Authorization authorized under section by the Secretary. table; as follows: 217(h)(3) of such Act may be expended until ‘‘(2) QUALIFICATIONS.—The Director shall At the end of the bill, add the following: the Secretary submits the strategic plan re- be a citizen of the United States and have ex- quired by section 217(h)(3)(E) of such Act. perience in a field directly related to the TITLE I—COMMISSIONS ON WARTIME SEC. 6. ASSESSMENT AUTHORITY. promotion of travel to and within the United TREATMENT (a) IN GENERAL.—Except as otherwise pro- States. SEC. 101. SHORT TITLE. ‘‘(3) DUTIES.—The Director shall— vided in this section, the Corporation may This title may be cited as the ‘‘Wartime ‘‘(A) report to the Secretary; impose an annual assessment on United Treatment Study Act’’. States members of the international travel ‘‘(B) ensure that the Office is effectively and tourism industry (other than those de- carrying out its functions; and SEC. 102. FINDINGS. scribed in section 2(b)(1)(C) or (H)) rep- ‘‘(C) perform a purely advisory role relat- Congress makes the following findings: resented on the Board in proportion to their ing to any responsibilities described in sub- (1) During World War II, the United States share of the aggregate international travel section (c) that are related to functions car- Government deemed as ‘‘enemy aliens’’ more and tourism revenue of the industry. The ried out by the Department of Homeland Se- than 600,000 Italian-born and 300,000 German- Corporation shall be responsible for curity or the Department of State. born United States resident aliens and their verifying, implementing, and collecting the ‘‘(4) RULE OF CONSTRUCTION.—Nothing in families, requiring them to carry Certifi- assessment authorized by this section. this section may be construed to override cates of Identification and limiting their (b) INITIAL ASSESSMENT LIMITED.—The Cor- the preeminent role of the Secretary of travel and personal property rights. At that poration may establish the initial assess- Homeland Security in setting policies relat- time, these groups were the two largest for- ment after the date of enactment of the ing to the Nation’s ports of entry and the eign-born groups in the United States. Travel and Tourism Promotion Act at no processes through which individuals are ad- (2) During World War II, the United States greater, in the aggregate, than $20,000,000. mitted into the United States. Government arrested, interned, or otherwise (c) REFERENDA.— ‘‘(c) FUNCTIONS.—The Office shall— detained thousands of European Americans, (1) IN GENERAL.—The Corporation may not ‘‘(1) serve as liaison to the Corporation for some remaining in custody for years after impose an annual assessment unless— Travel Promotion established by section 2 of cessation of World War II hostilities, and re- (A) the Corporation submits the proposed the Travel Promotion Act of 2009 and sup- patriated, exchanged, or deported European annual assessment to members of the indus- port and encourage the development of pro- Americans, including American-born chil- try in a referendum; and grams to increase the number of inter- dren, to European Axis nations, many to be (B) the assessment is approved by a major- national visitors to the United States for exchanged for Americans held in those na- ity of those voting in the referendum. business, leisure, educational, medical, ex- tions. (2) PROCEDURAL REQUIREMENTS.—In con- change, and other purposes; (3) Pursuant to a policy coordinated by the ducting a referendum under this subsection, ‘‘(2) work with the Corporation, the Sec- United States with Latin American nations, the Corporation shall— retary of State and the Secretary of Home- thousands of European Latin Americans, in- (A) provide written or electronic notice not land Security— cluding German and Austrian Jews, were ar- less than 60 days before the date of the ref- ‘‘(A) to disseminate information more ef- rested, relocated to the United States, and erendum; fectively to potential international visitors interned. Many were later repatriated or de- (B) describe the proposed assessment or in- about documentation and procedures re- ported to European Axis nations during crease and explain the reasons for the ref- quired for admission to the United States as World War II and exchanged for Americans erendum in the notice; and a visitor; and Latin Americans held in those nations. (C) determine the results of the referendum ‘‘(B) to advise the Secretary of Homeland (4) Millions of European Americans served on the basis of weighted voting apportioned Security on ways to improve the experience in the Armed Forces and thousands sac- according to each business entity’s relative of incoming international passengers and to rificed their lives in defense of the United share of the aggregate annual United States provide these passengers with more accurate States. international travel and tourism revenue for information; (5) The wartime policies of the United the industry per business entity, treating all ‘‘(C) to collect accurate data on the total States Government were devastating to the related entities as a single entity. number of international visitors that visit German American and Italian American (d) COLLECTION.— each State; and communities, individuals, and their families. (1) IN GENERAL.—The Corporation shall es- ‘‘(D) to advise the Secretary of Homeland The detrimental effects are still being expe- tablish a means of collecting the assessment Security on ways to enhance the entry and rienced. that it finds to be efficient and effective. The departure experience for international visi- (6) Prior to and during World War II, the Corporation may establish a late payment tors through the use of advertising, signage, United States restricted the entry of Jewish charge and rate of interest to be imposed on and customer service; and refugees who were fleeing persecution or any person who fails to remit or pay to the ‘‘(3) support State, regional, and private genocide and sought safety in the United Corporation any amount assessed by the Cor- sector initiatives to promote travel to and States. During the 1930s and 1940s, the quota poration under this Act. within the United States. system, immigration regulations, visa re- (2) ENFORCEMENT.—The Corporation may ‘‘(d) REPORTS TO CONGRESS.—Not later than quirements, and the time required to process bring suit in Federal court to compel compli- 1 year after the date of the enactment of the visa applications affected the number of ance with an assessment levied by the Cor- Travel Promotion Act of 2009, and periodi- Jewish refugees, particularly those from poration under this Act. cally thereafter, as appropriate, the Sec- Germany and Austria, who could gain admit- (e) INVESTMENT OF FUNDS.—Pending dis- retary shall submit a report to the Com- tance to the United States. bursement pursuant to a program, plan, or mittee on Commerce, Science, and Transpor- (7) The United States Government should project, the Corporation may invest funds tation of the Senate, the Committee on conduct an independent review to fully as- collected through assessments, and any Homeland Security and Governmental Af- sess and acknowledge these actions. Con- other funds received by the Corporation, fairs of the Senate, the Committee on For- gress has previously reviewed the United only in obligations of the United States or eign Relations of the Senate, the Committee States Government’s wartime treatment of any agency thereof, in general obligations of on Energy and Commerce of the House of Japanese Americans through the Commis- any State or any political subdivision there- Representatives, the Committee on Home- sion on Wartime Relocation and Internment of, in any interest-bearing account or certifi- land Security of the House of Representa- of Civilians. An independent review of the cate of deposit of a bank that is a member of tives, and the Committee on Foreign Affairs treatment of German Americans and Italian the Federal Reserve System, or in obliga- of the House of Representatives, which de- Americans and of Jewish refugees fleeing tions fully guaranteed as to principal and in- scribes the Office’s work with the Corpora- persecution and genocide has not yet been terest by the United States. tion, the Secretary of State, and the Sec- undertaken.

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(8) Time is of the essence for the establish- (h) COMPENSATION.— (3) A brief review of the participation by ment of commissions, because of the increas- (1) IN GENERAL.—Members of the European European Americans in the United States ing danger of destruction and loss of relevant American Commission shall serve without Armed Forces, including the participation of documents, the advanced age of potential pay. European Americans whose families were ex- witnesses and, most importantly, the ad- (2) REIMBURSEMENT OF EXPENSES.—All cluded, interned, repatriated, or exchanged. vanced age of those affected by the United members of the European American Commis- (4) A recommendation of appropriate rem- States Government’s policies. Many who suf- sion shall be reimbursed for reasonable trav- edies, including public education programs fered have already passed away and will el and subsistence, and other reasonable and and the creation of a comprehensive online never know of this effort. necessary expenses incurred by them in the database by the National Archives and SEC. 103. DEFINITIONS. performance of their duties. Records Administration of documents re- In this title: SEC. 112. DUTIES OF THE EUROPEAN AMERICAN lated to the United States Government’s (1) DURING WORLD WAR II.—The term ‘‘dur- COMMISSION. wartime treatment of European Americans ing World War II’’ refers to the period be- (a) IN GENERAL.—It shall be the duty of the and European Latin Americans during World tween September 1, 1939, through December European American Commission to review War II. 31, 1948. the United States Government’s wartime (c) FIELD HEARINGS.—The European Amer- (2) EUROPEAN AMERICANS.— treatment of European Americans and Euro- ican Commission shall hold public hearings (A) IN GENERAL.—The term ‘‘European pean Latin Americans as provided in sub- in such cities of the United States as it Americans’’ refers to United States citizens section (b). deems appropriate. and resident aliens of European ancestry, in- (b) SCOPE OF REVIEW.—The European (d) REPORT.—The European American Com- cluding Italian Americans, German Ameri- American Commission’s review shall include mission shall submit a written report of its findings and recommendations to Congress cans, Hungarian Americans, Romanian the following: not later than 18 months after the date of Americans, and Bulgarian Americans. (1) A comprehensive review of the facts and the first meeting called pursuant to section (B) GERMAN AMERICANS.—The term ‘‘Ger- circumstances surrounding United States 111(e). man Americans’’ refers to United States citi- Government action during World War II with zens and resident aliens of German ancestry. respect to European Americans and Euro- SEC. 113. POWERS OF THE EUROPEAN AMERICAN COMMISSION. (C) ITALIAN AMERICANS.—The term ‘‘Italian pean Latin Americans pursuant to United (a) IN GENERAL.—The European American Americans’’ refers to United States citizens States laws and directives, including the Commission or, on the authorization of the Alien Enemies Acts (50 U.S.C. 21 et seq.), and resident aliens of Italian ancestry. Commission, any subcommittee or member Presidential Proclamations 2526, 2527, 2655, (3) EUROPEAN LATIN AMERICANS.—The term thereof, may, for the purpose of carrying out 2662, and 2685, Executive Orders 9066 and 9095, ‘‘European Latin Americans’’ refers to per- the provisions of this subtitle, hold such and any directive of the United States Gov- sons of European ancestry, including Ger- hearings and sit and act at such times and ernment pursuant to these and other perti- man or Italian ancestry, residing in a Latin places, and request the attendance and testi- nent laws, proclamations, or executive or- American nation during World War II. mony of such witnesses and the production ders, including registration requirements, (4) LATIN AMERICAN NATION.—The term of such books, records, correspondence, travel and property restrictions, establish- ‘‘Latin American nation’’ refers to any na- memorandum, papers, and documents as the ment of restricted areas, raids, arrests, in- tion in Central America, South America, or Commission or such subcommittee or mem- the Caribbean. ternment, exclusion, policies relating to the ber may deem advisable. The European Subtitle A—Commission on Wartime families and property that excludees and in- American Commission may request the At- Treatment of European Americans ternees were forced to abandon, internee em- torney General to invoke the aid of an appro- ployment by American companies (including priate United States district court to re- SEC. 111. ESTABLISHMENT OF COMMISSION ON a list of such companies and the terms and WARTIME TREATMENT OF EURO- quire, by subpoena or otherwise, such at- PEAN AMERICANS. type of employment), exchange, repatri- tendance, testimony, or production. (a) IN GENERAL.—There is established the ation, and deportation, and the immediate (b) GOVERNMENT INFORMATION AND CO- Commission on Wartime Treatment of Euro- and long-term effect of such actions, particu- OPERATION.—The European American Com- pean Americans (referred to in this subtitle larly internment, on the lives of those af- mission may acquire directly from the head as the ‘‘European American Commission’’). fected. This review shall also include a list of any department, agency, independent in- (b) MEMBERSHIP.—The European American of— strumentality, or other authority of the ex- Commission shall be composed of 7 members, (A) all temporary detention and long-term ecutive branch of the Government, available who shall be appointed not later than 90 days internment facilities in the United States information that the European American after the date of enactment of this Act as and Latin American nations that were used Commission considers useful in the dis- follows: to detain or intern European Americans and charge of its duties. All departments, agen- (1) Three members shall be appointed by European Latin Americans during World War cies, and independent instrumentalities, or the President. II (in this paragraph referred to as ‘‘World other authorities of the executive branch of (2) Two members shall be appointed by the War II detention facilities’’); the Government shall cooperate with the Eu- Speaker of the House of Representatives, in (B) the names of European Americans and ropean American Commission and furnish all consultation with the minority leader. European Latin Americans who died while in information requested by the European (3) Two members shall be appointed by the World War II detention facilities and where American Commission to the extent per- majority leader of the Senate, in consulta- they were buried; mitted by law, including information col- tion with the minority leader. (C) the names of children of European lected under the Commission on Wartime (c) TERMS.—The term of office for members Americans and European Latin Americans and Internment of Civilians Act (Public Law shall be for the life of the European Amer- who were born in World War II detention fa- 96–317; 50 U.S.C. App. 1981 note) and the War- ican Commission. A vacancy in the European cilities and where they were born; and time Violation of Italian Americans Civil American Commission shall not affect its (D) the nations from which European Latin Liberties Act (Public Law 106–451; 50 U.S.C. powers, and shall be filled in the same man- Americans were brought to the United App. 1981 note). For purposes of section ner in which the original appointment was States, the ships that transported them to 552a(b)(9) of title 5, United States Code (com- made. the United States and their departure and monly known as the ‘‘Privacy Act of 1974’’), (d) REPRESENTATION.—The European Amer- disembarkation ports, the locations where the European American Commission shall be ican Commission shall include 2 members European Americans and European Latin deemed to be a committee of jurisdiction. representing the interests of Italian Ameri- Americans were exchanged for persons held SEC. 114. ADMINISTRATIVE PROVISIONS. cans and two members representing the in- in European Axis nations, and the ships that The European American Commission is au- terests of German Americans. transported them to Europe and their depar- thorized to— (e) MEETINGS.—The President shall call the ture and disembarkation ports. (1) appoint and fix the compensation of first meeting of the European American (2) An assessment of the underlying ration- such personnel as may be necessary, without Commission not later than 120 days after the ale of the decision of the United States Gov- regard to the provisions of title 5, United date of enactment of this Act. ernment to develop the programs and poli- States Code, governing appointments in the (f) QUORUM.—Four members of the Euro- cies described in paragraph (1), the informa- competitive service, and without regard to pean American Commission shall constitute tion the United States Government received the provisions of chapter 51 and subchapter a quorum, but a lesser number may hold or acquired suggesting these programs and III of chapter 53 of such title relating to clas- hearings. policies were necessary, the perceived ben- sification and General Schedule pay rates, (g) CHAIRMAN.—The European American efit of enacting such programs and policies, except that the compensation of any em- Commission shall elect a Chairman and Vice and the immediate and long-term impact of ployee of the Commission may not exceed a Chairman from among its members. The such programs and policies on European rate equivalent to the rate payable under term of office of each shall be for the life of Americans and European Latin Americans GS–15 of the General Schedule under section the European American Commission. and their communities. 5332 of such title;

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DUTIES OF THE JEWISH REFUGEE COM- such personnel as may be necessary, without without reimbursement or interruption or MISSION. regard to the provisions of title 5, United loss of civil service status or privilege; (a) IN GENERAL.—It shall be the duty of the States Code, governing appointments in the (4) enter into agreements with the Admin- Jewish Refugee Commission to review the competitive service, and without regard to istrator of General Services for procurement United States Government’s refusal to allow the provisions of chapter 51 and subchapter of necessary financial and administrative Jewish and other refugees fleeing persecu- III of chapter 53 of such title relating to clas- services, for which payment shall be made by tion or genocide in Europe entry to the sification and General Schedule pay rates, reimbursement from funds of the Commis- United States as provided in subsection (b). except that the compensation of any em- sion in such amounts as may be agreed upon (b) SCOPE OF REVIEW.—The Jewish Refugee ployee of the Commission may not exceed a by the Chairman of the Commission and the Commission’s review shall cover the period rate equivalent to the rate payable under Administrator; between January 1, 1933, through December GS–15 of the General Schedule under section (5) procure supplies, services, and property 31, 1945, and shall include, to the greatest ex- 5332 of such title; by contract in accordance with applicable tent practicable, the following: (2) obtain the services of experts and con- laws and regulations and to the extent or in (1) A review of the United States Govern- sultants in accordance with the provisions of such amounts as are provided in appropria- ment’s decision to deny Jewish and other section 3109 of such title; tion Acts; and refugees fleeing persecution or genocide (3) obtain the detail of any Federal Govern- (6) enter into contracts with Federal or entry to the United States, including a re- ment employee, and such detail shall be State agencies, private firms, institutions, view of the underlying rationale of the without reimbursement or interruption or and agencies for the conduct of research or United States Government’s decision to loss of civil service status or privilege; surveys, the preparation of reports, and refuse the Jewish and other refugees entry, (4) enter into agreements with the Admin- other activities necessary to the discharge of the information the United States Govern- istrator of General Services for procurement the duties of the Commission, to the extent ment received or acquired suggesting such of necessary financial and administrative or in such amounts as are provided in appro- refusal was necessary, the perceived benefit services, for which payment shall be made by priation Acts. of such refusal, and the impact of such re- reimbursement from funds of the Commis- SEC. 115. AUTHORIZATION OF APPROPRIATIONS. fusal on the refugees. sion in such amounts as may be agreed upon There is authorized to be appropriated (2) A review of Federal refugee law and pol- by the Chairman of the Commission and the $600,000 to carry out this subtitle. icy relating to those fleeing persecution or Administrator; SEC. 116. SUNSET. genocide, including recommendations for (5) procure supplies, services, and property The European American Commission shall making it easier in the future for victims of by contract in accordance with applicable terminate 60 days after it submits its report persecution or genocide to obtain refuge in laws and regulations and to the extent or in to Congress. the United States. such amounts as are provided in appropria- (c) FIELD HEARINGS.—The Jewish Refugee tion Acts; and Subtitle B—Commission on Wartime Commission shall hold public hearings in (6) enter into contracts with Federal or Treatment of Jewish Refugees such cities of the United States as it deems State agencies, private firms, institutions, SEC. 121. ESTABLISHMENT OF COMMISSION ON appropriate. and agencies for the conduct of research or WARTIME TREATMENT OF JEWISH (d) REPORT.—The Jewish Refugee Commis- surveys, the preparation of reports, and REFUGEES. sion shall submit a written report of its find- other activities necessary to the discharge of (a) IN GENERAL.—There is established the ings and recommendations to Congress not the duties of the Commission, to the extent Commission on Wartime Treatment of Jew- later than 18 months after the date of the or in such amounts as are provided in appro- ish Refugees (referred to in this subtitle as first meeting called pursuant to section priation Acts. the ‘‘Jewish Refugee Commission’’). 121(e). SEC. 125. AUTHORIZATION OF APPROPRIATIONS. (b) MEMBERSHIP.—The Jewish Refugee Commission shall be composed of 7 members, SEC. 123. POWERS OF THE JEWISH REFUGEE There is authorized to be appropriated who shall be appointed not later than 90 days COMMISSION. $600,000 to carry out this subtitle. after the date of enactment of this Act as (a) IN GENERAL.—The Jewish Refugee Com- SEC. 126. SUNSET. follows: mission or, on the authorization of the Com- The Jewish Refugee Commission shall ter- (1) Three members shall be appointed by mission, any subcommittee or member minate 60 days after it submits its report to the President. thereof, may, for the purpose of carrying out Congress. (2) Two members shall be appointed by the the provisions of this subtitle, hold such Subtitle C—Funding Source hearings and sit and act at such times and Speaker of the House of Representatives, in SEC. 131. FUNDING SOURCE. places, and request the attendance and testi- consultation with the minority leader. Of the funds made available for the Depart- mony of such witnesses and the production (3) Two members shall be appointed by the ment of Justice by the Department of Jus- of such books, records, correspondence, majority leader of the Senate, in consulta- tice Appropriations Act, 2009 (title II of divi- memorandum, papers, and documents as the tion with the minority leader. sion B of Public Law 111–8), $1,200,000 is here- Commission or such subcommittee or mem- (c) TERMS.—The term of office for members by rescinded. shall be for the life of the Jewish Refugee ber may deem advisable. The Jewish Refugee Commission. A vacancy in the Jewish Ref- Commission may request the Attorney Gen- SA 1325. Mr. BROWNBACK (for him- eral to invoke the aid of an appropriate ugee Commission shall not affect its powers, self, Mr. KYL, Mr. CRAPO, Mr. ROBERTS, United States district court to require, by and shall be filled in the same manner in Mr. RISCH, Mr. COBURN, Mr. CORNYN, which the original appointment was made. subpoena or otherwise, such attendance, tes- Mr. BOND, Mr. INHOFE, Mr. DEMINT, Mr. (d) REPRESENTATION.—The Jewish Refugee timony, or production. Commission shall include two members rep- (b) GOVERNMENT INFORMATION AND CO- BUNNING, Mr. BENNETT, Mr. CHAMBLISS, resenting the interests of Jewish refugees. OPERATION.—The Jewish Refugee Commis- and Mr. JOHANNS) submitted an amend- (e) MEETINGS.—The President shall call the sion may acquire directly from the head of ment intended to be proposed by him first meeting of the Jewish Refugee Commis- any department, agency, independent instru- to the bill S. 1023, to establish a non- sion not later than 120 days after the date of mentality, or other authority of the execu- profit corporation to communicate tive branch of the Government, available in- enactment of this Act. United States entry policies and other- (f) QUORUM.—Four members of the Jewish formation that the Jewish Refugee Commis- Refugee Commission shall constitute a sion considers useful in the discharge of its wise promote leisure, business, and quorum, but a lesser number may hold hear- duties. All departments, agencies, and inde- scholarly travel to the United States; ings. pendent instrumentalities, or other authori- which was ordered to lie on the table; (g) CHAIRMAN.—The Jewish Refugee Com- ties of the executive branch of the Govern- as follows: mission shall elect a Chairman and Vice ment shall cooperate with the Jewish Ref- At the end of the bill, add the following: Chairman from among its members. The ugee Commission and furnish all information SEC. 9. DESIGNATION AS A COUNTRY THAT HAS term of office of each shall be for the life of requested by the Jewish Refugee Commission REPEATEDLY PROVIDED SUPPORT the Jewish Refugee Commission. to the extent permitted by law. For purposes FOR ACTS OF INTERNATIONAL TER- (h) COMPENSATION.— of section 552a(b)(9) of title 5, United States RORISM. (1) IN GENERAL.—Members of the Jewish Code (commonly known as the ‘‘Privacy Act (a) DESIGNATION.—Until the President Refugee Commission shall serve without pay. of 1974’’), the Jewish Refugee Commission makes the certification required under sub- (2) REIMBURSEMENT OF EXPENSES.—All shall be deemed to be a committee of juris- section (b), the Secretary of State shall des- members of the Jewish Refugee Commission diction. ignate the Democratic People’s Republic of

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15405 North Korea as a country that has repeat- States; which was ordered to lie on the (ii) shall serve at the pleasure of the Presi- edly provided support for acts of inter- table; as follows: dent, and may be removed for just cause in national terrorism for purposes of section At the appropriate place, insert the fol- violation of their fiduciary responsibilities 6(j) of the Export Administration Act of 1979 lowing: only; and (50 U.S.C. App. 2405(j)), section 40 of the (iii) shall serve without compensation for SEC. ll. REDESIGNATION OF LONGFELLOW NA- Arms Export Control Act (22 U.S.C. 2780), and TIONAL HISTORIC SITE, MASSACHU- their services under this section. section 620A of the Foreign Assistance Act of SETTS. (3) DUTIES OF TRUST.—Pursuant to pro- 1961 (22 U.S.C. 2371). (a) IN GENERAL.—The Longfellow National tecting the interests and investment of the (b) CERTIFICATION REGARDING ACTIONS BY Historic Site in Cambridge, Massachusetts, United States taxpayer, the trust established GOVERNMENT OF NORTH KOREA.—The certifi- shall be known and designated as ‘‘Long- under this section shall, with the purpose of cation referred to in subsection (a) is a cer- fellow House-Washington’s Headquarters Na- maximizing the profitability of the des- tification to Congress that the Government tional Historic Site’’. ignated TARP recipient— of North Korea has— (b) REFERENCES.—Any reference in a law, (A) exercise the voting rights of the shares (1) verifiably dismantled its nuclear weap- map, regulation, document, paper, or other of the taxpayer on all core governance ons programs; record of the United States to the Long- issues; (2) ceased all nuclear and missile prolifera- fellow National Historic Site shall be consid- (B) select the representation on the boards tion activities; ered to be a reference to the ‘‘Longfellow of directors of any designated TARP recipi- (3) released United States citizens Euna House-Washington’s Headquarters National ent; and Lee and Laura Ling; Historic Site’’. (C) have a fiduciary duty to the American (4) returned the last remains of United taxpayer for the maximization of the return States permanent resident, Reverend Kim SA 1328. Mr. COBURN submitted an on the investment of the taxpayer made Dong-shik; amendment intended to be proposed by under the Emergency Economic Stabiliza- (5) released, or accounted for, all foreign him to the bill S. 1023, to establish a tion Act of 2008, in the same manner and to abductees and prisoners of war; and non-profit corporation to communicate the same extent that any director of an (6) released all North Korean prisoners of United States entry policies and other- issuer of securities has with respect to its conscience. wise promote leisure, business, and shareholders under the securities laws and all applications of State law. SA 1326. Mrs. FEINSTEIN (for herself scholarly travel to the United States; (4) LIQUIDATION.—The trustees shall liq- and Mr. LIEBERMAN) submitted an which was ordered to lie on the table; uidate the trust established under this sub- amendment intended to be proposed by as follows: section, including the assets held by such her to the bill S. 1023, to establish a On page 21, strike lines 11 and 12, and in- trust, not later than December 24, 2011, un- non-profit corporation to communicate sert: less the trustees submit a report to Congress United States entry policies and other- (B) the assessment is approved unani- that liquidation would not maximize the mously by those voting in the referendum. profitability of the company and the return wise promote leisure, business, and on investment to the taxpayer. scholarly travel to the United States; SA 1329. Mr. CORKER (for himself (c) DEFINITIONS.—As used in this section— which was ordered to lie on the table; and Mr. WARNER) submitted an amend- (1) the term ‘‘designated TARP recipient’’ as follows: ment intended to be proposed by him means any entity that has received, or will Beginning on page 19, strike line 17 and all to the bill S. 1023, to establish a non- receive, financial assistance under the Trou- that follows through page 20, line 10, and in- profit corporation to communicate bled Asset Relief Program or any other pro- sert the following: vision of the Emergency Economic Stabiliza- United States entry policies and other- tion Act of 2008 (Public Law 110-343), such ‘‘(B) FEES.— wise promote leisure, business, and ‘‘(i) IN GENERAL.—Not later than Sep- that the Federal Government holds or con- tember 30, 2009, the Secretary of Homeland scholarly travel to the United States; trols, or will hold or control at a future date, Security shall establish a fee for the use of which was ordered to lie on the table; not less than a 20 percent ownership stake in the System and begin assessment and collec- as follows: the company as a result of such assistance; tion of that fee. Such fee shall be not less At the end, add the following: (2) the term ‘‘Secretary’’ means the Sec- than $20 per travel authorization and distrib- SEC. 9. TROUBLED ASSET RELIEF PROGRAM retary of the Treasury or the designee of the uted as follows: AMENDMENTS. Secretary; and ‘‘(I) $10 of each fee shall be transferred to (a) AUTHORITY OF THE SECRETARY OF THE (3) the terms ‘‘director’’, ‘‘issuer’’, ‘‘securi- the Travel Promotion Fund established by TREASURY TO DELEGATE TARP ASSET MAN- ties’’, and ‘‘securities laws’’ have the same section 4(a) of the Travel Promotion Act of AGEMENT.—Section 106(b) of the Emergency meanings as in section 3 of the Securities 2009. Economic Stabilization Act of 2008 (12 U.S.C. Exchange Act of 1934 (15 U.S.C. 78c). ‘‘(II) The amount of each fee not trans- 5216(b)) is amended by inserting before the ferred under subclause (I) shall be available period at the end the following: ‘‘, and the SA 1330. Mr. SANDERS submitted an to the Secretary of Homeland Security— Secretary may delegate such management amendment intended to be proposed by ‘‘(aa) to carry out the exit system required authority to a private entity, as the Sec- him to the bill S. 1023, to establish a by section 217(i) and similar programs at sea retary determines appropriate, with respect non-profit corporation to communicate and land ports of entry; and to any entity assisted under this Act’’. United States entry policies and other- ‘‘(bb) to ensure recovery of the full costs of (b) CREATION OF MANAGEMENT AUTHORITY wise promote leisure, business, and FOR DESIGNATED TARP RECIPIENTS.— providing and administering the System. scholarly travel to the United States; ‘‘(ii) EXCEPTION.—Any amount collected for (1) FEDERAL ASSISTANCE LIMITED.—Notwith- distribution under clause (i)(I) for a fiscal standing any provision of the Emergency which was ordered to lie on the table; year that exceeds the maximum amount that Economic Stabilization Act of 2008, or any as follows: may be transferred to the Travel Promotion other provision of law, no funds may be ex- At the appropriate place, insert the fol- Fund under subsections (b), (c), and (d) of pended under the Troubled Asset Relief Pro- lowing: section 4 of the Travel Promotion Act of 2009 gram, or any other provision of that Act, on SEC.l. ENERGY MARKET MANIPULATION PRE- for such fiscal year shall be made available or after the date of enactment of this Act, VENTION. to the Secretary of Homeland Security under until the Secretary of the Treasury transfers (a) FINDING.—The Congress finds as fol- clause (i)(II). all voting, nonvoting, and common equity in lows: ‘‘(iii) ANNUAL REPORT.—The Secretary of any designated TARP recipient to a limited (1) The Commodity Futures Trading Com- Homeland Security shall submit to Congress liability company established by the Sec- mission was created as an independent agen- an annual report on the use of the fees de- retary for such purpose, to be held and man- cy, in 1974, with the mandate to enforce and scribed in clause (i). aged in trust on behalf of the United States administer the Commodity Exchange Act, to taxpayers. ensure market integrity, to protect market SA 1327. Mr. REID (for Mr. KENNEDY (2) APPOINTMENT OF TRUSTEES.— users from fraud and abusive trading prac- (for himself and Mr. KERRY)) submitted (A) IN GENERAL.—The President shall ap- tices, and to prevent and prosecute manipu- an amendment intended to be proposed point 3 independent trustees to manage the lation of the price of any commodity in equity held in the trust, separate and apart interstate commerce. by Mr. REID to the bill S. 1023, to estab- from the United States Government. (2) Congress has given the Commodity Fu- lish a non-profit corporation to com- (B) CRITERIA.—Trustees appointed under tures Trading Commission authority under municate United States entry policies this subsection— the Commodity Exchange Act to take nec- and otherwise promote leisure, busi- (i) may not be elected or appointed Govern- essary actions to address market emer- ness, and scholarly travel to the United ment officials; gencies.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15406 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 (3) The Commodity Futures Trading Com- him to the bill S. 1023, to establish a nicate United States entry policies and mission may use its emergency authority non-profit corporation to communicate otherwise promote leisure, business, with respect to any major market disturb- United States entry policies and other- and scholarly travel to the United ance which prevents the market from accu- wise promote leisure, business, and States; which was ordered to lie on the rately reflecting the forces of supply and de- mand for a commodity. scholarly travel to the United States; table; as follows: (4) Congress has declared, in section 4a of which was ordered to lie on the table; On page 9, strike lines 16 through 19 and in- the Commodity Exchange Act, that excessive as follows: sert the following: speculation imposes an undue and unneces- At the appropriate place, insert the fol- by international travelers; sary burden on interstate commerce. lowing: (E) to give priority to the Corporation’s ef- (5) In May of 2009, crude oil inventories in ll. REVIEW TO PREVENT DUPLICATION.— forts with respect to countries and popu- the United States were at their highest level Notwithstanding any other provision of law lations most likely to travel to the United in 20 years. or of this Act, not later than 60 days after States; and (6) In May of 2009, demand for oil in the the date of the enactment of this Act, as (F) after seeking the advice of federally United States dropped to its lowest level in part of the Administration’s effort to go line recognized Indian tribes, to identify opportu- more than a decade. by line through the Federal budget to elimi- nities and strategies to promote inter- (7) As of June 17, 2009, average retail gaso- nate duplicative government programs, the national tourism and bring the benefits of line prices have risen for 50 consecutive days, Secretary of Commerce, in consultation with international travel to Indian and Alaska the longest streak on record. Native communities. (8) The national average price of a gallon the Secretary of Homeland Security, the Secretary of State, and the Director of the of gasoline has jumped from $1.61 a gallon in SA 1336. Ms. SNOWE submitted an late December of 2008 to over $2.67 as of June Office of Management and Budget, shall— (1) evaluate the Office of Travel Promotion amendment intended to be proposed by 17, 2009. her to the bill S. 1023, to establish a (9) The Energy Information Administra- established in section 7 of this Act and the tion reported on June 17, 2009 that U.S. gaso- existing Office of Travel and Tourism at the non-profit corporation to communicate line stocks rose by 3.4 million barrels last Department of Commerce; United States entry policies and other- week. (2) determine which duties and activities of wise promote leisure, business, and (10) As of June 17, 2009, crude oil prices the Office of Travel Promotion are duplica- scholarly travel to the United States; have more than doubled since February of tive of existing activities at the Depart- which was ordered to lie on the table; ments of Commerce, the Department of 2009. as follows: (11) The International Energy Agency pre- Homeland Security, the Department of dicted in June of 2009 that global oil demand State, or any other Federal agency or de- At the end, add the following: will go down in 2009 by 2.47 million barrels partment; TITLE ll—SMALL BUSINESS EXPORT per day, including a one million barrel per (3) consolidate any essential and non-dupli- OPPORTUNITY DEVELOPMENT day reduction in oil demand in the United cative activities; and SEC. l01. SHORT TITLE. States. (4) eliminate the Office of Travel Pro- This title may be cited as the ‘‘Small Busi- (b) DIRECTION FROM CONGRESS.—The Com- motion. ness Export Opportunity Development Act of modity Futures Trading Commission shall 2009’’. utilize all its authority, including its emer- SA 1333. Mr. COBURN submitted an SEC. l02. DEFINITIONS. gency powers, to— amendment intended to be proposed by In this title— (1) curb immediately the role of excessive him to the bill S. 1023, to establish a (1) the terms ‘‘Administration’’ and ‘‘Ad- speculation in any contract market within non-profit corporation to communicate ministrator’’ mean the Small Business Ad- the jurisdiction and control of the Com- United States entry policies and other- ministration and the Administrator thereof, modity Futures Trading Commission, on or respectively; through which energy futures or swaps are wise promote leisure, business, and (2) the term ‘‘Export Assistance Center’’ traded; and (2) eliminate excessive specula- scholarly travel to the United States; means a one-stop shop referred to in section tion, price distortion, sudden or unreason- which was ordered to lie on the table; 2301(b)(8) of the Omnibus Trade and Competi- able fluctuations or unwarranted changes in as follows: tiveness Act of 1988 (15 U.S.C. 4721(b)(8)); prices, or other unlawful activity that is On page 22, strike lines 12 through 15. (3) the term ‘‘export loan programs’’ means causing major market disturbances that pre- the programs of the Administration under vent the market from accurately reflecting SA 1334. Mr. COBURN submitted an paragraphs (14) and (16) of section 7(a) of the the forces of supply and demand for energy amendment intended to be proposed by Small Business Act (15 U.S.C. 636(a)) and sec- commodities. him to the bill S. 1023, to establish a tion 22 of that Act (15 U.S.C. 649), as amended by this title; and SA 1331. Mr. COBURN submitted an non-profit corporation to communicate (4) the term ‘‘small business concern’’ has amendment intended to be proposed by United States entry policies and other- the same meaning as in section 3 of the him to the bill S. 1023, to establish a wise promote leisure, business, and Small Business Act (15 U.S.C. 632). non-profit corporation to communicate scholarly travel to the United States; SEC. l03. OFFICE OF SMALL BUSINESS EXPORT United States entry policies and other- which was ordered to lie on the table; DEVELOPMENT AND PROMOTION. wise promote leisure, business, and as follows: (a) OFFICE OF SMALL BUSINESS EXPORT DE- VELOPMENT AND PROMOTION.—Section 22 of scholarly travel to the United States; On page 20, between lines 10 and 11, insert the Small Business Act (15 U.S.C. 649) is the following: which was ordered to lie on the table; amended to read as follows: as follows: ‘‘(iii) LIMITATION ON COLLECTION OF FEES.— Notwithstanding clause (i), the Secretary of ‘‘SEC. 22. OFFICE OF SMALL BUSINESS EXPORT On page 20, between lines 10 and 11, insert DEVELOPMENT AND PROMOTION. Homeland Security may not assess or collect the following: ‘‘(a) DEFINITIONS.—In this section— the fee described in that clause after the ‘‘(iii) LIMITATION ON COLLECTION OF FEES.— ‘‘(1) the term ‘accredited export assistance Notwithstanding clause (i), the Secretary of date on which— program’ means a program— Homeland Security may not assess or collect ‘‘(I) the Secretary of Homeland Security ‘‘(A) that provides counseling and assist- the fee described in that clause after the makes a determination that a program coun- ance relating to exporting to small business date on which— try designated under subsection (c) has im- concerns; and ‘‘(I) the Secretary of Homeland Security posed, in response to the fee assesses and col- ‘‘(B) in which not less than 20 percent of makes a determination that a program coun- lected under clause (i), a fee on students who the technical assistance staff members are try designated under subsection (c) has im- are nationals of the United States traveling certified in providing export assistance posed, in response to the fee assesses and col- to that program country to participate in a under subsection (g)(2); lected under clause (i), a fee on nationals of study abroad program; or ‘‘(2) the term ‘Associate Administrator’ the United States traveling to that program ‘‘(II) the Secretary of State makes and sub- means the Associate Administrator for Ex- country; or mits to Congress and the Secretary of Home- port Development and Promotion; ‘‘(II) the Secretary of State makes and sub- land Security the determination described in ‘‘(3) the term ‘Export Assistance Center’ mits to Congress and the Secretary of Home- subclause (I). means a one-stop shop referred to in section land Security the determination described in 2301(b)(8) of the Omnibus Trade and Competi- subclause (I). SA 1335. Mr. BARRASSO submitted tiveness Act of 1988 (15 U.S.C. 4721(b)(8)); an amendment intended to be proposed ‘‘(4) the term ‘export development officer’ SA 1332. Mr. COBURN submitted an by him to the bill S. 1023, to establish means an individual described in subsection amendment intended to be proposed by a non-profit corporation to commu- (d)(8);

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15407 ‘‘(5) the term ‘Office’ means the Office of ‘‘(D) assisting in increasing international ‘‘(A) assist small business concerns in ob- Export Promotion and Development estab- marketing by disseminating relevant infor- taining export information and assistance lished under subsection (b)(1); and mation regarding market leads, linking po- from other Federal departments and agen- ‘‘(6) the term ‘Service Corps of Retired Ex- tential sellers and buyers, and catalyzing the cies; ecutives’ means the Service Corps of Retired formation of joint ventures, where appro- ‘‘(B) maintain a directory of all programs Executives authorized by section 8(b)(1). priate; which provide export information and assist- ‘‘(b) OFFICE ESTABLISHED.— ‘‘(2) in cooperation with the Department of ance to small business concerns in the re- ‘‘(1) ESTABLISHMENT.—There is established Commerce, actively assisting small business gion; within the Administration an Office of Ex- concerns in forming and using export trading ‘‘(C) encourage financial institutions to de- port Promotion and Development, which companies, export management companies velop and expand programs for export financ- shall carry out the programs under this sec- and research and development pools author- ing; tion. ized under section 9 of this Act; ‘‘(D) provide advice to personnel of the Ad- ‘‘(2) ASSOCIATE ADMINISTRATOR.—The head ‘‘(3) working in conjunction with other ministration involved in making loans, loan of the Office shall be the Associate Adminis- Federal agencies, regional and district of- guarantees, and extensions and revolving trator for Export Development and Pro- fices of the Administration, the small busi- lines of credit, and providing other forms of motion, who shall report directly to the Ad- ness development center network, and the assistance to small business concerns en- ministrator. private sector to identify and publicize gaged in exports; and ‘‘(c) DUTIES OF OFFICE.—The Associate Ad- translation services, including those avail- ‘‘(E) not later than 120 days after the date able through colleges and universities par- ministrator, working in close cooperation on which the person is appointed as an ex- ticipating in the small business development with the Department of Commerce, the port development officer, and not less fre- center program; United States Trade Representative, the Ex- quently than once each year thereafter, par- ‘‘(4) working closely with the Department port-Import Bank, other relevant Federal ticipate in training programs designed by of Commerce and other relevant Federal agencies, small business development cen- the Administrator, in conjunction with the ters, regional and district offices of the Ad- agencies to— ‘‘(A) collect, analyze, and periodically up- Department of Commerce and other Federal ministration, the small business community, departments and agencies, to study export and relevant State and local export pro- date relevant data regarding the small busi- ness share of United States exports and the programs and to examine the needs of small motion programs, shall— business concerns for export information and ‘‘(1) maintain a distribution network for nature of State exports (including the pro- duction of Gross State Product figures) and assistance; export promotion, export finance, trade ad- ‘‘(9) carrying out a nationwide marketing justment, trade remedy assistance, and ex- disseminate that data to the public and to Congress; effort to promote exporting as a business de- port data collection programs through use of velopment opportunity for small business the regional and district offices of the Ad- ‘‘(B) make recommendations to the Sec- retary of Commerce and to Congress regard- concerns that uses technology, online re- ministration, the small business develop- sources, training, and other strategies; ment center network, the network of wom- ing revision of the North American Industry Classification System codes to encompass in- ‘‘(10) disseminating information to the en’s business centers, chapters of the Service small business community through regional Corps of Retired Executives, and Export As- dustries currently overlooked and to create North American Industry Classification Sys- and district offices of the Administration, sistance Centers; tem codes for export trading companies and the small business development center net- ‘‘(2) aggressively market the programs de- export management companies; work, Export Assistance Centers, the net- scribed in paragraph (1) and disseminate in- ‘‘(C) improve the utility and accessibility work of women’s business centers, chapters formation, including computerized mar- of export promotion programs for small busi- of the Service Corps of Retired Executives, keting data, to the small business commu- ness concerns; and State and local export promotion programs, nity on exporting trends, market-specific ‘‘(D) increase the accessibility of the Ex- and partners in the private sector regarding growth, industry trends, and international port Trading Company contact facilitation exporting trends, market-specific growth, in- prospects for exports; service; dustry trends, and prospects for exporting; ‘‘(3) promote export assistance programs ‘‘(5) making available to the small business and through the district and regional offices of community information regarding con- ‘‘(11) establishing and carrying out train- the Administration, the small business de- ferences on exporting and international ing programs for the staff of the district of- velopment center network, Export Assist- trade sponsored by the public and private fices of the Administration and resource ance Centers, the network of women’s busi- sector; partners of the Administration on export ness centers, chapters of the Service Corps of ‘‘(6) providing small business concerns with promotion and providing assistance relating Retired Executives, State and local export access to up-to-date and complete export in- to exports. promotion programs, and partnerships with formation by— XPORT FINANCE SPECIALIST PRO- people in the private sector; and ‘‘(A) making available at the district of- ‘‘(e) E ‘‘(4) give preference in hiring or approving fices of the Administration, through co- GRAM.— the transfer of any employee into the Office operation with the Department of Com- ‘‘(1) EXPORT FINANCE SPECIALIST PRO- or to an export development officer position merce, export information, including the GRAM.—The Associate Administrator shall to otherwise qualified applicants who are worldwide information and trade system and work in cooperation with the Export-Import fluent in a language in addition to English, world trade data reports; Bank of the United States, the Department who shall— ‘‘(B) maintaining a list of financial institu- of Commerce, other relevant Federal agen- ‘‘(A) accompany foreign trade missions, if tions that finance export operations; cies, and the States to develop a program designated by the Associate Administrator; ‘‘(C) maintaining a directory of all Fed- through which export finance specialists in and eral, regional, State and private sector pro- the district offices of the Administration, re- ‘‘(B) be available as needed to translate grams that provide export information and gional and local loan officers, and small documents, interpret conversations, and fa- assistance to small business concerns; and business development center personnel can cilitate multilingual transactions, including ‘‘(D) preparing and publishing such reports facilitate the access of small business con- providing referral lists for translation serv- as it determines to be necessary concerning cerns to relevant export financing programs ices, if required. market conditions, sources of financing, ex- of the Export-Import Bank of the United ‘‘(d) PROMOTION OF SALES OPPORTUNITIES.— port promotion programs, and other infor- States and to export and pre-export financ- The Associate Administrator shall promote mation pertaining to the needs of small busi- ing programs available from the Administra- sales opportunities for small business goods ness export firms so as to insure that the tion and the private sector. and services abroad by— maximum information is made available to ‘‘(2) PROGRAM ACTIVITIES.—To carry out ‘‘(1) in cooperation with the Department of small business concerns in a readily usable paragraph (1), the Associate Administrator Commerce, other relevant agencies, regional form; shall work in cooperation with the Export- and district offices of the Administration, ‘‘(7) encouraging, in cooperation with the Import Bank of the United States and the the small business development center net- Department of Commerce, greater small small business community, including small work, and State programs, developing a business participation in trade fairs, shows, business trade associations, to— mechanism for— missions, and other domestic and overseas ‘‘(A) aggressively market Administration ‘‘(A) identifying sub-sectors of the small export development activities of the Depart- export financing and pre-export financing business community with strong export po- ment of Commerce; programs; tential; ‘‘(8) facilitating decentralized delivery of ‘‘(B) identify financing available under ‘‘(B) identifying areas of demand in foreign export information and assistance to small various programs of the Export-Import Bank markets; businesses by assigning primary responsi- of the United States, and aggressively mar- ‘‘(C) prescreening foreign buyers for com- bility for export development to one indi- ket those programs to small business con- mercial and credit purposes; and vidual in each district office, who shall— cerns;

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15408 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 ‘‘(C) assist in the development of financial ‘‘(ii) an employee of which has completed ‘‘(C) export revenues by small business intermediaries and facilitate the access of an accredited export assistance program; and concerns assisted by programs of the Admin- those intermediaries to financing programs; ‘‘(iii) that agrees to provide to the Asso- istration; ‘‘(D) promote greater participation by pri- ciate Administrator such information and ‘‘(D) the number of small business concerns vate financial institutions, particularly documentation as is necessary for the Asso- referred to an Export Assistance Center or a those institutions already participating in ciate Administrator to determine that the small business development center by the loan programs under this Act, in export fi- small-business concern is in compliance with staff of the Office; and nance; and the internal revenue laws of the United ‘‘(E) the number of small business concerns ‘‘(E) provide for the participation of appro- States; referred to the Administration by an Export priate Administration personnel in training ‘‘(B) the term ‘export initiative’ includes— Assistance Center or a small business devel- programs conducted by the Export-Import ‘‘(i) participation in a trade mission; opment center. Bank of the United States. ‘‘(ii) a foreign market sales trip; ‘‘(2) CONSISTENCY OF TRACKING.—The Asso- ‘‘(f) COUNSELING FOR SMALL BUSINESS CON- ‘‘(iii) a subscription to services provided by ciate Administrator, in coordination with CERNS.—The Associate Administrator shall— the Department of Commerce; the departments and agencies that are rep- ‘‘(1) work in cooperation with other Fed- ‘‘(iv) the payment of website translation resented on the Trade Promotion Coordi- eral agencies and the private sector to coun- fees; nating Committee established under section sel small business concerns with respect to ‘‘(v) the design of international marketing 2312 of the Export Enhancement Act of 1988 initiating and participating in any pro- media; (15 U.S.C. 4727) and the small business devel- ceedings relating to the administration of ‘‘(vi) a trade show exhibition; and opment center network, shall develop a sys- the United States trade laws; and ‘‘(vii) participation in training workshops; tem to track exports by small business con- ‘‘(2) work with the Department of Com- and cerns, including information relating to the merce, the Office of the United States Trade ‘‘(C) the term ‘small-business concern’ has performance measures described in para- Representative, and the International Trade the same meaning as in section 103 of the graph (1), that is consistent with systems Commission to increase access to trade rem- Small Business Investment Act of 1958 (15 used by the departments and agencies and edy proceedings for small business concerns. U.S.C. 662). the network. ‘‘(g) EXPORT ASSISTANCE PROGRAMS.— ‘‘(2) GRANT PROGRAM.—The Associate Ad- ‘‘(3) REPORTS.—The Associate Adminis- ‘‘(1) IN GENERAL.—The Associate Adminis- ministrator shall establish an export devel- trator shall submit an annual report to the trator shall require, as part of the agreement opment grant program, under which the As- Committee on Small Business and Entrepre- under section 21, that each small business sociate Administrator may make grants to neurship of the Senate and the Committee development center has an accredited export eligible small-business concerns to enhance assistance program. on Small Business of the House of Represent- the capability of the eligible small-business atives that includes— ‘‘(2) CERTIFICATION.—The Associate Admin- concerns to be globally competitive, increase istrator shall certify technical assistance ‘‘(A) a detailed account of the information business internationally, and increase export relating to the performance measures de- staff members of small business development sales. centers in providing export assistance, in ac- scribed in paragraph (1); and ‘‘(3) APPLICATION.—An eligible small-busi- ‘‘(B) a description of the export assistance cordance with such criteria as the Associate ness concern that desires a grant under this and services provided to small business con- Administrator may establish. subsection shall submit to the Associate Ad- cerns by the Administration. ‘‘(3) TRAINING.—The Associate Adminis- ministrator at such time and in such manner trator shall provide training relating to ex- as the Associate Administrator shall pre- ‘‘(k) REPORT.—The Associate Adminis- port assistance programs at the annual con- scribe an application that identifies not less trator shall submit an annual report to the ference of small business development cen- than 1 specific, achievable export initiative Committee on Small Business and Entrepre- ters. that the eligible small-business concern will neurship of the Senate and the Committee ‘‘(4) REPORT.—The Associate Adminis- carry out using a grant under this sub- on Small Business of the House of Represent- trator shall submit an annual report to Con- section. atives on the progress of the Administration gress that includes— ‘‘(4) AMOUNT.—A grant under this sub- in implementing the requirements under this ‘‘(A) the number of small business concerns section may not exceed $5,000. section. assisted by accredited export assistance pro- ‘‘(5) MATCHING FUNDS.—The Federal share ‘‘(l) DISCHARGE OF ADMINISTRATION EXPORT grams; of the cost of an export initiative carried out PROMOTION RESPONSIBILITIES.—The Adminis- ‘‘(B) the export revenue generated by small with a grant under this subsection shall be trator shall ensure that— business concerns assisted by accredited ex- not more than 50 percent. The non-Federal ‘‘(1) the responsibilities of the Administra- port assistance programs; and share of the cost of an activity carried out tion regarding international trade and ex- ‘‘(C) an estimate of the number of jobs cre- with a grant under this subsection may be in porting are carried out through the Asso- ated or retained because of assistance pro- kind or in cash. ciate Administrator; vided by accredited export assistance pro- ‘‘(6) INFORMATION AND DOCUMENTATION.—An ‘‘(2) the Associate Administrator has suffi- grams. eligible small-business concern that receives cient resources to carry out such responsibil- ‘‘(h) EXPORT ASSISTANCE OFFICER.—The As- a grant under this subsection shall provide ities; and sociate Administrator shall— to the Associate Administrator— ‘‘(3) the Associate Administrator has direct ‘‘(1) assign an export assistance officer ‘‘(A) receipts for all expenditures made supervision and control over the staff of the with training in export assistance and mar- with the grant; and Office, and over any employee of the Admin- keting to each district office of the Adminis- ‘‘(B) information relating to any export istration whose principal duty station is an tration, who shall— sales resulting from the grant. Export Assistance Center or any successor ‘‘(A) conduct training and information ses- ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— entity.’’. sions for small business concerns interested There are authorized to be appropriated to (b) EXPORT DEVELOPMENT OFFICERS.— in exporting; and carry out this section $25,000,000 for fiscal (1) APPOINTMENT.—Not later than 90 days ‘‘(B) conduct outreach to small business year 2010 and each fiscal year thereafter. concerns with the potential to export; and ‘‘(j) PERFORMANCE MEASURES.— after the date of enactment of this Act, the ‘‘(2) provide annual training for export as- ‘‘(1) IN GENERAL.—The Associate Adminis- Administrator shall ensure that export de- sistance officers. trator shall develop performance measures velopment officers are assigned to each dis- ‘‘(i) EXPORT DEVELOPMENT GRANT PRO- for the Administration to support export trict office of the Administration, in accord- GRAM.— growth goals for the activities of the Office ance with section 22(d)(8) of the Small Busi- ‘‘(1) DEFINITIONS.—In this subsection— under this section that include— ness Act, as amended by this section. ‘‘(A) the term ‘eligible small-business con- ‘‘(A) the number of small business concerns (2) DEFINITION.—In this subsection, the cern’ means a small-business concern— that— term ‘‘export development officer’’ has the ‘‘(i) that— ‘‘(i) receive assistance from the Adminis- meaning given that term in section 22 of the ‘‘(I) has been in business for not less than tration; Small Business Act (15 U.S.C. 649), as amend- 1 year; ‘‘(ii) had not exported goods or services be- ed by this section. ‘‘(II) has profitable domestic sales; fore receiving the assistance described in (c) EXPORT ASSISTANCE CENTERS.— ‘‘(III) has demonstrated understanding of clause (i); and (1) VACANT POSITIONS.—Not later than 90 the costs associated with exporting and ‘‘(iii) export goods or services; days after the date of enactment of this Act, doing business with foreign purchasers, in- ‘‘(B) the number of small business concerns the Administrator shall ensure that the cluding the costs of freight forwarding, cus- receiving assistance from the Administra- number of full-time equivalent employees of toms brokers, packing and shipping, as de- tion that export goods or services to a mar- the Office of Export Development and Pro- termined by the Administrator; and ket outside the United States into which the motion assigned to the Export Assistance ‘‘(IV) has in place a strategic plan for ex- small business concern did not export before Centers is not less than the number of such porting; receiving the assistance; employees so assigned on January 1, 2003.

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(2) EXPORT DEVELOPMENT OFFICERS.—Not Business Act (15 U.S.C. 636(a)(2)(C)) is amend- (B) in subparagraph (D), by striking later than 2 years after the date of enact- ed— clauses (i) and (ii) and inserting the fol- ment of this Act, the Administrator, in co- (1) by redesignating clause (ii) as clause lowing: ordination with the Secretary of Commerce, (iii); and ‘‘(i) is confronting— shall ensure that export finance specialists (2) by inserting after clause (i) the fol- ‘‘(I) increased competition with foreign are assigned to not fewer than 40 Export As- lowing: firms in the relevant market; or sistance Centers. ‘‘(ii) EXPORT-IMPORT BANK LENDERS.—Any ‘‘(II) an unfair trade practice by a foreign (3) STUDY.—Not later than 6 months after lender that is participating in the Delegated firm, particularly intellectual property vio- the date of enactment of this Act, the Asso- Authority Lender Program of the Export-Im- lations; and ciate Administrator for Export Development port Bank of the United States (or any suc- ‘‘(ii) is injured by the competition or un- and Promotion shall carry out a nationwide cessor to the Program) shall be eligible to fair trade practice.’’; and study to evaluate where additional export fi- participate in the Preferred Lenders Pro- (C) by adding at the end the following: nance specialists are needed. gram.’’. ‘‘(F) GUARANTEE.—For a loan guaranteed (4) DEFINITION.—In this subsection, the (c) EXPORT EXPRESS PROGRAM.—Section under this paragraph, the Administrator term ‘‘export finance specialist’’ means an 7(a) of the Small Business Act (15 U.S.C. shall guarantee 90 percent of the loan. export finance specialist described in section 636(a)) is amended— ‘‘(G) DEFINITION.—In this paragraph, the 22(e)(1) of the Small Business Act (15 U.S.C. (1) by striking ‘‘(32) INCREASED VETERAN’’ term ‘small business concern’ has the mean- 649(e)(1)), as amended by this section. and inserting ‘‘(33) INCREASED VETERAN’’; and ing given the term ‘small-business concern’ (d) APPOINTMENT OF ASSOCIATE ADMINIS- (2) by adding at the end the following: in section 103 of the Small Business Invest- TRATOR.—Not later than 90 days after the ‘‘(34) EXPORT EXPRESS PROGRAM.— ment Act of 1958 (15 U.S.C. 662).’’. date of enactment of this Act, the Adminis- ‘‘(A) DEFINITIONS.—In this paragraph— (e) TECHNICAL AND CONFORMING AMEND- trator shall appoint an Associate Adminis- ‘‘(i) the term ‘export development activity’ MENTS.—Section 7 of the Small Business Act trator for Export Development and Pro- includes— (15 U.S.C. 636) is amended— motion under section 22 of the Small Busi- ‘‘(I) obtaining a standby letter of credit (1) in subsection (a)— ness Act (15 U.S.C. 649), as amended by this when required as a bid bond, performance (A) in paragraph (2)(A), in the matter pre- section. bond, or advance payment guarantee; ceding clause (i), by inserting ‘‘or (D) of this (e) TECHNICAL AND CONFORMING AMEND- ‘‘(II) participation in a trade show that paragraph or in paragraph (16) or (34)’’ after MENTS.— takes place outside the United States; ‘‘in subparagraph (B)’’; and (1) NUMBER OF ASSOCIATE ADMINISTRA- ‘‘(III) translation of product brochures or (B) in paragraph (3), in the matter pre- TORS.—Section 4(b)(1) of the Small Business catalogues for use in markets outside the ceding subparagraph (A), by striking ‘‘No’’ Act (15 U.S.C. 633(b)(1)) is amended— United States; and inserting ‘‘Except as provided in para- (A) in the fifth sentence, by striking ‘‘(IV) obtaining a general line of credit for graph (14)(B), no’’; and ‘‘five’’; and export purposes; (2) in subsection (c)— (B) by adding at the end the following: ‘‘(V) performing a service contract from (A) in paragraph (1)— ‘‘One of the Associate Administrators shall buyers located outside the United States; (i) in subparagraph (D), by striking ‘‘Lend- be the Associate Administrator for Export ‘‘(VI) obtaining transaction-specific fi- er’’ and inserting ‘‘Lenders’’; Development and Promotion, who shall be nancing associated with completing export (ii) in subparagraph (E)— the head of the Office of Export Development orders; (I) by striking ‘‘Lender’’ and inserting and Promotion established under section ‘‘(VII) purchasing real estate or equipment ‘‘Lenders’’; and 22.’’. to be used in the production of goods or serv- (II) by striking ‘‘subsection (a)(2)(C)(ii)’’ (2) ROLE OF ASSOCIATE ADMINISTRATOR IN ices for export; and inserting ‘‘subsection (a)(2)(C)(iii)’’; and CARRYING OUT INTERNATIONAL TRADE AND EX- ‘‘(VIII) providing term loans or other fi- (B) in paragraph (7)(B)(ii), by striking PORT POLICY.—Section 2(b)(1) of the Small nancing to enable a small business concern, ‘‘Lender’’ and inserting ‘‘Lenders’’. Business Act (15 U.S.C. 631(b)(1)) is amended including an export trading company and an SEC. l05. MARKETING OF EXPORT LOANS. in the matter preceding subparagraph (A) by export management company, to develop a The Administrator shall make efforts to inserting ‘‘through the Associate Adminis- market outside the United States; and expand the network of lenders participating trator for Export Development and Pro- ‘‘(IX) acquiring, constructing, renovating, in the export loan programs, including by— motion of’’ before ‘‘the Small Business Ad- modernizing, improving, or expanding a pro- (1) conducting outreach to regional and ministration’’. duction facility or equipment to be used in community lenders through the staff of the SEC. l04. EXPORT FINANCE PROGRAMS. the United States in the production of goods Administration assigned to Export Assist- (a) EXPORT WORKING CAPITAL PROGRAM.— or services for export; and ance Centers or to district offices of the Ad- Section 7(a) of the Small Business Act (15 ‘‘(ii) the term ‘express loan’ means a loan ministration; U.S.C. 636(a)) is amended— in which a lender uses to the maximum ex- (2) developing a lender training program (1) in paragraph (2)(D), by striking ‘‘not ex- tent practicable the loan analyses, proce- regarding the export loan programs for em- ceed’’ and inserting ‘‘be’’; and dures, and documentation of the lender to ployees of lenders; (2) in paragraph (14)— provide expedited processing of the loan ap- (3) simplifying and streamlining the appli- (A) by striking ‘‘(A) The Administration’’ plication. cation, processing, and reporting processes and inserting the following: ‘‘EXPORT WORK- ‘‘(B) AUTHORITY.—The Administrator may for the export loan programs; and ING CAPITAL PROGRAM.— guarantee the timely payment of an express (4) establishing online, paperless proc- ‘‘(A) IN GENERAL.—The Administrator’’; loan to a small business concern made for an essing and application submission for the ex- (B) by striking ‘‘(B) When considering’’ and export development activity. port loan programs. inserting the following: ‘‘(C) LEVEL OF PARTICIPATION.— SEC. l06. SMALL BUSINESS TRADE POLICY. ‘‘(C) CONSIDERATIONS.—When considering’’; ‘‘(i) MAXIMUM AMOUNT.—The maximum (a) ASSISTANT UNITED STATES TRADE REP- (C) by striking ‘‘(C) The Administration’’ amount of an express loan guaranteed under RESENTATIVE FOR SMALL BUSINESS.—Section and inserting the following: this paragraph shall be $500,000. 141(c) of the Trade Act of 1974 (19 U.S.C. ‘‘(D) MARKETING.—The Administrator’’; ‘‘(ii) PERCENTAGE.—For an express loan 2171(c)) is amended— and guaranteed under this paragraph, the Admin- (1) by adding at the end the following: (D) by inserting after subparagraph (A) the istrator shall guarantee— ‘‘(6)(A) There is established within the Of- following: ‘‘(I) 90 percent of a loan that is not more fice the position of Assistant United States ‘‘(B) TERMS.— than $350,000; and Trade Representative for Small Business, ‘‘(i) LOAN AMOUNT.—The Administrator ‘‘(II) 75 percent of a loan that is more than who shall be appointed by the United States may not guarantee a loan under this para- $350,000 and not more than $500,000.’’. Trade Representative. graph of more than $5,000,000. (d) INTERNATIONAL TRADE LOANS.—Section ‘‘(B) The Assistant United States Trade ‘‘(ii) FEES.— 7(a) of the Small Business Act (15 U.S.C. Representative for Small Business shall— ‘‘(I) IN GENERAL.—For a loan under this 636(a)) is amended— ‘‘(i) promote the trade interests of small- paragraph, the Administrator shall collect (1) in paragraph (3)(B), by striking business concerns (as that term is defined in the fee assessed under paragraph (23) not ‘‘$1,750,000, of which not more than section 103 of the Small Business Investment more frequently than once each year. $1,250,000’’ and inserting ‘‘$5,000,000, of which Act of 1958 (15 U.S.C. 662)); ‘‘(II) UNTAPPED CREDIT.—The Adminis- not more than $4,000,000’’; and ‘‘(ii) advocate for the reduction of foreign trator may not assess a fee on capital that is (2) in paragraph (16)— trade barriers with regard to the trade issues not accessed by the small business con- (A) in subparagraph (B), by striking ‘‘a of small-business concerns that are export- cern.’’. first lien position’’ and all that follows and ers; (b) PARTICIPATION IN PREFERRED LENDERS inserting ‘‘such collateral as is determined ‘‘(iii) collaborate with the Administrator PROGRAM.—Section 7(a)(2)(C) of the Small adequate by the Administrator.’’; of the Small Business Administration with

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15410 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 regard to the trade issues of small-business (d) TRADE DISPUTES.—The Administrator 253 of the Russell Senate Office Build- concern trade issues; shall carry out a comprehensive program to ing. ‘‘(iv) assist the United States Trade Rep- provide technical assistance, counseling, and The PRESIDING OFFICER. Without resentative in developing trade policies that reference materials to small business con- objection, it is so ordered. increase opportunities for small-business cerns relating to resources, procedures, and concerns in foreign and domestic markets, requirements for mechanisms to resolve COMMITTEE ON ENERGY AND NATURAL including polices that reduce trade barriers international trade disputes or address un- RESOURCES for small-business concerns; and fair international trade practices under Mr. DURBIN. Mr. President, I ask ‘‘(v) perform such other duties as the international trade agreements or Federal unanimous consent that the committee United States Trade Representative may di- law, including— on Energy and Natural Resources be rect.’’; and (1) directing the district offices of the Ad- authorized to meet during the session (2) by moving paragraph (5) 2 ems to the ministration to provide referrals, informa- of the Senate on Wednesday, June 17, left. tion, and other services to small business (b) TRADE PROMOTION COORDINATING COM- concerns relating to the mechanisms; 2009, from 9–10 a.m., in room SD–366 of MITTEE.— (2) entering agreements and partnerships the Dirksen Senate Office Building. (1) DETAILEE.—Section 2312 of the Export with providers of legal services relating to The PRESIDING OFFICER. Without Enhancement Act of 1988 (15 U.S.C. 4727) is the mechanisms, to ensure small business objection, it is so ordered. amended by adding at the end the following: concerns may affordably use the mecha- COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘(g) SMALL BUSINESS ADMINISTRATION.— nisms; and The Administrator of the Small Business Ad- AND PENSIONS (3) in consultation with the Director of the ministration shall detail an employee of the Mr. DURBIN. Mr. President, I ask United States Patent and Trademark Office Small Business Administration having ex- unanimous consent that the Com- and the Register of Copyrights, designing pertise in export promotion to the TPCC to counseling services and materials for small mittee on Health, Education, Labor, encourage the TPCC to— business concerns regarding intellectual and Pensions be authorized to meet ‘‘(1) collaborate with the Small Business during the session of the Senate on Administration with regard to trade pro- property protection in other countries. motion efforts; and Wednesday, June 17, 2009, at 10 a.m. in ‘‘(2) consider the interests of small-busi- SA 1337. Ms. SNOWE submitted an room 106 of the Dirksen Senate Office ness concerns (as that term is defined in sec- amendment intended to be proposed by Building. tion 103 of the Small Business Investment her to the bill S. 1023, to establish a The PRESIDING OFFICER. Without Act of 1958 (15 U.S.C. 662)) in the develop- non-profit corporation to communicate objection, it is so ordered. ment of trade promotion policies and pro- United States entry policies and other- COMMITTEE ON HEALTH, EDUCATION, LABOR, grams.’’. wise promote leisure, business, and AND PENSIONS (2) NATIONAL EXPORT STRATEGY.—Section scholarly travel to the United States; 2312 of the Export Enhancement Act of 1988 Mr. DURBIN. Mr. President, I ask (15 U.S.C. 4727) is amended— which was ordered to lie on the table; unanimous consent that the Com- (A) in subsection (c)— as follows: mittee on Health, Education, Labor, (i) in paragraph (5), by striking ‘‘and’’ at Beginning on page 2, strike line 20 and all and Pensions be authorized to meet the end; that follows through page 3, line 14, and in- during the session of the Senate on (ii) in paragraph (6), by striking the period sert the following: Wednesday, June 17, 2009, at 2:30 p.m. in at the end and inserting ‘‘; and’’; and (1) IN GENERAL.—The Corporation shall room 325 of the Russell Senate Office (iii) by adding at the end the following: have a board of directors of 12 members with ‘‘(7) include an export strategy for small- knowledge of international travel promotion Building. business concerns (as that term is defined in and marketing, broadly representing various The PRESIDING OFFICER. Without section 103 of the Small Business Investment regions of the United States, who are United objection, it is so ordered. Act of 1958 (15 U.S.C. 662)), which shall— States citizens. Members of the board shall COMMITTEE ON THE JUDICIARY ‘‘(A) be developed by the Administrator of be appointed by the Secretary of Commerce Mr. DURBIN. Mr. President, I ask the Small Business Administration; and (after consultation with the Secretary of ‘‘(B) include strategies to— unanimous consent that the Com- Homeland Security and the Secretary of mittee on the Judiciary be authorized ‘‘(i) increase export opportunities for State), as follows: small-business concerns; (A) 1 shall have appropriate expertise and to meet during the session of the Sen- ‘‘(ii) protect small-business concerns from experience in the hotel accommodations sec- ate, on June 17, 2009, at 10 a.m. in room unfair trade practices, including intellectual tor; SD–226 of the Dirksen Senate Office property violations; (B) 1 shall have appropriate expertise and Building, to conduct a hearing entitled ‘‘(iii) assist small-business concerns with experience in the restaurant sector; ‘‘Oversight of the U.S. Department of international regulatory compliance require- (C) 1 shall have appropriate expertise and Justice.’’ ments; and experience with small business concerns (as ‘‘(iv) coordinate policy and program efforts The PRESIDING OFFICER. Without that term is used in section 3 of the Small objection, it is so ordered. throughout the United States with the Business Act (15 U.S.C. 632)) or associations TPCC, the Department of Commerce, and the that represent small business concerns; SUBCOMMITTEE ON AVIATION OPERATIONS, Export Import Bank of the United States.’’; (D) 1 shall have appropriate expertise and SAFETY, AND SECURITY and experience in the retail sector or in associa- Mr. DURBIN. Mr. President, I ask (B) in subsection (f), in paragraph (1), by tions representing that sector; unanimous consent that the Sub- inserting ‘‘(including implementation of the On page 20, strike lines 19 and 20 and insert committee on Aviation Operations, export strategy for small business concerns the following: Safety, and Security of the committee described in paragraph (7) of that sub- travel and tourism industry (other than on Commerce, Science, and Transpor- section)’’ after ‘‘the implementation of such those that are small business concerns (as plan’’. that term is used in section 3 of the Small tation be authorized to meet during (c) RECOMMENDATIONS ON TRADE AGREE- Business Act (15 U.S.C. 632)), in the retail the session of the Senate on Wednes- MENTS.— sector, or in the passenger air sector) rep- day, June 17, 2009, at 10 a.m. in room (1) NOTIFICATION BY USTR.—Not later than resented on the Board 253 of the Russell Senate Office Build- 90 days before the United States Trade Rep- f ing. resentative begins a negotiation with regard The PRESIDING OFFICER. Without to any trade agreement, the United States AUTHORITY FOR COMMITTEES TO Trade Representative shall notify the Ad- objection, it is so ordered. ministrator of the date the negotiation will MEET SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS begin. COMMITTEE ON COMMERCE, SCIENCE, AND Mr. DURBIN. Mr. President, I ask (2) RECOMMENDATIONS.—Not later than 30 TRANSPORTATION unanimous consent that the Sub- days before the United States Trade Rep- Mr. DURBIN. Mr. President, I ask committee on Public Lands and For- resentative begins a negotiation with regard unanimous consent that the committee ests, be authorized to meet during the to any trade agreement, the Administrator shall present to the United States Trade on Commerce, Science, and Transpor- session of the Senate on Wednesday, Representative recommendations relating to tation be authorized to meet during June 17, 2009, at 1:30 p.m., in room SD– the needs and concerns of small business the session of the Senate on Wednes- 366 of the Dirksen Senate Office Build- concerns that are exporters. day, June 17, 2009, at 2:30 p.m. in room ing.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15411 The PRESIDING OFFICER. Without en their viability. I encouraged all par- provides incentives for corporations to objection, it is so ordered. ties at that time to negotiate and self-report antitrust violations by lim- SUBCOMMITTEE ON READINESS AND reach an agreement on rates that iting criminal liability and the civil MANAGEMENT SUPPORT would compensate recording artists damages recoverable to actual damages Mr. DURBIN. Mr. President, I ask while allowing webcasters to prosper. against a party that comes forward and unanimous consent that the Com- The Copyright Royalty Board process cooperates with the Department of mittee on Armed Services Sub- is intended as a backstop when parties Justice. committee on readiness and manage- cannot reach agreements. All parties, The incentives in this program are ment support be authorized to meet and the listening public, benefit when critical to the success of the Antitrust during the session of the Senate on private sector agreements are reached. Division’s criminal antitrust enforce- Wednesday, June 17, 2009, at 3 p.m. Last year, Congress passed an exten- ment. The 1-year extension will allow The PRESIDING OFFICER. Without sion similar to the one we pass today. the Department of Justice to continue objection, it is so ordered. It paved the way for agreements be- this successful program while Congress SPECIAL COMMITTEE ON AGING tween SoundExchange, on behalf of the assesses the long-term direction of the Mr. DURBIN. Mr. President, I ask recording industry, and the National Department of Justice’s leniency pro- unanimous consent that the Special Association of Broadcasters, the Cor- gram. Committee on Aging be authorized to poration for Public Broadcasting, and a Mr. REID. Mr. President, I ask unan- meet during the session of the Senate group of small webcasters. imous consent that the bill be read on June 17, 2009 from 2 p.m.–4 p.m. in I am pleased that both webcasters three times, passed, the motion to re- room 216 of the Hart Senate Office and the recording industry are pro- consider be laid upon the table, with no Building. moting this legislation. I have said be- intervening action or debate, and that The PRESIDING OFFICER. Without fore that I would not sanction a legis- any statements relating to the bill be objection, it is so ordered. lative readjustment of rates because printed in the RECORD. one party is dissatisfied with the re- The PRESIDING OFFICER. Without f sults. By passing this extension today, objection, it is so ordered. PRIVILEGES OF THE FLOOR Congress is returning the authority to The bill (H.R. 2675) was ordered to a set rates to the creators and distribu- third reading, was read the third time, Mr. BINGAMAN. Mr. President, I ask tors of the music we all enjoy. and passed. unanimous consent that Robert Mr. REID. Mr. President, I ask unan- Burnham and Terri Chen of my office f imous consent that the bill be read be granted the privilege of the floor for three times and passed, the motion to J. HERBERT W. SMALL FEDERAL the pendency of S. 1023, the travel pro- reconsider be laid upon the table, with BUILDING AND UNITED STATES motion bill. no intervening action or debate, and COURTHOUSE The PRESIDING OFFICER. Without that any statements relating to the Mr. REID. Mr. President, I ask unan- objection, it is so ordered. bill be printed in the RECORD. imous consent that the Senate proceed f The PRESIDING OFFICER. Without to Calendar No. 75, H.R. 813. WEBCASTER SETTLEMENT ACT OF objection, it is so ordered. The PRESIDING OFFICER. The 2009 The bill (H.R. 2344) was ordered to a clerk will report the bill by title. third reading, was read the third time, The assistant legislative clerk read Mr. REID. Mr. President, I ask unan- and passed. as follows: imous consent that the Senate proceed f A bill (H.R. 813) to designate the Federal to H.R. 2344. building and United States courthouse lo- The PRESIDING OFFICER. The ANTITRUST CRIMINAL PENALTY cated 306 East Main Street in Elizabeth City, clerk will report the bill by title. ENHANCEMENT AND REFORM North Carolina, as the ‘‘J. Herbert W. Small The assistant legislative clerk read ACT OF 2004 EXTENSION ACT Federal Building and United States Court- as follows: Mr. REID. Mr. President, I ask unan- house.’’ A bill (H.R. 2344) to amend section 114 of imous consent that the Senate proceed There being no objection, the Senate title 17, United States Code, to provide for to H.R. 2675. proceeded to consider the bill. agreements for the reproduction and per- The PRESIDING OFFICER. The Mr. REID. Mr. President, I ask unan- formance of sound recordings by webcasters. clerk will report the bill by title. imous consent that the bill be read a There being no objection, the Senate The assistant legislative clerk read third time and passed, the motion to proceeded to consider the bill. as follows: reconsider be laid upon the table, with Mr. LEAHY. Mr. President, the A bill (H.R. 2675) to amend title II of the be no intervening action or debate, and Webcaster Settlement Act of 2009 will Antitrust Criminal Penalty Enhancement that any statements relating to this provide the recording industry and and Reform Act of 2004 to extend the oper- bill be printed in the RECORD. webcasters the additional time they ation of such title for a 1-year period ending The PRESIDING OFFICER. Without need to reach a mutually beneficial June 22, 2010. objection, it is so ordered. agreement on webcasting rates. I am There being no objection, the Senate The bill (H.R. 813) was ordered to a pleased that Congress has acted swiftly proceeded to consider the bill. third reading, was read the third time, on this legislation. Mr. LEAHY. Mr. President, I am and passed. I have long championed the develop- pleased that the Senate today will pass f ment of new business models for trans- the Antitrust Criminal Penalty En- mitting music to the public. hancement and Reform Act of 2004 Ex- RONALD H. BROWN UNITED Webcasters are able to offer a range of tension Act, ACPERA. I have long sup- STATES MISSION TO THE music to consumers in a form that can ported vigorous enforcement of the UNITED NATIONS BUILDING compete with traditional broadcast antitrust laws. Passage of this legisla- Mr. REID. Mr. President, I ask unan- radio and satellite radio. As webcasting tion ensures that the Department of imous consent that the Senate proceed and webcasters flourish, the performers Justice will retain the tools it needs to to the immediate consideration of Cal- whose music is attracting listeners de- prosecute criminal antitrust violations endar No. 76, H.R. 837. serve compensation. effectively and efficiently. The PRESIDING OFFICER. The In March 2007, the Copyright Royalty Since its inception 5 years ago, clerk will report the bill by title. Board determined the rates applicable ACPERA has bolstered the Department The assistant legislative clerk read to webcasters through 2010. Webcasters of Justice’s ability to uncover and as follows: large and small expressed serious con- prosecute criminal antitrust violations A bill (H.R. 837) to designate the Federal cerns that the new rates would threat- through its leniency program. The act building located at 799 United Nations Plaza

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15412 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 June 17, 2009 in New York, New York, as the ‘‘Ronald H. Resolved, That the Senate— in the 2009 National Basketball Association Brown United States Mission to the United (1) designates 2009 as the ‘‘Year of the Non- playoffs; and Nations Building.’’ commissioned Officer Corps of the United Whereas each player for the Los Angeles The PRESIDING OFFICER. Without States Army’’; and Lakers, including Trevor Ariza, Shannon objection, the Senate proceeded to con- (2) encourages the people of the United Brown, Kobe Bryant, Andrew Bynum, Jordan States to recognize the ‘‘Year of the Non- Farmar, Derek Fisher, Pau Gasol, Didier sider the bill. commissioned Officer Corps of the United Ilunga-Mbenga, Adam Morrison, Lamar Mr. REID. Mr. President, I ask unan- States Army’’ with appropriate ceremonies Odom, Josh Powell, Sasha Vujacic, Luke imous consent that the bill be read a and activities. Walton, and Sue Yue, contributed to what third time, passed, the motion to re- was truly a team effort during the regular f consider be laid upon the table, with no season and the playoffs to bring the 2009 Na- intervening action or debate, and any CONGRATULATING THE LOS tional Basketball Association Championship statements relating thereto be printed ANGELES LAKERS to the city of Los Angeles: Now, therefore, be it in the RECORD. Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without Resolved, That the Senate— imous consent that the Senate proceed (1) congratulates the Los Angeles Lakers objection, it is so ordered. to the immediate consideration of S. for winning the 2009 National Basketball As- The bill (H.R. 837) was read the third Res. 188. sociation Championship; and passed. The PRESIDING OFFICER. The (2) recognizes the achievements of the f clerk will report the resolution by players, coaches, and staff whose hard work and dedication made winning the champion- DESIGNATING 2009 AS YEAR OF title. ship possible; and THE NONCOMMISSIONED OFFI- The assistant legislative clerk read (3) directs the Secretary of the Senate to CER CORPS OF THE UNITED as follows: transmit a copy of this resolution to— STATES ARMY A resolution (S. Res. 188) congratulating (A) the 2009 Los Angeles Lakers team and Mr. REID. Mr. President, I ask unan- the Los Angeles Lakers for winning the 2009 their head coach Phil Jackson; (B) the Los Angeles Lakers owner Gerald imous consent that the Judiciary Com- National Basketball Association Champion- ship. Hatten Buss; and mittee be discharged from further con- The PRESIDING OFFICER. Without (C) the Los Angeles Lakers general man- sideration and the Senate then proceed ager Mitch Kupchack. to S. Res. 66. objection, the Senate proceeded to con- The PRESIDING OFFICER. Without sider the resolution. f objection, it is so ordered. The clerk Mr. REID. Mr. President, I ask unan- DETAINEE PHOTOGRAPHIC will report the resolution by title. imous consent that the resolution be RECORDS PROTECTION ACT OF 2009 agreed to, the preamble be agreed to, The assistant legislative clerk read Mr. REID. Mr. President, I ask unan- as follows: the motions to reconsider be laid upon the table with no intervening action or imous consent the Senate proceed to A resolution (S. Res. 66) designating 2009 as the immediate consideration of S. 1285. the ‘‘Year of the Noncommissioned Officer debate, and any statements relating Corps of the United States Army.’’ thereto be printed in the RECORD. The PRESIDING OFFICER. The clerk will report the bill by title. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, the Senate proceeded to con- objection, it is so ordered. A bill (S. 1285) to provide that certain pho- tographic records relating to the treatment sider the resolution. The resolution (S. Res. 188) was agreed to. of any individual engaged, captured, or de- Mr. REID. Mr. President, I ask unan- tained after September 11, 2001, by the imous consent that the resolution be The preamble was agreed to. Armed Forces of the United States in oper- agreed to, the preamble be agreed to, The resolution, with its preamble, ations outside the United States shall not be and the motions to reconsider be laid reads as follows: subject to disclosure under section 552 of upon the table. S. RES. 188 title 5, United States Code (commonly re- The PRESIDING OFFICER. Without Whereas, on June 14, 2009, the Los Angeles ferred to as the Freedom of Information objection, it is so ordered. Lakers defeated the Orlando Magic in game Act), to amend section 552(b)(3) of title 5, The resolution (S. Res. 66) was agreed 5 of the 2009 National Basketball Association United States Code (commonly referred to as Championship Finals; the Freedom of Information Act), to provide to. that statutory exemptions to the disclosure The preamble was agreed to. Whereas that triumph marks the 15th Na- tional Basketball Association Championship requirements of that Act shall specifically The resolution, with its preamble, cite to the provision of that Act authorizing reads as follows: for the Lakers franchise and 10th for the Los Angeles Lakers; such exemptions, to ensure an open and de- S. RES. 66 Whereas that triumph also marks the liberative process in Congress by providing Whereas the Secretary of the Army has fourth National Basketball Association for related legislative proposals to explicitly designated 2009 as the Year of the United Championship victory for the Los Angeles state such required citations, and for other States Army Noncommissioned Officer Lakers since 1999, earning the Los Angeles purposes. (NCO) to honor more than 200 years of serv- Lakers more championship victories in this There being no objection, the Senate ice by the noncommissioned officers of the decade than any other team in the league; proceeded to consider the bill. Army to the Army and the American people; Whereas Los Angeles Lakers head coach Mr. REID. I ask unanimous consent Whereas the modern noncommissioned of- Phil Jackson, who throughout his career has the bill be read a third time, passed, ficer of the Army operates autonomously, epitomized discipline, teaching, and excel- the motion to reconsider be laid on the and always with confidence and competence; lence, has won 10 National Basketball Asso- Whereas the Noncommissioned Officer ciation Championships as a head coach, the table, and any statements be printed in Corps of the Army has distinguished itself as most championships for a head coach in Na- the RECORD. the most accomplished group of military tional Basketball Association history, sur- The PRESIDING OFFICER. Without professionals in the world, with noncommis- passing the number won by the legendary objection, it is so ordered. sioned officers of the Army leading the way Arnold ‘‘Red’’ Auerbach; The bill (S. 1285) was ordered to be in education, training, and discipline, em- Whereas the 2009 National Basketball Asso- engrossed for a third reading, was read powered and trusted like no other non- ciation Championship marks the ninth the third time, and passed, as follows: commissioned officers, and serving as role championship for Los Angeles Lakers owner models to the most advanced armies in the Gerald Hatten Buss; S. 1285 world; and Whereas general manager Mitch Kupchak Be it enacted by the Senate and House of Rep- Whereas the noncommissioned officers of has built a basketball team that possesses a resentatives of the United States of America in the Army share their strength of character great balance among all-stars, veterans, and Congress assembled, and values with every soldier, officer, and ci- young players; SECTION 1. DETAINEE PHOTOGRAPHIC RECORDS vilian they support across the regular and Whereas the Los Angeles Lakers won 65 PROTECTION. reserve components of the Army, and take games in the 2009 regular season and de- (a) SHORT TITLE.—This section may be the lead and are the keepers of Army stand- feated the Utah Jazz, the Houston Rockets, cited as the ‘‘Detainee Photographic Records ards: Now, therefore, be it the Denver Nuggets, and the Orlando Magic Protection Act of 2009’’.

VerDate Mar 15 2010 10:38 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR09\S17JN9.002 S17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 11 15413 (b) DEFINITIONS.—In this section: EXECUTIVE SESSION We hope we can work out an agree- (1) COVERED RECORD.—The term ‘‘covered ment on this tomorrow to finalize the record’’ means any record— supplemental. If not, we will have a (A) that is a photograph that— EXECUTIVE CALENDAR cloture vote Friday morning early. (i) was taken during the period beginning on September 11, 2001, through January 22, Mr. REID. Mr. President, I ask unan- f 2009; and imous consent the Senate proceed to (ii) relates to the treatment of individuals executive session to consider Calendar ADJOURNMENT UNTIL 9:45 A.M. engaged, captured, or detained after Sep- No. 97, the nomination of Hilary Tomp- TOMORROW tember 11, 2001, by the Armed Forces of the kins, to be Solicitor of the Department Mr. REID. If there is no further busi- United States in operations outside of the of the Interior; that the nomination be ness to come before the Senate, I ask United States; and confirmed and the motion to reconsider (B) for which a certification by the Sec- unanimous consent it adjourn under retary of Defense under subsection (c) is in be laid upon the table; that any state- the previous order. effect. ments relating to the nomination be There being no objection, the Senate, (2) PHOTOGRAPH.—The term ‘‘photograph’’ printed at the appropriate place in the at 7:38 p.m., adjourned until Thursday, encompasses all photographic images, RECORD as if read, the President be im- June 18, 2009, at 9:45 a.m. whether originals or copies, including still mediately notified of the Senate’s ac- f photographs, negatives, digital images, tion, and the Senate then resume legis- films, video tapes, and motion pictures. lative session. NOMINATIONS (c) CERTIFICATION.— The PRESIDING OFFICER. Without Executive nominations received by (1) IN GENERAL.—For any photograph de- objection, it is so ordered. scribed under subsection (b)(1)(A), the Sec- the Senate: The nomination considered and con- retary of Defense shall certify, if the Sec- DEPARTMENT OF STATE retary of Defense, in consultation with the firmed is as follows: VILMA S. MARTINEZ, OF CALIFORNIA, TO BE AMBAS- Chairman of the Joint Chiefs of Staff, deter- DEPARTMENT OF THE INTERIOR SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF mines that the disclosure of that photograph Hilary Chandler Tompkins, of New Mexico, THE UNITED STATES OF AMERICA TO ARGENTINA. would endanger — to be Solicitor of the Department of the In- IN THE ARMY (A) citizens of the United States; or terior. THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR (B) members of the Armed Forces or em- f APPOINTMENT TO THE GRADE INDICATED IN THE ployees of the United States Government de- UNITED STATES ARMY AS A CHAPLAIN UNDER TITLE 10, ployed outside the United States. LEGISLATIVE SESSION U.S.C., SECTIONS 531 AND 3064: (2) CERTIFICATION EXPIRATION.—A certifi- To be major The PRESIDING OFFICER. Under cation submitted under paragraph (1) and a BRIAN G. DONAHUE renewal of a certification submitted under the previous order, the Senate will re- THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- paragraph (3) shall expire 3 years after the turn to legislative session. POINTMENT IN THE GRADES INDICATED IN THE UNITED date on which the certification or renewal, f STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: as the case may be, is submitted to the To be lieutenant colonel President. ORDERS FOR THURSDAY, JUNE 18, ROBERT L. DORAN (3) CERTIFICATION RENEWAL.—The Sec- 2009 MICHAEL J. HUTH retary of Defense may submit to the Presi- Mr. REID. Mr. President, I ask unan- RYAN S. JONES dent— MARK E. PATTON imous consent that when the Senate JAMES J. RISGAARD (A) a renewal of a certification in accord- completes its business today, it ad- SIDNEY M. SMITH ance with paragraph (1) at any time; and CHAD R. WALKER (B) more than 1 renewal of a certification. journ until 9:45 a.m., Thursday, June RICKY R. WALLACE (4) NOTICE TO CONGRESS.—A timely notice 18; that following the prayer and To be major of the Secretary’s certification shall be sub- pledge, the Journal of proceedings be STEVEN R. CALDER mitted to Congress. approved to date, the morning hour be ANDREW W. COLLINS NATHAN C. CURRY (d) NONDISCLOSURE OF DETAINEE deemed expired, the time for the two WILLIE J. HARRIS RECORDS.—A covered record shall not be sub- leaders be reserved for their use later JAY J. HEBERT ject to— in the day, and there be a period for ANNA R. JOHNSON (1) disclosure under section 552 of title 5, TIMOTHY J. MACDONALD morning business for 1 hour with the MICHAEL I. MAHARAJ United States Code (commonly referred to as MICHAEL J. MATTHEWS the Freedom of Information Act); or time equally divided or controlled be- DETRICE D. MOSBY tween the two leaders or their des- ANTHONY W. PARKER (2) disclosure under any proceeding under CAROLYN M. PORTEE that section. ignees, with the majority controlling ENRIQUE O. RIVERA (e) RULE OF CONSTRUCTION.—Nothing in the first half and the Republicans con- BENJAMIN R. SALVADOR JASON A. SCHUYLER this section shall be construed to preclude trolling the second half, with Senators SHEBA L. WATERFORD the voluntary disclosure of a covered record. permitted to speak for up to 10 minutes THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT (f) EFFECTIVE DATE.—This section shall each. TO THE GRADE INDICATED IN THE UNITED STATES ARMY take effect on the date of enactment of this The PRESIDING OFFICER. Without UNDER TITLE 10, U.S.C., SECTION 624: Act and apply to any photograph created be- objection, it is so ordered. To be major fore, on, or after that date that is a covered f JOHN A. AARDAPPEL record. RICHARD R. AARON PROGRAM JUSTIN P. AARONSON SEC. 2. OPEN FREEDOM OF INFORMATION ACT. MANUEL M. ACOSTA (a) SHORT TITLE.—This section may be Mr. REID. Under a previous order, RIAKOS L. ADAMS cited as the ‘‘OPEN FOIA Act of 2009’’. TERRENCE A. ADAMS following morning business, the Senate BRIAN L. ADAMSON (b) SPECIFIC CITATIONS IN STATUTORY EX- will return to consideration of S. Con. MARK G. ADKINS EMPTIONS.—Section 552(b) of title 5, United RICHARD W. AHWEEMARRAH Res. 26, a concurrent resolution relat- JASON E. ALBRIGHT States Code, is amended by striking para- ing to slavery. It is an apology relating DANIEL C. ALDER graph (3) and inserting the following: MICHAEL F. ALEXANDER ‘‘(3) specifically exempted from disclosure to slavery. There will be an hour for ANDREW S. ALLEN IV debate equally divided and controlled CHRISTOPHER M. ALMAGUER by statute (other than section 552b of this BENJAMIN ALVAREZ title), if that statute— between the two leaders or their des- LEE E. AMBROSE ‘‘(A)(i) requires that the matters be with- ignees prior to a vote on adoption of TYLER K. ANDERSEN SAMFORD D. ANDERSON held from the public in such a manner as to the concurrent resolution. We expect BRIAN C. ANGELL leave no discretion on the issue; or that vote to be a voice vote. TROY ANGELL ‘‘(ii) establishes particular criteria for DANTE A. ANTONELLI Upon disposition of the concurrent CURTIS M. ARMSTRONG withholding or refers to particular types of resolution, the Senate will resume con- MATTHEW R. ARROL matters to be withheld; and SHANNON P. ASERON ‘‘(B) if enacted after the date of enactment sideration of the conference report to MICHAEL C. ATHANASAKIS accompany H.R. 2346, the emergency JACOB A. ATKINS of the OPEN FOIA Act of 2009, specifically JASON W. ATKINSON cites to this paragraph.’’. appropriations bill. MARC J. AUSTIN

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DARBY L. AVILES MICHAEL H. CAPPS JASON R. DYE MATTHEW P. BACHMANN SARA E. CARDENAS WILLIAM W. EARL JOHN R. BACON EDWARD W. CARDINALE JEFFREY A. EDGINGTON TERENCE W. BACON ERIC D. CARLSON CHAD R. EDLUND HOSSEIN D. BAHAGHIGHAT KENT R. CARLSON, JR. VICTOR C. EGBON DEREK R. BAIRD ROBERT J. CARPENA DANIEL J. EICKSTEDT JEFFREY R. BAIRD BARRY S. CARTER KACEY C. ELLERBROCK CHRISTINE M. BAKER DARYL A. CARTER MATHEW D. ELLIOTT DONALD L. BAKER, JR. JASON C. CARTER MELVIN F. EMORY, JR. JAMI L. BALL JEANETTE A. CARTER MICHAEL J. ENGLIS WILLIAM F. BALL III JOHN F. CARTER DANIEL R. ERSKINE ALHAJI S. BANGURA NATALIE K. CASEY DAVID E. ESCOBAR KEITH A. BARANOW JAY I. CASH SAMUEL A. ESCOBARPEREZ JAMES A. BARLOW DANIEL L. CASTORO ROBERT J. ESPINOZA CHRISTOPHER Q. BARNETT TIMOTHY J. CATALANO JOHN W. EVANGELISTA RYAN D. BARNETT JACOB L. CECKA ANCLE R. EVANS CHARCILLEA A. BARRETT CARLOS E. CHAPARROLOPEZ DAVID H. EVANS STEVEN B. BARRIER, JR. THOMAS D. CHAPEAU SCOTT D. EVELYN KRISTOFFER R. BARRITEAU STEPHEN A. CHAVEZ DAVID FAGERGREN STEVEN S. BARTLEY GEORGE A. CHIGI DAVID M. FAJARDO ADRIAN C. BAUER MATTHEW W. CHILDERS BRENDON M. FALSIONI SEAN W. BAXTER CHRIS C. CHOI ANDREW G. FARINA CHRIS B. BEAL KRIS Y. CHOW MICHAEL S. FARMER JAMES A. BEAULIEU WILLIE L. CHRISTIAN, JR. NATHANIEL J. FARRIS RALPH L. BECKI JEFFREY S. CHRISTY BRYAN R. FEESER BROOK W. BEDELL JEREMY D. CLARDY HECTOR FERNANDEZ LISA A. BELCASTRO JAMES S. CLARK JOHN M. FERNANDEZ JOEL S. BENEFIEL MATTHEW B. CLARK ROSS D. FEUERSTEIN TOBIAS A. BENNETT PAUL A. CLARK, JR. MELISSA L. FIELD RYAN M. BERDINER EDWIN L. CLARKE BENJAMIN A. FIELDING RICHARD E. BERRY II RICHARD J. CLAYTON ANTHONY T. FINDLAY ALI J. BESIK RAYMOND E. CLOUD RYAN M. FINLEY JAY A. BESSEY MICHAEL P. COCHRAN SEAN P. FINNERTY BRIAN E. BETTIS ANTHONY L. COLE BRADFORD A. FISHER NATHAN T. BIDDLE JAMES F. COLLIER, JR. THOMAS C. FISHER PAUL T. BIGA AXEL E. COLONPADIN JOSHUA M. FISHMAN ACHIM M. BILLER NATHANIEL F. CONKEY DAVID E. FITZPATRICK MATHEW J. BILLINGS MAURICE C. CONNELLY JESSE L. FLEMING JASON D. BILLINGTON DAVID M. CONNER KATHRYN P. FLEMING DAMON J. BIRD SAMUEL J. CONNER PATRICK M. FLOOD CRAIG W. BLACKWOOD CASEY D. CONNORS FRANKIE L. FLOWERS PRESTON B. BLAIR CHRISTOPHER J. COOK MICHAEL C. FLYNN BRIAN D. BLAKE SAMUEL P. COOK JASON C. FOOTE JUDE M. BLAKE WALTER R. COOPER III DARREN B. FOWLER JONATHAN G. BLEAKLEY JOHN W. COPELAND JORDAN M. FRANCIS JOHN T. BLEIGH KELLY J. COPPAGE KENNETH W. FRANK RONALD G. BLEVINS JASON Y. CORNETT JOHN T. FRANZ PENNY M. BLOEDEL CHAD P. CORRIGAN THOMAS D. FREILING SETH A. BODNAR KENNETH J. COSGRIFF THOMAS D. FROHNHOEFER BRYAN M. BOGARDUS AARON K. COWAN DAVID A. FULTON KELLY O. BOIAN JONATHAN A. COWEN MICHAEL R. FUNCHES PAUL D. BOLDUAN AARON L. COX MICHAEL M. GACHERU DAVID M. BOLENDER YANSON T. COX ADRIAN M. GAILEY LANE A. BOMAR THOMAS B. CRAIG BRENDAN R. GALLAGHER VINCENT J. BONCICH NATHANIEL T. CRAIN CASEY J. GALLIGAN LORETO V. BORCE, JR. KIMBERLY J. CRICHLOW ANDREW A. GALLO JON D. BORMAN ADAM B. CRONKHITE MICHAEL R. GARRY ISSAM A. BORNALES BENJAMIN C. CROOM JOSHUA M. GASPARD RYAN P. BORTNYK CLARA W. CROWECHAZE LISA M. GASQUE JUSTIN A. BOSANKO CASEY R. CROWLEY MICHAEL E. GATES SHANNON M. BOSTICK JOHN R. CRUISE RICHARD B. GEBHARDT BRIAN J. BOSTON LUIS M. CRUZ, JR. MARK E. GEETING STEPHEN E. BOURDON PATRICK J. CULPEPPER SHAWN H. GEIB WILLIAM H. BOWERS KEVIN F. CUMMISKEY COREY J. GENEVICZ WILLIAM G. BOYD, JR. LARRY W. CUNNINGHAM, JR. JONATHON M. GENGE JONATHAN M. BRADFORD SEAN W. CUNNINGHAM THYRANE R. GEORGE JASON M. BRADLEY GREGORY E. CURRY II JOHN GERVAIS DONALD T. BRAMAN DANIEL P. CURTIN, JR. TIMOTHY J. GHORMLEY JOHN M. BRAUNEIS CLAYTON D. CURTIS BRYAN N. GIBB VINCENT J. BRAY DOUGLAS J. CURTIS STEPHEN R. GIBBS PAUL D. BRECK CHRISTOPHER A. CZERNIA BRIAN D. GILBERT JOHN W. BRENGLE NICHOLAS K. DALL RYAN A. GILDEA THOMAS K. BRENTON SHAWN D. DALTON CHRISTOPHER D. GILDON JESSIE J. BREWSTER CHRISTOPHER J. DAMATO KIMBERLY N. GILES MATTHEW A. BRODERICK ANDREW D. DAMICO JARROD J. GILLAM ERIC A. BROOKS CLAYTON C. DANIELS NANCY A. GINES FRANKLIN C. BROOKS ANTOINETTE H. DAOUD KEVIN M. GITKOS JASON L. BROTHERS PATRICK W. DARDIS ROBERT D. GIULIANO CHRISTOPHER J. BROWN BRYAN J. DARILEK MICHAEL B. GLADNEY JASON C. BROWN MICHAEL S. DAVERSA DEMETRIA L. GLOVER RODGERS BROWN, JR. DONALD C. DAVIDSON DANIEL GODBEY JAMES L. BROWNING CHAD A. DAVIS EDWARD GOMEZ BOYCE R. BUCKNER JOSHUA M. DAVIS GARY H. GONZALEZ, JR. DIOSABELLE B. BUCKNER MARK A. DAVIS JEFFREY D. GOOD KEVIN W. BUKOWSKI CHRISTOPHER J. DAWSON REED R. GOODELL JASON N. BULLOCK JASON W. DAY MICHAEL J. GOODENOUGH MICHAEL R. BUNDT JASON R. DEEL SCOTT A. GOODRICH THEDIUS L. BURDEN ERIC D. DEFOREST ROBERT D. GORDON ANDREW E. BURGESS ROGER T. DELAHUNT DONALD A. GOURLEY ANITA L. BURKE EMERY N. DELONG MICHAEL F. GOVIGNON JASON P. BURKE BRANDEN J. DELPILAR ROBERT B. GRAETZ RYAN T. BURKERT KIRBY R. DENNIS MATTHEW W. GRAHAM MICHAEL M. BURNS TRAVIS P. DETTMER SHAWN M. GRALINSKI JOHN J. BURRESCIA, JR. STEVEN M. DEVITT MICHELLE M. GRAMLING PHILIP A. BUSWELL THURMAN S. DICKERSON III LAWERENCE L. GRANT CODY P. BUTTON CHRISTIAN N. DIETZ ROBERT L. GREEN JASON L. BUURSMA ADAM B. DIGAUDIO MICHAEL C. GREENE VAUGHAN M. BYRUM PETER DIGIORGIO KARL E. GREGORY POHAN A. BYSTROM DANIEL C. DINICOLA DANIEL D. GRIEVE RONALDO B. CABALES ERIC S. DOBER STEVEN D. GRIFFIN ROGER M. CABINESS II BRYAN J. DODD WILLIAM J. GRIFFITH IV RYAN C. CAGLE THOMAS C. DOUKAKOS GARRETT J. GUITREAU ELIZABETHANNE M. CAIN AMANDA E. DOYLE ROBERT C. GULLY HARTLEIGH A. CAINE ELIJAH A. DREHER JOHN R. GUNTER STEPHEN A. CALDERON TIMOTHY J. DUGAN DAVID W. GUNTHER JAIME CALICA CHRISTOPHER T. DULING MARK A. GUNTHER ADAM S. CAMARANO CEDRICK A. DUNHAM NATHAN A. GUTHRIE BRIAN C. CAMPBELL RICHARD E. DUNNING CHRISTOPHER W. HAGGARD WILLIAM R. CANDA III CRAIG J. DUPUY MICHAEL B. HALE ADAM M. CANNON ERIC N. DURRANT CHRISTIAN W. HALL DON L. CANTERNA, JR. JOHN N. DVORAK MARK D. HALL MATTHEW P. CAPOBIANCO MICHAEL G. DVORAK SHAUN C. HALL

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WILLIAM A. HAMMAC RUSTIE W. KIM SHAUN P. MILLER KARI C. HAMMOND YOUNG I. KIM JOHN C. MILLS TIMOTHY J. HANLEY JASON A. KING BENJAMIN D. MINCHHOFF DIONNE L. HANNAH JEROME A. KING ERIC S. MINOR NOAH C. HANNERS JOSEPH P. KING PAUL B. MITCHELL III EVANS A. HANSON DONALD L. KINGSTON, JR. AARON J. MOCK GLENDEN J. HANUN CHRISTINA R. KIRKLAND JAMES M. MODLIN, JR. ADAM W. HARLESS BRIAN A. KLEAR ALBERTO J. MOLINAGALLARDO JOSEPH G. HAROSKY BRIAN A. KLINE DARREN R. MONIOT FREDRICK C. HARRELL JONATHAN E. KLINK MARQUETTE D. MONTGOMERY TERRENCE G. HARRINGTON CHARLES M. KNOLL KERRIE A. MOONEY WILLIAM B. HARRINGTON KYLE A. KNOTTS BRIAN J. MOORE CHARLA N. HARRIS RYAN F. KOVARIK MASON M. MOORE MICHAEL K. HARRIS ADAM T. KRAFT RICHARD M. MOORE WALTER F. HARRIS FRANK K. KRAMMER, JR. CARLOS J. MORALES JOHN P. HARRISON RYAN T. KRANC ERICK J. MORALES PAUL D. HARRISON ERIC V. KREITZ DYLAN M. MORELLE JAMES J. HART CALVIN A. KROEGER PAUL W. MORESHEAD RICHARD E. HARTNEY III MATTHEW M. KUHN ZACHARIAH G. MORFORD MONICA L. HARTY RYAN B. KURRUS BRAD A. MORGAN KEITH A. HASKIN ANTHONY F. KURZ JAYSON B. MORGAN VALERIE L. HAUER PHILLIP M. LACASSE CHRISTOPHER J. MORRIS DERON R. HAUGHT EDGAR G. LANDAZURI CHRISTOPHER T. MORTON DERIC J. HAWKINS LISA R. LANDRETH SHAWN J. MORTON DANIEL A. HAYDEN COREY M. LANDRY JAMES L. MOSELEY II ROLLIN R. HEASSLER CHRISTOPHER C. LANE DUANE L. MOSIER SEAN M. HEENAN MICHAEL LANZAFAMA NICHOLAS C. MUMM WILLIAM S. HEEPS NEAL J. LAPE PHILIP J. MUNDWEIL JOEL M. HELGERSON MELISSA M. LAPLANTE ROBERT M. MURPHY THOMAS L. HENDRIX III DOMINIC M. LARKIN RASHEED N. MUWWAKKIL ANDREW M. HENNING JAMIE R. LAVALLEY ANDREW D. NAPHY DAVID F. HENNING, JR. DANIEL E. LAWRENCE, JR. WILLIAM NAVARRO KYLE D. HENSON DOUGLAS A. LAXSON CHRISTIAN C. NEELS GREGORY P. HENZ TRI D. LE RYAN L. NENABER MICHAEL S. HEQUEMBOURG DAVID M. LEACH RYAN C. NESRSTA JORDAN E. HERRMANN CEDRIC G. LEE RICHARD A. NESSEL JOHNATHAN W. HESTER CHONG Y. LEE LOUIS V. NETHERLAND TERRY N. HILDERBRAND, JR. MATTHEW D. LEE JACE R. NEUENSCHWANDER JAMES K. HILLABRANDT MARK A. LEGASPI ROBERT J. NEWBAUER TERRY L. HILT LANCE S. LEONARD MARY S. NEWELL JAMES D. HOCHSTETLER LEVIAS L. LEWIS GARY A. NILES DAVID J. HODGES NATHAN L. LEWIS WALLY NOEL JOSEPH E. HOFFMAN TRACEY B. LEWIS JEFFREY D. NOLL JAMES E. HOLMES, JR. WILLIAM K. LEWIS WILLIAM F. NORDAI DAVID T. HOLSTEAD KATRINA G. LEWISON JEFFREY R. NORDIN DALE J. HOMMERDING TYLER G. LEWISON MATTHEW C. NORRIS JONATHAN J. HOPKINS ERIC LIGHTFOOT JASON S. NORTHROP JUSTIN C. HOPKINS SAMUEL E. LINN RUSSELL G. NOWELS MATTHEW D. HOPPER DAVID J. LITTLE MANUEL A. NOYOLA CHRISTOPHER T. HORMEL KENNETH A. LIZOTTE, JR. GERALD A. NUNZIATO, JR. SCOTT W. HORRIGAN JAMES E. LONG ERIC W. NYLANDER AARON M. HOTARD RYAN D. LONG MARK J. OBRIEN JAMES C. HOWELL WILLIAM T. LONGANACRE LOUISITO J. OCAMPO DOUGLAS M. HOYT CLIFTON J. LOPEZ III JOSEPH M. ODORIZZI CHRIST M. HRISTOFIDIS MICHAEL B. LOVEALL DEANNE M. OJEDA SEAN K. HUBBARD PATRICK S. LOWRY ERIK C. OKSENVAAG JUSTIN D. HUFNAGEL JOSHUA M. LUCKEY SAMUEL OLAN DAVID K. HUGHES REVEROL A. LUGO BRANDON L. OLIVEIRA MARCUS S. HUNTER BRETT W. LYNCH ANDREW L. OLSON JEREMIAH C. HURLEY JASON R. LYNN SEAN M. ONTIVEROS RYAN E. HUSTON MICHAEL L. LYONS JOHN P. OPLADEN STEVEN C. HYDER JEROD J. MADDEN DAVID M. ORTEGA TRAVIS A. IMMESOETE COLIN P. MAHLE PEDRO J. ORTIZ KEITH B. INGRAM TIMOTHY B. MANTON EDGAR J. OTALORA VAN P. ISRA NED B. MARSH ELIAS D. OTOSHI ERICA R. IVERSON PATRICK S. MARSH PAUL G. OTTO ROMAN D. IZZO DENNIS P. MARSHALL KENNETH C. OUTLAW ERICA D. JACKSON MATTHEW D. MARSTON RANDY T. OVERSTREET JONATHAN B. JACKSON JONATHAN R. MARTIN JUSTIN R. PABIS MICHAEL T. JACKSON CASEY A. MARTINEZ GABRIEL PADILLA SAMUEL A. JACKSON III ISAIAS MARTINEZ, JR. JASON B. PALERMO KEITH L. JACOBS DOUGLAS A. MASSIE NATHAN A. PALISCA CONRAD J. JAKUBOW CHRISTOPHER P. MATTHEW BRADLY S. PARKER JUNEL R. JEFFREY DAVID A. MATTOX MATTHEW L. PARKER WILLIAM F. JENNINGS ROBERT S. MCCHRYSTAL JEFFREY D. PARKS DAVID E. JENSEN RODRIC M. MCCLAIN BRANDON W. PARRISH ERIC N. JNAH MARK R. MCCLELLAN PHILIP P. PARRISH ALI H. JOHNSON JOHN W. MCCOMBS BRIAN W. PARSONS DEREK E. JOHNSON JESS MCCONNELL ERIC A. PARTHEMORE FOREST A. JOHNSON BRIAN K. MCCORT ROBERT T. PAUL JESSE R. JOHNSON ROBERT L. MCCRACKEN RODRIC G. PAULETTO JOSEPH P. JOHNSON SCOTT E. MCCRANEY JATHAN R. PAYNE MATTHEW L. JOHNSON RODNEY D. MCCUTCHEON KEVIN M. PELLEY PERRY L. JOHNSON, JR. JEFFREY B. MCGINNIS CARLOS D. PEREZ STEPHEN M. JOHNSON CHRISTOPHER I. MCGRAIL ALEXIS PEREZCRUZ TIMOTHY C. JOHNSON ARTHUR L. MCGRUE III FRANK C. PESCATELLO, JR. GREGORY S. JONES MATTHEW J. MCKEE BENJAMIN C. PETERSON THOMAS M. JONES LAURA K. MCKENNA DONAVAN D. PETERSON RAFAEL JOVETRAMOS, JR. ERIC D. MCKINNEY ERIK S. PETERSON KEVIN T. JOYCE GREGORY W. MCLEAN PATRICIA C. PETERSON NEIL J. JULIAN CALEB J. MCMAHAN PHILLIP J. PHILBRICK MICHAEL A. JURICK, JR. ALEC T. MCMORRIS DUSTIN E. PHILLIPS STEVEN L. KANE JOHN H. MCNAMARA ERIC M. PHILLIPS LOUIS M. KANGAS SHAWN E. MCNUTT MARCUS B. PINTO THOMAS A. KAPLA WILLIAM A. MCNUTT STEPHEN D. POE VINCE M. KASTER TIMOTHY P. MEADORS KRISTOPHER R. POIRIER AARON J. KAUFMAN JEDEDIAH J. MEDLIN STIRLING D. POPEJOY JANETTE L. KAUTZMAN MELVIN R. MEDRANO JEFFREY A. POQUETTE JAMES B. KAVANAUGH GREG A. MEERT JEFFREY D. PORTER DANIEL P. KEARNEY JASON R. MELCHIOR MELVIN C. PORTER, JR. WAYNE R. KEELER MARCUS H. MELTON JASON R. POSEY ALLEN L. KEHOE JORGE J. MENDOZACASILLAS THOMAS L. POTTER, JR. ROBERT A. KEITH JOHN W. MERKEL ROSALBA POULOS SCOT R. KEITH MARY E. MERRICK ROBERT S. PRATT ANTHONY A. KELLER GABRIEL M. MESA MICHAEL C. PRESCOTT TIMOTHY P. KELLY JUSTIN T. MICHEL DAVID W. PRESTON EDWARD E. KENNEDY MATTHEW C. MILETICH JAMES D. PRITCHETT ASFANDYAR KHAN JAMES MILLEDGE CATHERINE K. PROIETTA WESLEY C. KIBLER JOHN P. MILLER III ROBERT J. PRZYBYLSKI KEVIN R. KILBRIDE JOSHUA T. MILLER BRYANT G. PUERTO THOMAS J. KILBRIDE NATHANIEL S. MILLER THOMAS T. PUTNAM BYUNG C. KIM RICHARD A. MILLER JAMES A. RAINES, JR.

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JAMES A. RAMAGE JONATHAN C. STAFFORD NATHAN S. WHITFIELD ALEJANDRO RAMIREZ IVY Y. STAMPLEY ANDREW J. WHITFORD ANDREA RANDLE MATTHEW P. STARSNIC NATHAN A. WHITLOCK JASON S. RAUB MICHAEL H. STARZ ANDREW J. WILBRAHAM DANIEL L. RAUSCH ANDREW C. STEADMAN PATRICK R. WILDE SAMUEL L. REDDING SHAWN P. STEELE AARON M. WILLIAMS CRAIG REDFEARN JASON J. STEGER REGINALD E. WILLIAMS, JR. JESSE R. REED NORMAN F. STEPHENSON DAVID R. WILSON JAMES R. REESE, JR. JESSE R. STEWART JARED P. WILSON SEAN M. REESE KELLY J. STEWART JEANNETTE M. WILSON SEAN M. REILLY LEONARD J. STEWART III MAURICE WILSON JERRY B. REITAN WINCHESTER A. STIENS NATHANIEL B. WILSON GLEN D. RENFREE JOSHUA A. STILTNER TAMMI Y. WILSON JOSE R. REYESIRIZARRY ORRIN G. STITT BARRY WINNEGAN JEFFREY P. RHODES JENNIFER J. STOBIE PAUL W. WITKOWSKI CHRISTOPHER J. RICCI ADAM C. STOCKING SHANNON L. WOLF ROBERT B. RICHARDS JAMES P. STOFFEL MATTHEW S. WOLFE WILLIAM D. RICHARDSON ROBERT F. STOKES JOHN A. WOMACK WILLIAM P. RICHARDSON GREGORY P. STONE RICHARD S. WOOLSHLAGER JASON B. RIDDLE KEVIN P. STONEROOK JEFFREY R. WOOTEN WALTER O. RITTGER JON E. STOROZUK MATTHEW T. WORK CRUZ RIVERA, JR. WILLIAM E. STOVALL LARRY G. WORKMAN SANTOS RIVERA, JR. VAUGHN D. STRONG, JR. RYAN K. WORKMAN JOHN T. ROBERSON MARK C. STURGEON GLEN A. WRIGHT CHRISTOPHER O. ROBERTS JAMES A. STURM TIMOTHY F. WRIGHT STEVEN G. ROBINS IVEN T. SUGAI PAUL M. WUENSCH GUYTON L. ROBINSON EDWARD T. SULLIVAN TAYLOR R. YAMAKI MICHAEL P. RODER ROBERT H. SULLIVAN ALISSA A. YIKE MICHAEL R. RODICK RYAN P. SULLIVAN LUCAS J. YOHO WILLIE RODNEY WILLIAM D. SULLIVAN ALEXANDER YOUNG ROBERT R. RODOCK WADE L. SWEENY DENNIE YOUNG FELIX O. RODRIGUEZ THOMAS J. SWINT GENE YU JUAN C. RODRIGUEZ MARSHALL S. SYBERT MICHAEL ZENDEJAS PATRICK C. ROGERS NATHANAEL S. TAGG CURTIS J. ZERVIC STEPHEN M. ROMAN JOHN M. TATE SALVADOR M. ZUNIGA CHARLES J. ROMERO JAMES T. TAYLOR KURT W. ZWOBODA BRANDAN T. ROONEY MICHAEL D. TEAGUE D070732 SONNY T. ROSALES JOHN W. TEMPLER D070505 JEFFREY R. ROSENBERG RICHARD P. TETA D070795 ROBERT E. ROWLAND LAVERN C. THEIS, JR. D071037 JOSEPH A. ROYO STEPHEN P. THIBODEAU D071039 JARED M. RUDACILLE JOSEPH F. THOMAS JARED E. RUNGE AMY R. THOMPSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANNMARIE D. RUPPERT ANTHONY M. THOMPSON TO THE GRADE INDICATED IN THE UNITED STATES ARMY STEVEN G. RUSH MICHAEL B. THROCKMORTON UNDER TITLE 10, U.S.C., SECTION 624: TIMOTHY J. RUSSELL TRAVIS S. TILMAN To be major ARAYA S. RUTNARAK MICHAEL W. TILTON JOSEPH W. RUZICKA LAWRENCE A. TOMAZIEFSKI CLARA H. ABRAHAM MARC J. SANBORN LAZANDER C. TOMLINSON JACOB I. ABRAMI IRVING SANCHEZALMODOVAR BRENDAN P. TOOLAN LENNOL K. ABSHER KEITH P. SANDOVAL BENJAMIN L. TORPY ERIC R. ADAMS RODOLPHO A. SANDOVAL CAMBREY M. TORRES MICHAEL A. ADAMS JOHANNIE SANMIGUEL VICTOR J. TORRESFERNANDEZ BENJAMIN K. AFEKU KYRIAKOS R. SARAFIS JASON A. TOTH RACHEL J. ALESSANDRO DAVID A. SARRETTE, JR. JAMES P. TOWERY, JR. THOMAS M. AMODEO DAVID M. SATTELMEYER RICHARD A. TOWNER DEQUETTA J. ANDERSON MARC D. SAUTER JAMEY L. TRIGG ELIZABETH M. ANDERSON FRED L. SAXTON BRIAN J. TRITTEN MICHELLE D. ANDERSON MARK J. SCHERBRING VICTOR E. TRUJILLO II VALERIE R. ANDREWS RICHARD H. SCHILDMAN III TIMOTHY A. TRYON JAY H. ANSON MARTIN D. SCHMIDT GERALD D. TUCK CHARLES M. AZOTEA NATHAN G. SCHMIDT COLEY D. TYLER RICHARD L. BAILEY PETER L. SCHNEIDER KYLE L. UPSHAW PAUL W. BALDWIN CORT SCHNETZLER HOPE A. USE SEAN A. BARBARAS EDWARD B. SCHOENHEIT JEREMY J. USSERY MATTHEW J. BARBOUR CLARENCE C. SCOTT, JR. DAVID A. UTHLAUT MICHAEL A. BARKER JAMES D. SCOTT BRIAN C. VANVALKENBURG KURT M. BARNEY JOSEPH C. SCOTT DARRELL F. VAUGHAN ANTHONY L. BARRERAS VICTORIA M. SCRAGG HUMBERTO O. VENTURA BRIAN M. BAUER BRUCE L. SCULLION MATTHEW J. VETTER JAYNA T. BELL JAMES H. SCULLION SETH W. VIEUX CHRISTINA A. BEMBENEK CHAD W. SEARCY ALBERT A. VIGILANTE, JR. THOMAS R. BENARD JOEL P. SEARS SEAN C. VINSON JENNIFER D. BERGER VIRGINIA L. SEIGEL CHRISTOPHER J. VITALE JASON R. BIERKORTTE CHARLES A. SEMENKO BRIAN M. WADE CHRISTIAN C. BJORNSON JOSHUA T. SEVERS MARK J. WADE DAVID J. BLACK TONY W. SEXTON CHRISTOPHER K. WAGAR TRAVIS T. BLOCK BRETT G. SHACKELFORD ANDREW J. WAGNER JEREMY S. BOARDMAN JOHN A. SHAW RUSSELL O. WAGNER JOHN D. BOLAND MATTHEW D. SHAW MATTHEW L. WAGONER JARED V. BONDESSON JAMES D. SHEFFIELD JERMAINE M. WALKER THOMAS J. BOUCHILLON WILLIAM H. SHOEMATE II JONATHAN D. WALKER MICHAEL V. BOUKNIGHT TODD A. SHORE KEITH P. WALKER TIMOTHY D. BOWERS TUCKER W. SHOSH MATTHEW A. WALKER ROBERT S. BRALEY JEFFREY D. SHULTZ LEE S. WALLACE KAYSTEINE J. BRIGGS RUFUS H. SHUMATE III STEVEN S. WALLACE HEIDI A. BROCKMANN ISAAC S. SJOL DANIEL J. WALLESTAD ANDREW S. BROKHOFF LAURA J. SKINNER CHADRICK K. WALLEY ERICKA M. BROOKS ANDREW M. SLATER SHAWN A. WANGERIN SHAWN P. BROUSSARD NEAL C. SMILEY KEVIN J. WARDROBE RICHARD B. BUCKNER DAVID K. SMITH JOSEPH L. WARNER STEPHEN A. BULTMANN DEREK A. SMITH SEAN M. WARNER PATRICK D. BUNCH DONALD D. SMITH CARL E. WARREN JOSHUA M. BUNDT DUNCAN A. SMITH, JR. JERON J. WASHINGTON JOSHUA T. BURDETT JAMES B. SMITH SHERMAN C. WATSON RYAN H. BURKE KENNETH C. SMITH SHANNON T. WAY MICHAEL P. BURNS MARIAH C. SMITH JASON R. WAYNE RETT B. BURROUGHS STEPHEN T. SMITH DENNIS J. WEAVER MICHAEL R. BUSH CURTIS M. SNIDER MARTIN E. WEAVER JAMES D. BUSKIRK STEPHEN P. SNYDER WADE M. WEAVER BRIAN H. BYRD BRENT W. SOBKOWIAK JEREMY M. WEDLAKE JEFFREY A. BYRD BRIAN E. SOLE ALBERT J. WEINNIG II MARTIN CABANHERNANDEZ HUGH E. SOLLOM ADENA J. WEISER JAMES D. CAHILL ROBERTO C. SOLORZANO YINON WEISS BRENT R. CALLIS BRIAN A. SOULE CHRISTOPHER P. WELLMAN ANDREW J. CAMP JEFFREY J. SOUTER DANIEL E. WELSH JAYSON R. CAMPBELL DARREN T. SPEARS CHAD M. WENDOLEK DEREK J. CARLSON BRENDA J. SPENCE ERIC N. WEYENBERG VERONICA A. CARROLL DAVID W. SPENCER AMY M. WHEELER MICHAEL W. CERCHIO NIMROD L. SPILMAN GRAHAM R. WHITE ROY J. CHANDLER JEREMY P. SPRINGALL REGINALD D. WHITE HEATHER M. CHRISTENSEN JOEL B. SPRINGER JOSEPH L. WHITENER, JR. LATRICE K. CLARK

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MICHAEL D. CLAYTON LANCE C. HILL JOHN J. MELO BRYAN M. CLEARY JENNIFER A. HINKLE ERNIE D. MELTON JEREMY L. CLICK ANTONIO A. HINOJOSA CHRISTOPHER L. MENG MARK A. COBOS DEAN L. HINRICHSEN PHILIP A. MESSER SETH D. COLE BINH T. HO JUDE T. METOYER GEORGE H. COLEMAN MICHAEL A. HODGIN PAUL E. MEYER JOSE G. COLLADO LARRY J. HOECHERL, JR. RICARDO N. MILLAN ENARDO R. COLLAZOALICEA JASON P. HOGAN APRIL D. MILLER BRIAN T. COLLINS DEVIN M. HOLLINGSWORTH CHRISTIAN R. MILLER LIAM M. CONNOR JOHN W. HOLMES LAUREN J. MILLER RAINA M. COPOSKY JAMES P. HOLZGREFE PATRICK J. MILLER SHANE W. CORCORAN STEPHEN F. HOPKINS KRISTOPHER S. MITCHELL KRISTINA J. CORNWELL DAVID T. HORD ANDRE S. MONGE DENNIS A. COX TAWNYA W. HORTON ROSANA MONTANEZRODRIGUEZ JACOB H. COX, JR. MICHAEL J. HOSLER JAMES M. MOORE TRAVIS R. COX DOUGLAS B. HOUSTON JOEL L. MOORE CASEY D. COYLE JASON C. HOWK RICHARD A. MORGAN RICHARD M. CRUZ, JR. COLIN D. HOYSETH CHRISTOPHER F. MORRELL HOYT A. CRUZE III MALIKAH H. HUDSON SEAN M. MORROW EDWARD D. CUEVAS ROBERT HUDSON JAMES H. MORSE, JR. TIMOTHY M. CULPEPPER JEANNE F. HULL JASON D. MOULTON DARIUS W. DANIEL BENJAMIN W. HUNG AIMEE J. MOWRY JASON N. DAUGHERTY RICHARD A. HUNTER BRIAN G. MULHERN KYLE A. DAVIS JENNIFER A. HURRLE FATAH MURAISI MICHAEL A. DECICCO BRIAN R. HUSKEY KEVIN M. MURPHY ROBERT G. DELEON PAUL E. IRELAND ROBERT C. MURPHY, JR. CHRISTOPHER M. DEMPSEY TIMOTHY J. IRELAND DWAYNE A. MURRAY KENT B. DENMON BRADLEY J. ISLER JOHN K. NAKATA EDDIE J. DIAZRIVERA JASON E. ISON JONATHAN C. NARVAES CHARLES R. DIXON TANIA L. IWASKIW CRAIG A. NAZARETH STEVEN L. DOEHLING LOGAN R. JACK ISABEL K. NAZARETH BERESFORD P. DOHERTY JUAN E. JACKSON BRAD E. NEAL MICHAEL J. DONAHUE JEFFREY S. JAGER JASON I. NEEDLER WILLIAM A. DONALDSON ROBERT A. JAMES AARON M. NEWCOMER JOHNNY W. DOOLEY CLAUDE H. JEAN RUBIN R. NEYPES JAMES D. DOUGLAS NOAH A. JEFFERSON KENNETH C. NICKERSON NICOLE E. DOUGLAS MARIA E. JENSEN SAMUEL NIEVES ERIN T. DOYLE HAEYONG JI RUSSELL F. NUNLEY PACE A. DUCKENFIELD ANGELA K. JOHNSON KEVIN P. OCONNELL WILLIAM R. DUFFY EUGENE L. JOLLY III SHERRY K. OEHLER CHRISTINA L. DUGAN COURTNEY E. JONES AMMILEE A. OLIVA JEFFERY J. DUNLAP JEFFREY M. KALDAHL DUSTIN R. ORNATOWSKI RICHARD G. DUNN BRIAN F. KAMMERER CYNTHIA A. ORR NATHANIEL DURANT III JAMES P. KANE, JR. JAMES F. OSBORNE ANTHONNIE D. EASON JUAN C. KAPLAN THOMAS J. PAFF DAVID C. ECKLEY JOHN S. KASPER MARCELO V. PAJO RUSSELL J. EDMISTON CHRISTINA R. KEARNS MICHAEL A. PANARO III JAMES T. EDWARDS, JR. CARLOS L. KEITH, JR. JIN W. PARK JASON C. EDWARDS COURTNEY T. KENDELL BRIAN L. PARKER ROBERT W. ERDMAN CHRISTIAN J. KENNEY GABRIEL R. PARSLEY ROBERT A. ERICKSON SCOTT W. KEY WILLIAM W. PARSONS ALFRED V. ESCOTO ANDREW R. KICK SEAN E. PASSMORE LEE E. ESSER BRIAN S. KILGORE STEVEN M. PAULK KENNETH C. EVANS JOONGYUP J. KIM ALEXIS A. PEAKE JAMES L. FAIRCLOTH III NADINE M. KING RAYMOND V. PEMBERTON JESSE L. FALK BRADLEY J. KINSER HERIBERTO PEREZRIVERA JOHN J. FELBER JILLIAN M. KLUG DANDRELL A. PERNELL WILLIAM A. FERRARO STEPHEN H. KOCH WILLIAM M. PETULLO JEFFREY D. FISH JOSEPH T. KOSEK III DAVID A. PHEASANT MARK A. FISHER AARON W. KOZAK THOMAS D. PIKE CHRISTOPHER P. FOLK THAD H. KRASNESKY CHAD M. PILLAI FLOYD C. FORREST JAMES R. KRETZSCHMAR HANS H. PINTO DANIEL L. FOX JOSEPH R. KRUPA DALE L. PITTMAN WILFREDO FRANCESCHINI THOMAS LAFLASH PETER N. PLANTE LUCAS N. FRANK RODNEY D. LAMBERSON II DANIEL J. POOLE DAVID H. FRANZ JOSEPH T. LATENDRESSE EDWARD L. POWELL JEFFREY D. FRANZ WILLIAM H. LAVENDER II LEIF H. PURCELL TIMOTHY C. FRIEDRICH JOHN C. LEE SUKHDEV S. PUREWAL JOHN P. FRIEL MICHAEL P. LENART PHILLIP RADZIKOWSKI BRIAN D. FULTZ EDWARD B. LERZ II SIEGFRIED T. RAMIL MARTRELL G. FUNCHES AMUTRA D. LEVINE MATTHEW B. RAPP RANDALL M. GABLE DOUGLAS L. LEWIS ALEXANDER P. RASMUSSEN JASON J. GALUI LOLETA L. LEWIS DAVID C. REDMAN RUBEN GARCIA, JR. HUNG N. LIEU NATHAN T. REED JOSEPH N. GARDNER SCOTT D. LINKER THOMAS R. RENNER TERESA M. GARDNER RODNEY H. LIPSCOMB LEROY REYNOLDS, JR. LEE W. GERBER CHRISTOPHER L. LISTON MATTHEW O. REYNOLDS RICHARD C. GERMANN CHRISTOPHER I. LOFTIS JEREMY M. RIEHL RONNIE E. GERONIMO LUCIA L. LOMBARDI JAMES R. RIGBY TIMOTHY M. GIBBONS CHYLON E. LONGMOSES JOHN P. RINGQUIST STEVEN C. GIESE HECTOR J. LOPEZ GARNER L. RIVARD ROBERT B. GILLESPIE JEFFREY B. LOVELACE RYAN M. ROBERTS RYAN D. GIST JOHN G. LUKER SAMUEL M. ROBISON JONATHAN A. GLENN DAWOOD A. LUQMAN MARIA G. ROBLES JAMES T. GOLBY JAVIER MADRIGAL OCASIO J. RODRIGUEZ CHRISTOPHER A. GONZALES NICHOLAS MAGGIO ADALBERTO RODRIGUEZOLIVERA LESLIE D. GORMAN TONY T. MAI BRIAN E. ROEHL DOUGLAS M. GRAHAM TAHER K. MANASTERLI NORKA I. ROJAS MICHAEL E. GRATER RYNELE M. MARDIS SHANE A. ROPPOLI CLAUDETTE D. GRAVES SCOTT W. MARKS MATTHEW S. ROSS RANDY A. GREGORY JEFFREY L. MARMITO HEATHER I. ROSZKOWSKI KEVIN J. GROPPEL BRADLEY J. MAROYKA JOHN R. ROUSE MICHAEL A. GRYGAR VINCENT P. MARSCHEAN ROBERT RUBIANO HEATHER N. GUNTHER WILLIAM M. MARTIN VICTOR H. RUIZ DAVID L. HALL ARNULFO J. MARTINEZ BENJAMIN A. RUSCHELL JAMES R. HALL, JR. WILLIE H. MASON JEREMY L. RUTLEDGE BRIAN P. HALLAM MICHAEL Y. MASSEY ELIZABETH A. RYSER WILLIAM A. HAMILTON JASON A. MCANALLY STEPHEN SAMS ROBERT A. HAMMACK SEAN P. MCCAFFERTY LIZETTE SANABRIAGRAJALES ARNOLD V. HAMMARI DAVID C. MCCAUGHRIN JESSE L. SANDEFER JENNIFER K. HAN KELLY M. MCCAY ARPINEE SARKISIAN THOMAS C. HANDY MATTHEW M. MCCREARY NATHAN C. SAUL THOMAS M. HANLON MICHAEL P. MCDONALD CLIFTON D. SCHMITT BRIAN M. HART BRIAN C. MCDOWELL AARON P. SCHWAIGER JEREMY D. HARTUNG JOHN W. MCFARLIN, JR. KEVIN A. SCOTT JARED B. HARTY JENNIFER S. MCFARLINMENDEL IAN P. SEIN RACHELLE T. HATHAWAY JAY G. MCGEE BENJAMIN K. SELZER JOSE C. HENDERSON SCOTT D. MCLEARN ROBERT J. SHADOWENS MATTHEW T. HERBERT BARRETT A. MCNABB BENJAMIN J. SHAHA NOEMI HERNANDEZ MEGAN A. MCSWAIN STEPHEN J. SHANKLE ROBERTO HERNANDEZ JASON S. MEISEL RICHARD N. SHEFFIELD THOMAS W. HIGGINSON NICHOLAS W. MEISTER ELIZABETH M. SHERR

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CHRISTOPHER D. SIEVERS CHRISTOPHER J. ANDERSON JOHN M. CULLEN, JR. CHARLIE SILVA ERIC W. ANDERSON CLIVE A. CUMMINGS CRAYTON E. SIMMONS JOEL B. ANDERSON JENNIFER L. CUMMINGS RICHARD B. SIMPSON REGINALD J. ANDERSON DAMIAN R. CUNNINGHAM PETER T. SINCLAIR II SEVERT A. ANDERSON IV WADE R. CUNNINGHAM ELDRIDGE R. SINGLETON PATRICK I. ANDING MICHAEL J. CUPP STEPHEN T. SKELLS JAMES M. ANTHONY JAMES S. CUSTIS, JR. JASON A. SLUTSKY JOSEPH A. ANTHONY SHERMOAN L. DAIYAAN BENJAMIN M. SMITH SCOTT C. APLING CRAIG A. DANIEL DIONNE M. SMITH CORY D. ARMSTEAD GREGORY S. DARLING JOHN A. SMITH THERESA L. ARMSTRONG KYLE D. DAVIDSON NIKKI N. SMITH CHARLES L. ARNOLD JILL S. DAVIS JARED W. SNAWDER CLARENCE L. ARRINGTON MICHAEL A. DAVIS JOHN M. SNYDER BRYAN A. ASH REGINALD L. DAVIS RICHARD J. SONNENFELD BRANDON J. BAER LARRY R. DEAN DAVID SOTOMAYOR CHRISTOPHER R. BAILEY JUSTIN L. DEARMOND PATRICK L. SOULE KATRESHA M. BAILEY MICHAEL A. DELAUGHTER JOHN M. SOVA MICHAEL L. BAILEY ERICH O. DELAVEGA JOEL C. SPINNEY SCOTT A. BAILEY MICHAEL S. DELBORRELL CHRISTOPHER M. STAUDER CHRISTOPHER W. BAKER EDWARD T. DELNERO CAROL M. STAUFFER ROBERT J. BAKER JONATHAN L. DELOACH KEVIN L. STEELE JASON A. BALLARD FABIENNE DENNERY CHRISTOPHER N. STELLE CARL E. BALLINGER JAMAL C. DESAUSSURE JOSHUA N. STEPHENSON THOMAS BANTAN, JR. JAMIE L. DEVUYST MICHAEL K. STINCHFIELD MICHELE A. BARKSDALE JOHN D. DIGGS ANDREW S. STLAURENT ROBERT J. BARTRUFF, JR. HOWARD R. DONALDSON POVILAS J. STRAZDAS MARIWIN O. BASCO AMY E. DOWNING OLIVER D. STREET DANIEL B. BATEMAN RODLIN D. DOYLE SHAWN STROOP JOSHUA J. BAXTER STEVEN M. DUBUC TISSA L. STROUSE TARA D. BECK NELSON E. DUCKSON SCOTT E. STURTEVANT ELIZABETH S. BELLINGER WALTER H. DUNN III DANIEL P. SUKMAN JONATHAN S. BENDER TIMOTHY P. DUNNIGAN PATRICK K. SULLIVAN FRANK A. BENITES BONNY C. DYLEWSKI JERMAINE L. SUTTON DAVID J. BENJAMIN III CHARLES D. ECKSTROM KATINA S. SUTTON MICHAEL W. BERK JASON A. ELBERG ANDREW D. SWEDBERG ADAM C. BERLEW ROBERT W. ELLIS ANDREW D. SWEDLOW EDWIN BERRIOS JACQUELINE S. ESCOBAR ROBERT L. TABER DENNIS R. BERRY GILBERTO ESCOBEDO BRENDAN S. TAYLOR ROBERTO A. BETTER JESUS M. ESTRADA JOSHUA A. TAYLOR JASON H. BIEL RAY L. FAILS, JR. KOLLIN L. TAYLOR BOYD R. BINGHAM BRIAN M. FALCASANTOS SEAN R. TAYLOR DUSTIN G. BISHOP CLAXTON T. FALLEN BILL M. TERRY, JR. MATTHEW J. BISSWURM PATRICK D. FARRELL BENJAMIN R. THOMAS CHAD J. BLACKETER DALE A. FATER THAD M. THOME MATTHEW M. BLACKWELDER SCOTT W. FAWCETT BRANDON S. THOMPSON PAUL V. BLEVINS MARIAN W. FEIST SCOTT D. THOMPSON JONATHAN A. BODENHAMER ANGEL S. FIGUEROA MANDIE A. TIJERINA MARCO A. BONGIOANNI WILFREDO FIGUEROA, JR. JOHN D. TINCHER ALFRED S. BOONE DANIEL A. FISHBACK AKEMI A. TORBERT TIMOTHY J. BOTSET RONALD H. FITCH EDWIND TORRESROSADO JULIUS L. BOYD II DENNIS A. FITZGERALD MARK E. TOWNSEND ANDREW S. BRANDON CARLITO O. FLORES ROBERT L. TRENT JAMES V. BRANNAM KAREN E. FLUCK JAMES E. TRIMBLE, JR. TODD BRAUCKMILLER TRAVIS S. FOLEY JASON G. TULLIUS TIGE M. BRAUN JOHN A. FORSYTH JOHN E. TURNER, JR. MICHELLE L. BRIDEGROOM COLETTE N. FOSTER NALONIE J. TYRRELL ANTWAN D. BROWN PENNIE M. FOY JAMES R. ULL DAVID W. BROWN SCOTT A. FRANCIS NICOLE E. USSERY KIRK O. BROWN TAMMY L. FRANCISCO NATALIE E. VANATTA JARED L. BUCHANAN CRAIG E. FRANK ELLIE M. VANCE FRANKLIN J. BUKOSKI JASON T. FUOCO GABRIEL V. VARGAS JAMES R. BURKES ERIC M. GADDIS TREVOR E. VOECKS DEVIN D. BURNS CLARK M. GALLETTA JANEL D. VOTH TARA A. BURNS RYAN B. GALLION KAIWAN T. WALKER RONALD S. BURNSIDE DEANDRE L. GARNER NEIL R. WALKER GREGORY A. BUTLER TREVOR L. GARRETT TIMOTHY J. WALKER SAMUETTA L. BUTLER CHRISTOPHER J. GARVIN DANIEL S. WALL CHRISTOPHER C. BYNES NORMAN K. GARVIN JONATHAN B. WARR FAY C. CAMERON JAMES E. GEE JEFFREY L. WASHINGTON FRANK M. CAMPANA JOSHUA S. GINN LEE L. WASHINGTON MARK S. CAMPBELL JOEL P. GLEASON TERRI N. WEBB ZAKEIBA CAMPBELL ABIGAIL R. GLOVER DAVID B. WEBER CHRISTOPHER L. CAMPHOR DAVID L. GODFREY, JR. HANS J. WEBER ERIC M. CANADAY JOHN R. GOLDSWORTHY SEAN D. WEEKS WILLIAM H. CARROLL ROBERTO GOMEZ DAVID I. WEST STEPHANIE A. CARTER MELISSA N. GONTZ ADAM H. WHITE SHEILA Y. CASIANO ALEXANDER J. GONZALES PAUL R. WHITE, JR. CHRISTOPHER L. CENTER JEFF E. GORNOWICZ CARLA K. WHITLOCK ANTHONY F. CERELLA JEREMY C. GOTTSHALL TODD D. WICKARD MARCOS A. CERVANTES THOMAS E. GOYETTE JASON E. WILLIAMS THOMAS W. CHANDLER III JACOB GRABIA LINCOLN F. WILLIAMS CHRISTOPHER G. CHAPMAN ANGEL M. GRAULAU MICHAEL M. WINN DOMINIQUE R. CHATTERS ROCHESTER GREEN II ALVIN WORD IV FREDDY D. CHICAIZA WILLIAM J. GREGORY STEPHEN F. WRIGHT GEORGE W. CHILDS III ADAM W. GREIN STEVEN P. WRIGHT TRENT L. CHRISTIAN WILLIAM J. GRIFFIN D060503 BATINA B. CHURCH JEREMY A. GROOVER D070118 VICTOR J. CINTRONVELEZ ROSE A. GUERRERO D070674 NATASHA S. CLARKE DAVID G. GUIDA D070170 JOHN D. CLEMONS CHRISTOPHER M. GUILLORY D070215 TORRANCE G. CLEVELAND DION HALL D060680 CATRINA J. COLE CHRISTOPHER P. HAMMAN D060808 JASON A. COLE THOR K. HANSON D070424 JAMES I. COLLAZO MEREDITH R. HARRIS D070788 BRANTLEY J. COMBS MICHAEL J. HARRIS D060301 LINDSEY F. CONDRY TRAVIS HARRIS X1312 BRENT E. CONNER HEATH R. HAWKES X1242 NICHOLE L. CONSIGLIO THOMAS J. HEILMAN X1381 LAKICIA R. COOKE CYNTHIA P. HENDERSON JOHN E. COOPER JEFF L. HENDRICKS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK R. CORN DANIEL P. HENZIE TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRIAN D. COSTA JON A. HERMESCH UNDER TITLE 10, U.S.C., SECTION 624: SEALS T. COVINGTON JOSE HERNANDEZ To be major MATTHEW D. COX UCHE T. HEYWARD TRESA A. CRADDOLPH TIMOTHY R. HICKMAN ALLEN D. ACOSTA THOMAS U. CRARY III TONI M. HILL MICHELLE M. AGPALZA JEFF CRAWFORD MATTHEW R. HINTZ CHRISTOPHER R. AKER JAMES E. CREWS II RACHAEL M. HOAGLAND MATTHEW H. ALEXANDER BOBBY W. CROCKER NORMAN B. HODGES IV JAMES J. ALLISON JAMES L. CROCKER DEREK W. HOFFMAN ANGEL A. ALVARADO RONNIE C. CROSBY KENNETH A. HOISINGTON DOMINIC L. AMANTIAD MALENM CRUZSEGARRA CASEY J. HOLLER

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ROY K. HORIKAWA MICHAEL L. MILLIRON ARTURO ROQUE CHRISTOPHER M. HORTON RICHARD P. MILLOY JOSEPH L. ROSZKOWSKI MARK B. HOWELL JOHN D. MITCHEL ROBERT J. ROWE PAUL C. HUBBARD TOMMY MITCHEL WANDA A. ROWLEY DAVID J. HUDAK ELZIE MITCHELL CHARLES J. ROZEK LAGLENDA R. HUDSON RAFAEL O. MOLINA, JR. JOHN M. RUTHS JOEL A. HUFT THOMAS R. MONAGHAN, JR. SHAUN M. SALMON EVETTE C. HUNTER HENRY T. MONCURE II JUAN R. SANTIAGO, JR. PHILLIP H. HUNTER GREGORY MONTGOMERY ROY M. SARAVIA SCOTT R. HUSTON STEVEN L. MOON SCOTT A. SCHMIDT MICAH R. HUTCHINS JOHN P. MOORE JASON W. SCHULTZ DOUGLAS A. INGOLD PETER J. MOORE SHAWN C. SCHULZE FENICIA L. JACKSON SABRINA D. MOORE CLARISSE SCOTT IRVIN W. JACKSON JIMENEZ A. MORA JEFFREY J. SCOTT THOMAS D. JAGIELSKI JOHANNA P. MORA SHAWN M. SEFFERNICK DAVID L. JAMES MICHAEL B. MORELLA TRAVIS L. SEPT JOSEPH C. JAMES SAMUEL W. MORGAN III DERRICK N. SHAW ANGELINA H. JEFFERSON EDWARD S. MORRIS MICHAEL L. SHAW ANDRE J. JOHNSON JOHN E. MORRISON JEFF A. SHEARIN NATHAN P. JOHNSON MICHAEL D. MORRISON KEVIN P. SHILLEY SCOTT R. JOHNSON DAVID B. MOSER ALPHONSO SIMMONS, JR. APRIL M. JONES NICHOLAS C. MOSES DONNA S. SIMS BARBARA M. JONES KYLE A. MOULTON MARNY SKINDRUD BRIAN K. JONES DONYEILL A. MOZER DENNIS J. SLEVA CHRISTOPHER S. JONES SHAWN P. MUDER QUINTINA V. SMILEY CRAIG JONES JESSICA L. MURNOCK JEFFREY A. SMITH DAVID A. JONES BARRY MURRAY KEVIN L. SMITH LEANGELA D. JONES AIMEE C. MYRICK PAUL R. SMITH MATTHEW S. JONES ANNETTE L. NEAL SONYA B. SMITH RANDY F. JONES CHRISTOPHER M. NEAL WILLIAM T. SMITH TYNISA L. JONES NEAL M. NELSON CALINA M. SNYDER SAMUEL J. JUNGMAN JOHN NEMO EDGARDO SOSTRE JOVEN KABRICK ROBERT W. NEWSOM IV CESAR SOTORAMOS JEET H. KAJI PATRICE R. NICHOLS LAVERNE O. STANLEY JAMES A. KASSLER PETER D. NIENHAUS ROSHUN A. STEELE GREGORY T. KEETON MATTHEW P. NISCHWITZ GEORGE C. STEPHAN IV KEVIN K. KELLER RYAN P. NOBIS HOSIE STEPHENS III BRATCHA J. KELLUM RYAN E. OCAMPO KYLE L. STEVENS DAVID A. KELLY JEREMIAH S. OCONNOR KELLY M. STEWART JENNIFER D. KEMP SANTOSHIA S. OGGS CECIL D. STINNIE PATRICK L. KENDRICK JAMES U. OKEKE WILLIAM D. STOGNER ALI A. KHANHERNANDEZ ANGEL R. ORTIZMEDINA RICKY T. STORM MATTHEW J. KIGER MICHAEL L. OSMON ROSIER E. STRIMEL III ROBERT J. KILMER THOMAS D. PANGBORN RICHARD M. STRONG GRACE H. KIM WILLIAM J. PARKER III CHRISTOPHER R. STRUNK PATRICK L. KNIGHT SCOTT A. PARLOW BROOKE A. STULL JULIA M. KOBISKA AMITABH PARSHAD RICHARD A. STURDEVANT MATTHEW E. KOPP TERRELL D. PASLEY COURTNEY M. SUGAI JASON W. KULAKOWSKI MELONY M. PATEARNOLD ALFRED D. SULLIVAN III JOSEPH D. KURTZWEIL BRIAN M. PATNODE TERRENCE J. SULLIVAN EVERETT LACROIX THOMAS J. PATTERSON III DAVID W. SZYMKE INDERA Z. LALBACHAN TERESSA PEARSON CHRISTINE M. TAKATS CHAN D. LAM CHAD A. PEDIGO WILLIAM C. TALBERT DANIEL A. LANCASTER FRANCISCO PENA JOSEPH E. TAYLOR JAMICA L. LANGLEY GERALDO A. PERALTA STACY A. TAYLOR JOSEPH R. LANGLOIS II FELIPE PEREZ, JR. TYRON P. TAYLOR JOHN W. LANKFORD, JR. ROLANDO PEREZCRUZ REGINA I. TELLADO LARRY A. LARA MILTON PEREZMATOS GIANA W. THOMAS ANALISA M. LARKIN NERINE M. PETE JANET L. THOMAS RENANTE L. LASALA THEODORE J. PETERS RYAN B. TINCH TERRANCE R. LATSON BRIAN P. PHILLIPS LOREN D. TODD RONALD D. LAWSON TERRY A. PHILLIPS KEITH D. TOLER ANTHONY L. LEACH ADAM J. POINTS PAUL A. TOMCIK MICHAEL J. LEE JAMES A. POLAK MARK S. TOMLINSON MOSES J. LEE CORNELIUS J. POPE CHRISTY L. TORIBIO TOR A. LENOIR JEREMIAH D. POPE EDMUND A. TORRACA WAYNE L. LEONE JOHN C. POWE ISAAC M. TORRES JEFFERY T. LEWIS ANTONIO V. PRESSLEY GLIDDEN J. TORRESESTELA JOHN J. LIANG PHOEBE E. PRICE JACQUELINE J. TORRESHARVEY MICHAEL P. LILES SCOTT M. PRICE CARITA K. TOWNS JAMES A. LINDH II ROSIE L. PRICEMONTGOMERY NATHAN A. TRUSSONI STACY T. LIVELY LAKETHA D. PRIOLEAU DELORIS A. TURNER JOHN F. LOPES ROBERT A. PROCHNOW, JR. NOBLE TURNER, JR. CAROL E. LOWE GABRIEL W. PRYOR BRIAN A. ULLOA SHANE F. LUCKER SCOTT P. PUCKETT JOHN F. VANN GAVIN O. LUHER EDGARDO A. PUENTE GERALD D. VAUGHN RANDALL A. LUMMER CLAIRE E. PULLEN THOMAS A. VELAZQUEZ II BRIAN D. LUNDELL ELIZABETH S. PURA ELKE VELEZ REBEKAH S. LUST DAVID QUINTANA, JR. BRADLEY S. WAITE ANDREW J. LYNCH JENNIFER L. RADER COMANECI WALKER TOBY R. MACKALL DOUGLAS N. RALPH JEFFREY I. WALKER LUWANA L. MADISON STEPHEN D. RAMELLA BRANDON K. WALLACE MICHAEL R. MAI JONATHAN P. RAMIREZ LUELLA WALLACE DEBBIE Y. MANN ROSA RAMIREZ KEVIN J. WARD RICHARD J. MARSDEN DANIEL O. RAMOS AMANDA A. WARREN ODALIS A. MARTE MELISSA A. RAMSEY DOUGLAS R. WARREN, JR. SARAI S. MARTIN SHERDRICK S. RANKIN JESSICA R. WASHINGTON ALINA C. MARTINEZ MICHAEL S. RASCO ANDRE D. WATSONCONNELL PAUL A. MARTINEZ WILLIS D. RAWLS THERESA G. WATT JUAN C. MARTINEZBERNARD WILLIAM A. REKER KYLE B. WEAVER DANIEL S. MAY TIMOTHY M. RENAHAN MOLLY J. WEAVER CARNELL L. MAYNARD BAYARDO REYES BRADLEY J. WEIGANDT JOHN T. MCCONNELL, JR. THURMAN C. REYNOLDS MARK R. WEINSCHREIDER JEFFREY D. MCCOY WENDELL V. RHODES CHRISTOPHER E. WELD ROY W. MCDANIEL CURTIS T. RHYMER JONATHAN G. WESTFIELD NATHAN G. MCDOUGLE JOHN C. RIDER BRETT C. WHEELER JAMES M. MCGEE JOHN V. RIOS THOMAS J. WHIPPLE MARLO S. MCGINNIS JASON A. RISSLER BRIAN A. WHITE JOHN W. MCGRADY LUIS R. RIVERA DANIEL L. WHITE KENNETH W. MCGRAW ANGELICA M. RIVERADIAZ ORAL E. WHITE VINITA E. MCKOY PATRICK O. ROBERT OSHEA J. WHITE BARRY J. MCMANUS HASKELL S. ROBERTS MATTHEW P. WHITEMAN MICHAEL L. MCMASTER MAROCCO V. ROBERTS KELLY B. WHITLOW JEANETTE E. MEDINA CHRISTOPHER W. ROBERTSON ALANA R. WHITNEY LARUE J. MEEHAN, JR. RACINE W. ROBERTSON GARY D. WHITTACRE DERRICK D. MELTON SEQUANA A. ROBINSON BARRY L. WILLIAMS CAREY W. MENIFEE ROBERT K. ROC JAMAL T. WILLIAMS LUIS A. MENJIVAR MCKEAL L. RODGERS LATORRIS E. WILLIAMS JOSEPH V. MESSINA ERIC R. RODINO TERRENCE D. WILLIAMS JASON MIGLIORE ANDREA E. ROGERS THEODORE V. WILLIAMS JADE P. MILLER ANTHONY B. ROGERS JERRY D. WILLIS ROY N. MILLER CHARLES J. ROOSA GORDON P. WOODINGTON

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VerDate Sep 11 2014 12:10 Dec 12, 2017 Jkt 079102 PO 00000 Frm 00084 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S17JN9.REC S17JN9 ejoyner on DSK30MW082PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15421 HOUSE OF REPRESENTATIVES—Wednesday, June 17, 2009

The House met at 10 a.m. I pledge allegiance to the Flag of the quests for 1-minute speeches on each Rev. Dr. Bruce Hargrave, Russia-U.S. United States of America, and to the Repub- side of the aisle. lic for which it stands, one nation under God, Methodist Theological Seminary, Dal- f las, Texas, offered the following prayer: indivisible, with liberty and justice for all. O God, Who knows all things, knows f HEALTH CARE REFORM all hearts, is in control of all things ANNOUNCEMENT BY THE SPEAKER (Ms. LORETTA SANCHEZ of Cali- and Who allows each of us to have a PRO TEMPORE fornia asked and was given permission measure of power and position, we ac- to address the House for 1 minute and knowledge Your gifts to us and give The SPEAKER pro tempore. Without to revise and extend her remarks.) You thanks. We thank You for the objection, the 1-minute speech of the Ms. LORETTA SANCHEZ of Cali- bountiful blessings You have poured gentleman from Texas (Mr. HALL) will fornia. Madam Speaker, I rise today to out upon our country, its people, and appear in the RECORD at this point. commend my fellow Democratic col- each of us in this House. There was no objection. leagues for their commitment to re- O God, in these times of great chal- f forming the health care system with lenge, we confess that in a rush to get the goal of reducing costs and improv- things done we sometimes forget to HONORING DR. BRUCE HARGRAVE ing access to quality health care for all seek Your guidance and wisdom. For- Mr. HALL of Texas. Madam Speaker, I am Americans. give us, we pray. honored to introduce Dr. Bruce Hargrave, a Health care premiums are increasing We need Your wisdom, guidance and pastor and friend from my hometown— at an alarming rate; in fact, in the last direction today, and ask You to grant Rockwall, TX—who offered the Opening Pray- 10 years, they have doubled. Currently, it to each of us bountifully. er today. over $1,000 of the average American O God, lead each of us to a common Dr. Hargrave currently serves as Vice Presi- family’s annual health care premium goal of doing our best, doing the best dent of Development for the United Methodist goes to support uninsured Americans, for our fellow Americans, and doing the Theological Seminary in Moscow, Russia. and still we have over 46 million Amer- best we can to promote love for all From 2003 to 2008, he was the Associate icans who don’t have access to health mankind, peace for all mankind, and Pastor at First United Methodist Church of care, and 20 percent of them are chil- justice for all mankind. Rockwall. During his time there and with his dren. We humbly ask all of this in the help, the church increased its mission initia- I believe that we must work cre- name of Jesus Christ. Amen. tives, including developing in conjunction with atively to build on the best of what f the General Board of Higher Education & Min- works in the current system while fos- istry, the construction of the only United Meth- tering competition among private RECESS odist Seminary on the continent of Africa. His plans and providing patients with qual- The SPEAKER pro tempore (Mr. effective pastoral work over the past 38 years ity choices. CAPUANO). Pursuant to clause 12(a) of is evident in the success of the churches he We can and we must ensure that all rule I, the Chair declares the House in has led, all showing growth in membership Americans have affordable and quality recess subject to the call of the Chair. and attendance, as well as an increase in giv- health care. And I urge all of my col- Accordingly (at 10 o’clock and 7 min- ing to missions. leagues to work together towards this utes a.m.), the House stood in recess Along with his pastoral work, Dr. Hargrave goal. subject to the call of the Chair. worked for the Garland, TX, Community Hos- f pital Psychiatric and Addiction Medicine Unit f from 1993 to 1997. While there he served as CONGRATULATING THE LADY b 1325 Director of the Behavioral Medicine Clinic for EAGLES AFTER RECESS Tenet Health Corporation and Hunt County (Mr. THOMPSON of Pennsylvania Family Services in Greenville, TX, as well as asked and was given permission to ad- The recess having expired, the House Provider Relations Director and Associate dress the House for 1 minute and to re- was called to order by the Speaker pro Clinical Supervisor. vise and extend his remarks.) tempore (Ms. DEGETTE) at 1 o’clock Dr. Hargrave received a Bachelor of Mr. THOMPSON of Pennsylvania. and 25 minutes p.m. Science in Philosophy from Dallas Baptist Uni- Madam Speaker, I rise today to con- f versity. He earned his Master of Divinity in gratulate the Lady Eagles from the Pastoral Ministry from Southwestern Baptist Bald Eagle Area School District in THE JOURNAL Theological Seminary in Ft. Worth, TX, before Pennsylvania for winning the state The SPEAKER pro tempore. The completing his education at Luther-Rice Uni- championship softball title on Friday, Chair has examined the Journal of the versity in Lithonia, Georgia with a Doctorate of June 12. It was the Pennsylvania Inter- last day’s proceedings and announces Ministry in Administration. scholastic Athletic Association’s Class to the House her approval thereof. Dr. Hargrave’s faith in God is reflected in his AA title game against the Brandywine Pursuant to clause 1, rule I, the Jour- career, one which has been spent in service Heights Area School District, and both nal stands approved. to the betterment of others. I am honored to are outstanding teams. f welcome Dr. Bruce Hargrave today as our Led by pitcher Megan Shaw, the guest Chaplain in the U.S. House of Rep- Lady Eagles won by a score of 2–0 PLEDGE OF ALLEGIANCE resentatives. against the Lady Bullets in a match The SPEAKER pro tempore. Will the f where the Bullets had a better record gentleman from Indiana (Mr. VIS- with 27 wins and no losses. The Eagles’ CLOSKY) come forward and lead the ANNOUNCEMENT BY THE SPEAKER record was 23 wins and 3 losses. House in the Pledge of Allegiance. PRO TEMPORE This is a story about heart and deter- Mr. VISCLOSKY led the Pledge of Al- The SPEAKER pro tempore. The mination after the Lady Eagles lost legiance as follows: Chair will entertain up to 15 further re- last year in the state finals. They have

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.

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15422 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 won 2 years out of 4 and are fierce com- both renowned journalists, both loved gency room that cost the American petitors. Scoring runs were by Brooke by their family members. I believe it is taxpayer millions. Thirty States have Klinefelter and Taylor Parsons, with important for North Korea to be part already enacted similar legislation. help from two other hitters, Lily Glunt of the world community and imagine This bill will create a nationwide uni- and Jasa Mitchell; one bunted, and the the concerns that would be expressed form standard. second gave a base hit to bring in Par- by anyone holding a North Korean. I thank Congressman LEONARD LANCE sons. I look forward to working as a mem- and others who are cosponsoring this Coach Dave Breon can be justifiably ber of the Foreign Affairs Committee bill, and I ask our colleagues to join us. proud of these high school girls and the with the administration for the best f hard work that got them to the finals approach and ongoing continuing dis- A BETTER SOLUTION ON CLIMATE and made them state champions. Great cussions, discussing nuclear non- CHANGE LEGISLATION job, Lady Eagles. proliferation, along with the release of (Mr. DAVIS of Kentucky asked and f these two hostages. But we must make a statement and act to have the release was given permission to address the YET ANOTHER TAX ON THE of Ms. Ling and Ms. Lee, and we must House for 1 minute and to revise and PEOPLE do it now. extend his remarks.) (Mr. POE of Texas asked and was f Mr. DAVIS of Kentucky. Madam given permission to address the House Speaker, by 2035, the Heritage Founda- A RESPONSIBLE CENTRIST tion estimates that Chairman WAX- for 1 minute.) HEALTH BILL Mr. POE of Texas. Madam Speaker, MAN’s legislation will cause a 90 per- with the banner cry, ‘‘they never found (Mr. KIRK asked and was given per- cent increase in electricity rates and a a tax they didn’t like,’’ the taxacrats mission to address the House for 1 55 percent rise in residential natural want to tax energy consumption. minute and to revise and extend his re- gas prices. Experts predict that this Here’s the plan: Tax American en- marks.) will result in substantial numbers of ergy and use the tax to pay for the na- Mr. KIRK. Madam Speaker, centrists United States jobs going to countries tional health care program. In fact, in the House have put forward a health like China and India that have not Duke Energy has already asked for a care reform bill that defends your rela- adopted a national energy tax. 13.5 percent rate increase on its cus- tionship with your doctor, lowers the At a time when the national unem- tomers to pay for this new oppressive cost of insurance, and extends coverage ployment rate is soaring, approaching tax. You see, taxes on American energy to Americans who don’t have it. It is a 10 percent in the next several months, companies will be passed on to the rest better bill than the Senate bill, which and the Kentucky unemployment rate of us. And so it begins. has $1 trillion in cost. is getting dangerously high, we can’t Families and businesses are already CBO says that bill will cover 31 mil- afford to enact this legislation that struggling during these new times of lion Americans, but another 15 million will create additional hardships. change. The stimulus bill has only will lose coverage under the legisla- Energy prices are a major factor in made things worse. So the government tion, giving a net of just 16 million determining the cost of living and the is going to automatically raise the cost Americans getting coverage. At a cost cost of doing business in a particular of everything that comes from energy, of $1 trillion, that means it costs location. The fact is that Kentucky is which is almost everything. And the $62,500 per patient over 10 years. one of the lowest energy cost States in consumer pays, while our small manu- Our centrist plan covers more people the Nation and depends on electricity facturing companies go out of business at much less cost while finally guaran- produced from coal. because of these new energy taxes. And teeing the rights of your medical treat- I recently met with plant managers now we learn the new energy tax plan, ment against any government restric- and business leaders in Carroll County, which was supposed to save planet tion. Kentucky, who reiterated that the low Earth, will have little or no effect on This House is suffering trillion-dollar cost of energy in the Commonwealth the climate. Bummer. sticker shock from the Senate bill. Our was a major reason they chose to base So why punish American energy com- centrist health care reform bill is more their businesses in the county, creating panies that pass the pain on to citi- responsible and will not break the many jobs. zens? Here’s the reason: The govern- Treasury. This energy tax will drive those busi- ment economic philosophy of 2009 is: if f nesses away or out of business, losing American jobs, because it is not consid- something moves, regulate it; if it YOUNG ADULT HEALTHCARE ering the long-term economic impact, keeps moving, tax it; and if it stops COVERAGE ACT OF 2009 moving, nationalize it. let alone the lack of environmental ve- And that’s just the way it is. (Mrs. DAHLKEMPER asked and was racity. A familiar positive story that given permission to address the House we hear throughout our Common- f for 1 minute.) wealth is low energy creates jobs. b 1330 Mrs. DAHLKEMPER. Madam Speak- f er, I rise today to announce the intro- BRINGING ATTENTION TO NORTH duction of my first piece of legislation, ABC NEWS IS BECOMING OBAMA KOREAN PRISONERS EUNA LEE the Young Adult Healthcare Coverage NEWS AND LAURA LING Act of 2009, or, as I like to call it, the (Mr. BURTON of Indiana asked and (Ms. JACKSON-LEE of Texas asked young invincibles bill. I am the mother was given permission to address the and was given permission to address of five young invincibles, and this leg- House for 1 minute and to revise and the House for 1 minute and to revise islation will cover adults ages 19–29. extend his remarks.) and extend her remarks.) This bipartisan, no-cost bill provides Mr. BURTON of Indiana. Madam Ms. JACKSON-LEE of Texas. Madam these young adults with the option to Speaker, the national health care pro- Speaker, I rise today to continue to access their parents’ health insurance. gram that is advertised by the adminis- bring attention to Ms. Ling and Ms. This is important, because young tration, they estimate it will cost $1 Lee, who are being held today by North adults have the highest uninsured rate trillion just to insure one-third of the Korea. I realize that we have had over of any group in the country at 31 per- uninsured in this country. So it is the years Six-Party Talks and that en- cent. going to cost $3 trillion if you add all gagement is important. The result is extreme measures, such of those people to the health care rolls, I am not advocating war. I am advo- as borrowing leftover prescription money that we just don’t have. cating a resolution to the holding of drugs from a friend, setting their own The thing that bothers me is ABC two innocent Americans, one a mother, broken bones, or trips to the emer- News over the next week is going to be

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15423 advertising a 2-hour infomercial that is sands of Iranian citizens have taken to lationship. President Obama and many going to take place by the President at the streets on behalf of free elections congressional Democrats have been the White House in the next week. and democracy. Sadly, the response by pushing for government-run health They are doing this at the White the Iranian government has been more care. Looking at the results of govern- House. ABC is actually moving into the oppression and violence against its own ment-run plans across the world, it is a White House to advertise this for the people, deaths confirmed, hundreds of mistake we simply cannot afford. Gov- President. citizens beaten, and foreign journalists ernment-run health care will be bad for You know, the President is on tele- intimidated and banned from the doctors, bad for patients, and bad for vision every single day, and it is pretty streets. We are witnessing a the taxpayers. obvious that CBS, NBC and CNN are all Tiananmen in Tehran. That is why I introduced legislation very supportive of the President. They While I respect the fact the President to ensure that Washington bureaucrats are advocating everything he is talking of the United States has denounced the do not use comparative effectiveness about. But ABC is going overboard. violence, that he has said the research to make health care decisions They are absolutely flipping by going protestors had a right to be ‘‘heard and for you based on cost. The Doctor-Pa- to the White House and supporting and respected,’’ this administration has not tient Relationship and Research Act advertising for the President’s pro- yet expressed the unqualified support focuses on the two most important peo- gram. of the American people for those who ple in the health care system, the pa- I think this is just dead wrong. It is are courageously taking to the streets tient and their doctor. okay to be supportive of the President, on behalf of self-government and free I urge my colleagues to join me in but I don’t think ABC should become elections in Iran. protecting Americans from govern- Obama news. Yesterday, I introduced House Reso- ment-run health care. lution 549, a resolution that would give f f voice to countless Americans who want PUTTING PATIENTS AND DOCTORS CONGRATULATIONS TO our Nation to support the dissidents in IN CONTROL GEORGETOWN MILL Iran who are struggling for their own (Mr. BOUSTANY asked and was (Mr. BROWN of South Carolina asked freedom. given permission to address the House and was given permission to address The American cause is freedom. In for 1 minute and to revise and extend the House for 1 minute and to revise this cause, America must never be si- lent. I urge my colleagues to cosponsor his remarks.) and extend his remarks.) Mr. BOUSTANY. Last week, congres- Mr. BROWN of South Carolina. this important resolution and bring it to the floor this week. sional Democrats unveiled several Madam Speaker, I rise today to con- sweeping overhauls of American health f gratulate the International Paper Mill care. Each of their plans includes a in Georgetown, South Carolina, for re- UNACCEPTABLE ATTACK ON government-run bureaucracy that cently reaching a safety milestone of GOVERNOR PALIN’S DAUGHTER would put red tape between patients logging 4 million safe work hours with- (Mr. STEARNS asked and was given and their doctors. out any employees missing work due to permission to address the House for 1 I saw this firsthand as a doctor when injuries sustained on the job. minute and to revise and extend his re- patients with government-run Med- This is not an easy task with nearly marks.) icaid coverage often after heart sur- 700 employees working at the paper Mr. STEARNS. Madam Speaker, the gery had difficulties finding doctors for mill daily, and it is obvious that the late Senator Daniel Moynihan pub- follow-up care. A failure to get follow- team in Georgetown has been working lished a paper on defining deviancy up care after heart surgery is a great hard to develop new ways to down in which society lowers its stand- way to guarantee a poor quality result proactively prevent accidents. ards whereby unacceptable conduct be- for patients and higher cost for tax- ‘‘Our goal is to leave work every day comes acceptable. payers. Far too often, patients in our in the same or better condition than I recently heard from a number of my current government-run programs lack we arrived, for ourselves and for our constituents about the abusive attack real access to a doctor, leaving them families,’’ said Debbie Feck, mill man- on Governor Sarah Palin’s 14-year-old out of the system. ager. daughter. I also read about this and Today, House Republicans put for- Recently, employees at the mill im- was just as upset as they were. Gov- ward a commonsense plan to revitalize plemented a new personalized safety ernor Palin and her 14-year-old daugh- the American health care system and process focusing on people acting, car- ter had attended a Yankees game and improve quality. Our plan puts pa- ing and thinking safely, or PACTS for David Letterman told a totally inap- tients and their doctors back in control short. They see this as a great way to propriate joke about them. of their health care destiny. Our plan focus on safety, but also realize that I recall that last year, David Shuster makes health care more affordable and there is no single action that can cre- made an inappropriate comment about more accessible, with patients able to ate the ultimate safe environment, and Chelsea Clinton, the daughter of Bill see a doctor of their choice. everyone must work together to and Hillary Clinton. The president of We all agree improving our system achieve this goal. NBC apologized and suspended Shuster will make America more competitive Congratulations to the Georgetown from the network. The Palin family re- and give families peace of mind. Let’s Mill team. I speak for myself and ev- ceived a belated apology a week later. work together to put the doctor and eryone in the First District when I say I hope the host, David Letterman, re- patient back in control. we are proud of you and encourage the alizes that children should not be the f team to keep working toward those targets of sexually charged jokes. We RETURNED TARP FUNDS MUST BE safety milestones. must not allow the unacceptable to be- USED TO PAY DOWN DEFICIT f come the acceptable. f (Mr. LANCE asked and was given per- SUPPORTING DISSIDENT IRANIANS mission to address the House for 1 IN THEIR QUEST FOR FREEDOM DOCTOR-PATIENT RELATIONSHIP minute and to revise and extend his re- AND DEMOCRACY AND RESEARCH ACT marks.) (Mr. PENCE asked and was given per- (Mr. HERGER asked and was given Mr. LANCE. Madam Speaker, last mission to address the House for 1 permission to address the House for 1 week, the U.S. Department of the minute and to revise and extend his re- minute and to revise and extend his re- Treasury announced the repayment of marks.) marks.) TARP funds from 10 banks totaling Mr. PENCE. Madam Speaker, for the Mr. HERGER. Madam Speaker, I rise $68.3 billion returned to the TARP pro- fifth day in a row, hundreds of thou- today to protect the doctor-patient re- gram. The TARP repayment news is a

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15424 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 promising sign that our beleaguered fi- for the Departments of Commerce and Jus- propriations bill for fiscal year 2010, nancial system is beginning to stabilize tice, and Science, and Related Agencies for under a structured rule. and taxpayer funds are being returned. the fiscal year ending September 30, 2010, and Madam Speaker, I know it’s safe to While many of my colleagues and I for other purposes, no further general debate say that this has been a memorable ap- shall be in order. Notwithstanding clause 11 have called for these repayments to be of rule XVIII and House Resolution 544, and propriations process for both sides, and applied to help pay down the national except as provided in section 2, no further we’re only getting started on this debt, Treasury Secretary Timothy amendment shall be in order except: (1) bumpy ride. Geithner has indicated that the re- amendments numbered 3, 6, 19, 22, 25, 31, 35, Appropriation bills often generate turned funds would ‘‘free up resources’’ 41, 59, 60, 62, 63, 69, 71, 93, 96, 97, 98, 100, 102, very emotional responses on all sides, for future bailout loans. 111, 114, and 118 printed in the Congressional and this year is no different. The proc- I respectfully disagree with the Sec- Record of June 15, 2009, pursuant to clause 8 ess is time-consuming and stressful, retary’s position that these moneys of rule XVIII, which may be offered only by and my colleagues on Rules know that should be reused in the future. The re- the Member who submitted it for printing or a designee, and (2) not to exceed 10 of the fol- we were not meeting well after 1 a.m. paid taxpayer funds should only be lowing amendments if offered by the ranking this morning simply because we like used to pay down the ever-growing na- minority member of the Committee on Ap- each other’s company. tional debt. propriations or his designee: amendments The rule we rise to consider today I call on Congress to pass H.R. 2119, numbered 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, came about as a result of concern from legislation I am cosponsoring that 87, 88, 89, 90, 91, 104, 105, 106, 107, and 108 the Appropriations Committee that we would require the Treasury to apply re- printed in the Congressional Record of June were unlikely to get an agreement turned TARP funds to debt reduction. 15, 2009, pursuant to clause 8 of rule XVIII. from the minority for a set and reason- Each amendment listed in this section shall able schedule to consider these spend- f be considered as read, shall be debatable for ing bills. CONGRATULATING ROLANDO M. 10 minutes equally divided and controlled by Without such an agreement, there OCHOA ON RECEIVING HIS DOC- the proponent and an opponent, and shall not was a very real fear on our side that TOR OF BUSINESS ADMINISTRA- be subject to a demand for division of the the process could have degenerated TION question in the House or in the Committee of the Whole. All points of order against such into a drawn-out battle, jeopardizing (Mr. LINCOLN DIAZ-BALART of amendments are waived except that an our party’s commitment to getting Florida asked and was given permis- amendment may be offered only at the ap- each of the 12 appropriations bills com- sion to address the House for 1 minute propriate point in the reading. At the con- pleted on time this year. and to revise and extend his remarks.) clusion of consideration of the bill for amendment the Committee shall rise and re- At all costs, our party wanted to Mr. LINCOLN DIAZ-BALART of avoid a repeat of a disastrous 2-month Florida. I rise today to congratulate port the bill to the House with such amend- ments as may have been adopted. The pre- stalemate that shut down the govern- my friend Rolando Ochoa, vice presi- vious question shall be considered as ordered ment in 1995 and 1996. And while it’s dent and branch manager of the Sunny on the bill and amendments thereto to final sometimes tempting for the party in Isles branch of BankUnited, upon earn- passage without intervening motion except the minority to blow up the process, as ing a Doctor of Business Administra- one motion to recommit with or without in- leaders in the House, we’re determined tion from Nova Southeastern Univer- structions. to legislate in a way that seeks com- sity in South Florida. SEC. 2. The chair and ranking minority member of the Committee on Appropriations mon ground and makes everybody As part of the program, Dr. Ochoa proud. completed a grueling program of at or their designees each may offer one pro forma amendment to the bill for the purpose Moreover, we have in recent years de- least 68 credit hours in difficult dis- of debate. Such amendment may be repeated, tected a trend where more and more ciplines. Although already greatly re- but only after consideration of an amend- amendments are given to us each year spected for his career in the banking ment listed in the first section of this resolu- on appropriations bills, often for no industry, Rolando Ochoa has continued tion. other reason than political gamesman- to deepen his knowledge of business SEC. 3. The Chair may entertain a motion ship or stunts. that the Committee rise only if offered by and the banking industry. His admi- There was not a single amendment to rable pursuit of excellence in his field the chair of the Committee on Appropria- tions or his designee. The Chair may not en- this bill in fiscal year 2003, but this will be of great assistance to our South tertain a motion to strike out the enacting year we had 127 amendments filed on Florida community. words of the bill (as described in clause 9 of the bill as of the Tuesday deadline. On Saturday, Dr. Ochoa will graduate rule XVIII). That suggested to us that we were in from Nova Southeastern, having been The SPEAKER pro tempore. The gen- for what potentially could have been a granted his doctorate. It is my privi- tlewoman from New York is recognized repetitive chain of deleterious and ill- lege and honor to congratulate you, Dr. for 1 hour. considered amendments, none of which Rolando Ochoa, on this great achieve- Ms. SLAUGHTER. Madam Speaker, would have allowed us to get any closer ment. I know that your dedication to for the purpose of debate only, I yield to our goal of getting these bills com- excellence will continue to serve our the customary 30 minutes to my friend pleted and signed into law by the Presi- community well. from Florida, Mr. LINCOLN DIAZ- dent. f BALART. All time yielded during con- When it became clear this week that b 1345 sideration of the rule is for debate the minority was not ready to agree to only. a clear and firm schedule for finishing PROVIDING FOR FURTHER CONSID- GENERAL LEAVE the work on the appropriations bills, ERATION OF H.R. 2847, COM- Ms. SLAUGHTER. I ask unanimous we decided we had no alternative but MERCE, JUSTICE, SCIENCE, AND consent that all Members be given 5 to go ahead with a clear and concise RELATED AGENCIES APPROPRIA- legislative days in which to revise and plan. TIONS ACT, 2010 extend their remarks on House Resolu- Our proposal sets out a best bal- Ms. SLAUGHTER. Madam Speaker, tion 552. ancing act between doing the people’s by direction of the Committee on The SPEAKER pro tempore. Is there business and still giving both parties Rules, I call up House Resolution H. objection to the request of the gentle- ample opportunity to shape the bills Res. 552 and ask for its immediate con- woman from New York? with amendments and discussion. sideration. There was no objection. Under the schedule, we will set aside The Clerk read the resolution, as fol- Ms. SLAUGHTER. I yield myself a structured rule that provides for no lows: such time as I may consume. additional amendments, other than the H. RES. 552 Madam Speaker, H. Res. 552 provides ones previously agreed to by the Rules Resolved, That during further consideration for further consideration of H.R. 2847, Committee. Each of those amendments of the bill (H.R. 2847) making appropriations the Commerce, Justice and Science Ap- shall be debatable for 10 minutes.

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15425 I firmly believe that, given the re- required Members to pre-print their amendments that were preprinted in fusal of the minority to agree to a amendments, and that forced Members the CONGRESSIONAL RECORD. schedule for getting the work done, to submit all of the amendments that Now, under the rule that we’re con- this represents a workable compromise they conceivably thought they might sidering at this time, only 22 specific that will allow us to vote on the appro- wish to introduce, to consider, rather, amendments chosen by the majority priations bills in a timely and efficient even if they eventually did not plan to are made in order. The rule also calls way. offer them. for the Appropriations ranking minor- More importantly, it allows us to Under the previous rule, Members ity member to decide which 10 addi- move each of these appropriations bills were also barred from making germane tional earmark-related amendments in the next 6 weeks while, at the same amendments to their amendments, will be considered. So the majority is time, making progress on other crucial changes to their amendments, so Mem- bucking the decision to the minority legislation facing Congress, such as bers submitted duplicative amend- on which of their amendments they health care, climate change and sup- ments to cover all possible angles. will block. porting our troops. Members have an obligation to their The minority must now have to si- I hope my colleagues on both sides constituents to represent them on ap- lence our own Members even though it will join me this morning in supporting propriations bills and to represent the was not our decision to limit amend- this rule. interests of their communities. ments. I think that really is unfortu- I reserve the balance of my time. Now, yes, even though over 120 nate by the majority. If the majority Mr. LINCOLN DIAZ-BALART of amendments were set for debate, the wants to block amendments, they Florida. Madam Speaker, I’d like to reality, Madam Speaker, is that we should have the courage to say whose thank my friend, the distinguished never would have considered all of amendments they wish to block. gentlewoman from New York (Ms. those amendments. Members were So, Madam Speaker, I think, today, we’re witnessing a sad page in the his- SLAUGHTER) for the time. hedging their bets. They were submit- tory of this body. I think we’re wit- And I yield myself such time as I ting duplicative amendments that, in nessing a day that, without doubt, will may consume. most instances, they didn’t plan to ac- come to be regretted by the majority. Madam Speaker, I sincerely believe tually offer for debate. the majority will come to regret this I reserve the balance of my time. Mr. BURTON, for example, came be- Ms. SLAUGHTER. Madam Speaker, I decision to close down the deliberative fore the Rules Committee last night. yield 3 minutes to the gentleman from process of the House on appropriations We were there till almost 2 in the New York (Mr. HINCHEY). bills. morning, and he testified that he had Mr. HINCHEY. I want to express my Yesterday, the House passed an al- submitted a number of amendments, appreciation to Chairwoman SLAUGH- ready unorthodox rule that broke the but he only was going to ask for one of TER for yielding me this time. precedent. It was restrictive. And pur- the amendments to be actually de- Madam Speaker, I would like to com- suant to that rule, 127 amendments bated. mend Chairman MOLLOHAN for doing an were filed by Members of this House. So I ask, Madam Speaker, if the ma- outstanding job with this year’s Com- After debate on the first Republican jority really believed that the minority merce, Justice, and Science bill, and I amendment, the first one, the majority was using dilatory tactics, why did intend to vote for it and to support it decided to halt consideration of the they stop debate after the first minor- enthusiastically. I know that he had to legislation, and called an emergency ity amendment and call for an emer- make some hard choices, and I am meeting of the Rules Committee, gency Rules meeting? pleased that he was able to fund nearly which began at 10:45 p.m. last night. They should have followed the advice all of the administration’s requests, in In response to that first Republican of my colleague on the Rules Com- particular, for the National Science amendment, the majority is now bring- mittee, Mr. PERLMUTTER, and allowed Foundation. ing forth this rule that will block con- debate to continue last night and pro- However, a provision in the report sideration of most of the amendments ceeded to work through the amend- concerning materials research has just that were made in order under the pre- ments. Instead, after one minority been brought to my attention, and I vious rule proposed by the majority amendment, they halted the floor proc- am hopeful that, as this bill moves to and passed by this House. So all those ess so that the Rules Committee could conference, we might be able to address Members who followed the rule pre- meet late last night. this language. viously passed and filed their amend- Now, by the time the meeting was The basic research and fundamental ments by the deadline will be left with- over at almost 2 a.m., the House could science funded by the National Science out the chance to represent the inter- have actually considered already a Foundation are vitally important to ests of their constituents. number of the amendments, and most the future of our Nation. However, I think this rule is unjust. I think it’s likely could have agreed by unanimous there is language in the report elimi- unnecessary. I think the majority’s consent, which is the tradition on ap- nating the President’s proposed in- making a big mistake. propriations bills, to limit time on re- crease in the NSF’s Materials Research During yesterday’s late-night meet- maining amendments and the debate budget ‘‘in light of similar investments ing, the distinguished chairman of the time. in basic energy sciences,’’ allegedly, at Appropriations Committee cited the If, after debating for a reasonable the Department of Energy. large number of amendments that were amount of time, the majority sincerely It is my understanding that this may preprinted pursuant to the previous came, then, to the conclusion that the not be the case. The National Science rule as a reason for shutting down the minority was using dilatory tactics, Foundation’s Division of Materials Re- appropriations process. He went on to the majority then could have called the search funds research on the funda- cite what he considers to be his obliga- Rules Committee to seek a structured mental behavior of matter and mate- tion to move the appropriations bills rule. rials that lead to the creation of new on schedule. As a matter of fact, he materials and new technologies. In ad- was kind enough to hand out to the b 1400 dition, Materials Research supports in- members of the Rules Committee this Instead, the majority gave up after struments and facilities, including the copy of a proposed schedule. just one minority amendment and im- Cornell Electron Storage Ring and the I understand his concern. But the mediately decided to use the heavy Cornell High Energy Synchrotron reason, precisely, for the high number hand of the Rules Committee to close Source, located in New York. They are of amendments that were filed yester- down the deliberative process. So I crucial, both of them, for advancing day was because the majority had wonder if they really had any intention this scientific field. abandoned the use of the traditional at all to follow through on their initial Until this year, the Cornell facilities open appropriations rule, and they had call for Members to be allowed to offer had been funded by the NSF’s Division

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15426 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 of Physics. They are currently Ms. JACKSON-LEE of Texas. I thank the end of the school day between the transitioning to the Division of Mate- the distinguished chairwoman of the hours of 3 p.m. and 4 p.m. Further, it rials Research, which may have caused Rules Committee. costs an average of $7,136 to educate a some confusion. The President asked Madam Speaker, I rise to support the pupil in public schools while the cost of for an increase to support research and underlying rule and to indicate that we incarcerating a juvenile, in Texas development at these Cornell facilities. are in some very challenging times. alone, is a whopping $56,000. The Department of Energy does not It is important that the National In Texas, we are reaching a point have a facility comparable to Cornell’s, Science Foundation has been funded. In where we have more use for the crimi- and as far as we know, the work done particular, the Second Chance bill, nal justice system than we have for our at Cornell is the most advanced in the which I worked on with a number of education system. As we move forward, world. my colleagues, has been added to pro- I ask my colleagues to think of these I would be happy to discuss this fur- vide for the rehabilitation and for the issues. ther, and I hope that we can work to- opportunity for work for numbers of Mr. LINCOLN DIAZ-BALART of gether to clarify the report language those who are ex offenders. I raised Florida. Mr. Speaker, I yield 2 minutes on the NSF Materials Research budget some challenges. to the distinguished gentleman from so that it will not affect the work of I had intended to offer and to respond Washington (Mr. HASTINGS). these important facilities. to the shortage of the NASA funding in Mr. HASTINGS of Washington. Mr. Mr. LINCOLN DIAZ-BALART of this bill short of the President’s mark; Speaker, last evening, I was patiently Florida. Madam Speaker, I yield 2 min- but as we have had deliberations, we waiting here on the House floor to offer utes to the distinguished gentleman have realized that the Augustine report an amendment to the Commerce-Jus- from Indiana (Mr. PENCE). is coming forward. tice-Science spending bill. The Demo- Mr. PENCE. Madam Speaker, Federal I wanted to include $400 million that, cratic leadership suddenly moved to spending is out of control, and I rise in I think, would have been appropriately shut down debate and to cut off our strong opposition to this rule. deducted to provide for human space ability to represent our constituents Here are the facts: We are running a exploration, because we built the inter- and to offer ideas to improve this legis- $2 trillion Federal deficit. The second national space station—that was our lation. tranche of the TARP funding allowed genius—and we did it with our collabo- At 8 p.m. last night, the rules of the to be spent another $350 billion. The rators and with our allies. That entity House allowed me to offer my amend- stimulus bill passed earlier this year is will provide the next generation of re- ment, but this morning, under the re- over $1 trillion, including the cost of search. The only way to engage the writing of the rules, I am blocked from the debt. An omnibus bill of $400 billion international space station is to be doing so. I deeply regret this unfairness and a budget passed by this adminis- able to have the CEV vehicle and to and this hostility in letting Represent- tration and this Congress will double continue human space exploration; but atives—Members of Congress—come to the national debt in 5 years and will the resolve in the report language spe- the House floor for just 5 minutes and triple it in 10. cifically notes that this does not dis- offer amendments to a bill that spends Now comes the first spending bill to allow the addition of those dollars as $64 billion. the floor for Commerce-Justice-Science we make our way through this legisla- The amendment that I am blocked with an 11.7 percent increase in Federal tion and to the conference committee. from offering, frankly, is very simple. spending. Republicans offered about 100 The Augustine report will come for- It would restore the Pacific Coastal amendments which were designed to ward, and I hope that will not be a Salmon Recovery Fund that has re- cut Federal spending and to restore fis- challenge, for it will be, in essence, an ceived strong bipartisan support for cal discipline to this very first bill. abandonment of a future that helps to years and is an existing program but After 30 minutes of debate on the employ people and to create jobs. We which this bill has explicitly elimi- first amendment that was offered, the know that 11 million visitors have gone nated. The Pacific Coastal Salmon Re- majority cut off debate. The Democrats through Johnson Space Center alone, covery Fund is a successful grants-to- in this Congress apparently believe the in Houston, Texas. As a 12-year former States program used to help recover Republican amendments to cut run- member of the Science Committee, and to conserve endangered, threat- away Federal spending would take too having worked on safety issues dealing ened, at-risk, and important tribal much time. Apparently, the majority with the international space station, I salmon runs on the Pacific coast. can’t spend our money fast enough. know the value of human spaceflight In April, President Obama proposed The truth is this was an outrageous and of that space station. in his budget to eliminate this fund abuse of the legislative process, but I also would have added language to and to transfer the funds to another this debate is not about process. This restore the President’s authority to fund. From the Northwest, the reaction debate is about runaway Federal spend- close Guantanamo Bay. I know that we was bipartisan and very swift. The suc- ing, and the American people have had are looking at that in a way that some cess of this long-standing program was enough of it. agree with and that some don’t. I be- so compelling that the Obama adminis- Republicans in Congress believe that lieve the language that prohibits that tration reversed its course, to their Congress has time to get it right. We is language that, hopefully, we will credit, and sent a letter to Congress, believe this Congress should take the consider as we make it through and seeking to restore the funds to this re- time necessary to debate and to restore that the President provides all of the covery plan. My amendment, which I fiscal discipline to our Federal budget. information that Congress wants them am now blocked from offering on this Today, beginning at this very hour, we to have. floor, would simply adopt the Obama will stand up for the American people, Then I want to at least place in the administration’s position. for their right to have a budget that re- RECORD the interests of continuing to So, Mr. Speaker, I regret this unprec- flects the same discipline and sacrifice work with our juveniles who are en- edented rule restricting House debate, that every American family and that gaged in violent juvenile crimes. We and this successful endangered salmon every small business are making dur- have seen the loss of life in many of recovery program will suffer for it. The ing these difficult times. our major cities, and I had an amend- House action to eliminate this plan, I urge my colleagues to oppose this ment that would have provided for $20 frankly, will make it much more dif- rule and to take a stand against run- million from the Federal Bureau of ficult for the Senate to deal with in the away Federal spending—beginning Prisons’ construction programs, re- other body. here, beginning now. directing those funds to youth men- This amendment is very simple. It would re- Ms. SLAUGHTER. Madam Speaker, I toring and to delinquency programs, store the Pacific Coastal Salmon Recovery yield 3 minutes to the gentlewoman recognizing that violent crimes by ju- Fund that is eliminated in the bill and Com- from Texas (Ms. JACKSON-LEE). veniles largely take place right after mittee report.

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 9920 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15427 The Recovery Fund is a long-standing, suc- expenses associated with the restoration of Mr. LINCOLN DIAZ-BALART of cessful grants-to-states program used to help Pacific salmon populations, $50,000,000 to re- Florida. Mr. Speaker, I yield 2 minutes recover and conserve endangered, threat- main available until September 30, 2010: Pro- to the distinguished ranking member vided further, That of the funds provided of the Appropriations subcommittee ened, at-risk and important tribal salmon runs herein the Secretary of Commerce may issue (Mr. WOLF). on the Pacific Coast, or for the conservation of grants to the States of Washington, Oregon, Pacific coastal salmon and steelhead habitat. Idaho, California, and Alaska and Federally- Mr. WOLF. Mr. Speaker, I have a The Fund delivers grants directly to states recognized tribes of the Columbia River and chart showing that this country is to be administered. Pacific Coast for projects necessary for res- pretty much facing bankruptcy. We For years, it has received strong bipartisan toration of salmon and steelhead populations have $11 trillion of debt. Traditionally, support. that are listed as threatened or endangered, it has been the practice around here, However, in April, President Obama sub- or identified by a State as at-risk to be so- whether Republican or Democrat, to mitted in his budget request to Congress, a listed, for maintaining populations nec- have open rules whereby Members can proposal that eliminated the Pacific Coastal essary for exercise of tribal treaty fishing offer amendments regarding whatever Salmon Recovery Fund, and transferred a re- rights or native subsistence fishing, or for they see fit. conservation of Pacific coastal salmon and duced amount of funding to a much broader The American people realize that steelhead habitat, based on guidelines to be we’re living in trying economic times, nationwide species recovery grant program. developed by the Secretary of Commerce: From the Pacific Northwest, the reaction Provided further, That funds disbursed to and rightfully, they expect their elect- and opposition to this proposed elimination States shall be subject to a matching re- ed officials to evaluate different spend- was swift, bipartisan, loud and clear. quirement of funds or documented in-kind ing programs to see whether they The success of this decade-long grant pro- contributions of at least 33 percent of the should be for them or against them. If gram was so compelling, and the efforts of the Federal funds:’’. we cannot even come up with a fair Northwest congressional delegation were so process to debate annual spending bills, persuasive, that the Obama Administration ac- THE WHITE HOUSE, there is very little hope. There is very Washington, DC, May 21, 2009. tually reversed course. little hope, there is very little hope for Hon. NANCY PELOSI On May 21st, President Obama sent a letter this country to deal with this. Speaker of the House of Representatives, There is $56 trillion of debt. There is to Speaker PELOSI amending his April submis- Washington, DC. sion to specifically request that ‘‘$50 million $11 trillion owed to the Chinese and to DEAR MADAM SPEAKER: I ask the Congress the Saudis. The bankruptcy system is shall be transferred to ‘Pacific Coastal Salmon to consider the enclosed Fiscal Year 2010 Recovery’.’’ coming. Budget amendments for the Departments of We should go back to the Rules Com- Credit is due to the Obama Administration Commerce, Defense, Education, Health and mittee and report out the original bill for abandoning their elimination proposal and Human Services, Homeland Security, Jus- to allow any Member to offer any clearly expressing their support for this pro- tice, and State and Other International Pro- amendment. Otherwise, what you’re gram. I thank them and the people of the Pa- grams, as well as the District of Columbia. going to do to this process—and I’ve cific Northwest thank them. Also included are amendments to general Yet, the annual appropriations bill currently provisions included in Title VI of the Finan- been here for a few years—is radicalize cial Services and General Government Ap- it whereby nobody will feel they have before the House proposes to actually follow propriations Act, 2009. These amendments any investment in this bill. through with eliminating the Pacific Coastal would not affect the totals in my FY 2010 So I urge the defeat of this bill. Send Salmon Recovery Fund. Budget. it back. Have an open bill whereby any As this bill and Committee report are writ- In addition, this transmittal contains an Member, Republican or Democrat, can ten, the Fund is specifically and explicitly FY 2010 amendment for the Legislative offer any amendments they want to. eliminated and money is moved to a vague, Branch. As a matter of comity and per tradi- tion, this appropriations request for the Leg- Otherwise, we will never resolve this broad, nationwide recovery program. Monies issue of $11 trillion, and the next time in this vague, new program will go to ‘‘salmon islative Branch is transmitted without change. we come here, it will be $12 trillion. projects’’. The details of these requests are set forth Ms. SLAUGHTER. Mr. Speaker, I Gone is the Fund, its direct grants to states, in the enclosed letter from the Director of continue to reserve the balance of my its requirement of matching funds, its empha- the Office of Management and Budget. time. sis on endangered salmon and runs important Sincerely, Mr. LINCOLN DIAZ-BALART of to Northwest tribes. BARACK OBAMA. Florida. Mr. Speaker, I yield 3 minutes In its place, this bill provides less money, di- Enclosure. to the distinguished gentleman from Il- lutes it to any project of any sort for salmon Agency: Department of Commerce linois (Mr. SCHOCK). anywhere in the country, and lets NOAA rath- Bureau: National Oceanic and Atmospheric Mr. SCHOCK. Mr. Speaker, last er than states decide how it is spent. Administration night, I offered a simple amendment to My amendment would restore the Pacific Heading: Operations, Research, and Facili- ties study the economic impact of this Coastal Salmon Recovery Fund as it has long body’s delaying the enactment of the existed and direct funds to the traditionally FY 2010 Budget Appendix Page: 214–215 FY 2010 Pending Request: $3,087,537,000 Colombia Free Trade Agreement. While funded states. Proposed Amendment: Language the majority accepted my amendment, The text of my amendment copies the lan- Revised Request: $3,087,537,000 it was clear that my amendment would guage of the 2009 Omnibus Appropriations bill (In the appropriations language under the not be included in the final version of that passed in March of this year. Just three above heading, add the following to the first the bill. As such, I requested a recorded months ago, this House and this Congress ap- paragraph directly before the ending period:) vote as is my right as a Member of the : Provided further, That of the amounts pro- proved this same text. House of Representatives. My amendment would keep funding at the vided herein, $61,000,000 shall be available for same level singled out for ‘‘salmon projects’’ in Species Recovery Grants for the conservation b 1415 the bill, $50 million, but it makes certain the and recovery of threatened or endangered ma- rine species, of which $50,000,000 shall be trans- This right was then denied to me by funds are administered through the Pacific ferred to ‘‘Pacific Coastal Salmon Recovery’’ the majority. Coastal Salmon Recovery Fund, which is the This amendment would clarify that fund- This goes directly against what the official position and request of the Obama Ad- ing for Pacific salmon recovery is included Speaker said in her ‘‘New Direction for ministration. in the sums made available for the new Spe- America’’, and I quote: ‘‘Every person To object to this amendment would be to in- cies Recovery Grant program. The proposed in America has a right to have his or sist on the first Obama budget’s vague, diluted Budget totals would not be affected by this her voice heard. No Member of Con- salmon funding proposal that has been so amendment transferring funds to the ‘‘Pa- gress should be silenced on the floor.’’ loudly, soundly, and rightly rejected. cific Coastal Salmon Recovery’’ account. I had an issue that I thought should AMENDMENT TO H.R. 2847, AS REPORTED Ms. SLAUGHTER. Mr. Speaker, I be included in the bill, and I have a OFFERED BY MR. HASTINGS OF WASHINGTON don’t have anymore speakers present right to try to amend the bill to in- Page 14, line 3, after the colon insert the on the floor, so I will reserve the bal- clude this provision. I followed the ma- following: ‘‘Provided further, For necessary ance of my time. jority’s requirements, jumped through

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15428 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 all of their new hoops to offer this Ms. SLAUGHTER. Mr. Speaker, I re- late a sense of restraint. We are hear- amendment. I followed all of the rules, serve the balance of my time. ing from our constituents who are in- yet was denied not because of proce- Mr. LINCOLN DIAZ-BALART of credibly concerned about the pace of dure, not because of decorum, and not Florida. Mr. Speaker, I yield 2 minutes spending. And yet the speed bumps even because my amendment lost the to the distinguished gentleman from that we offered have been completely vote. Rather, I was denied by the ma- New York (Mr. LEE). flattened out. jority because they didn’t want their Mr. LEE of New York. I thank the I offered an amendment which would Members to have to take a stand. gentleman from Florida for yielding. have said, look, the Speaker of the Now, I come from the great State of Mr. Speaker, I rise to strongly oppose House recently accused people of com- Illinois. I love my State, the Land of this rule. I was here on the floor last mitting a Federal crime, a crime that Lincoln, the home of Obama. My State night and waiting to offer an amend- is punishable, if true, by 5 years in is also home to George Ryan, a Gov- ment to the pending appropriations bill prison. The amendment that I offered ernor who is now in prison; Governor that would give Congress the oppor- that met the previously articulated Blagojevich, a man who is on his way; tunity to take a step towards restoring preprinting requirement would have and a State that’s home to machine- fiscal reality in Washington. Unfortu- said we’re going to allocate money to style politics. I see this body headed in nately, the moments before my amend- the Department of Justice to inves- the same direction. ment was to be considered, the House tigate this accusation of a Federal What happened here last night was a was shut down and, with it, the ability crime. And yet what does the majority clear step in the wrong direction. The to have sorely needed debate about the do late at night in the wee hours when majority has shut us out of one of the need for belt tightening. nobody’s watching? Being completely Ironically, not long before that, I was last rights of the minority, the ability intimidated by an open and robust de- holding a telephone town hall meeting to offer amendments to appropriations bate. with residents throughout western New bills. The majority now has even con- This rule is really an incredible dis- York, and one of the questions I re- tinued this trend in the rule by dis- appointment. I think it’s an incredible ceived was about whether I was dis- allowing several noncontroversial insult, frankly, to the American public heartened with the process in Wash- amendments, a second of which I of- that wants to talk about spending and ington. And my response was that after fered that would have added more fund- is weary of the attitude that has come 5 months in Congress, I was frustrated ing to the Minority Business Develop- through from the majority. mostly with the way in which Wash- ment Agency, an agency which under We know what we need to do. We ington continues to spend taxpayer the current bill will see a funding de- need to stand up for the American tax- dollars freely without any under- crease over what the House Appropria- payer, stand up for our children, stand standing of how the middle class lives tions Committee approved last year. up for our grandchildren, who are being Mr. Speaker, I ask the majority this: in these difficult economic times and saddled with a legacy of debt, and vote With a 40-seat majority, what do they how we will ever pay back this exorbi- against this rule. tant amount of debt. fear in an open arena in the competi- Ms. SLAUGHTER. Mr. Speaker, I tion of ideas? What do they fear with My amendment and those offered by continue to reserve the balance of my letting a good idea stand the test of my colleagues presented a valuable op- portunity to turn back the page on the time. time, allow a hearing, allow debate, Mr. LINCOLN DIAZ-BALART of and allow their Members to vote them excessive spending and work on a bi- Florida. Mr. Speaker, at this time I up or down? With a 40-seat majority, partisan basis to identify ways to make yield 1 minute to the distinguished Re- partisan amendments, amendments Washington do more with less. These publican leader, Mr. BOEHNER. that really have no substance, would spending bills call for across-the-board Mr. BOEHNER. Let me thank my clearly die on a partisan vote. But increases in already bloated Federal colleague for yielding and remind my those amendments that carry value, programs while workers and businesses colleagues that the Constitution pro- those amendments that will stand the in my district struggle to figure out vides that the Congress of the United test of time, and those amendments how they are going to get by on less States shall determine spending. The that are right for the American people, and, in too many cases, far less than Constitution of the United States also Independents, Republicans, and Demo- they are used to having. Our constitu- empowers our citizens to send their crats alike, will pass this body and ents who are struggling to make ends elected representative to Washington should be allowed a vote. meet deserve better. Now, the majority last night argued I urge my colleagues to vote down to represent them, and collectively we that we were dilatory. I would argue it this rule so we can have a truly open represent the American people. was democracy. Twenty minutes on an discussion of the shared sacrifices re- If you think about where we’ve been amendment is hardly dilatory. With 120 quired to put our Nation’s fiscal house this year, we had the nearly trillion amendments the worst-case scenario, in order. dollar stimulus plan, when you look at Mr. Speaker, would be four 10-hour Ms. SLAUGHTER. Mr. Speaker, I the interest that’s going to be paid on days. continue to reserve the balance of my it. We had the over $400 billion omnibus The SPEAKER pro tempore (Mr. time. appropriation bill that had 9,000 ear- ROSS). The time of the gentleman has Mr. LINCOLN DIAZ-BALART of marks in it. We had a budget that came expired. Florida. Mr. Speaker, I yield 2 minutes through here that has trillion dollar Mr. LINCOLN DIAZ-BALART of to the distinguished gentleman from Il- deficits for as far as the eye can see. Florida. I yield the gentleman an addi- linois (Mr. ROSKAM). We bailed out Wall Street. We’ve bailed tional 30 seconds. Mr. ROSKAM. I thank the gentleman out the auto companies. And we’re Mr. SCHOCK. Is four 10-hour days too for yielding. spending money and racking up debt at much to debate $64 billion of American Mr. Speaker, you know, watching the record levels. taxpayer dollars? attitude and really this spending ad- So here we are. We are starting the We’ve seen the waste created by the venture that the majority has taken on annual appropriations process, 12 ap- haste of this body, of the happy spend- really reminds me of somebody that’s propriation bills that will spend nearly ing majority that this body has, with paving a highway, and what they have $1.5 trillion that we do not have, $1.5 the stimulus bill, the overbloated om- done is they want to completely flatten trillion that we’re going to have to go nibus bill, and now this bill, which out any opposition to really runaway borrow from the American people and seeks to increase spending by over 12 Federal spending, just absolutely no re- further imprison our kids and percent. straining influence whatsoever, Mr. grandkids. I urge a ‘‘no’’ vote on this rule to Speaker. And you would think that as we are allow democracy to continue in this So here you have a group of House debating the spending of this $1.5 tril- body. Republicans who are trying to articu- lion that the majority would do as it

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15429 has done for most of our history and Mr. GOODLATTE. Mr. Speaker, it’s tries, Afghanistan, for attacking our allow for an open debate, allow for a not surprising to me that the chairman troops and being detained. Miranda process that protects the franchise of of the Rules Committee continues to rights—You have the right to remain each Member of this body. But, no, we reserve her time and that there are few silent. You have a right to a lawyer. couldn’t do that. Democrats who have come down to the It’s happening now. And the worst part There were conversations over the floor to defend this terrible rule or this of this is that even the majority wasn’t last couple of weeks about how to limit embarrassing bill that the rule brings briefed or, if they were, they’re not this process, and I made it clear to the to the floor. talking about it. We have one oppor- majority leader and to the chairman of It’s a disgrace what happened last tunity to stand up today and say, the Appropriations Committee that I night. After only a few minutes of de- Enough. You can’t criminalize the bat- wasn’t going to agree to limit the abil- bate, legitimate debate on legitimate tlefield. ity of Members to participate in this amendments, the majority moves to process as we try to control spending rise, goes back to the Rules Com- We have FBI agents who, after our in this body. I made it very clear to mittee, and writes a rule that slams soldiers picked them up and after try- Mr. OBEY and to Mr. HOYER that we down more than 80 Republican amend- ing to kill members of the 82d Airborne would work with them in an open proc- ments, a number of Democratic amend- or the 101st or our Marines, take them ess to facilitate it, to try to maximize ments too, but far more Republican to the detention facility, and they read the number of bills that could be fin- amendments, without any consider- them their rights. They’re non-United ished before the August recess. But ap- ation whatsoever. We have heard from States citizens. They’re foreigners. We parently that wasn’t good enough. So some of those speakers here just in the just wanted the opportunity to tell we came up with this convoluted proc- last few minutes, people who had good, America, We think that’s crazy. You’re ess where we were going to require sound amendments to offer. going to tell a terrorist who just came Members to preprint their amend- But I would like to talk about the off the battlefield that you have the ments. And all that did was to drive up overall bill. That’s my concern. This right to remain silent. How much in- the number of amendments, most of bill spends $64.31 billion, an 11.7 percent formation will they not give that which probably were never going to be increase. Now, where is that money might save the life of one of our sol- offered. coming from? Every penny of that in- diers in Afghanistan today? And the But the real point here is that there crease is going to be borrowed. In fact, biggest travesty today is, you never is a serious issue about how much the budget that the Democrats adopted gave us the opportunity to talk about spending and how much debt is piling for this coming year that this appro- it, to move the issue forward. up on the backs of the American peo- priations bill is a part of spends $1.2 ple. Members on both sides of the aisle trillion more than is coming in in reve- We’ve had about three different opin- want to have a real debate about how nues; $3.6 trillion in expenditures, $2.4 ions from this administration on if much spending is enough and, if we are trillion in revenues coming in—a $1.2 they are or are not doing it. Well, I can going to spend, what is the appropriate trillion deficit in 1 year. tell you—I’ve been there, and I’ve seen way to spend. Until this year we have never had a it. Our soldiers are going to get frus- You know, the American people sent single year in our Nation’s history trated. I know our FBI agents are frus- us here and they gave us the world’s where we have had more than a $500 trated. Our law enforcement commu- most expensive credit card. I would billion deficit, and $500 billion is a nity is frustrated. And the best you can also describe it as the most dangerous staggering amount of money. And yet do is say, Debate is inconvenient for us credit card in the history of the world. the budget they just adopted for the today, and some things are just better It’s a voting card for a Member of Con- next 10 years, every single year it ex- left unsaid, like the billions of dollars gress. And our constituents expect us ceeds $550 billion, rising until at the in this bill that spends too much to use this responsibly on their behalf. end of the 10 years about $700 billion. money, money that we don’t have, that And I can tell you that most of my col- Year after year after year, doubling we’re going to have to borrow from the leagues on this side of the aisle believe our national debt and putting our Chinese or the Russians or the Saudis. that the majority is using this card country in great jeopardy. Or the fact that we look those soldiers recklessly to build up deficits and to b 1430 in the eye and say, We can’t even have build up debt to record levels. The the opportunity to talk about it on the People don’t even know what $1 tril- amount of debt and the amount of floor of the House. spending is going to imprison our kids lion is. and our grandkids, and all we want to The SPEAKER pro tempore. The Ms. SLAUGHTER. Mr. Speaker, I do is to have an opportunity to debate time of the gentleman has expired. yield 4 minutes to the gentleman from just how much spending is enough. Mr. GOODLATTE. I urge my col- New York (Mr. HINCHEY). That’s what we’re asking for. But to leagues to reject this rule and bring Mr. HINCHEY. Mr. Speaker, I can’t deny us our rights protected under the back the bill so that we can adjust and say how much I’ve been amused by the Constitution denies the American peo- cut spending. statements that we have heard from ple their chance to say how much Ms. SLAUGHTER. I reserve the bal- our dear friends across the aisle. They spending is enough. ance of my time. know very well what kind of economic I would ask my colleagues on both Mr. LINCOLN DIAZ-BALART of circumstances this country is in. They sides of the aisle, let’s do the right Florida. Mr. Speaker, I yield 2 minutes know very well that this administra- thing. Let’s defeat this resolution to the distinguished gentleman from tion and this Congress inherited one of that’s in front of us that will restrict Michigan (Mr. ROGERS). the largest national debts in the his- the rights of all Members, and if we can Mr. ROGERS of Michigan. Mr. tory of our country from the previous Speaker, I can’t tell you how dis- defeat this resolution, we can go to a administration and from their 12 years appointed I am with the majority for process that can work in a bipartisan in Congress. And they are, amusingly, not allowing a fair and free debate on way to address the needs of Members fighting to prevent us from trying to some very important issues. Obviously on both sides of the aisle, and we can overcome the circumstances that they this bill spends too much money. It has do it in a bipartisan way. Vote ‘‘no.’’ have brought about and that we have Ms. SLAUGHTER. Mr. Speaker, I re- earmarks that have never been vetted. to deal with. serve the balance of my time. But we brought other issues of equal Mr. LINCOLN DIAZ-BALART of importance, things that the American Yes, we have to deal with this huge Florida. Mr. Speaker, I yield 2 minutes people deserve to hear. I had an amend- economic problem, and we are dealing to the distinguished gentleman from ment. It says we need to stop with it. We’re dealing with it by invest- Virginia (Mr. GOODLATTE). Mirandizing terrorists in foreign coun- ing money in the internal needs of this

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15430 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 country, by bringing about better sys- Mr. LAMBORN. I thank the gen- I would like to yield the balance of tems of education and health care, cre- tleman. my time to the Chairwoman of the ating new technologies and new indus- I rise today to oppose H.R. 2847, a bill Rules Committee as to whether she tries and huge numbers of jobs as a re- that could use taxpayer dollars for a agrees that taxpayers dollars can be sult of those investments, all of which purpose the American people are ada- used to fund Monuments to Me after they are opposed to. mantly against, housing Guantanamo sitting Members of Congress; and if she You have to ask yourself, why would detainees in Federal prisons in the does not agree with that, why my they be opposed to someone else trying United States. amendment was blocked when it has to correct the problems that they initi- In a May Gallup poll, 65 percent of been ruled in order twice before. ated? Well, I think the answer to that Americans were opposed to closing The SPEAKER pro tempore. The is very clear. They would like to see Guantanamo. Further, 74 percent of time of the gentleman has expired. the efforts to correct these problems Americans opposed moving them to Ms. SLAUGHTER. I reserve the bal- stopped over the course of the next their own State. This bill leaves open ance of my time. couple of years, and they would be then the possibility for the Bureau of Pris- Mr. LINCOLN DIAZ-BALART of able to say that what we have tried to ons to use taxpayer dollars to house Florida. Mr. Speaker, in closing, I will do was not successful. They wouldn’t Guantanamo detainees in our commu- be asking for a ‘‘no’’ vote on the pre- admit that they stopped it if they were nities in direct contradiction to the vious question so that we can amend able to do it, but that’s exactly what will of the American people. this rule and allow an open rule con- they were trying to do. The amendment that I wanted to sistent with tradition and with fair- They’re trying to prevent intelligent submit, before the Democrats in the ness. economic investment in the internal Rules Committee issued their gag I urge my colleagues to consider needs of the American people. They’re order, specified that none of the funds what we are about to do and to vote trying to stop intelligent internal in- appropriated by this act may be used ‘‘no’’ on the previous question so that vestments in the economy of our coun- by the Bureau of Prisons to incarcerate we can uphold our tradition of allowing try. They’re trying to stop the creation individuals currently held in Guanta- free and open debate on appropriations of new jobs. They’re trying to stop the namo Bay. Mr. Speaker, these detain- bills. upgrading of the quality of the infra- ees are not convicted criminals repay- Mr. Speaker, I believe if not, the ma- structure of our Nation. They’re trying ing their debt to society but rather the jority will come to regret this decision to stop improvements in education. most dangerous people on the face of and close down the deliberative process They’re trying to stop improvements the planet, terrorists who will stop at in health care, all of which they had of the House on appropriations bills. nothing to kill any and all Americans I ask unanimous consent to insert the responsibility for bringing about that they can. We cannot allow tax- the text of the amendment and extra- over the course of the last 8 years. payer dollars to be spent bringing these neous materials immediately prior to So that’s the situation that we’re terrorists to live among the civilians the vote on the previous question. dealing with. This particular bill is a they have sworn to destroy. Also, our The SPEAKER pro tempore. Is there very strong investment in the internal prisons are already at capacity. In my objection to the request of the gen- needs of America. They want to halt it Colorado district, Supermax Federal tleman from Florida? as much as they can, drag it out as prison is at 99.7 percent capacity, leav- There was no objection. long as possible; and if they were suc- ing room for only one additional in- Mr. LINCOLN DIAZ-BALART of cessful with this appropriations bill, mate, yet there are 226 prisoners now Florida. Again, I ask for a ‘‘no’’ vote on then they would try to do the same at Guantanamo. Other maximum secu- the previous question so that we can thing with every single other appro- rity facilities in the U.S. are, likewise, uphold the tradition of openness on ap- priations bill, the appropriations that operating at 55 percent above capacity. the people of America need and need The fact is, we do not have the capa- propriations bills and fairness. badly as a result of the huge debt that bility to house terrorists on our own I yield back the balance of my time. they brought about and what we are soil without endangering prison em- Ms. SLAUGHTER. Mr. Speaker, I trying to overcome. And we will over- ployees and posing a risk to the com- urge a ‘‘yes’’ vote on the previous ques- come it. We will overcome it in large munities in which they are sent. The tion and the rule. measure with some of the things that President simply does not have a plan. Mr. DREIER. Mr. Speaker, whether Mem- have been done: the economic stimula- It is unfortunate that my Democratic bers realize it or not, we are at an inflection tion bill, which they were opposed to, colleagues do not want to debate this point in history, maybe not the history that which is having a very positive effect vital issue. I urge my colleagues to de- school kids will learn about, but the important on the economy in this country; and feat this bill. history of this institution that supports every furthermore, the economic stimulation Ms. SLAUGHTER. I reserve the bal- aspect of our democracy. that will occur in each one of these ap- ance of my time. Future Members of the House will look back propriations bills. Mr. LINCOLN DIAZ-BALART of on this day, and realize that today is when the So that is basically the situation Florida. Mr. Speaker, I yield 1 minute last bastion of unbridled participation fell to the that we’re dealing with here, and that to the distinguished gentleman from demands of a cynical and tyrannical majority. is why we have to have this rule and Texas (Mr. MCCAUL). There are certain points in the House’s his- this bill, because of the needs of our Mr. MCCAUL. I thank the gentleman. tory that Member’s know by name or ref- country and because of the intelligent, ‘‘Every person in America has a right erence. Events such as Cannon’s revolt where reasonable and effective way in which to have his or her voice heard. No 100 years ago a group of progressive, bull- we are addressing those needs. Member of Congress should be silenced moose Republicans, joined with Democrats to ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE on the floor.’’ ‘‘Bills should generally say enough is enough, to Speaker Joe Can- The SPEAKER pro tempore. The come to the floor under a procedure non. The famous Civil Rights revolt during the Chair will remind all persons in the that allows open, full and fair debate, Johnson Administration, where obstructionist gallery that they are here as guests of consisting of a full amendment process Southern Democrats on the Rules Committee the House and that any manifestation that grants the minority the right were supplanted in order to advance civil of approval or disapproval of pro- offer its alternatives.’’ Speaker PELOSI, rights. ceedings or other audible conversation A New Direction for America. The question is, will this be one of those is in violation of the rules of the This right has been denied. This is days where where historians will say, ‘‘This is House. not a new direction. It is a wrong direc- where democracy prevailed against tyranny,’’ Mr. LINCOLN DIAZ-BALART of tion. My amendment would block tax- or will we take the easy road of limiting partici- Florida. I yield 2 minutes to the distin- payer dollars from being used for pation to a privileged few? guished gentleman from Colorado (Mr. monuments to be named after sitting Mr. Speaker, I have a message for my col- LAMBORN). Members of Congress. leagues: each of us must think very carefully

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 9920 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15431 about this vote, because once we go down the moment, to offer an alternative plan. It The SPEAKER pro tempore. Pursu- this road, we aren’t coming back. is a vote about what the House should be de- ant to clause 9 of rule XX, the Chair That means if you’re DENNIS KUCINICH, and bating. will reduce to 5 minutes the minimum Mr. Clarence Cannon’s Precedents of the you believe that your country is fighting an un- House of Representatives, (VI, 308–311) de- time for any electronic vote on the just war, you’re going to be silenced in the scribes the vote on the previous question on question of adoption. months and years to come. the rule as ‘‘a motion to direct or control the The vote was taken by electronic de- If you’re JEFF FLAKE, and you are fighting consideration of the subject before the House vice, and there were—yeas 238, nays every day against what you see as corruption being made by the Member in charge.’’ To 180, not voting 15, as follows: and wanton spending, you are going to be defeat the previous question is to give the gagged going forward. opposition a chance to decide the subject be- [Roll No. 351] If you’re DEVIN NUNES, and you’re fighting to fore the House. Cannon cites the Speaker’s YEAS—238 make sure your farmers have water to grow ruling of January 13, 1920, to the effect that ‘‘the refusal of the House to sustain the de- crops, you are out of luck. Abercrombie Griffith Ortiz mand for the previous question passes the Ackerman Grijalva Pallone If you’re MARCY KAPTUR, and you’re pro- control of the resolution to the opposition’’ Altmire Gutierrez Pascrell moting the interests of labor unions, get ready in order to offer an amendment. On March Andrews Hall (NY) Pastor (AZ) for a long winter. 15, 1909, a member of the majority party of- Baca Halvorson Payne Baird Hare I don’t agree with most of those Members, fered a rule resolution. The House defeated Perlmutter Baldwin Hastings (FL) Peters the previous question and a member of the but for this institution to work, they need to Barrow Heinrich Peterson have a voice. This rule deprives them—and opposition rose to a parliamentary inquiry, Bean Herseth Sandlin Pingree (ME) their constituents—of that voice. asking who was entitled to recognition. Becerra Higgins Polis (CO) This rule concentrates power in the hands Speaker Joseph G. Cannon (R-Illinois) said: Berkley Himes Pomeroy ‘‘The previous question having been refused, Berman Hinchey Price (NC) of DAVID OBEY and NANCY PELOSI. They get to the gentleman from New York, Mr. Fitz- Berry Hinojosa Quigley Bishop (GA) Hirono decide who offers what and when. And my gerald, who had asked the gentleman to Rahall colleagues better hope that they never dis- Bishop (NY) Hodes Rangel yield to him for an amendment, is entitled to Blumenauer Holden Reyes agree with the majority leadership, or they will the first recognition.’’ Boccieri Holt Richardson Because the vote today may look bad for Boren Honda find themselves relegated to the sidelines, just Rodriguez the Democratic majority they will say ‘‘the Boswell Hoyer as we do with this rule. Ross Boucher Inslee The material previously referred to vote on the previous question is simply a Rothman (NJ) Boyd Israel by Mr. LINCOLN DIAZ-BALART of Florida vote on whether to proceed to an immediate Roybal-Allard vote on adopting the resolution . . . [and] Brady (PA) Jackson (IL) is as follows: Braley (IA) Jackson-Lee Ruppersberger has no substantive legislative or policy im- Brown, Corrine (TX) Rush AMENDMENT TO H. RES. 552 OFFERED BY MR. plications whatsoever.’’ But that is not what Butterfield Johnson (GA) Ryan (OH) LINCOLN DIAZ-BALART OF FLORIDA they have always said. Listen to the defini- Capps Johnson, E. B. Salazar Strike all after the Resolving clause and tion of the previous question used in the Capuano Kagen Sa´ nchez, Linda insert the following: Floor Procedures Manual published by the Cardoza Kanjorski T. Sanchez, Loretta ‘‘That at any time after the adoption of Rules Committee in the 109th Congress, Carnahan Kaptur this resolution the Speaker may, pursuant to Carney Kildee Sarbanes (page 56). Here’s how the Rules Committee Schakowsky clause 2(b) of rule XVIII, declare the House Carson (IN) Kilpatrick (MI) described the rule using information from Castor (FL) Kilroy Schauer resolved into the Committee of the Whole Congressional Quarterly’s ‘‘American Con- Chandler Kind Schiff House on the state of the Union for further gressional Dictionary’’: ‘‘If the previous Clarke Kirkpatrick (AZ) Schrader consideration of the bill (H.R. 2847) making question is defeated, control of debate shifts Clay Kissell Schwartz appropriations for the Departments of Com- to the leading opposition member (usually Cleaver Klein (FL) Scott (GA) merce and Justice, and Science, and Related the minority Floor Manager) who then man- Clyburn Kucinich Scott (VA) Agencies for the fiscal year ending Sep- ages an hour of debate and may offer a ger- Cohen Larsen (WA) Serrano tember 30, 2010, and for other purposes. No Connolly (VA) Lee (CA) Sestak mane amendment to the pending business.’’ Conyers Levin further general debate shall be in order, and Shea-Porter Deschler’s Procedure in the U.S. House of Cooper Lipinski Sherman remaining proceedings under House Resolu- Representatives, the subchapter titled Costa Loebsack Sires tion 544 shall be considered as supplanted by ‘‘Amending Special Rules’’ states: ‘‘a refusal Costello Lofgren, Zoe Skelton this resolution. The bill shall continue to be to order the previous question on such a rule Courtney Lowey Slaughter considered for amendment under the five- [a special rule reported from the Committee Crowley Luja´ n Smith (WA) minute rule. Points of order against provi- on Rules] opens the resolution to amend- Cuellar Lynch Snyder sions in the bill for failure to comply with ment and further debate.’’ (Chapter 21, sec- Cummings Maffei Space Dahlkemper Maloney clause 2 of rule XM are waived. During con- tion 21.2) Section 21.3 continues: Upon rejec- Speier Davis (AL) Markey (CO) Spratt sideration of the bill for amendment, the tion of the motion for the previous question Davis (CA) Markey (MA) Chair of the Committee of the Whole may Stark on a resolution reported from the Committee Davis (IL) Marshall Stupak accord priority in recognition on the basis of on Rules, control shifts to the Member lead- Davis (TN) Massa Sutton DeFazio Matsui whether the Member offering an amendment ing the opposition to the previous question, Tanner DeGette McCarthy (NY) has caused it to be printed in the portion of who may offer a proper amendment or mo- Tauscher Delahunt McCollum the Congressional Record designated for that tion and who controls the time for debate Taylor DeLauro McDermott Teague purpose in clause 8 of rule XVIII. Amend- thereon.’’ Dicks McGovern Thompson (CA) ments so printed shall be considered as read. Clearly, the vote on the previous question Dingell McIntyre When the committee rises and reports the on a rule does have substantive policy impli- Doggett McMahon Thompson (MS) bill back to the House with a recommenda- cations. It is one of the only available tools Donnelly (IN) McNerney Tierney tion that the bill do pass, the previous ques- for those who oppose the Democratic major- Doyle Meek (FL) Titus Tonko tion shall be considered as ordered on the ity’s agenda and allows those with alter- Driehaus Meeks (NY) Edwards (MD) Melancon Towns bill and amendments thereto to final passage native views the opportunity to offer an al- Tsongas ternative plan. Edwards (TX) Michaud without intervening motion except one mo- Ellison Miller (NC) Van Hollen tion to recommit with or without Ms. SLAUGHTER. Mr. Speaker, I Ellsworth Miller, George Vela´ zquez yield back the balance of my time, and Engel Mollohan Visclosky Walz (The information contained herein was I move the previous question on the Eshoo Moore (KS) provided by Democratic Minority on mul- Etheridge Moore (WI) Wasserman tiple occasions throughout the 109th Con- resolution. Farr Moran (VA) Schultz gress.) The SPEAKER pro tempore. The Fattah Murphy (CT) Waters question is on ordering the previous Filner Murphy (NY) Watson THE VOTE ON THE PREVIOUS QUESTION: WHAT Foster Murphy, Patrick Watt IT REALLY MEANS question. Frank (MA) Murtha Waxman This vote, the vote on whether to order the The question was taken; and the Fudge Nadler (NY) Weiner previous question on a special rule, is not Speaker pro tempore announced that Giffords Napolitano Welch Gonzalez Neal (MA) Wexler merely a procedural vote. A vote against or- the noes appeared to have it. Ms. SLAUGHTER. Mr. Speaker, on Gordon (TN) Nye Wilson (OH) dering the previous question is a vote Grayson Oberstar Woolsey against the Democratic majority agenda and that I demand the yeas and nays. Green, Al Obey Wu a vote to allow the opposition, at least for The yeas and nays were ordered. Green, Gene Olver Yarmuth

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15432 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 NAYS—180 Mr. HERGER. Mr. Speaker, on rollcall No. Hoyer Michaud Schauer Inslee Miller (NC) Schiff Aderholt Garrett (NJ) Mitchell 351, I was unavoidably detained. Had I been Israel Mollohan Schrader Akin Gerlach Moran (KS) present, I would have voted ‘‘nay.’’ Jackson (IL) Moore (KS) Schwartz Arcuri Gingrey (GA) Murphy, Tim Jackson-Lee Moore (WI) Austria Gohmert Myrick (By unanimous consent, Ms. LINDA T. Scott (GA) (TX) Moran (VA) Bachus Goodlatte Neugebauer SA´ NCHEZ of California was allowed to Scott (VA) Johnson (GA) Murphy (CT) Barrett (SC) Granger Nunes Serrano speak out of order.) Johnson, E. B. Murphy, Patrick Bartlett Graves Olson Sestak Kagen Murtha Barton (TX) Guthrie Paul INTRODUCING JOAQUIN SANCHEZ SULLIVAN Shea-Porter Kanjorski Nadler (NY) Biggert Hall (TX) Paulsen Ms. LINDA T. SA´ NCHEZ of Cali- Sherman Kaptur Napolitano Bilbray Harper Pence fornia. Mr. Speaker, I rise today for the Sires Bilirakis Hastings (WA) Perriello Kildee Neal (MA) Skelton Blackburn Heller Petri purpose of introducing the most impor- Kilpatrick (MI) Nye Slaughter Blunt Hensarling Pitts tant and undoubtedly the greatest Kilroy Oberstar Smith (WA) Boehner Hill Platts Kind Obey Snyder piece of work I have ever brought to Kirkpatrick (AZ) Olver Bonner Hoekstra Poe (TX) the floor of this House. Space Bono Mack Hunter Posey Kissell Ortiz Spratt Boozman Inglis Price (GA) Mr. Speaker, before I take all of the Kucinich Pallone Stark Boustany Issa Putnam credit, I want to thank especially the Langevin Pascrell Stupak Larsen (WA) Brady (TX) Jenkins Radanovich Pastor (AZ) Sutton health care workers from coast to Lee (CA) Payne Broun (GA) Johnson (IL) Rehberg Tanner coast who helped me deliver a very Levin Perlmutter Brown (SC) Johnson, Sam Reichert Tauscher Lipinski Peters Brown-Waite, Jones Roe (TN) healthy baby. And I want to especially Taylor Loebsack Pingree (ME) Ginny Jordan (OH) Rogers (AL) recognize the distinguished doctors and Teague Lofgren, Zoe Polis (CO) Buchanan King (IA) Rogers (KY) Thompson (MS) nurses at Washington Hospital Medical Lowey Pomeroy Burgess King (NY) Rogers (MI) Tierney Center and the talented doctors in Los Luja´ n Price (NC) Burton (IN) Kingston Rohrabacher Titus Lynch Quigley Buyer Kirk Rooney Angeles, especially Dr. Aliabadi, Dr. Tonko Calvert Kline (MN) Ros-Lehtinen Maffei Rahall Rotmench, and Dr. Iqbal. Maloney Rangel Towns Camp Kosmas Roskam Tsongas Campbell Kratovil Royce Mr. Speaker, it is with great joy that Markey (CO) Reyes Van Hollen Cao Lamborn Ryan (WI) Markey (MA) Richardson my husband, James Sullivan and I, in- Vela´ zquez Capito Lance Scalise Marshall Rodriguez troduce to you and to all of my col- Visclosky Carter Latham Schmidt Massa Ross Walz Cassidy LaTourette Schock leagues the proudest achievement and Matheson Rothman (NJ) Wasserman Castle Latta Sensenbrenner newest member of the California dele- Matsui Roybal-Allard Schultz Chaffetz Lee (NY) Sessions gation, Joaquin Sanchez Sullivan. McCarthy (NY) Ruppersberger Childers Lewis (CA) Shadegg McCollum Rush Watson Coble Linder Shimkus ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE McDermott Ryan (OH) Watt Coffman (CO) LoBiondo Shuler The SPEAKER pro tempore. Without McGovern Salazar Waxman ´ Weiner Cole Lucas Shuster objection, 5-minute voting will con- McIntyre Sanchez, Linda Conaway Luetkemeyer Simpson McMahon T. Welch Crenshaw Lummis Smith (NE) tinue. McNerney Sanchez, Loretta Wexler Culberson Lungren, Daniel Smith (NJ) There was no objection. Meeks (NY) Sarbanes Wilson (OH) Davis (KY) E. Smith (TX) The SPEAKER pro tempore. The Melancon Schakowsky Yarmuth Deal (GA) Mack Souder Dent Manzullo Stearns question is on the resolution. NAYS—201 Diaz-Balart, L. Marchant Terry The question was taken; and the Aderholt Culberson King (IA) Diaz-Balart, M. McCarthy (CA) Thompson (PA) Speaker pro tempore announced that Akin Davis (KY) King (NY) Dreier McCaul Thornberry the ayes appeared to have it. Arcuri Deal (GA) Kingston Duncan McClintock Tiahrt Austria DeFazio Kirk Ehlers McCotter Tiberi Mr. LINCOLN DIAZ-BALART of Bachus Dent Klein (FL) Emerson McHenry Turner Florida. Mr. Speaker, on that I demand Barrett (SC) Diaz-Balart, L. Kline (MN) Fallin McHugh Upton the yeas and nays. Bartlett Diaz-Balart, M. Kosmas Flake McKeon Walden Barton (TX) Donnelly (IN) Kratovil Fleming McMorris Wamp The yeas and nays were ordered. Biggert Dreier Lamborn Forbes Rodgers Westmoreland The SPEAKER pro tempore. This Bilbray Duncan Lance Fortenberry Mica Whitfield will be a 5-minute vote. Bilirakis Ehlers Latham Foxx Miller (FL) Wilson (SC) Bishop (UT) Emerson LaTourette Franks (AZ) Miller (MI) Wittman The vote was taken by electronic de- Blackburn Eshoo Latta Frelinghuysen Miller, Gary Wolf vice, and there were—yeas 221, nays Blumenauer Fallin Lee (NY) Gallegly Minnick Young (AK) 201, not voting 11, as follows: Blunt Farr Lewis (CA) NOT VOTING—15 [Roll No. 352] Boehner Flake Linder Bonner Fleming LoBiondo Adler (NJ) Cantor Larson (CT) YEAS—221 Bono Mack Forbes Lucas Alexander Harman Lewis (GA) Abercrombie Childers Engel Boozman Fortenberry Luetkemeyer Bachmann Herger Matheson Ackerman Clarke Etheridge Boustany Foxx Lummis Bishop (UT) Kennedy Sullivan Altmire Clay Fattah Brady (TX) Franks (AZ) Lungren, Daniel Bright Langevin Young (FL) Andrews Cleaver Filner Bright Frelinghuysen E. Baca Clyburn Foster Broun (GA) Gallegly Mack b 1507 Baird Cohen Frank (MA) Brown (SC) Garrett (NJ) Manzullo Baldwin Connolly (VA) Fudge Brown-Waite, Gerlach Marchant Ms. KOSMAS changed her vote from Barrow Cooper Giffords Ginny Gingrey (GA) McCarthy (CA) ‘‘yea’’ to ‘‘nay.’’ Bean Costa Gonzalez Buchanan Gohmert McCaul Becerra Costello Gordon (TN) Burgess Goodlatte McClintock Mr. GEORGE MILLER of California Berkley Courtney Grayson Burton (IN) Granger McCotter and Ms. WOOLSEY changed their vote Berman Crowley Green, Al Buyer Graves McHenry from ‘‘nay’’ to ‘‘yea.’’ Berry Cuellar Green, Gene Calvert Guthrie McHugh Bishop (GA) Cummings Griffith Camp Hall (TX) McKeon So the previous question was ordered. Bishop (NY) Dahlkemper Grijalva Campbell Harper McMorris The result of the vote was announced Boccieri Davis (CA) Gutierrez Cantor Hastings (WA) Rodgers as above recorded. Boren Davis (IL) Hall (NY) Cao Heller Meek (FL) Stated for: Boswell Davis (TN) Halvorson Capito Hensarling Mica Boucher DeGette Hare Capps Herger Miller (FL) Mr. LANGEVIN. Mr. Speaker, on June 17, Boyd Delahunt Hastings (FL) Carney Hill Miller (MI) 2009, I was unavoidably detained and unable Brady (PA) DeLauro Heinrich Carter Hoekstra Miller, Gary to be in the Chamber for a rollcall vote. Had Braley (IA) Dicks Herseth Sandlin Cassidy Honda Miller, George Brown, Corrine Dingell Higgins Castle Hunter Minnick I been present, I would have voted ‘‘yea’’ on Butterfield Doggett Himes Chaffetz Inglis Mitchell rollcall No. 351, the motion ordering the pre- Capuano Doyle Hinchey Coble Issa Moran (KS) vious question on the rule for H.R. 2847, the Cardoza Driehaus Hinojosa Coffman (CO) Jenkins Murphy (NY) Commerce, Justice, Science, and Related Carnahan Edwards (MD) Hirono Cole Johnson (IL) Murphy, Tim Carson (IN) Edwards (TX) Hodes Conaway Johnson, Sam Myrick Agencies Appropriations Act for FY 2010. Castor (FL) Ellison Holden Conyers Jones Neugebauer Stated against: Chandler Ellsworth Holt Crenshaw Jordan (OH) Nunes

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15433 Olson Rooney Stearns the state of the Union for the further under the Export Administration Act of 1979, Paul Ros-Lehtinen Terry consideration of the bill, H.R. 2847. and as authorized by 22 U.S.C. 401(b); and Paulsen Roskam Thompson (CA) purchase of passenger motor vehicles for of- Pence Royce Thompson (PA) b 1523 Perriello Ryan (WI) Thornberry ficial use and motor vehicles for law enforce- ment use with special requirement vehicles Petri Scalise Tiahrt IN THE COMMITTEE OF THE WHOLE Pitts Schmidt Tiberi eligible for purchase without regard to any Platts Schock Turner Accordingly, the House resolved price limitation otherwise established by Poe (TX) Sensenbrenner Upton itself into the Committee of the Whole law, $100,342,000, to remain available until Posey Sessions Walden House on the state of the Union for the expended, of which $14,767,000 shall be for in- Price (GA) Shadegg Wamp further consideration of the bill (H.R. spections and other activities related to na- Putnam Shimkus Waters Radanovich Shuler Westmoreland 2847) making appropriations for the De- tional security: Provided, That the provisions Rehberg Shuster Whitfield partments of Commerce, Justice, of the first sentence of section 105(f) and all Reichert Simpson Wilson (SC) Science, and Related Agencies for the of section 108(c) of the Mutual Educational Roe (TN) Smith (NE) Wittman fiscal year ending September 30, 2010, and Cultural Exchange Act of 1961 (22 U.S.C. Rogers (AL) Smith (NJ) Wolf 2455(f) and 2458(c)) shall apply in carrying out Rogers (KY) Smith (TX) Woolsey with Mr. BLUMENAUER (Acting Chair) these activities: Provided further, That pay- Rogers (MI) Souder Wu in the chair. ments and contributions collected and ac- Rohrabacher Speier Young (AK) The Clerk read the title of the bill. cepted for materials or services provided as NOT VOTING—11 The Acting CHAIR. When the Com- part of such activities may be retained for Adler (NJ) Harman Peterson mittee of the Whole rose on Tuesday, use in covering the cost of such activities, Alexander Kennedy Sullivan June 16, 2009, amendment No. 8 offered and for providing information to the public Bachmann Larson (CT) Young (FL) by the gentleman from Illinois (Mr. with respect to the export administration Davis (AL) Lewis (GA) and national security activities of the De- SCHOCK) had been disposed of and the partment of Commerce and other export con- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bill had been read through page 4, line trol programs of the United States and other The SPEAKER pro tempore (during 7. governments. the vote). Two minutes remain in this Pursuant to House Resolution 552, no ECONOMIC DEVELOPMENT ADMINISTRATION vote. further general debate shall be in ECONOMIC DEVELOPMENT ASSISTANCE order. b 1520 PROGRAMS No further amendment shall be in Ms. SPEIER and Messrs. BLU- For grants for economic development as- order except: (1) amendments num- sistance as provided by the Public Works and MENAUER and HONDA changed their bered 3, 6, 19, 22, 25, 31, 35, 41, 59, 60, 62, vote from ‘‘yea’’ to ‘‘nay.’’ Economic Development Act of 1965, and for 63, 69, 71, 93, 96, 97, 98, 100, 102, 111, 114, trade adjustment assistance, $255,000,000, to So the resolution was agreed to. and 118 printed in the CONGRESSIONAL remain available until expended. The result of the vote was announced RECORD of June 15, 2009, which may be SALARIES AND EXPENSES as above recorded. offered only by the Member who sub- A motion to reconsider was laid on For necessary expenses of administering mitted it for printing or a designee, the economic development assistance pro- the table. and (2) not to exceed 10 of the following grams as provided for by law, $38,000,000: Pro- f amendments if offered by the ranking vided, That these funds may be used to mon- minority member of the Committee on itor projects approved pursuant to title I of PRIVILEGED REPORT ON RESOLU- the Public Works Employment Act of 1976, TION IMPEACHING SAMUEL B. Appropriations or his designee: amend- ments numbered 76, 77, 78, 79, 80, 81, 82, title II of the Trade Act of 1974, and the Com- KENT, JUDGE OF THE U.S. DIS- munity Emergency Drought Relief Act of TRICT COURT FOR THE SOUTH- 83, 84, 85, 86, 87, 88, 89, 90, 91, 104, 105, 1977. 106, 107, and 108 printed in the CONGRES- ERN DISTRICT OF TEXAS MINORITY BUSINESS DEVELOPMENT AGENCY SIONAL RECORD of June 15, 2009. Each Mr. SCHIFF, from the Committee on amendment shall be considered as read, MINORITY BUSINESS DEVELOPMENT the Judiciary, submitted a privileged shall be debatable for 10 minutes equal- For necessary expenses of the Department report (Rept. No. 111–159) on the resolu- ly divided and controlled by the pro- of Commerce in fostering, promoting, and tion (H. Res. 520) impeaching Samuel developing minority business enterprise, in- ponent and opponent, and shall not be cluding expenses of grants, contracts, and B. Kent, judge of the United States subject to a demand for division of the District Court for the Southern Dis- other agreements with public or private or- question. An amendment may be of- ganizations, $31,000,000: Provided, That within trict of Texas, for high crimes and mis- fered only at the appropriate point in the amounts appropriated, $900,000 shall be demeanors, which was referred to the the reading. used for the projects, and in the amounts, House Calendar and ordered to be The Chair and ranking minority specified in the table titled ‘‘Congression- printed. member of the Committee on Appro- ally-designated items’’ in the report of the Committee on Appropriations of the House f priations or their designees each may of Representatives to accompany this Act. GENERAL LEAVE offer a pro forma amendment for the purpose of debate following consider- ECONOMIC AND STATISTICAL ANALYSIS Mr. MOLLOHAN. Mr. Speaker, I ask ation of any amendment previously de- SALARIES AND EXPENSES unanimous consent that all Members scribed. For necessary expenses, as authorized by may have 5 legislative days in which to The Clerk will read. law, of economic and statistical analysis pro- revise and extend their remarks and in- The Clerk read as follows: grams of the Department of Commerce, clude extraneous material on H.R. 2847, $97,255,000, to remain available until Sep- BUREAU OF INDUSTRY AND SECURITY and that I may include tabular mate- tember 30, 2011. OPERATIONS AND ADMINISTRATION rial in the same. BUREAU OF THE CENSUS The SPEAKER pro tempore. Is there For necessary expenses for export adminis- SALARIES AND EXPENSES tration and national security activities of For expenses necessary for collecting, com- objection to the request of the gen- the Department of Commerce, including piling, analyzing, preparing, and publishing tleman from West Virginia? costs associated with the performance of ex- statistics, provided for by law, $259,024,000. There was no objection. port administration field activities both do- PERIODIC CENSUSES AND PROGRAMS f mestically and abroad; full medical coverage for dependent members of immediate fami- For necessary expenses to collect and pub- COMMERCE, JUSTICE, SCIENCE, lies of employees stationed overseas; em- lish statistics for periodic censuses and pro- AND RELATED AGENCIES APPRO- ployment of Americans and aliens by con- grams provided for by law, $7,115,707,000, of PRIATIONS ACT, 2010 tract for services abroad; payment of tort which $206,000,000 shall be derived from avail- claims, in the manner authorized in the first able unobligated balances previously appro- The SPEAKER pro tempore. Pursu- paragraph of 28 U.S.C. 2672 when such claims priated under this heading, to remain avail- ant to House Resolution 552 and rule arise in foreign countries; not to exceed able until September 30, 2011: Provided, That XVIII, the Chair declares the House in $15,000 for official representation expenses none of the funds provided in this or any the Committee of the Whole House on abroad; awards of compensation to informers other Act for any fiscal year may be used for

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15434 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 the collection of census data on race identi- basic pay contributed by the USPTO and em- rials shall include an estimate of the budg- fication that does not include ‘‘some other ployees under section 8334(a) of title 5, etary requirements for each such project for race’’ as a category: Provided further, That United States Code, and the normal cost per- each of the five subsequent fiscal years. from amounts provided herein, funds may be centage (as defined by section 8331(17) of that NATIONAL OCEANIC AND ATMOSPHERIC used for additional promotion, outreach, and title) of basic pay, of employees subject to ADMINISTRATION marketing activities. subchapter III of chapter 83 of that title; and OPERATIONS, RESEARCH, AND FACILITIES (2) the present value of the otherwise un- NATIONAL TELECOMMUNICATIONS AND (INCLUDING TRANSFERS OF FUNDS) INFORMATION ADMINISTRATION funded accruing costs, as determined by the Office of Personnel Management, of post-re- For necessary expenses of activities au- SALARIES AND EXPENSES tirement life insurance and post-retirement thorized by law for the National Oceanic and For necessary expenses, as provided for by health benefits coverage for all USPTO em- Atmospheric Administration, including law, of the National Telecommunications ployees, shall be transferred to the Civil maintenance, operation, and hire of aircraft and Information Administration (NTIA), Service Retirement and Disability Fund, the and vessels; grants, contracts, or other pay- ments to nonprofit organizations for the pur- $19,999,000, to remain available until Sep- Employees Life Insurance Fund, and the Em- poses of conducting activities pursuant to tember 30, 2011: Provided, That, notwith- ployees Health Benefits Fund, as appro- cooperative agreements; and relocation of fa- standing 31 U.S.C. 1535(d), the Secretary of priate, and shall be available for the author- cilities, $3,198,793,000, to remain available Commerce shall charge Federal agencies for ized purposes of those accounts: Provided fur- until September 30, 2011, except for funds costs incurred in spectrum management, ther, That sections 801, 802, and 803 of divi- provided for cooperative enforcement, which analysis, operations, and related services, sion B, Public Law 108–447 shall remain in ef- shall remain available until September 30, and such fees shall be retained and used as fect during fiscal year 2010: Provided further, 2012: Provided, That fees and donations re- offsetting collections for costs of such spec- That the Director may, this year, reduce by ceived by the National Ocean Service for the trum services, to remain available until ex- regulation fees payable for documents in management of national marine sanctuaries pended: Provided further, That the Secretary patent and trademark matters, in connec- of Commerce is authorized to retain and use may be retained and used for the salaries and tion with the filing of documents filed elec- expenses associated with those activities, as offsetting collections all funds trans- tronically in a form prescribed by the Direc- ferred, or previously transferred, from other notwithstanding 31 U.S.C. 3302: Provided fur- tor: Provided further, That from the amounts ther, That in addition, $3,000,000 shall be de- Government agencies for all costs incurred provided herein, no less than $4,000,000 shall in telecommunications research, engineer- rived by transfer from the fund entitled be available only for the USPTO contribu- ‘‘Coastal Zone Management’’ and in addition ing, and related activities by the Institute tion in a cooperative or joint agreement or for Telecommunication Sciences of NTIA, in $104,600,000 shall be derived by transfer from agreements with a non-profit organization or the fund entitled ‘‘Promote and Develop furtherance of its assigned functions under organizations, successfully audited within Fishery Products and Research Pertaining to this paragraph, and such funds received from the previous year, and with previous experi- American Fisheries’’: Provided further, That other Government agencies shall remain ence in such programs, to conduct policy of the $3,317,393,000 provided for in direct ob- available until expended. studies, including studies relating to activi- ligations under this heading $3,198,793,000 is PUBLIC TELECOMMUNICATIONS FACILITIES, ties of United Nations Specialized agencies appropriated from the general fund, PLANNING AND CONSTRUCTION and other international organizations, as $107,600,000 is provided by transfer, and For the administration of grants, author- well as conferences and other development $11,000,000 is derived from recoveries of prior ized by section 392 of the Communications programs, in support of fair international year obligations: Provided further, That the Act of 1934, $20,000,000, to remain available protection of intellectual property rights. total amount available for the National Oce- until expended as authorized by section 391 NATIONAL INSTITUTE OF STANDARDS AND anic and Atmospheric Administration cor- of the Act: Provided, That not to exceed TECHNOLOGY porate services administrative support costs $2,000,000 shall be available for program ad- SCIENTIFIC AND TECHNICAL RESEARCH AND shall not exceed $228,549,000: Provided further, ministration as authorized by section 391 of SERVICES That payments of funds made available the Act: Provided further, That, notwith- For necessary expenses of the National In- under this heading to the Department of standing the provisions of section 391 of the stitute of Standards and Technology, Commerce Working Capital Fund including Act, the prior year unobligated balances may $510,000,000, to remain available until ex- Department of Commerce General Counsel be made available for grants for projects for pended, of which not to exceed $9,000,000 may legal services shall not exceed $41,944,000: which applications have been submitted and be transferred to the ‘‘Working Capital Provided further, That any deviation from the approved during any fiscal year. Fund’’: Provided, That not to exceed $10,000 amounts designated for specific activities in UNITED STATES PATENT AND TRADEMARK shall be for official reception and representa- the report accompanying this Act, or any OFFICE tion expenses. use of deobligated balances of funds provided under this heading in previous years, shall be INDUSTRIAL TECHNOLOGY SERVICES SALARIES AND EXPENSES subject to the procedures set forth in section For necessary expenses of the Hollings For necessary expenses of the United 505 of this Act: Provided further, That in allo- Manufacturing Extension Partnership of the States Patent and Trademark Office cating grants under sections 306 and 306A of National Institute of Standards and Tech- (USPTO) provided for by law, including de- the Coastal Zone Management Act of 1972, as nology, $124,700,000, to remain available until fense of suits instituted against the Under amended, no coastal State shall receive more expended. In addition, for necessary expenses Secretary of Commerce for Intellectual than 5 percent or less than 1 percent of in- of the Technology Innovation Program of Property and Director of the United States creased funds appropriated over the previous the National Institute of Standards and Patent and Trademark Office, $1,930,361,000, fiscal year: Provided further, That within the Technology, $69,900,000, to remain available to remain available until expended: Provided, amounts appropriated, $37,500,000 shall be until expended. That the sum herein appropriated from the used for the projects, and in the amounts, general fund shall be reduced as offsetting CONSTRUCTION OF RESEARCH FACILITIES specified in the table titled ‘‘Congression- collections assessed and collected pursuant For construction of new research facilities, ally-designated items’’ in the report of the to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 are including architectural and engineering de- Committee on Appropriations of the House received during fiscal year 2010, so as to re- sign, and for renovation and maintenance of of Representatives to accompany this Act. sult in a fiscal year 2010 appropriation from existing facilities, not otherwise provided for AMENDMENT NO. 19 OFFERED BY MS. BORDALLO the general fund estimated at $0: Provided the National Institute of Standards and Ms. BORDALLO. Mr. Chairman, I further, That during fiscal year 2010, should Technology, as authorized by 15 U.S.C. 278c– the total amount of offsetting fee collections 278e, $76,500,000, to remain available until ex- have an amendment at the desk, be less than $1,930,361,000, this amount shall pended, of which $20,000,000 is for a competi- amendment No. 19, printed in the CON- be reduced accordingly: Provided further, tive construction grant program for research GRESSIONAL RECORD on June 15, 2009. That any amount received in excess of science buildings: Provided further, That the The Acting CHAIR. The Clerk will $1,930,361,000 in fiscal year 2010, in an amount Secretary of Commerce shall include in the designate the amendment. up to $100,000,000 shall remain available until budget justification materials that the Sec- The text of the amendment is as fol- expended: Provided further, That from retary submits to Congress in support of the lows: amounts provided herein, not to exceed $1,000 Department of Commerce budget (as sub- Amendment No. 19 offered by Ms. shall be made available in fiscal year 2010 for mitted with the budget of the President BORDALLO: official reception and representation ex- under section 1105(a) of title 31, United Page 13, line 11, after the dollar amount in- penses: Provided further, That in fiscal year States Code) an estimate for each National sert ‘‘(increased by $500,000)’’. 2010 and hereafter, from the amounts made Institute of Standards and Technology con- Page 13, line 24, after the dollar amount in- available for ‘‘Salaries and Expenses’’ for the struction project having a total multi-year sert ‘‘(increased by $500,000)’’. USPTO, the amounts necessary to pay: (1) program cost of more than $5,000,000 and si- Page 13, line 25, after the dollar amount in- the difference between the percentage of multaneously the budget justification mate- sert ‘‘(increased by $500,000)’’.

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15435 Page 17, line 12, after the dollar amount in- The Acting CHAIR. Without objec- now we have even a more controlled sert ‘‘(reduced by $500,000)’’. tion, the gentleman is recognized for 5 process. The Acting CHAIR. Pursuant to minutes. Members on my side, and I think if House Resolution 552, the gentlewoman There was no objection. you kind of do unto others as you from Guam (Ms. BORDALLO) and a Mr. WOLF. I have no objection, and I would have them do unto you can Member opposed each will control 5 just yield back the balance of the time. think, if you were in that situation and minutes. Mr. MOLLOHAN. Will the gentlelady had gone through the same thing the The Chair recognizes the gentle- yield for purposes of accepting the guys on our side, Members on our side, woman from Guam. amendment? how you would feel. Members on my Ms. BORDALLO. Mr. Chairman, I Ms. BORDALLO. Yes. side have the right to have their voice offer this amendment for the purposes Mr. MOLLOHAN. Mr. Chairman, we heard and offer amendments to control of ensuring that not less than $500,000 have no objection to the amendment, spending. Members on both sides had is appropriated to the National Oceanic and we accept the amendment. substantive, thoughtful amendments. and Atmospheric Administration for Ms. BORDALLO. I yield back the bal- Members on my side have the right grants to be awarded in 2010 by the ance of my time. to have their voice heard and offer Secretary of Commerce for Western The Acting CHAIR. The question is amendments, whatever they may be, to Pacific Fishery Demonstration on the amendment offered by the gen- control spending or whatever. Members Projects. tlewoman from Guam (Ms. BORDALLO). The amendment ensures funding is on both sides also have substantive and The question was taken; and the Act- provided for this authorized, competi- thoughtful amendments that were ger- ing Chair announced that the ayes ap- tive-based grants program in fiscal mane and in order, and now those peared to have it. year 2010. The Western Pacific Dem- Members have lost the opportunity to Mr. WOLF. Mr. Chairman, I demand onstration Projects program is author- offer them. ized by Public Law 104–297, the Sus- a recorded vote. For example, Mr. ROGERS from tainable Fisheries Act. The program The Acting CHAIR. Pursuant to Michigan, who was an FBI agent, who was funded at the maximum authorized clause 6 of rule XVIII, further pro- went to Afghanistan, God bless him for level, $500,000, each year from 1999 ceedings on the amendment offered by taking the time for the oversight, who through 2005. My amendment would re- the gentlewoman from Guam will be serves on the Intelligence Committee, start the program at this same level of postponed. had a very important amendment re- funding. Mr. WOLF. Mr. Chairman, I strike garding an apparent policy initiative Valuable and economically innova- the requisite number of words. by this administration, to expand the tive projects in Western Pacific fish- The Acting CHAIR. The gentleman is practice of reading Miranda rights to eries have been demonstrated and ex- recognized for 5 minutes. detainees in the custody of the U.S. plored through this program in pre- Mr. WOLF. Mr. Chairman, as the Armed Forces in Afghanistan. It’s vious rounds of competition. The pro- ranking member on the committee, I called global justice. gram is important to the communities feel an obligation just to make a com- Mr. ROGERS wanted to talk about represented on the Western Pacific Re- ment to kind of put things in perspec- that and offer an amendment. And gional Fishery Management Council, tive, particularly as the American peo- whether we would pass it or not, he had which includes my own district, the ple are watching, because I think what every right to do so. And now Mr. ROG- Territory of Guam. we’re doing today is setting a very bad ERS and other Members have legiti- Mr. Chairman, the program’s chief and a dangerous precedent. mate concerns about such policies. He purpose, as authorized, is to establish I’ve been around the House for a simply wanted the opportunity to offer not less than three and not more than while, and I’ve been involved in debates his amendment and let the House vote. five fishery demonstration projects to on scores of appropriations bills. Tradi- He complied with the printing require- foster and promote traditional indige- tionally, whether it’s been Democrats ment. He testified late last night, sat nous fishing practices. In the last or Republicans in the majority, we’ve up here late into the night, till 12:30 or rounds of competition in 2004 and 2005, had open rules on spending bills, and a 1 in the morning. He testified at the five grants were awarded to applicants respectful working relationship across Rules Committee; and yet, now, Mr. in the State of Hawaii, three each to the aisle; and that’s the way it should ROGERS finds he is unable to even offer American Samoa and the Common- be, and that’s what the American peo- this amendment that deals with the wealth of the Northern Mariana Is- ple expect, a cooperative attitude and whole fundamental issue of the war on lands, and one for Guam. the opportunity for full scrutiny of terror, what’s taking place in Afghani- I am grateful for the opportunity to how their tax dollars are being spent. stan, and all these issues. offer this amendment, and I want to I didn’t like the preprinting require- Closing, this is a departure from the thank the distinguished gentleman ment for amendments that the major- traditional open rules and the comity from West Virginia (Mr. MOLLOHAN) ity instituted to start the appropria- that has characterized the appropria- and our colleague from Virginia, Mr. tions process on the floor this session tion process over the years. WOLF, and their staffs for their atten- with the Commerce-Justice-Science If we can’t even come up with a fair tion to this amendment. bill. I supported an open rule so that process to debate annual spending bills b 1530 every Member could have the oppor- on this floor, how can we ever hope to I hope to secure their support today tunity to review the entire bill, and if ever, ever, ever find solutions to the for the adoption of this amendment, there were programs that Members be- big problems that this country has? and I look forward to working with lieved could be cut, then we could de- I yield back the balance of my time. them to ensure that this issue is ad- bate that amendment and the House Mr. OBEY. Mr. Chairman, I move to dressed appropriately in conference. could work its will. strike the last word. And, finally, I want to state that the So we started the process late last The Acting CHAIR. The gentleman issue of protecting indigenous culture, night to debate the preprinted amend- from Wisconsin is recognized for 5 min- as this amendment does, with respect ments. And 21 minutes into the amend- utes. to traditional fishing practices is im- ment debate, the chairman of the com- Mr. OBEY. Mr. Chairman, I did not portant, not only to myself, but to our mittee pulled the plug on that process want to get into this subject yet again, colleagues from CNMI, American and on the Members who, really, in but I guess we have to. Samoa and Hawaii. good faith, followed the instructions of I would like to put in perspective I reserve the balance of my time. the preprinting. They went up; they did why we are here under these cir- Mr. WOLF. I ask unanimous consent everything that was asked of them. cumstances. As everyone in this Cham- to claim the time, but I am not in op- The rules, Mr. Chairman, were then ber understands, we have, for the last 4 position. changed in the middle of the night, and months, been dealing with a national

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15436 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 economic emergency, and an absolute Interior and the Legislative Appropria- the report accompanying this Act, or any crisis in terms of the war in the Middle tions bill. use of deobligated balances of funds provided East, especially in Pakistan and Af- So I simply state this, not to get into under this heading in previous years, shall be a perennial argument, but to make subject to the procedures set forth in section ghanistan. So this Chamber has been 505 of this Act: Provided further, That the hugely occupied for 4 months. clear we have tried every way we can Secretary of Commerce shall include in And now, finally, after finishing our to involve the minority. We’ve asked budget justification materials that the Sec- major economic leftovers from the pre- them several times if they could par- retary submits to Congress in support of the vious year, we’re now turning to the ticipate in a compressed schedule. Department of Commerce budget (as sub- appropriations bill. The hard fact is I don’t think that it’s necessary to mitted with the budget of the President that everyone says they want appro- debate all of these bills for 40 hours. under section 1105(a) of title 31, United priation bills to be finished individ- But we are giving—there are going to States Code) an estimate for each National be 33 amendments offered to this bill Oceanic and Atmospheric Administration ually, not collectively, in an omnibus. Procurement, Acquistion, or Construction And yet, we only have 6 weeks to ac- under the rule, and only nine of them project having a total of more than $5,000,000 complish that. We have to pass 12 are Democratic amendments. The rest and simultaneously the budget justification major appropriation bills in 6 weeks are Republican amendments. I think shall include an estimate of the budgetary and still leave enough time on the cal- that’s treating the minority especially requirements for each such project for each endar to deal with health care, to deal fairly. of the five subsequent fiscal years. with climate change, to deal with the Mr. LEWIS of California. Would the COASTAL ZONE MANAGEMENT FUND military authorization bill, and several gentleman yield? (INCLUDING TRANSFER OF FUNDS) other crucial issues. Mr. OBEY. Sure. Of amounts collected pursuant to section So Mr. HOYER, the majority leader, Mr. LEWIS of California. I appreciate 308 of the Coastal Zone Management Act of and I, went to our friends on the Re- my colleague yielding. We had a dis- 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 shall be transferred to the ‘‘Operations, Re- publican side of the aisle, went to both cussion on the floor yesterday where you were essentially asking me this search, and Facilities’’ account to offset the the minority leader and the ranking costs of implementing such Act. question: How can we get a handle on member of the committee, and asked FISHERIES FINANCE PROGRAM ACCOUNT reasonably controlling the time, et whether or not we could reach agree- Subject to section 502 of the Congressional ment that would enable us to meet cetera? And you and I have had back Budget Act of 1974, during fiscal year 2009, that schedule. And we pointed out that and forth regarding that whole discus- obligations of direct loans may not exceed the schedule that we have set requires sion. $8,000,000 for Individual Fishing Quota loans that we set aside no more than about 8 I appreciate your concern about the and not to exceed $59,000,000 for traditional or 9 hours to debate each of the bills schedule here. But my goodness, when direct loans as authorized by the Merchant with all of the amendments thereto. you have the number of amendments Marine Act of 1936: Provided, That none of the funds made available under this heading We were told that they did not be- that we had filed on this bill, and we knew many of them would fall off, you may be used for direct loans for any new lieve that they could participate in fishing vessel that will increase the har- that kind of a tight schedule. So then and I discussed that between each vesting capacity in any United States fish- we tried to proceed anyway. other. But then the first amendment, ery. We asked Members to prefile amend- to have that taking us back to the DEPARTMENTAL MANAGEMENT ments so that every Member of this Rules Committee is incredible, and I SALARIES AND EXPENSES House would know what they were ex- can’t quite believe you’d do that. For expenses necessary for the depart- pected to vote on. We confronted the Mr. OBEY. Let me take back my mental management of the Department of fact that 127 amendments were filed. time. Let me simply say that this is Commerce provided for by law, including not That will take at least 23 or 24 hours, the third year that we’ve been in this to exceed $5,000 for official entertainment, just to debate those amendments. And situation where we’ve been filibustered $60,000,000: Provided, That the Secretary, within 30 days of enactment of this Act, that blows the entire schedule for the by amendment, and we recognize a fili- buster by amendment when we see it. shall provide a report to the Committees on entire 6 weeks. Appropriations that audits and evaluates all One Member today said, ‘‘Well, The Acting CHAIR. The Clerk will decision documents and expenditures by the what’s wrong if it takes 40 hours to read. Bureau of the Census as they relate to the pass this bill?’’ The fact is that that The Clerk read as follows: 2010 Census: Provided further, That of the would be one-third of the time remain- In addition, for necessary retired pay ex- amounts provided to the Secretary within ing on the schedule for all 12 appropria- penses under the Retired Serviceman’s Fam- this account, $5,000,000 shall not become tion bills. ily Protection and Survivor Benefits Plan, available for obligation until the Secretary and for payments for the medical care of re- certifies to the House and Senate Commit- We’ve got an obligation to get our tired personnel and their dependents under tees on Appropriations that the Bureau of work done. And so what Mr. HOYER and the Dependents Medical Care Act (10 U.S.C. the Census has followed and met all stand- I did was even offer the minority leader 55), such sums as may be necessary. ards and best practices, and all Office of the opportunity, in a compressed num- PROCUREMENT, ACQUISITION AND CONSTRUCTION Management and Budget guidelines related to information technology projects and con- ber of amendments, to select their own For procurement, acquisition and con- tract management. amendments, any amendments they struction of capital assets, including alter- wanted. But they did not want to be ation and modification costs, of the National AMENDMENT NO. 3 OFFERED BY MS. MOORE OF limited in number or time. I don’t fault Oceanic and Atmospheric Administration, WISCONSIN them for it. I’m simply stating facts. $1,409,148,000, to remain available until Sep- Ms. MOORE of Wisconsin. Mr. Chair- Now, we have one misunderstanding tember 30, 2012, except funds provided for man, I have an amendment at the desk. around here. We have the impression construction of facilities which shall remain The Acting CHAIR. The Clerk will that somehow appropriation bills have available until expended: Provided, That of designate the amendment. the $1,411,148,000 provided for in direct obli- The text of the amendment is as fol- always been considered in open rules. gations under this heading $1,409,148,000 is lows: The fact is, I have a sheet here which appropriated from the general fund and shows 25 previous occasions where ap- Amendment No. 3 offered by Ms. MOORE of $2,000,000 is provided from recoveries of prior Wisconsin: propriations have been continued under year obligations: Provided further, That ex- In title I, in the paragraph entitled ‘‘Sala- structured or modified, or even closed cept to the extent expressly prohibited by ries and Expenses’’ immediately following rules. And this is only when Repub- any other law, the Department of Defense the heading ‘‘Departmental Management’’ licans were in control. This does not may delegate procurement functions related insert ‘‘(reduced by $4,000,000’’) after count the more than a dozen times to the National Polar-orbiting Operational ‘‘$60,000,000’’. Environmental Satellite System to officials under Democratic control, when we Page 42, line 7, after ‘‘$400,000,000’’ insert of the Department of Commerce pursuant to ‘‘(increased by $4,000,000)’’. had significantly limited rules for ap- section 2311 of title 10, United States Code: In title II, in the paragraph entitled ‘‘Vio- propriation bills, including the Foreign Provided further, That any deviation from the lence Against Women Prevention and Pros- Operations bill, D.C., the Defense Bill, amounts designated for specific activities in ecution Programs’’ under the heading ‘‘State

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15437 and Local Law Enforcment Activities Office There was no objection. this amendment. I strongly urge its on Violence Against Women’’ in the num- Mr. WOLF. I yield to the gentleman passage. bered item in the second proviso relating to from Texas, Judge POE, for 5 minutes. Ms. MOORE of Wisconsin. Well, legal assistance for victims as authorized by thank you so much. I just want to men- b 1545 section 1201 of the 2000 Act, insert ‘‘(in- tion again what an amazing partner creased by $4,000,000)’’ after ‘‘$37,000,000’’. Mr. POE of Texas. I thank the gen- Mr. POE has been with this initiative. The Acting CHAIR. Pursuant to tleman for yielding, and I appreciate Indeed, this is not a partisan issue. House Resolution 552, the gentlewoman the gentlewoman from Wisconsin for Mr. POE mentioned that these funds from Wisconsin (Ms. MOORE) and a her representation and hard work on will be drawn from the Department of Member opposed each will control 5 this amendment. Commerce’s salaries and expenses, of minutes. Mr. Chairman, this amendment is a which they’re provided $60 million. The Chair recognizes the gentle- strong amendment, and it puts forth That’s $7 million over last year’s fund- woman from Wisconsin. the proposition that victims’ issues ing. Of course, legal assistance pro- Ms. MOORE of Wisconsin. Mr. Chair- aren’t partisan issues; they’re people grams have steadily declined since 2003, man, my amendment increases funding issues. and only about a third of women who for a critical program, the Violence I strongly support this amendment to appear in court, the applicants who ac- Against Women Act Legal Assistance increase Legal Assistance for Victims tually apply for this legal funding, ac- Program by $4 million. by $4 million. That doesn’t sound like tually receive funding. So this is really I would like to thank Representative much, but it’s a lot of money for vic- critical funding and support to help POE for his diligent work on this tims of crime. It will bring the total these women leave their abusers. amendment. And I also want to thank Legal Assistance for Victims grants to For every Danielle and Chris who are Representative MOLLOHAN for his com- $41 million. This funding is offset by a able to free themselves of their abus- mitment on this issue as well. $4 million reduction from the Depart- ers, there are four other women out You know, we all make lawyer jokes, ment of Commerce—Departmental there who are still being silenced be- but to the women who face domestic Management, Salaries and Expenses cause they don’t have access to ade- violence and need legal representation account. I think that money would be quate legal representation. This $4 mil- to successfully flee their abusers, ob- lion is very appreciated. It’s not better served in being given to the tain orders of protection, and retain enough, but it’s a great start. The legal Legal Assistance for Victims rather custody of their children, the lack of assistance program is one of the most than giving raises and salaries to this legal representation is definitely not a effective tools to ensure that battered department. laughing matter. women and children have a voice in our These legal assistance grants provide Nearly 70 percent of the women who justice system. I urge support for this much needed funding for domestic vio- bravely take their abusers to court do amendment. lence victims to seek protective orders, so without legal representation. And I yield back the balance of my time. child custody, child support, and hous- too often, having an attorney present The Acting CHAIR. The question is ing and public benefits assistance. is the deciding factor in obtaining that on the amendment offered by the gen- As I found during my 30 years as a lifesaving personal protection order or tlewoman from Wisconsin (Ms. MOORE). prosecutor and as a judge, too often, getting custody of your kids or receiv- The question was taken; and the Act- domestic violence and sexual assault ing transitional housing. ing Chair announced that the ayes ap- It’s a sad day when a family is forced victims have to appear in court by peared to have it. to stay with their abuser because they themselves, alone. They don’t have Mr. KING of Iowa. Mr. Chairman, I don’t know how to navigate through high-dollar lawyers pleading their demand a recorded vote. The Acting CHAIR. Pursuant to the court system. cases or guiding them through the Earlier this week, Mr. Chairman, I complex and often burdensome legal clause 6 of rule XVIII, further pro- ceedings on the amendment offered by heard from Chris in Wisconsin, whose system that we have in all of our the gentlewoman from Wisconsin will husband sent her to the emergency States and Federal courts. Instead, be postponed. room a dozen times, broke her foot, even though those who supposedly loved them chose to beat them up, they The Clerk will read. held a gun to her head, and threatened The Clerk read as follows: to poison her four children before she have to pay the price to fight their way through the legal system to request HERBERT C. HOOVER BUILDING RENOVATION AND was able to escape with the help of MODERNIZATION legal assistance after 5 long years of civil protection. This shouldn’t be. We need to match civil justice with our For expenses necessary, including blast torture. windows, for the renovation and moderniza- I also heard from Danielle of Madi- criminal justice system. tion of the Herbert C. Hoover Building, son, Wisconsin, who obtained a divorce The Civil Legal Assistance for Vic- $5,000,000, to remain available until ex- from her wealthy attorney husband tims program provides funding to meet pended. who repeatedly beat and stabbed her, the legal needs of domestic violence OFFICE OF INSPECTOR GENERAL but was left battling her husband’s ex- and sexual assault victims. It is the For necessary expenses of the Office of In- pensive attorney for custody 2 years only federally funded program designed spector General in carrying out the provi- after the divorce. Her effort to study to meet all of the legal assistance sions of the Inspector General Act of 1978 (5 the Wisconsin statutes and defend her- needs of victims. It is one of the most U.S.C. App.), $27,000,000. self in court drew ridicule and rebuke crucial and lifesaving programs in the GENERAL PROVISIONS—DEPARTMENT OF COMMERCE from the judge. These are just a couple Violence Against Women Act; yet it re- (INCLUDING TRANSFER OF FUNDS) of examples. mains critically underfunded. The de- SEC. 101. During the current fiscal year, ap- I would like to yield to Mr. MOLLO- mand for legal services is so high that plicable appropriations and funds made HAN. the Office on Violence Against Women receives almost 300 applications per available to the Department of Commerce by Mr. MOLLOHAN. I thank the gentle- this Act shall be available for the activities lady, and thank her for her amend- year, but that office is only able to specified in the Act of October 26, 1949 (15 ment. fund one-third of the total request. U.S.C. 1514), to the extent and in the manner Mr. Chairman, we are prepared to ac- We have a duty to protect the inno- prescribed by the Act, and, notwithstanding cept the amendment. cent and to make sure their voices are 31 U.S.C. 3324, may be used for advanced pay- Mr. WOLF. Mr. Chairman, I claim heard in our court system. We must en- ments not otherwise authorized only upon the time in opposition, although I am sure that victims are not further vic- the certification of officials designated by timized by their abusers through the the Secretary of Commerce that such pay- not in opposition. ments are in the public interest. The Acting CHAIR. Without objec- legal system in this country. SEC. 102. During the current fiscal year, ap- tion, the gentleman from Virginia is As founder and co-Chair of the bipar- propriations made available to the Depart- recognized for 5 minutes. tisan Victims’ Rights Caucus, I support ment of Commerce by this Act for salaries

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15438 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 and expenses shall be available for hire of its of available appropriations, the land, I thank my colleagues for their con- passenger motor vehicles as authorized by 31 services, equipment, personnel, and facilities tinued support and for their commit- U.S.C. 1343 and 1344; services as authorized of any department, agency or instrumen- ment to law enforcement officers and by 5 U.S.C. 3109; and uniforms or allowances tality of the United States, or of any state, public safety. I believe that this in- therefor, as authorized by law (5 U.S.C. 5901– local government, Indian tribal government, 5902). Territory or possession, or of any political crease is incredibly important for law SEC. 103. Not to exceed 5 percent of any ap- subdivision thereof, or of any foreign govern- enforcement. We must ensure that the propriation made available for the current ment or international organization for pur- intelligence our officers are working fiscal year for the Department of Commerce poses related to carrying out the responsibil- off of is up to date and accurate. in this Act may be transferred between such ities of any statute administered by the Na- The National Criminal History Im- appropriations, but no such appropriation tional Oceanic and Atmospheric Administra- provement Program ensures that shall be increased by more than 10 percent tion. States improve their infrastructure to by any such transfers: Provided, That any This title may be cited as the ‘‘Department connect to the national records sys- transfer pursuant to this section shall be of Commerce Appropriations Act, 2010’’. treated as a reprogramming of funds under tem. It helps protect our most vulner- TITLE II able populations by improving law en- section 505 of this Act and shall not be avail- DEPARTMENT OF JUSTICE able for obligation or expenditure except in forcement’s ability to identify persons compliance with the procedures set forth in GENERAL ADMINISTRATION ineligible to hold positions involving that section: Provided further, That the Sec- SALARIES AND EXPENSES children, the elderly or the disabled. retary of Commerce shall notify the Com- For expenses necessary for the administra- The program also helps law enforce- mittees on Appropriations at least 15 days in tion of the Department of Justice, ment officers protect our communities advance of the acquisition or disposal of any $118,488,000 of which not to exceed $4,000,000 from individuals with histories of capital asset (including land, structures, and for security and construction of Department stalking and of committing acts of do- equipment) not specifically provided for in of Justice facilities shall remain available this Act or any other law appropriating until expended: Provided, That the Attorney mestic violence. I think my colleagues funds for the Department of Commerce: Pro- General is authorized to transfer funds ap- will agree this is an important invest- vided further, That for the National Oceanic propriated within General Administration to ment. and Atmospheric Administration this sec- any office in this account: Provided further, I would like to yield to the distin- tion shall provide for transfers among appro- That $14,693,000 is for Department Leader- guished chairman from Wisconsin (Mr. priations made only to the National Oceanic ship; $8,101,000 is for Intergovernmental Re- OBEY). and Atmospheric Administration and such lations/External Affairs; $12,715,000 is for Ex- Mr. OBEY. I thank the gentleman for appropriations may not be transferred and ecutive Support/Professional Responsibility; yielding. reprogrammed to other Department of Com- and $82,979,000 is for the Justice Management merce bureaus and appropriation accounts. Division: Provided further, That any change Mr. Chairman, let me simply say SEC. 104. Any costs incurred by a depart- in amounts specified in the preceding proviso that I think, on this side of the aisle, ment or agency funded under this title re- greater than 5 percent shall be submitted for the committee certainly agrees with sulting from personnel actions taken in re- approval to the House and Senate Commit- the gentleman’s assertions, and we sponse to funding reductions included in this tees on Appropriations consistent with the would be happy to accept the amend- title or from actions taken for the care and terms of section 505 of this Act: Provided fur- ment. protection of loan collateral or grant prop- ther, That this transfer authority is in addi- Mr. BOSWELL. We thank you. erty shall be absorbed within the total budg- tion to transfers authorized under section 505 With that, I would urge the adoption etary resources available to such department of this Act. of this amendment. or agency: Provided, That the authority to AMENDMENT NO. 41 OFFERED BY MR. BOSWELL transfer funds between appropriations ac- I will reserve my time for any com- counts as may be necessary to carry out this Mr. BOSWELL. I have an amendment ments that might be made from the section is provided in addition to authorities at the desk. other side. included elsewhere in this Act: Provided fur- The Acting CHAIR. The Clerk will Mr. WOLF. Mr. Chairman, we have ther, That use of funds to carry out this sec- designate the amendment. no objection to the amendment. We tion shall be treated as a reprogramming of The text of the amendment is as fol- support the amendment. funds under section 505 of this Act and shall lows: Mr. BOSWELL. With that, I urge the not be available for obligation or expendi- Amendment No. 41 offered by Mr. BOSWELL: adoption of the amendment, and I yield ture except in compliance with the proce- In the item relating to ‘‘Department of dures set forth in that section. back my time. Justice—General Administration—Salaries The Acting CHAIR. The question is SEC. 105. The requirements set forth by sec- and Expenses’’, after the first dollar amount, tion 112 of division B of Public Law 110–161 insert ‘‘(reduced by $2,500,000)’’. on the amendment offered by the gen- are hereby adopted by reference. In the item relating to the ‘‘National tleman from Iowa (Mr. BOSWELL). SEC. 106. Notwithstanding any other law, Criminal History Improvment program’’ in The question was taken; and the Act- the Secretary may furnish services (includ- paragraph (25) under the heading ‘‘State and ing Chair announced that the ayes ap- ing but not limited to utilities, tele- Local Law Enforcement Assistance’’, after peared to have it. communications, and security services) nec- the dollar amount, insert ‘‘(increased by Mr. BROUN of Georgia. Mr. Chair- essary to support the operation, mainte- $2,500,000)’’. nance, and improvement of space that per- man, I demand a recorded vote. sons, firms or organizations are authorized The Acting CHAIR. Pursuant to The Acting CHAIR. Pursuant to pursuant to the Public Buildings Cooperative House Resolution 552, the gentleman clause 6 of rule XVIII, further pro- Use Act of 1976 or other authority to use or from Iowa (Mr. BOSWELL) and a Mem- ceedings on the amendment offered by occupy in the Herbert C. Hoover Building, ber opposed each will control 5 min- the gentleman from Iowa will be post- Washington, DC, or other buildings, the utes. poned. maintenance, operation, and protection of The Chair recognizes the gentleman The Clerk will read. which has been delegated to the Secretary from Iowa for 5 minutes. The Clerk read as follows: from the Administrator of General Services Mr. BOSWELL. I would like to thank pursuant to the Federal Property and Ad- NATIONAL DRUG INTELLIGENCE CENTER ministrative Services Act of 1949, as amend- Chairman MOLLOHAN and Ranking For necessary expenses of the National ed, on a reimbursable or non-reimbursable Member WOLF for their hard work on Drug Intelligence Center, $44,023,000, of basis. Amounts received as reimbursement H.R. 2847, the Commerce, Justice, which $2,000,000 shall be for reimbursement for services provided under this section or Science, and Related Agencies Appro- of Air Force personnel for the National Drug the authority under which the use or occu- priations Act of 2010. Intelligence Center to support the Depart- pancy of the space is authorized, up to Mr. Chairman, this amendment ment of Defense’s counter-drug intelligence $200,000, shall be credited to the appropria- would provide an increase of $2.5 mil- responsibilities: Provided, That the National tion or fund which initially bears the costs lion for the National Criminal History Drug Intelligence Center shall maintain the of such services. personnel and technical resources to provide SEC. 107. The Administration of the Na- Improvement Program. I have brought timely support to law enforcement authori- tional Oceanic and Atmospheric Administra- this issue to the floor for several years ties and the intelligence community by con- tion is authorized to use, with their consent, now, and it consistently receives bipar- ducting document and computer exploitation with reimbursement and subject to the lim- tisan support. of materials collected in Federal, State, and

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15439 local law enforcement activity associated ties of the Civil Division, the Attorney Gen- notwithstanding any other provision of law, with counter-drug, counterterrorism, and na- eral may transfer such amounts to ‘‘Salaries $210,000,000 of offsetting collections pursuant tional security investigations and oper- and Expenses, General Legal Activities’’ to 28 U.S.C. 589a(b) shall be retained and used ations. from available appropriations for the current for necessary expenses in this appropriation JUSTICE INFORMATION SHARING TECHNOLOGY fiscal year for the Department of Justice, as and shall remain available until expended: may be necessary to respond to such cir- Provided further, That the sum herein appro- For necessary expenses for information cumstances: Provided further, That any priated from the Fund shall be reduced as sharing technology, including planning, de- transfer pursuant to the previous proviso such offsetting collections are received dur- velopment, deployment and departmental di- shall be treated as a reprogramming under ing fiscal year 2009, so as to result in a final rection, $109,417,000, to remain available section 505 of this Act and shall not be avail- fiscal year 2009 appropriation from the Fund until expended, of which not less than able for obligation or expenditure except in estimated at $9,488,000. $21,132,000 is for the unified financial man- compliance with the procedures set forth in agement system. SALARIES AND EXPENSES, FOREIGN CLAIMS that section: Provided further, That of the SETTLEMENT COMMISSION TACTICAL LAW ENFORCEMENT WIRELESS amount appropriated, such sums as may be For expenses necessary to carry out the ac- COMMUNICATIONS necessary shall be available to reimburse the tivities of the Foreign Claims Settlement For the costs of developing and imple- Office of Personnel Management for salaries Commission, including services as author- menting a nation-wide Integrated Wireless and expenses associated with the election ized by section 3109 of title 5, United States Network supporting Federal law enforce- monitoring program under section 8 of the Code, $2,117,000. ment communications, and for the costs of Voting Rights Act of 1965 (42 U.S.C. 1973f): FEES AND EXPENSES OF WITNESSES operations and maintenance of existing Land Provided further, That of the amounts pro- Mobile Radio legacy systems, $205,143,000, to vided under this heading for the election For fees and expenses of witnesses, for ex- remain available until expended: Provided, monitoring program $3,390,000, shall remain penses of contracts for the procurement and That the Attorney General shall transfer to available until expended. supervision of expert witnesses, for private this account all funds made available to the In addition, for reimbursement of expenses counsel expenses, including advances, and for Department of Justice for the purchase of of the Department of Justice associated with expenses of foreign counsel, $168,300,000, to portable and mobile radios: Provided further, processing cases under the National Child- remain available until expended, of which That any transfer made under the preceding hood Vaccine Injury Act of 1986, not to ex- not to exceed $10,000,000 is for construction proviso shall be subject to section 505 of this ceed $7,833,000, to be appropriated from the of buildings for protected witness safesites; Act. Vaccine Injury Compensation Trust Fund. not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehi- SALARIES AND EXPENSES, ANTITRUST DIVISION ADMINISTRATIVE REVIEW AND APPEALS cles for witness security caravans; and not to For expenses necessary for the administra- For expenses necessary for the enforce- exceed $11,000,000 may be made available for tion of pardon and clemency petitions and ment of antitrust and kindred laws, the purchase, installation, maintenance, and immigration-related activities, $300,685,000, $163,170,000, to remain available until ex- upgrade of secure telecommunications equip- of which $4,000,000 shall be derived by trans- pended: Provided, That notwithstanding any ment and a secure automated information fer from the Executive Office for Immigra- other provision of law, fees collected for network to store and retrieve the identities tion Review fees deposited in the ‘‘Immigra- premerger notification filings under the and locations of protected witnesses. Hart-Scott-Rodino Antitrust Improvements tion Examinations Fee’’ account. SALARIES AND EXPENSES, COMMUNITY Act of 1976 (15 U.S.C. 18a), regardless of the DETENTION TRUSTEE RELATIONS SERVICE year of collection (and estimated to be For necessary expenses of the Federal De- $102,000,000 in fiscal year 2010), shall be re- For necessary expenses of the Community tention Trustee, $1,438,663,000, to remain tained and used for necessary expenses in Relations Service, $11,479,000: Provided, That available until expended: Provided, That the this appropriation, and shall remain avail- notwithstanding section 205 of this Act, upon Trustee shall be responsible for managing able until expended: Provided further, That a determination by the Attorney General the Justice Prisoner and Alien Transpor- the sum herein appropriated from the gen- that emergent circumstances require addi- tation System: Provided further, That not to eral fund shall be reduced as such offsetting tional funding for conflict resolution and vi- exceed $5,000,000 shall be considered ‘‘funds collections are received during fiscal year olence prevention activities of the Commu- appropriated for State and local law enforce- 2010, so as to result in a final fiscal year 2010 nity Relations Service, the Attorney General ment assistance’’ pursuant to 18 U.S.C. appropriation from the general fund esti- may transfer such amounts to the Commu- 4013(b). mated at $61,170,000. nity Relations Service, from available appro- priations for the current fiscal year for the OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES, UNITED STATES Department of Justice, as may be necessary ATTORNEYS For necessary expenses of the Office of In- to respond to such circumstances: Provided spector General, $84,368,000, including not to For necessary expenses of the Offices of the further, That any transfer pursuant to the exceed $10,000 to meet unforeseen emer- United States Attorneys, including inter- preceding proviso shall be treated as a re- gencies of a confidential character. governmental and cooperative agreements, programming under section 505 of this Act UNITED STATES PAROLE COMMISSION $1,934,003,000: Provided, That of the total and shall not be available for obligation or amount appropriated, not to exceed $8,000 SALARIES AND EXPENSES expenditure except in compliance with the shall be available for official reception and procedures set forth in that section. For necessary expenses of the United representation expenses: Provided further, ASSETS FORFEITURE FUND States Parole Commission as authorized, That not to exceed $25,000,000 shall remain $12,859,000. available until expended: Provided further, For expenses authorized by 28 U.S.C. LEGAL ACTIVITIES That of the amount provided under this 524(c)(1)(B), (F), and (G), $20,990,000, to be de- rived from the Department of Justice Assets SALARIES AND EXPENSES, GENERAL LEGAL heading, not less than $36,980,000 shall be Forfeiture Fund. ACTIVITIES used for salaries and expenses for assistant UNITED STATES MARSHALS SERVICE For expenses necessary for the legal activi- U.S. Attorneys to carry out section 704 of the SALARIES AND EXPENSES ties of the Department of Justice, not other- Adam Walsh Child Protection and Safety Act wise provided for, including not to exceed of 2006 (Public Law 109–248) concerning the For necessary expenses of the United $20,000 for expenses of collecting evidence, to prosecution of offenses relating to the sexual States Marshals Service, $1,138,388,000; of be expended under the direction of, and to be exploitation of children: Provided further, which not to exceed $30,000 shall be available accounted for solely under the certificate of, That of the amount provided under this for official reception and representation ex- the Attorney General; and rent of private or heading, $6,000,000 is for salaries and ex- penses; of which not to exceed $4,000,000 shall Government-owned space in the District of penses for new assistant U.S. Attorneys to remain available until expended for informa- Columbia, $875,097,000, of which not to exceed carry out additional prosecutions of serious tion technology systems; and of which not $10,000,000 for litigation support contracts crimes in Indian Country. less than $12,625,000 shall be available for the shall remain available until expended: Pro- UNITED STATES TRUSTEE SYSTEM FUND costs of courthouse security equipment, in- vided, That of the total amount appro- For necessary expenses of the United cluding furnishings, relocations, and tele- priated, not to exceed $10,000 shall be avail- States Trustee Program, as authorized, phone systems and cabling, and shall remain able to the United States National Central $224,488,000, to remain available until ex- available until expended. Bureau, INTERPOL, for official reception pended and to be derived from the United CONSTRUCTION and representation expenses: Provided fur- States Trustee System Fund: Provided, That For construction in space controlled, occu- ther, That notwithstanding section 205 of notwithstanding any other provision of law, pied or utilized by the United States Mar- this Act, upon a determination by the Attor- deposits to the Fund shall be available in shals Service for prisoner holding and re- ney General that emergent circumstances re- such amounts as may be necessary to pay re- lated support, $14,000,000, to remain available quire additional funding for litigation activi- funds due depositors: Provided further, That, until expended.

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NATIONAL SECURITY DIVISION BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND District of Columbia) or Federal court or in SALARIES AND EXPENSES EXPLOSIVES an administrative proceeding other than a For expenses necessary to carry out the ac- SALARIES AND EXPENSES proceeding commenced by the Bureau of Al- tivities of the National Security Division, For necessary expenses of the Bureau of cohol, Tobacco, Firearms and Explosives to $87,938,000; of which not to exceed $5,000,000 Alcohol, Tobacco, Firearms and Explosives, enforce the provisions of chapter 44 of such for information technology systems shall re- not to exceed $40,000 for official reception title, or a review of such an action or pro- main available until expended: Provided, and representation expenses; for training of ceeding; except that this proviso shall not be That notwithstanding section 205 of this Act, State and local law enforcement agencies construed to prevent: (A) the disclosure of upon a determination by the Attorney Gen- with or without reimbursement, including statistical information concerning total pro- eral that emergent circumstances require training in connection with the training and duction, importation, and exportation by additional funding for the activities of the acquisition of canines for explosives and fire each licensed importer (as defined in section National Security Division, the Attorney accelerants detection; and for provision of 921(a)(9) of such title) and licensed manufac- turer (as defined in section 921(a)(10) of such General may transfer such amounts to this laboratory assistance to State and local law title); (B) the sharing or exchange of such in- heading from available appropriations for enforcement agencies, with or without reim- formation among and between Federal, the current fiscal year for the Department of bursement, $1,105,772,000, of which not to ex- State, local, or foreign law enforcement Justice, as may be necessary to respond to ceed $1,000,000 shall be available for the pay- agencies, Federal, State, or local prosecu- such circumstances: Provided further, That ment of attorneys’ fees as provided by sec- tors, and Federal national security, intel- any transfer pursuant to the preceding pro- tion 924(d)(2) of title 18, United States Code; ligence, or counterterrorism officials; or (C) viso shall be treated as a reprogramming and of which not to exceed $10,000,000 shall the publication of annual statistical reports under section 505 of this Act and shall not be remain available until expended: Provided, on products regulated by the Bureau of Alco- available for obligation or expenditure ex- That no funds appropriated herein shall be available for salaries or administrative ex- hol, Tobacco, Firearms and Explosives, in- cept in compliance with the procedures set cluding total production, importation, and forth in that section. penses in connection with consolidating or centralizing, within the Department of Jus- exportation by each licensed importer (as so INTERAGENCY LAW ENFORCEMENT tice, the records, or any portion thereof, of defined) and licensed manufacturer (as so de- INTERAGENCY CRIME AND DRUG ENFORCEMENT acquisition and disposition of firearms main- fined), or statistical aggregate data regard- For necessary expenses for the identifica- tained by Federal firearms licensees: Pro- ing firearms traffickers and trafficking tion, investigation, and prosecution of indi- vided further, That no funds appropriated channels, or firearms misuse, felons, and viduals associated with the most significant herein shall be used to pay administrative trafficking investigations: Provided further, drug trafficking and affiliated money laun- expenses or the compensation of any officer That no funds made available by this or any dering organizations not otherwise provided or employee of the United States to imple- other Act shall be expended to promulgate or for, to include inter-governmental agree- ment an amendment or amendments to 27 implement any rule requiring a physical in- ments with State and local law enforcement CFR 478.118 or to change the definition of ventory of any business licensed under sec- agencies engaged in the investigation and ‘‘Curios or relics’’ in 27 CFR 478.11 or remove tion 923 of title 18, United States Code: Pro- prosecution of individuals involved in orga- any item from ATF Publication 5300.11 as it vided further, That no funds under this Act nized crime drug trafficking, $528,569,000, of existed on January 1, 1994: Provided further, may be used to electronically retrieve infor- mation gathered pursuant to 18 U.S.C. which $50,000,000 shall remain available until That none of the funds appropriated herein 923(g)(4) by name or any personal identifica- expended: Provided, That any amounts obli- shall be available to investigate or act upon tion code: Provided further, That no funds au- gated from appropriations under this head- applications for relief from Federal firearms thorized or made available under this or any ing may be used under authorities available disabilities under 18 U.S.C. 925(c): Provided other Act may be used to deny any applica- to the organizations reimbursed from this further, That such funds shall be available to tion for a license under section 923 of title 18, appropriation. investigate and act upon applications filed United States Code, or renewal of such a li- FEDERAL BUREAU OF INVESTIGATION by corporations for relief from Federal fire- cense due to a lack of business activity, pro- SALARIES AND EXPENSES arms disabilities under section 925(c) of title vided that the applicant is otherwise eligible 18, United States Code: Provided further, That For necessary expenses of the Federal Bu- to receive such a license, and is eligible to no funds made available by this or any other reau of Investigation for detection, inves- report business income or to claim an in- Act may be used to transfer the functions, tigation, and prosecution of crimes against come tax deduction for business expenses missions, or activities of the Bureau of Alco- the United States, $7,718,741,000, of which under the Internal Revenue Code of 1986. $101,066,000 is designated as being for over- hol, Tobacco, Firearms and Explosives to FEDERAL PRISON SYSTEM seas deployments and other activities pursu- other agencies or Departments in fiscal year ant to section 423(a)(1) of S. Con. Res. 13 2010: Provided further, That, beginning in fis- SALARIES AND EXPENSES (111th Congress), the concurrent resolution cal year 2010 and thereafter, no funds appro- For necessary expenses of the Federal Pris- on the budget for fiscal year 2010; and of priated under this or any other Act may be on System for the administration, operation, which not to exceed $150,000,000 shall remain used to disclose part or all of the contents of and maintenance of Federal penal and cor- available until expended: Provided, That not the Firearms Trace System database main- rectional institutions, including purchase to exceed $205,000 shall be available for offi- tained by the National Trace Center of the (not to exceed 831, of which 743 are for re- cial reception and representation expenses. Bureau of Alcohol, Tobacco, Firearms and placement only) and hire of law enforcement CONSTRUCTION Explosives or any information required to be and passenger motor vehicles, and for the kept by licensees pursuant to section 923(g) provision of technical assistance and advice For necessary expenses to construct or ac- of title 18, United States Code, or required to on corrections related issues to foreign gov- quire buildings and sites by purchase, or as be reported pursuant to paragraphs (3) and ernments, $6,077,231,000: Provided, That the otherwise authorized by law (including (7) of such section 923(g), except to: (1) a Fed- Attorney General may transfer to the Health equipment for such buildings); conversion eral, State, local, or tribal law enforcement Resources and Services Administration such and extension of federally owned buildings; agency, or a Federal, State, or local pros- amounts as may be necessary for direct ex- and preliminary planning and design of ecutor; or (2) a foreign law enforcement penditures by that Administration for med- projects; $132,796,000, to remain available agency solely in connection with or for use ical relief for inmates of Federal penal and until expended. in a criminal investigation or prosecution; or correctional institutions: Provided further, DRUG ENFORCEMENT ADMINISTRATION (3) a Federal agency for a national security That the Director of the Federal Prison Sys- SALARIES AND EXPENSES or intelligence purpose; unless such disclo- tem, where necessary, may enter into con- For necessary expenses of the Drug En- sure of such data to any of the entities de- tracts with a fiscal agent or fiscal inter- forcement Administration, including not to scribed in (1), (2) or (3) of this proviso would mediary claims processor to determine the exceed $70,000 to meet unforeseen emer- compromise the identity of any undercover amounts payable to persons who, on behalf gencies of a confidential character pursuant law enforcement officer or confidential in- of the Federal Prison System, furnish health to 28 U.S.C. 530C; and expenses for con- formant, or interfere with any case under in- services to individuals committed to the cus- ducting drug education and training pro- vestigation; and no person or entity de- tody of the Federal Prison System: Provided grams, including travel and related expenses scribed in (1), (2) or (3) shall knowingly and further, That not to exceed $6,000 shall be for participants in such programs and the publicly disclose such data; and all such data available for official reception and represen- distribution of items of token value that pro- shall be immune from legal process, shall tation expenses: Provided further, That not to mote the goals of such programs, not be subject to subpoena or other dis- exceed $50,000,000 shall remain available for $2,019,682,000; of which not to exceed covery, shall be inadmissible in evidence, necessary operations until September 30, $75,000,000 shall remain available until ex- and shall not be used, relied on, or disclosed 2011: Provided further, That, of the amounts pended; and of which not to exceed $100,000 in any manner, nor shall testimony or other provided for contract confinement, not to ex- shall be available for official reception and evidence be permitted based on the data, in ceed $20,000,000 shall remain available until representation expenses. a civil action in any State (including the expended to make payments in advance for

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15441 grants, contracts and reimbursable agree- It is important to note this is not a I certainly understand the budget ments, and other expenses authorized by sec- vote on whether to cut the program. It constraints. I’ve been a mayor, had a tion 501(c) of the Refugee Education Assist- is a vote on whether to provide the pro- jail system under my supervision, and I ance Act of 1980 (8 U.S.C. 1522 note), for the gram the President’s proposed increase also know that around this Nation care and security in the United States of Cuban and Haitian entrants: Provided further, or to provide it the Democratic leader- there are cities and States that are That the Director of the Federal Prison Sys- ship’s proposed increase. dealing with budget deficits never be- tem may accept donated property and serv- Mr. Chairman, I reserve the balance fore seen, and here is the only place in ices relating to the operation of the prison of my time. the world I have ever seen where we card program from a not-for-profit entity Mr. MOLLOHAN. Mr. Chairman, I raise it almost 9 percent and then give which has operated such program in the past rise in opposition to the amendment. the President exactly what he wanted notwithstanding the fact that such not-for- The Acting CHAIR. The gentleman and call that a draconian cut. It is not. profit entity furnishes services under con- from West Virginia is recognized for 5 We should show some fiscal restraint tracts to the Federal Prison System relating to the operation of pre-release services, half- minutes. here in the House as an example to the way houses, or other custodial facilities. Mr. MOLLOHAN. Mr. Chairman, I people around this country, families AMENDMENT NO. 25 OFFERED BY MR. ROE OF rise in strong opposition to this amend- and cities and municipalities and TENNESSEE ment. States, that are working hard to bal- Mr. ROE of Tennessee. Mr. Chairman, Indeed, this would be a huge impact ance their budget. In my own home- I have an amendment at the desk. on the Bureau of Prisons. There is not town they’re doing that by making real The Acting CHAIR. The Clerk will an agency in this bill that is in greater cuts, not making huge increases and designate the amendment. need of additional salaries and ex- reducing it somewhat. This is a very The text of the amendment is as fol- penses money. This amendment would minimal cut, and not a cut actually lows: eliminate $97.4 million, the increase for but a reduction, and exactly what the Amendment No. 25 offered by Mr. the Bureau of Prisons’ salaries and ex- President of the United States asked ROE of Tennessee: penses account that the committee for. Page 38, line 13, after the dollar amount, provided above the budget request. Mr. Chairman, I reserve the balance insert ‘‘(reduced by $97,400,000)’’. The amount of the increase was not of my time. The Acting CHAIR. Pursuant to pulled out of thin air. It was precisely Mr. MOLLOHAN. Mr. Chairman, I House Resolution 552, the gentleman calculated based on an in-depth anal- urge opposition to the amendment, and from Tennessee (Mr. ROE) and a Mem- ysis by the Appropriation Committee’s I yield back the balance of my time. ber opposed each will control 5 min- surveys and investigations staff to be Mr. ROE of Tennessee. Mr. Chairman, utes. the minimum amount necessary to re- I yield back the balance of my time. The Chair recognizes the gentleman store BOP’s base budget, which has The CHAIR. The question is on the from Tennessee. been progressively hollowed out in re- amendment offered by the gentleman Mr. ROE of Tennessee. I yield myself cent years by inadequate budget re- from Tennessee (Mr. ROE). 21⁄2 minutes. quests. The question was taken; and the Mr. Chairman, I believe the level of Chair announced that the noes ap- b 1600 spending in this bill is irresponsible in peared to have it. light of our deficits, but I also know Without this $97.4 million, the Bu- Mr. ROE of Tennessee. Mr. Chairman, my view is in the minority. This is reau of Prisons will be unable to hire I demand a recorded vote. about priorities and it is about morals. additional correctional officers, which The CHAIR. Pursuant to clause 6 of This year, we are going to pass $1.8 it desperately needs, and will likely be rule XVIII, further proceedings on the trillion in new debt on to our children’s unable to activate two newly con- amendment offered by the gentleman generation. I would argue that passing structed prisons. The BOP simply can- from Tennessee will be postponed. this level of debt on to our next genera- not sustain another year without addi- Mr. WOLF. Mr. Chairman, I move to tion is immoral. So far, there has been tional prison capacity and staffing. The strike the requisite number of words. not one iota of interest in setting pri- Bureau of Prisons prisoner population The CHAIR. The gentleman from Vir- orities from the majority. Instead, is currently 37 percent above the rated ginia is recognized for 5 minutes. they’ve chosen to fund everything gen- capacity for BOP facilities, and the Mr. WOLF. I yield to the gentleman erously and call that priority setting. prisoner-to-staff ratio is an appalling from Iowa (Mr. KING). That’s their prerogative. They won the 4.9 to 1. A ratio of 3.2 to 1 is the aver- Mr. KING of Iowa. I thank the gen- election, and they are entitled to run age for the States, which is far better tleman from Virginia for yielding time our Nation’s credit card well past its than the average that the Bureau of to me in this debate. And, Mr. Chair- limit to never-before-seen levels. Prisons used to approach. man, there’s a lot more time that When it comes to spending in budg- Not only does inadequate investment should be yielded for this debate, and it ets, it is clear from debates that there in Federal prisons result in unsafe should have been yielded within the is no interest in adopting Republican working conditions for prison staff, as original agreement that came from the ideas by my friends on the other side of we have seen from attacks and even fa- Rules Committee. the aisle, so I went to a source you talities in our prison system, it also This appropriations bill didn’t come might not think a Republican would makes it impossible to do the kind of to this floor under an open rule, which look at: President Obama’s budget. reentry programming necessary to re- has been the deep and long-standing The President has requested nearly duce recidivism. The result is more tradition of the House of Representa- $6 billion for the Federal prison sys- crime in our communities and a higher tives. It came to the floor under a tem. The Democratic Congress has in- long-term cost to the taxpayer of fu- structured open rule and under the re- creased that by $97.4 million. ture incarceration. quest that said print your amendments We are trying to support the Presi- I am really not exaggerating, Mr. into the RECORD and then there will be dent and show a little bit of fiscal re- Chairman, when I say that there is no 5 minutes debate on each side, and straint by adopting the President’s other agency in the bill for which I am we’ll go down through all of those. budgeted level. In percentage terms, more confident about the need for addi- Now, anybody would have known this means we are growing at 6.8 per- tional resources. I urge our Members in that all the amendments that were cent instead of 8.6 percent. If it passes, as strong as possible terms to reject printed in the RECORD would not have the amendment’s impact will not be this amendment. been offered. But I will also submit huge, but it sends a message, however Mr. Chairman, I reserve the balance this, and it hasn’t been said here, I small, that this Congress is not com- of my time. don’t believe, Mr. Chairman, that these pletely tone deaf to the concerns about Mr. ROE of Tennessee. Mr. Chairman, amendments that were printed into the the deficit of runaway spending. I yield myself 1 minute. RECORD laid out the entire amendment

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And we are supposed to operate a govern- borrowing authority available, and in accord the majority party then took their lei- ment with these huge policy issues with the law, and to make such contracts sure to thumb down through the that hang in front of us and do a spe- and commitments, without regard to fiscal amendments and decided that they cious debate on spending in which ev- year limitations as provided by section 9104 of title 31, United States Code, as may be didn’t want to have debate on a good erything that’s offered by the minority necessary in carrying out the program set number of them, which brings us to party that reduces the spending is forth in the budget for the current fiscal this point. going to be voted down by the majority year for such corporation, including pur- When the chairman of the Appropria- party. Because why? They said let’s chase (not to exceed five for replacement tions Committee earlier mentioned have a debate on that. They’re eager to only) and hire of passenger motor vehicles. some 20 times that this Congress has vote for more spending. And this bill, LIMITATION ON ADMINISTRATIVE EXPENSES, deviated from an open rule on appro- which increases funding under these ti- FEDERAL PRISON INDUSTRIES, INCORPORATED priations, it was unclear to me whether tles from last year by $12 billion, an ex- Not to exceed $2,700,000 of the funds of the the chairman actually included unani- pansive growth of government, and Federal Prison Industries, Incorporated shall mous consent agreements, which have now shutting down the debate here in be available for its administrative expenses, been a fairly consistent component of and for services as authorized by section 3109 the House of Representatives. of title 5, United States Code, to be com- the open rule process. Not a structured If we move on from this appropria- puted on an accrual basis to be determined rule, not something that was rigid and tions process without a rule that al- in accordance with the corporation’s current devised in the beginning, at least not lows for debate, and we’re going to ac- prescribed accounting system, and such something that was unnegotiated, as cept the argument that comes from the amounts shall be exclusive of depreciation, this was, but a unanimous consent chairman of the Appropriations Com- payment of claims, and expenditures which agreement that allows any Member to mittee that this has happened before, I such accounting system requires to be cap- object. That isn’t the case that we are can guarantee you, Mr. Chairman, this italized or charged to cost of commodities dealing with here. is going to happen again and again and acquired or produced, including selling and So I am trying to track the logic of shipping expenses, and expenses in connec- again and no Member can ask again. If tion with acquisition, construction, oper- what amendments were approved and they don’t stand up and defend them- ation, maintenance, improvement, protec- which ones weren’t approved. And I selves now, it will be less reason the tion, or disposition of facilities and other will tell you there is no logic in this next time and less reason the next property belonging to the corporation or in minority party except in the idea that time, and we’re settled into a mode which it has an interest. we have to go up in that little room up where the committee that would rule STATE AND LOCAL LAW ENFORCEMENT there in the Rules Committee and sit will be the one, I think, which is di- ACTIVITIES down for 3 hours and wait for an oppor- rected from above, with no cameras in OFFICE ON VIOLENCE AGAINST WOMEN tunity to ask that stacked Rules Com- the room, seldom even a reporter in the VIOLENCE AGAINST WOMEN PREVENTION AND mittee for an opportunity just to offer room, but Members of Congress sitting PROSECUTION PROGRAMS an amendment here on the floor of the there in little chairs waiting for their For grants, contracts, cooperative agree- House of Representatives. There’s no chance to say, Oh, please, could I just ments, and other assistance for the preven- way you can go home and say to your offer my amendment here on the floor tion and prosecution of violence against constituents, I’d have liked to have women, as authorized by the Omnibus Crime of the House of Representatives? Control and Safe Streets Act of 1968 (42 done a good job representing you, but I You can’t run a government that U.S.C. 3711 et seq.) (‘‘the 1968 Act’’); the Vio- didn’t have an opportunity even to way. It’s not consistent with our con- lent Crime Control and Law Enforcement offer an amendment, let alone perfect stitutional Republic. It would cause in- Act of 1994 (Public Law 103–322) (‘‘the 1994 something and get a legitimate debate digestion with all of our Founding Fa- Act’’); the Victims of Child Abuse Act of 1990 or a vote. thers to see what’s going on here in (Public Law 101–647) (‘‘the 1990 Act’’); the So I analyzed these 124 remaining this Congress today. It’s got to stop, Prosecutorial Remedies and Other Tools to amendments after this fiasco last night and we have got to get back to a reg- end the Exploitation of Children Today Act that lasted into this morning and came ular order that allows for open rules of 2003 (Public Law 108–21); the Juvenile Jus- up with some of these statistical data, tice and Delinquency Prevention Act of 1974 and legitimate debate. And we can face (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the which is interesting, I think, to this this debate, win or lose. Let’s do it the Victims of Trafficking and Violence Protec- Congress: Out of these 124 amendments, right way, Mr. Chairman. tion Act of 2000 (Public Law 106–386) (‘‘the 20 of 23 were about money approved by I again thank the gentleman from 2000 Act’’); and the Violence Against Women the Rules Committee. So that would Virginia for yielding. and Department of Justice Reauthorization tell me that Democrats don’t mind vot- The CHAIR. The Clerk will read. Act of 2005 (Public Law 109–162) (‘‘the 2005 ing for more spending. That’s a clear The Clerk read as follows: Act’’); and for related victims services, $400,000,000, to remain available until ex- conclusion that one can draw because BUILDINGS AND FACILITIES of the 94 amendments that were re- pended: Provided, That except as otherwise For planning, acquisition of sites and con- provided by law, not to exceed 3 percent of jected by the Rules Committee, none of struction of new facilities; purchase and ac- funds made available under this heading may them can be characterized as spending quisition of facilities and remodeling, and be used for expenses related to evaluation, amendments exclusively; they’re pol- equipping of such facilities for penal and cor- training, and technical assistance: Provided icy amendments. rectional use, including all necessary ex- further, That of the amount provided And in that includes amendments penses incident thereto, by contract or force (1) $200,000,000 for grants to combat vio- that would have blocked Federal fund- account; and constructing, remodeling, and lence against women, as authorized by part equipping necessary buildings and facilities ing for ACORN, an organization that T of the 1968 Act, of which— at existing penal and correctional institu- (A) $18,000,000 shall be for transitional has all the appearances of a criminal tions, including all necessary expenses inci- enterprise, that has admitted to pro- housing assistance grants for victims of do- dent thereto, by contract or force account, mestic violence, stalking or sexual assault ducing over 400,000 fraudulent voter $96,744,000, to remain available until ex- as authorized by section 40299 of the 1994 Act; registrations, that has been involved in pended, of which not less than $71,358,000 and intimidating lenders, and now seem to shall be available only for modernization, (B) $3,000,000 shall be for the National In- be under the employment of the White maintenance and repair, and of which not to stitute of Justice for research and evaluation House for the United States Census. exceed $14,000,000 shall be available to con- of violence against women and related issues struct areas for inmate work programs: Pro- And we can’t get a debate on this and addressed by grant programs of the Office on vided, That labor of United States prisoners Violence Against Women; can’t get a vote on an amendment like may be used for work performed under this that? And we can’t have a discussion in (2) $60,000,000 for grants to encourage arrest appropriation. policies as authorized by part U of the 1968 this Congress about the intelligence FEDERAL PRISON INDUSTRIES, INCORPORATED Act; impasse that has been created because The Federal Prison Industries, Incor- (3) $13,000,000 for sexual assault victims as- of the allegations against the CIA porated, is hereby authorized to make such sistance, as authorized by section 41601 of made by the Speaker of the House? And expenditures, within the limits of funds and the 1994 Act;

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15443 (4) $41,000,000 for rural domestic violence Page 56, line 23, after the dollar amount, Mr. MOLLOHAN. Will the gentleman and child abuse enforcement assistance insert ‘‘(increased by $5,000,000)’’. yield? grants, as authorized by section 40295 of the Page 58, line 19, after the dollar amount, Mr. NADLER of New York. I yield to insert ‘‘(increased by $5,000,000)’’. 1994 Act; the gentleman. (5) $9,500,000 for grants to reduce violent Page 58, line 21, after the dollar amount, crimes against women on campus, as author- insert ‘‘(increased by $5,000,000)’’. Mr. MOLLOHAN. The gentleman is ized by section 304 of the 2005 Act; The CHAIR. Pursuant to House Reso- correct. This is an important program, (6) $37,000,000 for legal assistance for vic- lution 552, the gentleman from New and we are inclined to accept his tims, as authorized by section 1201 of the 2000 York (Mr. NADLER) and a Member op- amendment. Act; posed each will control 5 minutes. Mr. NADLER of New York. I thank (7) $4,250,000 for enhanced training and The Chair recognizes the gentleman the gentleman. services to end violence against and abuse of from New York. Mr. Chairman, I reserve the balance women in later life, as authorized by section Mr. NADLER of New York. Mr. of my time. 40802 of the 1994 Act; (8) $14,000,000 for the safe havens for chil- Chairman, I yield myself 3 minutes. Mr. WOLF. I rise to claim the time in dren program, as authorized by section 1301 Mr. Chairman, I rise in support of my opposition to the amendment though of the 2000 Act; amendment, which I offer with Rep- I’m not opposed. (9) $6,750,000 for education and training to resentatives MIKE MICHAUD and CARO- The CHAIR. Without objection, the end violence against and abuse of women LYN MALONEY. The amendment in- gentleman from Virginia is recognized with disabilities, as authorized by section creases by $5 million the funding for for 5 minutes. 1402 of the 2000 Act; the Debbie Smith DNA Backlog Grant There was no objection. (10) $3,000,000 for an engaging men and Program and offsets that by a cor- Mr. WOLF. Mr. Chair, I reserve the youth in prevention program, as authorized responding decrease in general oper- balance of my time. by section 41305 of the 1994 Act; ating expenses in the Office of Justice. (11) $1,000,000 for tracking of violence Mr. NADLER of New York. Mr. against Indian women, as authorized by sec- Unlike eyewitness testimony and Chairman, I now yield 1 minute to the tion 905 of the 2005 Act; other circumstantial evidence, DNA gentleman from Maine (Mr. MICHAUD). (12) $3,500,000 for services to advocate and evidence provides scientific accuracy Mr. MICHAUD. I thank the gen- respond to youth, as authorized by section and assurance. It has resulted in the tleman for yielding 1 minute. 41201 of the 1994 Act; conviction of countless perpetrators of The Debbie Smith Act provides State (13) $3,000,000 for grants to assist children violent crimes and has freed hundreds and local agencies funding to combat and youth exposed to violence, as authorized of innocent people. by section 41303 of the 1994 Act; serious crimes such as rape, sexual as- It is incredible that we can identify sault, and murder. I would like to (14) $3,000,000 for the court training and im- the guilty and exclude the innocent thank Congressman NADLER and Con- provements program, as authorized by sec- with certainty with just a little bio- tion 41002 of the 1994 Act; gresswoman MALONEY for their leader- (15) $1,000,000 for the National Resource logical evidence and a scientific test. ship on this very important issue. Our Center on Workplace Responses to assist vic- The problem, of course, is that you ac- amendment will fully fund this valu- tually have to collect that biological tims of domestic violence, as authorized by able program. evidence, do that test, and record that section 41501 of the 1994 Act. Each untested DNA sample rep- information. If you do not, the power OFFICE OF JUSTICE PROGRAMS resents a missed chance to keep these of DNA evidence is unrealized. SALARIES AND EXPENSES violent offenders off our streets. In one For necessary expenses, not elsewhere Unfortunately, there is a backlog in the hundreds of thousands in the anal- case in California, a repeat sex offender specified in this title, for management and raped a woman. Before the test could administration of programs within the Office ysis of DNA evidence. This backlog in- on Violence Against Women, the Office of cludes untested samples from con- be processed by the State crime lab, Justice Programs and the Community Ori- victed offenders and from crime scenes, the perpetrator attacked two addi- ented Policing Services Office, $192,388,000, of including rape kits. tional women and a child as well. In which not to exceed $15,708,000 shall be avail- When such a powerful tool as DNA Maine we have a backlog of over 4,000 able for transfer to the Office on Violence samples that need to be analyzed. Against Women; of which not to exceed evidence is unused, we must act. For years I have worked to reduce the DNA Without additional funding many of $139,218,000 shall be available for the Office of our cold cases will go unsolved and this Justice Programs; and of which not to ex- backlog and helped pass legislation to ceed $37,462,000 shall be available for transfer do just that. The Debbie Smith DNA backlog will continue. to the Community Oriented Policing Serv- Backlog Grant Program provides I urge my colleagues to support this ices Office: Provided, That, notwithstanding grants to States to collect DNA sam- very important amendment. section 109 of title I of Public Law 90–351, an ples from offenders and crime scenes, Mr. WOLF. Mr. Chairman, I reserve additional amount, not to exceed $21,000,000 including rape kits, to analyze those the balance of my time. shall be available for authorized activities of samples and to expand DNA laboratory Mr. NADLER of New York. Mr. the Office of Audit, Assessment, and Manage- Chairman, I now yield 1 minute to the ment: Provided further, That the total capacity. That money is making a dif- amount available for management and ad- ference, and we must ensure that it distinguished gentlewoman from New ministration of such programs shall not ex- continues to be available. York (Mrs. MALONEY). ceed $213,388,000. Congress provided $151 million to the b 1615 AMENDMENT NO. 31 OFFERED BY MR. NADLER OF Debbie Smith DNA Backlog Grant Pro- NEW YORK gram for fiscal year 2009 and reauthor- Mrs. MALONEY. I rise in strong sup- Mr. NADLER of New York. Mr. ized the program at this level through port of the Nadler-Michaud-Maloney Chairman, I have an amendment at the fiscal year 2014. Unfortunately, this bill amendment that would fully fund the desk made in order under the rule and cuts this by $5 million for the coming Debbie Smith DNA backlog grant pro- preprinted in the CONGRESSIONAL fiscal year to $146 million, and my gram. And I applaud all like-minded RECORD on June 15. amendment would restore it to 151. men who are standing up in leadership The CHAIR. The Clerk will designate While I understand the budgetary roles to fund what many have called the amendment. constraints faced by the Appropria- the most important anti-rape violence The text of the amendment is as fol- tions Committee, this program must against women prevention bill ever to lows: not be reduced when these grants mean pass this Congress, the Debbie Smith Amendment No. 31 offered by Mr. NADLER protecting the lives of millions of inno- Act. I particularly applaud my col- of New York: cent Americans and reducing the num- league from New York who has been a Page 45, line 1, after the dollar amount, in- ber of sexual assaults and rapes. gladiator in support of women’s issues, sert ‘‘(reduced by $5,000,000)’’. I want to thank my amendment co- a strong defender and has worked hard Page 45, line 4, after the dollar amount, in- sert ‘‘(reduced by $5,000,000)’’. sponsors, Representatives MICHAUD and to help us in many ways. Page 45, line 13, after the dollar amount, MALONEY, for their help. I urge all I applaud Congressman MOLLOHAN for insert ‘‘(reduced by $5,000,000)’’. Members to support the amendment. providing $146 million earlier this year

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15444 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 for the Debbie Smith grant program. I (including the Statewide Automated Victim ally-designated Items’’ in the report of the must say that this bill, which I au- Notification Program); $226,000,000, to re- Committee on Appropriations of the House thored with Mark Green on the other main available until expended, of which: of Representatives to accompany this Act ; side of the aisle, was truly a bipartisan (1) $60,000,000 is for criminal justice statis- (5) $40,000,000 for competitive grants to im- tics programs, and other activities, as au- prove the functioning of the criminal justice mission, and it has saved lives. Every thorized by title I of part C of the 1968 Act, system, to prevent or combat juvenile delin- single unprocessed rape kit represents of which $41,000,000 is for the National Crime quency, and to assist victims of crime (other a victim who has been denied justice Victimization Survey; and than compensation); and a predator who remains at large, (2) $48,000,000 is for research, development, (6) $2,000,000 for the purposes described in free to attack other women. The pro- and evaluation programs, and other activi- the Missing Alzheimer’s Disease Patient gram’s funding has been increased by ties as authorized by part B of title I of the Alert Program (section 240001 of the 1994 $5 million for fiscal year 2010. 1968 Act; Act); (7) $10,000,000 for victim services programs It has been an honor working with (3) 12,000,000 is for the Statewide Victim Notification System of the Bureau of Justice for victims of trafficking, as authorized by my good friends to deliver full funding Assistance; section 107(b)(2) of Public Law 106–386 and for for this vital anti-crime, protection-of- (4) $45,000,000 is for the Regional Informa- programs authorized under Public Law 109– women, anti-rape legislation. I urge my tion Sharing System, as authorized by part 164; colleagues to stand with us and support M of title I of the 1968 Act; and (8) $45,000,000 for Drug Courts, as author- this important amendment. I applaud (5) $61,000,000 is for the Missing Children’s ized by section 1001(25)(A) of title I of the my like-minded male leaders who have Program, as authorized by sections 404(b) 1968 Act; and 405(a) of the 1974 Act. (9) $7,000,000 for a program to monitor pre- stood so strong to protect and defend scription drugs and scheduled listed chem- STATE AND LOCAL LAW ENFORCEMENT women from violence and one of the ical products; ASSISTANCE worst crimes of all—rape. (10) $15,000,000 for prison rape prevention Mr. WOLF. I yield back the balance For grants, contracts, cooperative agree- and prosecution and other programs, as au- ments, and other assistance authorized by of my time. thorized by the Prison Rape Elimination Act the Violent Crime Control and Law Enforce- of 2003 (Public Law 108–79); Mr. NADLER of New York. I yield ment Act of 1994 (Public Law 103–322) (‘‘the myself the balance of my time. (11) $30,000,000 for grants for Residential 1994 Act’’); the Omnibus Crime Control and Substance Abuse Treatment for State Pris- Mr. Chairman, in closing I want to Safe Streets Act of 1968 (‘‘the 1968 Act’’); the oners, as authorized by part S of title I of the thank Chairman MOLLOHAN for accept- Justice for All Act of 2004 (Public Law 108– 1968 Act; ing the amendment, I want to thank 405); the Victims of Child Abuse Act of 1990 (12) $5,500,000 for the Capital Litigation Im- the gentleman from Virginia for not (Public Law 101–647) (‘‘the 1990 Act’’); the provement Grant Program, as authorized by Trafficking Victims Protection Reauthoriza- opposing it, and I want to encourage section 426 of Public Law 108–405, and for tion Act of 2005 (Public Law 109–164); the Vio- grants for wrongful conviction review; all Members to support this important lence Against Women and Department of increase in funding so we can reduce (13) $12,000,000 for mental health courts and Justice Reauthorization Act of 2005 (Public adult and juvenile collaboration program the DNA testing backlog, we can put Law 109–162); the Adam Walsh Child Protec- grants, as authorized by parts V and HH of guilty people behind bars, we can free tion and Safety Act of 2006 (Public Law 109– title I of the 1968 Act, and the Mentally Ill innocent people, we can prevent future 248); and the Victims of Trafficking and Vio- Offender Treatment and Crime Reduction rapes and sexual assaults, and make lence Protection Act of 2000 (Public Law 106– Reauthorization and Improvement Act of 386); the Second Chance Act of 2007 (Public our country safer. 2008 (Public Law 110–416); Law 110–199); the Prioritizing Resources and (14) $47,000,000 for assistance to Indian I yield back the balance of my time. Organization for Intellectual Property Act of The CHAIR. The question is on the tribes, of which— 2008 (Public Law 110–403); and other pro- (A) $10,000,000 shall be available for grants amendment offered by the gentleman grams; $1,312,500,000, to remain available under section 20109 of subtitle A of title II of from New York (Mr. NADLER). until expended as follows: the 1994 Act; The question was taken; and the (1) $529,000,000 for the Edward Byrne Memo- (B) $25,000,000 shall be available for the Chair announced that the ayes ap- rial Justice Assistance Grant program as au- Tribal Courts Initiative; and peared to have it. thorized by subpart 1 of part E of title I of (C) $12,000,000 shall be available for tribal the 1968 Act, (except that section 1001(c), and Mr. BROUN of Georgia. Mr. Chair- alcohol and substance abuse reduction as- the special rules for Puerto Rico under sec- sistance grants; man, I demand a recorded vote. tion 505(g), of the 1968 Act, as amended, shall The CHAIR. Pursuant to clause 6 of (15) $20,000,000 for economic, high tech- not apply for purposes of this Act), of which nology and Internet crime prevention grants, rule XVIII, further proceedings on the $5,000,000 is for use by the National Institute as authorized by Section 401 of Public Law amendment offered by the gentleman of Justice in assisting units of local govern- 110–403; from New York will be postponed. ment to identify, select, develop, modernize, (16) $15,000,000 for the court-appointed spe- The Clerk will read. and purchase new technologies for use by law cial advocate program, as authorized by sec- The Clerk read as follows: enforcement, $2,000,000 is for a program to tion 217 of the 1990 Act; improve State and local law enforcement in- (17) $2,500,000 for child abuse training pro- JUSTICE ASSISTANCE telligence capabilities including grams for judicial personnel and practi- For grants, contracts, cooperative agree- antiterrorism training and training to en- tioners, as authorized by section 222 of the ments, and other assistance authorized by sure that constitutional rights, civil lib- 1990 Act; title I of the Omnibus Crime Control and erties, civil rights, and privacy interests are (18) $3,000,000 for grants to improve the Safe Streets Act of 1968 ‘‘the 1968 Act’’; the protected throughout the intelligence proc- stalking and domestic violence database, as Juvenile Justice and Delinquency Preven- ess, and $10,000,000 is for activities related to authorized by section 40602 of the 1994 Act; tion Act of 1974 ‘‘the 1974 Act’’; the Missing comprehensive criminal justice reform and (19) $1,000,000 for analysis and research on Children’s Assistance Act (42 U.S.C. 5771 et recidivism reduction efforts by States: violence against Indian women, as author- seq.); the Prosecutorial Remedies and Other (2) $300,000,000 for the State Criminal Alien ized by section 904 of the 2005 Act; Tools to end the Exploitation of Children Assistance Program, as authorized by sec- (20) $3,500,000 for training programs as au- Today Act of 2003 (Public Law 108–21); the tion 241(i)(5) of the Immigration and Nation- thorized by section 40152 of the 1994 Act, and Justice for All Act of 2004 (Public Law 108– ality Act (8 U.S.C. 1231(i)(5)); for related local domonstration projects; 405); the Violence Against Women and De- (3) $30,000,000 for the Southwest Border (21) $1,000,000 for grants for televised testi- partment of Justice Reauthorization Act of Prosecutor Initiative to reimburse State, mony, as authorized by part N of title I of 2005 (Public Law 109–162); the Victims of county, parish, tribal, or municipal govern- the 1968 Act; Child Abuse Act of 1990 (Public Law 101–647); ments for costs associated with the prosecu- (22) $15,000,000 for programs to reduce gun the Second Chance Act of 2007 (Public Law tion of criminal cases declined by local of- crime and gang violence; 110–199); the Victims of Crime Act of 1984 fices of the United States Attorneys; (23) $25,000,000 for the matching grant pro- (Public Law 98–473); the Adam Walsh Child (4) $124,000,000 for discretionary grants to gram for law enforcement armor vests, as Protection and Safety Act of 2006 (Public improve the functioning of the criminal jus- authorized by section 2501 of title I of the Law 109–248); the PROTECT Our Children Act tice system, to prevent or combat juvenile 1968 Act: Provided, That $1,500,000 is for re- of 2008 (Public Law 110–401); subtitle D of delinquency, and to assist victims of crime lated research, testing, and evaluation pro- title II of the Homeland Security Act of 2002 (other than compensation) which shall be grams; (Public Law 107–296), which may include re- used for the projects, and in the amounts (24) $20,000,000 for grants to assist State search and development; and other programs specified in the table titled ‘‘Congression- and tribal governments as authorized by the

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15445 NICS improvement Amendment Act of 2007 uation, and statistics activities designed to mentoring and transitional services, (Public Law 110–180); and benefit the programs or activities author- $10,000,000 is for re-entry courts, $7,500,000 is (25) $10,000,000 for the National Criminal ized: Provided further, That not more than 2 for family-based substance abuse treatment, History Improvment program for grants to percent of each amount may be used for $2,500,000 is for evaluation and improvement upgrade criminal records: training and technical assistance: Provided of education at prisons, jails, and juvenile fa- Provided, That if a unit of local government further, That the previous two provisos shall cilities, $5,000,000 is for technology careers uses any of the funds made available under not apply to grants and projects authorized training demonstration grants, $13,000,000 is this heading to increase the number of law by sections 261 and 262 of the 1974 Act. for offender reentry substance abuse and enforcement officers, the unit of local gov- PUBLIC SAFETY OFFICER BENEFITS criminal justice collaboration, and $10,000,000 ernment will achieve a net gain in the num- is for prisoner reentry research; ber of law enforcement officers who perform For payments and expenses authorized (4) $151,000,000 for DNA related and forensic non-administrative public sector safety serv- under section 1001(a)(4) of title I of the Omni- programs and activities as follows: ice. bus Crime Control and Safe Streets Act of (A) $146,000,000 for a DNA analysis and ca- 1968 , such sums as are necessary (including WEED AND SEED PROGRAM FUND pacity enhancement program and for other amounts for administrative costs, which local, state, and Federal forensic activities For necessary expenses, including salaries amounts shall be paid to the ‘‘Salaries and and related expenses of the Office of Weed including the purposes of section 2 of the Expenses’’ account), to remain available DNA Analysis Backlog Elimination Act of and Seed Strategies, $15,000,000, to remain until expended; and $5,000,000 for payments available until expended, as authorized by 2000 (the Debbie Smith DNA Backlog Grant authorized by section 1201(b) of such Act to section 103 of title I of the Omnibus Crime Program); and remain available until expended; and Control and Safe Streets Act of 1968. (B) $5,000,000 for the purposes described in $4,100,000 for educational assistance, as au- the Kirk Bloodsworth Post-Conviction DNA JUVENILE JUSTICE PROGRAMS thorized by section 1218 of such Act to re- Testing Program (Public Law 108–405, section For grants, contracts, cooperative agree- main available until expended. 412); ments, and other assistance authorized by COMMUNITY ORIENTED POLICING SERVICES (5) $40,000,000 for improving tribal law en- the Juvenile Justice and Delinquency Pre- forcement, including equipment and train- vention Act of 1974 (‘‘the 1974 Act’’), the Om- For activities authorized by the Violent ing; nibus Crime Control and Safe Streets Act of Crime Control and Law Enforcement Act of (6) $14,000,000 for Community Policing De- 1968 (‘‘the 1968 Act’’), the Violence Against 1994 (Public Law 103–322); the Omnibus Crime velopment activities; Women and Department of Justice Reauthor- Control and Safe Streets Act of 1968 (‘‘the (7) $28,000,000 for a national grant program ization Act of 2005 (Public Law 109–162), the 1968 Act’’); the Violence Against Women and the purpose of which is to assist State and Missing Children’s Assistance Act (42 U.S.C. Department of Justice Reauthorization Act local law enforcement to locate, arrest and 5771 et seq.); the Prosecutorial Remedies and of 2005 (Public Law 109–162); subtitle D of Other Tools to end the Exploitation of Chil- title II of the Homeland Security Act of 2002 prosecute child sexual predators and exploit- dren Today Act of 2003 (Public Law 108–21); (Public Law 107–296), which may include re- ers, and to enforce sex offender registration the Victims of Child Abuse Act of 1990 (Pub- search and development; and the USA PA- laws described in section 1701(b) of the 1968 lic Law 101–647); the Adam Walsh Child Pro- TRIOT Improvement and Reauthorization Act, of which: tection and Safety Act of 2006 (Public Law Act of 2005 (Public Law 109–177); the Second (A) $15,000,000 is for sex offender manage- 109–248); the PROTECT Our Children Act of Chance Act of 2007 (Public Law 110–199); the ment assistance as authorized by the Adam 2008 (Public Law 110–401), and other juvenile NICS Improvement Amendments Act of 2007 Walsh Act and the Violent Crime Control justice programs, $385,000,000, to remain (Public Law 110–180); the Adam Walsh Child Act of 1994 (Public Law 103–322); and available until expended as follows: Protection and Safety Act of 2006 (Public (B) $1,000,000 is for the National Sex Of- (1) $75,000,000 for programs authorized by Law 109–248) (the ‘‘Adam Walsh Act’’); and fender Public Registry; section 221 of the 1974 Act, and for training the Justice for All Act of 2004 (Public Law (8) $16,000,000 for expenses authorized by and technical assistance to assist small, non- 108–405), $802,000,000, to remain available part AA of the 1968 Act (Secure our Schools); profit organizations with the Federal grants until expended: Provided, That any balances and process; made available through prior year (9) $298,000,000 for grants under section 1701 (2) $68,000,000 for grants and projects, as au- deobligations shall only be available in ac- of title I of the 1968 Act (42 U.S.C. 3796dd) for thorized by sections 261 and 262 of the 1974 cordance with section 505 of this Act. Of the the hiring and rehiring of additional career Act which shall be used for the projects, and amount provided (which shall be by transfer, law enforcement officers under part Q of in the amounts, specified in the table titled for programs administered by the Office of such title nothwithstanding subsection (g) ‘‘Congressionally-designated items’’ in the Justice Programs)— and (i) of such section and notwitstanding 42 report of the Committee on Appropriations (1) $32,000,000 for grants to entities de- U.S.C. 3796dd–3(c). of the House of Representatives to accom- scribed in section 1701 of title I of the 1968 GENERAL PROVISIONS—DEPARTMENT OF pany this Act; Act, to address public safety and meth- JUSTICE (3) $80,000,000 for youth mentoring grants; amphetamine manufacturing, sale, and use SEC. 201. In addition to amounts otherwise (4) $62,000,000 for delinquency prevention, in hot spots, and for other anti-methamphet- made available in this title for official recep- as authorized by section 505 of the 1974 Act, amine-related activities: Provided, That tion and representation expenses, a total of of which, pursuant to sections 261 and 262 within the amounts appropriated, $17,900,000 not to exceed $75,000 from funds appropriated thereof— shall be used for the projects, and in the to the Department of Justice in this title (A) $25,000,000 shall be for the Tribal Youth amounts, specified in the table titled ‘‘Con- shall be available to the Attorney General Program; gressionally-designated Items’’ in the report for official reception and representation ex- (B) $10,000,000 shall be for a gang education of Committee on Appropriations of the penses. initiative; and House of Representatives to accompany this SEC. 202. None of the funds appropriated by (C) $25,000,000 shall be for grants of $360,000 Act: Provided further That within the this title shall be available to pay for an to each State and $4,840,000 shall be available amounts appropriated, $10,000,000 shall be abortion, except where the life of the mother for discretionary grants, for programs and transferred to the Drug Enforcement Admin- would be endangered if the fetus were carried activities to enforce State laws prohibiting istration upon enactment of this Act: Pro- to term, or in the case of rape: Provided, That should this prohibition be declared un- the sale of alcoholic beverages to minors or vided further, That within the amounts ap- constitutional by a court of competent juris- the purchase or consumption of alcoholic propriated, $5,000,000 is for anti-methamphet- diction, this section shall be null and void. beverages by minors, for prevention and re- amine-related activities in Indian Country; SEC. 203. None of the funds appropriated (2) $123,000,000 is for a law enforcement duction of consumption of alcoholic bev- under this title shall be used to require any technologies and interoperable communica- erages by minors, and for technical assist- person to perform, or facilitate in any way tions program, and related law enforcement ance and training; the performance of, any abortion. (5) $20,000,000 for programs authorized by and public safety equipment which shall be SEC. 204. Nothing in the preceding section the Victims of Child Abuse Act of 1990; and used for the projects, and in the amounts, shall remove the obligation of the Director (6) $55,000,000 for the Juvenile Account- specified in the table titled ‘‘Congression- of the Bureau of Prisons to provide escort ability Block Grants program as authorized ally-designated items’’ in the report of the services necessary for a female inmate to re- by part R of title I of the 1968 Act and Guam Committee on Appropriations of the House ceive such service outside the Federal facil- shall be considered a State: of Representatives to accompany this Act; ity: Provided, That nothing in this section in (7) $18,000,000 for Community-based vio- (3) $100,000,000 for offender re-entry pro- any way diminishes the effect of section 203 lence prevention initiatives; and— grams, as authorized by the Second Chance intended to address the philosophical beliefs (8) $7,000,000 for the Safe Start Program, as Act of 2007 (Public Law 110–199), of which of individual employees of the Bureau of authorized by the 1974 Act: $37,000,000 is for grants for adult and juvenile Prisons. Provided, That not more than 10 percent of offender state and local re-entry demonstra- SEC. 205. Not to exceed 5 percent of any ap- each amount may be used for research, eval- tion projects, $15,000,000 is for grants for propriation made available for the current

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.000 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15446 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 fiscal year for the Department of Justice in the salary, benefits, or expenses of any TITLE III this Act may be transferred between such ap- United States Attorney assigned dual or ad- SCIENCE propriations, but no such appropriation, ex- ditional responsibilities by the Attorney OFFICE OF SCIENCE AND TECHNOLOGY POLICY cept as otherwise specifically provided, shall General or his designee that exempt that For necessary expenses of the Office of be increased by more than 10 percent by any United States Attorney from the residency Science and Technology Policy, in carrying such transfers: Provided, That any transfer requirements of 28 U.S.C. 545. out the purposes of the National Science and pursuant to this section shall be treated as a SEC. 214. None of the funds appropriated in Technology Policy, Organization, and Prior- reprogramming of funds under section 505 of this or any other Act shall be obligated for ities Act of 1976 (42 U.S.C. 6601–6671), hire of this Act and shall not be available for obliga- the initiation of a future phase of the Fed- passenger motor vehicles, and services as au- tion except in compliance with the proce- eral Bureau of Investigation’s Sentinel pro- thorized by 5 U.S.C. 3109, not to exceed $2,800 dures set forth in that section. gram until the Attorney General certifies to for official reception and representation ex- SEC. 206. The Attorney General is author- the Committees on Appropriations that ex- penses, and rental of conference rooms in the ized to extend through September 30, 2011, isting phases currently under contract for District of Columbia, $7,154,000. the Personnel Management Demonstration development or fielding have completed a NATIONAL AERONAUTICS AND SPACE Project transferred to the Attorney General majority of the work for that phase under ADMINISTRATION pursuant to section 1115 of the Homeland Se- the performance measurement baseline vali- curity Act of 2002, Public Law 107–296 (6 dated by the integrated baseline review con- SCIENCE U.S.C. 533) without limitation on the number ducted in 2008: Provided, That this restriction For necessary expenses, not otherwise pro- of employees or the positions covered. does not apply to planning and design activi- vided for, in the conduct and support of SEC. 207. Notwithstanding any other provi- ties for future phases: Provided further, That science research and development activities, sion of law, Public Law 102–395 section 102(b) the Bureau will notify the Committees on including research, development, operations, shall extend to the Bureau of Alcohol, To- Appropriations of any significant changes to support, and services; maintenance; space bacco, Firearms and Explosives in the con- the baseline. flight, spacecraft control, and communica- duct of undercover investigative operations tions activities; program management; per- SEC. 215. In addition to any amounts that and shall apply without fiscal year limita- sonnel and related costs, including uniforms otherwise may be available (or authorized to tion with respect to any undercover inves- or allowances therefor, as authorized by 5 be made available) by law, with respect to tigative operation by the Bureau of Alcohol, U.S.C. 5901–5902; travel expenses; purchase funds appropriated by this Act under the Tobacco, Firearms and Explosives that is and hire of passenger motor vehicles; and headings for ‘‘Justice Assistance’’, ‘‘State necessary for the detection and prosecution purchase, lease, charter, maintenance, and and Local Law Enforcement Assistance’’, of crimes against the United States. operation of mission and administrative air- ‘‘Weed and Seed’’, ‘‘Juvenile Justice Pro- SEC. 208. None of the funds made available craft, $4,496,100,000, of which not to exceed grams’’, and ‘‘Community Oriented Policing to the Department of Justice in this Act $450,000,000 shall remain available until Sep- Services’’— may be used for the purpose of transporting tember 30, 2011. (a) Up to three percent of funds made an individual who is a prisoner pursuant to available to the office of Justice Programs AERONAUTICS conviction for crime under State or Federal for grants or reimbursement may be used to For necessary expenses, not otherwise pro- law and is classified as a maximum or high provide training and technical assistance; vided for, in the conduct and support of aero- security prisoner, other than to a prison or and nautics research and development activities, other facility certified by the Federal Bu- (b) Up to one percent of funds made avail- including research, development, operations, reau of Prisons as appropriately secure for able to such Office for formula grants under support, and services; maintenance; space housing such a prisoner. such headings may be used for research or flight, spacecraft control, and communica- SEC. 209. (a) None of the funds appropriated statistical purposes by the National Insti- tions activities; program management; per- by this Act may be used by Federal prisons tute of Justice or the Bureau of Justice Sta- sonnel and related costs, including uniforms to purchase cable television services, to rent tistics, pursuant to, respectively, sections or allowances therefor, as authorized by 5 or purchase videocassettes, videocassette re- 201 and 202, and sections 301 and 302 of title U.S.C. 5901–5902; travel expenses; purchase corders, or other audiovisual or electronic I of Public Law 90–351. and hire of passenger motor vehicles; and equipment used primarily for recreational purchase, lease, charter, maintenance, and purposes. SEC. 216. The Attorney General may, upon request by a grantee, waive the requirements operation of mission and administrative air- (b) The preceding sentence does not pre- craft, $501,000,000, of which not to exceed clude the renting, maintenance, or purchase of paragraph (1) of section 2976(g) of the Om- nibus Crime Control and Safe Streets Act of $50,000,000 shall remain available until Sep- of audiovisual or electronic equipment for tember 30, 2011. inmate training, religious, or educational 1968 (42 U.S.C. 3797w(g)(1)) with respect to EXPLORATION programs. funds appropriated in this or any other Act SEC. 210. None of the funds made available making appropriations for fiscal year 2009 For necessary expenses, not otherwise pro- under this title shall be obligated or ex- and 2010 for Adult and Juvenile Offender vided for, in the conduct and support of ex- pended for Sentinel, or for any other major State and Local Reentry Demonstration ploration research and development activi- new or enhanced information technology Projects authorized under part FF of such ties, including research, development, oper- program having total estimated development Act of 1968. ations, support, and services; maintenance; costs in excess of $100,000,000, unless the Dep- SEC. 217. Section 5759 of title 5, United space flight, spacecraft control, and commu- uty Attorney General and the investment re- States Code, is amended by striking sub- nications activities; program management, view board certify to the Committees on Ap- section (e). personnel and related costs, including uni- forms or allowances therefor, as authorized propriations that the information tech- SEC. 218. (a) Subchapter IV of chapter 57 of by 5 U.S.C. 5901–5902; travel expenses; pur- nology program has appropriate program title 5, United States Code, is amended by chase and hire of passenger motor vehicles; management and contractor oversight mech- adding at the end the following: anisms in place, and that the program is and purchase, lease, charter, maintenance, compatible with the enterprise architecture ‘‘§ 5761. Foreign language proficiency pay and operation of mission and administrative of the Department of Justice. awards for the Federal Bureau of Investiga- aircraft, $3,293,200,000, of which not to exceed SEC. 211. The notification thresholds and tion $330,000,000 shall remain available until Sep- procedures set forth in section 505 of this Act ‘‘The Director of the Federal Bureau of In- tember 30, 2011. shall apply to deviations from the amounts vestigation may, under regulations pre- SPACE OPERATIONS designated for specific activities in this Act scribed by the Director, pay a cash award of For necessary expenses, not otherwise pro- and accompanying statement, and to any use up to 10 percent of basic pay to any Bureau vided for, in the conduct and support of of deobligated balances of funds provided employee who maintains proficiency in a space operations research and development under this title in previous years. language or languages critical to the mission activities, including research, development, SEC. 212. None of the funds appropriated by or who uses one or more foreign languages in operations, support and services; space this Act may be used to plan for, begin, con- the performance of official duties.’’. flight, spacecraft control and communica- tinue, finish, process, or approve a public- (b) The analysis for chapter 57 of title 5, tions activities including operations, produc- private competition under the Office of Man- United States Code, is amended by adding at tion, and services; maintenance; program agement and Budget Circular A–76 or any the end the following: management; personnel and related costs, in- successor administrative regulation, direc- cluding uniforms or allowances therefor, as tive, or policy for work performed by em- ‘‘5761. Foreign language proficiency pay authorized by 5 U.S.C. 5901–5902; travel ex- ployees of the Bureau of Prisons or of Fed- awards for the Federal Bureau penses; purchase and hire of passenger motor eral Prison Industries, Incorporated. of Investigation.’’. vehicles; and purchase, lease, charter, main- SEC. 213. Notwithstanding any other provi- This title may be cited as the ‘‘Department tenance and operation of mission and admin- sion of law, no funds shall be available for of Justice Appropriations Act, 2010’’. istrative aircraft, $6,097,300,000, of which not

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to exceed $610,000,000 shall remain available OFFICE OF INSPECTOR GENERAL thorized travel, $114,290,000, to remain avail- until September 30, 2011: Provided, That of For necessary expenses of the Office of In- able until expended: Provided, That none of the amounts provided under this heading, spector General in carrying out the Inspec- the funds may be used to reimburse the $3,157,100,000 shall be for Space Shuttle oper- tor General Act of 1978, $35,000,000. Judgment fund. ations, production, research, development, EDUCATION AND HUMAN RESOURCES ADMINISTRATIVE PROVISIONS and support, $2,267,000,000 shall be for Inter- For necessary expenses in carrying out Funds for announced prizes otherwise au- national Space Station operations, produc- science, mathematics and engineering edu- thorized shall remain available, without fis- tion, research, development, and support, cation and human resources programs and cal year limitation, until the prize is and $496,500,000 shall be for Space and Flight activities pursuant to the National Science claimed or the offer is withdrawn. Support. Foundation Act of 1950, as amended (42 Not to exceed 5 percent of any appropria- EDUCATION U.S.C. 1861–1875), including services as au- tion made available for the current fiscal thorized by 5 U.S.C. 3109, authorized travel, For necessary expenses, not otherwise pro- year for the National Aeronautics and Space vided for, in carrying out aerospace and and rental of conference rooms in the Dis- Administration in this Act may be trans- trict of Columbia, $862,900,000, to remain aeronautical education research and develop- ferred between such appropriations, but no ment activities, including research, develop- available until September 30, 2011: Provided such appropriation, except as otherwise spe- further, That not less than $65,000,000 shall be ment, operations, support, and services; pro- cifically provided, shall be increased by more gram management; personnel and related available until expended for activities au- than 10 percent by any such transfers. Any thorized by section 7030 of Public Law 110–69. costs, uniforms or allowances therefor, as transfer pursuant to this provision shall be AMENDMENT NO. 35 OFFERED BY MS. EDDIE authorized by 5 U.S.C. 5901–5902; travel ex- treated as a reprogramming of funds under BERNICE JOHNSON OF TEXAS penses; purchase and hire of passenger motor section 505 of this Act and shall not be avail- vehicles; and purchase, lease, charter, main- able for obligation except in compliance with Ms. EDDIE BERNICE JOHNSON of tenance, and operation of mission and ad- the procedures set forth in that section. Texas. Mr. Chair, I have an amendment ministrative aircraft, $175,000,000, to remain Nothwithstanding any other provision of at the desk. available until September 30, 2011. law, no funds shall be used to implement by The CHAIR. The Clerk will designate CROSS AGENCY SUPPORT Reduction in Force or other involuntary sep- the amendment. For necessary expenses, not otherwise pro- arations (except for cause) by the National The text of the amendment is as fol- vided for, in the conduct and support of Aeronautics and Space Administration prior lows: science, aeronautics, exploration, space oper- to September 30, 2010. Amendment No. 35 offered by Ms. EDDIE ations and education research and develop- The unexpired balances of the Science, BERNICE JOHNSON of Texas: ment activities, including research, develop- Aeronautics, and Exploration account, for Page 75, line 7, insert ‘‘: Provided further, ment, operations, support, and services; activities for which funds are provided under That not less than $32,000,000 shall be avail- maintenance; space flight, spacecraft con- this Act, may be transferred to the new ac- able until expended for the Historically trol, and communications activities; pro- counts established in this Act that provide Black Colleges and Universities Under- gram management; personnel and related such activity. Balances so transferred shall graduate Program’’ before the period. costs, including uniforms or allowances be merged with the funds in the newly estab- The CHAIR. Pursuant to House Reso- therefor, as authorized by 5 U.S.C. 5901–5902; lished accounts, but shall be available under lution 552, the gentlewoman from travel expenses; purchase and hire of pas- the same terms, conditions and period of senger motor vehicles; not to exceed $70,000 time as previously appropriated. Texas (Ms. EDDIE BERNICE JOHNSON) and a Member opposed each will con- for official reception and representation ex- NATIONAL SCIENCE FOUNDATION penses; and purchase, lease, charter, mainte- trol 5 minutes. nance, and operation of mission and adminis- RESEARCH AND RELATED ACTIVITIES The Chair recognizes the gentle- trative aircraft, $3,164,000,000: Provided, That For necessary expenses in carrying out the woman from Texas. $2,182,900,000 shall be available for center National Science Foundation Act of 1950, as Ms. EDDIE BERNICE JOHNSON of management and operations: Provided fur- amended (42 U.S.C. 1861–1875), and the Act to Texas. Mr. Chairman, the amendment ther, That notwithstanding 42 U.S.C. 2459j, establish a National Medal of Science (42 is to the section of the bill pertaining U.S.C. 1880–1881); services as authorized by 5 proceeds from enhanced use leases that may to the National Science Foundation. be made available for obligation for fiscal U.S.C. 3109; maintenance and operation of year 2010 shall not exceed $0: Provided fur- aircraft and purchase of flight services for Education activities at the National ther, That each annual budget request shall research support; acquisition of aircraft; and Science Foundation are appropriated include an annual estimate of gross receipts authorized travel; $5,642,110,000, to remain at more than $862 million. My amend- and collections and proposed use of all funds available until September 30, 2011, of which ment simply states that of the collected pursuant to 42 U.S.C. 2459j: Provided not to exceed $570,000,000 shall remain avail- amounts appropriated for National further, That not less than $50,000,000 shall be able until expended for polar research and Science Foundation education activi- available for independent verification and operations support, and for reimbursement ties, $32 million shall be used for the to other Federal agencies for operational and validation activities: Provided further, That Historically Black Colleges and Uni- within the amounts appropriated $15,700,000 science support and logistical and other re- shall be used for the projects, and in the lated activities for the United States Ant- versities undergraduate program. The amounts, specified in the table titled ‘‘Con- arctic program: Provided, That from funds Congressional Budget Office has ad- gressionally-designated Items’’ in the report specified in the fiscal year 2010 budget re- vised that the amendment will not af- of the Committee on Appropriations of the quest for icebreaking services, up to fect the overall spending in this bill. House of Representatives to accompany this $54,000,000 shall be available for the procure- The funding amount is equal to a mod- Act. ment of polar icebreaking services: Provided est 1.6 percent increase from last year’s further, That the National Science Founda- CONSTRUCTION AND ENVIRONMENTAL funding. It has been recommended by COMPLIANCE AND REMEDIATION tion shall only reimburse the Coast Guard for such sums as are agreed to according to the administration and by the National For necessary expenses for construction of the existing memorandum of agreement: Pro- Science Foundation. facilities including repair, rehabilitation, re- vided further, That receipts for scientific sup- I, along with my colleagues on the vitalization, and modification of facilities, port services and materials furnished by the Congressional Black Caucus Education construction of new facilities and additions National Research Centers and other Na- Task Force, believe that educational to existing facilities, facility planning and tional Science Foundation supported re- design, and restoration, and acquisition or opportunities are a key for our na- search facilities may be credited to this ap- condemnation of real property, as authorized tional prosperity. ‘‘Give a man a fish, propriation: Provided further, That not less by law, and environmental compliance and you feed him for today. Teach a man to than $147,120,000 shall be available for activi- restoration, $441,700,000, to remain available fish, and you have fed him for a life- ties authorized by section 7002(b)(2)(A)(iv) of until September 30, 2015: Provided, That with- Public Law 110–69. time.’’ in the funds provided, $12,600,000 shall be Support for the Historically Black available to support science research and de- MAJOR RESEARCH EQUIPMENT AND FACILITIES Colleges and Universities under- CONSTRUCTION velopment activities; $69,900,000 shall be graduate program is an investment in available to support exploration research For necessary expenses for the acquisition, our human capital. This competitive and development activities; $26,800,000 shall construction, commissioning, and upgrading be available to support space operations re- of major research equipment, facilities, and grant program awards funds for cur- search and development activities; and other such capital assets pursuant to the Na- riculum enhancement, faculty develop- $332,400,000 shall be available for cross agen- tional Science Foundation Act of 1950, as ment, undergraduate research, and in- cy support activities. amended (42 U.S.C. 1861–1875), including au- stitutional collaborations. Funds are

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15448 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 used to encourage undergraduate stu- get more attention on the issue on di- electronic votes will be conducted as 5- dents to pursue careers in science, versity. We are gaining momentum. We minute votes. technology, engineering and math— cannot ignore the fact that great dis- AMENDMENT NO. 19 OFFERED BY MS. BORDALLO also called STEM fields. parities in STEM education and career The CHAIR. The unfinished business Grants may also be used for initia- achievement still persist. is the demand for a recorded vote on tives to provide educational opportuni- The good news is that Historically the amendment offered by the gentle- ties to develop well-educated math and Black Colleges and Universities are woman from Guam (Ms. BORDALLO) on science teachers. The funding level powerhouses when it comes to pro- which further proceedings were post- specified in my amendment will pro- ducing talented, well-educated science poned and on which the ayes prevailed vide for an estimated two to four new and math Ph.D. graduates. In 2006, 866 by voice vote. teacher development projects. Highly doctoral degrees in science and engi- The Clerk will redesignate the qualified teachers have a firm grasp on neering were awarded to black stu- amendment. the subject matter. They are able to dents. One-third of those Ph.D.s were The Clerk redesignated the amend- capture their students’ imaginations awarded at a Historically Black Col- ment. and get them excited about science. lege or University. RECORDED VOTE They demonstrate to the student that b 1630 creative inquiry and rigorous inves- The CHAIR. A recorded vote has been tigation are the true heart of science. As you can see, these institutions demanded. They stimulate, invigorate and inform provide a relatively large portion of A recorded vote was ordered. their students of the value and accessi- our terminal-degreed, minority STEM The vote was taken by electronic de- bility of a career in STEM. workforce. This educational model vice, and there were—ayes 411, noes 14, There is a shortage of math and shall be rewarded with strong and sus- not voting 14, as follows: science teacher-experts, especially in tained support. [Roll No. 353] high-need school districts. Data by Dr. About a year ago, I started the House AYES—411 Historically Black Colleges and Uni- Michael Marder at the University of Abercrombie Castor (FL) Gallegly Texas has shown that African Amer- versities Caucus because I believe that Ackerman Chaffetz Garrett (NJ) ican students fall behind in math test these institutions deserve more atten- Aderholt Chandler Gerlach tion for the good work that they do, Akin Childers Gingrey (GA) performance, beginning in the fifth Altmire Christensen Gohmert grade. Experts have testified before the and I’m not a graduate of any of them. Andrews Clarke Gonzalez Commerce-Science-Justice Sub- That is why I am proud to offer this Austria Clay Goodlatte Baca Cleaver Gordon (TN) committee on this issue, and I am amendment. I offer my voice on behalf of the 12.6 Bachus Clyburn Granger pleased to see report language in sup- Baird Coble Graves million black children in the United port of the greater outreach to stu- Baldwin Coffman (CO) Grayson States. May each and every one of dents at the primary and middle school Barrett (SC) Cohen Green, Al them experience educational excellence Barrow Cole Green, Gene levels. I’m also pleased to see experi- and the real promise of a bright future. Bartlett Conaway Griffith enced-based science funding get more Barton (TX) Conyers Grijalva An investment in STEM education is attention and support. Young, smart Becerra Cooper Guthrie an investment in our future competi- Berkley Costa Gutierrez minority students represent a huge un- tors. I thank the gentleman. Berman Costello Hall (NY) tapped resource for our domestic STEM Berry Courtney Hall (TX) Mr. MOLLOHAN. Will the gentlelady workforce. In the United States, 39 per- Biggert Crenshaw Halvorson yield? cent of the people under age 18 are per- Bilbray Crowley Hare Ms. EDDIE BERNICE JOHNSON of Bilirakis Cuellar Harper sons of color, and this percentage will Texas. I yield. Bishop (GA) Culberson Hastings (FL) continue to increase. There are great Mr. MOLLOHAN. I thank the gentle- Bishop (UT) Dahlkemper Hastings (WA) disparities that exist. Our top-tier sci- Blackburn Davis (AL) Heinrich lady for her leadership in this area Blumenauer Davis (CA) Heller entific workforce suffers from a great with this amendment, and Mr. Chair- Blunt Davis (IL) Hensarling lack of diversity. man, we are inclined to accept the Boccieri Davis (KY) Herger For example, of all the employed amendment. Boehner Deal (GA) Herseth Sandlin Ph.D. engineers in this country, nearly Bonner DeFazio Higgins The CHAIR. The question is on the Bono Mack DeGette Hill 63 percent of them are Anglo, almost 3 amendment offered by the gentle- Boozman Delahunt Himes percent are Hispanic, a pitiful 2 percent woman from Texas (Ms. EDDIE BERNICE Bordallo DeLauro Hinchey are African American, and less than 1 Boren Dent Hinojosa JOHNSON). Boswell Diaz-Balart, L. Hirono percent are Native American. These The question was taken; and the Boucher Diaz-Balart, M. Hoekstra alarming statistics indicate that the Chair announced that the ayes ap- Boustany Dicks Holden current efforts are not enough. African peared to have it. Boyd Dingell Holt American students drop off at every Brady (PA) Doggett Honda Mr. CULBERSON. Mr. Chairman, I Brady (TX) Donnelly (IN) Hoyer juncture in the STEM career pipeline, demand a recorded vote. Braley (IA) Doyle Hunter and we must do more to mitigate this The CHAIR. Pursuant to clause 6 of Bright Dreier Inglis loss. rule XVIII, further proceedings on the Broun (GA) Driehaus Inslee The National Academy of Sciences is Brown (SC) Duncan Israel amendment offered by the gentle- Brown, Corrine Edwards (MD) Issa working to produce a report this fall woman from Texas will be postponed. Brown-Waite, Ehlers Jackson (IL) which will provide policy recommenda- ANNOUNCEMENT BY THE CHAIR Ginny Ellison Jackson-Lee tions on how to promote greater diver- Buchanan Ellsworth (TX) The CHAIR. Pursuant to clause 6 of Burgess Emerson Johnson (GA) sity in the STEM workforce. This re- rule XVIII, proceedings will now re- Burton (IN) Engel Johnson (IL) port will discuss the barriers that mi- sume on those amendments printed in Butterfield Eshoo Johnson, E. B. norities face in the STEM career pipe- the CONGRESSIONAL RECORD on which Buyer Etheridge Johnson, Sam line, and it will provide suggestions on Calvert Faleomavaega Jones further proceedings were postponed, in Camp Fallin Jordan (OH) how to repair the leaks in that pipe- the following order: Campbell Farr Kagen line. The report is of great interest to Amendment No. 19 by Ms. BORDALLO Cantor Fattah Kanjorski me and to my 65 colleagues on the bi- Cao Filner Kaptur of Guam. Capito Flake Kildee partisan House Diversity and Innova- Amendment No. 3 by Ms. MOORE of Capps Fleming Kilpatrick (MI) tive Caucus. Wisconsin. Cardoza Forbes Kilroy We have sent letters to the Budget Amendment No. 41 by Mr. BOSWELL of Carnahan Fortenberry Kind Committee, the Appropriations Com- Iowa. Carson (IN) Foxx King (IA) Carter Franks (AZ) King (NY) mittee and to the Office of Science and The first electronic vote will be con- Cassidy Frelinghuysen Kingston Technology Policy this year to try to ducted as a 15-minute vote. Remaining Castle Fudge Kirk

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15449 Kirkpatrick (AZ) Murphy (CT) Schwartz Messrs. KING of Iowa, ISRAEL, BAR- Hare McCollum Ruppersberger Kissell Murphy (NY) Scott (GA) TON of Texas, TIM MURPHY of Penn- Harper McCotter Rush Klein (FL) Murphy, Patrick Scott (VA) Hastings (FL) McDermott Ryan (OH) Kline (MN) Murphy, Tim Sensenbrenner sylvania, BROUN of Georgia, GARY G. Hastings (WA) McGovern Ryan (WI) Kosmas Murtha Serrano MILLER of California and Ms. Heinrich McHenry Sablan Kratovil Myrick Sessions GRANGER changed their vote from Heller McHugh Salazar Kucinich Nadler (NY) Sestak ‘‘no’’ to ‘‘aye.’’ Hensarling McIntyre Sanchez, Loretta Lamborn Napolitano Shadegg Herger McKeon Sarbanes Lance Neal (MA) Shea-Porter So the amendment was agreed to. Herseth Sandlin McMahon Scalise Langevin Neugebauer Sherman The result of the vote was announced Higgins McMorris Schakowsky Larsen (WA) Norton Shimkus as above recorded. Hill Rodgers Schauer Latham Nunes Shuler Himes McNerney Schiff LaTourette Nye Shuster AMENDMENT NO. 3 OFFERED BY MS. MOORE OF Hinchey Meek (FL) Schmidt Latta Oberstar Simpson WISCONSIN Hinojosa Meeks (NY) Schock Lee (CA) Obey Sires Hirono Melancon Schrader Lee (NY) Olson The CHAIR. The unfinished business Skelton Hodes Mica Schwartz Levin Olver Slaughter is the demand for a recorded vote on Hoekstra Michaud Scott (GA) Lewis (CA) Ortiz Smith (NE) the amendment offered by the gentle- Holden Miller (FL) Scott (VA) Linder Pallone Smith (NJ) Holt Miller (MI) Sensenbrenner Lipinski Pascrell woman from Wisconsin (Ms. MOORE) on Smith (TX) Hoyer Miller (NC) Serrano LoBiondo Pastor (AZ) which further proceedings were post- Smith (WA) Hunter Miller, Gary Sessions Loebsack Paul Snyder poned and on which the ayes prevailed Inglis Miller, George Lofgren, Zoe Paulsen Sestak Souder by voice vote. Inslee Minnick Shadegg Lowey Payne Space Israel Mitchell Lucas Pence The Clerk will redesignate the Shea-Porter Speier Issa Mollohan Sherman Luetkemeyer Perriello Spratt amendment. Jackson (IL) Moore (KS) Luja´ n Peters Shimkus Stark The Clerk redesignated the amend- Jackson-Lee Moore (WI) Shuler Lummis Peterson (TX) Moran (KS) Stearns ment. Shuster Lungren, Daniel Petri Jenkins Moran (VA) Stupak Simpson E. Pierluisi Sutton RECORDED VOTE Johnson (GA) Murphy (CT) Lynch Pingree (ME) Sires Tanner Johnson (IL) Murphy (NY) Mack Pitts The CHAIR. A recorded vote has been Skelton Tauscher Johnson, E. B. Murphy, Patrick Maffei Platts Slaughter Taylor demanded. Johnson, Sam Murphy, Tim Maloney Poe (TX) Smith (NE) Teague A recorded vote was ordered. Jones Murtha Manzullo Polis (CO) Smith (NJ) Terry Jordan (OH) Myrick Marchant Pomeroy The CHAIR. This is a 5-minute vote. Smith (TX) Thompson (CA) Kagen Nadler (NY) Markey (MA) Posey Smith (WA) Thompson (MS) The vote was taken by electronic de- Kanjorski Napolitano Marshall Price (NC) Snyder Thompson (PA) vice, and there were—ayes 425, noes 4, Kaptur Neal (MA) Massa Putnam Souder Thornberry Kildee Neugebauer Matheson Quigley not voting 10, as follows: Space Tiahrt Kilpatrick (MI) Norton Matsui Radanovich [Roll No. 354] Speier Tiberi Kilroy Nunes McCarthy (CA) Rahall Spratt Tierney AYES—425 Kind Nye McCarthy (NY) Rangel King (NY) Oberstar Stark McCaul Rehberg Titus Abercrombie Calvert Dicks Tonko Kingston Obey Stearns McClintock Reichert Ackerman Camp Dingell Kirk Olson Stupak McCollum Reyes Towns Aderholt Campbell Doggett Tsongas Kirkpatrick (AZ) Olver Sutton McCotter Richardson Akin Cantor Donnelly (IN) Kissell Ortiz Tanner McDermott Rodriguez Turner Altmire Cao Doyle Upton Klein (FL) Pallone Tauscher McGovern Roe (TN) Andrews Capito Dreier Kline (MN) Pascrell Taylor McHenry Rogers (AL) Van Hollen Arcuri Capps Driehaus Vela´ zquez Kosmas Pastor (AZ) Teague McHugh Rogers (KY) Austria Capuano Duncan Kratovil Paul Terry McIntyre Rogers (MI) Visclosky Baca Cardoza Edwards (MD) Kucinich Paulsen Thompson (CA) McKeon Rohrabacher Walden Bachus Carnahan Edwards (TX) Lamborn Payne Thompson (MS) McMahon Rooney Wamp Baldwin Carney Ehlers Lance Pence Thompson (PA) McMorris Ros-Lehtinen Wasserman Barrett (SC) Carson (IN) Ellison Langevin Perlmutter Thornberry Rodgers Roskam Schultz Barrow Carter Ellsworth Waters Larsen (WA) Perriello Tiahrt McNerney Ross Bartlett Cassidy Emerson Latham Peters Watson Tiberi Meek (FL) Rothman (NJ) Bean Castle Engel LaTourette Peterson Watt Tierney Meeks (NY) Roybal-Allard Becerra Castor (FL) Eshoo Latta Petri Waxman Titus Melancon Royce Berkley Chaffetz Etheridge Lee (CA) Pierluisi Weiner Tonko Mica Ruppersberger Berman Chandler Faleomavaega Lee (NY) Pingree (ME) Welch Towns Michaud Rush Berry Childers Fallin Levin Pitts Westmoreland Tsongas Miller (FL) Ryan (OH) Biggert Christensen Farr Lewis (CA) Platts Wexler Turner Miller (MI) Ryan (WI) Bilbray Clarke Fattah Linder Poe (TX) Whitfield Upton Miller (NC) Sablan Bilirakis Clay Filner Lipinski Polis (CO) Wilson (OH) Van Hollen Miller, Gary Salazar Bishop (GA) Cleaver Flake LoBiondo Pomeroy Wilson (SC) Vela´ zquez Miller, George Sanchez, Loretta Bishop (NY) Clyburn Fleming Loebsack Posey Visclosky Minnick Sarbanes Wittman Bishop (UT) Coble Forbes Lofgren, Zoe Price (GA) Walden Mitchell Scalise Wolf Blackburn Coffman (CO) Fortenberry Lowey Price (NC) Mollohan Schakowsky Woolsey Blumenauer Cohen Foster Lucas Putnam Walz Moore (KS) Schiff Wu Blunt Conaway Foxx Luetkemeyer Quigley Wamp Moore (WI) Schmidt Yarmuth Boccieri Connolly (VA) Frank (MA) Luja´ n Radanovich Wasserman Moran (KS) Schock Young (AK) Boehner Conyers Franks (AZ) Lummis Rahall Schultz Moran (VA) Schrader Young (FL) Bonner Cooper Frelinghuysen Lungren, Daniel Rangel Waters Bono Mack Costa Fudge Watson NOES—14 E. Rehberg Boozman Costello Gallegly Lynch Reichert Watt Arcuri Foster Perlmutter Bordallo Courtney Garrett (NJ) Mack Reyes Waxman Bean Frank (MA) Price (GA) Boren Crenshaw Gerlach Maffei Richardson Weiner Bishop (NY) Hodes Schauer Boswell Crowley Giffords Maloney Rodriguez Welch Boucher Cuellar Gingrey (GA) Carney Jenkins Walz Manzullo Roe (TN) Westmoreland Connolly (VA) Markey (CO) Boustany Culberson Gohmert Marchant Rogers (AL) Wexler Boyd Cummings Gonzalez Markey (CO) Rogers (KY) Whitfield NOT VOTING—14 Brady (PA) Dahlkemper Goodlatte Markey (MA) Rogers (MI) Wilson (OH) Brady (TX) Davis (AL) Gordon (TN) Adler (NJ) Davis (TN) Larson (CT) Marshall Rohrabacher Wilson (SC) Braley (IA) Davis (CA) Granger Massa Rooney Wittman Alexander Edwards (TX) Lewis (GA) Bright Davis (IL) Graves Bachmann Giffords Sa´ nchez, Linda Matheson Ros-Lehtinen Wolf Broun (GA) Davis (KY) Grayson Matsui Roskam Woolsey Capuano Harman T. Brown (SC) Davis (TN) Green, Al Cummings Kennedy Sullivan McCarthy (CA) Ross Wu Brown, Corrine Deal (GA) Green, Gene McCarthy (NY) Rothman (NJ) Yarmuth Brown-Waite, DeFazio Griffith McCaul Roybal-Allard Young (AK) Ginny DeGette Grijalva McClintock Royce Young (FL) b 1657 Buchanan Delahunt Guthrie Messrs. FRANK of Massachusetts, Burgess DeLauro Gutierrez NOES—4 Burton (IN) Dent Hall (NY) WALZ, and Ms. MARKEY of Colorado Butterfield Diaz-Balart, L. Hall (TX) Baird Cole changed their vote from ‘‘aye’’ to ‘‘no.’’ Buyer Diaz-Balart, M. Halvorson Barton (TX) King (IA)

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15450 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 NOT VOTING—10 Frelinghuysen Luja´ n Rodriguez Wittman Woolsey Yarmuth Fudge Lummis Roe (TN) Wolf Wu Young (FL) Adler (NJ) Honda Sa´ nchez, Linda Gallegly Lungren, Daniel Rogers (AL) Alexander Kennedy T. Garrett (NJ) E. Rogers (KY) NOES—2 Bachmann Larson (CT) Sullivan Gerlach Lynch Harman Lewis (GA) Rogers (MI) Barton (TX) Jenkins Giffords Mack Rohrabacher ANNOUNCEMENT BY THE CHAIR Gingrey (GA) Maffei Rooney NOT VOTING—15 The CHAIR (during the vote). Two Gohmert Maloney Ros-Lehtinen Gonzalez Manzullo Roskam Adler (NJ) Lewis (GA) Schrader minutes remain in this vote. Goodlatte Marchant Ross Alexander Murphy (CT) Shuster Gordon (TN) Markey (CO) Rothman (NJ) Bachmann Neugebauer Sullivan b 1705 Granger Markey (MA) Roybal-Allard Harman Paul Young (AK) Graves Marshall Kennedy Sa´ nchez, Linda Mr. COLE changed his vote from Royce Grayson Massa Ruppersberger Larson (CT) T. ‘‘aye’’ to ‘‘no.’’ Green, Al Matheson Rush Matsui ANNOUNCEMENT BY THE ACTING CHAIR So the amendment was agreed to. Green, Gene Ryan (OH) Griffith McCarthy (CA) Ryan (WI) The Acting CHAIR (Mr. CROWLEY) The result of the vote was announced Grijalva McCarthy (NY) Sablan (during the vote). as above recorded. Guthrie McCaul Salazar Gutierrez McClintock Two minutes remain in this vote. AMENDMENT NO. 41 OFFERED BY MR. BOSWELL Sanchez, Loretta Hall (NY) McCollum Sarbanes The CHAIR. The unfinished business Hall (TX) McCotter b 1712 is the demand for a recorded vote on Halvorson McDermott Scalise Schakowsky Mr. BURGESS changed his vote from amendment No. 41 offered by the gen- Hare McGovern ‘‘no’’ to ‘‘aye.’’ Harper McHenry Schauer tleman from Iowa (Mr. BOSWELL) on Hastings (FL) McHugh Schiff So the amendment was agreed to. which further proceedings were post- Hastings (WA) McIntyre Schmidt The result of the vote was announced poned and on which the ayes prevailed Heinrich McKeon Schock as above recorded. by voice vote. Heller McMahon Schwartz Hensarling McMorris Scott (GA) f The Clerk will redesignate the Herger Rodgers Scott (VA) amendment. Herseth Sandlin McNerney Sensenbrenner PERSONAL EXPLANATION The Clerk redesignated the amend- Higgins Meek (FL) Serrano Mr. LARSON of Connecticut. Mr. Chair, on ment. Hill Meeks (NY) Sessions Himes Melancon Sestak June 17, 2009, I missed rollcall votes 351, RECORDED VOTE Hinchey Mica Shadegg 352, 353, 354 and 355 due to illness. Had I The CHAIR. A recorded vote has been Hinojosa Michaud Shea-Porter been present, I would have voted ‘‘aye’’ on all. demanded. Hirono Miller (FL) Sherman The CHAIR. The Clerk will read. Hodes Miller (MI) Shimkus A recorded vote was ordered. Hoekstra Miller (NC) Shuler The Clerk read as follows: The CHAIR. This will be a 5-minute Holden Miller, Gary Simpson AGENCY OPERATIONS AND AWARD MANAGEMENT Holt Miller, George Sires vote. For agency operations and award manage- The vote was taken by electronic de- Honda Minnick Skelton Hoyer Mitchell Slaughter ment necessary in carrying out the National vice, and there were—ayes 422, noes 2, Hunter Mollohan Smith (NE) Science Foundation Act of 1950, as amended not voting 15, as follows: Inglis Moore (KS) Smith (NJ) (42 U.S.C. 1861–1875); services authorized by 5 [Roll No. 355] Inslee Moore (WI) Smith (TX) U.S.C. 3109; hire of passenger motor vehicles; Israel Moran (KS) Smith (WA) not to exceed $9,200 for official reception and AYES—422 Issa Moran (VA) Snyder representation expenses; uniforms or allow- Abercrombie Brown, Corrine Culberson Jackson (IL) Murphy (NY) Souder ances therefor, as authorized by 5 U.S.C. Jackson-Lee Murphy, Patrick Ackerman Brown-Waite, Cummings Space 5901–5902; rental of conference rooms in the (TX) Murphy, Tim Speier Aderholt Ginny Dahlkemper District of Columbia; and reimbursement of Akin Buchanan Davis (AL) Johnson (GA) Murtha Spratt Altmire Burgess Davis (CA) Johnson (IL) Myrick Stark the Department of Homeland Security for se- Andrews Burton (IN) Davis (IL) Johnson, E. B. Nadler (NY) Stearns curity guard services; $299,870,000: Provided, Arcuri Butterfield Davis (KY) Johnson, Sam Napolitano Stupak That contracts may be entered into under Austria Buyer Davis (TN) Jones Neal (MA) Sutton this heading in fiscal year 2010 for mainte- Baca Calvert Deal (GA) Jordan (OH) Norton Tanner nance and operation of facilities, and for Bachus Camp DeFazio Kagen Nunes Tauscher other services, to be provided during the Kanjorski Nye Baird Campbell DeGette Taylor next fiscal year. Baldwin Cantor Delahunt Kaptur Oberstar Teague Barrett (SC) Cao DeLauro Kildee Obey Terry OFFICE OF THE NATIONAL SCIENCE BOARD Barrow Capito Dent Kilpatrick (MI) Olson Thompson (CA) For necessary expenses (including payment Olver Bartlett Capps Diaz-Balart, L. Kilroy Thompson (MS) of salaries, authorized travel, hire of pas- Bean Capuano Diaz-Balart, M. Kind Ortiz Thompson (PA) Becerra Cardoza Dicks King (IA) Pallone senger motor vehicles, the rental of con- Thornberry ference rooms in the District of Columbia, Berkley Carnahan Dingell King (NY) Pascrell Tiahrt Berman Carney Doggett Kingston Pastor (AZ) Tiberi and the employment of experts and consult- Berry Carson (IN) Donnelly (IN) Kirk Paulsen Tierney ants under section 3109 of title 5, United Biggert Carter Doyle Kirkpatrick (AZ) Payne Titus States Code) involved in carrying out section Bilbray Cassidy Dreier Kissell Pence Tonko 4 of the National Science Foundation Act of Bilirakis Castle Driehaus Klein (FL) Perlmutter Towns 1950, as amended (42 U.S.C. 1863) and Public Bishop (GA) Castor (FL) Kline (MN) Perriello Duncan Tsongas Bishop (NY) Chaffetz Edwards (MD) Kosmas Peters Law 86–209 (42 U.S.C. 1880 et seq.), $4,340,000: Turner Bishop (UT) Chandler Edwards (TX) Kratovil Peterson Provided, That not to exceed $2,800 shall be Upton Blackburn Childers Ehlers Kucinich Petri available for official reception and represen- Van Hollen Blumenauer Christensen Ellison Lamborn Pierluisi tation expenses. Vela´ zquez Blunt Clarke Ellsworth Lance Pingree (ME) Visclosky OFFICE OF INSPECTOR GENERAL Boccieri Clay Emerson Langevin Pitts Boehner Cleaver Engel Larsen (WA) Platts Walden For necessary expenses of the Office of In- Bonner Clyburn Eshoo Latham Poe (TX) Walz spector General as authorized by the Inspec- Bono Mack Coble Etheridge LaTourette Polis (CO) Wamp tor General Act of 1978, as amended, Boozman Coffman (CO) Faleomavaega Latta Pomeroy Wasserman Schultz $13,000,000. Bordallo Cohen Fallin Lee (CA) Posey This title may be cited as the ‘‘Science Ap- Boren Cole Farr Lee (NY) Price (GA) Waters Boswell Conaway Fattah Levin Price (NC) Watson propriations Act, 2010’’. Boucher Connolly (VA) Filner Lewis (CA) Putnam Watt TITLE IV Waxman Boustany Conyers Flake Linder Quigley RELATED AGENCIES Boyd Cooper Fleming Lipinski Radanovich Weiner Brady (PA) Costa Forbes LoBiondo Rahall Welch COMMISSION ON CIVIL RIGHTS Brady (TX) Costello Fortenberry Loebsack Rangel Westmoreland SALARIES AND EXPENSES Braley (IA) Courtney Foster Lofgren, Zoe Rehberg Wexler Bright Crenshaw Foxx Lowey Reichert Whitfield For necessary expenses of the Commission Broun (GA) Crowley Frank (MA) Lucas Reyes Wilson (OH) on Civil Rights, including hire of passenger Brown (SC) Cuellar Franks (AZ) Luetkemeyer Richardson Wilson (SC) motor vehicles, $9,400,000: Provided, That

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15451 none of the funds appropriated in this para- The CHAIR. The Clerk will designate economy, maybe, maybe we ought to graph shall be used to employ in excess of the amendment. take a look at a few and see if we can’t four full-time individuals under Schedule C The text of the amendment is as fol- sunset them so we can provide sun- of the Excepted Service exclusive of one spe- lows: shine and morning to the budgets of cial assistant for each Commissioner: Pro- vided further, That none of the funds appro- Amendment No. 6 offered by Mr. HEN- the American family. priated in this paragraph shall be used to re- SARLING: I believe the Legal Services Corpora- imburse Commissioners for more than 75 In title IV, strike the heading ‘‘Legal Serv- tion is one such program. It hasn’t billable days, with the exception of the ices Corporation’’ and both paragraphs under been reauthorized in almost 30 years. chairperson, who is permitted 125 billable that heading including their subheadings. The program has a history of waste, of days. The CHAIR. Pursuant to House Reso- fraud, abuse. Listen to a recent GAO EQUAL EMPLOYMENT OPPORTUNITY lution 552, the gentleman from Texas report of last year: expenditures were COMMISSION (Mr. HENSARLING) and a Member op- insufficient in supporting documenta- SALARIES AND EXPENSES posed each will control 5 minutes. tion. Out of seven of the 14 grantees we For necessary expenses of the Equal Em- The Chair recognizes the gentleman visited, we identified systemic issues ployment Opportunity Commission as au- from Texas. involving payments that lack suffi- thorized by title VII of the Civil Rights Act cient supporting documentation that of 1964, the Age Discrimination in Employ- b 1715 ment Act of 1967, the Equal Pay Act of 1963, made it impossible to determine the Americans with Disabilities Act of 1990, Mr. HENSARLING. Mr. Chairman, whether the expenditures were accu- the Civil Rights Act of 1991, the Genetic In- never in the history of Congress have rate, allowable, or appropriate. formation Non-Discrimination Act (GINA) of so few voted so fast to spend so much Employee interest-free loans, one 2008 (P.L. 110–233), the ADA Amendments Act and indebt so many. The Democrats grantee we visited was using grant of 2008 (P.L. 110–325), and the Lilly Ledbetter are in a program to spend more money funds to provide interest-free loans to Fair Pay Act of 2009 (P.L. 111–2), including than we have seen in the history of this employees. Three grantees used legal services as authorized by 5 U.S.C. 3109; hire institution, and apparently they want services money to purchase alcoholic of passenger motor vehicles as authorized by very few speed bumps along the road to 31 U.S.C. 1343(b); nonmonetary awards to pri- beverages. Lobbying fees, taxpayer vate citizens; and not to exceed $26,000,000 for bankrupting America. money used for lobbying fees. This payments to State and local enforcement Thus, last night, almost three-quar- isn’t me saying this, Mr. Chairman. It’s agencies for authorized services to the Com- ters of the Republican amendments the General Accountability Office. mission, $367,303,000: Provided, That the Com- that would reform, improve govern- Again, a program of history of waste, mission is authorized to make available for ment programs, make them more effi- fraud and abuse. official reception and representation ex- cient, save the American taxpayer Now, I believe the line item in this penses not to exceed $2,500 from available money were ruled out of order. But I budget, Mr. Chairman, is $440 million. funds: Provided further, That the Commission suppose, in a modicum of respect for may take no action to implement any work- Now, we’ve got a choice. One, it’s a force repositioning, restructuring, or reorga- the democratic process, a handful of program that’s been unauthorized since nization until such time as the House and amendments were made in order. I sup- 1980, reported instances of waste, fraud Senate Committees on Appropriations have pose I’m happy that mine was one of and abuse. And should we actually be been notified of such proposals, in accord- them. taxing taxpayers to force them to sub- ance with the reprogramming requirements Mr. Chairman, recently, our Presi- sidize their neighbors to turn around of section 505 of this Act: Provided further, dent has said, Without significant and sue them? I don’t think so. I don’t That the Chair is authorized to accept and change to steer away from an ever-ex- think so, Mr. Chairman. use any gift or donation to carry out the panding deficit and debt, we are on an Dollars have alternative uses. We can work of the Commission. unsustainable course. We have to take use $440 million to save our children INTERNATIONAL TRADE COMMISSION the painstaking work of examining from this explosion of national debt, SALARIES AND EXPENSES every program, every entitlement, something, something that the major- For necessary expenses of the Inter- every dollar of government spending ity leader once called fiscal child national Trade Commission, including hire of passenger motor vehicles, and services as and ask ourselves, is this program real- abuse. We could save small businesses authorized by 5 U.S.C. 3109, and not to exceed ly essential? Are taxpayers getting at a time where we desperately need $2,500 for official reception and representa- their money’s worth? Can we accom- job creation, or the money could be put tion expenses, $82,700,000, to remain available plish our goals more efficiently or ef- on automatic pilot, once again, and we until expended. fectively some other way? could subsidize people so they could LEGAL SERVICES CORPORATION Why is this important? It’s impor- turn around and sue their neighbors. PAYMENT TO THE LEGAL SERVICES tant because already we have seen Let’s save the American Dream. CORPORATION spending out of control. We are seeing I reserve the balance of my time. For payment to the Legal Services Cor- spending at levels that we have never Mr. MOLLOHAN. Mr. Chairman, I poration to carry out the purposes of the seen before. The national debt will be rise in opposition to the amendment. Legal Services Corporation Act of 1974, tripled in 10 years. In just 10 years the The CHAIR. The gentleman from $440,000,000, of which $414,400,000 is for basic national debt will be tripled. The Fed- West Virginia is recognized for 5 min- field programs and required independent au- eral deficit has increased 10-fold, 10- utes. dits; $4,200,000 is for the Office of Inspector General, of which such amounts as may be fold in 2 years. Mr. MOLLOHAN. As part of his argu- necessary may be used to conduct additional We’ve seen the taxpayer being forced ment in support of the amendment to audits of recipients; $17,000,000 is for manage- to shoulder $6,000 per household to fund strike all funds and language for the ment and grants oversight; $3,400,000 is for $700 billion of bailout money, $9,810 per Legal Services Corporation, the gen- client self-help and information technology; household to fund a $1.13 trillion gov- tleman appeals to our concern about and $1,000,000 is for loan repayment assist- ernment stimulus plan, $3,534 per the national debt. ance: Provided, That the Legal Services Cor- household to fund a $410 billion omni- Well, we all have a concern about the poration may continue to provide locality bus plan, and the list goes on and on national debt, and it’s all about prior- pay to officers and employees at a rate no greater than that provided by the Federal and on. ities. This amendment would attempt Government to Washington, DC-based em- Mr. Chairman, you cannot bail out, to effect a balancing of the national ployees as authorized by 5 U.S.C. 5304, not- borrow and spend your way into pros- debt or a reduction of it on the backs withstanding section 1005(d) of the Legal perity. So, in the spirit of what the of those who are the absolutely least Services Corporation Act, 42 U.S.C. 2996(d). President said, when we’re looking at a able to afford it and making an ex- AMENDMENT NO. 6 OFFERED BY MR. HENSARLING Federal Government that consists of tremely small contribution in the proc- Mr. HENSARLING. Mr. Chairman, I roughly 10,000 Federal programs spread ess. have an amendment at the desk made across 600 agencies, at a time when Now, more than ever, the Legal Serv- in order by the rule. American families are suffering in this ices Corporation really needs a healthy

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Fifty-one million from Texas will be postponed. under this Act, or provided under previous Americans are now eligible for legal The Clerk will read. appropriations Acts to the agencies funded aid, including, Mr. Chairman, 18 mil- The Clerk read as follows: by this Act that remain available for obliga- lion children. ADMINISTRATIVE PROVISION—LEGAL SERVICES tion or expenditure in fiscal year 2010, or At the same time, non-Federal fund- CORPORATION provided from any accounts in the Treasury ing sources for legal aid are declining None of the funds appropriated in this Act of the United States derived by the collec- as State budget deficits and pressures to the Legal Services Corporation shall be tion of fees available to the agencies funded on private charitable organizations expended for any purpose prohibited or lim- by this Act, shall be available for obligation or expenditure through the reprogramming have reduced legal aid contributions by ited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of of funds that: outside entities. Now is the very time (1) creates or initiates a new program, that legal aid needs Federal support. Public Law 105–119, and all funds appro- priated in this Act to the Legal Services Cor- project or activity; LSC providers already turn away one poration shall be subject to the same terms (2) eliminates a program, project or activ- out of every two eligible clients who and conditions set forth in such sections, ex- ity, unless the House and Senate Committees seek assistance. So already, in a dif- cept that all references in sections 502 and on Appropriations are notified 15 days in ad- ficult economy, when those seeking 503 to 1997 and 1998 shall be deemed to refer vance of such reprogramming of funds; legal aid are becoming increasingly eli- instead to 2009 and 2010, respectively. (3) increases funds or personnel by any means for any project or activity for which gible, we’re turning away 50 percent of MARINE MAMMAL COMMISSION funds have been denied or restricted by this those who need the service. SALARIES AND EXPENSES Act, unless the House and Senate Commit- With no Federal funding, as the gen- For necessary expenses of the Marine tees on Appropriations are notified 15 days in tleman has proposed in his amendment, Mammal Commission as authorized by title advance of such reprogramming of funds; Legal Services Corporation grantees II of Public Law 92–522, $3,300,000. (4) relocates an office or employees, unless would be forced to turn away even OFFICE OF THE UNITED STATES TRADE the House and Senate Committees on Appro- more clients who are in desperate need REPRESENTATIVE priations are notified 15 days in advance of such reprogramming of funds; of help. SALARIES AND EXPENSES I urge Members to consider the true (5) reorganizes or renames offices, pro- For necessary expenses of the Office of the grams or activities, unless the House and human impact of that proposal and op- United States Trade Representative, includ- Senate Committees on Appropriations are pose the amendment. And I go back to ing the hire of passenger motor vehicles and notified 15 days in advance of such re- where I started. This is the wrong place the employment of experts and consultants programming of funds; to try to balance the budget, on the as authorized by 5 U.S.C. 3109, $48,326,000, of (6) contracts out or privatizes any func- backs of those who are least able to which $1,000,000 shall remain available until tions or activities presently performed by make a contribution. expended: Provided, That not to exceed Federal employees, unless the House and I oppose the amendment. $124,000 shall be available for official recep- Senate Committees on Appropriations are I reserve the balance of my time. tion and representation expenses: Provided notified 15 days in advance of such re- further, That negotiations shall be conducted Mr. HENSARLING. Mr. Chairman, programming of funds; within the World Trade Organization to rec- (7) proposes to use funds directed for a spe- may I inquire how much time I have ognize the right of members to distribute remaining? cific activity by either the House or Senate monies collected from antidumping and Committee on Appropriations for a different The CHAIR. The gentleman has 30 countervailing duties: Provided further, That purpose, unless the House and Senate Com- seconds remaining. negotiations shall be conducted within the mittees on Appropriations are notified 15 Mr. HENSARLING. I yield myself the World Trade Organization consistent with days in advance of such reprogramming of balance of my time. the negotiating objectives contained in the funds; Mr. Chairman, I heard the gentleman Trade Act of 2002, Public Law 107–210. (8) augments funds for existing programs, say that we all have concerns over the STATE JUSTICE INSTITUTE projects or activities in excess of $500,000 or national debt. I must admit I haven’t SALARIES AND EXPENSES 10 percent, whichever is less, or reduces by 10 seen a lot of that concern on the other For necessary expenses of the State Jus- percent funding for any program, project or side of the aisle since they proposed a tice Institute, as authorized by the State activity, or numbers of personnel by 10 per- budget that will triple it in 10 years. Justice Institute Authorization Act of 1984 cent as approved by Congress, unless the I didn’t hear any answer to the (42 U.S.C. 10701 et seq.) $5,131,000, of which House and Senate Committees on Appropria- tions are notified 15 days in advance of such charges of the Government Account- $250,000 shall remain available until Sep- tember 30, 2011: Provided, That not to exceed reprogramming of funds; or ability Office about the waste, the (9) results from any general savings, in- fraud and abuse endemic in this pro- $2,500 shall be available for official reception and representation expenses. cluding savings from a reduction in per- gram. sonnel, which would result in a change in ex- I would also point out to the gen- TITLE V isting programs, projects or activities as ap- tleman, there are pro bono law firms, GENERAL PROVISIONS proved by Congress, unless the House and lawyers that work on contingent fees. SEC. 501. No part of any appropriation con- Senate Committees on Appropriations are There are other options besides taking tained in this Act shall be used for publicity notified 15 days in advance of such re- money away from the Dublin family of or propaganda purposes not authorized by programming of funds. the Congress. (b) None of the funds in provided under this Palestine, the Mock family of Athens, SEC. 502. No part of any appropriation con- Act, or provided under previous appropria- the Lilly family of Coffman that I rep- tained in this Act shall remain available for tions Acts to the agencies funded by this Act resent in this institution. Their budg- obligation beyond the current fiscal year un- that remain available for obligation or ex- et, their budget needs to be improved, less expressly so provided herein. penditure in fiscal year 2010, or provided not the legal services. SEC. 503. The expenditure of any appropria- from any accounts in the Treasury of the And I urge adoption of the amend- tion under this Act for any consulting serv- United States derived by the collection of ment. ice through procurement contract, pursuant fees available to the agencies funded by this Mr. MOLLOHAN. Mr. Chairman, I to 5 U.S.C. 3109, shall be limited to those Act, shall be available for obligation or ex- yield back the balance of my time. contracts where such expenditures are a penditure through the reprogramming of The CHAIR. The question is on the matter of public record and available for funds after August 1, except in extraordinary public inspection, except where otherwise circumstances, and only after the House and amendment offered by the gentleman provided under existing law, or under exist- Senate Committees on Appropriations are from Texas (Mr. HENSARLING). ing Executive order issued pursuant to exist- notified 30 days in advance of such re- The question was taken; and the ing law. programming of funds. Chair announced that the ayes ap- SEC. 504. If any provision of this Act or the SEC. 506. Hereafter, none of the funds made peared to have it. application of such provision to any person available in this or any other Act may be

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used to implement, administer, or enforce SEC. 513. None of the funds made available (c) A grant or contract funded by amounts any guidelines of the Equal Employment Op- to the Department of Justice in this Act appropriated by this Act may not be used for portunity Commission covering harassment may be used to discriminate against or deni- the purpose of defraying the costs of a ban- based on religion, when it is made known to grate the religious or moral beliefs of stu- quet or conference that is not directly and the Federal entity or official to which such dents who participate in programs for which programmatically related to the purpose for funds are made available that such guide- financial assistance is provided from those which the grant or contract was awarded, lines do not differ in any respect from the funds, or of the parents or legal guardians of such as a banquet or conference held in con- proposed guidelines published by the Com- such students. nection with planning, training, assessment, mission on October 1, 1993 (58 Fed. Reg. SEC. 514. None of the funds made available review, or other routine purposes related to 51266). in this Act may be transferred to any depart- a project funded by the grant or contract. SEC. 507. If it has been finally determined ment, agency, or instrumentality of the (d) Any person awarded a grant or contract by a court or Federal agency that any person United States Government, except pursuant funded by amounts appropriated by this Act intentionally affixed a label bearing a ‘‘Made to a transfer made by, or transfer authority shall submit a statement to the Secretary of in America’’ inscription, or any inscription provided in, this Act or any other appropria- Commerce, the Attorney General, the Ad- with the same meaning, to any product sold tions Act. ministrator, Director, or President, as appro- in or shipped to the United States that is not SEC. 515. Any funds provided in this Act priate, certifying that no funds derived from made in the United States, the person shall used to implement E-Government Initiatives the grant or contract will be made available be ineligible to receive any contract or sub- shall be subject to the procedures set forth through a subcontract or in any other man- contract made with funds made available in in section 505 of this Act. ner to another person who has a financial in- SEC. 516. (a) Tracing studies conducted by this Act, pursuant to the debarment, suspen- terest in the person awarded the grant or the Bureau of Alcohol, Tobacco, Firearms sion, and ineligibility procedures described contract. and Explosives are released without ade- in sections 9.400 through 9.409 of title 48, (e) The provisions of the preceding sub- quate disclaimers regarding the limitations Code of Federal Regulations. sections of this section shall take effect 30 SEC. 508. The Departments of Commerce of the data. days after the date on which the Director of and Justice, the National Science Founda- (b) The Bureau of Alcohol, Tobacco, Fire- the Office of Management and Budget, in tion, and the National Aeronautics and arms and Explosives shall include in all such consultation with the Director of the Office Space Administration, shall provide to the data releases, language similar to the fol- of Government Ethics, determines that a House and Senate Committees on Appropria- lowing that would make clear that trace uniform set of rules and requirements, sub- tions a quarterly accounting of the cumu- data cannot be used to draw broad conclu- stantially similar to the requirements in lative balances of any unobligated funds that sions about firearms-related crime: such subsections, consistently apply under were received by such agency during any pre- (1) Firearm traces are designed to assist vious fiscal year. law enforcement authorities in conducting the executive branch ethics program to all SEC. 509. Any costs incurred by a depart- investigations by tracking the sale and pos- Federal departments, agencies, and entities. ment or agency funded under this Act result- session of specific firearms. Law enforce- SEC. 518. None of the funds appropriated or ing from, or to prevent, personnel actions ment agencies may request firearms traces otherwise made available under this Act may taken in response to funding reductions in- for any reason, and those reasons are not be used to issue patents on claims directed cluded in this Act shall be absorbed within necessarily reported to the Federal Govern- to or encompassing a human organism. the total budgetary resources available to ment. Not all firearms used in crime are SEC. 519. None of the funds made available such department or agency: Provided, That traced and not all firearms traced are used in in this Act shall be used in any way whatso- the authority to transfer funds between ap- crime. ever to support or justify the use of torture propriations accounts as may be necessary (2) Firearms selected for tracing are not by any official or contract employee of the to carry out this section is provided in addi- chosen for purposes of determining which United States Government. tion to authorities included elsewhere in this types, makes, or models of firearms are used SEC. 520. (a) Notwithstanding any other Act: Provided further, That use of funds to for illicit purposes. The firearms selected do provision of law or treaty, none of the funds carry out this section shall be treated as a not constitute a random sample and should appropriated or otherwise made available reprogramming of funds under section 505 of not be considered representative of the larg- under this Act or any other Act may be ex- this Act and shall not be available for obliga- er universe of all firearms used by criminals, pended or obligated by a department, agen- tion or expenditure except in compliance or any subset of that universe. Firearms are cy, or instrumentality of the United States with the procedures set forth in that section. normally traced to the first retail seller, and to pay administrative expenses or to com- SEC. 510. None of the funds provided by this sources reported for firearms traced do not pensate an officer or employee of the United Act shall be available to promote the sale or necessarily represent the sources or methods States in connection with requiring an ex- export of tobacco or tobacco products, or to by which firearms in general are acquired for port license for the export to Canada of com- seek the reduction or removal by any foreign use in crime. ponents, parts, accessories or attachments country of restrictions on the marketing of SEC. 517. (a) The Inspectors General of the for firearms listed in Category I, section tobacco or tobacco products, except for re- Department of Commerce, the Department 121.1 of title 22, Code of Federal Regulations strictions which are not applied equally to of Justice, the National Aeronautics and (International Trafficking in Arms Regula- all tobacco or tobacco products of the same Space Administration, the National Science tions (ITAR), part 121, as it existed on April type. Foundation, and the Legal Services Corpora- 1, 2005) with a total value not exceeding $500 SEC. 511. None of the funds appropriated tion shall conduct audits, pursuant to the In- wholesale in any transaction, provided that pursuant to this Act or any other provision spector General Act (5 U.S.C. App.), of grants the conditions of subsection (b) of this sec- of law may be used for— or contracts for which funds are appro- tion are met by the exporting party for such (1) the implementation of any tax or fee in priated by this Act, and shall submit reports articles. connection with the implementation of sub- to Congress on the progress of such audits, (b) The foregoing exemption from obtain- section 922(t) of title 18, United States Code; which may include preliminary findings and ing an export license— and a description of areas of particular interest, (1) does not exempt an exporter from filing (2) any system to implement subsection within 180 days after initiating such an audit any Shipper’s Export Declaration or notifi- 922(t) of title 18, United States Code, that and every 180 days thereafter until any such cation letter required by law, or from being does not require and result in the destruc- audit is completed. otherwise eligible under the laws of the tion of any identifying information sub- (b) Within 60 days after the date on which United States to possess, ship, transport, or mitted by or on behalf of any person who has an audit described in subsection (a) by an In- export the articles enumerated in subsection been determined not to be prohibited from spector General is completed, the Secretary, (a); and possessing or receiving a firearm no more Attorney General, Administrator, Director, (2) does not permit the export without a li- than 24 hours after the system advises a Fed- or President, as appropriate, shall make the cense of— eral firearms licensee that possession or re- results of the audit available to the public on (A) fully automatic firearms and compo- ceipt of a firearm by the prospective trans- the Internet website maintained by the De- nents and parts for such firearms, other than feree would not violate subsection (g) or (n) partment, Administration, Foundation, or for end use by the Federal Government, or a of section 922 of title 18, United States Code, Corporation, respectively. The results shall Provincial or Municipal Government of Can- or State law. be made available in redacted form to ex- ada; SEC. 512. None of the funds made available clude— (B) barrels, cylinders, receivers (frames) or in this Act may be used to pay the salaries (1) any matter described in section 552(b) of complete breech mechanisms for any firearm and expenses of personnel of the Department title 5, United States Code; and listed in Category I, other than for end use of Justice to obligate more than $700,000,000 (2) sensitive personal information for any by the Federal Government, or a Provincial during fiscal year 2010 from the fund estab- individual, the public access to which could or Municipal Government of Canada; or lished by section 1402 of chapter XIV of title be used to commit identity theft or for other (C) articles for export from Canada to an- II of Public Law 98–473 (42 U.S.C. 10601). inappropriate or unlawful purposes. other foreign destination.

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15454 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 (c) In accordance with this section, the to control total project or procurement (5) ‘‘Community Oriented Policing Serv- District Directors of Customs and post- costs. ices’’, $40,000,000. masters shall permit the permanent or tem- SEC. 525. Funds appropriated by this Act, (b) Within 30 days of enactment of this porary export without a license of any un- or made available by the transfer of funds in Act, the Department of Justice shall submit classified articles specified in subsection (a) this Act, for intelligence or intelligence re- to the Committees on Appropriations of the to Canada for end use in Canada or return to lated activities are deemed to be specifically House of Representatives and the Senate a the United States, or temporary import of authorized by the Congress for purposes of report specifying the amount of each rescis- Canadian-origin items from Canada for end section 504 of the National Security Act of sion made pursuant to this section. use in the United States or return to Canada 1947 (50 U.S.C. 414) during fiscal year 2010 (c) The recissions contained in this section for a Canadian citizen. until the enactment of the Intelligence Au- shall not apply to funds provided in this Act. (d) The President may require export li- thorization Act for fiscal year 2010. SEC. 530. None of the funds made available censes under this section on a temporary SEC. 526. The Departments, agencies, and in this Act may be used to purchase first basis if the President determines, upon pub- commissions funded under this Act, shall es- class or premium airline travel in contraven- lication first in the Federal Register, that tablish and maintain on the homepages of tion of sections 301–10.122 through 301–10.124 the Government of Canada has implemented their Internet websites— of title 41 of the Code of Federal Regulations. or maintained inadequate import controls (1) a direct link to the Internet websites of SEC. 531. None of the funds made available for the articles specified in subsection (a), their Offices of Inspectors General; and in this Act may be used to send or otherwise such that a significant diversion of such arti- (2) a mechanism on the Offices of Inspec- pay for the attendance of more than 50 em- cles has and continues to take place for use tors General website by which individuals ployees from a Federal department or agen- in international terrorism or in the esca- may anonymously report cases of waste, cy at any single conference occurring outside lation of a conflict in another nation. The fraud, or abuse with respect to those Depart- the United States. President shall terminate the requirements ments, agencies, and commissions. SEC. 532. (a) None of the funds made avail- of a license when reasons for the temporary SEC. 527. None of the funds appropriated or able in this or any prior Act may be used to requirements have ceased. otherwise made available by this Act may be release an individual who is detained, as of SEC. 521. Notwithstanding any other provi- used to enter into a contract in an amount April 30, 2009, at Naval Station, Guantanamo sion of law, no department, agency, or in- greater than $5,000,000 or to award a grant in Bay, Cuba, into the continental United strumentality of the United States receiving excess of such amount unless the prospective States, Alaska, Hawaii, or the District of Co- appropriated funds under this Act or any contractor or grantee certifies in writing to lumbia. other Act shall obligate or expend in any the agency awarding the contract or grant (b) None of the funds made available in way such funds to pay administrative ex- that, to the best of its knowledge and belief, this or any prior Act may be used to transfer penses or the compensation of any officer or the contractor or grantee has filed all Fed- an individual who is detained, as of April 30, employee of the United States to deny any eral tax returns required during the three 2009, at the Naval Station, Guantanamo Bay, application submitted pursuant to 22 U.S.C. years preceding the certification, has not Cuba, into the continental United States, 2778(b)(1)(B) and qualified pursuant to 27 CFR been convicted of a criminal offense under Alaska, Hawaii, or the District of Columbia, section 478.112 or .113, for a permit to import the Internal Revenue Code of 1986, and has for the purposes of detaining or prosecuting United States origin ‘‘curios or relics’’ fire- not, more than 90 days prior to certification, such individual until 2 months after the plan arms, parts, or ammunition. been notified of any unpaid Federal tax as- detailed in subsection (c) is received. SEC. 522. None of the funds made available sessment for which the liability remains (c) The President shall submit to the Con- in this Act may be used to include in any unsatisfied, unless the assessment is the sub- gress, in writing, a comprehensive plan re- new bilateral or multilateral trade agree- ject of an installment agreement or offer in garding the proposed disposition of each in- ment the text of— compromise that has been approved by the dividual who is detained, as of April 30, 2009, (1) paragraph 2 of article 16.7 of the United Internal Revenue Service and is not in de- at Naval Station, Guantanamo Bay, Cuba, States-Singapore Free Trade Agreement; fault, or the assessment is the subject of a who is not covered under subsection (d). (2) paragraph 4 of article 17.9 of the United non-frivolous administrative or judicial pro- Such plan shall include, at a minimum, each States-Australia Free Trade Agreement; or ceeding. of the following for each such individual: (3) paragraph 4 of article 15.9 of the United SEC. 528. None of the funds appropriated or (1) The findings of an analysis regarding States-Morocco Free Trade Agreement. otherwise made available in this Act may be any risk to the national security of the SEC. 523. None of the funds made available used in a manner that is inconsistent with United States that is posed by the transfer of in this Act may be used to authorize or issue the principal negotiating objective of the the individual. a national security letter in contravention of United States with respect to trade remedy (2) The costs associated with not transfer- any of the following laws authorizing the laws to preserve the ability of the United ring the individual in question. Federal Bureau of Investigation to issue na- States— (3) The legal rationale and associated court tional security letters: The Right to Finan- (1) to enforce vigorously its trade laws, in- demands for transfer. cial Privacy Act; The Electronic Commu- cluding antidumping, countervailing duty, (4) A certification by the President that nications Privacy Act; The Fair Credit Re- and safeguard laws; any risk described in paragraph (1) has been porting Act; The National Security Act of (2) to avoid agreements that— mitigated, together with a full description of 1947; USA PATRIOT Act; and the laws (A) lessen the effectiveness of domestic and the plan for such mitigation. amended by these Acts. international disciplines on unfair trade, es- (5) A certification by the President that SEC. 524. If at any time during any quarter, pecially dumping and subsidies; or the President has submitted to the Governor the program manager of a project within the (B) lessen the effectiveness of domestic and and legislature of the State to which the jurisdiction of the Departments of Com- international safeguard provisions, in order President intends to transfer the individual merce or Justice, the National Aeronautics to ensure that United States workers, agri- a certification in writing at least 30 days and Space Administration, or the National cultural producers, and firms can compete prior to such transfer (together with sup- Science Foundation totaling more than fully on fair terms and enjoy the benefits of porting documentation and justification) $75,000,000 has reasonable cause to believe reciprocal trade concessions; and that the individual does not pose a security that the total program cost has increased by (3) to address and remedy market distor- risk tot he United States. 10 percent, the program manager shall imme- tions that lead to dumping and subsidiza- (d) None of the funds made available in diately inform the Secretary, Administrator, tion, including overcapacity, cartelization, this or any prior Act may be used to transfer or Director. The Secretary, Administrator, and market-access barriers. or release an individual detained at Naval or Director shall notify the House and Sen- (RESCISSIONS) Station, Guantanamo Bay, Cuba, as of April ate Committees on Appropriations within 30 SEC. 529. (a) Of the unobligated balances 30, 2009, to the country of such individual’s days in writing of such increase, and shall available to the Department of Justice from nationality or last habitual residence or to include in such notice: the date on which prior appropriations, the following funds are any other country other than the United such determination was made; a statement hereby rescinded, not later than September States, unless the President submits to the of the reasons for such increases; the action 30, 2010, from the following accounts in the Congress, in writing, at least 30 days prior to taken and proposed to be taken to control specified amounts: such transfer or release, the following infor- future cost growth of the project; changes (1) ‘‘Legal Activities, Assets Forfeiture mation: made in the performance or schedule mile- Fund’’, $285,000,000; (1) The name of any individual to be trans- stones and the degree to which such changes (2) ‘‘Federal Bureau of Investigation, Sala- ferred or released and the country to which have contributed to the increase in total pro- ries and Expenses’’, $50,000,000; such individual is to be transferred or re- gram costs or procurement costs; new esti- (3) ‘‘Federal Bureau of Investigation, Con- leased. mates of the total project or procurement struction’’, $80,822,000; (2) An assessment of any risk to the na- costs; and a statement validating that the (4) ‘‘Office of Justice Programs’’, tional security of the United States or its project’s management structure is adequate $42,000,000; and citizens, including members of the Armed

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Services or the United States, that is posed PRESIDENTIAL DOCUMENTS—EXECUTIVE ORDER a prompt and thorough review of the factual by such transfer or released and the actions 13492 OF JANUARY 22, 2009—REVIEW AND DIS- and legal bases for the continued detention taken to mitigate such risk POSITION OF INDIVIDUALS DETAINED AT THE of all individuals currently held at (3) The terms of any agreement with an- GUANTA´ NAMO BAY NAVAL BASE AND CLO- Guanta´ namo, and of whether their continued other country for acceptance of such indi- SURE OF DETENTION FACILITIES detention is in the national security and for- vidual, including the amount of any finan- By the authority vested in me as President eign policy interests of the United States cial assistance related to such agreement. by the Constitution and the laws of the and in the interests of justice. The unusual SEC. 533. Section 504(a) of the Departments United States of America, in order to effect circumstances associated with detentions at of Commerce, Justice, and State, the Judici- the appropriate disposition of individuals Guanta´ namo require a comprehensive inter- ary, and Related Agencies Appropriations currently detained by the Department of De- agency review. Act, 1996 (as contained in Public Law 104–134) fense at the Guanta´ namo Bay Naval Base (e) New diplomatic efforts may result in an is amended by striking paragraph (13). (Guanta´ namo) and promptly to close deten- appropriate disposition of a substantial num- SEC. 534. Notwithstanding any other provi- tion facilities at Guanta´ namo, consistent ber of individuals currently detained at sion of law, to the extent that the Attorney with the national security and foreign policy Guanta´ namo. General (or a designee) authorizes or ap- interests of the United States and the inter- (f) Some individuals currently detained at proves, if a law enforcement or corrections ests of justice, I hereby order as follows: Guanta´ namo may have committed offenses officer employed by the Department of Jus- Section 1. Definitions. As used in this for which they should be prosecuted. It is in tice dies while performing official duties or order: the interests of the United States to review as a result of the performance of official du- (a) ‘‘Common Article 3’’ means Article 3 of whether and how any such individuals can ties, the Department of Justice may pay each of the Geneva Conventions. and should be prosecuted. from Government funds the qualified reloca- (b) ‘‘Geneva Conventions’’ means: (g) It is in the interests of the United tion expenses of the immediate dependent (i) the Convention for the Amelioration of States that the executive branch conduct a family of the employee, and the expenses of the Condition of the Wounded and Sick in prompt and thorough review of the cir- preparing and transporting the remains of Armed Forces in the Field, August 12, 1949 (6 cumstances of the individuals currently de- the deceased. UST 3114); tained at Guanta´ namo who have been Mr. MOLLOHAN (during the read- (ii) the Convention for the Amelioration of charged with offenses before military com- ing). Mr. Chairman, I ask unanimous the Condition of Wounded, Sick and Ship- missions pursuant to the Military Commis- consent that the remainder of the bill wrecked Members of Armed Forces at Sea, sions Act of 2006, Public Law 109–366, as well August 12, 1949 (6 UST 3217); through page 101, line 20, be considered as of the military commission process more (iii) the Convention Relative to the Treat- generally. as read, printed in the RECORD, and ment of Prisoners of War, August 12, 1949 (6 Sec. 3. Closure of Detention Facilities at open to amendment at any point. UST 3316); and Guanta´ namo. The detention facilities at (iv) the Convention Relative to the Protec- The CHAIR. Is there objection to the Guanta´ namo for individuals covered by this tion of Civilian Persons in Time of War, Au- request of the gentleman from West order shall be closed as soon as practicable, gust 12, 1949 (6 UST 3516). Virginia? and no later than 1 year from the date of this There was no objection. (c) ‘‘Individuals currently detained at Guanta´ namo’’ and ‘‘individuals covered by order. If any individuals covered by this ´ Mr. LEWIS of California. Mr. Chair- this order’’ mean individuals currently de- order remain in detention at Guantanamo at man, I rise to attempt to be of some tained by the Department of Defense in fa- the time of closure of those detention facili- service to the Obama administration cilities at the Guanta´ namo Bay Naval Base ties, they shall be returned to their home and others in the House that may be whom the Department of Defense has ever country, released, transferred to a third concerned about a decision he made determined to be, or treated as, enemy com- country, or transferred to another United batants. States detention facility in a manner con- not too long ago. And I’d ask unani- sistent with law and the national security mous consent that we put Executive Sec. 2. Findings. (a) Over the past 7 years, approximately and foreign policy interests of the United Order 13492 in the RECORD at this point. 800 individuals whom the Department of De- States. The CHAIR. Does the gentleman seek fense has ever determined to be, or treated Sec. 4. Immediate Review of All to offer an amendment? as, enemy combatants have been detained at Guanta´ namo Detentions. Mr. LEWIS of California. Yes, I do. Guanta´ namo. The Federal Government has (a) Scope and Timing of Review. A review The CHAIR. Will the gentleman moved more than 500 such detainees from of the status of each individual currently de- specify the number of the amendment Guanta´ namo, either by returning them to tained at Guanta´ namo (Review) shall com- he wishes to offer? their home country or by releasing or trans- mence immediately. Mr. LEWIS of California. It is amend- ferring them to a third country. The Depart- (b) Review Participants. The Review shall be conducted with the full cooperation and ment No. 118. ment of Defense has determined that a num- ber of the individuals currently detained at participation of the following officials: AMENDMENT NO. 118 OFFERED BY MR. LEWIS OF Guanta´ namo are eligible for such transfer or (1) the Attorney General, who shall coordi- CALIFORNIA release. nate the Review; Mr. LEWIS of California. I offer an (b) Some individuals currently detained at (2) the Secretary of Defense; amendment. Guanta´ namo have been there for more than (3) the Secretary of State; The CHAIR. The Clerk will designate 6 years, and most have been detained for at (4) the Secretary of Homeland Security; the amendment. least 4 years. In view of the significant con- (5) the Director of National Intelligence; The text of the amendment is as fol- cerns raised by these detentions, both within (6) the Chairman of the Joint Chiefs of Staff; and lows: the United States and internationally, prompt and appropriate disposition of the in- (7) other officers or full-time or permanent Amendment No. 118 offered by Mr. LEWIS of dividuals currently detained at Guanta´ namo part-time employees of the United States, California: and closure of the facilities in which they including employees with intelligence, At the end of the bill (before the short are detained would further the national secu- counterterrorism, military, and legal exper- title), insert the following: rity and foreign policy interests of the tise, as determined by the Attorney General, ‘‘SEC. . None of the funds made available United States and the interests of justice. with the concurrence of the head of the de- in this Act may be used to implement Execu- Merely closing the facilities without prompt- partment or agency concerned. tive Order 13492, issued January 22, 2009, ti- ly determining the appropriate disposition of (c) Operation of Review. The duties of the tled ‘‘Review and Disposition of Individuals the individuals detained would not ade- Review participants shall include the fol- Detained at the Guantanamo Bay Naval Base quately serve those interests. To the extent lowing: and Closure of Detention Facilities’’.’’ practicable, the prompt and appropriate dis- (1) Consolidation of Detainee Information. The CHAIR. Pursuant to House Reso- position of the individuals detained at The Attorney General shall, to the extent lution 552, the gentleman from Cali- Guanta´ namo should precede the closure of reasonably practicable, and in coordination fornia (Mr. LEWIS) and a Member op- the detention facilities at Guanta´ namo. with the other Review participants, assemble posed each will control 5 minutes. (c) The individuals currently detained at all information in the possession of the Fed- The Chair recognizes the gentleman Guanta´ namo have the constitutional privi- eral Government that pertains to any indi- lege of the writ of habeas corpus. Most of vidual currently detained at Guanta´ namo from California. and that is relevant to determining the prop- Mr. LEWIS of California. Mr. Chair- those individuals have filed petitions for a writ of habeas corpus in Federal court chal- er disposition of any such individual. All ex- man, I would like to have this execu- lenging the lawfulness of their detention. ecutive branch departments and agencies tive order put in the RECORD at this (d) It is in the interests of the United shall promptly comply with any request of point. States that the executive branch undertake the Attorney General to provide information

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15456 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 in their possession or control pertaining to proceedings of such military commissions to Director Mueller of the FBI attested any such individual. The Attorney General which charges have been referred but in to Congress 3 weeks ago that bringing may seek further information relevant to which no judgment has been rendered, and detainees to U.S. soil poses risks to na- the Review from any source. all proceedings pending in the United States tional security, including providing fi- (2) Determination of Transfer. The Review Court of Military Commission Review, are shall determine, on a rolling basis and as halted. nancing, radicalizing others and under- promptly as possible with respect to the in- Sec. 8. General Provisions. taking attacks in the United States. dividuals currently detained at Guanta´ namo, (a) Nothing in this order shall prejudice Additionally, the Department of De- whether it is possible to transfer or release the authority of the Secretary of Defense to fense has reported that at least 14 per- the individuals consistent with the national determine the disposition of any detainees cent of former Guantanamo detainees not covered by this order. security and foreign policy interests of the have returned to terrorist activity in United States and, if so, whether and how (b) This order shall be implemented con- sistent with applicable law and subject to the region. To say the least, we ought the Secretary of Defense may effect their to be concerned about the release of transfer or release. The Secretary of Defense, the availability of appropriations. (c) This order is not intended to, and does the Secretary of State, and, as appropriate, people of that kind who threaten our not, create any right or benefit, substantive other Review participants shall work to ef- interests anywhere in the world. or procedural, enforceable at law or in equity fect promptly the release or transfer of all This administration is ignoring or is by any party against the United States, its disregarding those risks, and it is individuals for whom release or transfer is departments, agencies, or entities, its offi- possible. cers, employees, or agents, or any other per- stonewalling the Congress. We need to (3) Determination of Prosecution. In ac- son. stop this administration from rushing cordance with United States law, the cases BARACK OBAMA, to transfer or to resettle anymore de- of individuals detained at Guanta´ namo not THE WHITE HOUSE, tainees at the expense of an increased approved for release or transfer shall be eval- January 22, 2009. uated to determine whether the Federal Gov- risk to Americans. We need to help the ernment should seek to prosecute the de- As we all know, Mr. Chairman, the President simply fulfill his campaign tained individuals for any offenses they may President signed Executive Order 13492 promise. have committed, including whether it is fea- to close Guantanamo Bay detention fa- The President has been very busy sible to prosecute such individuals before a cility in January. More than 4 months since his inaugural. There is little court established pursuant to Article III of later, there is still no evidence of a question he has been down many a the United States Constitution, and the Re- plan to carry out this order and no con- pathway, and he has even found that view participants shall in turn take the nec- sultation with the Congress. Yet the some of those pathways might very essary and appropriate steps based on such administration is raising to move de- well have been mistakes. Well, this is a determinations. (4) Determination of Other Disposition. tainees, all the while withholding in- case where I believe a decision was With respect to any individuals currently de- formation from the Congress and the made without its being carefully tained at Guanta´ namo whose disposition is public. thought through, let alone knowing not achieved under paragraphs (2) or (3) of First, let me say that last week a the serious implications of the actions this subsection, the Review shall select law- suspected plotter of the 1998 embassy to be taken. We are attempting by this ful means, consistent with the national secu- bombings in Africa arrived in New amendment to help the administration rity and foreign policy interests of the York for a high-threat trial. rethink that decision that they have United States and the interests of justice, Second, last week, the government of made. for the disposition of such individuals. The Palau announced that it would accept appropriate authorities shall promptly im- Mr. Chairman, I reserve the balance some of the Uyghur detainees. Press of my time. plement such dispositions. accounts linked this announcement to (5) Consideration of Issues Relating to Mr. MOLLOHAN. Mr. Chairman, I Transfer to the United States. The Review some significant level of assistance on rise in opposition to the amendment. shall identify and consider legal, logistical, the part of the American government The CHAIR. The gentleman from and security issues relating to the potential to Palau. West Virginia is recognized for 5 min- transfer of individuals currently detained at The Uyghur detainees are affiliated utes. Guanta´ namo to facilities within the United with a listed terrorist group and re- Mr. MOLLOHAN. Mr. Chairman, I States, and the Review participants shall ceived weapons training in camps in rise in opposition to this amendment work with the Congress on any legislation Afghanistan run by leaders affiliated that may be appropriate. which would essentially prohibit any with al Qaeda. To say the least, we funds to be spent with regard to the Sec. 5. Diplomatic Efforts. The Secretary ought to be concerned about any group of State shall expeditiously pursue and di- implementation of the Executive order rect such negotiations and diplomatic efforts that’s been trained under those cir- requiring the closure of the detention with foreign governments as are necessary cumstances. facilities at Guantanamo Bay. Finally, last week, the Department and appropriate to implement this order. I believe that the closing of Guanta- of Justice announced that four of the Sec. 6. Humane Standards of Confinement. namo is the right policy decision. The Uyghur detainees have been resettled No individual currently detained at President believes that, and the Presi- Guanta´ namo shall be held in the custody or in Bermuda, a visa waiver country. dent has acted on that. It’s an embar- under the effective control of any officer, The Congress and the American peo- employee, or other agent of the United ple found out about these actions and rassment to the country. It’s a symbol States Government, or at a facility owned, efforts after the fact. that has really fomented a lot of oppo- operated, or controlled by a department or And there is more. Three detainees sition to the United States around the agency of the United States, except in con- have already been transferred to Saudi world. The continued existence of formity with all applicable laws governing Arabia, one to Chad and one to Iraq. Gitmo is a basic assault on our values, the conditions of such confinement, includ- and it undermines the success in our ing Common Article 3 of the Geneva Conven- And we are hearing rumors about pos- sible deals with Yemen, Italy and Alba- counterterrorism programs. tions. The Secretary of Defense shall imme- President Obama and I aren’t the diately undertake a review of the conditions nia. ´ only ones who believe this. Secretary of detention at Guantanamo to ensure full b 1730 compliance with this directive. Such review Gates, Admiral Mullen and the Na- shall be completed within 30 days and any All of this has been done without an tion’s top civilian and military defense necessary corrections shall be implemented assessment of the risks to the Amer- officials agree that it should be closed. immediately thereafter. ican people at home and abroad or Also, both President Bush’s Secretaries Sec. 7. Military Commissions. The Sec- without an assessment of the risk to of State and a variety of other bipar- retary of Defense shall immediately take our U.S. forces by such releases. The tisan political officials agree that it steps sufficient to ensure that during the Guantanamo detainees include the per- should be closed. So this is a bipartisan pendency of the Review described in section 4 of this order, no charges are sworn, or re- petrators of some of the most horrific position. ferred to a military commission under the terrorist acts against Americans, in- We have already clearly commu- Military Commissions Act of 2006 and the cluding 9/11, the USS Cole bombing, and nicated to the White House that they Rules for Military Commissions, and that all the Embassy bombings in Africa. must submit a plan showing how they

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15457 intend to proceed. The White House has plan, as reported, is to send some of told us the stimulus bill was going to agreed, and I am confident that their these Uyghurs, some of these Chinese be the salvation of our economic woes. plan will show a reasonable path for- terrorists, to Palau, and we are going They predicted unemployment would ward. to give the Nation of Palau $200 million top out at 8 percent, and they claimed The bill before you today, Mr. Chair- to take care of the Uyghurs—only 17 of that jobs would be created or saved im- man, includes provisions to ensure that them. This does not make financial mediately. Well, there has been a sig- the Congress will have sufficient oppor- sense. It does not make sense for our nificant amount of time since it was tunity to weigh in on that plan, when culture or for the safety of our people passed, and our economic woes haven’t it is submitted, and to preclude most here in America. changed. In fact, the numbers are in activities prior to that. This legisla- One of the excuses that I’ve heard is stark contrast to what we see today. tion before us tonight does not permit that, Well, we’ve got to close Guanta- Unemployment now is at 9.4 percent, the release of Gitmo detainees into the namo Bay because it’s used as a re- and it is headed toward double digits. United States during fiscal year 2010. It cruiting tool. Well, let me tell you: On Just this week, CNN reported that does not permit the transfer of detain- September 11, 2001, Guantanamo Bay Americans saw $1.3 trillion of wealth ees to the U.S. for detention or pros- did not exist. It was not used as a re- vaporize in the first quarter of 2009. De- ecution purposes until 2 months after cruiting tool. What have been used as spite the massive government spend- we’ve received the plan. It does not recruiting tools are the pictures of ing, foreclosures continue. Car dealer- permit the transfer of detainees to for- these detainees, themselves. Yester- ships are closing and layoffs continue. eign countries without notification and day’s bill, the supplemental, which was Home values have continued to decline, certifications to the Congress, and it passed by this House against my vote, and the stock market is down 40 per- does not provide any funds for activi- did not prevent the release of detainee cent from last year. ties relating to the Gitmo closure. This photos. Those will be used. Those will Our government is borrowing money will ensure that we have additional op- be used to recruit other terrorists, so it does not have. It is inflating pro- portunities to debate this issue when don’t give us that as an excuse as why grams and projects we do not need. Re- the administration requests a budget you’ve got to close Guantanamo Bay. cently, it was reported that over 100 amendment or a supplemental to fund Financially, it makes sense to keep wasteful projects were funded through this plan. it open. As far as the safety of our this stimulus bill. We have established a good process country, it makes sense to keep it There is a project that includes thou- for the consideration of this issue, and open. So pass this amendment. Do the sands of signs, at $300 each, to brag it should be allowed to play out before right thing for our country. Vote for about the projects paid for under this we start prejudicing a plan that we the Lewis amendment. bill. There are projects here that could don’t even have before us. This bill pos- Mr. MOLLOHAN. Mr. Chairman, I have been funded under regular order. tures this issue in a good way. I oppose yield back the balance of my time. There is $2.2 million for a State-run the amendment, Mr. Chairman. The CHAIR. The question is on the liquor warehouse to put skylights in I reserve the balance of my time. amendment offered by the gentleman the installation. There is $3.4 million Mr. LEWIS of California. Mr. Chair- from California (Mr. LEWIS). for road tunnels for turtles. Tunnels man, I yield the balance of my time to The question was taken; and the for turtles. Now, it seems like maybe my colleague from Kansas (Mr. Chair announced that the noes ap- the turtles will need the signs to find TIAHRT). peared to have it. the tunnels. There is over $40 billion in The CHAIR. The gentleman from Mr. LEWIS of California. Mr. Chair- a State slush fund, and there is money Kansas is recognized for 11⁄2 minutes. man, I demand a recorded vote. for education. Secretary of Education Mr. TIAHRT. I thank the gentleman The CHAIR. Pursuant to clause 6 of Duncan has admitted he doesn’t know from California. rule XVIII, further proceedings on the how to spend it. Mr. Chairman, this is a very impor- amendment offered by the gentleman This is your stimulus money at work tant amendment. I think it’s very im- from California will be postponed. here in America. Taxpayers don’t un- portant that we understand what is at AMENDMENT NO. 69 OFFERED BY MR. TIAHRT derstand why so much money is being play here. Mr. TIAHRT. Mr. Chairman, I have wasted so quickly with nothing to The current plan by the President an amendment at the desk. show for it. My amendment on the through executive order is to close The CHAIR. The Clerk will designate floor today would keep a quarter of $1 Guantanamo Bay down. Now, this fa- the amendment. billion from our deficit by taking the cility is a state-of-the-art, modern fa- The text of the amendment is as follows: stimulus dollars to pay for this legisla- cility. It includes the right strategy as Amendment No. 69 offered by Mr. TIAHRT: tion and for other legislation. Now, at At the end of the bill (before the short far as the layout of the facility. It also title), insert the following: a time when Americans are pulling has a modern, new courtroom—a state- back on their spending and are saving SEC. ll. None of the funds made available of-the-art courtroom—well-suited to in this Act may be used to obligate, or pay more, our government should do the handle the challenges that we have in the salary or expenses of personnel who obli- same. trying to deal with these detainees, gate, funds made available under the fol- In the first quarter of this year, these self-proclaimed terrorists. lowing headings in title II of division A of household debt fell by an annual rate Now, I’ve been to Guantanamo Bay Public Law 111–5: of 1.1 percent, which is $13.8 trillion. twice. I’ve been to other facilities, like (1) ‘‘Economic Development Administra- Instead of following our constituents’ Fort Leavenworth. The idea of moving tion—Economic Development Assistance actions, though, our government con- these self-professed terrorists to Amer- Programs’’. tinues to spend money that we do not (2) ‘‘National Telecommunications and In- ican soil is a bad idea. It is a worse idea formation Administration—Digital-to-Ana- have. When our government spends to put them in our prisons. We’ve had log Converter Box Program’’. money that we do not have, one of two two incidences within the last month (3) ‘‘National Institute of Standards and things happens: either we borrow it where American citizens have been re- Technology—Construction of Research Fa- from countries like China—and since cruited by radical Islamists in our own cilities’’. China isn’t buying our debt now, the prisons. When they were released, they The CHAIR. Pursuant to House Reso- other solution is that our Federal Gov- committed acts of terror in our coun- lution 552, the gentleman from Kansas ernment prints money. We have had try. It is a bad idea to send these de- (Mr. TIAHRT) and a Member opposed the Fed pump over $1 trillion of new tainees to our prisons. It is a terrible each will control 5 minutes. money into our economy. The problem idea to send them to our American The Chair recognizes the gentleman with the infusion of new money into streets. from Kansas. our economy like this is that it causes Now, this prison cost less than $100 Mr. TIAHRT. Mr. Chairman, earlier inflation. When you have more money million to build. Yet the President’s this year, the Obama administration available for, roughly, the same

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15458 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 amount of goods, you get inflation. The when the economy is recovering. Re- provide the opportunity to allow Amer- equation is very simple. The more covery is measured by a lot of things— ica to grow because when America money we print, the less our money is by the recovery in the credit markets, grows and our economy grows, the Fed- worth. by improvements in the capital mar- eral revenue grows. Inflation hits our retired Americans kets. That’s how we balanced the budget in the worst. They’re on fixed incomes. It Mr. Chairman, I rise in opposition to 1990s. It wasn’t Bill Clinton’s budget. It hits the working poor the hardest— the amendment. It is an unwise time to was the House of Representatives com- people who are just getting by. When do this, and I would hope that the body ing up with opportunity for small busi- you take purchasing value away from would oppose the amendment. nesses. We limited the growth in gov- them, they’re worse off. These Ameri- I reserve the balance of my time. ernment, and we saw our economy ex- cans have worked too hard for their Mr. TIAHRT. How much time is re- pand at over 7 percent per year. And money to see the actions of the Federal maining, Mr. Chairman? that’s how we balanced the budget. We Reserve drastically reduce its value. The CHAIR. The gentleman from can do that again if we just start by 1 Our economic instability and uncer- Kansas has 2 ⁄2 minutes remaining. getting some common sense and repeal Mr. TIAHRT. Mr. Chairman, the rea- tainty is making America’s bonds the unobligated funds in the Recovery son that we would repeal the Recovery toxic. Even countries like China and Act. Act, or the stimulus bill, is that it sim- Brazil are turning up their noses at The CHAIR. The time of the gen- ply doesn’t work. U.S.-held securities in favor of Inter- tleman has expired. In the 1930s, we tried a similar philos- national Monetary Fund bonds. Mr. MOLLOHAN. Mr. Chairman, I ophy. We borrowed money from other Let’s follow our constituents’ lead. would close by repeating again that countries and we started programs that Let’s slow the Treasury’s printing this is the wrong time. The markets had never before been tried, and press. Let’s cut up our Chinese credit are improving. Credit is being reestab- throughout the 1930s, we had double- card and act responsibly by repealing lished. Confidence in the economy is digit unemployment. In May of 1939, the portion of unobligated funds in the increasing. This is the wrong time to Secretary of the Treasury Morgenthau stimulus and pay for the portion of this jerk the rug out from under the stim- said that we have borrowed all of this bill today before us. ulus package, which has gone a long money; we have spent all of this I reserve the balance of my time. way in achieving this progress. I op- money, and we have nothing to show Mr. MOLLOHAN. Mr. Chairman, I pose the amendment. rise in opposition to the gentleman’s for it. The Recovery Act does not work. Mr. Chairman, I yield back the bal- In the 1990s, Japan tried the same amendment. ance of my time. thing. They had a recession. They bor- The CHAIR. The gentleman from The CHAIR. The question is on the rowed money. They started govern- West Virginia is recognized for 5 min- amendment offered by the gentleman ment programs, and it didn’t work utes. from Kansas (Mr. TIAHRT). there either. They call that their ‘‘lost Mr. MOLLOHAN. Mr. Chairman, I op- The question was taken; and the decade’’ where the average per capita pose this amendment. Chair announced that the noes ap- I scratch my head as I did in full income in Japan went from 2nd in the peared to have it. committee. Why would the gentleman world to 10th in the world. Mr. TIAHRT. Mr. Chairman, I de- be offering an amendment to jerk the b 1745 mand a recorded vote. rug out from under the Recovery Act If you want something that works, The CHAIR. Pursuant to clause 6 of at a time when the Recovery Act is be- it’s not borrowing money and spending rule XVIII, further proceedings on the ginning to stimulate and to help the money. Instead, we need to provide op- amendment offered by the gentleman recovery of our economy in the Nation? portunity for our economy. Four out of from Kansas will be postponed. It is just the wrong time to do this, and five jobs in America are small business AMENDMENT NO. 102 OFFERED BY MR. CUELLAR I still question the gentleman’s logic in jobs. We need to provide small business Mr. CUELLAR. Mr. Chairman, I have this. jobs. Remember, General Motors start- an amendment at the desk. Mr. TIAHRT’s amendment attempts to ed out in a garage, Boeing started in a The CHAIR. The Clerk will designate prevent the obligation of Recovery Act barn, Pizza Hut started in a building the amendment. funds for the Economic Development that’s smaller than your office, because The text of the amendment is as follows: Administration. If there is one agency they had opportunity. And we can pro- Amendment No. 102 offered by Mr. in the Federal Government that is fo- vide opportunity without borrowing CUELLAR: At the end of the bill, before the short cused on fomenting economic develop- money from China or printing new ment, it is the Economic Development title, insert the following new section: money at the Treasury. We can do it by SEC. 535. None of the funds made available Administration. This agency is charged reforming our regulations, put them on in this Act may be used to purchase light with stimulating economic develop- cost-based analysis. We can do it by re- bulbs unless the light bulbs have the ‘‘En- ment in areas that are most needy forming our health care, making it ergy Star’’ or ‘‘Federal Energy Management head on and the amendment is trying market based. We can do it by reform- Program’’ designation. to undermine its ability to do its mis- ing our litigation policy, using loser The CHAIR. Pursuant to House Reso- sion. pays. We can do it by lowering our lution 552, the gentleman from Texas NTIA’s digital-to-analog converter taxes and making capital welcome in (Mr. CUELLAR) and a Member opposed box program is attacked, as is the America. each will control 5 minutes. NIST research construction account. Capital is a coward, and we are scar- The Chair recognizes the gentleman There is criticism in a lot of areas, and ing it off. And you can’t create an from Texas. certainly in some quarters on the other economy that is strong and recoverable Mr. CUELLAR. Mr. Chairman, I yield side of the aisle, by those who oppose if you don’t create small business jobs. myself such time as I may consume. the Recovery Act, that funds are not So if you really want to do it, you can First of all, I want to thank Chair- getting out quickly enough for con- do it on the cheap and do it success- man MOLLOHAN for the leadership that struction. Those are the areas that de- fully. he has provided on this particular bill, monstratively provide real jobs in real If you want to borrow this money and along with the ranking member on this time. force this debt on our kids, this $250 particular bill. So it’s unclear why Mr. TIAHRT is sin- billion, then you can go ahead with I rise today in support of my amend- gling out these agencies when so many this plan. But there is something bet- ment to ensure long-term taxpayer other agencies in this bill also receive ter. There is an alternative that actu- savings. This amendment will make funds under the Recovery Act. It is the ally works, and historically it’s proven. certain that no lightbulbs will be pur- wrong time to reach back and to try to So what we want to do is repeal the chased using funds appropriated under undo the stimulus package at a time Recovery Act, the stimulus bill, and this bill that do not meet the ENERGY

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15459 STAR or the Federal Energy Manage- Mr. PRICE of Georgia. Mr. Chairman, to safeguard the Southwest border, ad- ment Standards. this is a simple amendment that says dress the Mexican cartel violence, and As you know, Mr. Chairman, this that we ought to take $100 million, we support activities of the Department of amendment would ensure that the Fed- ought to adopt the President’s chal- Homeland Security; and $3.4 billion in eral Government makes a long-term lenge to the departments, and we ought grant funding for State and local en- investment in lowering costs to tax- to save, remove, $100 million from the forcement assistance, including $298 payers on inefficient technology. EN- Department of Justice in this bill. million to put additional police on the ERGY STAR lightbulbs have been On April 20 the President held his beat, $100 million for prisoner reentry proven to use less electricity and last first Cabinet meeting, and he charged initiatives, and $94 million for tribal longer, saving taxpayers dollars on the members of his Cabinet with find- law enforcement. both counts. ing $100 million out of their depart- These investments are absolutely Americans know that regular ments in savings. This was to try to necessary, unlike what the gentleman lightbulbs waste almost 90 percent of live up to his promise of going through has suggested that somehow they’re the energy on generating heat instead the budget line by line. unnecessary, that somehow this is of light. ENERGY STAR lightbulbs, It’s important, Mr. Chairman, to put change that can be found, and these which use compact fluorescent light, $100 million in context: A $100 million programs can be cut. In fact, what we provide the same light as a standard reduction in the President’s budget are doing is reinvesting in the law en- bulb but use 75 percent less energy and would be 1/40,000th of the Federal budg- forcement infrastructure of this coun- last 8 to 12 times longer. et, 1/7,830th of the size of the ‘‘nonstim- try on the border, in our cities, and in I know this amendment was approved ulus’’ bill adopted earlier this year, 1/ the issues of white-collar crime. in past appropriations, and this House 1,845th of this year’s budget deficit re- I would hope that he would under- accepted this amendment included in duced. It would be the amount that the stand that this is an essential part of the fiscal year 2008 Legislative Branch Federal Government spends every 13 this legislation and that this was care- Appropriations. minutes. Mr. Chairman, $100 million is fully crafted as we consulted with peo- I want to thank Mr. UPTON, Ms. HAR- what the government spends every 13 ple across the various jurisdictions MAN, and Mr. INGLIS. Both Democrats minutes. within these institutions to make sure and Republicans have supported this Don’t you think we could find $100 that we could, in fact, provide them to particular amendment. million, what we spend every 13 min- be secure and to serve the needs of this Mr. Chairman, at this time I yield to utes, as savings? It’s the equivalent of Nation. I think this has been a good- the chairman. a family that earns $40,000 cutting a faith effort to do that, and I would Mr. MOLLOHAN. I thank the gen- dollar out of their budget. hope that we would reject this amend- tleman. Mr. Chairman, in the context of this ment. I commend him for his efforts in this bill, it’s even more striking. From fis- I ask for a ‘‘no’’ vote. area, environmentally conscious, and I cal year 2008 numbers to this proposal Mr. Chairman, I reserve the balance appreciate his contribution to our bill. here on the table, a 24.2 percent in- of my time. Mr. Chairman, we accept the amend- crease, that’s a $13 billion increase, and Mr. PRICE of Georgia. Mr. Chairman, ment. $100 million is less than 1 percent. carefully crafted? Carefully crafted? A Mr. CUELLAR. If there is no opposi- Mr. Chairman, it just makes sense, 24.2 percent increase, $13 billion in- tion, I will stand with the chairman’s while the American people are strug- crease, carefully crafted? recommendation. gling, while the American people are I never suggested that these pro- Mr. Chairman, I yield back the bal- tightening their belts, while they’re grams weren’t important. What I sug- ance of my time. clamoring for us to be fiscally respon- gested, Mr. Chairman, was that out of The CHAIR. The question is on the sible and not spend any more of their the entire budget of the Department of amendment offered by the gentleman money, to save $100 million, find $100 Justice, can we not save a penny on a from Texas (Mr. CUELLAR). million. Can’t we do just that? dollar? Can we not save a penny on a The question was taken; and the I urge my colleagues to support this dollar when the American people are Chair announced that the ayes ap- amendment. struggling across this land to find pen- peared to have it. Mr. Chairman, I reserve the balance nies that the Federal Government is Mr. PRICE of Georgia. Mr. Chairman, of my time. stealing from them? Can we not just I demand a recorded vote. Mr. GEORGE MILLER of California. save a penny on a dollar? It’s a simple The CHAIR. Pursuant to clause 6 of Mr. Chairman, I rise to claim time in thing to do, Mr. Chairman. rule XVIII, further proceedings on the opposition to the amendment. I urge my colleagues to support this amendment offered by the gentleman The CHAIR. The gentleman is recog- amendment. from Texas will be postponed. nized for 5 minutes. Mr. Chairman, I am pleased to yield AMENDMENT NO. 96 OFFERED BY MR. PRICE OF Mr. GEORGE MILLER of California. to my friend from Texas (Mr. GOH- GEORGIA Mr. Chairman, I oppose this amend- MERT). Mr. PRICE of Georgia. Mr. Chairman, ment. Mr. GOHMERT. Mr. Chairman, as I have an amendment made in order by At this funding level, the bill sup- someone who served as a judge and a the rule at the desk. ports more than $585 million in in- chief justice and had it constantly The CHAIR. The Clerk will designate creases for counterterrorism and intel- drubbed into my head during hours and the amendment. ligence programs. At the same time, hours and hours of ethics classes about The text of the amendment is as fol- the bill makes long overdue reinvest- the appearance and potential conflicts lows: ments in traditional Department of of interest, we know that our chairman Amendment No. 96 offered by Mr. PRICE of Justice missions like drug and firearms was deservedly getting accolades from Georgia: At the end of the bill (before the short enforcement, regulation of the market- crew and others for recusing himself in title), insert the following: place, protection of civil rights and lib- 2007 because of the reported investiga- SEC. ll. Appropriations made in Title II erties, support of the judicial process tion by the Department of Justice. of this Act are hereby reduced in the amount and State and local assistance. Specific This is an elephant in the room. The of $100,000,00. initiatives include: $63 million for new Department of Justice budget is being The CHAIR. Pursuant to House Reso- funding to address white collar crime; dealt with here, and there has been no lution 552, the gentleman from Georgia $24 million in new funds to reinvigorate indications that there has not been an (Mr. PRICE) and a Member opposed each and expand civil rights enforcement; investigation. So I’m hoping that the will control 5 minutes. $71 million to improve the safety and record can be clear because it does look The Chair recognizes the gentleman security of inmates and guards in Fed- funny, it smells bad, if someone’s under from Georgia. eral prisons; $345 million in new funds investigation and they’re managing the

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15460 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 budget for those who are doing the in- (3) Identification of undisbursed balances amendment is a critical step in keep- vestigation. in expired grant accounts that may be re- ing track of our dollars once they’ve I thought it was a wonderful thing turned to the Treasury of the United States. gone out the door. I urge my colleagues (4) In the preceding 3 fiscal years, details that Chairman MOLLOHAN did in 2007. on both sides of the aisle to support on the total number of expired grant ac- He deserved the accolades he got for counts with undisbursed balances (on the this fiscally responsible amendment. recusing himself. And I was wondering, first day of each fiscal year) for the depart- Mr. MOLLOHAN. Will the gentleman and I would be glad to yield for the ment, agency, or instrumentality and the yield? chairman to indicate, if there is no fur- total finances that have not been obligated Mr. HODES. I yield to the gentleman ther investigation. Obviously, there is to a specific project remaining in the ac- from West Virginia. no requirement to respond. counts. Mr. MOLLOHAN. I thank the gen- But it is an elephant in the room. It The CHAIR. Pursuant to House Reso- tleman for his contribution to the bill. clearly is a conflict of interest. And I lution 552, the gentleman from New It is a real one, and we are pleased to hope that we can help eradicate the so- Hampshire (Mr. HODES) and a Member accept the amendment, Mr. Chairman. Mr. HODES. I yield back the balance called ‘‘culture of corruption’’ that ap- opposed each will control 5 minutes. of my time. peared to the public by dealing with The Chair recognizes the gentleman The CHAIR. The question is on the this issue. from New Hampshire. amendment offered by the gentleman Mr. PRICE of Georgia. Mr. Chairman, Mr. HODES. Mr. Chairman, I rise in from New Hampshire (Mr. HODES). again, I think it’s important to appre- support of the amendment I have of- The question was taken; and the ciate that in the context of this overall fered, amendment No. 98. Chair announced that the ayes ap- bill, in the context of this portion of I begin by congratulating Chairman peared to have it. the appropriations process that’s gone MOLLOHAN and the ranking member on Mr. CULBERSON. Mr. Chairman, I from $51 billion in 2008 to $64 billion all of their important work on this leg- demand a recorded vote. this year, that’s a 24.2 percent increase, islation, and I thank the Rules Com- The CHAIR. Pursuant to clause 6 of a $13 billion increase. Can we not find mittee for making this amendment in rule XVIII, further proceedings on the $100 million? In fact, that’s what the order. amendment offered by the gentleman President asked, to find $100 million in Mr. Chairman, currently once tax- from New Hampshire will be postponed. savings. It wasn’t too much for the payer dollars have been appropriated AMENDMENT NO. 63 OFFERED BY MR. NUNES President to ask. by Congress to grant accounts, there is Mr. NUNES. Mr. Chair, I have an Let’s help out this administration in no accountability required of those amendment at the desk. their minimal attempts to provide fis- funds. The CHAIR. The Clerk will designate cal responsibility, minimal attempts. I b 1800 the amendment. urge my colleagues to support an The text of the amendment is as fol- amendment that all it’s asking for is My amendment would fix this prob- lows: saving less than one penny out of every lem and make sure taxpayer dollars are Amendment No. 63 offered by Mr. NUNES: dollar. accounted for after we have appro- At the end of the bill (before the short Mr. GEORGE MILLER of California. priated those moneys. title), insert the following: Mr. Chairman, I yield back the balance In an August 2008 report on grants SEC. ll. None of the funds made available of my time. management, the GAO recommended in this Act may be used to implement the bi- that the Office of Management and ological opinion entitled ‘‘Biological Opinion The CHAIR. The question is on the and Conference Opinion on the Long-Term amendment offered by the gentleman Budget report annually on expired Operations of the Central Valley Project and from Georgia (Mr. PRICE). undisbursed grant accounts, but unfor- State Water Project’’, issued by the National The question was taken; and the tunately no action has been taken on Marine Fisheries Service and dated June 4, Chair announced that the noes ap- this recommendation, and taxpayer 2009. peared to have it. dollars are sitting unused in these ac- The CHAIR. Pursuant to House Reso- Mr. PRICE of Georgia. Mr. Chairman, counts. lution 552, the gentleman from Cali- I demand a recorded vote. My amendment is similar to what fornia and a Member opposed each will The CHAIR. Pursuant to clause 6 of was required in the American Recovery control 5 minutes. rule XVIII, further proceedings on the and Reinvestment Act. My amendment The Chair recognizes the gentleman amendment offered by the gentleman ensures that there is clear oversight of from California. from Georgia will be postponed. taxpayer dollars. The amendment re- Mr. NUNES. Mr. Chair, today it’s AMENDMENT NO. 98 OFFERED BY MR. HODES quires oversight and accountability of been 628 days since many of my col- Mr. HODES. Mr. Chairman, I have an expired undisbursed grant accounts. leagues and I requested this Congress amendment at the desk. The amendment would instruct all ex- to take action to avoid a collapse of The CHAIR. The Clerk will designate ecutive departments and independent civil society in the San Joaquin Valley. the amendment. agencies to track undisbursed balances Only 3 months ago I again warned Con- The text of the amendment is as fol- in expired grant accounts and report gress that an economic catastrophe lows: the results to the Office of Manage- was looming. Despite this warning, the Amendment No. 98 offered by Mr. HODES: ment and Budget. This will help lower leadership of this Congress sat back At the end of the bill (before the short the national deficit because my amend- and did absolutely nothing. The result, title), insert the following: ment also requires the reports to iden- 40,000 workers laid off, unemployment SEC. ll. The Director of the Office of tify which accounts could be returned nearing 20 percent with some Valley Management and Budget shall instruct any to the United States Treasury. communities nearing 50 percent. This department, agency, or instrumentality of Now the group Citizens Against Gov- man-made drought in California is the the United States Government receiving funds appropriated under this Act to track ernment Waste has advocated similar direct result of this government’s ac- undisbursed balances in expired grant ac- policies. Most recently they advocated tion to protect the 3-inch minnow. The counts and include in its annual performance rescinding funds earmarked by Con- situation has now been compounded by plan and performance and accountability re- gress for the Federal Transit Adminis- a recent Obama administration action ports the following: tration that remain unobligated after 3 that now blames cities and farms in (1) Details on future action the depart- years. With so many families strug- California for the plight of the killer ment, agency, or instrumentality will take gling in this tough economy, we must whale. This is absolutely absurd. What to resolve undisbursed balances in expired invest wisely to help our constituents is wrong with this government? We are grant accounts. (2) The method that the department, agen- and to be vigilant with taxpayer dol- starving people to save the killer whale cy, or instrumentality uses to track lars. We need to ensure there is strong now. This highly controversial opinion undisbursed balances in expired grant ac- oversight and accountability once tax- was rushed into print by the Obama ad- counts. payer dollars are appropriated. This ministration without public comment

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15461 or debate. This is a clear violation of in this biological opinion. Therefore, tem, the CVP, on a system-wide basis. the Endangered Species Act and has we believe it’s flawed. We keep chopping it up in little incre- since been challenged in court. Never- There are other factors that con- ments. We chop it up based upon the theless, the Obama administration, tribute to the decline of the fisheries in Valley, based upon the south, based just like the captain of the Titanic, de- the delta which we must change, which upon the north, based upon the delta. clared full steam ahead and mandated we must correct—treatment from sew- We thought that with good science, we further reductions on California’s age facilities; unscreened private pump would have the opportunity to start to water supply. This has caused water diversions that take up as much water overcome that and to broaden this dis- shortages to spread not only in the San in the delta as we export south; cussion. But this amendment will col- Joaquin Valley but now to Los Angeles nonpoint source pollution that has lapse it all back again, we’ll start all and even to San Diego. The Democrat quadrupled as a result of urban areas in over again, and we’ll just waste a lot of Congress is directly responsible. You the area; and invasive species. time. And the problems in the Central were warned, you failed to act, and now Bottom line, this biological opinion Valley will get worse for agriculture; this Congress must accept the responsi- is flawed, and we ask that we finally they will get worse for the economy; bility for their actions. stop this nonsense and come together. they’ll get worse in Southern Cali- A government that cannot provide When will this stop? When our valley fornia; they’ll get worse in the delta; water is a government that has failed. has no more water left for its farmers we’ll have more endangered species Throughout history, dictators like and its farm workers? I strongly sup- lawsuits; and we’ll have more com- Zimbabwe’s Robert Mugabe have used port Congressman NUNES’ amendment. plications. And we’ll accomplish noth- water as a weapon to starve their en- I ask that we come together in a bipar- ing. emies of water. But what we’ve never tisan sense. This is not a Republican or It’s bold in its approach. It’s destruc- seen in history is a democracy starving a Democratic issue. It’s an issue that tive in its results. its own people of water. we must solve, and we must do it now. The CHAIR. The gentleman from Mr. Chair, my constituents are not Mr. MOLLOHAN. Mr. Chairman, I West Virginia has 1 minute remaining. enemies of the state. Quite honestly, yield 2 minutes to the gentleman from The gentleman from California has 2 offering this amendment today is the California (Mr. GEORGE MILLER). minutes remaining. Mr. NUNES. Mr. Chair, excuses, ex- worst of all options. But because of the Mr. GEORGE MILLER of California. cuses, excuses. What we’ve had actions of this Democrat majority, I I thank the chairman for yielding. throughout my entire career in Con- had no other choice. They have refused I would hope that Members would op- gress is more and more excuses. I ap- to allow debate on this issue or even a pose this amendment. This amendment preciate the gentleman spent three vote on a bill that would end this crisis makes nothing better. I appreciate the decades in this body systematically de- for good. This amendment is a small frustration of my friends who live in stroying the Valley’s economy. And so step in a long process that must be the Valley and are undergoing very se- to hide behind the courts, to hide be- made to build a case that this Congress rious economic times. But the fact of the matter is, to suggest now to throw hind the bureaucracy, to hide behind has failed its constitutional duties to the Obama administration, it may provide for the general welfare of its out this biological opinion makes noth- ing better. sound good to the gentleman from Cali- citizens. fornia. But the reality of it is, there Mr. Chair, this is a bipartisan amend- Now you have a situation where the Bureau of Reclamation is trying to are people living in their cars. People ment. I would urge support of this don’t have food. Food banks are out of amendment. My colleagues Mr. CAR- deal with these problems. We would lose this consultive agency and the Ma- food. Workers are trying to have work. DOZA and Mr. COSTA have been very Farmers are going bankrupt because of helpful in drafting this amendment. I rine Fisheries Agency; and as a result of that, they could not go forward with the actions that Mr. MILLER has taken hope that the Congress would adopt it. throughout his entire career. It’s okay. I reserve the balance of my time. another biological opinion, which you may or may not want. But what we It’s okay to value fish. That’s okay. Mr. MOLLOHAN. Mr. Chairman, I But understand that you’re starving would be is we would be stymied, as rise to claim the time in opposition, families while you value the fish. It’s was suggested in this opinion and by while I may not be in opposition. unfortunate. The CHAIR. Without objection, the the court, in the ability to look for Mr. Chair, I appreciate my col- gentleman from West Virginia is recog- other mechanisms that we could use leagues’ support of this amendment. nized for 5 minutes. instead of just turning to the idea that I reserve the balance of my time. There was no objection. you’re going to reduce the pumping. Mr. MOLLOHAN. Mr. Chairman, I Mr. MOLLOHAN. Mr. Chairman, I But that goes out the door now because yield 1 minute to the gentleman from yield 2 minutes to the gentleman from you will not have the scientific credi- California (Mr. THOMPSON). California (Mr. COSTA). bility enabling the bureau to go for- Mr. THOMPSON of California. Mr. Mr. COSTA. Thank you very much, ward. So the bureau will fumble around Chair and Members, I understand the Mr. Chairman. now for a number of months, trying to frustration of my friends from the Val- I rise to speak in favor of Congress- figure out how to handle this problem. ley on this issue. I’ve been living it in man NUNES’ amendment. My district is And eventually, for legal reasons, my district. The last administration ground zero, where the drought is hav- they’re going to have to go back to the devastated the fishing families of the ing its most severe effect in California. Marine Fisheries, and the Marine Fish- north coast. We haven’t had a fishing The biological opinion in question eries are going to tell them that Con- season up there in years. Again this asked for modifications to the Central gress barred them from consultations. year it’s closed. And it’s all because Valley and State water projects that The consultations will not take place; science was put aside in favor of poli- would divert even more water from ag- and as a result of that, we have lost a tics. Finally we have science coming ricultural communities in the San Joa- year, 18 months, 2 years, whatever time in. Science should be allowed to be con- quin Valley. We believe, with the mod- it takes instead of going forward on sidered. And as one of the previous eling, that this adds another 330,000 this biological opinion which allow for speakers, Mr. MILLER, has mentioned, acre-feet to more than 3 million acre- some additional alternatives, some ad- this amendment does absolutely the feet of water that has already been re- ditional investigations within the delta wrong thing. Not only does it take allocated over the last 20 years. and elsewhere in this system. science off the table again, which led There are substantial biological as- This builds on a whole series of re- us, in part, to this problem and put the sessments that have been performed on ports that have come out by the past courts in control of these rivers, but it the delta. These opinions have been administration’s Office of Management also limits our opportunities to address cited, the assessments have been made, and Budget, saying that the failure the overall problem. Without the Fed- but they were not taken into account here is not to look at the water sys- eral agencies at the table being able to

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15462 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 bring different options to solve this Joaquin Valley—not Mr. COSTA and Mr. sons for three of the past four years. These problem not only for the Valley fami- CARDOZA, who are trying their best to closures and limitations on fishing are com- lies but for the coastal families as well, deal with their leadership to try to pletely unprecedented and have devastated we’re limited, and it’s not going to bring some attention to this problem. both states’ hunting and fishing industries, bring any answers forward. Mr. CARDOZA. Mr. Chair, I rise in support which together employ over 250,000 workers It is a mistake to pass this amend- of Mr. NUNES’ amendment. and contribute more than $13.6 billion to state ment. It won’t solve the problem. It The National Marine Fisheries Service’s Bio- economies. will just exacerbate the situation. logical Opinion on the Central Valley Water Our fisheries and coastal communities can- Mr. NUNES. Mr. Chair, how much Project and State Water Project is flawed be- not afford to be subjected to politics. I reject time do I have remaining? cause it attributes the pumps as a single fac- the Nunes amendment wholeheartedly and The CHAIR. The gentleman from tor in the decline of fisheries in the Bay Delta. ask my colleagues to do the same. California has 1 minute remaining. The Numerous regulatory measures under the En- Mr. NUNES. I yield back. time has expired for the other side. dangered Species Act, the Central Valley The CHAIR. The question is on the Mr. NUNES. Mr. Chair, I appreciate Project Improvement Act and the Clean Water amendment offered by the gentleman my other friend from California. But have already resulted in over 50 percent cuts from California (Mr. NUNES). the facts are, it’s absurd to think that to water deliveries, yet haven’t resulted in any The question was taken; and the pumping some water out of a delta is improvement to the fisheries. The interim court Chair announced that the ayes ap- killing killer whales, and that’s what is orders under which this BO is based and a peared to have it. in this biological opinion. When the previous Biological Opinion on the delta smelt Mr. GEORGE MILLER of California. government gets to the point of blam- have slashed deliveries to just 10 percent, and Mr. Chairman, I demand a recorded ing killer whales for problems, the gov- we still are not seeing any improvement to the vote. ernment has much bigger problems fisheries. The CHAIR. Pursuant to clause 6 of than just this little amendment. Implementing the Biological Opinion truly is rule XVIII, further proceedings on the So when you look at the fisheries in the definition of insanity—doing the same amendment offered by the gentleman California that have been destroyed, thing over and over again and expecting dif- from California will be postponed. the fishing industry was run out of San ferent results. Mr. CULBERSON. Mr. Chairman, I Diego a long time ago. There used to be We cannot solve the challenges of the Delta move to strike the last word. Portuguese American fishermen that ecosystem by continuing to curtail pumping. The CHAIR. The gentleman from controlled the tuna industry in San We are long overdue for a study that exam- Texas is recognized for 5 minutes. Diego. The Democrats ran them out ines all of the factors affecting the Delta, such Mr. CULBERSON. The issue which back in the seventies and eighties. So as non-native fish that are predators of endan- my colleagues from California have to now blame little minnows and gered species, climate change, and pollution brought up is extraordinarily impor- pumping water to allow people to work such as discharged wastewater. It is impera- tant, and I would like at this time, if I are now destroying all the fish and tive we undertake a complete study that identi- could, to yield to the gentleman from killer whales in the ocean is absurd. We fies all of these factors and then set policy ac- California (Mr. NUNES). have starving people in the Valley. cording to a complete set of data. To continue Mr. NUNES. I thank the gentleman When is this Congress going to act? to curtail pumping prevents a true solution. from Texas for giving more time to When? How many more days? It’s been The cumulative effect of this Biological this amendment. going on for 2 years. How much longer? Opinion and other regulatory decisions is crip- As you know, we had to go to the Is 40,000 people enough people out of pling small farm communities in the San Joa- Rules Committee last night to try to work? Do we need 80,000 people out of quin Valley. The San Joaquin Valley has an get this amendment made in order. We work? How many more people must average unemployment rate hovering near 20 had many of our colleagues who starve because of the inaction by this percent, with some communities at 45 percent. weren’t even allowed to offer amend- body? That’s what I want to know. This is one more strike in what is an economic ments. The Republicans have com- disaster for my constituents. pletely been shut out of the process, b 1815 Mr. WU. Mr. Chair, I rise to express my op- and I don’t know how we’re supposed to The CHAIR. The gentleman’s time position to the Nunes amendment. This come to commonsense resolutions to has expired amendment puts the salmon runs of the Sac- the problems in this country if we The gentleman from West Virginia ramento River, which is the major run of Pa- don’t even have time to debate issues. does have 15 seconds remaining. cific salmon, in jeopardy of extinction and risks My friend, Mr. CARDOZA, wanted to Without objection, each side is al- shutting down the Central Valley Project and have time to come out and debate lowed an extra 15 seconds of time to State Water Project, affecting water supplies these issues; my friend, Mr. COSTA, had control. for farms and millions of Californians. to fight with his leadership to have There was no objection. This amendment could halt all activity in time to come down and debate these Mr. MOLLOHAN. Mr. Chairman, I California’s major water infrastructure and issues. What’s wrong with the leader- yield 15 seconds to the gentleman from would only serve to delay development of a ship over there? How long are you California (Mr. COSTA). long-term management plan for water re- going to let these people starve? How Mr. COSTA. Mr. Chairman, I just sources. Mr. NUNES’ proposal would send gov- long? Two years. It’s 2 years now since think that it’s time for common sense ernment agencies and partners back to the we’ve asked. to prevail. I’ve lost 30,000 jobs in my drawing board, inviting further litigation and The pumps in California have to run, district as a result of this drought. We greater intervention by federal courts. More- and sooner or later, your colleagues in may lose generations of farmers. We over, the amendment would prevent us from Los Angeles—whether they like it or need to come together with a Cali- finding consensus solutions for another year not—the Democrats in Los Angeles fornia solution that is aside from the or more. who have refused to do anything, their partisan differences and bring back California water disputes have worsened water rates are going up. They’re run- water for all regions of California. over the last eight years as politically moti- ning out of water. San Diego’s water We’re fighting for farmers and farm vated water policies killed tens of thousands of rates are up 40 percent this year. So workers. I would ask common sense to salmon. Some of the water decisions made you can run, but you can’t hide. This prevail. during that time were not based in science isn’t going away. Mr. NUNES. I would just say, Mr. and have since been ruled illegal by federal I would encourage the leadership of Chairman, that I wish that my friend, courts and illegitimate by the Commerce De- this body to get some people with com- Mr. COSTA, was the Speaker and not partment’s inspector general. mon sense to get control of this body. our current Democrat leadership be- As a result of these short-sighted policies, Mr. CULBERSON. I yield to the gen- cause it’s the current leadership that’s California and Oregon have gone without com- tleman from California (Mr. DANIEL E. destroying the economy of the San mercial and recreational salmon fishing sea- LUNGREN).

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15463 Mr. DANIEL E. LUNGREN of Cali- How many? I want to know. How many astated the salmon runs. I didn’t see fornia. Mr. Chairman, we have looked jobs should we lose? Is 40,000 jobs in the that happen. at what’s happened in Detroit and San Joaquin Valley not enough? We have seen now, as the environ- other parts of this country where we’ve Should we go to 80,000 jobs? 150,000 ment has deteriorated in the San Fran- had high unemployment rates, and we jobs? Should we put a million acres out cisco Delta and bay area, small busi- have been directed to offer a solution of production? nesses have closed up, many people in a short period of time. The gen- You guys are in control. Why don’t have lost their livelihoods; and, yes, tleman from the Central Valley has a you tell us how many acres you want it’s very intense in the Central Valley. situation that is every bit as dire; in out of production tonight so we can But I don’t see some of my colleagues fact, it is worse in terms of the unem- end the misery. Tell the people, Look, on the other side who represent areas ployment rates in the communities you’ve got to move out of the valley. that have a hundred percent of the that he services. Maybe they can move to the bay area. water. In fact, some of the valley farm- We are destroying those communities Maybe there would be work there for ers have 70 percent of their allocation at the present time and the lifeblood of them. Maybe they’ll get green jobs. I in this drought year. agriculture in those communities that don’t know. Somehow to blame this on this mo- have stood for well over a hundred But right now, a half a million acres ment, this administration that’s been years is being irreparably harmed. And are out of production. So how many in office for 5 or 6 months, when in fact the gentleman’s amendment—although more acres are we going to put out of for 8 years there was a design to ex- it may not be the best solution, as he production? How many more people are ploit this system by opening up the suggested—is the only thing that he going to starve because of the inaction pumps, devastate the system, and now has been given an opportunity to by the Democrats in this body? How those chickens have come home to present in this body. And he has waited many more? That’s all I want to know. roost and those illegalities have been every year that he has been here to try I will yield if anyone wants to answer found out. and solve this problem, and yet there me how many jobs we’re going to lose. The court has asked for direction. has been a failure for us to solve this The CHAIR. The gentleman from This administration put together a bio- problem. Texas controls the time. logical opinion. It was peer reviewed, And I don’t know how we can stand Mr. NUNES. Looks like we won’t get and they’ve offered that up to begin here and say to the gentleman, just an answer once again, Mr. Chairman, the discussions of how we settle some wait. Just wait—as he has percentages but I want to thank my Democrat col- of these problems in the delta, south of of unemployment that would shake the leagues, Mr. CARDOZA and Mr. COSTA, the delta, and north of the delta. That rest of this country. When he has peo- for supporting this amendment. I know now is going to be thrown into chaos if ple whose livelihoods and whose fami- it’s been hard for them, and I appre- this amendment succeeds to become lies’ livelihoods are being destroyed on ciate their friendship and their work law because then we will not have a daily basis, he has heard nothing but on this issue. I also want to thank the those tools available to us. silence, silence in this House and from Republican leadership in this body for So we’ll go into another year that this administration supporting this amendment. may be a drought and we will not have I would hope that we could support The CHAIR. The time of the gen- the system-wide approach to dealing his amendment. It may not be the per- tleman from Texas has expired. with that to help the families in the fect amendment, I agree. But it’s the ANNOUNCEMENT BY THE CHAIR Central Valley, in southern California, only thing he has been given an oppor- The CHAIR. The Members are re- in northern California. These are all of tunity to bring to this floor, and minded to please address their remarks the same families. These are all the maybe it will be given an awareness of to the Chair. same people who are looking for work, this House and this administration Mr. MOLLOHAN. I move to strike looking for jobs. But the fact of the that you can’t throw away a part of the the last word. matter is, if you devastate this water Central Valley of California and say, The CHAIR. The gentleman from system, they all pay the price. These are disposable people; these are West Virginia is recognized for 5 min- So now we’re trying to recover from disposable families; these are dispos- utes. 8 years of mismanagement, from 8 able farms. Mr. MOLLOHAN. Mr. Chairman, I years of illegal activity, from 8 years of Mr. CULBERSON. How much time do yield to the gentleman from California throwing science out the door, and now I have remaining, Mr. Chairman? (Mr. GEORGE MILLER). we’re left with that wreckage. There’s The CHAIR. The gentleman has 2 Mr. GEORGE MILLER of California. a lot of cleanup to do after this Bush minutes and 15 seconds. Mr. Chairman, Members of the House, administration, and this is one of those Mr. CULBERSON. I yield to the gen- you know we’re here in this situation projects. And this project now has to tleman from California (Mr. NUNES). because a court ruled after the last ad- be rehabilitated, this project has to be Mr. NUNES. My friend from Cali- ministration trampled through the brought together so that the Central fornia, Mr. Lungren, is exactly correct. Fish and Wildlife Service, the National Valley Project can serve its clients, This is all we can do. The Democrat Marine Ocean Service, and altered sci- can serve the needs of the whole State majority, they’re correct. This isn’t a entific findings, studies, and opinions of California. And if it doesn’t happen solution to the problem, but it’s all we that we could no longer conduct the that way, it’s not going to work politi- can do. Maybe we can have a unani- business of the Central Valley Project. cally, it’s not going to work environ- mous consent agreement tonight. I I didn’t see my friends on the other mentally, it’s not going to work sci- have a bill ready to go. We can vote on side of the aisle raise one objection at entifically, and it’s not going to work it tonight so we can get the pumps the time that those actions were tak- economically. back on so we can get water to these ing place, at the time that criminal be- We’ve just been through 8 years people so they can go back to work and havior was taking place. where people tried to segment this provide for their families. I didn’t see them raise one objection state-wide project into little bits of Mr. Chairman, a guy in a food line in when the northern rivers were de- pieces for their advantages, and if they Mendota not long ago told the national stroyed and fishery seasons have been had enough politics on their side, they media he didn’t want to be in the food closed for years and families have lost took that advantage whether it was line. He only wanted a job to provide their businesses, lost their livelihood— supported by the law or not. And this is for his family. The Democrats control whether they were going to seed the the carnage that has been left behind Congress. The Democrats control the fish or they were small businesses on because we missed 8 years of oppor- White House. How much longer does the north coast or small businesses on tunity to rebuild this system so that it the guy have to wait to feed his fam- the Oregon border—and those political could serve the needs for which it was ily? How many more jobs must we lose? decisions were made, and they dev- designed.

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15464 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 That’s the tragedy of what has taken As we know, spending is out of con- I would also suggest that that’s ex- place here. That’s the tragedy that trol here in Washington, D.C. The actly what this subcommittee has we’re trying to overcome. That’s the American people know that this gov- done, both the majority and the minor- tragedy that will be compounded by ernment doesn’t have a revenue prob- ity, and we have done it in close co- the Nunes amendment if it’s adopted lem, it has a spending problem. And we operation with the minority as we have because it will set all of this back are hearing it from constituents all worked this bill this year and brought many, many months—if not years—in across this Nation as they begin to it to the floor of the House. We have this effort to rebuild the Central Val- look at how this should be addressed looked at every single one of these ac- ley Project of California so it can meet and talk to us about how we think it counts. We have done exactly what this the demands of which are put upon it. ought to be addressed. amendment does not do. We have done Mr. MOLLOHAN. Mr. Chairman, I Well, Mr. Chairman, one of the things the hard work of thinking about where yield to the gentleman from California that we do know is that in our States— dollars should be applied, where the (Mr. THOMPSON). which are great labs for bringing for- need exists, and where that need exists, Mr. THOMPSON of California. I ward entrepreneurial ideas and inno- we’ve increased funding in accounts, thank the gentleman for yielding. vating ways to address problems in the not indiscriminately, but very con- I want to add that this should not be public sector—many times they will sciously through a thoughtful process. about choosing one job or one person’s move to across-the-board spending Now, just a couple of examples of job over the job of another person. As I cuts. Certainly, in my State of Ten- what a 5 percent cut would do. In the mentioned earlier, many, many fishing nessee, our Democrat Governor went in Department of Commerce, a 5 percent families on the north coast of Cali- and made a 9 percent across-the-board reduction would result in the complete fornia and the coast of Oregon have spending reduction because he had to elimination of $370 million of Census been displaced. We have lost boats, lost get in there and address the out-of-con- contingency funding, significantly in- businesses, lost fortunes, lost opportu- trol growth of TennCare, our public op- creasing the risk of unforeseen events nities, and all because the science was tion health care delivery system that impacting field operations with regard scrapped. The last administration many want to replicate nationwide. to the census. pushed forward a water policy that was Now, throughout our Nation’s his- Mr. Chairman, we are on the brink of illegal, that didn’t pay any attention tory, we have had times when this body conducting the 2010 census. The census to anything other than politics. and our Commanders in Chief have has had a lot of starts and stops along b 1830 sought to also do across-the-board the way. Those matters have been cor- spending cuts. At the onset of World rected, and we are in a position to have In the Klamath River in my district, War II, President Roosevelt came in a good, accurate census conducted in that water policy brought us 80,000 and made a 20 percent across-the-board this country. This is the wrong time to dead spawning salmon. It absolutely cut in nondefense spending. President take any cut with regard to Census. closed the fishing season on the north Truman, with the Korean War, made a A reduction of $230 million to NOAA coast. It’s closed again this year. It’s 28 percent across-the-board spending would eliminate the entire National closed on the Oregon coast. And it’s all cut. And he did that, Mr. Chairman, be- Environmental Satellite Data and In- because politics was put ahead of cause budgets and appropriations formation Service, or alternatively, science. You can’t do business that should be about priorities. literally wipe out all salmon and en- way. At this time in our history, when we dangered species funding. The only way to fix this is to bring see so many families and so many busi- Mr. Chairman, a reduction of $92.4 all of the agencies together, working nesses struggling, when we see appro- million to the rest of the title 1 would on the science, to come up with the priations and spending out of control eliminate the Minority Business Devel- mitigation that will work to save jobs here—certainly appropriations over the opment Agency and the National Tele- not only in the valley, but on the coast past 3 years for our CJS appropriations communications and Information Ad- and everywhere else. has increased by over 45 percent, this ministration salaries and expenses, as I ask that we vote against this ter- year alone nearly 12 percent—the well as Public Telecommunications Fa- rible amendment and work together. spending binge is unacceptable. And on cilities’ planning and construction ac- AMENDMENT NO. 111 OFFERED BY MRS. behalf of my constituents who are sit- count. Those are accounts that directly BLACKBURN ting at the kitchen table and many impact people sitting around tables in Mrs. BLACKBURN. Mr. Chairman, I times cutting 50 percent, we need to kitchens across the country. have an amendment at the desk. move forward with spending reduc- For NASA, this cut would signifi- The CHAIR. The Clerk will designate tions. cantly reduce needed contingency in the amendment. Mr. Chairman, I reserve the balance the development of all new NASA mis- The text of the amendment is as fol- of my time. sions, missions for which we just heard lows: Mr. MOLLOHAN. Mr. Chairman, I Democrats and Republicans speak Amendment No. 111 offered by Mrs. BLACK- rise in opposition to the amendment. about with great concern. BURN: The CHAIR. The gentleman from The National Science Foundation is At the end of the bill, before the short West Virginia is recognized for 5 min- another example. This drop in govern- title, insert the following (and make such utes. ment support for research and develop- technical and conforming changes as may be Mr. MOLLOHAN. Mr. Chairman, an appropriate): ment, on top of the falloff in corporate SEC. 534. Each amount appropriated or oth- across-the-board cut to this bill of 5 research investment and private foun- erwise made available by this Act that is not percent is really disastrous. As a gen- dation support, would stress the Na- required to be appropriated or otherwise eral proposition, cuts that are indis- tion’s research universities at the time made available by a provision of law is here- criminate affect every account in a that this country needs to invest in re- by reduced by 5 percent. bill—whether it’s this appropriation search, needs to invest in development The CHAIR. Pursuant to House Reso- bill or any other appropriation bill— so that we’re at the cutting edge of the lution 552, the gentlewoman from Ten- and one of the best reasons to oppose new economy as we go forward, which nessee (Mrs. BLACKBURN) and a Member them is for that reason, they’re indis- is at the very heart of President opposed each will control 5 minutes. criminate. They affect every account Obama’s new economic recovery plan The Chair recognizes the gentle- in the bill, and that, of course, means and strategy. woman from Tennessee. that someone has not done a thought- An across-the-board cut, an indis- Mrs. BLACKBURN. Mr. Chairman, I ful exercise in going through and try- criminate cut of any kind—5 percent, 1 do have a great amendment at the ing to find out where there might be a percent, 2 percent—I consider it to be desk, and I think it speaks to the path few extra dollars with regard to this mindless. It’s not a careful consider- we need to travel in this body. account or that account. ation of fashioning fiscal policy.

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15465 I hope that this amendment will be Mr. MOLLOHAN. I yield back the Census in the past has reported di- opposed by the body. balance of my time, Mr. Chairman. rectly to the President through his Mr. Chairman, I reserve the balance The CHAIR. The question is on the staff. Directors of the Bureau often of my time. amendment offered by the gentle- brief Presidents and their staffs, but as Mrs. BLACKBURN. May I inquire as woman from Tennessee (Mrs. BLACK- a former director under President to how much time is remaining? BURN). Reagan, I don’t know of any cases 3 The CHAIR. The gentlewoman has 2 ⁄4 The question was taken; and the where the conduct of the Bureau was minutes remaining. Chair announced that the noes ap- directly under the White House super- Mrs. BLACKBURN. I appreciate so peared to have it. vision; that includes President Clinton much the comments of my colleague, Mrs. BLACKBURN. Mr. Chairman, I in 2000, Bush 41 in 1990, and Carter in and I am so thrilled that he went demand a recorded vote. 1980.’’ through a litany of programs. The CHAIR. Pursuant to clause 6 of The Obama administration has since You know, it is so indicative of how rule XVIII, further proceedings on the those who feel like they have unfet- backtracked and attempted to down- amendment offered by the gentle- play its role regarding the census. And tered access to the taxpayers’ money, woman from Tennessee will be post- that they have first right of refusal on to his credit, the current Secretary of poned. that paycheck that people go to work Commerce, Gary Locke, has expressed and work hard to earn so that they can AMENDMENT NO. 71 OFFERED BY MR. BURTON OF his intention to not cede control of the INDIANA do it for all of these grandiose-sound- 2010 census to the White House during Mr. BURTON of Indiana. Mr. Chair- ing programs. his confirmation hearings. Well, isn’t it amazing, with a 12 per- man, I have an amendment made in The U.S. Constitution, article I, sec- cent increase in spending, a 5 percent order under the rule preprinted in the tion 2, clause 3, as modified by section reduction is still an increase. I mean, I CONGRESSIONAL RECORD at the desk. 2 of the 14th Amendment, requires a just love this new math that Wash- The CHAIR. The Clerk will designate population census every 10 years to ington, D.C., spits out across this Na- the amendment. serve as the basis for reapportioning tion. You would still have an increase. The text of the amendment is as fol- seats in the House of Representatives. I mean, it is just amazing to me. You lows: The Constitution stipulates that the just don’t get it. You just don’t get it. Amendment No. 71 offered by Mr. BURTON enumeration is to be conducted ‘‘in We have people in my district, we of Indiana: such manner as they [Congress] shall have people across this country, Mr. At the end of the bill, before the short title, insert the following: by law direct.’’ Chairman, they are losing their jobs. SEC.l. None of the funds made available in Congress, through title 13 of the U.S. They are sitting at the kitchen table this Act may be used to relocate the Office of Code, has delegated this responsibility right now watching the TV and going, the Census or employees from the Depart- to the Secretary of Commerce and, These people, these elites in Wash- ment of Commerce to the jurisdiction of the within the Department of Commerce, ington, they do not understand it. Executive Office of the President. to the Bureau of the Census. We’re cutting our budget 50 percent. The CHAIR. Pursuant to House Reso- b 1845 I have small business owners that are lution 552, the gentleman from Indiana telling me, We’re trying to figure out (Mr. BURTON) and a Member opposed Let me be very clear on this point: how long we can keep the doors open each will control 5 minutes. The Constitution stipulates that Con- and how much we can afford to lose The Chair recognizes the gentleman gress shall direct how the census is to every month, and you want to tell me from Indiana. be conducted and Congress delegated about endangered species and reducing Mr. BURTON of Indiana. Mr. Chair- this responsibility to the Bureau of the funding 5 percent for endangered spe- man, this amendment is very straight- Census, not the Office of the White cies, or doing away or holding back or forward. It simply says that ‘‘none of House Chief of Staff. maybe not moving forward? the funds made available in this act The United States census should re- You know something, there are men may be used to relocate the Office of main independent of politics. It should and women in this Nation every day the Census or employees from the De- not be directed by political operatives that delay hopes and dreams and aspi- partment of Commerce to the jurisdic- working out of the White House. Such rations because the liberals never lose tion of the Executive Office of the a move is especially troubling consid- their appetite for the taxpayer money. President.’’ ering the census at the time was con- And they meet their obligation to the In February of this year, after Sen- sidering entering into a national part- tax man. And they instruct us, Mr. ator JUDD GREGG, a Republican, was nership with ACORN, an organization Chairman, to come here and make good nominated by President Obama to be ripe with internal corruption and that use of those dollars. That is what we the Secretary of Commerce, the White was responsible for multiple instances are elected to do. And you want to tell House announced that control of the of vote fraud in the 2008 presidential me you can’t find $100 million? You election. can’t find a 5 percent reduction? You Census Bureau and the 2010 census Asking an organization like ACORN can’t make this reduction out of a $64 would be removed from the Commerce billion allotment of money? You can’t Department and placed in the hands of to help recruit the 1.4 million tem- find 5 cents out of a dollar? the White House staff. Senator GREGG porary workers that will go door-to- The American people are sick and eventually withdrew his name from door is akin to inviting the fox into the tired, they are sick and tired of reck- consideration, in part because of his henhouse. An estimated $300 billion in less runaway spending. They are de- concerns about taking control of the Federal funds are distributed annually manding that it come to a halt. A 5 next census out of the hands of the on the basis of the census data, accord- percent sensible reduction is the way Commerce Department and putting it ing to the Census officials. This is very to go about it. into the hands of political operatives important, because all the people in I would encourage all of my col- at the White House. Contrary to Demo- this country are affected by this leagues to join me. Let’s make a 1 per- cratic claims, there was no historical money. cent, a 2 percent, a 5 percent, and then precedent for placing the census under The Census Bureau is staffed by expe- allow a way to move forward in a more the control of political operatives on rienced and talented professionals who fiscally responsible manner. the White House staff. are leaders in the field of statistics. In Mr. Chairman, I yield back the bal- According to former Census Bureau order to produce a fair, accurate and ance of my time. Director Bruce Chapman, who directed trustworthy count during the 2010 cen- ANNOUNCEMENT BY THE CHAIR the Census Bureau from 1981 to 1983 sus, the Census Bureau needs to remain The CHAIR. Members are again re- under President Reagan, he said, ‘‘The an agency free from political or par- minded to direct their remarks to the White House and its congressional al- tisan interference. Chair. lies are wrong in asserting that the I reserve the balance of my time.

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Mr. MOLLOHAN. Mr. Chairman, I There is no money associated with (Mr. PRICE) and a Member opposed each rise in opposition to my friend from In- ACORN through those partnerships. will control 5 minutes. diana’s amendment. So, again, I oppose the gentleman’s The Chair recognizes the gentleman The CHAIR. The gentleman is recog- amendment, and my comments are from Georgia. nized for 5 minutes. such that I oppose it more to reassure Mr. PRICE of Georgia. Mr. Chairman, Mr. MOLLOHAN. Mr. Chairman, I am him that we are all about an accurate, this amendment is again another very sympathetic to the gentleman’s inter- just census, and we intend to do our simple amendment. It would reduce the est. But I don’t share his concern. part to ensure that. total appropriations in this bill by There was some talk earlier this year I reserve the balance of my time. $644,150,000. about the White House taking the cen- Mr. BURTON of Indiana. Mr. Chair- Now, you might ask Mr. Chairman, sus or taking a leadership role in the man, how much time do I have remain- how did I come up with that number? census. We have had public assurances ing? Well, that is 1 percent of the bill. That and private assurances that indeed the The CHAIR. One minute. is right, $644,150,000 is 1 percent of the White House has no such intention. Mr. BURTON of Indiana. Mr. Chair- bill. The fact is that the census was ad- man, I believe Mr. MOLLOHAN is well- So what this amendment asks is, is mittedly mishandled during much of intentioned. I believe he is an honor- this Congress responsible enough to be the Bush administration, so that to- able man. But my concern is that there able to decrease the amount of spend- ward the latter part of the administra- could be a change of attitude by some ing in this bill by 1 percent, a penny tion everybody was scrambling to try in the White House. out of every dollar? to repair the damage that had been I appreciate that the White House Now, that is not 1 percent of last done. To its credit, the Department of has reconsidered and reversed their de- year, Mr. Chairman. That is 1 percent Commerce, the Bureau of Census, con- cision on taking control of the census, off the proposed, and the proposed is an ceived of a census in 2010 that would in- but unless we pass this amendment, 11.6 percent increase over last year. volve as much technology, as much au- there is nothing to prevent the White That means we would go from an 11.6 tomation, as possible. The vision was House from reversing itself once more, percent increase to a 10.6 percent in- to be accurate and to be less expensive. and that concerns me. crease. Unfortunately, the contractor and I am encouraged because the Sec- Mr. Chairman, do you think we can the Secretary of Commerce actually retary of Commerce, Mr. Locke, has ex- handle that? Do you think we can han- took a lot of responsibility for the pressed his intention to not cede con- dle that? agency, for the contractor not having trol of the 2010 census to the White There are a lot of numbers out there correct instructions. But in fact the House during his confirmation hear- across this land. I don’t know if you job was not well-performed, whether it ings. But, nevertheless, to make sure have been paying attention. Out- was the fault of the Commerce Depart- that Congress retains its right to con- standing public debt as of today, $11.4 ment and the bureau or whether it was trol the census and the $300 billion that trillion. Outstanding public debt per the contractor. will be disseminated as a result of the American citizen, $37,231.22. Average The point is that we have spent a lot census, I think we need to make it very increase in our national debt every sin- of time during the last years of the clear by passing this amendment that gle day because of the money spent by Bush administration and certainly this it is up to the Congress and not the this Congress and this administration, year ensuring that we corrected those White House to make this determina- $3.82 billion a day—a day, Mr. Chair- problems, that we got ahead of those tion. man. problems, so that we could rely on a With that, I will yield back the bal- The country’s gross domestic product credible, accurate census. Those ad- ance of my time. fell by 6.1 percent in the first quarter. justments have been made. The CHAIR. The gentleman from The President’s budget proposes the I would just assure the gentleman West Virginia has 1 minute remaining. 11th-highest annual deficits in United that there is no inappropriate involve- Mr. MOLLOHAN. I yield back the States history. The unemployment ment by the White House. I absolutely balance of my time. rate out there is 9.4 percent, Mr. Chair- embrace his notion that the Congress The CHAIR. The question is on the man. That is higher than the adminis- should be fashioning it, and I think we amendment offered by the gentleman tration assured the Nation it would be are doing that with quite a bit of over- from Indiana (Mr. BURTON). if we did nothing—if we did nothing sight. I know this appropriations sub- The question was taken; and the when the non-stimulus bill was passed, committee has been conducting a lot of Chair announced that the ayes ap- 9.4 percent. oversight. peared to have it. Mr. Chairman, the Federal tax reve- So my remarks in opposition to his Mr. MOLLOHAN. Mr. Chairman, I de- nues in this Nation dropped 34 percent amendment I hope are more in the way mand a recorded vote. in April 2009 compared to 1 year ago— of assuring him that we are on top of The CHAIR. Pursuant to clause 6 of 34 percent. Mr. Chairman, one might be this, and we are looking at it. I know rule XVIII, further proceedings on the able to just extrapolate that the Amer- there is a lot of concern. I hear it on amendment offered by the gentleman ican people are tightening their belts radio, I see it on television, certain from Indiana will be postponed. by 34 percent. Do you think this Con- talk radios are obsessing with regard AMENDMENT NO. 97 OFFERED BY MR. PRICE OF gress can tighten its belt by 1 percent? to ACORN, and I think, personally, in GEORGIA A penny out of every dollar, that is many ways demonizing a whole organi- Mr. PRICE of Georgia. Mr. Chairman, all we are asking. And it is not going zation for the conduct of a few. I have an amendment at the desk made across-the-board. It is not that meat ax Yes, ACORN could be a part of the that my friend from West Virginia 30,000 partnerships that the Census Bu- in order under the rule. The CHAIR. The Clerk will designate talks about. It is allowing the depart- reau will embrace to reach out to com- the amendment. ment itself to figure out how to save a munities, many of them hard-to-iden- The text of the amendment is as fol- penny out of every dollar that it tify communities. I know the gen- lows: spends. We ought to be able to do that, tleman shares the goal of having as ac- Mr. Chairman. curate a census count as possible, and Amendment No. 97 offered by Mr. PRICE of Georgia: I reserve the balance of my time. I know the gentleman understands that At the end of the bill (before the short Mr. MOLLOHAN. Mr. Chairman, I there are hard-to-access communities, title), insert the following: rise in opposition to the gentleman’s and I am sure that the gentleman em- SEC. l. Appropriations made in this Act amendment. braces the idea of partnerships to reach are hereby reduced in the amount of The CHAIR. The gentleman is recog- out and give assurances to those com- $644,150,000. nized for 5 minutes. munities so we can count as many The CHAIR. Pursuant to House Reso- Mr. MOLLOHAN. Mr. Chairman, the folks as possible. lution 552, the gentleman from Georgia gentleman’s amendment is a 1 percent

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15467 cut. The amendment we argued a few would be a 50-cent cut. That would be a the SCAAP hole that we had to fill. It’s minutes ago was a 5 percent cut. The 50 percent cut. just $200 million above the $400 million gentleman’s amendment is arguably Mr. Chairman, let’s be serious. $57 in the State and local law enforcement just five times less destructive to pro- billion last year, $64 billion this year. assistance grants that we filled. grams that this subcommittee on both Do you think we can find a penny on So the gentleman, 1 percent, when sides of the aisle have carefully bal- the dollar and move it to $63.8 billion? it’s said like that, sounds like just a anced as we have worked months and Are we that irresponsible that we can’t little bit. But understand, this bill that months in drafting this legislation. do that? we bring to you to the floor today is The gentleman is correct; it is a 1 There is 9.4 percent unemployment below the President’s request and, at percent cut to the bill, as written. The across this land. People are having a the same time, we have provided fund- agencies could look at it and they difficult time putting food on the ing for SCAAP to the tune of $400 mil- could apply the cuts as they saw fit. table, wondering whether they are lion above the President’s request, But understand that they are cuts. going to be able to cover their health which was zero. Imagine a couple of places where care costs, wondering whether or not I can tell you, State and local en- these cuts would be felt. For example, they are going to be able to send their forcement across the country, and I safety and security of inmates and cor- kids to school. The United States is in would just imagine in the gentleman’s rections officers in Federal prisons. It danger of losing its Triple A credit rat- district, are very much appreciative of is an area that we have been working ing due to the accumulation of over $1 that support as they deal with crime in on for several years to understand ex- trillion in debt. tough economic times when local gov- actly what the needs are. The bill is Mr. Chairman, when are we going to ernment and State government are carefully drafted to provide adequate start? When is this fiscal responsibility having trouble meeting those budgets funding to the Bureau of Prisons to en- out of this crowd going to start? in order to fund that safety. sure safety and security for inmates A penny out of every dollar. I would A lot of this is ideological, and the and corrections officers in Federal pris- suggest, Mr. Chairman, that that is a gentleman looks to these domestic ac- ons. A 1 percent cut would be $71 mil- minimal amount, a reasonable amount, counts to achieve these reductions. I lion if applied to BOP. an amount that the American people would point out that these accounts A 1 percent cut would eliminate $345 look at their folks here in Washington, are not flush with funding. Indeed, our million in new funds to safeguard the their representatives here in Wash- funding in this bill is below the Presi- Southwest border. It would undermine ington, and say, Why on Earth can’t dent’s request. the Southwest Border Initiative per- you find that? Why can’t you find it? I yield back the balance of my time, haps, Mr. Chairman, if that is where We ought to be able to do this. In Mr. Chairman. the cuts were taken. fact, not doing this is morally rep- The CHAIR. The question is on the There is $3.4 billion in grant funding rehensible. Not doing this is irrespon- amendment offered by the gentleman for State and local law enforcement as- sible. from Georgia (Mr. PRICE). sistance, including $298 million to put b 1900 The question was taken; and the additional cops on the beat. $100 mil- Chair announced that the noes ap- lion for prisoner reentry initiatives. $94 Not doing this is an abrogation of our peared to have it. million for tribal law enforcement as- duty. Not doing this is a woeful lack of Mr. PRICE of Georgia. Mr. Chairman, sistance. All of this represents funding leadership. I demand a recorded vote. that again has been carefully fash- I yield back the balance of my time. The CHAIR. Pursuant to clause 6 of ioned, carefully considered and care- Mr. MOLLOHAN. Mr. Chairman, the rule XVIII, further proceedings on the fully appropriated by the appropria- use of the word ‘‘irresponsible’’ gives amendment offered by the gentleman tions subcommittee and by the full me pause because if the Appropriations from Georgia will be postponed. committee as we moved this bill to the Subcommittee for Commerce, Justice, AMENDMENT NO. 100 OFFERED BY MR. JORDAN OF floor. A 1 percent cut would undermine Science has done anything during the OHIO any or all of those programs by that last 6 months, it has responsibly con- Mr. JORDAN of Ohio. I have an amount. sidered the administration’s requests amendment at the desk, Mr. Chairman. Mr. Chairman, for all of those rea- with regard to funding of these ac- The CHAIR. The Clerk will designate sons, I oppose this amendment. counts. Indeed, our Appropriations the amendment. I reserve the balance of my time. Committee has cut $200 million from The text of the amendment is as fol- The CHAIR. The gentleman from the administration’s request. At the lows: 1 same time we have filled a lot of holes Georgia has 2 ⁄2 minutes remaining. Amendment No. 100 offered by Mr. JORDAN Mr. PRICE of Georgia. Mr. Chairman, that the administration left such as of Ohio: I appreciate the gentleman from West $300 million for SCAAP. We filled that At the end of the bill (before the short Virginia’s comments, but let’s be hon- hole because the administration re- title), insert the following: est. A cut? A cut? The amount of quested zero for SCAAP. On the floor SEC. ll. Appropriations made in this Act money spent last year in this area of yesterday we added $100 million more are hereby reduced in the amount of the budget, $57.7 billion—$57.7 billion. to SCAAP because it has such broad bi- $12,511,000,000. The amount in this bill to spend, an partisan support in this House. The CHAIR. Pursuant to House Reso- 11.6 percent increase, remember, Mr. We restored $400 million for State lution 552, the gentleman from Ohio Chairman, $64.4 billion. My amend- and local law enforcement, money to (Mr. JORDAN) and a Member opposed ment, what would we spend? $63.8 bil- help our local police, our local sheriffs, each will control 5 minutes. lion. our State police, as they do their job in The Chair recognizes the gentleman Remember, Mr. Chairman, last year very tough times protecting our citi- from Ohio. we spent $57.7. This year it is 63.8 under zens back home. Mr. JORDAN of Ohio. I thank the this amendment. 57.7, 63.8—that’s a This legislation has been very re- chairman, thank our ranking member cut? Mr. Chairman, a penny out of sponsibly considered, and while our ap- and the chairman of the subcommittee. every dollar. propriation is less than the President The chairman of the subcommittee This definition of a cut is like when requested, it still goes a long way to was just boasting about the fact that our teenage son had an allowance each adequately fund all the accounts in the the committee reduced the amount of week of $1, and he came and said, Dad, bill. dollars appropriated in this bill from you think I could have $2 a week? I Now, the gentleman makes light of a what the administration had requested. said, No, but we could probably make 1 percent cut. But understand, a 1 per- I think it’s important to point out it $1.50 a week. He said thank you very cent cut in a $64 billion bill is $644 mil- that request came after we have had much. But under this definition, that lion. $644 million is $200 million above the stimulus, the omnibus, the second

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15468 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 tranche of TARP. I mean, all the istry and physics. Toughest coach in A lot of families out there, a lot of spending that’s taken place in the first the State, I felt like. And talked about families across this country are having 6 months of this Congress. I don’t know discipline every stinking day. I got to do that. A lot of businesses are hav- that there’s anything to really brag tired of hearing about it. He said, ing to do that. about. you’ve got to have discipline if you Why is it during tough economic So this amendment actually goes want to get anything done. You’ve got times the only people who have to suck back to what this Congress was allo- to have discipline if you want to suc- it up are the American people and cated and what was being spent in the ceed in athletics. And he had a great small business owners? various agencies that fall under the definition. He said, discipline’s doing Why can’t government ever have to bill, just 1 year ago. It would reduce what you don’t want to do when you suck it up? the spending in this bill by $12.511 bil- don’t want to do it. And basically that That’s what this is about. This goes lion, again, exactly what we were meant doing it his way when you’d back to where we were less than 1 year spending prior to the stimulus, prior to rather do it your way. It meant doing ago. the omnibus. things the right way. It meant doing I yield back the balance of my time I think it’s really all about pre- things the tough way when you’d rath- and urge a ‘‘yes’’ vote on the amend- serving opportunity and the greatness er do it the easy way, the convenient ment. of this country for our children and our way. Mr. MOLLOHAN. Mr. Chairman, it’s grandchildren. The easy thing to do is to spend tax- just a small point, but I don’t know And, Mr. Chairman, I would say this: payer money. The disciplined thing, what numbers the gentleman is look- the American people get it. They’re the tough thing to do is say, You know ing at from 1 year ago, and it doesn’t tightening their belts, as many speak- what? We’re going to limit overall affect his overall point, which I totally ers have already indicated here on the spending, and we’re going to have some understand. He wants to reduce the bill floor this evening. They’re tired of this priorities and make some tough deci- by a significant amount of money. blank check, this bailout mentality sions because, if we don’t, our kids and But 1 year ago the accounts funded in that has got a hold of Washington. our grandkids are going to inherit a this bill totaled $57.651 billion. As I un- They’re sick of the bailouts. They’re debt that they cannot repay. And derstand the gentleman’s cut, and as sick of the deficits. They’re sick of the that’s where we are today in America. we have done the math on it, his cut debt that we keep piling up. That’s why it’s important we adopt would take us down to $52 billion, Think about the number of different this amendment and begin to get a which would be $4 billion or $5 billion bailouts: we had the financial industry. handle on the out-of-control spending. below. We had the auto industry bailout. We I reserve the balance of my time. Mr. JORDAN of Ohio. Would the gen- have a deficit that’s approaching $2 Mr. MOLLOHAN. Mr. Chairman, I tleman yield? trillion this fiscal year. We have a na- rise in opposition to the gentleman’s Mr. MOLLOHAN. I yield. tional debt over $11 trillion slated to amendment. Mr. JORDAN of Ohio. I appreciate The CHAIR. The gentleman from move to $23 trillion over the next dec- the gentleman yielding. That’s kind of West Virginia is recognized for 5 min- ade. you. I always think it’s important just to utes. A year ago, in my recollection, we Mr. MOLLOHAN. Mr. Chairman, I’d figure this out. At some point, I was an were functioning under a continuing just point out that this is a 19.4 percent economics major. One of the first resolution, which would be the 2008 fis- reduction in the funding of the bill. things you learn in economics is cal year spending level. That’s why I’m And that equates, by my math, to $12.5 there’s no free lunch; it has to be paid saying 1 year ago we were functioning billion below this bill’s recommenda- back. $23 trillion we’re slated to get to under exactly what this amendment tion. This committee’s recommenda- over the next 10 years. would take us to, not the 2009, which tion to the full House would be $5 bil- To pay that back, think about what was done in the omnibus just a few lion below the 2009 funding level. has to happen. We first have to balance Understand that, just right off the months ago. We were functioning on the budget. We first have to get to top, this subcommittee has a $4 billion the 2008 continuing resolution. zero, actually balance a budget, not additional obligation to fund the cen- Mr. MOLLOHAN. I will reclaim my spend more than we take in. And then sus as we move into 2010. That imme- time. I’m looking at the actual number we have to run a surplus of $1 trillion diately and graphically demonstrates here, but the gentleman’s point is well for 23 straight years, and that doesn’t the effect this kind of a cut would have taken. even count the interest. That’s what on the bill. Mr. Chairman, I yield back the bal- we’re saddling our kids and our For all the reasons that I have par- ance of my time. grandkids with. ticularized in debating other percent- The CHAIR. The question is on the One of the things that makes this age cuts to the funding in this bill, I amendment offered by the gentleman country great, one of the reasons we’re oppose this amendment, Mr. Chairman. from Ohio (Mr. JORDAN). the greatest Nation in history, is be- I reserve the balance of my time. The question was taken; and the cause parents make sacrifices for their Mr. JORDAN of Ohio. Mr. Chairman, Chair announced that the ayes ap- kids so that when they grow up they just let me say this: the gentleman peared to have it. can have life a little better than we makes it sound so dramatic. It takes us Mr. MOLLOHAN. Mr. Chairman, I de- did. And then they, in turn, when they right back to what we were spending 1 mand a recorded vote. become parents, do the same thing for year, less than a year ago, less than a The CHAIR. Pursuant to clause 6 of the next generation. And that cycles year ago to what these Departments rule XVIII, further proceedings on the continues, and that’s why we’re the were operating, the programs were op- amendment offered by the gentleman greatest Nation, economic power in erating on. from Ohio will be postponed. human history. I mean, think about this. A year ago AMENDMENT NO. 114 OFFERED BY MR. REICHERT When you begin to turn that around Tiger Woods was getting ready to win Mr. REICHERT. Mr. Chairman, I and go the other direction, that’s the U.S. Open, just like he is this week. have an amendment at the desk. where we’re having problems. And, Brett Favre was thinking about com- The CHAIR. The Clerk will designate frankly, that’s where we’re at right ing out of retirement, just like he is the amendment. now. And that’s why it is so important this week. One year ago. The text of the amendment is as fol- we get a little discipline in how we One year ago Yankees fans and Red lows: budget and spend the taxpayer money. Sox fans didn’t like each other, just Amendment No. 114 offered by Mr. I had a coach and teacher in high like today. I mean, this is not a big REICHERT: school. He taught chemistry. Toughest deal. This is going back to where we At the end of the bill (before the short teacher in the school. Taught chem- were less than 1 year ago. title), insert the following:

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15469 TITLE VI—ADDITIONAL GENERAL into the boys’ restroom and was as- the program that the gentleman is ad- PROVISIONS saulted even further. The girl pushed vocating, so we thank him for his con- SEC. ll. For ‘‘Office on Violence Against herself away from the suspect and ran tribution, and we look forward to Women—Violence Against Women Preven- away and told the teachers. She re- working with him as we move this leg- tion and Prosecution Programs’’ for the Sup- ported the incident to the teachers. islation through conference to ensure porting Teens through Education and Pro- She told the principal of the school. that his efforts here are retained. tection program, as authorized by section 41204 of the Violence Against Women Act of The school did nothing. For 3 weeks, I reserve the balance of my time. 1994 (42 U.S.C. 14043c), and the amount other- this young lady had to go back to Mr. REICHERT. Mr. Chairman, I wise provided by this Act for ‘‘Departmental school and had to face these three indi- want to take a moment just to thank management—Salaries and expenses’’ is viduals, these three individuals who as- the gentleman for his kind words of hereby reduced by, $2,500,000. saulted her. They did nothing. They support. The majority’s support of a The CHAIR. Pursuant to House Reso- didn’t report it to the police. They minority amendment is a pleasant lution 552, the gentleman from Wash- didn’t tell anybody. change in the atmosphere over the last ington (Mr. REICHERT) and a Member Our schools need more effective pro- day or so, so we appreciate that. opposed each will control 5 minutes. cedures to address these problems when I yield back. The Chair recognizes the gentleman they occur amongst students. Teach- Mr. MOLLOHAN. I thank the gen- from Washington. ers, coaches and counselors have im- tleman. Mr. REICHERT. Mr. Chairman, after portant roles to play in the lives of our I yield back, Mr. Chairman. listening to the discussion back and children, as we all know, and they can The CHAIR. The question is on the forth here for the last hour or two, I be key to curbing violence among our amendment offered by the gentleman would hope that my amendment would youth. Studies show that 25 percent of from Washington (Mr. REICHERT). not be quite so contentious. And it is the teens say they would confide in The question was taken; and the my great hope that we can come to- teachers or in school counselors if they Chair announced that the ayes ap- gether in agreement on the amendment became involved in abusive relation- peared to have it. that I’m about to offer. ships or were assaulted. Unfortunately, Mr. REICHERT. Mr. Chairman, I de- I am suggesting that we take $2.5 school personnel are not currently mand a recorded vote. million from the Department of Com- trained or equipped with the knowledge The CHAIR. Pursuant to clause 6 of merce salaries and expenses account, or with the resources needed to address rule XVIII, further proceedings on the which is totaling now $60 million and is these issues effectively in school. amendment offered by the gentleman receiving a $7 million increase. So to By supporting my amendment, we from Washington will be postponed. remove $2.5 million from a $7 million can help schools address bullying, har- AMENDMENT NO. 59 OFFERED BY MR. BROUN OF increase from a $60 million budget, to assment and sexual violence involving GEORGIA Support Teens through Education and teen victims. The STEP program can Mr. BROUN of Georgia. Mr. Chair- Protection program, STEP, which train school personnel; it can provide man, I have an amendment at the desk. helps high schools collaborate with do- support services for students who are The CHAIR. The Clerk will designate mestic violence and sexual assault experiencing abuse; it can help schools the amendment. service providers, law enforcement, the foster appropriate and safe responses to The text of the amendment is as fol- courts and other organizations to im- the affected students. lows: prove school safety. This vital program The National Education Association, Amendment No. 59 offered by Mr. BROUN of was authorized by Congress under the the National Network to End Domestic Georgia: VAWA Act, Violence Against Women Violence, Break the Cycle, the Na- At the end of the bill, before the short Act, but was never funded. tional Center for Victims of Crime, and title, insert the following new section: Our schools should be safe havens for the Family Violence Prevention Fund SEC. 535. None of the funds made available our children to learn and grow. Unfor- have endorsed this amendment. I urge by this Act shall be used to establish or im- plement a National Climate Service. tunately, violence in schools has left my colleagues to support this common- many kids afraid of the very places we sense amendment to help create a safe The CHAIR. Pursuant to House Reso- send them to learn and grow. They in- learning environment for our children lution 552, the gentleman from Georgia creasingly find themselves becoming across this country. (Mr. BROUN) and a Member opposed victims of dating violence, bullying, Mr. Chairman, I reserve the balance each will control 5 minutes. harassment, gang-related violence in of my time. The Chair recognizes the gentleman the classrooms, in the hallways and in Mr. MOLLOHAN. Mr. Chairman, I from Georgia. the restrooms. On the buses, in school rise to claim the time in opposition, al- Mr. BROUN of Georgia. I yield myself yards, anywhere in the area of the though I am not in opposition. as much time as I may consume. school, this law would apply. When vio- The CHAIR. Without objection, the Mr. Chairman, I rise today with an lence occurs in our schools, our chil- gentleman from West Virginia is recog- amendment which will strip funding dren find themselves in difficult situa- nized for 5 minutes. from the bill that is aimed at imple- tions. They go to school, where they There was no objection. menting a new National Climate Serv- spend 6 to 8 hours a day with the very Mr. MOLLOHAN. Mr. Chairman, I am ice. At best, this new Federal agency is people that have perpetrated the crime thrilled to support an amendment from duplicative. At worst, this is an egre- against them, placing them in very the minority, and I want to com- gious waste of taxpayer dollars for an dangerous situations. pliment the gentleman from Wash- endeavor which is not even based on For example, a 16-year-old girl ington for his concern. sound science. breaks up with her 16-year-old boy- He is absolutely correct. This pro- Mr. Chairman, there is no consensus friend in Texas at a high school, and gram is authorized under the Violence among policymakers, academics, re- during the day she goes to her teacher Against Women legislation. It was not searchers or bureaucrats about how a and she says, I’m afraid. This boyfriend funded in this bill. There are a number National Climate Service should even of mine is becoming more and more of programs in VAWA and we found it be structured, and yet here we are violent and I’m afraid for my safety. difficult to fund all of them. Every funding it. This lack of agreement was Can you help me? Two hours later, this year, we want to add to them. The gen- not more evident than during a Science young lady is found dead in the hall- tleman’s contribution to the bill and to and Technology subcommittee hearing ways of her own school. fighting violence against women is just last month regarding the develop- real, and we appreciate it. We accept ment of this exact agency. b 1915 the amendment. At that hearing, four alternate struc- In 2007, at a high school in Seattle, a Domestic and dating violence is very tured proposals were presented by dif- young girl was assaulted, was dragged serious and can be dealt with through ferent witnesses. They ranged from

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Mr. Chairman, I It just has to stop. ready in place, but that infrastructure would first point out to the gentleman Mr. MOLLOHAN. Mr. Chairman, I is currently not there. In fact, accord- that I am not sure this is the bill on would close my opposition with the ob- ing to the National Academy of which the gentleman should make his servation that there are no funds in the Sciences, the U.S. climate observing arguments against a National Climate bill to establish a National Climate system is in rapid decline. This in- Service. Service. There is money in the bill to cludes both our ground-based and our It is true that there is considerable fund weather observations, which re- satellite-based measuring systems. Up- discussion within the administration late to climate observations, and which and outside of government in consider- dating these systems and making sure is collected in the normal course of the ation of a National Climate Service of the information they provide should National Weather Service’s operations. and also in the authorizing committees be the foremost priority when it comes We anticipate the authorizing com- here in the Congress. to monitoring our climate. mittee will come forward with such a It is also true that we have some In fact, just today, in the Committee suggestion. We’ll see how it fares on of Science and Technology, we just money in this bill—for research and satellites—that is in anticipation of an the floor of the House and in Congress heard how the polar orbiting satellite and if the President signs it into law as system has tremendous cost overruns, authorization of a National Climate Service. That money is also needed by time goes forward; but there is, in fact, how they’re not flying the satellites no money going to establish the Na- and how NOAA and the Defense Depart- the Weather Service. Of course, the gentleman understands we fund the Na- tional Climate Service in this bill. ment, particularly NOAA, desperately Mr. BROUN of Georgia. Will the gen- need these satellites to help them give tional Weather Service through the Commerce Department accounts. tleman yield? us proper weather predictions. Yet Mr. MOLLOHAN. I will yield. we’re not funding that. We’re funding To really try to impact or prevent the creation of the National Climate Mr. BROUN of Georgia. Will you as- this National Climate Service, and sure me that, in conference, if the au- we’re putting off these pressing needs. Service, I would suggest to the gen- tleman that this is the wrong place to thorizers do not put into place an au- We’re focusing on establishing yet an- thorization of new climate service that other bureaucratic web to navigate go. We ought to respect the authorizing process. The gentleman, I would as- no funds will be expended on estab- through. We’re doing nothing more lishing a new National Climate Serv- than decreasing efficiency and increas- sume, will direct his efforts with re- gard to frustrating the creation of a ice? ing Federal red tape. Mr. MOLLOHAN. No, for the same What we know for sure is that this National Climate Service to the au- reason I wouldn’t assure the gentleman new, unnecessary agency will grant thorizing process—and the gentleman from Indiana before. broad-sweeping authority to the execu- may serve on that committee, I don’t What happens in conference is in the tive branch with little congressional know. That’s the place where, respect- context of all of the issues that are input. That’s it. The details are being fully, where you could better direct being considered in conference. So I left up to some Federal bureaucrat. As your efforts. An appropriations bill, can’t predict that future, and I won’t we all know by now, the devil is in the particularly in one in which the orga- details. nization is not even stood up, is, I commit to any specific attitude in con- Additionally, there is an absolute think, the wrong place for the gen- ference. dearth of information regarding the tleman to direct his energies. I will point out that the authorizing costs and benefits of setting up such an So, for that reason and others that committee is considering this. We re- entity. Without such basic knowledge, deal with the necessity for this Nation spect the authorizing committee proc- how in the world can we, in good con- and for the world to better understand ess. If they were not to authorize a Na- science, fund this rudderless endeavor? what is happening to the world’s cli- tional Climate Service, then that We have no assurances that this Na- mate and how global climate change is would be something that we would tional Climate Service will turn out to going to adversely impact our lives, I take seriously into account as we en- be anything more than a new regu- would oppose the gentleman’s amend- gage in conference with the Senate. latory agency for the proposed tax-and- ment. Mr. BROUN of Georgia. Will the gen- cap scheme, but maybe that’s really Most importantly, I would just like tleman yield? the goal here. to suggest to the gentleman that this Mr. MOLLOHAN. I will yield to the I do not like to think ill of the inten- isn’t the place to deal with this issue gentleman. tions of my colleagues on the other particularly at this time. Mr. BROUN of Georgia. Well, there side of the aisle; but with such an am- I reserve the balance of my time. are funds appropriated, and they are in biguous mandate with, obviously, little Mr. BROUN of Georgia. Well, I re- this bill to establish this unneeded, to- congressional oversight, what else are spectfully disagree with my friend that tally unauthorized Climate Service, we to assume? this is not the place. We are throwing and I am adamantly against estab- Time and time again, this Congress money at something that has not been lishing that. has jumped headfirst into the deep end established, and you’re funding some- The CHAIR. All time has expired. of issues which we still know little thing that’s not needed—a whole new The question is on the amendment about. The Wall Street bailout, the agency. NOAA has no clue of how to offered by the gentleman from Georgia auto bailout, the stimulus, and now the deal with this new National Climate (Mr. BROUN). National Climate Service are all prime Service. In the Science Committee, The question was taken; and the examples of how Congress’ eyes are big- we’ve gone through the authorization Chair announced that the noes ap- ger than its grasp. process, and we’ve had multiple pro- peared to have it. So I ask my colleagues to please sup- posals given to us. Over and over again, Mr. BROUN of Georgia. Mr. Chair- port my amendment. Let’s reevaluate the majority has shot down every pro- man, I demand a recorded vote. this attempt at funding an impudent posal besides just establishing this new The CHAIR. Pursuant to clause 6 of new agency. Let’s stop the funding for agency that’s not needed. rule XVIII, further proceedings on the the new National Climate Service. Nobody knows how to operate this amendment offered by the gentleman Thank you, Mr. Chairman. thing. Nobody knows what it’s going to from Georgia will be postponed.

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b 1930 of this process. Mr. MCHENRY and my So to oppose sampling in and of AMENDMENT NO. 60 OFFERED BY MR. BROUN OF friend and colleague from Georgia (Mr. itself, I think, is to disagree that sam- GEORGIA WESTMORELAND) have worked tirelessly pling does achieve greater accuracy, Mr. BROUN of Georgia. Mr. Chair- on this very issue. They know more and I think that is disagreed with by man, I have an amendment at the desk. than any other Members in this Cham- the scientific community. The CHAIR. The Clerk will designate ber the pitfalls and the constitutional Mr. Chairman, at this point I yield 2 the amendment. concerns that come with the use of sta- minutes to the gentleman from New The text of the amendment is as fol- tistical sampling, both as it relates to York (Mr. TOWNS). lows: the census and to the apportionment Mr. TOWNS. I would like to thank process of this very body. But because the gentleman from West Virginia (Mr. Amendment No. 60 offered by Mr. BROUN of Georgia: of this gag rule that the majority has MOLLOHAN) for yielding. At the end of the bill (before the short imposed upon us, Mr. MCHENRY’s Mr. Chairman, I believe that this is title), insert the following: amendment will not be eligible to be an amendment that tries to solve a SEC. ll. None of the funds made available debated, which is shameful. This is just problem but, instead, it creates a prob- in this Act may, for purposes of carrying out one example of how the Democrats’ de- lem that does not exist but is written the 2010 decennial census, be used to apply cision to completely close off the so broadly that it creates all kinds of the statistical method known as ‘‘sampling’’. amendment process for this bill is end- other problems. The CHAIR. Pursuant to House Reso- ing up shutting out meaningful debate. I understand that the gentleman lution 552, the gentleman from Georgia The tactics employed yesterday in from Georgia opposes the use of statis- (Mr. BROUN) and a Member opposed the dead of the night are completely tical sampling for the apportionment each will control 5 minutes. against the promise of openness and of seats in the House of Representa- The Chair recognizes the gentleman honesty that this body is supposed to tives. The Supreme Court has already from Georgia. stand for. ruled that this is not allowed, so you Mr. BROUN of Georgia. Mr. Chair- Mr. Chairman, I reserve the balance can forget about that. There is a Fed- man, I yield myself such time as I may of my time. eral statute that already prohibits it, consume. Mr. MOLLOHAN. Mr. Chairman, I and the administration has repeatedly Mr. Chairman, we have heard it a rise in opposition to the gentleman’s stated that it will not be used. Sam- thousand times that every vote counts, amendment pling will not be used to adjust the 2010 The CHAIR. The gentleman is recog- but, Mr. Chairman, if we allow for the census. use of the practice known as ‘‘statis- nized for 5 minutes. So this amendment is not necessary. Mr. MOLLOHAN. Mr. Chairman, first tical sampling,’’ as this bill clearly al- This is a blocking amendment. This is of all, I want to assure the gentleman lows, it is my fear that every voter will an in-the-way amendment. The prob- that the Census Bureau will not use not be counted and maybe some voters sampling for purposes of apportion- lem is that this amendment is written might be counted more often than oth- ment. To the extent that’s a concern, I so broadly that it would also prohibit ers. want to extend that assurance. The Su- commonly accepted techniques that Since the new administration has preme Court has already ruled against the Census Bureau uses for quality con- come into office, they have made it the use of sampling for the purposes of trol and other surveys. known that they plan on politicizing apportionment, and it will play no role Next year the Census Bureau will use this basic constitutional function of in the apportionment next year. Exist- sampling as a part of its coverage the Federal Government. At a time ing law prohibits the use of sampling measurement program after the main when the Federal Government is end- for apportionment. count in order to estimate how well it lessly enacting unconstitutional laws This amendment would prevent the counted the entire country. This and executive orders, it is incumbent Census Bureau from completing impor- amendment interferes with that. The upon this body to safeguard at least tant aspects of the census that are un- Census Bureau uses sampling for other one obligation that is required of us by related to apportionment, such as cov- statistical work, including the Amer- the Constitution of the United States. erage measurement. Coverage measure- ican Community Survey. The Amer- The Constitution requires the gov- ment is used to measure the ican Community Survey provides Con- ernment to take an actual head count. undercount and thus assure the qual- gress and the public with specific and Not a guess, not an estimate, but a ity, and provides a performance meas- valuable data about our Nation’s popu- physical head count. Statistical sam- ure, if you will, Mr. Chairman, for the lation that State and local govern- pling, however, simply creates profiles decennial activities. The Bureau needs ments need in order to make the best and assumes how many people live in this data to identify gaps in coverage decisions they can make. It is an im- various parts of our country, and it and to improve its process so that portant tool for policy-making at the does not actually do any counting. Americans can be assured of the best Federal level. We want to make sure In other words, sampling makes peo- possible census in the future. that the Bureau can still provide this ple up. It even guesses their age, their Now, I’ve heard this debate for the necessary information. Please do not sex, their race, and even their back- last several censuses. Sitting on this tie their hands. ground. Implementing this process committee, we deal with this issue As Chair of the committee that has would undoubtedly leave the census every 10 years. Sampling is a statis- oversight of this, I urge my colleagues open to massive amounts of fraud and tically sound methodology. Again, it’s to oppose this amendment. This is an political tinkering. With groups out not going to be used for apportion- awful amendment. It does not do any- there like ACORN, who are potentially ment, assuring the gentleman. But it is thing to help get to where we need to in line to be entrusted by our govern- a statistically significant and accurate go. ment anyway, allowing sampling to be way to have a better count. It’s sound, Mr. BROUN of Georgia. Mr. Chair- used in addition to their already and it achieves accuracy, and that’s man, I yield myself 30 seconds. known shady practices, we might as the whole point, through a scientific I respectfully disagree with my well just say we don’t care in the least method. friends on the other side. This doesn’t about getting accurate results. Mr. Now, I didn’t take statistics, so I have anything to do with the American Chairman, enough is enough. We must have to rely upon the scientists to tell Community Survey. It has to do with take legitimate steps to ensure the in- you this, but I’ve listened to enough of the census, and that’s the reason that tegrity of next year’s census. them assure us that that’s the way the amendment is written the way that I believe there was another amend- they get a better count, a more accu- it is written. It says the census and the ment made by my friend Mr. MCHENRY rate count, and isn’t that tremendous census only. It has to do with the cen- from North Carolina that would have that we have these sophisticated meth- sus. It has to do with the apportion- done even more to ensure the integrity ods to achieve that? ment that’s based on the census. And

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Mr. Chairman, I Mr. Chairman, I reserve the balance ment stimulus bill that does nothing to rise in opposition to the gentleman’s of my time. help our economy, a $400 billion omni- amendment. Mr. MOLLOHAN. Mr. Chairman, I bus bill chock full of even more ear- The CHAIR. The gentleman from have no further requests for time, and marks. All of this is costing hundreds West Virginia is recognized for 5 min- I reserve the balance of my time. of thousands of dollars to hardworking utes. Mr. BROUN of Georgia. Mr. Chair- American families. Mr. MOLLOHAN. Mr. Chairman, I man, this whole amendment process is Mr. Chairman, the President himself yield 5 minutes to the gentleman from flawed. We had other amendments that has said that he is losing sleep at night Arkansas, a member of the Appropria- were maybe considered better. And be- over the national debt. Well, I would tions Committee, Mr. BERRY. cause of these flaws, the American peo- love for the President to sleep better at Mr. BERRY. Mr. Chair, I thank the ple surely will not receive the accurate night, and maybe he could quit pro- chairman, the gentleman from West census that the Constitution requires posing the bailouts. Maybe Members of Virginia, and congratulate him on put- that they receive next year. Congress could quit proposing all of the ting together a good bill and bringing We have made many efforts to try to earmark spending. it to this House floor and moving it cut spending, but those were all count- Now, this is relatively small as far as forward. ed out of order too by the new rule. the dollars are concerned, $155,000 ap- My colleagues across the aisle, as This is a flawed process that is deplor- parently to fund an afterschool and they have suffered in the minority, able, and we should have let the proc- summer arts program. talk more trash than a $3 radio. It’s amazing. Actually, it would almost be ess go on. And I find it detestable, b 1945 frankly. funny if it were not so serious. But Mr. Chairman, I ask unanimous con- But, Mr. Chairman, under this Demo- they took over this country in January sent to withdraw my amendment. cratic Congress, the national debt will of 2001 with a balanced budget, a $5 The CHAIR. Without objection, the triple in 10 years. The Federal deficit trillion surplus and the votes to pass amendment is withdrawn. has gone up tenfold in just 2 years. anything they wanted to pass, and they There was no objection. We’re borrowing 46 cents to spend $1 did. And they imposed their will on the here. We’re borrowing money from the AMENDMENT NO. 79 OFFERED BY MR. American people. Their idea of how to HENSARLING Chinese, and we’re sending the bill to grow an economy is, give as much our children and our grandchildren, Mr. HENSARLING. Mr. Chairman, I money as you can to the rich people. which causes me to question, is this have an amendment at the desk, No. 79. Don’t regulate them at all. Let them the best expenditure for $155,000 of the The CHAIR. Is the gentleman the do anything they want to, and hope taxpayer money? designee of the gentleman from Cali- Wall Street takes care of you. Well, we Mr. Chairman, I’m a veteran of many fornia (Mr. LEWIS)? all see what happened. of these earmark battles. They have Mr. HENSARLING. Yes, I am. This year we find ourselves in the been going on for years. I know from The CHAIR. The Clerk will designate worst economic circumstance that any- history what we will hear. Number one, the amendment. one can imagine. It’s happened one we will hear, Nobody knows my dis- The text of the amendment is as fol- other time in this country. As I’ve lis- trict like I do. Mr. Chairman, I concede lows: tened to the debate, it sounds like a the point. I do not know the gentleman ghost from the Hoover Republicans Amendment No. 79 offered by Mr. HEN- from Arkansas’ district like he does. I trying to stop Franklin D. Roosevelt SARLING: At the end of the bill (before the short suspect I will hear that good things can from rebuilding this country, making title), insert the following: be done with the money. Mr. Chairman, it a great Nation again, and putting it SEC. l. None of the funds made available I concede the point. I’m not familiar in a position where it could fight and by this Act may be used by the Art Center of with the Art Center of the Grand Prai- win World War II. What he did was in- the Grand Prairie, Stuttgart, AR, for the rie. My guess is they do wonderful, vest in the people and invest in the Grand Prairie Arts Initiative. wonderful work, although I am unfa- country, and we did it, and it worked. The CHAIR. Pursuant to House Reso- miliar with how it’s necessarily related I make no apologies for our attempt lution 552, the gentleman from Texas to Juvenile Justice. I will hear that to invest in the children of the Grand (Mr. HENSARLING) and a Member op- Congress has the authority to spend Prairie in Stuttgart, Arkansas. So I posed each will control 5 minutes. this money. I concede the point. Con- rise today in support of funding for the The Chair recognizes the gentleman gress has the authority to spend the Art Center of the Grand Prairie. The from Texas. money. It doesn’t mean it’s smart. It Art Center is a nonprofit organization Mr. HENSARLING. Mr. Chairman, doesn’t mean it’s wise. It doesn’t mean that provides after-school and summer this is an amendment that would it’s helpful. But yes, Congress has that programs for troubled youth. strike an earmark in the bill for the power. While the Art Center provides valu- Arts Center of the Grand Prairie in My complaints are twofold. Number able artistic instruction and activities, Stuttgart, Arkansas. one, again, when we’re borrowing 46 we don’t need to turn this into an argu- I’m not a big fan of earmarks, be cents on the dollar, borrowing money ment over whether the Federal Govern- they congressional earmarks or admin- from the Chinese, sending the bill to ment should be a patron of the arts. We istration earmarks. That’s not to say our children and our grandchildren, en- need to look at the real point of the that all earmarks are bad. In fact, the countering more debt in the next 10 program, engaging at-risk youth and gentleman from Texas to my left here, years than in the previous 220 com- preventing crime. That is the benefit Mr. Chairman, has proposed several bined, we’ve never seen levels of debt the Federal Government and society as very worthwhile earmarks. since World War II. Is there any time a whole will derive from this project. It But, Mr. Chairman, we are not living that we decide, maybe something isn’t is a worthwhile investment in our chil- in normal times. We are in severe eco- a national priority? And as good as the dren. The funds for this project come nomic stress in our Nation today. And work that they do at the Art Center of from the Department of Justice, spe- as I look at what has happened in the the Grand Prairie in Stuttgart, Arkan- cifically the Juvenile Justice and De- United States Congress, what I have sas, I would suggest to you that there linquency Prevention Program. Ac- observed is that in the history of Con- are alternative uses for this money cording to DOJ’s own description of the

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.001 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15473 program, Juvenile Justice grants sup- The question was taken; and the how much Federal money is already port ‘‘prevention and early interven- Chair announced that the noes ap- going into lobster research. I wonder if tion programs that are making a dif- peared to have it. it is truly a Federal priority. How ference for young people and their Mr. HENSARLING. Mr. Chairman, I about catfish? How about pecans? How communities.’’ The Art Center of the demand a recorded vote. about research for yams and sweet po- Grand Prairie is a perfect example of The CHAIR. Pursuant to clause 6 of tatoes? Are those, indeed, national pri- this type of program. rule XVIII, further proceedings on the orities? And if it’s not a national pri- During the school year, the Art Cen- amendment offered by the gentleman ority, if it’s important for the State of ter’s after-school programs can serve from Texas will be postponed. Maine, why didn’t the State of Maine as a valuable supplement to each AMENDMENT NO. 76 OFFERED BY MR. pay for it? If it’s important to these child’s education by emphasizing task- HENSARLING local communities, why don’t the local oriented instruction, learning to create Mr. HENSARLING. Mr. Chairman, I communities pay for it? Why didn’t the a project from start to finish and rise as the designee of Mr. LEWIS of Chamber of Commerce pay for it? Why supplementing critical reading and California to offer amendment No. 76 as don’t commercial companies pay for it? writing skills in the process. printed in the CONGRESSIONAL RECORD. Why don’t co-ops pay for it? Most importantly, these programs The CHAIR. The Clerk will designate Somebody needs to explain to me engage children off the streets during the amendment. why the Dublin family in Palestine, afternoon hours between 3 p.m. and 6 The text of the amendment is as fol- Texas, that needs money to pay their p.m. They’re primarily staffed with lows: mortgage, why do they have to pay for many good, hardworking people that Amendment No. 76 offered by Mr. HEN- it? Why does the Mauk family in Ath- volunteer their time. It’s well known SARLING: ens, Texas, when they need this money by law enforcement that this is the SEC. ll. None of the funds made available to put gas in their car, why do they prime time for juvenile crime, van- by this Act may be used by the Maine De- have to pay for it? Why does the Lilly dalism and violence. partment of Marine Resources, Augusta, ME, family in Kaufman, Texas, that need Outside of the school year, the Art for Maine Lobster Research and Inshore money to pay for their health care pre- Trawl Survey. Center’s summer art program provides miums on their insurance, why do they week-long programs for youth, engag- The CHAIR. Pursuant to House Reso- have to pay for it? I don’t understand ing them with positive educational ac- lution 552, the gentleman from Texas that, Mr. Chairman, and I don’t think tivities that stimulate creative think- and a Member opposed each will con- it’s right. I don’t think it is right at a ing, get children reading and writing, trol 5 minutes. time of economic crisis. and stem the summer brain drain. The Chair recognizes the gentleman You know, we’re losing small busi- These summer camps are open to from Texas. nesses by the thousands. The average youths who would not ordinarily get Mr. HENSARLING. Thank you, Mr. small business is capitalized by $25,000. the opportunity to attend this type of Chairman. This amendment would This $200,000 expenditure right here, program or any other program, as evi- strike a $200,000 expenditure, another that could mean the difference of sav- denced by the fact that approximately earmark, for the Maine Lobster Re- ing eight small businesses and the jobs 65 percent of the attendees are on full search and Inshore Trawl Survey. they represent in this great Nation of scholarship. Federal funding for the I believe, if we’ve counted properly, ours. But instead, it’s going to be spent Art Center of the Grand Prairie will there’s roughly 1,100 different ear- on the Maine Lobster Research and ensure that these programs can con- marks contained within this appropria- Inshore Trawl Survey. No doubt it’s tinue to grow and make a positive im- tion. Again, I want to make it very important to Maine. No doubt they’re pact on the lives of even more young clear that all earmarks are not bad. doing good work. But Mr. Chairman, people. But I’m not a fan of earmarks, be they again, is it worth borrowing money The amendment offered by the gen- congressional or administration. Too from the Chinese, sending the bill to tleman from Texas would not save the often in the earmark process, what we our children and grandchildren, and taxpayers a dime. I ask that this observe, what the American people ob- maybe being the first generation in amendment be defeated. serve is a triumph of special interest or America’s history to leave the next I thank the gentleman from West local interest over the national inter- generation with a lower standard of Virginia for his time. est or the public interest. Too often we living? It’s not fair. It’s not smart. It’s Mr. HENSARLING. Mr. Chair, may I see a triumph of seniority in political not right. It needs to be rejected. inquire as to how much time is remain- considerations over merit. Too often I reserve the balance of my time. ing on each side? we see the triumph of secrecy over The CHAIR. The time has expired on transparency, and all too often for this b 2000 the majority side. The gentleman from body, Mr. Chairman, the American peo- Mr. MOLLOHAN. Mr. Chairman, I Texas has 30 seconds remaining. ple believe they see money coming in rise in opposition to the gentleman’s Mr. HENSARLING. Thank you, Mr. on one end of Capitol Hill and ear- amendment. Chairman. marks coming out of the other. The The CHAIR. The gentleman from I am certainly not equipped to speak system is broken. The system must be West Virginia is recognized for 5 min- to the $3 radio generation, but I think reformed. utes. I can speak somewhat to the $50 iPod Again, Mr. Chairman, relative to the Mr. MOLLOHAN. Mr. Chairman, I generation because the $155,000 to be Federal budget, it may be a small por- yield 4 minutes to the gentlelady from used for the gentleman’s earmark will tion of the total spending. It is a huge Maine (Ms. PINGREE) who is a member be borrowed from the Chinese and sent portion of the culture of spending. We of the Rules Committee. to that generation. need a culture of saving. You cannot Ms. PINGREE of Maine. Thank you Now when the Republicans were in earmark, bail out, borrow and spend to the Chair of the committee for control and we had a $300 billion def- your way into prosperity, no matter yielding me this time. icit, the now Majority Leader STENY what my colleagues on the other side Now, you can imagine when I first HOYER called that fiscal child abuse. of the aisle believe. It cannot be done. saw this amendment I was quite angry, Now we have a $1.8 trillion deficit. This We have seen no example in history and I don’t want to be discouraged earmark makes it $155,000 worse. Fiscal whatsoever. about the motives of the good Rep- child abuse for the iPod generation. It Now, Mr. Chairman, I have no doubt resentative from Texas, so I thought, should not be accepted. that this Maine Lobster Research and well, perhaps the good Representative The CHAIR. The question is on the Inshore Trawl Survey is very impor- from Texas doesn’t understand the im- amendment offered by the gentleman tant to the State of Maine. I have no portance of this to Maine. And as he from Texas (Mr. HENSARLING). doubt about that. I wonder, though, said, in many ways he doesn’t. I know,

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These are some increasing the Federal deficit, fiscal very important industry in our State, of the most hardworking fishermen in child abuse. We must have priorities. the lobster fishing industry. our country. We must reject this earmark. Now, if you’re from Texas, fishing This is an important resource to our I yield back the balance of my time. may seem like a distant thing, and I State, and $200,000 isn’t very much to The CHAIR. The question is on the understand that may be complicated. ask to a lot of hardworking people who amendment offered by the gentleman But let me just say that fishing is a contribute to our economy in the State from Texas (Mr. HENSARLING). common resource. This $200,000 helps of Maine every day and are counting on The question was taken; and the us to monitor these fisheries, a very our support. Chair announced that the noes ap- tightly controlled and restricted fish- I hope that the good Representative peared to have it. eries, but very successful fisheries in from Texas will withdraw his amend- Mr. HENSARLING. Mr. Chairman, I our State because of it. And this is the ment. But if not, I urge everyone in demand a recorded vote. subsidy that the Federal Government— this body to vote against this and to The CHAIR. Pursuant to clause 6 of as well as our State government—gives vote for the economy and the State of rule XVIII, further proceedings on the to help make sure that this stays a Maine. amendment offered by the gentleman healthy resource. Mr. MOLLOHAN. Mr. Chairman, I from Texas will be postponed. Now, just to give you a sense of the yield 1 minute to the gentleman from AMENDMENT NO. 105 OFFERED BY MR. CAMPBELL size of this industry, there are 7,000 li- Maine (Mr. MICHAUD). Mr. CAMPBELL. Mr. Chairman, I censed fishermen in the lobster indus- Mr. MICHAUD. I thank the gen- rise as the designee of the gentleman try. They brought in 69 million pounds tleman for yielding. from California (Mr. LEWIS) to offer of lobster in the last year. Now, I know The Lobster Institute CORE initia- amendment No. 105. in Texas, $242 million may not sound tive is a tremendous, worthwhile The CHAIR. The Clerk will designate like a substantial contribution to the project that helps sustain a vital indus- the amendment. economy, but that’s big money in the try in the State of Maine. This re- The text of the amendment is as fol- State of Maine. And fishing is big busi- source is vital to maintaining the jobs lows: ness in our State and very important and livelihoods of thousands of people. Amendment No. 105 offered by Mr. CAMP- to our State. Eighty-five percent of all In order to maintain an important part BELL: At the end of the bill (before the short of the lobsters in this country come of our economy, we must continue to title), insert the following: from the State of Maine. monitor the resource, in part so that SEC. ll. None of the funds provided in Now, it may be that you think about we do not overfish. this Act under the heading ‘‘National Oce- lobsters as some sort of glamorous In Maine alone, more than 40,000 jobs anic and Atmospheric Administration—Oper- food, but the fact is we’re talking depend on the health of this industry. ations, Research, and Facilities’’ shall be about hardworking fishermen. And let In all, the industry contributes an in- available for the Training the Next Genera- me tell you a little bit about how this dispensable $1 billion a year to the tion of Weather Forecasters project of San industry works. By law in the State of Maine economy—$1 billion a year. As Jose State University, San Jose, California, and the amount otherwise provided under Maine, these are basically individual other fisheries have declined, fisher- such heading (and the portion of such entrepreneurs. Each one of these fish- men have increased their dependence amount specified for Congressionally-des- ermen is a small business, and it’s a on lobster. ignated items) are hereby reduced by family business for most people who go Mid-coast and down-east Maine have $180,000. lobster fishing in the State of Maine. the most fisheries-dependent commu- The CHAIR. Pursuant to House Reso- Unlike other States where you may nities in New England. Effective lob- lution 552, the gentleman from Cali- have big corporate farms that get big ster management is a key element to fornia (Mr. CAMPBELL) and a Member corporate subsidies, these are indi- the economic stability of this industry. opposed each will control 5 minutes. vidual fishermen. This is not a subsidy These programs monitor the health The Chair recognizes the gentleman to them. This is making sure that and sustainability of the lobster re- from California. there is a resource for them out there, sources and are the foundation of the Mr. CAMPBELL. Mr. Chairman, as and by law, they operate as individ- industry management program. Their the gentleman from Texas before me uals. They buy the gas, they pay for continuation is not only essential to pointed out, this Nation right now is their boats, often their own children go the successful preservation of the lob- awash in debt. The Federal deficit is to work with them on the boat every ster population, but the preservation of around $11 trillion, I think, at last day. They get up early morning, work tens of thousands of jobs in the State count, but I think it’s going up so fast, long, hard hours, and struggle with a of Maine. about $2 trillion a year, that it’s prob- resource that isn’t always abundant So I urge my colleagues to oppose ably larger than that now. And I don’t and plentiful. That’s why we need to this amendment. know exactly what it is monitor this resource. The CHAIR. The time of the gen- But 46 cents of every dollar spent by It’s been a tough year for the fisher- tleman from West Virginia has expired. the Federal Government, spent by this men in our State, partly because of the Mr. HENSARLING. Mr. Chairman, Congress on the budget this year will economic downturn. These fish are contrary to the gentlelady from Maine, be borrowed—46 cents of every dollar often processed in Canada and the Ca- I did not come here quite angry, but I spent is going to be borrowed. The def- nadian banks had a problem because do come here disappointed. icit will double in 5 years and triple in they were affiliated with Iceland last I’m sure that her motives are good 10 years. Interest payments on the year. So these fishermen have been and pure, but she has brought to us an debt, interest payments alone are pro- struggling. These hardworking fisher- earmark that takes $200,000 away from jected to be $1 out of every $6 of Fed- man just want to make sure that there taxpayers in my congressional district eral spending by 2019; $1 out of every $6 is a resource available to them in the in order to benefit people in her con- we would spend just to pay interest on future. gressional district. Maybe she doesn’t the debt. Mr. Chairman, it is possible that the understand what $200,000 means to the Our level of debt is projected by 2011 good Representative from Texas did working families of the Fifth Congres- to reach 70 percent of our gross domes- not understand how vital this was to sional District of Texas; and, ulti- tic product. Seventy percent of gross

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NOAA News online story from the to happen to the United States Treas- This new report provides a valuable, agency’s Web site reads, ‘‘NOAA leads ury, then our interest rates would go objective scientific consensus on how climate impact and adaptation activi- up even more. climate change is affecting and may ties.’’ This is what NOAA does. These deficits, interest payments on further affect the United States. It re- In its own words, NOAA is dedicated the debts, will reach almost a trillion veals that climate change will alter to enhancing economic security and dollars coming forward. Chairman precipitation patterns on the timing of national safety through the prediction Bernanke has said we can’t expect to mountain snow melt, and predicts that and research of weather and climate- continue to borrow even 4–5 percent of climate change could bring parching related events. The curriculum that GDP in the future, but the President’s droughts to the southwest, home of the the funding in this bill will complete budget proposal has deficits ranging gentleman offering this amendment. will help NOAA achieve this mission. from 4–6 percent of GDP. One of the keys to dealing with these The university will seek other fund- Mr. Chairman, the debt we have is changes is going to be adaptation, de- ing sources in order to offer the class absolutely unbelievable and veloping ways to protect people and after it has been geared up. But to get unsustainable. We have to stop spend- places by reducing their vulnerability the program started, I think it is per- ing and borrowing so much money. to climate changes. fectly appropriate for NOAA to make a So this amendment is dealing with a To properly adapt to more extreme small investment in the development proposed $180,000 to be spent on ‘‘train- climate events, we need to have more of a field experience course that will ing the next generation of weather data, accurate weather forecasting, help to better train the next genera- forecasters for San Jose State Univer- weather forecasters trained to predict tion of weather forecasters to predict sity, San Jose, California.’’ the extreme events expected with cli- the extreme weather events that are Now, Mr. Chairman, weather fore- mate change, can give the American expected to accompany climate casting is a fine profession, and I’m people the advanced warning needed to change. sure San Jose State does a fine job deal with—or even escape from, if nec- Just a side word on this. When I was teaching weather forecasters, as I’m essary—these dangers and avoid trage- going to San Jose State back in the sure weather forecasters around the dies such as Hurricane Katrina. sixties, several new words like ‘‘ecol- country do. The question is, do we The funding for this amendment ogy,’’ ‘‘food web,’’ ‘‘smog’’ and other want to borrow another—because it would be used by San Jose State Uni- terminologies which are common will all be borrowed—borrow another versity to complete the development of among youngsters today started then $180,000 for this purpose? Do we want to a field experience curriculum to sup- at universities, and today, these are subsidize the training at this univer- plement the existing bachelor of concepts that are necessary for under- sity and not subsidize it anywhere else science in meteorology program. This standing the kinds of things we are it is done? Is this $180,000 so critical— will allow San Jose State University to faced with. because we really shouldn’t be spend- better train the next generation weath- Mr. CAMPBELL. Mr. Chairman, may ing anything right now and borrowing er forecasters helping to ensure that I inquire as to how much time I have more money unless it’s really critical government can plan and respond prop- remaining? to our needs in the future—is this erly. The CHAIR. The gentleman from $180,000 that critical that we should By the way, this is a one-time shot California has 13⁄4 minutes remaining. borrow it again going forward? that will be used over and over again as Mr. CAMPBELL. I appreciate the ar- I reserve the balance of my time. instruction goes on. guments from my colleague from Cali- Mr. MOLLOHAN. Mr. Chairman, I The field experience will improve the fornia and his eloquence in presenting rise in opposition to the gentleman’s quality of the graduates by exposing them. However, one of the things I amendment. them to a wider array of weather phe- would like to point out to the gen- The CHAIR. The gentleman is recog- nomenon that is typically experienced tleman is that, unless we missed it nized for 5 minutes. where the school is located. This will somehow, I believe that all earmark re- Mr. MOLLOHAN. Mr. Chairman, I enhance their ability to recognize and quests are supposed to be shown on yield 5 minutes to the gentleman from forecast the wide array of weather that your Web site, and we were unable to California, a member of our sub- is likely to be experienced in California find this on your Web site. But we were committee, doing an excellent job on and across the Nation in the next 30 able to find that there was some of this that subcommittee, Mr. HONDA. years as we experience climate change. funded last year, I believe, so that this Mr. HONDA. I would like to thank is not simply a one-time funding re- my chairman for this opportunity. b 2015 quest but, in fact, a multiple-year I rise in opposition to the gentleman I know the gentleman often asks why funding request. from California and his amendment. this project and others are not worthy And as noble as the quest and so I’m pleased to have this opportunity to projects. Well, the Department of Me- forth is that the gentleman described, talk about what may well be the most teorology at San Jose State University San Jose State is a publicly supported important problem facing our world is the only meteorology department in university. It’s part of the Cal State today, global warming, and about this the public university system in the University system. And I guess part of important project to help us deal with State of California, the Nation’s most the question is, can we continue to do it. populous, with a strong focus on the this, Mr. Chairman? Can we take and The gentleman and many of his col- undergraduate program. There are very borrow another $180,000 to put into this leagues on that side of the aisle may few bachelor of science in meteorology program to subsidize this program fur- wish to keep their heads in the sand programs in the western States, so the ther? And is that such a critical need about global warming, but I believe we benefits of this program will extend to that this program gets another $180,000 need to prepare to deal with the prob- other States in the region whose stu- from the Federal taxpayer, borrowed lem today. And I’m not alone in this dents will attend San Jose State. There by the Federal taxpayer, that we can’t view. are not a lot of options for developing take, starting now, just take $180,000 The United States Global Change Re- this important curriculum, and San and save it and start to reduce the def- search Program, which coordinates and Jose State University has the faculty icit and start to save a little money

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They are, on balance, fall- while, and if ever there was a bill or po- concern, Mr. Chairman, but until we ing by 4 to 6 percent—obviously, some sition I think that we should agree start to do that, we are not just con- more than that, some less than that. upon, it’s this piece. demning our children and grand- But in this period when the incomes of I heard Mr. HENSARLING say on the children to a mountain of debt, it is Americans are falling 4 to 6 percent, floor that we are losing small busi- piling up so fast that we are con- should the government be increasing nesses by the thousands, and I agree demning ourselves to a mountain of its bureaucratic spending by almost 13 with that. People are losing jobs, small debt. percent? And if it does, where is that businesses, which is the backbone of Mr. Chairman, I yield back the bal- going to come from? If Americans are America. And I’ve heard my colleagues ance of my time and ask for an ‘‘aye’’ making 4 to 6 percent less, how is the on the other side of the aisle talk often vote. government going to continue to spend and defend the backbone of America, The CHAIR. The question is on the 13 percent more? our small businesses; without them, amendment offered by the gentleman If you include defense spending, total the average everyday American is in from California (Mr. CAMPBELL). discretionary spending is rising by 8 trouble. The question was taken; and the percent this year. And these numbers And so it is that as you look at the Chair announced that the noes ap- that I have just thrown out are in addi- Jamaica Chamber of Commerce Export peared to have it. tion to the $787 billion stimulus bill Center, which supports the needs of Mr. CAMPBELL. Mr. Chairman, I de- that was passed earlier this year. When small and midsized freight-forwarding mand a recorded vote. you put that into effect, Mr. Chairman, businesses—small business—that sur- The CHAIR. Pursuant to clause 6 of many of the agencies of government round John F. Kennedy Airport and rule XVIII, further proceedings on the saw their budgets double over the pre- that aims to provide economic and in- amendment offered by the gentleman vious year at a time when regular dustrial relief to New York City com- from California will be postponed. Americans at home are cutting back. munities that are grappling with an ex- AMENDMENT NO. 104 OFFERED BY MR. CAMPBELL And what are they going to have to do? odus of export and freight-forwarding Mr. CAMPBELL. Mr. Chairman, I This money doesn’t drop out of the jobs and businesses, we’re losing the sky. I know people say, Oh, well, this rise as the designee of Mr. LEWIS of jobs, small businesses are closing. The California to offer amendment No. 104. spending is good for the economy. It average everyday American is asking The CHAIR. The Clerk will designate doesn’t drop out of the sky. It has to be those of us in Congress to help them. the amendment. borrowed or it has to be taxed, and John F. Kennedy Airport, once the The text of the amendment is as fol- right now we are borrowing it, and premiere airport for shipping cargo, lows: someday the people on the majority has fallen, causing the loss of thou- side will probably want to tax it. And Amendment No. 104 offered by Mr. CAMP- sands of jobs. As a primary employer, that, Mr. Chairman, is an BELL: the freight-forwarding firms in Queens At the end of the bill (before the short unsustainable process. County employ approximately 41,000 title), insert the following: The President’s budget increases people directly. Studies project that SEC. ll. None of the funds provided in spending to more than $4 trillion, for every 1,000 air transport jobs that this Act under the heading ‘‘Minority Busi- which is now 29 percent of the gross do- are lost means there are an additional ness Development Agency—Minority Busi- mestic product. That basically means 470 jobs in associated industries that ness Development’’ shall be available for the almost $1 out of $3 of output in the are also lost. So it seems to me that Jamaica Chamber of Commerce, Jamaica, country is now done by the Federal NY, for the Jamaica Export Center, and the the perfect remedy to save jobs in var- Government, not including State and ious areas is to help keep small busi- amount otherwise provided under such head- local governments. After 10 years, the ing (and the portion of such amount specified nesses running and thriving. for Congressionally-designated items) are national debt will be a quarter of GDP. It’s estimated that the industry has hereby reduced by $100,000. For every dollar the U.S. produces, 25 already lost 4,000 jobs in the areas sur- The CHAIR. Pursuant to House Reso- cents is eaten up in debt. rounding John F. Kennedy Airport. Mr. Chairman, this particular ear- lution 552, the gentleman from Cali- This issue became even more pro- mark funds the Minority Business De- fornia (Mr. CAMPBELL) and a Member nounced after the tragic events of 9/11, velopment Agency for the Jamaica which had a devastatingly negative im- opposed each will control 5 minutes. Chamber of Commerce in Jamaica, The Chair recognizes the gentleman New York, for the Jamaica Export Cen- pact on the airlines and related indus- from California. ter. Now, Mr. Chairman, it’s $100,000 tries in New York City. In an effort to Mr. CAMPBELL. Mr. Chairman, you that is proposed to be spent—another help sustain the 1,300 small and know, you don’t get a mountain of debt $100,000 to be spent, another $100,000 to midsized firms located off the airport without spending the money first. I be borrowed, another $100,000 we don’t site, the Jamaica Chamber of Com- would like to talk a little bit about the have, Americans don’t have—that is merce opened the Export Center. spending that this Congress and this going to have to be borrowed or taxed The center’s incubator, one of its President are doing. to be spent for the Chamber of Com- main features, happens to encourage Nondefense discretionary spending— merce in Jamaica, New York, to set up minority and female entrepreneurs to so that is basically nondefense and an export center. Mr. Chairman, that operate freight-forwarding businesses nonentitlement spending—for 2010 is just doesn’t seem to me as a critical by offering technical assistance from a rising in these appropriations bills need at this time that we should be major university business center, keep- we’re dealing with now from the cur- spending $100,000 more on to do. ing them in business and lowering their rent year by 12.8 percent. That’s $57 bil- Mr. Chairman, I reserve the balance costs through the collective use of fa- lion more that we’re going to spend in of my time. cilities. the next fiscal year than we’re spend- Mr. MOLLOHAN. Mr. Chairman, I If this project is earmarked, the ing in the current fiscal year only on rise in opposition to the gentleman’s funds would be administered by the Mi- nondefense discretionary spending. amendment. nority Business Development Agency Now, Mr. Chairman, if you look at The CHAIR. The gentleman from under the Department of Commerce, what’s happening in the economy right West Virginia is recognized for 5 min- whose goal is specifically—this is what now, growth is not—there is no growth. utes. they’re there for—to foster the estab- We are down. GDP is falling by some- Mr. MOLLOHAN. Mr. Chairman, I lishment and growth of minority- where from 4 to 6 percent on an yield 5 minutes to the gentleman from owned businesses in America. It aims annualized basis. And what that means New York (Mr. MEEKS). to address the historical disparity in

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.002 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15477 the number of minority businesses and move this $100,000 and save a little bit, on and so forth with the economy out the large gap that still remains so that and start now by not doing this sort of there. But if we go down this road of small businesses and minorities can get thing anymore that is just not of a starting to subsidize these chambers of involved in the great American Dream critical nature, given the debt and defi- commerce, it will never stop, is my of owning a business and creating jobs cits we have. fear. We have got to stop spending in a community in which they reside. The CHAIR. The question is on the what we are spending, not to mention It specifically encourages the develop- amendment offered by the gentleman not spend more. ment of entrepreneurship programs from California (Mr. CAMPBELL). I thank the gentleman for the time. that increase the success of minority- The question was taken; and the Mr. MOLLOHAN. Mr. Chairman, I and women-owned businesses. Chair announced that the noes ap- yield the balance of my time to the The Jamaica Chamber of Commerce peared to have it. gentleman from California (Mr. Export Center does exactly and sup- Mr. CAMPBELL. Mr. Chairman, I de- HONDA). ports the goals specifically that the mand a recorded vote. Mr. HONDA. I thank the gentleman program within the Department of The CHAIR. Pursuant to clause 6 of for yielding. Commerce is charged to do. So there is rule XVIII, further proceedings on the Just to respond to my friend on the a perfect match here to create jobs, to amendment offered by the gentleman other side who indicated that on my get people to become small business from California will be postponed. Web site the item of San Jose State owners, to maintain low overhead. I Mr. MOLLOHAN. Mr. Chairman, I University for training the next gen- think that that’s what the American move to strike the requisite number of eration of weather forecasters was not people want. And by doing this, we are words. on my Web site. Mr. CAMPBELL, I have saving jobs not only in one area, but in The CHAIR. The gentleman is recog- a copy of my Web site here. So I am many areas. To me, that is something nized for 5 minutes. going to tell you right now that it is on that should be applauded, not some- Mr. MOLLOHAN. Mr. Chairman, I the Web site and has been there. So thing that should be taken away. yield 1 minute to the gentleman from when you make those kinds of accusa- We match the very definition of what New York (Mr. MEEKS). tions, I think that you need to double the Department of Commerce has The CHAIR. In striking the last talked about, a perfect match. And we check what it is that you are going to word, the gentleman may not yield spe- give, in this process, daylight so that be saying. the American people can understand cific blocks of time. To the idea of $180,000, although it we’re trying to help them. Mr. MOLLOHAN. Thank you for re- may be small, what about this: by 2025, Mr. CAMPBELL. May I inquire of the minding me of that, Mr. Chairman. it is estimated that the four global Chair how much time I have remain- I yield to the gentleman from New warming weather kinds of damages in ing? York (Mr. MEEKS). terms of energy costs, estate costs, The CHAIR. The gentleman from Mr. MEEKS of New York. Mr. Chair- hurricane damage, those four kinds of California has 11⁄4 minutes remaining. man, I just wanted to make sure that I global warming impact damages will Mr. CAMPBELL. Mr. Chairman, I made clear on the record that the Ja- cost approximately—I want you to would like to point out to the gen- maica Chamber of Commerce in hear this number, Mr. CAMPBELL—$271 tleman from New York as well that we Queens, New York, is not a private en- billion. That is estimated damages in could not find this earmark request on tity. It is a not-for-profit organization the future. So $180,000 doesn’t seem your Web site, which I believe is some- that is a public organization that de- like a lot of money, but it is a great in- thing that the committee rules require, pends upon public funds, and the City vestment. we could not find that. So that is one of New York, the State of New York, I come from an area called Silicon thing we would like to point out to and the Federal Government all try to Valley where we understand ROI, im- you. support it because it is a not-for-profit mediate return on investment, and I But also, Mr. Chairman, what this organization in the City of New York think if we can reduce the damages of $100,000 that we are going to borrow to help people create jobs in the Queens $271 billion with a $180,000 investment, does is subsidizes—— area. that is a good investment by any Mr. MEEKS of New York. Would the Mr. MOLLOHAN. I yield for a re- means. And these are not only damages gentleman yield? sponse to the gentleman from Cali- to property, but how about lives? Being Mr. CAMPBELL. Very quickly, yes, I fornia (Mr. CAMPBELL). able to predict properly the weather will yield. Mr. CAMPBELL. I understand that and do it in a way where people can Mr. MEEKS of New York. I would chambers of commerce are nonprofit avoid a holocaust because of the weath- just say it is on the Web site. Later I organizations, but they are funded by er, I think $180,000 is a good invest- can show you that it’s on my Web site. profit-making organizations and their ment. Mr. CAMPBELL. We would be happy purpose is to try to help those organi- Coupled with $271 billion in antici- to see it. We were not able to find this zations network and make more profit. pated costs by the losses due to global project. There is obviously nothing wrong with warming and climate changes, and the But reclaiming my time, Mr. Chair- chambers of commerce. They are great man, it subsidizes $100,000 it would bor- saving of lives, $180,000 is a minuscule things and they are all over and all row for the Chamber of Commerce in amount, but it is a good investment by that. Jamaica, New York. The Chamber of any standard. But my objection to these things, it Commerce in Jamaica, New York, is a So, I just want to reiterate, it is good wouldn’t matter if it was Jamaica, New private entity funded by private busi- to be able to say that it is not on the York, or if it was down the road from nesses. So we are using $100,000 of tax- Web site, and when you are not there me. I don’t know how many chambers payer money to subsidize private busi- in front of your computer, it is hard to nesses here at a time when we don’t of commerce there are in the United say that he is wrong. But I just had to have the money. And if we’re going to States, thousands of them, tens of take this opportunity to let you know do it for the Chamber of Commerce in thousands, but should we be sending that going back to my Web site, I can Jamaica, why not do it for the Cham- money to one and not another? And show you, if you would like to see it, ber of Commerce in Irvine, where I aren’t these entities that should learn the iteration that we have on our Web live, or the thousands of Chambers of to live and learn to do their work with- site. Commerce that exist all over the coun- out subsidies from the taxpayer, par- I suspect that any other comments try. ticularly given the deficits and debts regarding other Members’ Web sites, and the situation that we are in now? that these things are not apparent on b 2030 In my home State of California, we the Web sites, could be questioned. Mr. Chairman, I would ask for a have an unemployment rate in excess Mr. CULBERSON. Mr. Chairman, I ‘‘yes’’ vote on this amendment to re- of 11 percent. So I get it, what is going move to strike the last word.

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.002 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15478 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 The CHAIR. The gentleman is recog- the fiscal conservatives in the minor- The Chair recognizes the gentleman nized for 5 minutes. ity, are doing everything we know how from California. Mr. CULBERSON. Mr. Chairman, I to do to bring to the attention of the Mr. CAMPBELL. Mr. Chairman, we think we have engaged in a very American people the urgency and im- have talked here this evening about healthy and productive debate tonight mediacy of the problem, that we as the debt and we have talked about the that illustrates the very profound and Congress have got to stop spending spending. And, you know, when you important philosophical differences of money. No new debt, no new taxes, no spend more money than you are taking the fiscal conservatives in the House new spending has got to be the watch- in in government, you have a deficit. and those in the majority who are, word for this Congress. Now, most people, Mr. Chairman, with good intentions, doing everything My colleagues on the conservative that may be watching this at home they can to take care of the Nation’s side of the aisle here have done our say, well, I can’t do that, because if I needs, but at a far higher price tag. best to lay out a series of amendments spend more money than I am taking in, I as a fiscal conservative and member to give the Congress choices between I will eventually go broke, if they have of this committee appreciate very cuts, as in Mr. PRICE’s amendment, a business or their personal spending or much the work that Chairman MOLLO- which would give the agencies the dis- whatever. HAN has done to include both Members cretion to go in and find how to save Mr. Chairman, we are spending more of the minority and the majority in that penny out of every dollar, versus money than we are taking in here in putting together this final bill, but I as Congresswoman BLACKBURN’s amend- the Federal Government by about near- a conservative have profound concerns ment, which is an across-the-board cut ly 2 trillion, that is with a T, dollars about the level of spending in this bill of 5 percent from each program. We this year. I remember when $1 billion and other bills. have had other amendments tonight, seemed like it was a big deal, and now I, for example, looking at the amend- such as Mr. JORDAN’s amendment to we are talking about trillions, we are ments before us tonight that we have cut $12 .5 billion out of the bill. spending so much. discussed, I see Mr. PRICE of Georgia’s We are facing a national debt of over Part of that includes a $407.6 billion amendment. Representative PRICE was $11.6 trillion today that is accumu- appropriation bill already passed just asking that we cut this bill by 1 per- lating at the rate of, as Mr. CAMPBELL this year in this Congress which con- cent, one penny out of every dollar, pointed out quite correctly, over $2 tained close to 9,000 earmarks. These and allow the individual agencies to trillion a year. These TEA parties that earmarks totaled almost $11 billion and decide where to reduce that penny out we saw spring up all across the country included such things as $200,000 for tat- of every dollar. To me, that is an abso- spontaneously represent a deep-seated too removal and $2.2 million for grape lutely sensible and in fact frankly a and well-founded fear among the Amer- genetics, amongst other things. This $2 modest approach to dealing with the ican people that this Congress is com- trillion deficit is the largest deficit as size of the Federal deficit and the debt. pletely out of control with the new a percent of our economy of any year We, today, Mr. Chairman, in this leadership and the new President since World War II. Congress and every one of us as guard- spending money at a rate never before The President’s stimulus bill in- ians of the Treasury, as stewards of the seen in American history. It is true, as cluded spending of $43.6 billion for 15 trust given us by our constituents, Mr. HENSARLING said, that never before programs that the Office of Manage- have a responsibility first and foremost have so few spent so much in so little ment and Budget called ineffective or to think about the next generation; to time. We in the minority, the fiscal having results not demonstrated. We think about the amount of money that conservatives in the minority today, could have decreased that program by 6 we are spending and the fact that the have laid out tonight, Mr. Chairman, a percent, that whole stimulus bill, just money we spend today is, as Mr. CAMP- number of thoughtful alternatives. by eliminating that $43.6 billion of pro- BELL said, being borrowed from the My friend Mr. CAMPBELL, I would like grams that this government says are Chinese; that that debt will have to be to yield my remaining time to him so ineffective or have results that are not paid; that we as a Congress have to re- he can talk about some of the ideas he demonstrated. member on every vote on every issue laid out and some other members of b 2045 and every opportunity that we get that the Republican Study Committee. we should find ways to save money. The CHAIR. The time of the gen- Mr. Chairman, we are spending way It is entirely appropriate and reason- tleman from Texas has expired. too much money. We’re spending too able for this Congress to trim expenses AMENDMENT NO. 107 OFFERED BY MR. CAMPBELL much money on waste. We’re spending wherever we can at a time when the Mr. CAMPBELL. Mr. Chairman, I too much money on duplicative and in- national debt is at record levels, when rise as the designee of Mr. LEWIS of effective programs, and we’re spending the deficit is at a record level, when we California to offer amendment No. 107. too much money on earmarks, on ear- have already, as we stand here tonight The CHAIR. The Clerk will designate marks like the one that is before us as a nation, accumulated over sixty- the amendment. here in amendment No. 107. thousand-billion dollars worth of un- The text of the amendment is as fol- This earmark, Mr. Chairman, is for funded liabilities that must be paid by lows: $600,000 to fund the Summer Flounder future generations. Amendment No. 107 offered by Mr. CAMP- and Black Sea Initiative project of the BELL: Medicare runs out of money in 96 At the end of the bill (before the short Partnership for Mid-Atlantic Fisheries months. We have saddled our children title), insert the following: in Point Pleasant Beach, New Jersey. and grandchildren with a level of debt SEC. ll. None of the funds provided in Now, Mr. Chairman, $600,000 more never before seen in our Nation’s his- this Act under the heading ‘‘National Oce- spending, on top of the $4 trillion we’re tory since World War II. And for what anic and Atmospheric Administration—Oper- already spending, on top of creating end? We in this new fiscally liberal ma- ations, Research, and Facilities’’ shall be $600,000 more deficit, and this is just jority in Congress passed this massive available for the Summer Flounder and one of what I’m sure will be thousands Black Sea Initiative project of the Partner- of earmarks in all of these appropria- bill, what they call a stimulus bill, ship for Mid-Atlantic Fisheries, Point Pleas- that all by itself spent more money in ant Beach, New Jersey, and the amount oth- tions bills for summer flounder and one stroke than the entire annual erwise provided under such heading (and the other fish? budget of the United States. portion of such amount specified for Con- Can the flounders get along without The bailout bills, which I also voted gressionally-designated items) are hereby re- this $600,000? I think they can, Mr. against, I voted against $2.6 trillion of duced by $600,000. Chairman. spending under President Bush. I have The CHAIR. Pursuant to House Reso- I reserve the balance of my time. already had to vote against about $1.3 lution 552, the gentleman from Cali- Mr. MOLLOHAN. Mr. Chairman, I trillion of spending under President fornia (Mr. CAMPBELL) and a Member move that the Committee do now rise. Obama. Those of us in the minority, opposed each will control 5 minutes. The motion was agreed to.

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.002 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15479 Accordingly, the Committee rose; The CHAIR. When the Committee of This request is not a typical earmark. It and the Speaker pro tempore (Mr. the Whole rose earlier today, the bill does not serve only a single district. It was not MEEKS of New York) having assumed had been read through page 101, line 20. requested by one member or one party. It is the chair, Mr. ALTMIRE, Chair of the Pending is amendment No. 107 offered not a crutch for a fading industry. Rather, the Committee of the Whole House on the by the gentleman from California (Mr. Partnership for Mid-Atlantic Fisheries Science state of the Union, reported that that CAMPBELL). The gentleman from Cali- is a reputable organization—with well-estab- Committee, having had under consider- fornia has 13⁄4 minutes remaining. lished federal and regional partnerships, such ation the bill (H.R. 2847) making appro- Mr. PALLONE. Mr. Chair, I rise in opposition as the National Marine Fisheries Service, Mid- priations for the Departments of Com- to this amendment. The Partnership for Mid- Atlantic Fishery Management Council, and At- merce and Justice, and Science, and Atlantic Fisheries Science is incredibly impor- lantic States Marine Fisheries Commission Related Agencies for the fiscal year tant to the commercial and recreational fishing committees and assessment programs. ending September 30, 2010, and for industry on the east coast. It ensures fisheries Additionally, the Partnership will serve crit- other purposes, had come to no resolu- managers have the best possible science ical needs in the region known as the Mid-At- tion thereon. when making decisions regarding a multi-bil- lantic Bight, where the recreational and com- mercial fishing industries—and the jobs and f lion dollar industry. This amendment would also arbitrarily cut much needed funding from families that support them—depend on sum- REPORT ON H.R. 2918, LEGISLA- the National Oceanic and Atmospheric Admin- mer flounder and black sea bass for their live- TIVE BRANCH APPROPRIATIONS istration. lihood. ACT, 2010 The Partnership for Mid-Atlantic Fisheries Providing data based on the best possible Mr. MOLLOHAN, from the Com- Science addresses the most urgent scientific science—as this research funding provides—is mittee on Appropriations, submitted a issues limiting successful management of the vital to the health of our fisheries and the eco- privileged report (Rept. No. 111–160) on summer flounder and black sea bass fisheries nomic well-being of our fishermen. If you support a down-payment on job cre- the bill (H.R. 2918) making appropria- in the Mid-Atlantic region. It is a multi-state ation and a prudent investment of taxpayer tions for the Legislative Branch for the multi-institutional partnership that will utilize dollars in the future of this economy, vote fiscal year ending September 30, 2010, academic and recreational/commercial fish- against this misguided amendment and sup- and for other purposes, which was re- eries resources to develop targeted science initiatives. port the underlying bill. ferred to the Union Calendar and or- Mr. LOBIONDO. Mr. Chair, I rise today in op- Summer flounder and black sea Bass are dered to be printed. position to the Campbell Amendment. This among the most valuable recreational fish in The SPEAKER pro tempore. Pursu- amendment would bar funds in the bill from the Mid-Atlantic. Both are also important com- ant to clause 1, rule XXI, all points of being used to fund a $600,000 project for the mercial species. This project will benefit the order are reserved. Partnership for Mid-Atlantic Fisheries which I participating recreational and commercial fish- f requested along with Reps. Bishop, King and ermen of the Mid-Atlantic, their shore-based RECESS Pallone. In addition, it reduces by $600,000 supporting industries, and tee many con- funding for the National Oceanic and Atmos- The SPEAKER pro tempore. Pursu- sumers of seafood that count these species pheric Administration, NOAA. ant to clause 12(a) of rule I, the Chair among their preferred seafood items. The Partnership for Mid-Atlantic Fisheries is declares the House in recess subject to This program helps us incorporate critical in- a multi-state partnership comprised of com- the call of the Chair. formation into the fisheries management proc- mercial and recreational fishing organizations Accordingly (at 8 o’clock and 48 min- ess. By using the best possible science fish- and academic institutions in New Jersey and utes p.m.), the House stood in recess eries managers will be able to create healthy New York. It is dedicated to the design and subject to the call of the Chair. sustainable fisheries and protect the fishing in- implementation of scientific projects address- dustry. f ing critical needs to improve the assessment Mr. BISHOP of New York. Mr. Chairman, I and attainment of sustainability for the most b 2303 rise in strong opposition to the amendment. important fisheries of the Mid-Atlantic region. On behalf of eastern Long Island, I com- AFTER RECESS The project the Commerce, Justice, Science mend Chairman OBEY and Chairman MOLLO- Appropriations Subcommittee has chosen to The recess having expired, the House HAN for their leadership on the underlying bill, fund and which this amendment bars funding was called to order by the Speaker pro and I thank them on behalf of the taxpayers’ for is titled ‘‘Summer Flounder and Black Sea tempore (Mr. OBEY) at 11 o’clock and 3 best interests. Bass Initiative.’’ The goal of this initiative is to minutes p.m. As many of my colleagues know, the Part- gain data to address the most urgent scientific f nership for Mid-Atlantic Fisheries Science con- issues limiting successful management of the ducts urgent research to revive and manage COMMERCE, JUSTICE, SCIENCE, summer flounder and black sea bass fisheries fisheries, including summer flounder and black in the Mid-Atlantic region. This data will then AND RELATED AGENCIES APPRO- sea bass fisheries in the Mid-Atlantic region. PRIATIONS ACT, 2010 be provided to the National Marine Fisheries I requested this, project along with my col- Service, regional councils, and state regulatory The SPEAKER pro tempore. Pursu- leagues, both Republicans and Democrats bodies to be used in the assessment process ant to House Resolution 552 and rule from New Jersey and New York, because the carried out by these groups. This assessment XVIII, the Chair declares the House in research to be conducted will help stimulate process is used to estimate maximum sustain- the Committee of the Whole House on an industry that is critically important to my re- able yield, and from this, yearly fishing quotas. the state of the Union for the further gion—precisely what our economy is calling Summer flounder and black sea bass are consideration of the bill, H.R. 2847. for and precisely the opposite of what has among the most valuable commercial and rec- been suggested by the gentleman from Cali- b 2304 reational fish species in the Mid-Atlantic re- fornia, whose district could not be further away gion. A reduction in total allowable catch for IN THE COMMITTEE OF THE WHOLE or more detached from the jobs and families summer flounder since 2004 decreased the Accordingly, the House resolved this research benefits. In fact, on Long Island, commercial and recreational fisheries by over itself into the Committee of the Whole the fishing industry is a source of $2 billion to 37.7 percent with an economic impact in ex- House on the state of the Union for the the local economy and sustains more than cess of $47.3 million per year. In 2008, the further consideration of the bill (H.R. 10,000 full and part-time jobs. Partnership for Mid-Atlantic Fisheries provided 2847) making appropriations for the De- I do not presume to know what is of critical necessary data leading to a relaxation of partments of Commerce and Justice, importance to the people and economies of quota reductions in 2009. This was an impor- and Science, and Related Agencies for Newport Beach or Laguna Beach and I doubt tant first step in improved management of this the fiscal year ending September 30, the gentleman from California has spoken to species which can continue with funding for 2010, and for other purposes, with Mr. fishermen in my district who are struggling this project. ALTMIRE in the chair. with outdated catch limits and quotas, and In 2009, the black sea bass quota was cut The Clerk read the title of the bill. thus as a result, struggling to make a living. 44 percent, costing the economies of the Mid-

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00059 Fmt 0688 Sfmt 9920 E:\BR09\H17JN9.002 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15480 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 Atlantic an estimated $92 million. Without ad- come and strike this earmark when it open for tens of millions of dollars a ditional research on critical data inadequacies was requested by the President. In year that has been called duplicative the continued viability of this vital fishery is en- times past, the earmark was requested and ineffective. So I think that this is dangered. by another Member of Congress, but an amendment that should pass. Cape May, New Jersey in my Congressional this time the President has taken it We are not targeting, as I mentioned, District is the second busiest commercial fish- up. any Member earmark this time. This is ing port on the East Coast. The data this ini- After years of trying to close down the President’s earmark. And part of tiative could produce and the yearly fishing this entity, the administration has de- the role of Congress, one that we have quotas it could impact have direct effects on cided that they want to keep it. It has not done well, is to police the adminis- the economy of my district. This would impact been described by the previous admin- tration and to look at what they are not only the commercial fishermen and their istration as duplicative and ineffective. allocating and earmarking for. families, but recreational anglers and the I think that just about every report we With that, I reserve the balance of shore-based infrastructure both groups rely have seen on this center has said that. my time. on—docks, packing houses, bait and tackle It is a considerable amount of money, I b 2310 shops, marinas, etc., as well as the restaurant believe $44 million. We should be sav- Mr. MOLLOHAN. I rise in opposition owners and seafood markets. ing that. to the gentleman’s amendment, Mr. According to the administration offi- The $600,000 set aside by the Commerce, Chairman. Justice, Science Appropriations Subcommittee cials, by including funding for the The CHAIR. The gentleman from for the ‘‘Summer Flounder and Black Sea NDIC in his budget request, the Presi- West Virginia is recognized for 5 min- Bass Initiative’’ for the Partnership for Mid-At- dent helped to establish the Depart- utes. lantic Fisheries will provide essential data ment of Justice as the NDIC’s perma- Mr. MOLLOHAN. Mr. Chairman, the which has the ability to directly impact the nent funding source. In this case, I National Drug Intelligence Center was economy of my Congressional District. For this think ‘‘permanent’’ is a troubling requested by the administration. The reason, I join Reps. BISHOP, KING and PAL- word, particularly when it regards the President’s request was for $44.023 mil- LONE in strongly opposing the Campbell NDIC. lion. The request in that amount was Amendment to the Commerce, Justice, Reportedly, this shift will also approved by the committee. The Na- Science FY 2010 Appropriations bill and urge change the NDIC’s name to the Center tional Drug Intelligence Center pro- my colleagues to do the same. For Strategic Excellence. As Shake- vides strategic drug-related intel- The CHAIR. Does any Member seek speare once wrote, A rose by any other ligence, document and computer ex- recognition on the Campbell amend- name would smell as sweet. I submit ploitation support, and training assist- ment? that the metaphor remains true, only ance to the drug control, public health If not, the question is on the amend- it is not the perfume of roses that we and law enforcement and intelligence ment offered by the gentleman from smell here with the NDIC. communities in order to reduce the ad- California (Mr. CAMPBELL). The NDIC was established in 1993 and verse effects of drug trafficking, drug The question was taken; and the has been the recipient of more than 350 abuse and other drug related criminal Chair announced that the noes ap- million taxpayer dollars in the 15 years activities. peared to have it. it has been in existence. Despite all the In this bill, Mr. Chairman, the orga- Mr. FLAKE. Mr. Chairman, I demand money and time, the NDIC, according nization is funded at our recommenda- a recorded vote. to the previous administration, ‘‘has tion of $44.023 million, which, I repeat, The CHAIR. Pursuant to clause 6 of proven ineffective in achieving its as- is at the budget request. rule XVIII, further proceedings on the signed mission.’’ Mr. Chairman, I reserve the balance amendment offered by the gentleman Now, we all expect the Obama admin- of my time. from California will be postponed. istration to disagree with many deter- Mr. FLAKE. Mr. Chairman, I’m often AMENDMENT NO. 87 OFFERED BY MR. FLAKE minations by the Bush administration, told we shouldn’t be challenging Mem- Mr. FLAKE. Mr. Chairman, I have an but the criticism of the NDIC extends ber earmarks. We shouldn’t be chal- amendment at the desk, designated as beyond the previous administration. A lenging them because we ought to be No. 87 in the CONGRESSIONAL RECORD. report by the GAO issued shortly after going after those faceless bureaucrats The CHAIR. The Clerk will designate the NDIC’s opening way back in 1993 and the things that the administration the amendment. cited 19 other drug intelligence centers proposes that we don’t look at enough. The text of the amendment is as fol- that already existed whose functions And I agree, certainly. lows: the NDIC duplicates. So it is not just So here’s a case where the adminis- Amendment No. 87 offered by Mr. FLAKE: the previous administration. Long be- tration, not just the previous adminis- At the end of the bill (before the short fore that, we have recognized that this tration, but administrations before title), insert the following: is money that should and could be that have said this is duplicative. It’s a SEC. ll. None of the funds provided in saved if we would close down this cen- this Act under the heading ‘‘Department of center in search of a mission, and it Justice—General Administration—National ter. ought to be shut down. You could save Drug Intelligence Center’’ shall be available As reported in The Hill on May 14, a $44 million a year. And yet we won’t do for operations of the National Drug Intel- review by OMB agreed. They concluded it. If we’re not going to shut down a ligence Center, and the amount otherwise that NDIC’s efforts were duplicative of center like this, where are we going to provided under such heading is hereby re- those of the other intelligence agen- cut? duced by $44,023,000. cies. Let me just quote, according to the The CHAIR. Pursuant to House Reso- In 2006 a spokesman for DOJ asserted Department of Justice Budget and Per- lution 552, the gentleman from Arizona that the resources for the NDIC should formance Summary for Fiscal Year and a Member opposed each will con- be ‘‘realigned to support priority coun- 2010: ‘‘The most significant challenge trol 5 minutes. terterrorism and national security ini- for NDIC currently is its lack of a per- The Chair recognizes the gentleman tiatives.’’ manent funding source.’’ from Arizona. Mr. Chairman, this is a center beg- Now, think of that for a minute. If Mr. FLAKE. Mr. Chairman, my ging to be shut down. I don’t need to that’s the biggest challenge they’ve amendment would strike funding for remind anybody here of the problems got, not, you know, finding a strategic the National Drug Intelligence Center we are having fiscally. We are running mission or way to aid in our drug con- and reduce the cost of the bill by a the biggest deficit we have ever run, we trol effort, but is finding a permanent commensurate amount. This is not the have public debt that is just astound- funding source. That seems to be their first time I have come to the floor to ing, we have unfunded liabilities that mission. And from what we know, that try to strike funding for the NDIC, but should make us all shudder, and we may be mission accomplished now, be- this is the first time I have tried to simply can’t keep a center like this cause the President is seeking to put it

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.002 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15481 under DOJ where it will remain perma- to this. There’s no mention of it in the I reserve the balance of my time. nently. ScienceSouth Web site, and my staff Mr. MOLLOHAN. Mr. Chairman, I But we in Congress, it’s our role, part was unable to find any information on rise in opposition to the gentleman’s of our oversight function is to ensure the center online. This project is likely amendment that money is not wasted by those, I’m connected to the growth of this institu- The CHAIR. The gentleman from always told, faceless bureaucrats. tion. Perhaps we’ll have clarification West Virginia is recognized for 5 min- Here’s a perfect example of where we here. utes. can make a difference, where we can Mr. Chairman, I agree with the spon- Mr. MOLLOHAN. Mr. Chairman, I save money, and we ought to do it. sor of the project that ScienceSouth yield 5 minutes to the distinguished I reserve the balance of my time. appears to offer a valuable service to gentleman from South Carolina, our The CHAIR. The time of the gen- the community. I appreciate efforts to majority whip, Mr. CLYBURN. tleman has expired. make learning fun for families. I ap- Mr. CLYBURN. Mr. Chairman, I Mr. MOLLOHAN. Mr. Chairman, I plaud ScienceSouth’s decision to ex- thank Chairman MOLLOHAN for yield- yield back the balance of my time. pand. ing me the time. The CHAIR. The question is on the However, I have to question how es- Ranking Member WOLF, Mr. FLAKE, amendment offered by the gentleman sential it is that ScienceSouth receive Members of the committee, sub- from Arizona (Mr. FLAKE). Federal funding. According to the Web committee and staff, I very seldom The question was taken; and the site, ScienceSouth counts DeLoitte and come to this floor to make statements. Chair announced that the noes ap- Touche, I guess, Honda, Wachovia, But I do tonight because I consider it peared to have it. AT&T, Bank of America and many to be very, very critical to the edu- Mr. FLAKE. Mr. Chairman, I demand other as its sponsors. It’s also received cation of our young people for us to a recorded vote. funding from the State legislature, and continue and to expand the partner- The CHAIR. Pursuant to clause 6 of holds an annual gala to raise funds ships that all of us are trying to de- rule XVIII, further proceedings on the from private donors. Yet year after velop with the business community in amendment offered by the gentleman year, we see earmarks such as these ap- trying to educate our children, most from Arizona will be postponed. proved by the House; and year after especially, those children who live in AMENDMENT NO. 86 OFFERED BY MR. FLAKE year, some of us try to come to the disadvantaged or what we call at-risk Mr. FLAKE. Mr. Chairman, I have an floor of this House and ask why. Why conditions. amendment at the desk designated as do we continue to fund these projects? ScienceSouth is a hands-on, minds-on No. 86 in the CONGRESSIONAL RECORD. We’re often told that we’re trying to program that many of us have worked The CHAIR. The Clerk will designate wean them off Federal funding. Yet, a long time to develop. the amendment. that weaning never seems to be accom- And I want the gentleman to know The text of the amendment is as fol- plished. that we aren’t talking about my dis- lows: This year I’d also like to draw atten- trict here. We are talking about the I– Amendment No. 86 offered by Mr. FLAKE: tion to the fact that earmarks like this 95 corridor that has been dubbed ‘‘The At the end of the bill (before the short exist because we have a pretty power- Corridor of Shame,’’ that runs for 200 title), insert the following: ful spoils system. It favors powerful miles through South Carolina. SEC. ll. None of the funds provided in Members of Congress over just about One of the partners, as he may have this Act under the heading ‘‘National Aero- everyone else. mentioned in his statement, is the city nautics and Space Administration—Cross With more than 1,000 earmarks in Agency Support’’ shall be available for the of Dillon. Dillon is not in my district. Innovative Science Learning Center of this bill, a full review and breakdown It is a city made famous by its School ScienceSouth, Florence, South Carolina, and of earmarks was in tall order. However, District No. 2, on the evening that the the amount otherwise provided under such you look at just a glance at one ear- President of the United States ad- heading (and the portion of such amount marked account in this bill, the COPS dressed a joint session here in this specified for Congressionally-designated Law Enforcement and Technology ac- room, and he identified a young lady items) are hereby reduced by $500,000. count reveals that Members of the sitting next to his wife, Ty’Sheoma The CHAIR. Pursuant to House Reso- House leadership, appropriators, com- Bethea, and talked about the letter she lution 552, the gentleman from Arizona mittee chairmen and ranking members wrote to him. Ty’Sheoma Bethea is one (Mr. FLAKE) and a Member opposed are taking home more than 45 percent of the students benefiting from this each will control 5 minutes. of the earmarked dollars in that ac- program, and Dillon is not in my dis- The Chair recognizes the gentleman count. trict. from Arizona. I wish I could say this was the excep- This is not about seeking largesse for Mr. FLAKE. Mr. Chairman, this tion to the rule. Unfortunately, it’s the district I represent. This is about amendment would remove $500,000 not. educating the children of this great Na- funding for the Innovative Science When you look at last year’s Defense tion and of my home State. Learning Center at ScienceSouth in spending bill, for example, the same Florence, South Carolina, and reduce powerful Members took home 54 per- b 2320 the overall cost of the bill by a com- cent of the total earmarks contained in This program is very, very impor- mensurate amount. the bill. I’d remind my colleagues that tant, and it has been around for 9 According to its Web site, this subset of Members comprises only years, and I would like the gentleman ScienceSouth is a nonprofit institution 25 percent of this body. to know that this is not anything that established in 2000 by educators and Mr. Chairman, I often hear that we are trying to wean off of. This is business leaders and seeks to advance Members know their districts better something that I wish we had more scientific understanding and increase than those faceless bureaucrats. I money to spend on. We cannot put this the competitiveness of future genera- would think it would be a tough case to kind of condition on the education of tions. make that only Members of the Appro- our children. ScienceSouth offers programming for priations Committee, or only Members Now, I don’t understand why it is schools and families, as well as sum- who are in leadership positions on both that we can understand the necessity mer camp sessions, and currently offers sides of the aisle, they just happen to for repeat expenditures to educate peo- hands-on science workshops at its know their districts a lot better than ple and not understand why partner- newly opened ScienceSouth pavilion. anybody else, than the rank-and-file ships ought to exist, because students Additionally, ScienceSouth is plan- Members. Else, why should they get are being born every day. This program ning to open a new permanent facility. nearly half of the earmarks when they is not being maintained for the same It’s unclear whether the Innovative comprise less than a quarter of the students. It is being maintained for Science Learning Center is connected body? students who are being born every day

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.002 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15482 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 and who are reaching a level every day foolhardy to cut from the education of struction and improvement of science of benefiting from this program. our children. They are, in fact, our fu- laboratories. So Ty’Sheoma Bethea will go on to ture. This is an investment in the fu- It sounds to me like this new course college or will go on to university, and ture of our children and of this great of study at Drew University not only I am going to help ensure that she country. got a $1 million grant from the founda- does. There will be others behind her to The CHAIR. The question is on the tion for the new major but that it is benefit from this program. So this is amendment offered by the gentleman also getting a $1 million grant from the not repetition on the same students. from Arizona (Mr. FLAKE). taxpayers as well. I’m sure the cur- This is the repetition of a program that The question was taken; and the riculum Drew offers is competitive and has proven to be very, very beneficial. Chair announced that the noes ap- noteworthy, but so are the curricula of In closing, might I say that this pro- peared to have it. many universities across the country. gram is so important to the business Mr. FLAKE. Mr. Chairman, I demand Mr. Chairman, there has been in- community in South Carolina until a recorded vote. creasing attention paid to earmarks for Richard Powell recently ended his ca- The CHAIR. Pursuant to clause 6 of private companies. What do we do reer at ESAB, which is a global welding rule XVIII, further proceedings on the about earmarks to private universities and cutting firm, where he held posi- amendment offered by the gentleman that have demonstrated their ability to tions of senior vice president of stra- from Arizona will be postponed. secure generous grants from pres- tegic planning, of senior vice president AMENDMENT NO. 85 OFFERED BY MR. FLAKE tigious foundations? Why do the Fed- of information technology, vice presi- Mr. FLAKE. Mr. Chairman, I have an eral taxpayers have to provide funding dent of manufacturing, and controller, amendment at the desk designated as as well? and he took over the directorship of No. 85 in the CONGRESSIONAL RECORD. Drew University has the benefit of this program. The CHAIR. The Clerk will designate relationships with influential Members This is one of the reasons we exist— the amendment. of Congress, obviously; but does that to make the quality of life better for The text of the amendment is as fol- justify this kind of earmark? those young people, especially those lows: As I mentioned, there is a bit of a who live along the I–95 corridor that so Amendment No. 85 offered by Mr. FLAKE: spoil system here. I mentioned the CJS many of us like to talk of as the ‘‘cor- At the end of the bill (before the short spending bill overall. When you look at ridor of shame.’’ What we’re trying to title), insert the following: simply one program, again, like the do with this program is to turn that SEC. ll. None of the funds provided in COPS grant, it contains nearly $123 corridor into an oasis of opportunity this Act under the heading ‘‘National Aero- million in earmarked funds. Powerful for those children. nautics and Space Administration—Cross Members of Congress, appropriators, Agency Support’’ shall be available for the Mr. FLAKE. Mr. Chairman, there are Drew University Environmental Science Ini- leadership, and committee chairs and a lot of commendable education pro- tiative of Drew University, Madison, New ranking members are taking home grams, and this is certainly one that is Jersey, and the amount otherwise provided more than $55 million of that. That fulfilling its objective. under such heading (and the portion of such represents 45 percent of the total dol- We are facing a $2 trillion deficit this amount specified for Congressionally-des- lars earmarked. Yet I would remind my year alone, and I think it behooves us ignated items) are hereby reduced by colleagues again that this subset of as Members of Congress to make some $1,000,000. Members comprises only 25 percent of choices at some time. I think all of us The CHAIR. Pursuant to House Reso- this legislative body. would love to have money for every lution 552, the gentleman from Arizona I would submit that the taxpayers worthy project that’s out there, but (Mr. FLAKE) and a Member opposed have already had an education. We’ve here is a project that is receiving a lot each will control 5 minutes. received an education in Congress’ of money from the private sector. I The Chair now recognizes the gen- wasteful earmarking ways. We don’t listed off some of the sponsors. They’ve tleman from Arizona. need to subsidize a private university been able to get large grants from cor- Mr. FLAKE. Mr. Chairman, this in this manner. I urge support of the porations, and that speaks well for this amendment would remove $1 million amendment. program. Yet it has been around for 9 for the Environmental Science Initia- I reserve the balance of my time. years, and since 2002, it has received tive at Drew University, and it would Mr. FRELINGHUYSEN. Mr. Chair- $1.6 million in earmarks from this lower the cost of the bill by a commen- man, I rise to claim time in opposition body. surate amount. to the amendment. At what point do we say, ‘‘Enough is I have nothing against environ- The CHAIR. The gentleman from enough’’? At what point do we say, mental science. I think very highly of New Jersey is recognized for 5 minutes. ‘‘Yes, it is time to wean this program the gentleman who has sponsored this Mr. FRELINGHUYSEN. Mr. Chair- off of Federal dollars’’? If not now, earmark, but I do have a problem with man, personally, I believe that we do when? When we hit a $3 trillion deficit? handing out these kinds of earmarks to need to rein in excessive government At what point do we say, ‘‘We’re spend- private universities. Drew University is spending and promote fiscal discipline, ing too much’’? We all know that we not only a private institution; it also and I’ve been heavily involved in that. have to borrow any money that we has a reported endowment of more With that said, I want to thank you, spend on any of these programs be- than $268 million. In addition, the uni- Representative FLAKE, for bringing cause we’re running a $2 trillion def- versity was recently awarded a grant of this very important project to every- icit. I would simply submit that we $950,000 by the Andrew W. Mellon Foun- one’s attention. I know we can all have got to make some cuts some- dation, a grant that was for the estab- agree on the importance of math and where, and we don’t seem to be willing lishment of the new Environmental science education. Throughout my ca- to do it anywhere. So, with that, I Studies and Sustainability major at reer in county, in State and now in would urge support of the amendment. the school. This is according to the Washington, I’ve been a strong pro- I yield back the balance of my time. university’s Web site. ponent of instilling an interest in The CHAIR. The gentleman from I applaud Drew University. It speaks STEM education in our young people West Virginia has 15 seconds. highly of the university that it was so that they may tackle our country’s Mr. MOLLOHAN. I yield the gen- able to secure a grant from a founda- and our planet’s most pressing issues. tleman from South Carolina 15 seconds. tion like the Mellon Foundation. Yet The Drew University Environmental Mr. CLYBURN. Mr. Chairman, let me it’s curious, in light of this grant, that Science Initiative—and Drew is located just say to the gentleman that I agree Drew University should receive a $1 in Madison, New Jersey—fits perfectly that we must find places to cut, and I million earmark for what the sponsor in line with this goal of advancing have worked very hard on this side of said is the development of new environ- science education. This program bene- the aisle to do that, but I think it is mental studies courses for the con- fits Drew’s undergraduate students,

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.002 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15483 and it assists Drew in expanding its The question was taken; and the marks year after year after year? This partnership with local elementary, Chair announced that the noes ap- is just the latest year that we have middle and high schools. Many speak- peared to have it. challenged this earmark on the floor, ers had come to the floor earlier, say- Mr. FLAKE. Mr. Chairman, I demand and we’re always told it’s vital, we’ve ing, you know, How are we going to a recorded vote. got to have it. Next year, it’s vital, meet the challenges of China and The CHAIR. Pursuant to clause 6 of we’ve got to have it. When does the $4 India? rule XVIII, further proceedings on the million a year stop? One of the ways you meet the chal- amendment offered by the gentleman According to the JASON Project, lenges of China and India with regard from Arizona will be postponed. support from all of these groups en- to their educational systems is to AMENDMENT NO. 91 OFFERED BY MR. FLAKE ables the organization to offer its edu- make sure that there are colleges and Mr. FLAKE. Mr. Chairman, I have an cational resources online for free. How- universities that are doing what they amendment at the desk designated as ever, all of JASON’s curriculum mate- can to graduate students who are heav- No. 91 in the CONGRESSIONAL RECORD. rials must be purchased, costing ily involved in math and science stud- The CHAIR. The Clerk will designate schools $788 for a classroom pack and ies. the amendment. about $2,500 for a school pack. In 2007 I strongly share Drew’s belief that, in The text of the amendment is as fol- the JASON Project was the recipient of order to confront tomorrow’s environ- lows: a $2.2 million earmark. Last year mental challenges, we must capture JASON received $5.6 million from the the interest and imagination of our Na- Amendment No. 91 offered by Mr. FLAKE: At the end of the bill (before the short Federal Government. tion’s youth early in education, and title), insert the following: The JASON Project has been so effec- Drew does this. SEC. ll. None of the funds provided in tive in securing money that its Web b 2330 this Act under the heading ‘‘National Oce- site offers tips for teachers in securing anic and Atmospheric Administration—Oper- funds from local entities in order to I’d also add that this project, this ations, Research, and Facilities’’ shall be science initiative, like all others pro- available for the Science Education Through buy JASON products. So here’s what posed for funding, has been thoroughly Exploration project of the JASON Project, they offer: They offer tips to teachers vetted and completely transparent. Ashburn, Virginia, and the amount otherwise to go out and secure funds from local And may I add, unlike the gentle- provided under such heading (and the portion entities in order to buy JASON prod- man’s home State of Arizona, which of such amount specified for Congression- ucts. ranks 21st in the Nation in tax dollars ally-designated items) are hereby reduced by If the JASON Project can’t continue returned from Washington, my home $4,000,000. its operations without Federal funds State of New Jersey ranks 50 out of 50, The CHAIR. Pursuant to House Reso- after 18 years, I think you have to dead last. So, quite honestly, I don’t lution 552, the gentleman from Arizona question its effectiveness. We have to apologize for looking after my State, (Mr. FLAKE) and a Member opposed stop funding projects like this year my public and private universities, be- each will control 5 minutes. after year after year. cause we want the best of America to The Chair recognizes the gentleman With that, Mr. Chairman, I reserve be well educated, and I think the in- from Arizona. the balance of my time. vestments we’re making in science, Mr. FLAKE. Mr. Chairman, this Mr. MOLLOHAN. Mr. Chairman, I math, technology, and engineering in amendment would strike a $4 million rise to claim the time in opposition to New Jersey and colleges and univer- earmark for the JASON Project and the gentleman’s amendment. sities across the country is money well lower the overall cost of the bill by a The CHAIR. The gentleman is recog- spent. commensurate amount. nized for 5 minutes. Mr. Chairman, I reserve the balance The JASON Project was founded in Mr. MOLLOHAN. Mr. Chairman, I of my time. 1989. It’s been around for 18 years. Ac- yield 3 minutes to the gentleman from Mr. FLAKE. Mr. Chairman, again I cording to their Web site, the purpose Rhode Island (Mr. LANGEVIN). would say if we’re not going to cut of the organization is to design science Mr. LANGEVIN. I thank the gen- spending here, where are we going to curriculum for fifth- to eighth-grade tleman for yielding, and I want to do it? If we can’t say that we are not classrooms. thank Chairman MOLLOHAN for his out- going to give a million dollar grant to We all know that science is impor- standing leadership as chairman of the a private university that just received tant for any child’s education, and if Subcommittee on Commerce, Justice, a million dollar grant, or close to, from local schools wish to supplement their Science. the Mellon Foundation for an almost science curriculum with the services Mr. Chairman, I rise in opposition to identical purpose, a private university provided by the JASON Project, I be- the Flake amendment to strike funding that has an endowment of $268 million lieve they certainly should have that from the Commerce, Justice, Science while we have a public debt of about choice. Appropriations bill for the JASON $11 trillion and a deficit this year of $2 However, this earmark is going to Project. And I, again, do want to thank trillion, if we can’t decide that we are the JASON Project organization, not Chairman MOLLOHAN in particular for not going to give a million dollar ear- to the schools who wish to purchase its his unwavering support of this impor- mark in this manner, where are we products. This $4 million earmark is tant program, which ultimately results going to cut? When are we going to say one of the largest in this year’s CJS in its being a public-private partner- enough is enough? We’re spending too bill, and I remain unconvinced that ship, which, I think, is a great example much. So I commend those who are looking JASON is so desperately in need of of how to invest in education. for ways to save, but I have to remain Federal funding. The JASON Project was first created a little skeptical if we can’t do away In 1995 JASON became a subsidiary of by Dr. Bob Ballard. Many of you may with programs like this, with earmarks National Geographic, one of the world’s remember Dr. Ballard was the famed like this. largest nonprofit science and edu- underwater explorer who found the Ti- With that, I urge support of the cational organizations. In addition to tanic. And Dr. Ballard has a real pas- amendment. the funding it receives from National sion for children in educating the next Mr. Chairman, I yield back the bal- Geographic, JASON is also partners generation. ance of my time. with NASA and the National Oceanic I’ve had the opportunity to work Mr. FRELINGHUYSEN. Mr. Chair- and Atmospheric Administration. The with Dr. Ballard at the University of man, I yield back the balance of my Motorola Foundation, Shell Oil Com- Rhode Island on science education ini- time. pany, and Microsoft also provide fund- tiatives, and I am grateful for his work The CHAIR. The question is on the ing for JASON. to establish the JASON Project and for amendment offered by the gentleman Why, with so many resources, does his dedication to training and inspiring from Arizona (Mr. FLAKE). the JASON Project still receive ear- future scientists.

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.002 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15484 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 As Congress addresses today’s eco- scores the critical need for science edu- port of it. Maybe now is the time that nomic challenges, we must be vigilant cation programs, such as the JASON we’ll stand up and say, Enough is in giving our future generation the Project, to attract America’s youth to enough. I urge support of the amend- tools that they need to succeed. The science disciplines and to better equip ment. gentleman from Arizona noted the def- our teachers through professional de- I yield back the balance of my time. icit that our country faces. Well, how velopment. The CHAIR. The question is on the are we going to get out of our deficit Both of our witnesses agree that the amendment offered by the gentleman and ensure that we are creating wealth struggle to attract and to retain stu- from Arizona (Mr. FLAKE). for the future, that we are creating dents to science begins early, begins in The question was taken; and the prosperity for our country if we don’t elementary school, and that the prepa- Chair announced that the noes ap- invest in our young people, if we don’t ration and education of science teach- peared to have it. invest in our future? That’s what the ers is one of the most important ele- Mr. FLAKE. Mr. Chairman, I demand science, technology, engineering, and ments in that recruitment. The JASON a recorded vote. mathematics programs in particular Program, which was founded in 1989 by The CHAIR. Pursuant to clause 6 of do. They make sure that we are edu- Dr. Robert Ballard, who discovered the rule XVIII, further proceedings on the cating our young people who are going Titanic, has helped inspire and moti- amendment offered by the gentleman to be the job creators, the problem vate more than 7 million students and from Arizona will be postponed. solvers, the innovators of tomorrow. teachers to become more proficient in AMENDMENT NO. 84 OFFERED BY MR. FLAKE We’re investing in our young people. science. And I can’t think of a program Mr. FLAKE. Mr. Chairman, I have an STEM education has become a com- that has a better return on investment amendment at the desk, designated as mon theme during this debate tonight, than one that has reached so many and amendment No. 84 in the CONGRES- and the JASON Project focuses on just that has such a profound impact on SIONAL RECORD. that. Since 1989 the JASON cur- America’s innovation and competitive- The CHAIR. The Clerk will designate riculum, which is a free curriculum, ness in the long run. the amendment. has been distributed to over 7 million It does one other thing, Mr. Chair- The text of the amendment is as fol- students and teachers. JASON fosters man: It promotes the private-public lows: critical thinking and problem-solving partnerships that the gentleman, who Amendment No. 84 offered by Mr. FLAKE: while engaging students in real hands- is the author of the amendment, fre- At the end of the bill (before the short on science, helping them understand quently alludes to. It’s a wonderful title), insert the following: complex scientific concepts. program. It serves the Nation. And I SEC. ll. None of the funds provided in I urge Members to vote ‘‘no’’ on this urge a ‘‘no’’ vote on the amendment. this Act under the heading ‘‘National Oce- amendment and support funding to en- I yield back the balance of my time. anic and Atmospheric Administration—Oper- ations, Research, and Facilities’’ shall be courage and inspire our next genera- Mr. FLAKE. Mr. Chairman, we talk a lot about investment here. And it available for the Institute for Seafood Stud- tion of critical thinkers by supporting ies project of the Nicholls State University the JASON Project. seems that when we want to spend Department of Biological Sciences, Again I want to thank Chairman money that we don’t have, we call it an Thibodaux, Louisiana, and the amount oth- MOLLOHAN for his unwavering support investment and assume everybody is erwise provided under such heading (and the of this vitally important program. going to be okay with it. We’ve in- portion of such amount specified for Con- Mr. MOLLOHAN. I thank the gen- vested so much that we have a $2 tril- gressionally-designated items) are hereby re- tleman from Rhode Island. lion deficit now. We’ve got to stop in- duced by $325,000. Mr. Chairman, I thank the gentleman vesting, spending, whatever you want The CHAIR. Pursuant to House Reso- from Arizona for the opportunity to to call it, if we want to get out of this lution 552, the gentleman from Arizona stand up and speak about and in favor deficit; and this seems a perfect place and a Member opposed each will con- of the JASON Project. to start. trol 5 minutes. For those who might not know, the The Member mentioned that this is The Chair recognizes the gentleman JASON Project is a powerful education money well spent, that it’s a great re- from Arizona. program, as Mr. LANGEVIN just de- turn on investment. I’ll tell you what Mr. FLAKE. Thank you, Mr. Chair- scribed, promoting hands-on learning, was a great return on investment. Over man. science learning, that connects pri- the past decade, the JASON Project This amendment would remove marily fifth-grade and eighth-grade has spent about $1 million lobbying the $325,000 in funding for the Institute for students and their teachers with great Federal Government, in most cases, I Seafood Studies at the Nicholls State explorers, scientists, role models, cut- think, lobbying for earmarks like this. University Department of Biological ting-edge research. For that $1 million, they’ve invested in Sciences in Thibodaux, Louisiana, and This subcommittee, Mr. Chairman, lobbying this body. They’ve received reduce the overall cost of the bill by a held a number of hearings on science tens of millions of dollars in earmarks. commensurate amount. It’s my under- education. It’s a topic of great concern That’s a pretty good investment, if you standing that this money would be for the subcommittee as we fund the ask me; but it’s nothing that we ought used to fund the creation of an Insti- National Science Foundation and to just be proud of taking part in. At tute for Seafood Studies with the pur- NASA and NOAA, all agencies that some point we’ve got to say, hey, there pose of increasing and coordinating re- have wonderful science programs, and are a lot of private organizations that search related to sustainable fisheries they also have an education mission. are helping this organization. At some and the seafood industry. point they need to be weaned off of Mr. Chairman, it would seem that b 2340 Federal dollars. I would submit that $4 we’re developing a trend in the House, So we sponsored these hearings to million in an earmark this year, when funding seafood earmarks. It seems a try to determine what is the best edu- we have a deficit of $2 trillion, is sim- little fishy to me. We keep coming up cational experience, how do we effec- ply too much. If we’re not going to with—there are lobster things, there tively promote science education stand up here on this, again, I have to are shrimp things, there are a lot of among our youth, a challenge that is ask, when are we going to stand up and seafood things here in the bill, and difficult to me. start paring down this deficit? It’s then we never seem to be offsetting The subcommittee heard from Dr. amazing that we just don’t see a real this spending anywhere else. It’s just Harold Pratt, former president of the commitment here in this body at this another earmark for this or for that or National Science Teachers Association, time to actually take control of Fed- for this or for that. and Bill Nye the Science Guy—if Mem- eral spending. It’s unfortunate we’re Every year we approve earmarks for bers on the floor don’t know who he is, not seeing it on this earmark, from the projects associated with lobsters, like I their children certainly do—under- sounds of it; but I’d like to urge sup- mentioned, crabs, mussels, oysters,

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.002 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15485 whales, salmon, horseshoe crabs, trout, well as methods to advance sustainable importance of the working coast. We’re shrimp. The list goes on and on and on. fishing practices. In fact, this project not the Sun Coast, we are not the Sand And now we are going to approve an dovetails nicely with the work being Coast, we are not the Condominium earmark that creates an institute, lit- done in Energy and Commerce as we Coast. We are the coast of the United erally, to study seafood. It’s not speak regarding the food safety bill and States that produces over 30 percent of enough to fund all of these other the issues that confront us. The rash of the seafood, and good quality, safe sea- things. Now we have to create an insti- food-related illnesses and the deaths in food that we hope to preserve. tute to study seafood. And I would ven- the past few years highlight the vul- Mr. FLAKE. Mr. Chairman, may I ture a guess that we’ll be back here nerability of our country and what we ask for the time remaining. next year with another earmark for face from unsafe food sources and im- The CHAIR. The gentleman has 2 that same program because now that ports. minutes remaining. we have an institute created by the Louisiana is the number one pro- Mr. FLAKE. First, this is the last Federal Government through an ear- ducer in the continental United States amendment tonight. I want to thank mark, then who is going to sustain it of the most valuable commercial shell- the Members for staying around this but the Federal Government with an- fish and finfish species, providing about long. I know their time is more valu- other earmark and earmarks in per- one-third of the Nation’s commercial able than mine, and I appreciate your petuity? seafood species. Our working coast indulgence here on this important This earmark is only one of a thou- sends fresh seafood around the country, process, and I apologize for keeping sand earmarks in this bill. As I men- including States in the West like Ari- people this long, particularly those tioned, this is another example of zona. I remember spending one Mardi who came to defend their projects. where we always hear that Members Gras week in meetings in Phoenix and The Member mentioned that it’s im- know their districts best, but when you enjoyed fresh crawfish from Louisiana portant that we think of the little guys look at the earmarks funded in this in Arizona restaurants. And that was here. The last time I checked, we have legislation, you see the same spoils because of the fact that our people in an $11 trillion debt. That amounts to system that we see elsewhere. Louisiana try to bring the freshest and about $36,000 per American, per person; Again, I have to ask, does an appro- the best to the rest of the country. for a family of four, obviously it’s priator or does a member of the leader- So it’s imperative that we have the much bigger than that. It’s time we ship or a ranking member or a chair- ability to ensure that this valuable re- start looking out for them. man of the committee just happen to source be kept safe and sustainable. If we look at this bill itself, CJS, it’s 12 percent bigger than it was last year. know his district that much better b 2350 than a rank-and-file Member, that they In the year that we’re running record should receive almost double in dollar Why should we be using taxpayer deficits every year, we’re expanding amount and in number of the earmarks funds? The seafood industry in Lou- this bill by 12 percent. that are proffered by this institution? isiana—and in many parts of the coun- I appreciate what the Member said That sounds fishy to me as well. try, not just Louisiana—is a conglom- about the last 8 years. We missed a his- We often get high-minded about, you erate of many small, single-owner busi- toric opportunity as Republicans to ac- know, we have to stand up for the pre- nesses. Sometimes a member of the in- tually rein in spending. We didn’t do it, rogatives of the House and that we dustry owns a single boat, and that is to our eternal shame, and that’s part of keep our ability to earmark because we part of the industry that we know in the reason we’re smack dab in the mi- know better than those faceless bu- south Louisiana along the entire gulf nority today. We put ourselves on a reaucrats. But why do only some of the coast. And if you go throughout the course toward a fiscal cliff. Members here know better? And it al- fishing industry in the United States, But now we’re still headed toward ways seems to me that it is the same you will find that does not differ a lot. that fiscal cliff. And with bills like this Members again and again. Many beneficial domestic policies that cost 12 percent more than last With that, I reserve the balance of have strong, positive impacts on all of year, we’ve stepped on the accelerator. my time. our constituents. In the case of food Why are we doing that? And if we can’t Mr. MOLLOHAN. Mr. Chairman, I safety and sustainability, all of our stop creating new institutes to study rise in opposition to the gentleman’s constituents—regardless of whether seafood or anything else, then where amendment. they’re from the north, the west, the are we going to cut? Where is the fiscal The CHAIR. The gentleman from south, the east, middle-America—share responsibility that we keep hearing West Virginia is recognized for 5 min- in the peace of mind that they can feed about that’s being employed? I just utes. their families with clean, healthy, safe can’t see it here. Mr. MOLLOHAN. Mr. Chairman, I food. While those benefits are shared And like I said, we’re creating a new yield 5 minutes to the distinguished by all, it makes sense that the costs be institute here, a new institute that will Member from Louisiana (Mr. MELAN- shared as well. now be reliant, I’m sure—I will bet just CON). This project that we’re discussing about anything that we will be back Mr. MELANCON. I thank my friend. today focuses funding on food safety next year with another earmark for I thank Mr. FLAKE for his leadership and sustainability in the location that that same seafood institute that we on the issues of fiscal responsibility. As produces a large portion of the Na- just created because we’ve just got to a Blue Dog Democrat, I appreciate the tion’s seafood. By prioritizing the fund- keep it going now. And that will just importance of fiscal responsibility; and ing of the Institute for Seafood Studies add more to the deficit. Remember, we getting our fiscal house in order is the at Nicholls State University, we are re- have to spend more every year. best way to come out of this recession sponsibly investing in a food supply I urge support of the amendment. quickly, a recession caused by 8 years that we can all enjoy. This is not just With that, I yield back the balance of of irresponsible spending. And I am a Nicholls State University, a Third my time. aware that my friend was one of the Louisiana District, a south Louisiana The CHAIR. The gentleman from few people that continued to hawk his thing. This is about safe seafood, West Virginia has 1 minute remaining. side of the aisle. whether it’s shrimp, whether it’s fin Mr. MOLLOHAN. I just wanted to Part of fiscal responsibility is the fish, regardless. It’s about the study mention to the gentleman from Ari- need for legislators to prioritize spend- and the making sure that the products zona that I don’t know if it’s making ing, spending on projects that improve that are delivered to America are safe him feel any better about the 12-per- our constituents’ safety, health and for the people to consume. cent increase in the bill, which he ac- their livelihood. This institute will be With that, I urge a ‘‘no’’ vote on this curately notes, but approximately 7 working toward developing standards amendment and hope that the Congress percent of that—maybe a little more and guidelines for seafood safety as of the United States will recognize the than 7 percent of that is the increase in

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.002 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15486 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 17, 2009 Census, about $4 billion to prepare for ADJUSTMENT TO THE BUDGET AL- tend their remarks and include extra- the 2010 census. It’s an unusual in- LOCATIONS FOR THE HOUSE neous material:) crease, and it is directly related to the COMMITTEE ON APPROPRIA- Mr. SPRATT, for 5 minutes, today. census and would be a short-term fund- TIONS FOR EACH OF THE FISCAL (The following Members (at the re- ing increase for that. YEARS 2009 AND 2010 quest of Mr. FLAKE) to revise and ex- I yield back the balance of my time. The SPEAKER pro tempore. Under a tend their remarks and include extra- neous material:) The CHAIR. The question is on the previous order of the House, the gen- tleman from South Carolina (Mr. Mr. POE of Texas, for 5 minutes, June amendment offered by the gentleman 23 and 24. SPRATT) is recognized for 5 minutes. from Arizona (Mr. FLAKE). Mr. SPRATT. Mr. Speaker, under section Mr. JONES, for 5 minutes, June 23 and The question was taken; and the 423(a)(1) of S. Con. Res. 13, the concurrent 24. Chair announced that the noes ap- resolution on the budget for fiscal year 2010, Mr. MORAN of Kansas, for 5 minutes, June 23 and 24. peared to have it. I hereby submit for printing in the CONGRES- Mr. FLAKE. Mr. Chairman, I demand SIONAL RECORD an adjustment to the budget f a recorded vote. allocations for the Committee on Appropria- ADJOURNMENT tions for each of the fiscal years 2009 and The CHAIR. Pursuant to clause 6 of Mr. ALTMIRE. Mr. Speaker, I move 2010. Section 423(a)(1) of S. Con. Res. 13 rule XVIII, further proceedings on the that the House do now adjourn. permits the chairman of the Committee on the amendment offered by the gentleman The motion was agreed to; accord- Budget to adjust discretionary spending limits from Arizona will be postponed. ingly (at 11 o’clock and 59 minutes for overseas deployments and other activities Mr. OBEY. Mr. Chairman, I move to p.m.), the House adjourned until to- when these activities are so designated. Such morrow, Thursday, June 18, 2009, at 10 strike the last word. a designation is included in the bill H.R. 2892, a.m. The CHAIR. The gentleman from Making appropriations for the Department of f Wisconsin is recognized for 5 minutes. Homeland Security for the fiscal year ending September 30, 2010, and for other purposes. EXECUTIVE COMMUNICATIONS, Mr. OBEY. I just want to take this Corresponding tables are attached. ETC. occasion to express my sympathy to This adjustment is filed for the purposes of the gentleman on his loss this evening. Under clause 2 of rule XXIV, execu- section 302 of the Congressional Budget Act tive communications were taken from I’m not talking about anything that of 1974, as amended. For the purposes of the happened here on the floor, but I un- the Speaker’s table and referred as fol- Congressional Budget Act of 1974, as amend- lows: derstand he was a victim in a 15–10 ed, this adjusted allocation is to be considered drubbing of the Republicans in the con- as an allocation included in the budget resolu- 2245. A letter from the Congressional Re- view Coordinator, Department of Agri- gressional baseball game by the Demo- tion, pursuant to section 427(b) of S. Con. crats. And I understand that despite culture, transmitting the Department’s final Res. 13. rule — South American Cactus Moth; Quar- the fact that the gentleman hit a tri- antine and Regulations [Docket No.: APHIS- ple, alas it was in a losing cause. We DISCRETIONARY APPROPRIATIONS—APPROPRIATIONS 2006-0153] (RIN: 0579-AC25) received June 9, know how you feel. We’ve felt it many COMMITTEE 302(a) ALLOCATION 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the times in the last decade. [In millions of dollars] Committee on Agriculture. Mr. FLAKE. Will the gentleman 2246. A letter from the Director, Regu- BA OT latory Management Division, Environmental yield? Current allocation: Protection Agency, transmitting the Agen- Mr. OBEY. Yes. Fiscal Year 2009 ...... 1,482,201 1,247,872 cy’s final rule — Aspergillus flavus AF36 on Fiscal Year 2010 ...... 1,086,418 1,306,420 Pistachio; Extension of Temporary Exemp- Mr. FLAKE. I thank the gentleman Changes for overseas deployment and other activities designations: H.R. 2892 (Appro- tion from the Requirement of a Tolerance not at all for bringing that up. I had priations for Homeland Security): [EPA-HQ-OPP-2007-0158; FRL-8416-7] received hoped to improve my batting average Fiscal Year 2009 ...... 0 0 June 2, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); Fiscal Year 2010 ...... 242 194 by coming to the floor tonight, and it Revised allocation: to the Committee on Agriculture. doesn’t seem that I have. So I will have Fiscal Year 2009 ...... 1,482,201 1,247,872 2247. A letter from the Director, Regu- to settle for the one triple. Fiscal Year 2010 ...... 1,086,660 1,306,614 latory Management Division, Environmental Protection Agency, transmitting the Agen- f Mr. MOLLOHAN. Will the gentleman cy’s final rule — Triflumizole; Pesticide Tol- yield? LEAVE OF ABSENCE erances [EPA-HQ-OPP-2007-0312; FRL-8414-6] Mr. OBEY. Surely. By unanimous consent, leave of ab- received June 2, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- Mr. MOLLOHAN. I just wanted to sence was granted to: culture. tell the gentleman from Arizona that Mrs. BACHMANN (at the request of Mr. 2248. A letter from the Principal Deputy learning that makes us all feel, on this BOEHNER) for today and the balance of Director of Defense Research and Engineer- side of the aisle, better about waiting the week on account of the serious ill- ing, Department of Defense, transmitting for him tonight. ness of her stepmother. the Department’s annual report describing Mr. BONNER (at the request of Mr. the activities of the DPA Title III Fund, pur- Mr. OBEY. I yield back. BOEHNER) for June 16 until 4 p.m. on suant to 50 U.S.C. 2094(f)(3), section 304(f)(3); Mr. MOLLOHAN. Mr. Chairman, I account of attending events with Ala- to the Committee on Financial Services. move that the Committee do now rise. bama’s Governor and other elected 2249. A letter from the Chairman and Presi- dent, Export-Import Bank, transmitting a The motion was agreed to. leaders to recruit significant economic report on transactions involving U.S. exports development projects for the First Dis- to the Republic of Korea pursuant to Section Accordingly, the Committee rose; trict of Alabama. and the Speaker pro tempore (Mr. 2(b)(3) of the Export-Import Bank Act of 1945, Mr. YOUNG of Florida (at the request as amended; to the Committee on Financial OBEY) having assumed the chair, Mr. of Mr. BOEHNER) for today until 4 p.m. Services. ALTMIRE, Chair of the Committee of on account of illness in the family. 2250. A letter from the Secretary, Depart- the Whole House on the state of the ment of Health and Human Services, trans- f Union, reported that that Committee, mitting the Department’s Annual Report en- having had under consideration the bill SPECIAL ORDERS GRANTED titled, ‘‘Delays in Approvals of Applications (H.R. 2847) making appropriations for By unanimous consent, permission to Related to Citizen Petitions and Petitions the Departments of Commerce and Jus- address the House, following the legis- for Stay of Agency Action for Fiscal Year 2008’’, pursuant to 21 U.S.C. 355, section tice, and Science, and Related Agencies lative program and any special orders 505(q)(3); to the Committee on Energy and for the fiscal year ending September 30, heretofore entered, was granted to: Commerce. 2010, and for other purposes, had come (The following Members (at the re- 2251. A letter from the Deputy Assistant to no resolution thereon. quest of Mr. ALTMIRE) to revise and ex- Administrator/Office of Diversion Control,

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A letter from the Chief of Staff, Media ting the Department’s final rule — Safety Lacosamide into Schedule V [Docket No.: Bureau, Federal Communications Commis- Zone; Dutch Shoe Regatta; San Diego Har- DEA-325F] received June 9, 2009, pursuant to sion, transmitting the Commission’s final bor, San Diego, CA [Docket No.: USCG-2008- 5 U.S.C. 801(a)(1)(A); to the Committee on rule — In the Matter of Amendment of Sec- 1253] (RIN: 1625-AA00) received June 8, 2009, Energy and Commerce. tion 73.622(i), Final DTV Table of Allot- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2252. A letter from the Program Analyst, ments, Television Broadcast Stations. mittee on Transportation and Infrastruc- Department of Transportation, transmitting (Yuma, Arizona) [MB Docket No.: 08-163 RM- ture. the Department’s final rule — Federal Motor 11482] received June 9, 2009, pursuant to 5 2271. A letter from the Chief Counsel, De- Vehicle Safety Standards; Roof Crush Resist- U.S.C. 801(a)(1)(A); to the Committee on En- partment of the Treasury, transmitting the ance; Phase-In Reporting Requirements ergy and Commerce. Department’s final rule — Sale and Issue of [Docket No.: NHTSA-2009-0093] (RIN: 2127- 2261. A letter from the Chief of Staff, Media Marketable Book-Entry Treasury Bills, AG51) received June 8, 2009, pursuant to 5 Bureau, Federal Communications Commis- Notes, and Bonds [[Docket No.: BPD GSRS U.S.C. 801(a)(1)(A); to the Committee on En- sion, transmitting the Commission’s final 09-01] [Department of the Treasury Circular, ergy and Commerce. rule — In the Matter of Amendment of Sec- Public Debt Series No. 1-93]] received June 9, 2253. A letter from the Director, Regu- tion 73.622(i), Final DTV Table of Allot- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the latory Management Division, Environmental ments, Television Broadcast Stations. Committee on Ways and Means. Protection Agency, transmitting the Agen- (South Bend, Indiana) [MB Docket No.: 08-102 2272. A letter from the Chief, Publications cy’s final rule — Revisions to the California RM-11439] received June 9, 2009, pursuant to and Regulations, Internal Revenue Service, State Implementation Plan, San Diego Air 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting the Service’s final rule — Pollution Control District [EPA-R09-OAR- Energy and Commerce. Treatment of Certain Employer-Owned Life 2009-0314; FRL-8906-1] received June 2, 2009, 2262. A letter from the Chief of Staff, Media Insurance Contracts [Notice 2009-48] received pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Bureau, Federal Communications Commis- May 27, 2009, pursuant to 5 U.S.C. mittee on Energy and Commerce. sion, transmitting the Commission’s final 801(a)(1)(A); to the Committee on Ways and 2254. A letter from the Director, Regu- rule — In the Matter of Amendment of Sec- Means. latory Management Division, Environmental tion 73.622(i), Final DTV Table of Allot- 2273. A letter from the Chief, Publications Protection Agency, transmitting the Agen- ments, Television Broadcast Stations. (Buf- and Regulations, Internal Revenue Service, cy’s final rule — Approval and Promulgation falo, New York) [MB Docket No.: 09-46 RM- transmitting the Service’s final rule — Sec- of Air Quality Implementation Plans; Rhode 11524] received June 9, 2009, pursuant to 5 tion 51 — Work Opportunity Tax Credit [No- Island; Carbon Monoxide Limited Mainte- U.S.C. 801(a)(1)(A); to the Committee on En- tice 2009-28] received June 2, 2009, pursuant nance Plan for Providence, Rhode Island ergy and Commerce. to 5 U.S.C. 801(a)(1)(A); to the Committee on [EPA-R01-OAR-2008-0796; A-1-FRL-8785-6] re- 2263. A letter from the Deputy General Ways and Means. ceived June 3, 2009, pursuant to 5 U.S.C. Counsel, Federal Energy Regulatory Com- 2274. A letter from the Chief, Publications 801(a)(1)(A); to the Committee on Energy and mission, transmitting the Commission’s and Regulations, Internal Revenue Service, Commerce. final rule — Electric Reliability Organiza- transmitting the Service’s final rule — Infor- 2255. A letter from the Chief of Staff, Media tion Interpretations of Specific Require- mation Reporting for Lump-Sum Timber Bureau, Federal Communication Commis- ments of Frequency Response and Bias and Sales [TD 9450] (RIN: 1545-BE73) received sion, transmitting the Commission’s final Voltage and Reactive Control Reliability June 2, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); rule — In the Matter of Amendment of Sec- Standards [Docket No.: RM08-16-000] received to the Committee on Ways and Means. tion 73.202(b), Table of Allotments, FM June 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 2275. A letter from the Chief, Publications Broadcast Stations. (Nevada City and Min- to the Committee on Energy and Commerce. and Regulations Branch, Internal Revenue 2264. A letter from the General Counsel, eral, California) [MB Docket No.: 09-9 RM- Service, transmitting the Service’s final rule FERC, Federal Energy Regulatory Commis- 11511] received May 29, 2009, pursuant to 5 — Substantiating Business Use of Employer- sion, transmitting the Commission’s final U.S.C. 801(a)(1)(A); to the Committee on En- Provided Cell Phones [Notice 2009-46] re- rule — Western Electricity Coordinating ergy and Commerce. ceived June 2, 2009, pursuant to 5 U.S.C. Council Regional Reliability Standard Re- 2256. A letter from the Chief of Staff, Media 801(a)(1)(A); to the Committee on Ways and garding Automatic Time Error Correction Bureau, Federal Communications Commis- Means. [Docket No.: RM08-12-000; Order No.723] re- sion, transmitting the Commission’s final 2276. A letter from the Chief, Publications ceived May 26, 2009, pursuant to 5 U.S.C. rule — In the Matter of Amendment of Sec- and Regulations Branch, Internal Revenue 801(a)(1)(A); to the Committee on Energy and tion 73.202(b), Table of Allotments, FM Service, transmitting the Service’s final rule Commerce. Broadcast Stations. (Williston, South Caro- 2265. A letter from the Director, Office of — Tier I Issue — International Hybrid In- lina) [MB Docket No.: 08-201 RM-11478] re- Congressional Affairs, Nuclear Regulatory strument Transactions [LMSB Control No: ceived May 29, 2009, pursuant to 5 U.S.C. Commission, transmitting the Commission’s LMSB-4-0509-122 Impacted IRM 4.51.5] re- 801(a)(1)(A); to the Committee on Energy and final rule — List of Approved Spent Fuel ceived May 27, 2009, pursuant to 5 U.S.C. Commerce. Storage Casks: HI-STORM 100 Revision 6 801(a)(1)(A); to the Committee on Ways and 2257. A letter from the Chief of Staff, Media [NRC-2009-0132] (RIN: 3150-AI60) received Means. Bureau, Federal Communications Commis- June 2, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 2277. A letter from the Chief, Publications sion, transmitting the Commission’s final to the Committee on Energy and Commerce. and Regulations, Internal Revenue Service, rule — In the Matter of Amendment of Sec- 2266. A letter from the Assistant Director transmitting the Service’s final rule — Non- tion 73.202(b), Table of Allotments, FM for Policy, OFAC, Department of Treasury, business Energy Property [Notice 2009-53] re- Broadcast Stations. (Beatty and Goldfield, transmitting the Department’s final rule — ceived June 8, 2009, pursuant to 5 U.S.C. Nevada) [MB Docket No.: 08-68 RM-11421] re- Sudanese Sanctions Regulations — received 801(a)(1)(A); to the Committee on Ways and ceived May 29, 2009, pursuant to 5 U.S.C. June 9, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); Means. 801(a)(1)(A); to the Committee on Energy and to the Committee on Foreign Affairs. 2278. A letter from the Chief, Publications Commerce. 2267. A letter from the Chair, United States and Regulations Branch, Internal Revenue 2258. A letter from the Chief of Staff, Media Commission on International Freedom, Service, transmitting the Service’s final rule Bureau, Federal Communications Commis- transmitting the Commission’s 2009 Annual — Tier I Issue: I.R.C. Section 118 Abuse Di- sion, transmitting the Commission’s final Report documenting serious abuses of free- rective #7 — received June 10, 2009, pursuant rule — In the Matter of Amendment of Sec- dom of thought, conscience, religion, and be- to 5 U.S.C. 801(a)(1)(A); to the Committee on tion 73.622(i), Final DTV Table of Allot- lief around the world, pursuant to Public Ways and Means. ments, Television Broadcast Stations (Fort Law 107-228, section 202(a); to the Committee 2279. A letter from the Chief, Publications Wayne, Indiana) [MB Docket No.: 08-208 RM- on Foreign Affairs. and Regulations, Internal Revenue Service, 11495] received June 9, 2009, pursuant to 5 2268. A letter from the Shareholder, Con- transmitting the Service’s final rule — Guid- U.S.C. 801(a)(1)(A); to the Committee on En- gressional Medal of Honor Society, transmit- ance under Section 409A(a)(2)(A)(v) on cer- ergy and Commerce. ting the Society’s annual financial report for tain transactions pursuant to the Emergency 2259. A letter from the Chief of Staff, Media 2007, pursuant to 36 U.S.C. 1101; to the Com- Economic Stabilization Act of 2008 [Notice Bureau, Federal Communications Commis- mittee on the Judiciary. 2009-49] received June 8, 2009, pursuant to 5 sion, transmitting the Commission’s final 2269. A letter from the National Chairman U.S.C. 801(a)(1)(A); to the Committee on rule — In the Matter of Amendment of Sec- Naval Sea Cadet Corps, U.S. Naval Sea Cadet Ways and Means. tion 73.622(i), Final DTV Table of Allot- Corps, transmitting the Corp’s 2008 Annual 2280. A letter from the Chief, Publications ments, Television Broadcast Stations Audit along with the 2008 Annual Report, and Regulations Branch, Internal Revenue (Williston, North Dakota) [MB Docket No.: pursuant to Public Law 87-655; to the Com- Service, transmitting the Service’s final rule 08-140 RM-11470] received June 9, 2009, pursu- mittee on the Judiciary. — Tier I Issue: Section 118 Abuse Directive

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#8 [LMSB Control No.: LMSB-PQ-0509-130 Ways and Means, and in addition to the Com- HILL, Mr. WELCH, Mr. SPRATT, Mr. Impacted IRM 4.51.5] received June 8, 2009, mittee on Oversight and Government Re- ALTMIRE, Mr. ANDREWS, Mr. ARCURI, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- form, for a period to be subsequently deter- Mr. BACA, Mr. BAIRD, Mr. BARROW, mittee on Ways and Means. mined by the Speaker, in each case for con- Ms. BEAN, Mr. BERRY, Mr. BISHOP of 2281. A letter from the Chief, Publications sideration of such provisions as fall within Georgia, Mr. BISHOP of New York, and Regulations, Internal Revenue Service, the jurisdiction of the committee concerned. Mr. BLUMENAUER, Mr. BOCCIERI, Mr. transmitting the Service’s final rule — Cox By Mr. KIND (for himself, Ms. BOREN, Mr. BOSWELL, Mr. BOYD, Mr. v. Commissioner, 514 F.3d 1119 (10th Cir. SCHWARTZ, Mr. REICHERT, and Mr. BRADY of Pennsylvania, Mr. BRALEY 2008), rev’g 126 T.C. 237 (2006). [IRB No.: 2009- HERGER): of Iowa, Mr. BRIGHT, Mr. 22] received June 8, 2009, pursuant to 5 U.S.C. H.R. 2910. A bill to amend the Internal Rev- BUTTERFIELD, Mrs. CAPPS, Mr. CAR- 801(a)(1)(A); to the Committee on Ways and enue Code of 1986 to provide for S corpora- DOZA, Mr. CARNAHAN, Mr. CARNEY, Means. tion reform, and for other purposes; to the Ms. CASTOR of Florida, Mr. CHAN- 2282. A letter from the Secretary, Federal Committee on Ways and Means. DLER, Mr. CHILDERS, Mr. CLYBURN, Trade Commission, transmitting the Com- By Mr. BLUMENAUER (for himself, Mr. CONNOLLY of Virginia, Mr. COO- mission’s eighth annual report concerning Ms. BALDWIN, Mr. LEVIN, and Mr. PER, Mr. COSTA, Mr. COURTNEY, Mr. fraud by businesses or individuals that mar- PASCRELL): CROWLEY, Mr. CUELLAR, Mrs. DAHL- ket advice or assistance to students and par- H.R. 2911. A bill to improve end-of-life care; KEMPER, Mr. DAVIS of Alabama, Mr. ents who may be seeking financial aid for to the Committee on Energy and Commerce, DAVIS of Tennessee, Mrs. DAVIS of higher education; jointly to the Committees and in addition to the Committees on Ways California, Ms. DEGETTE, Ms. on Education and Labor and the Judiciary. and Means, and the Judiciary, for a period to DELAURO, Mr. DONNELLY of Indiana, 2283. A letter from the Inspector General, be subsequently determined by the Speaker, Mr. DRIEHAUS, Mr. EDWARDS of Texas, Special Inspector General For Iraq Recon- in each case for consideration of such provi- Mr. ELLSWORTH, Ms. ESHOO, Mr. struction, transmitting the Special Inspector sions as fall within the jurisdiction of the ETHERIDGE, Mr. FATTAH, Mr. FOSTER, General for Iraq Reconstruction (SIGIR) committee concerned. Ms. FUDGE, Ms. GIFFORDS, Mr. GON- April 2009 Quarterly Report, pursuant to By Ms. ROS-LEHTINEN (for herself, ZALEZ, Mr. GORDON of Tennessee, Mr. Public Law 108-106, section 3001; jointly to Mr. MARIO DIAZ-BALART of Florida, GENE GREEN of Texas, Mr. GRIFFITH, the Committees on Foreign Affairs and Ap- Mr. LINCOLN DIAZ-BALART of Florida, Mr. GUTIERREZ, Mrs. HALVORSON, Mr. propriations. Ms. CORRINE BROWN of Florida, and HARE, Ms. HARMAN, Mr. HASTINGS of 2284. A letter from the Office Manager, De- Ms. WASSERMAN SCHULTZ): Florida, Mr. HEINRICH, Ms. HERSETH partment of Health and Human Services, H.R. 2912. A bill to authorize and request SANDLIN, Mr. HIGGINS, Mr. HIMES, Mr. transmitting the Department’s final rule — the President to award the Congressional HODES, Mr. HOLDEN, Mr. INSLEE, Mr. Medicare Program; Revisions to FY 2009 Medal of Honor posthumously to Captain JOHNSON of Georgia, Mr. KAGEN, Mr. Medicare Severity-Long-term Care Diag- Felix Sosa-Camejo for his gallant and heroic KANJORSKI, Ms. KILROY, Mrs. KIRK- nosis-Related Group (MS-LTC-DRG) Weights actions during the Vietnam War, ending with PATRICK of Arizona, Mr. KISSELL, Mr. [CMS-1337-IFC] (RIN: 0938-AP76) received his death in combat on February 13, 1968; to KLEIN of Florida, Ms. KOSMAS, Mr. June 3, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); the Committee on Armed Services. KRATOVIL, Mr. LANGEVIN, Mr. LARSEN jointly to the Committees on Ways and By Ms. ROS-LEHTINEN (for herself, of Washington, Mr. LARSON of Con- Means and Energy and Commerce. Ms. WASSERMAN SCHULTZ, Mr. MACK, necticut, Mr. LIPINSKI, Mr. LOEBSACK, Mr. ROONEY, Ms. CORRINE BROWN of Mr. LUJA´ N, Mr. LYNCH, Mr. MAFFEI, f Florida, Ms. GINNY BROWN-WAITE of Mrs. MALONEY, Ms. MARKEY of Colo- REPORTS OF COMMITTEES ON Florida, Mr. MEEK of Florida, Mr. rado, Mr. MARSHALL, Mr. MASSA, Mr. PUBLIC BILLS AND RESOLUTIONS HASTINGS of Florida, and Mr. MARIO MATHESON, Ms. MATSUI, Ms. MCCOL- DIAZ-BALART of Florida): LUM, Mr. MCGOVERN, Mr. MCINTYRE, Under clause 2 of rule XIII, reports of H.R. 2913. A bill to designate the United Mr. MCMAHON, Mr. MCNERNEY, Mr. committees were delivered to the Clerk States courthouse located at 301 Simonton MELANCON, Mr. MINNICK, Mr. MOORE for printing and reference to the proper Street in Key West, Florida, as the ‘‘Sidney of Kansas, Mr. MORAN of Virginia, calendar, as follows: M. Aronovitz United States Courthouse’’; to Mr. PATRICK J. MURPHY of Pennsyl- the Committee on Transportation and Infra- vania, Mr. MURPHY of New York, Mr. Mr. CONYERS: Committee on the Judici- structure. NYE, Mr. PASCRELL, Ms. PELOSI, Mr. ary. House Resolution 520. Resolution im- By Mr. CHAFFETZ: PERLMUTTER, Mr. PERRIELLO, Mr. peaching Samuel B. Kent, judge of the H.R. 2914. A bill to amend the Food, Con- PETERS, Mr. PETERSON, Mr. United States District Court for the South- servation, and Energy Act of 2008 to termi- PIERLUISI, Mr. POMEROY, Mr. PRICE of ern District of Texas, for high crimes and nate marketing assistance loans and loan de- North Carolina, Mr. QUIGLEY, Mr. misdemeanors (Rept. 111–159). Referred to ficiency payments for mohair producers; to REYES, Mr. RODRIGUEZ, Mr. ROSS, Mr. the House Calendar. the Committee on Agriculture. RUPPERSBERGER, Mr. RYAN of Ohio, Ms. WASSERMAN SCHULTZ: Committee By Mr. CHAFFETZ: Mr. SABLAN, Mr. SALAZAR, Ms. LINDA on Appropriations. H.R. 2918. A bill making H.R. 2915. A bill to prohibit United States T. SA´ NCHEZ of California, Ms. LORET- appropriations for the Legislative Branch for contributions to the International Fund for TA SANCHEZ of California, Mr. SAR- the fiscal year ending September 30, 2010, and Ireland; to the Committee on Foreign Af- BANES, Mr. SCHAUER, Mr. SCHIFF, Mr. for other purposes (Rept. 111–160). Referred fairs. SCHRADER, Ms. SCHWARTZ, Mr. SCOTT to the Committee of the Whole House on the By Mr. CHAFFETZ: of Georgia, Mr. SCOTT of Virginia, State of the Union. H.R. 2916. A bill to provide that no recre- Mr. SESTAK, Ms. SHEA-PORTER, Mr. f ation grants made using funds from the Land SHERMAN, Mr. SHULER, Mr. SIRES, Mr. and Water Conservation Fund may be used PUBLIC BILLS AND RESOLUTIONS SKELTON, Ms. SLAUGHTER, Mr. SMITH to acquire land or make improvements in of Washington, Mr. SPACE, Ms. Under clause 2 of rule XII, public State or local parks; to the Committee on SPEIER, Mr. STUPAK, Mr. TANNER, bills and resolutions of the following Natural Resources. Mrs. TAUSCHER, Mr. TEAGUE, Mr. titles were introduced and severally re- By Mr. LIPINSKI: THOMPSON of California, Ms. TITUS, H.R. 2917. A bill to amend the Internal Rev- ferred, as follows: Ms. TSONGAS, Mr. VAN HOLLEN, Mr. enue Code of 1986 to deny any deduction for WALZ, Ms. WASSERMAN SCHULTZ, Mr. By Mr. MARKEY of Massachusetts (for advertising prescription drugs; to the Com- WAXMAN, Mr. WEXLER, Mr. WILSON of himself, Mr. VAN HOLLEN, and Mr. mittee on Ways and Means. Ohio, Mr. WU, Mr. TONKO, and Mr. WELCH): By Mr. BLUMENAUER: VISCLOSKY): H.R. 2908. A bill to provide for the sale of H.R. 2919. A bill to amend part B of title H.R. 2920. A bill to reinstitute and update light grade petroleum from the Strategic Pe- XVIII of the Social Security Act to provide the Pay-As-You-Go requirement of budget troleum Reserve and its replacement with Medicare physician incentive payments for neutrality on new tax and mandatory spend- heavy grade petroleum; to the Committee on efficient areas; to the Committee on Energy ing legislation, enforced by the threat of an- Energy and Commerce. and Commerce, and in addition to the Com- nual, automatic sequestration; to the Com- By Mr. MCDERMOTT: mittee on Ways and Means, for a period to be mittee on the Budget. H.R. 2909. A bill to amend title XI of the subsequently determined by the Speaker, in By Mr. BLUMENAUER: Social Security Act to provide for an im- each case for consideration of such provi- H.R. 2921. A bill to amend title XVIII of the proved method to measure poverty so as to sions as fall within the jurisdiction of the Social Security Act to provide for an annual enable a better assessment of the effects of committee concerned. review by the Medicare Payment Advisory programs under the Social Security Act, and By Mr. HOYER (for himself, Mr. Commission on geographic access to serv- for other purposes; to the Committee on GEORGE MILLER of California, Mr. ices; to the Committee on Ways and Means,

VerDate Mar 15 2010 10:41 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR09\H17JN9.002 H17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15489 and in addition to the Committee on Energy a National Health Workforce Advisory Board H. Res. 554. A resolution amending the and Commerce, for a period to be subse- and the provision of workforce data and Rules of the House of Representatives to re- quently determined by the Speaker, in each analysis; to the Committee on Energy and quire that legislation and conference reports case for consideration of such provisions as Commerce. be available on the Internet for 72 hours be- fall within the jurisdiction of the committee By Mr. SARBANES (for himself and fore consideration by the House, and for concerned. Mr. BRALEY of Iowa): other purposes; to the Committee on Rules. By Mr. FLAKE: H.R. 2930. A bill to enhance the primary By Mr. SCHIFF: H.R. 2922. A bill to establish a downpay- care workforce through modifications to the H. Res. 555. A resolution expressing con- ment requirement for Rural Housing Service medical residency training programs and use cern for the well-being of journalists Laura direct and guaranteed single-family home of qualified teaching health centers and Ling and Euna Lee and urging the Govern- loan programs, to repeal the downpayment through State primary care scholarship and ment of the Democratic People’s Republic of assistance initiative under subtitle E of title loan repayment programs; to the Committee Korea to release them on humanitarian II of the Cranston-Gonzalez National Afford- on Energy and Commerce, and in addition to grounds; to the Committee on Foreign Af- able Housing Act, and to prohibit use of the Committee on Ways and Means, for a pe- fairs. amounts provided under certain other pro- riod to be subsequently determined by the By Mr. HIMES (for himself, Mr. LAR- grams for downpayment assistance; to the Speaker, in each case for consideration of SON of Connecticut, and Mr. KAN- Committee on Financial Services. such provisions as fall within the jurisdic- JORSKI): By Mr. GORDON of Tennessee (for him- tion of the committee concerned. H. Res. 556. A resolution recognizing the self, Mr. SENSENBRENNER, Ms. By Mr. TEAGUE (for himself and Mr. 75th anniversary of the passage of the Fed- BORDALLO, Mr. CARNAHAN, Mr. CAR- MURPHY of New York): eral Credit Union Act and the vibrant Fed- H.R. 2931. A bill to direct the Secretary of NEY, Mr. WAMP, Mr. MATHESON, Mr. eral credit union community that was cre- Defense to adopt a program of professional CHANDLER, Mr. DAVIS of Tennessee, ated as a result of this important piece of and confidential screenings for members of and Mr. DONNELLY of Indiana): legislation; to the Committee on Financial H.R. 2923. A bill to enhance the ability to the armed forces on active duty to detect Services. mental health conditions for the purpose of combat methamphetamine; to the Com- f mittee on Energy and Commerce, and in ad- reducing the incidence of suicide among such members and veterans, and to detect trau- dition to the Committee on the Judiciary, ADDITIONAL SPONSORS matic brain injuries, and for other purposes; for a period to be subsequently determined to the Committee on Armed Services, and in Under clause 7 of rule XII, sponsors by the Speaker, in each case for consider- addition to the Committee on Veterans’ Af- ation of such provisions as fall within the ju- were added to public bills and resolu- fairs, for a period to be subsequently deter- risdiction of the committee concerned. tions as follows: mined by the Speaker, in each case for con- By Mr. HASTINGS of Florida (for him- H.R. 22: Mr. LEVIN. sideration of such provisions as fall within self, Mr. PAYNE, and Mr. KUCINICH): H.R. 213: Mr. MORAN of Kansas. the jurisdiction of the committee concerned. H.R. 2924. A bill to establish a commission H.R. 327: Mrs. CHRISTENSEN. By Mr. CLEAVER (for himself, Mr. to study the culture and glorification of vio- H.R. 450: Mr. HUNTER, Mr. THOMPSON of CLAY, and Mr. GRAVES): lence in America; to the Committee on the H. Con. Res. 155. Concurrent resolution Pennsylvania, and Mr. POSEY. Judiciary. supporting the goals and ideals of ‘‘Com- H.R. 460: Mr. PRICE of North Carolina. By Mr. HOEKSTRA (for himself, Mr. plaint Free Wednesday’’; to the Committee H.R. 468: Ms. CLARKE. EHLERS, Mr. HELLER, and Mr. BAR- on Oversight and Government Reform. H.R. 571: Mr. YARMUTH and Mr. FRANK of RETT of South Carolina): By Ms. ROS-LEHTINEN (for herself, Massachusetts. H.R. 2925. A bill to amend the Public Mr. SHERMAN, Mr. BURTON of Indiana, H.R. 621: Mr. GOODLATTE, Mr. HONDA, Mr. Health Service Act to provide for community Mr. INGLIS, Mr. MCCAUL, Mr. POE of CAMPBELL, Mr. LATHAM, Mr. HOLDEN, Mr. projects that will reduce the number of indi- Texas, Mr. MANZULLO, Mr. MACK, Mr. WALZ, Mr. COSTA, Mr. KENNEDY, Mr. HALL of viduals who are uninsured with respect to BILIRAKIS, Mr. WILSON of South Caro- Texas, and Mr. JOHNSON of Illinois. health care, and for other purposes; to the lina, Mr. KLEIN of Florida, Ms. BERK- H.R. 634: Mr. POSEY. Committee on Energy and Commerce. LEY, Ms. HARMAN, Mrs. MALONEY, Mr. H.R. 636: Mr. MORAN of Kansas. By Mr. NYE (for himself and Ms. ROS- ROTHMAN of New Jersey, Mr. WEXLER, H.R. 667: Mr. RODRIGUEZ and Mrs. KIRK- LEHTINEN): Mr. MCGOVERN, and Mr. ENGEL): PATRICK of Arizona. H.R. 2926. A bill to amend title 38, United H. Con. Res. 156. Concurrent resolution H.R. 690: Mr. CONNOLLY of Virginia, Mr. States Code, to direct the Secretary of Vet- condemning the attack on the AMIA Jewish LAMBORN, Mr. GOHMERT, Mr. CONAWAY, Mr. erans Affairs to provide, without expiration, Community Center in Buenos Aires, Argen- BONNER, Mr. FRANKS of Arizona, Mr. OLSON, hospital care, medical services, and nursing tina, in July 1994, and for other purposes; to Mr. GINGREY of Georgia, Mr. KING of Iowa, home care for certain Vietnam-era veterans the Committee on Foreign Affairs. Mr. BISHOP of Utah, Mr. FLEMING, Mr. PAUL- exposed to herbicide and veterans of the Per- By Mr. LATTA (for himself, Mr. KLEIN SEN, Mr. BROUN of Georgia, Ms. FALLIN, Mr. sian Gulf War; to the Committee on Vet- of Florida, Mr. KENNEDY, Ms. FUDGE, JORDAN of Ohio, Mr. SHADEGG, Mr. HEN- erans’ Affairs. Mr. ROONEY, Mr. MCINTYRE, Mr. SES- SARLING, Mr. BARTLETT, Mr. PITTS, Mr. TUR- By Mr. PASCRELL (for himself, Mr. TAK, Ms. KAPTUR, Mr. YOUNG of Alas- NER, Mr. TIAHRT, and Mr. DANIEL E. LUNGREN JONES, Mr. MICHAUD, Ms. KAPTUR, ka, Mr. MEEK of Florida, Mr. ARCURI, of California. Mr. ROTHMAN of New Jersey, Mr. and Mr. LIPINSKI): H.R. 877: Mr. MORAN of Kansas. BARRETT of South Carolina, Mr. H. Con. Res. 157. Concurrent resolution ex- H.R. 1020: Mr. SPACE, Mr. DICKS, Mr. WAX- WESTMORELAND, and Ms. SUTTON): pressing the support of the Congress for a MAN, Mr. SARBANES, Mr. LANGEVIN, Mr. H.R. 2927. A bill to authorize the imposi- National Senior Citizens Day; to the Com- DOYLE, Mr. GENE GREEN of Texas, Ms. tion of a tax on imports from any country mittee on Oversight and Government Re- DEGETTE, Mr. BACA, Mr. DAVIS of Illinois, that employs indirect taxes and grants re- form. and Mr. PAYNE. bates of the same upon export and to author- By Ms. WATERS (for herself, Mr. H.R. 1064: Mr. PERLMUTTER, Ms. KILROY, ize compensatory payments to eligible GUTIERREZ, Mr. CLAY, Mr. AL GREEN Ms. ESHOO, Mr. KAGEN, Mr. HILL, and Mr. United States exporters to neutralize the of Texas, Mr. ELLISON, and Mr. GRAY- DOGGETT. discriminatory effect of such taxes paid by SON): H.R. 1080: Ms. PINGREE of Maine. such exporters if United States trade negoti- H. Res. 553. A resolution expressing the H.R. 1128: Mr. MASSA. ating objectives regarding border tax treat- sense of the House of Representatives that H.R. 1129: Mr. SHULER. ment in World Trade Organization negotia- the Secretary of the Treasury and the Chair- H.R. 1177: Mr. CLAY. tions are not met; to the Committee on Ways man of the Board of Governors of the Federal H.R. 1191: Mr. STARK. and Means. Reserve System should protect and enhance H.R. 1203: Mr. MITCHELL. By Mr. PERRIELLO: consumer and business access to credit by H.R. 1207: Ms. KOSMAS and Ms. SLAUGHTER. H.R. 2928. A bill to amend title 38, United utilizing the provisions of the Federal Re- H.R. 1249: Mr. ELLISON. State Code, to provide for an apprenticeship serve Act and the Emergency Economic Sta- H.R. 1255: Mr. CASSIDY, Mr. GARY G. MIL- and on-job training program under the Post- bilization Act of 2008, and reserving access to LER of California, and Mr. GUTHRIE. 9/11 Veterans Educational Assistance Pro- liquidity programs for those financial insti- H.R. 1327: Mr. FRANKS of Arizona, Mr. gram; to the Committee on Veterans’ Af- tutions that have maintained or increased SCHAUER, and Mr. CULBERSON. fairs. lending activities since the height of our H.R. 1330: Ms. KILPATRICK of Michigan. By Mr. SARBANES (for himself and economic crisis in October 2008; to the Com- H.R. 1339: Mr. KING of New York, Mr. HOL- Mr. BRALEY of Iowa): mittee on Financial Services. DEN, Mr. DOYLE, Mr. GONZALEZ, Mr. GUTIER- H.R. 2929. A bill to enhance the primary By Mr. BAIRD (for himself and Mr. REZ, Mr. LIPINSKI, and Mr. JACKSON of Illi- care workforce through the establishment of CULBERSON): nois.

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H.R. 1361: Mr. STARK. H.R. 2287: Mr. POSEY. H.J. Res. 42: Mr. POSEY. H.R. 1402: Mr. ELLSWORTH, Mr. PIERLUISI, H.R. 2296: Mr. ALTMIRE and Mr. BILBRAY. H. Con. Res. 2: Mr. MASSA. Mr. ROSS, Mr. SARBANES, and Ms. KILPATRICK H.R. 2304: Mr. LUCAS, Mr. BARTON of Texas, H. Con. Res. 20: Mr. POE of Texas and Mr. of Michigan. and Ms. GIFFORDS. FALEOMAVAEGA. H.R. 1457: Mr. KENNEDY. H.R. 2329: Mr. PRICE of North Carolina and H. Con. Res. 144: Ms. BALDWIN, Mr. LOBI- H.R. 1458: Mr. PETERS, Mr. GARRETT of New Mr. SCOTT of Virginia. ONDO, Mr. BOUCHER, Mr. RODRIGUEZ, Mr. CAR- Jersey, Mr. PAYNE, and Mr. VAN HOLLEN. H.R. 2338: Mr. LAMBORN. SON of Indiana, Ms. MARKEY of Colorado, Mr. H.R. 1466: Mr. JACKSON of Illinois. H.R. 2339: Mr. HINCHEY, Mr. ANDREWS, Mr. FRANK of Massachusetts, Mr. BISHOP of Geor- H.R. 1470: Mr. TERRY. HOLT, Ms. WATSON, Mr. ELLISON, Mr. SCOTT gia, Mr. MATHESON, Mr. WELCH, Mr. LAN- H.R. 1476: Mr. NADLER of New York and of Virginia, Ms. HIRONO, and Mr. HINOJOSA. GEVIN, Mr. YOUNG of Alaska, Mr. FILNER, Mr. Mrs. MALONEY. H.R. 2360: Mrs. DAHLKEMPER. GRIJALVA, and Mr. BRADY of Pennsylvania. H.R. 1479: Mr. BLUMENAUER. H.R. 2365: Mr. ISRAEL and Mr. BERMAN. H. Con. Res. 154: Mr. MORAN of Virginia, H.R. 1499: Mr. WATT. H.R. 2377: Ms. KILPATRICK of Michigan. Mr. GUTIERREZ, Mr. KLEIN of Florida, Ms. H.R. 1503: Mr. CAMPBELL. H.R. 2425: Mr. YOUNG of Alaska, Mr. TERRY, BERKLEY, Mr. BISHOP of Georgia, Ms. H.R. 1505: Mr. WILSON of Ohio and Mr. and Mr. MOORE of Kansas. CLARKE, Mrs. CHRISTENSEN, Mr. FATTAH, Ms. TIBERI. H.R. 2427: Mr. HALL of New York. CORRINE BROWN of Florida, Ms. LEE of Cali- H.R. 1552: Mr. HONDA and Mr. BOUCHER. H.R. 2443: Mr. TONKO. fornia, Mr. RANGEL, and Mrs. MCCARTHY of H.R. 1569: Mr. CUMMINGS and Mr. KUCINICH. H.R. 2452: Mr. PUTNAM, Mr. REICHERT, and New York. H.R. 1584: Mr. STEARNS. Mr. MCCARTHY of California. H. Res. 69: Ms. KILPATRICK of Michigan, Ms. AVIS H.R. 1585: Mr. D of Illinois. H.R. 2456: Mr. COURTNEY. BALDWIN, Mr. KIRK, and Ms. VELA´ ZQUEZ. H.R. 1612: Mr. BISHOP of Georgia, Mrs. H.R. 2459: Mr. SMITH of New Jersey. H. Res. 209: Mr. SCALISE, Ms. MATSUI, and NAPOLITANO, Mr. GUTIERREZ, Mr. KUCINICH, H.R. 2474: Ms. HARMAN. Ms. LINDA T. SA´ NCHEZ of California. and Mr. BACA. H.R. 2497: Mrs. MALONEY, Mr. CARNAHAN, H. Res. 266: Mr. QUIGLEY. H.R. 1646: Ms. GINNY BROWN-WAITE of Flor- Mr. HIGGINS, and Mr. LIPINSKI. H. Res. 334: Mr. CAO. ida. H.R. 2499: Mr. MCCARTHY of California, Mr. H. Res. 350: Mr. LIPINSKI. H.R. 1670: Ms. WATERS. NUNES, Mr. DRIEHAUS, and Ms. CASTOR of H. Res. 395: Mr. WEXLER. H.R. 1685: Ms. WOOLSEY. Florida. ALL H.R. 1700: Ms. DEGETTE, Ms. LEE of Cali- H.R. 2516: Ms. JENKINS. H. Res. 461: Mr. H of New York. fornia, Ms. TITUS, and Mr. CAO. H.R. 2517: Mr. HARE, Ms. SCHWARTZ, and H. Res. 507: Mr. ALTMIRE, Mr. COSTA, Mr. H.R. 1705: Mr. PETERS, Mr. PASTOR of Ari- Mr. BLUMENAUER. MINNICK, and Mr. SIMPSON. zona, and Mr. LYNCH. H.R. 2525: Mr. KING of Iowa and Mr. H. Res. 518: Mr. THOMPSON of California. H.R. 1708: Mr. YOUNG of Alaska. LATHAM. H. Res. 519: Mr. SIRES, Mr. ELLISON, Mr. H.R. 1710: Mr. EHLERS. H.R. 2553: Ms. JENKINS. WILSON of South Carolina, Mr. MACK, Mr. H.R. 1718: Mr. LEWIS of Georgia. H.R. 2554: Mr. MCMAHON. KILDEE, and Mr. LATTA. H.R. 1744: Mr. LINCOLN DIAZ-BALART of H.R. 2560: Mrs. MALONEY and Mr. WELCH. H. Res. 524: Mr. MCCOTTER. Florida, Mr. HINOJOSA, Mr. LINDER, and Mr. H.R. 2562: Mr. SIRES. H. Res. 534: Ms. BORDALLO, Mr. HINOJOSA, DEAL of Georgia. H.R. 2578: Mr. LEWIS of Georgia. Ms. EDDIE BERNICE JOHNSON of Texas, Mr. H.R. 1799: Mr. TONKO and Mr. CARTER. H.R. 2606: Mr. BISHOP of New York. LOBIONDO, and Mr. SMITH of Washington. H.R. 1869: Mr. SMITH of Washington. H.R. 2617: Mr. PRICE of North Carolina. H. Res. 538: Mr. COHEN, Mr. VAN HOLLEN, H.R. 1880: Mr. COOPER and Mrs. HALVORSON. H.R. 2648: Mr. RUSH and Ms. EDDIE BERNICE Mr. BAIRD, Ms. WOOLSEY, Ms. WATERS, Mrs. H.R. 1881: Mr. BOSWELL and Mr. LIPINSKI. JOHNSON of Texas. LOWEY, Mr. ABERCROMBIE, Mr. SHERMAN, Mr. H.R. 1894: Mr. CONNOLLY of Virginia and H.R. 2655: Mr. ROONEY. PRICE of North Carolina, Mr. FARR, Ms. GIF- Mr. KLEIN of Florida. H.R. 2679: Mr. LEE of New York. FORDS, Ms. SLAUGHTER, Ms. DELAURO, Mr. H.R. 1934: Mr. BISHOP of New York. H.R. 2681: Ms. NORTON. LATOURETTE, Mr. ELLISON, Mr. MEEKS of H.R. 1970: Mr. LOBIONDO, Mr. KLEIN of Flor- H.R. 2691: Mr. CARSON of Indiana, Mr. GRI- New York, Mr. CARNEY, Mr. HONDA, Mr. BLU- ida, and Mr. MCMAHON. JALVA, Mr. DAVIS of Illinois, Mrs. MALONEY, MENAUER, Mr. SNYDER, Ms. WATSON, Mr. H.R. 1990: Ms. GIFFORDS. Ms. BALDWIN, and Mr. MCMAHON. COSTA, Mr. SCOTT of Georgia, Mr. HINOJOSA, H.R. 1993: Mr. KAGEN. H.R. 2693: Ms. EDDIE BERNICE JOHNSON of Mr. DELAHUNT, Ms. KAPTUR, Mr. CLYBURN, H.R. 2057: Mr. COHEN, Ms. JACKSON-LEE of Texas and Mr. LUJA´ N. Mr. FRANK of Massachusetts, Mr. KILDEE, Texas, and Mr. LEWIS of Georgia. H.R. 2724: Mrs. CHRISTENSEN. Mr. PALLONE, Mr. DAVIS of Tennessee, Ms. H.R. 2062: Mr. BERMAN. H.R. 2730: Mr. COHEN and Mr. SESTAK. SHEA-PORTER, Ms. SUTTON, Mr. MICHAUD, Mr. H.R. 2076: Mrs. NAPOLITANO. H.R. 2752: Mr. CAMPBELL and Mr. KLINE of LARSEN of Washington, Mr. BISHOP of New H.R. 2089: Mr. KLEIN of Florida, Mr. FIL- Minnesota. York, Ms. KILROY, Mrs. CAPPS, and Ms. NER, and Mr. HONDA. H.R. 2756: Mr. YOUNG of Alaska. WASSERMAN SCHULTZ. H.R. 2119: Mr. PENCE. H.R. 2766: Mr. MCHUGH. H. Res. 543: Ms. EDWARDS of Maryland, Ms. H.R. 2132: Ms. MATSUI. H.R. 2817: Mr. BISHOP of Georgia, Ms. PINGREE of Maine, Mr. COURTNEY, Ms. LORET- H.R. 2144: Mr. NEUGEBAUER. WOOLSEY, Ms. EDDIE BERNICE JOHNSON of TA SANCHEZ of California, Mr. SNYDER, Mr. H.R. 2148: Mr. ISRAEL. Texas, and Mr. KILDEE. MCDERMOTT, Ms. WOOLSEY, Mr. COSTELLO, H.R. 2194: Mr. FRANKS of Arizona, Mr. H.R. 2828: Mr. ROE of Tennessee, Mr. COLE, Mr. SHERMAN, Mrs. LOWEY, Mrs. NAPOLITANO, SCHAUER, Mr. BONNER, Mr. DRIEHAUS, Mr. and Mr. KINGSTON. Mr. CARNEY, Ms. LEE of California, Mr. SALA- SESSIONS, Mr. STEARNS, and Mrs. BIGGERT. H.R. 2833: Ms. EDWARDS of Maryland. ZAR, Mr. HONDA, Mr. SHULER, Mr. INSLEE, Ms. H.R. 2203: Mr. ROHRABACHER, Mrs. BLACK- H.R. 2846: Mr. MCCOTTER and Mr. SIMPSON. DEGETTE, Mr. CLYBURN, Mr. BUTTERFIELD, BURN, Mr. RADANOVICH, Mr. CARNEY, Mr. H.R. 2881: Mr. YOUNG of Alaska. Mr. WATT, Mr. WELCH, Mr. PASCRELL, Mr. GORDON of Tennessee, and Ms. CLARKE. H.J. Res. 1: Mr. GRIFFITH. SHIMKUS, Mr. STUPAK, and Mr. DOYLE.

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EARMARK DECLARATION Account: COPS—Law Enforcement Tech- country has been fortunate to have dynamic nology and dedicated leaders who willingly and un- HON. MICHAEL N. CASTLE Legal Name of Requesting Entity: ‘‘State of selfishly give their time and talent to keep this OF DELAWARE Delaware—Delaware Capitol Police’’ country free and safe. United States Marine IN THE HOUSE OF REPRESENTATIVES Address of Requesting Entity: 150 William Colonel James B. Seaton III is one of these Penn Street, Dover, DE 19901 individuals. On June 25, 2009, a ceremony will Tuesday, June 16, 2009 Description of Request: $130,000 to be be held on the occasion of his relinquishing Mr. CASTLE. Madam Speaker, pursuant to used to upgrade surveillance and purchase a command of Marine Corps Base Camp Pen- the House Republican standards on earmarks, system to coordinate dispatch operations with- dleton as he leaves to assume the prestigious I am submitting the following information re- in the Capitol Police Command Center of the posting as Director of Commander’s Initiative garding funding for Delaware included as part New Castle County Courthouse to protect the Group under General David Petraeus. of FY 2009 Omnibus Appropriations Act, H.R. 1 million people per year that pass through the Col. Seaton received his master’s degree in 2847: courthouse. political science from Duke University and Name of Project: Delaware River Enhanced Name of Project: Functional Family Therapy later earned a Master of Strategic Science Flood Warning System for At-Risk Youth from the U.S. Army War College. Serving in Requesting Member: Congressman MICHAEL Requesting Member: Congressman MICHAEL many capacities over the years, Col. Seaton N. CASTLE N. CASTLE provided support for our country in places Bill Number: H.R. 2847 Bill Number: H.R. 2847 such as Grenada, Beirut, Japan, Southeast Account: NOAA—National Weather Service Account: OJP—Juvenile Justice Asia, the Western Pacific and the Indian Operations, Research and Facilities Legal Name of Requesting Entity: ‘‘Children Ocean. In 2001, he reported to the 1st Marine Legal Name of Requesting Entity: ‘‘Dela- and Families First’’ Division at Camp Pendleton, California for ware River Basin Commission’’ Address of Requesting Entity: 2005 Baynard duty as Division Inspector and Deputy G–7 Address of Requesting Entity: 125 State Po- Blvd., Wilmington, DE 19802 before assuming command of 1st Battalion, lice Drive, Trenton, NJ 08628 Description of Request: $120,000 for sup- 11th Marines in June 2002 and led the bat- Description of Request: $200,000 for en- plies and salaries needed to provide intensive talion during Operation Iraqi Freedom. In June hancements to the Delaware River Basin’s community-based counseling and case man- 2004, he transferred to Twentynine Palms, flood warning system, including: (1) upgrades agement to youth ages 10–18 and their fami- California for assignment as the Marine Air to the existing precipitation and stream gage lies in all three counties in Delaware. The pur- Ground Task Force Training Command G–3 network, (2) improvement of flash flood fore- pose of the project is to improve family rela- and was promoted to Colonel in September casting capabilities, (3) flood warning edu- tionships, increase parent engagement, im- 2004. cation and outreach, and (4) support of flood prove school attendance, and reduce involve- Apart from his active duty service, Col. coordination. Following three Delaware River ment in the juvenile justice system and recidi- Seaton served as a political science instructor main stem floods, the continued development vism so that youth succeed. at the U.S. Naval Academy where he received of an enhanced basin-wide flood warning sys- Name of Project: Mentoring Initiatives for At- the ‘‘William P. Clements Award for Excel- tem is critical for ensuring that the existing Risk Children and Youth lence in Education’’ as the top military instruc- flood warning system is adequately maintained Requesting Member: Congressman MICHAEL tor. He has also been a member of the Coun- and that technological advancements are con- N. CASTLE cil on Foreign Relations, Pacific Council on tinued. Bill Number: H.R. 2847 International Policy, Inter-University Seminar Name of Project: Chesapeake Bay Interpre- Account: OJP—Juvenile Justice on Armed Forces & Society and other various tive Buoy System Legal Name of Requesting Entity: ‘‘Dela- military associations. Requesting Member: Congressman MICHAEL ware Mentoring Council’’ Col. Seaton’s tireless passion for service N. CASTLE Address of Requesting Entity: Delaware has contributed to the betterment of this coun- Bill Number: H.R. 2847 Mentoring Council, University of Delaware try. His decorations include the Defense Supe- Account: NOAA—National Weather Service Newark, DE 19716 rior Service Medal, Bronze Star with Combat Operations, Research and Facilities Description of Request: $750,000 to create V, Defense Meritorious Service Medal, Meri- Legal Name of Requesting Entity: ‘‘National stable mentoring programs in at least four torious Service Medal with three Gold Stars, Oceanic and Atmospheric Administration school districts and ten schools throughout Navy & Marine Corps Achievement Medal, (NOAA) Chesapeake Bay Office’’ Delaware, with at least five schools in the city Combat Action Ribbon with two Gold Stars, Address of Requesting Entity: 410 Severn of Wilmington. The purpose of the project is to and the Presidential Service Badge. I am Avenue, Annapolis, MD 21403 provide stability in the lives of at-risk youth, proud to call James a fellow community mem- ber, American and friend. On behalf of the Description of Request: $350,000 to be those living in poverty, and those facing sub- people of the United States whom he has used by NOAA to purchase, deploy, and oper- stance abuse in their family, incarcerated par- served with courage and honor, we com- ate a buoy and sensors on the Nanticoke ents, or even homelessness. memorate the service of Colonel James B. River in Delaware, which is the largest Chesa- f peake Bay tributary on the Delmarva Penin- Seaton III and congratulate him on his new sula, and is identified by NOAA as a priority TRIBUTE TO COLONEL JAMES B. post. location for the Chesapeake Bay Interpretive SEATON III f Buoy System (CBIBS). The purpose of this A TRIBUTE IN RECOGNITION OF project is to provide real-time data and inter- HON. DARRELL E. ISSA REV. LARRY WILLIAM CAMP pretation to further protect, restore, and man- OF CALIFORNIA age the Chesapeake Bay. IN THE HOUSE OF REPRESENTATIVES HON. EDOLPHUS TOWNS Name of Project: New Castle County Court- OF NEW YORK house Capitol Police Command Center and Tuesday, June 16, 2009 IN THE HOUSE OF REPRESENTATIVES Lobby Surveillance Project Mr. ISSA. Madam Speaker, I rise today to Requesting Member: Congressman MICHAEL honor and pay tribute to an individual whose Tuesday, June 16, 2009 N. CASTLE dedication and contributions to the United Mr. TOWNS. Madam Speaker, I rise today Bill Number: H.R. 2847 States Marine Corps are exceptional. Our in recognition of Rev. Larry William Camp, the

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

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Madam Speaker, pursuant to Baptist Church under the late Dr. Thomas S. hol, Tobacco and Firearms, the Missouri State the Republican Leadership standards on ear- Highway Patrol, the Maryville Public Safety Harden and later under the Mount Sinai Bap- marks, I am submitting the following informa- tist Church under the late Dr. Lymon Lowe Department and the Cameron Police Depart- tion regarding earmarks I received as part of ment. Additional law enforcement agencies Rev. Larry William Camp received the call H.R. 2487, the Commerce, Justice, Science, participate on a case-by-case basis in their ju- to preach at the tender age of seventeen, and Related Agencies Appropriations Act, risdictions. began preaching in 1975, and gained valuable 2010: The federal funding obtained will be used to Congressman SAM GRAVES (MO–6) Depart- professional guidance under Dr. Curtis L. add four officers to the task force. Most local ment of Justice, COPS—$660,000 to the Clay Whitney, who had succeeded Dr. Lowe. law enforcement agencies do not have the re- County Sheriff for Clay and Platte Counties Rev. Larry William Camp assumed the sources to provide for a narcotic investigative Communications Interoperability Project (Clay pastorship of the Bethlehem Baptist Church in unit, therefore NITRO provides a trained unit County: 1 Courthouse Square, Liberty, MO 1989, ushering in an age of expansion and to the jurisdictions concentrating on drug traf- 64068, Platte County: 415 Third Street, Platte development at the church, helping to pur- fickers and violent offenders. chase a new church van, to renovate the City, MO 64079) One of the lessons learned from the tragedy The number one problem in Missouri is sanctuary and bathrooms, and to establish of September 11th was the inability of first re- fighting the methamphetamine epidemic. Due many new ministries, always with the theme of sponders and public safety agencies to com- to this problem, a few years ago I worked to ‘‘Building Great Minds for a Greater Witness’’. municate. To meet the requirements of the get a DEA agent stationed in Northwest Mis- Brooklyn owes a tremendous debt of grati- National Telecommunications & Information souri. These critical funds will assist my pre- tude to Rev. Larry William Camp, a leader in Administration mandated that Tactical Inter- vious efforts and allow the task force to re- denominational work on every level of govern- operable Communications be operational by spond to regional emergencies, particularly ment and an inspiration for many young pas- 2012, as designated by APCO. when responding to methamphetamine lab tors in the community. As such, Clay and Platte counties in my busts. This team has been enormously effec- tive in coordinating with local law enforcement Madam Speaker, I would like to recognize congressional district have developed a Com- in Northwest Missouri and helps makes our Rev. Larry William Camp, a visionary leader munications Interoperability Project (CIP). CIP neighborhoods and schools safer for our chil- and an inspiration to all of New York. will maximize resources by engineering and building extensive communication infrastruc- dren. Madam Speaker, I urge my colleagues to ture capabilities, connecting more than 40 re- Congressman SAM GRAVES (MO–6) join me in paying tribute to Rev. Larry William gional front line stakeholders together through Department of Justice, Byrne Grants— Camp. a comprehensive integrated communications $140,000 to Synergy Services for Community network. CIP’s strategic plan encompasses all Response to Domestic Violence (400 East 6th f areas of public service, including but not lim- Street, Parkville, MO 64152) ited to local law enforcement, fire and ambu- Synergy Services began in 1970 as Synergy EARMARK DECLARATION lance agencies, emergency management task House, the only shelter for runaway and force responders, hospitals, highway and road homeless youth in western Missouri. Through HON. BRETT GUTHRIE agencies, parks and water districts, as well as the years the organization has expanded to other public agencies engaged in delivering provide a full continuum of care to assist indi- OF KENTUCKY services to citizens. viduals and families with immediate respite IN THE HOUSE OF REPRESENTATIVES In recent years, Clay and Platte counties from violence, and services which provide have experienced a number of natural disas- these individuals with the tools they need to Tuesday, June 16, 2009 ters, including flooding and tornadoes. These ensure future safety and success. events impair first responder communication In 2008, Missouri law enforcement agencies Mr. GUTHRIE. Madam Speaker, pursuant to confirmed over 32,000 incidents of domestic the Republican Leadership standards on ear- among municipal police, fire agencies and other public safety agencies, ultimate ham- violence in the state, and this does not include marks, I am submitting the following informa- the thousands of unreported incidents. In tion regarding earmarks I received as part of pering rescue efforts. As regional responders continue to tackle 2009, the total number of domestic violence H.R. 2487, the Commerce, Justice, Science, these problems head-on, funds have fallen incidents that were reported in Synergy’s pri- and Related Agencies Appropriations Act of short to ensure they are able to comply with mary service area of Clay, Platte, Ray, and 2010. the 2012 deadline. Based upon a 2005–2006 Jackson counties was approximately 2,700. Requesting Member: Congressman BRETT cross-county survey, a total of 3,373 units of This important federal funding will allow Syn- GUTHRIE varietal communication equipment are needed, ergy to expand its advocacy efforts and assist Bill Number: H.R. 2487 plus 5 communication towers for Clay County an additional 500 to 700 domestic violence Account: Department of Justice, COPS- and a minimum of 5 towers in Platte County. victims in Missouri’s 6th Congressional Dis- Meth Due to Platte County’s topography, up to 3 ad- trict. ditional towers may be necessary for thor- The Community Response to Domestic Vio- Recipient: Daviess County Sheriff’s Depart- ough, unimpaired interoperability communica- lence project, initiated by Synergy Services, ment, 212 St. Ann Street, Owensboro, KY tion coverage. The federal funds I have ob- consists of the agency’s Court Services and 42301 tained will enable Clay and Platte counties to Bridge/Safe Patient Advocacy Network Description of Request: Provide $300,000 to begin implementing plans to establish the only (SPAN) programs to provide safety and secu- the Daviess County Sheriff’s Department to comprehensive communication infrastructure rity for women victims of domestic violence assist local law enforcement agencies to fight north of the Missouri River in the Kansas City and prevent future incidences of family vio- methamphetamine production and use. These regional area. lence through improving coordinated commu- funds will enable regional and local anti-drug Congressman SAM GRAVES (MO–6) nity responses to victims in the civil/municipal agencies across the Second District to work Department of Justice, Byrne Grants— courts and healthcare systems. First, the together in their efforts to combat meth- $200,000 to the Northwest Missouri Inter- project will provide advocacy on a two-front amphetamine production. Methamphetamine agency Team Response Operation for the approach, aimed at reaching and supporting use is on the rise for the first time in half a Multi-Jurisdictional Drug and Violent Offender more victims of domestic violence who are decade and local law enforcement must have Task Force (101 North Main, Cameron, MO steering their way through the judicial. Sec- the tools they need to combat this problem. 64429) ondly, since research has found most victims

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An upgraded This coordinated community response will cannot be met by local and state law enforce- Emergency Communications Phone System result in a more cost-effective means for pro- ment agencies. Funding will be used for per- will help the City of Hampton respond to and viding critical advocacy services to victims of sonnel and internal training ($165,000), facili- coordinate emergency services in the event of domestic violence, facilitate victims through tation of external training across the Common- a disaster or crisis scenario. The Hampton the judicial process in a timely and less costly wealth ($33,000), course supplies ($30,000), Roads area is home to many critical national manner, and arrive at a conviction with stiffer instructor cadre and subject matter experts defense assets and military installations. I cer- penalties more quickly. The ultimate desired ($45,000), operational and administrative ex- tify that neither I nor my spouse has any finan- outcome is a decrease in recidivism once penses ($27,000). I certify that neither I nor cial interest in this project. prosecution is successful. my spouse has any financial interest in this Project Name/Amount: Virginia Fisheries f project. Trawl Survey, $300,000 Project Name/Amount: Stafford County Law Requested by: Robert J. Wittman (VA–01) EARMARK DECLARATION Enforcement Technology, $300,000 Intended Recipient/Grantee: Virginia Insti- Requested by: Robert J. Wittman (VA–01) tute of Marine Science, Route 1208 Greate HON. ROBERT J. WITTMAN Intended Recipient/Grantee: Stafford Coun- Road, Gloucester Point, VA 23062 OF VIRGINIA ty, 1300 Courthouse Road, Stafford, VA 22555 Project description and explanation of the IN THE HOUSE OF REPRESENTATIVES Project description and explanation of the request: Information collected by the Virginia request: Upgrade the Computer Aided Dis- Tuesday, June 16, 2009 Institute of Marine Science (VIMS) Trawl Sur- patch system for Stafford County, VA. The vey is used by various agencies, including Mr. WITTMAN. Madam Speaker, pursuant CAD is part of the County’s state of the art, NOAA, the National Marine Fisheries Commis- to the Republican Leadership standards on interoperable communications system. Im- sion and the Commonwealth of VA to effec- earmarks, I am submitting the following infor- prove access to the communications system tively manage key fisheries. Proper manage- mation regarding earmarks I received as part for interdepartmental users and federal and ment of these finfish resources ensures eco- of H.R. 2847—Commerce, Justice, Science, state law enforcement (including Marine Corps logical stability of the Bay and supports the and Related Agencies Appropriations Act, Base Quantico) along the I–95 corridor. 100% economic livelihood of fishery participants. The 2010. of the funding will be used to purchase a com- Virginia Trawl Survey collects and reports crit- Project Name/Amount: An Achievable bination of hardware and software to move ical data on the recruitment, current and future Dream, $600,000 from a ‘‘text’’ environment to a ‘‘GUI’’ environ- abundance, and general ecological health of Requested by: Robert J. Wittman (VA–01) ment for the CAD. I certify that neither I nor the finfish populations in the Chesapeake Bay. Intended Recipient/Grantee: An Achievable my spouse has any financial interest in this Funds will be used for: personnel ($59,415), Dream, 10858 Warwick Blvd., Newport News, project. vessel ($46,800), equipment ($143,500), sup- VA 23601. Project Name/Amount: Newport News Law plies ($17,300), and facilities costs ($32,985). Project description and explanation of the Enforcement Technology, $200,000 I certify that neither I nor my spouse has any request: Support programs at An Achievable Requested by: Robert J. Wittman (VA–01) financial interest in this project. Dream Middle and High School. The 1,250 Intended Recipient/Grantee: Newport News f students in grades kindergarten through 12th Police Department, 9710 Jefferson Avenue, in 2009 (an increase of 250 over 2008) benefit Newport News, VA 23607 EARMARK DECLARATION from An Achievable Dream’s support of social, Project description and explanation of the academic and moral curricula proven effective request: 100% of the funds would be used to HON. ED WHITFIELD over 16 years of operating the public/private procure a Gunshot Location System. OF KENTUCKY partnership with Newport News Public Networked sensors would be placed at spe- IN THE HOUSE OF REPRESENTATIVES Schools. This multi-faceted approach has con- cific coordinates on buildings and telephone tinued to provide the tools needed for under- poles to accurately detect and locate the origin Tuesday, June 16, 2009 privileged youth to close the achievement gap. of gunshots and weapons events. Data is sent Mr. WHITFIELD. Madam Speaker, pursuant $375,000 would be used for personnel ex- to a central server accessible by law enforce- to the Republican Leadership standards on penses and $225,000 would be used for sup- ment agencies. In the past year, Newport earmarks, I am submitting the following infor- plies such as uniforms, reading materials, ex- News dispatched officers to 2007 calls for mation regarding earmarks I received as part tended day materials, and Saturday school gunshots. Federal, state and local law en- of the FY2010 Commerce, Justice, Science supplies. I certify that neither I nor my spouse forcement agencies using this technology and Department of Homeland Security Appro- has any financial interest in this project. have seen gunfire-related violent crimes de- priations bills. Project Name/Amount: Virginia Center for crease and gunfire-related arrests increase. I Requesting Member: Congressman ED Policing Innovation, $300,000 certify that neither I nor my spouse has any fi- WHITFIELD Requested by: Robert J. Wittman (VA–01) nancial interest in this project. Bill Number: H.R. 2487 Intended Recipient/Grantee: Virginia Center Project Name/Amount: City of Hampton Law Account: OJP—Byrne Discretionary Grants for Policing Innovation, 413 Stuart Circle, Suite Enforcement Technology, $200,000 Legal Name of Requesting Entity: Pennyrile 200, Richmond, VA 23220. Requested by: Robert J. Wittman (VA–01) Narcotic Task Force Project description and explanation of the Intended Recipient/Grantee: City of Hamp- Address of Requesting Entity: 511 South request: VCPI has provided over one quarter ton, 22 Lincoln Street, 8th Floor, Hampton, VA Main Street, Hopkinsville, KY 42240 of a million training hours to more than 27,000 23669 Description of Request: The Pennyrile Nar- law enforcement officers in the state of Vir- Project description and explanation of the cotics Task Force (PNTF) covers a 20-county ginia since 1997 in over 1,000 courses. In re- request: The current 911 phone system in the area. Based in Hopkinsville, Kentucky, it is a cent years, VCPI has specialized in filling City of Hampton’s Emergency Communica- law enforcement organization dedicated to training needs that no one else is addressing tions Center is technologically out-of-date and fighting the spread of drugs and, in particular, including leadership, homeland security, crime due to age and its 24 hour a day duty cycle, methamphetamine production, trafficking, and scene investigation, gangs, human trafficking, it is suffering progressively more frequent fail- abuse. According to the El Paso Intelligence drug interdiction, ethics, Spanish language ac- ures and support issues. An upgrade will im- Center (EPIC), Kentucky currently ranks sixth quisition, advanced court security, advanced prove capability and delivery of emergency nationally in the number of law enforcement search and seizure, cultural diversity, domestic services with the minimum system failure rate. responses to meth-related incidents. These violence, code enforcement, interview and in- 100% of the funds will be used to procure funds ($500,000) will allow the task force to terrogation, anti-terrorism etc. Additionally, equipment. During times of crisis, at the local, purchase materials and pay for manpower to

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15494 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 educate people in the school systems, health Blossom Championships in Field Show and years later is ‘‘If you can dream it you can departments, law enforcement agencies, and Parade Competition, and it won in the National achieve it.’’ civic organizations on the dangers of meth- De Soto Festival in Bradenton, Florida, includ- Mr. Scott did not just bring his students to- amphetamine. These funds are vital to elimi- ing the Grand Championship. His band also gether, but brought an entire community to- nating the threat of illegal drugs in Kentucky’s won the Governor’s Cup in St. Petersburg, gether. He brought parents as well as mem- First Congressional District. I certify that nei- Florida at the Festival of States and the Heart bers of the community together to support and ther I nor my spouse has any financial interest of St. Petersburg plaque twice. enrich the band program. Abbeville is a better in this project. Under Mr. Scott’s leadership, the Abbeville community because of Sandy Scott. Music Requesting Member: Congressman ED band received many other awards including: Education in South Carolina is better because WHITFIELD Grand Champion of the Furman University of Sandy Scott. Bill Number: Homeland Security Appropria- marching contest; First Place Class AAA The lessons these students learned have tions Act, 2010 Carolinas’ Carousel in Charlotte, N.C.; Double served them well as adults who have gone on Account: Predisaster Mitigation Superior rating at the South Carolina State to serve in their communities. His students Legal Name of Requesting Entity: Russell Music Festival; Third Place Overall at the have gone on to be doctors, nurses, para- County Fiscal Court Greatest Bands in Dixie Contest as part of the legals, business owners, teachers, federal em- Address of Requesting Entity: 410 Monu- Mardi Gras in New Orleans, Louisiana. ployees, congressional staff, first responders, ment Square 110, Jamestown, KY 42629 In 1977, under his leadership the Abbeville ministers, members of the armed services, Description of Request: The project will con- Band represented South Carolina at the Presi- and even music directors. sist of installing outdoor warning sirens to dential Inaugural Parade of President Jimmy I am honored to pay tribute to my con- warn the public in the event of a disaster, par- Carter, an event that the students worked hard stituent, Mr. Leland Sanders ‘‘Sandy’’ Scott. ticularly in the case of a failure of Wolf Creek to raise the money to be able to attend. f Dam, which is currently undergoing a major Sandy’s professional affiliations include the rehabilitation. This funding will help the rural National Association for Music Education, EARMARK DECLARATION communities be better prepared should a ca- South Carolina Music Educators Association, tastrophe happen. the South Carolina Band Directors Associa- HON. JOE WILSON f tion, Phi Mu Alpha, Gamma Eta Chapter; and OF SOUTH CAROLINA Phi Beta Mu, Theta Chapter. He served on the IN THE HOUSE OF REPRESENTATIVES A CONGRESSIONAL TRIBUTE TO Marching Band Committee and the All-State Tuesday, June 16, 2009 SANDY SCOTT, FORMER DIREC- Audition Committee. He has actively partici- TOR OF THE ABBEVILLE GRENA- pated in civic affairs, was President of the Mr. WILSON of South Carolina. Madam DIER BAND, ABBEVILLE, SOUTH Abbeville Rotary Club, and was President of Speaker, pursuant to the Republican Leader- CAROLINA the Abbeville Chamber of Commerce. He has ship standards on earmarks, I am submitting served on the City Council as Mayor Pro Tem. the following information regarding earmarks I HON. J. GRESHAM BARRETT In 1971, he was named Abbeville’s ‘‘Young received as part of the FY 2010 Commerce, OF SOUTH CAROLINA Educator of the Year’’ and the South Carolina Justice, Science, and Related Agencies Ap- IN THE HOUSE OF REPRESENTATIVES ‘‘Young Educator of the Year’’ in 1972. In propriations Act, 2010. 1975 he received Abbeville’s ‘‘Young Man of Requesting Member: Congressman JOE Tuesday, June 16, 2009 the Year Award’’. WILSON Mr. BARRETT of South Carolina. Madam Mr. Scott served as a band clinician and ad- Bill Number: H.R. 2487—the Commerce, Speaker, it is not often that I have the honor judicator throughout the United States. He Justice, Science, and Related Agencies Ap- to rise and give tribute to a living legend. also served as Minister of Music for three propriations Act, 2010 Today, I have that honor. Mr. Leland S. churches; Forestville Baptists of Greenville, Account: COPS, Law Enforcement Tech- ‘‘Sandy’’ Scott, who resides in my district is in- South Side Baptist of Abbeville and Callie Self nology deed a living legend in our community. Mr. Memorial Baptist of Greenwood. Having re- Legal Name of Requesting Entity: City of Scott was born in Greenville County, South tired from teaching, Mr. Scott now serves as West Columbia Carolina. He graduated from Parker High Senior Pastor of Callie Self Memorial Baptist Address of Requesting Entity: 200 North School in 1960. He served as drum major for Church of Greenwood. 12th Street, West Columbia, SC 29171 the marching bands at both Parker High Mr. Scott and his wife, Verlene O’Kelley Description of Request: I have secured School and Furman University. He later Scott have two children, Keith and Lisa and $350,000 for the West Columbia Police De- earned his Bachelor of Arts Degree in Music four grandchildren. He is also a member of the partment in West Columbia, South Carolina. A Education from Lander University. South Carolina Baptist Singing Churchmen. relatively new technology, Automatic License Mr. Scott served as Band Director at Ellen On April 5, 2009, more than 150 band alum- Plate Recognition (ALPR), would assist the Woodside High School from 1962–1963 and ni and their families gathered together in West Columbia Police Department in identi- at Belton High School from 1963–1965. Abbeville to honor Mr. Scott. They presented fying offenders in real time, without waiting for In 1965, Mr. Scott, came to Abbeville High a bronze plaque that will be permanently dis- information from the dispatcher. The ALPR School to take over as Director of Bands. It is played in Abbeville as a tribute to Mr. Scott. technology allows vehicle license plates to be a position he would retain until 1982. Through- Present to give tribute to Mr. Scott were his automatically scanned (up to 1,500 per out these years he touched many lives and former Band Director from Parker High minute) as officers patrol the city. The tech- helped mold a generation of students. While at School, Mr. James Senn and Mrs. Virginia nology uses infrared scanning devices mount- Abbeville he established the Southeastern Ferguson, who served as instructor to the ed on each patrol car, which recognize license Marching Contest which drew some of the top Color Guard and Bagpipe regiment. Former plate numbers and compares them against bands in the country to Abbeville. band members traveled from as far away as multiple databases including wanted files, His Grenadier Band at Abbeville was the California, Virginia and Maryland to honor Mr. missing person files, AMBER alerts, terrorist only high school band in the state and one of Scott and to see old friends. watch lists, and gang databases. The tech- a few nationwide to feature a bagpipe regi- Mr. Scott brought much more than music to nology then transmits data about the vehicle ment. Abbeville High School and his students. For and the owner to the officers in the patrol ve- The Abbeville High School band under his many students, it was their first chance to hicles, alerting them when a stop needs to be direction became one of the most successful travel outside the county, their first chance to made. Using the ALPR technology, law en- competitive bands in high school marching belong to a ‘‘winning team.’’ In addition to forcement officers can patrol with the benefit band history. Under Mr. Scott’s leadership, the learning to play a musical instrument, his stu- of getting data in real time, so they can inter- Abbeville High School band won the South dents learned the importance of hard work, dict immediately. I certify that neither I nor my Carolina Band Director’s Association State dedication, commitment to a group activity, the spouse has any financial interest in this Class Marching Band Championships for eight benefits of setting goals, school spirit, the project. consecutive years in Classes A, AA and AAA. power of positive thinking, and patriotism. A Requesting Member: Congressman JOE His Abbeville band won the National Cherry favorite saying that his students recall even 30 WILSON

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15495 Bill Number: H.R. 2487—the Commerce, and I’m proud to note that he is now out- work (WARN) project is to provide Shelby Justice, Science, and Related Agencies Ap- spoken about the need to reach out to other County with a county-wide, mission-critical propriations Act, 2010 veterans who are eligible for VA’s medical radio voice communication system. The fund- Account: COPS, Law Enforcement Tech- services and mental-health support. Travis ing will help to improve the public safety com- nology plans to enroll at Arizona State University with munications network and thus result in an im- Legal Name of Requesting Entity: County of the ultimate goal of becoming a physical ther- proved public safety system in Shelby County. Orangeburg apist and working with veterans. The project’s total budget is $500,000. Specifi- Address of Requesting Entity: 1520 Ellis Av- Madam Speaker, please join me in honoring cally within the budget, $250,000 is for mobile enue Ext, Orangeburg, SC 29115 Travis Shrum for his courageous service to car radios and $250,000 is for hand held port- Description of Request: I have secured our country and perseverance in overcoming able radios. This request is consistent with the $500,000 for the County of Orangeburg, South personal challenges. intended and authorized purpose of the De- Carolina to expand and improve the Law En- f partment of Justice, COPS Law Enforcement forcement Automated Data Repository system Technology Account. The Shelby County (LEADR). LEADR creates a bottoms-up ap- EARMARK DECLARATION Sheriff’s Office will meet or exceed all statu- proach using open source software. Today, tory requirements for matching funds where during routine police activities, an officer can HON. SPENCER BACHUS applicable. search on partial license tags, names and ad- OF ALABAMA Requesting Member: Congressman SPEN- dresses to rapidly correlate past contacts. The IN THE HOUSE OF REPRESENTATIVES CER BACHUS system shows probable matches with red and Bill Number: H.R. 2847—Commerce, Jus- Tuesday, June 16, 2009 yellow alerts indicating additional caution is tice, Science, and Related Agencies Appro- needed. All of the data in the system is de- Mr. BACHUS. Madam Speaker, pursuant to priations Act, 2010 rived from local and state law enforcement as the Republican Leadership standards on ear- Account: Department of Justice, OJP— well as local, state and occasionally federal marks, I am submitting the following informa- Byrne Discretionary Grants Legal Name of Requesting Entity: City of government records. This funding will expand tion regarding funding that I requested as part of H.R. 2847—Commerce, Justice, Science, Irondale the capacity of the system and allow for map- Address of Requesting Entity: P.O. Box and Related Agencies Appropriations Act, ping and location awareness so law enforce- 100188, Irondale, AL 35210 2010. ment can coordinate activities and have a Description of Request: Provide $350,000 Requesting Member: Congressman SPEN- graphical and pictorial representation of pat- for equipment and technology upgrades for terns and activities. It will also allow for the CER BACHUS the Irondale Police Department, which will continued expansion of the system to addi- Bill Number: H.R. 2847—Commerce, Jus- allow for better communication and increased tional states, making LEADR an even more tice, Science, and Related Agencies Appro- emergency response capability. The project powerful tool for law enforcement. I certify that priations Act, 2010 will invest in crime prevention and protection. Account: Department of Justice, COPS Law neither I nor my spouse has any financial in- The project’s total budget is $350,000. Specifi- Enforcement Technology terest in this project. cally within the budget, $40,000 is for the Legal Name of Requesting Entity: City of f Computer Aided Dispatch (CAD) System, Birmingham $14,000 for a dispatch recorder, $85,000 for a RECOGNIZING TRAVIS SHRUM, RE- Address of Requesting Entity: 710 North 911 System Enhancement, $50,000 for com- CIPIENT OF THE TEMPE MAY- 20th Street, Birmingham, AL 35203 munication room renovation, $79,200 for OR’S DISABILITY AWARD, AS Description of Request: Provide $250,000 laptop computers, $4,500 for computers, OUTSTANDING EMPLOYEE OF for the City of Birmingham’s Community Ori- $7,500 for a computer server with fiber optic THE YEAR ented Policing Services (COPS) program to cable, $1,800 for a printer/copier and $68,000 add additional police officers to the existing for a telephone system replacement. This re- force and for crime prevention technology like HON. HARRY E. MITCHELL quest is consistent with the intended and au- Shot Spotter and GPS technology. The City OF ARIZONA thorized purpose of the Department of Justice, plans to use the funds to increase the number IN THE HOUSE OF REPRESENTATIVES OJP—Byrne Discretionary Grants Account. of personnel and to invest in technology such The City of Irondale will meet or exceed all Tuesday, June 16, 2009 as shot spotter GPS technology which will re- statutory requirements for matching funds Mr. MITCHELL. Madam Speaker, I rise sult in an improvement in public safety. The where applicable. today to congratulate Travis Shrum, a veteran project’s total budget is $2,051,250. Specifi- Requesting Member: Congressman SPEN- of Operation Enduring Freedom in Afghanistan cally within the budget, $320,000 is for 300 CER BACHUS from my hometown of Tempe, who was re- mobile data computer licensing, $671,250 for Bill Number: H.R. 2847—Commerce, Jus- cently presented with the Mayor’s Disability 75 Coban VMDT, $180,000 for 150 DataRadio tice, Science, and Related Agencies Appro- Award as Outstanding Employee of the Year. Ciphr Modems, and $880,000 for shotspotter priations Act, 2010 The Mayor’s Disability Award honors Tempe expansion and mobile software. This request Account: Department of Justice, OJP—Ju- residents who have overcome significant bar- is consistent with the intended and authorized venile Justice riers to succeed in the workplace. purpose of the Department of Justice, COPS Legal Name of Requesting Entity: Team In 2007 and 2008, Travis served with the Law Enforcement Technology Account. The Focus, Inc. Army National Guard as an infantry soldier City of Birmingham will meet or exceed all Address of Requesting Entity: 6110 Grelot and gunner in Afghanistan, where he escorted statutory requirements for matching funds Road, Mobile, AL 36609 security forces protecting civilians. Like many where applicable. Description of Request: Provide $500,000 veterans, after returning home to the United Requesting Member: Congressman SPEN- for mentoring and education programs for States, Travis brought home the physical and CER BACHUS Team Focus, Inc. The funding will help pro- emotional scars of war. He struggled with Bill Number: H.R. 2847—Commerce, Jus- vide young men who lack a father figure in Post-Traumatic Stress Disorder and, subse- tice, Science, and Related Agencies Appro- their lives with leadership skills, guidance, quently, took a leave of absence from his job priations Act, 2010 moral values, and a continuing relationship at a Walgreen’s store in Tempe to concentrate Account: Department of Justice, COPS Law with a carefully selected adult mentor. The on transitioning to civilian life. With the pa- Enforcement Technology mentoring program will aid the participants in tience and support of the Phoenix Veterans Legal Name of Requesting Entity: Shelby becoming productive members of society. The Health Administration, Travis has bounced County Sheriff project’s total budget is $500,000. Specifically back and is once again thriving. He has re- Address of Requesting Entity: P.O. Box within the budget, $120,000 is for equipment, turned to work as an assistant manager at 1095, Columbiana, AL 35051 $150,000 for travel, and $ 230,000 for sup- Walgreen’s, where he works full-time and Description of Request: Provide $500,000 to plies. This request is consistent with the in- manages a staff of 42. upgrade the Shelby County Sheriff’s office tended and authorized purpose of the Depart- Travis is a wonderful example of the Phoe- public safety communications network. The ment of Justice, OJP—Juvenile Justice Ac- nix VA’s commitment to returning veterans, primary objective of the Wide Area Radio Net- count. Team Focus, Inc. will meet or exceed

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15496 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 all statutory requirements for matching funds EARMARK DECLARATION Michael Monsoor It, Bob Kerrey It, Michael where applicable. Murphy It . . . as only you can carry Requesting Member: Congressman SPEN- HON. LEONARD LANCE it! CER BACHUS For there’s nothing, you can not do . . . it! OF NEW JERSEY Bill Number: H.R. 2847—Commerce, Jus- To The Tenth Power, The Men of The Hour tice, Science, and Related Agencies Appro- IN THE HOUSE OF REPRESENTATIVES . . . all in what your golden heart’s so Tuesday, June 16, 2009 shower! priations Act, 2010 Climbing walls . . . Account: Department of Justice, OJP—Ju- Mr. LANCE. Madam Speaker, pursuant to Jumping off buildings, falls! venile Justice the Republican Leadership standards on ear- As to what these fine hearts, are called . . . Legal Name of Requesting Entity: United marks, I am submitting the following informa- Swimming the high seas, as they will not Methodist Children’s Home tion regarding earmarks I received as part of pause! Address of Requesting Entity: P.O. Box 830 H.R. 2487—the Commerce, Justice, Science, As Freedom Fighters, one and all . . . Selma, AL 36702 Answering that, most noble cause! Description of Request: Provide $150,000 to and Related Agencies Appropriations Act, As you turn around, they disappear . . . provide security and IT improvements for the 2010: From The Land, Air and Sea . . . United Methodist Children’s Home. By improv- DOJ–COPS Technology Account. A Force of Nature, So Complete! ing the efficiency and effectiveness of its infor- Woodbridge, New Jersey Interoperable Law A Band of Brothers, so very sweet! mation technology infrastructure, the United Enforcement Trunked Digital Radio System— As we hear, God’s Voices in all these! Methodist Children’s Home will better serve $500,000. The entity to receive funding for this Men of Honor, Men of Faith! project is: Township of Woodbridge, One Main Whose, fine hearts will not wait! the at-risk youth in its care. The creation of a Nor will not so waft! seamless system will ease each children’s Street, Woodbridge, NJ 07095. The funding would be used to replace the Who will not give up, or in! movement through the continuum of care in As into that face of death and hell, they so the Children’s Home system, which will im- antiquated patchwork of over 40 year old radio wade! prove the outcomes for each child, namely, systems with a UHF Trunked Digital Simulcast Get In, Get Out . . . becoming responsible and productive mem- Radio Communications System that will allow Get the job done, that’s what it’s all about! bers of their communities. The project’s total for interoperable communications between All for God and Country, Tis of Thee . . . budget is $425,000. Specifically within the Woodbridge police, firefighters, first response All At The Very Top, as no one else can so budget, $89,000 is for personnel, $13,000 for and municipal employees and add emergency compete! The very Origin, of Stealth Technology! fringe benefits, $188,000 for equipment, response capabilities at the Township’s 24 public school facilities. Stealing from time, all across the seven seas! $96,000 for contractual services, and $39,000 What Superman, so wishes he could be! for miscellaneous items. This request is con- DOJ–COPS Technology Account. Summit, As they can shoot the wings off of a nat, at sistent with the intended and authorized pur- NJ Regional Police and Emergency Manage- 1,000 feet! pose of the Department of Justice, OJP—Ju- ment Interoperable Communication Network So Incredible, as so are all of these! venile Justice Account. The United Methodist and Facility—$1,000,000. The entity to receive All so boldly marching forth, all out on lib- Children’s Home will meet or exceed all statu- funding for this project is:City of Summit, 512 erty’s course! tory requirements for matching funds where Springfield Avenue, Summit, NJ 07901. For no one knows no more . . . That Free- dom, Is Not Free! applicable. The funding would be used to design and build a state-of-the-art dispatch and emer- What ever boy, wishes he could grow up to Requesting Member: Congressman SPEN- be! CER BACHUS gency management operations center utilizing YOU GO! I GO! Bill Number: H.R. 2847—Commerce, Jus- the most current radio, computer, internet and AS, FOR MY BROTHER . . . I WILL SO DIE tice, Science, and Related Agencies Appro- supplementary communications equipment, FOR THEE! priations Act, 2010 capable of providing a completely interoper- ALL IN THEIR SEAL OF HONOR! Account: National Aeronautics and Space able communications network capable of pro- AS THEY ALL SO SHINE, OH SO BRIL- Administration viding emergency services to a full-time popu- LIANTLY! Legal Name of Requesting Entity: University lation of at least 46,000 residents. THE LAST EASY DAY, WAS THE ONE PRO- CEEDED! of Alabama f Address of Requesting Entity: Office of Re- Magnificent Men, who so live by a code . . . search, Box 870117, Tuscaloosa, AL 35487 A TRIBUTE TO THE UNITED as they so heed it! Description of Request: Provide $350,000 STATES NAVY SEALS A Code of Honor, of Faith . . . that which so brings tears to Angel’s eyes! for the University of Alabama to develop novel A Seal Of Honor! and efficient miniature antennas that are capa- HON. PETER HOEKSTRA Where Faith, In Hearts of Courage Grows! ble of supporting systems that control the flight OF MICHIGAN All In Hearts of Steel, From Where Freedom of UAVs (Unmanned Aerial Vehicles). Novel Flows! IN THE HOUSE OF REPRESENTATIVES ferrites (magnetic material) and broadband fer- A saw some Seals, one time . . . rite antennas of unique design will be inves- Tuesday, June 16, 2009 And as, I turned around . . . and they were tigated and developed, respectively, to ad- Mr. HOEKSTRA. Madam Speaker, Capitol gone! dress the unstable imaging problem existing in Climbing up the walls, moving on! Guide Albert Carey Caswell has composed a As They Disappeared, Into Thin Air! UAV cameras. Unmanned aerial vehicles poem for the RECORD in honor of the U.S. As if, almost like they were not ever there! (UAVs) can provide vastly improved acquisi- Navy SEALS.– Them Running On The Wind, was all that I tion and rapid dissemination of intelligence, Seal it! could hear! surveillance, and reconnaissance data. The Crush it! As they grow beards, and make people benefits and promise offered by UAVs have Run, right up to it! scared! drawn attention because of the significant im- As You Flush it! Terminate It! As they vanquish evil, anytime . . . every- As You Break it! Bust It! As You God For- where! pact they have on our national security. The sake It! And Make Mush of it! project’s total budget is $1,000,000. Specifi- All in their Most Splendid Splendor, so Destroy It! there! cally within the budget, $500,000 will go to- Walk, right by it! Seal It! Crush It! Run Right Up To It! Make ward salaries, $100,000 will go toward labora- Without, even touching it . . . Mush Of It! Destroy It! Flush It! tory supplies and materials, $60,000 will go to- Boy It, it was like . . . you were not even Boy It, it was like . . . you were not even ward rental equipment, $40,000 will go toward there! there! travel expenses, and $300.000 will go toward Climbing mountains . . . All In Your Seal Of Honor, All In Freedom’s equipment. This request is consistent with the Overtaking it! While, disappearing through Glare! Terminate It! thin air! Seal It! intended and authorized purpose of the Na- Capturing it, as over the coals you so rake tional Aeronautics and Space Administration it! As against all odds you make it! In honor of our Navy Seals, Magnificents Account. The University of Alabama will meet Go around it, run right through it! . . . Freedom Fighters . . . You and Your or exceed all statutory requirements for match- Or go right over it! Families have so blessed Our Nation! ing funds where applicable. As only, You can do it! —Albert Carey Caswell.

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 0634 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15497 HONORING WWII WOMEN PERSONAL EXPLANATION current and future generations of women can AVIATORS enjoy the benefits of sports. HON. ALBIO SIRES Madam Speaker, I urge my colleagues to join me in this effort to help girls move toward HON. GERALD E. CONNOLLY OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES equality in athletics at every level and in every OF VIRGINIA community across the nation. Tuesday, June 16, 2009 IN THE HOUSE OF REPRESENTATIVES f Mr. SIRES. Madam Speaker, I missed the Tuesday, June 16, 2009 following votes on June 15, 2009. Had I been EARMARK DECLARATION Mr. CONNOLLY of Virginia. Madam Speak- present, I would have voted yes on rollcall 336 er, I rise to recognize Gayle Bevis Ewing on H. Res. 430, yes on rollcall 337 on H.R. HON. GUS M. BILIRAKIS Reed and her remarkable service to our coun- 2325; and yes on rollcall 338 on H.R. 729. OF FLORIDA try during World War II. Ms. Reed was one of f IN THE HOUSE OF REPRESENTATIVES the courageous women who served her coun- Tuesday, June 16, 2009 try as a part of the Women Airforce Service THE HIGH SCHOOL ATHLETICS Pilots (WASP) program which began in August ACCOUNTABILITY ACT Mr. BILIRAKIS. Madam Speaker, pursuant 1943 to facilitate the war effort. She was dedi- to the House Republican Leadership stand- cated to her dream of becoming a pilot and, HON. LOUISE McINTOSH SLAUGHTER ards on earmarks, I am submitting the fol- lowing information regarding earmarks I re- despite the barriers confronting women in the OF NEW YORK ceived as part of H.R. 2487, the Commerce, aviation field, she succeeded and went on to IN THE HOUSE OF REPRESENTATIVES Justice, Science, and Related Agencies Ap- fly PT–19s, BT–13s, and UC–78s during the Tuesday, June 16, 2009 war. propriations Act for Fiscal Year 2010. Member requesting: GUS. M. BILIRAKIS Upon hearing of the WASP program she be- Ms. SLAUGHTER. Madam Speaker, I am proud to rise today to introduce the High Bill number: H.R. 2487 came determined to aid the war effort and was Account: COPS Law Enforcement Tech- among the earliest women to join. Of the School Athletics Accountability Act. As oppor- tunities for girls and women to participate in nology 25,000 who applied, she was one of those se- Name of requesting entity: Florida Depart- lected to undergo a rigorous training program. sports and athletics have been made increas- ingly available, women’s participation has ment of Law Enforcement She earned her wings in 1943, becoming one Address of requesting entity: 2331 Phillips of 1,074 women to do so. In the 17 months grown exponentially. Over three million high school girls now participate in organized Road, Tallahassee, Florida 32308 that the WASPs were operational, she and her Description: The $100,000 will be used for fellow pilots flew more than 60 million miles in sports, as opposed to 294,015 in 1971 before Title IX was enacted. Athletic participation has the operation of the Florida Silver Alert Pro- over 60,000 hours of duty providing an invalu- gram, which helps locate missing seniors and able service for our country. brought with it confidence and camaraderie among young women, giving them memories others with dementia-related illnesses. Ms. Reed and her fellow WASPs were re- and friends that will last a lifetime. Member requesting: GUS M. BILIRAKIS sponsible for testing both new airplanes and Despite our progress, persistent attacks Bill number: H.R. 2487 those that had undergone repairs. They deliv- against equality for women’s sports require Account: COPS Meth ered planes from one destination to another that we continue to protect the rights our na- Name of requesting entity: Hillsborough and assisted with the training of other pilots by tion’s young women deserve. Currently high County, Florida Address of requesting entity: 601 East Ken- towing targets, simulating bombings and even schools are not required to disclose any data nedy Boulevard, 26th Floor, Tampa, Florida participating in the direct instruction of male on equity in sports, making it difficult for high 33602 cadets. schools and parents to ensure fairness in their Description: The $250,000 will be used to She and her fellow pilots displayed tremen- athletics programs. The High School Athletics strengthen the County’s methamphetamine dous courage and bravery as their duties were Accountability Act requires that high schools enforcement and cleanup efforts. strenuous, exhausting and, at times, even life report basic data on the number of female and threatening. Thirty-eight women lost their lives male students in their athletic programs and f while serving our country. Women pilots faced the expenditures made for their sports teams. EARMARK DECLARATION constant gender discrimination and antag- The data will help high schools improve oppor- onism from male pilots who adamantly be- tunities for girls in sports, and thereby help HON. CANDICE S. MILLER lieved that women did not belong in the avia- high schools and parents of schoolchildren OF MICHIGAN tion field. foster fairness in athletic opportunities for girls IN THE HOUSE OF REPRESENTATIVES On Dec. 20, 1944, Congress voted to dis- and boys. Ultimately better information will en- band the WASP program, determining that it courage greater participation of all students in Tuesday, June 16, 2009 was no longer necessary as male pilots were athletics. Mrs. MILLER of Michigan. Madam Speaker, becoming available to fill the jobs the women Without information about how athletic op- pursuant to the Republican Leadership stand- were performing. Despite the end of the pro- portunities and benefits are being allocated at ards on earmarks, I am submitting the fol- gram, she and many other women did not the high school level, female students may be lowing information regarding earmarks I re- abandon their love of flying. They continued to deprived of their chance to play sports. For ceived as part of H.R. 2847, the Commerce, fight alongside one another to gain recognition many young women, sports are often their Justice, Science, and Related Agencies Ap- for their remarkable contribution. In the 1970s, ticket to higher education. A survey conducted propriations Act, 2010: they became deeply involved in a campaign by the National Federation of State High Requesting Member: Congresswoman nicknamed the ‘‘Battle of Congress’’ to gain School Associations indicates that female stu- CANDICE S. MILLER veteran status for their service during the war. dents receive 1.3 million fewer opportunities to Bill Number: H.R. 2847 They finally succeeded in 1977 despite contin- play high school sports than do male students, Account: COPS Law Enforcement Tech- ued gender discrimination. which translate into many lost opportunities for nology Madam Speaker, I ask that my colleagues athletic scholarships. Other studies show that Legal Name of Requesting Entity: Sterling join me in honoring Gayle Bevis Ewing Reed student athletes tend to graduate at higher Heights Police Department and other flyers from the WASP program who rates, perform better in school and are less Address of Requesting Entity: 40333 Dodge remain an inspiration for young women and likely to use drugs and alcohol. Women ath- Park Road, Sterling Heights, MI 48313 men alike. She is not only a hero but a symbol letes also tend to have more confidence, bet- Description of Request: The amount of of what can be achieved when goals are pur- ter body image, and higher self-esteem than $300,000 would be used by Sterling Heights sued and barriers overcome. She continues female non-athletes—critical attributes that Police Department to purchase and install up- the legacy set down by generations of ambi- help them succeed throughout their lives. We dated law enforcement technologies, to im- tious women by honoring her talent and main- must give our schools the tools they need to prove law enforcement response time and the taining a steadfast commitment to her dreams. identify inequities in their programs so that administration of justice programs.

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15498 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 Requesting Member: Congresswoman nities. Funding will be used to administer an pledged $520,000 toward the acquisition of CANDICE S. MILLER after-school program on site at affordable additional land adjacent to the Fire Academy Bill Number: H.R. 2847 housing facilities that is designed to help pre- to train Federal, State, and local first respond- Account: COPS Law Enforcement Tech- vent violence and keep at-risk youths off the ers in tactics to best manage the possibility of nology streets. This program includes an array of a Chemical, Biological, Radiological, Nuclear, Legal Name of Requesting Entity: Shelby services essential to assisting at-risk youth or Explosive event (CBRNE) in Southern Cali- Township Police Department gain the resources they will need to succeed fornia. Los Angeles County has pledged Address of Requesting Entity: 52700 Van in life and school. An afternoon at Hope’s $150,000 toward the Center, and the City of Dyke, Shelby Township, MI 48316 After School and Beyond—Violence Preven- Santa Fe Springs is prepared to contribute up Description of Request: The amount of tion includes: team building exercises, self es- to $300,000 toward the Center. Training is al- $200,000 would be used by Shelby Township teem building activities, homework assistance, ready under way at the expanded Center. In Police Department to purchase and install up- family literacy and Peace Builders, the nation- order to meet the rising demands for training dated law enforcement technologies, to im- ally acclaimed violence prevention curriculum. from L.A. County first responders and Rio prove law enforcement response time and the These elements will further develop positive Hondo students at the Center in order to pre- administration of justice programs. and community networks that will support pare for natural and Chemical, Biological, Ra- Requesting Member: Congresswoman youth in their journey into adulthood, and will diological, Nuclear, or Explosive (CBRNE) dis- CANDICE S. MILLER support their families in helping them on this asters, the training center needs the appro- Bill Number: H.R. 2847 journey. priate equipment to train for underground and Account: Byrne Justice Grant Program Requesting Member: Congressman GARY tunnel scenarios, lighting to train 24/7 and to Legal Name of Requesting Entity: Sterling G. MILLER simulate nighttime operations, and a class- Heights Police Department Bill Number: H.R. 2847 room trailer now that the center is designated Address of Requesting Entity: 40333 Dodge Account: Office of Justice Programs, Juve- as a Department of Homeland Security ap- Park Road, Sterling Heights, MI 48313 nile Justice Account proved training center. Description of Request: The amount of Legal Name of Requesting Entity: City of f $300,000 would be used by the Sterling Chino Heights Police Department for law enforce- Address of Requesting Entity: 13001 Central PERSONAL EXPLANATION ment programs, prosecution, drug treatment Avenue, Chino, California 91708 and enforcement programs. Funding Secured: $150,000. HON. ADAM H. PUTNAM Requesting Member: Congresswoman Description of Request: The City of Chino OF FLORIDA CANDICE S. MILLER runs the Chino Experience as an after-school IN THE HOUSE OF REPRESENTATIVES Bill Number: H.R. 2847 program for teens in grades 7 through 9. The Tuesday, June 16, 2009 Account: Byrne Justice Grant Program Chino Experience addresses the needs of this Legal Name of Requesting Entity: Shelby growing population group and specifically fo- Mr. PUTNAM. Madam Speaker, on Monday, Township Police Department cuses on at-risk youth. It is the only facility in June 15, 2009, I was not present for 4 re- Address of Requesting Entity: 52700 Van the community offering non-sport programs corded votes. Please let the RECORD show Dyke, Shelby Township, MI 48316 and services to teens in grades 7 through 9 that had I been present, I would have voted Description of Request: The amount of for extended evening hours and weekend pro- the following way: Roll No. 336—‘‘yea,’’ Roll $200,000 would be used by the Sterling gramming. The three critical components of No. 337—‘‘yea,’’ Roll No. 338—‘‘yea,’’ Roll No. Heights Police Department for law enforce- the program are individual case management, 339—‘‘yea.’’ ment programs, prosecution, drug treatment school-based enrichment, and the Chino Ex- f and enforcement programs. perience Teen Center facility. These compo- HONORING WWII WOMEN f nents address the socioeconomic, academic, AVIATORS and social needs of the teens and also serve EARMARK DECLARATION as diversions from dangerous influences of HON. GERALD E. CONNOLLY gangs and drugs. The Chino Experience pro- OF VIRGINIA vides year-round, five days per week program- HON. GARY G. MILLER IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA ming for teens plus two special excursions per Tuesday, June 16, 2009 IN THE HOUSE OF REPRESENTATIVES month. On-site after-school tutoring is avail- able and shuttle bus service takes the stu- Mr. CONNOLLY of Virginia. Madam Speak- Tuesday, June 16, 2009 dents directly from three schools to the Chino er, I rise to recognize Lorraine Zilner Rodgers Mr. GARY G. MILLER of California. Madam Experience Teen Center after school for alter- and her remarkable service to our country dur- Speaker, pursuant to the Republican Leader- native programs. The requested funds will ing World War II. Ms. Rodgers dreamed of be- ship standards on earmarks, I am submitting support teen programs with a special empha- coming a pilot at a time when the field of avia- the following information regarding earmarks I sis on teens living within the low-income and tion was dominated by men. Undeterred, she received as part of H.R. 2847, the FY 2010 moderate-income areas of the community. overcame gender barriers to pursue her goal. Commerce, Justice, and Science Appropria- Requesting Member: Congressman GARY After graduating from the University of Illinois, tions Bill. G. MILLER she worked building military aircraft, using her Requesting Member: Congressman GARY Bill Number: H.R. 2847 salary and limited spare time to learn to fly. G. MILLER Account: Office of Justice Programs, Byrne She eventually attained a private pilots’ li- Bill Number: H.R. 2847 Discretionary Grants cense. Account: Office of Justice Programs, Byrne Legal Name of Requesting Entity: Rio While pursuing her dream to fly, she learned Discretionary Grants Hondo Community College of the Women Airforce Service Pilots (WASP) Legal Name of Requesting Entity: Hope Address of Requesting Entity: 11400 program and became inspired to join the war Through Housing Foundation Greenstone Avenue, Santa Fe Springs, Cali- effort. More than 25,000 women applied and Address of Requesting Entity: 9065 Haven fornia 90670 after completing a rigorous training program, Avenue, Suite 100, Rancho Cucamonga, Cali- Funding Secured: $300,000 Ms. Rodgers was among the 1,074 women fornia 91730 Description of Request: Rio Hondo College who earned their wings. In the 17 months that Funding Secured: $850,000 operates its Public Safety Center with Police the WASP’s were operational, she and her fel- Description of Request: In previous fiscal and Fire Academies to train cadets and Fed- low pilots flew more than 60 million miles. years, Congress has shown strong support to eral, State, and local first responders from Among her many duties Ms. Rodgers tested the Hope Through Housing Foundation by pro- over 115 agencies. The Public Safety Center and ferried planes making necessary repairs viding dollars to fund a pilot program to fully was recently recognized by the Department of to military aircraft. She displayed tremendous incorporate a violence prevention curriculum, Homeland Security as a ‘‘Regional Homeland courage and bravery as her duties were stren- particularly gang prevention, into the existing Security Training Center.’’ In tandem with this uous, exhausting and at times even life threat- programming at affordable housing commu- recognition, Rio Hondo College recently ening. Thirty-eight women lost their lives while

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This research is authorized The Hanover Park Police Department plans to neared the ground she was forced to abandon by the Harmful Algal Bloom and Hypoxia Act enhance its response to school violence capa- the aircraft. She was barely able to deploy her of 2003. The funds will be used to develop the bilities through purchase of equipment, train- parachute before hitting the ground as she systems for determining cyanobacteria in Lake ing, and realistic exercises. This training would had delayed ejecting in an effort to save the Erie and in local water supplies and to con- be used for all sworn department members in plane. After recovering from her injuries, she tinue to collect data for analyzing and further a series of simulated situations of police re- was informed that her plane’s rudder had study. This project began in 2006 and pro- sponse to active shooters in schools. Included been cut in an act of sabotage. Although such vides continuous monitoring from the satellite in the request is funding for purchase of train- acts were rare, they were examples of the data of the potentially harmful algal blooms. I ing weapons, and tactical equipment, and ar- hardships women pilots had to overcome as certify that neither I nor my spouse has any fi- mored security gear for use in both drills and they faced antagonism from male pilots who nancial interest in this project. actual incident response. The Hanover Park adamantly believed that women did not belong Requesting Member: Congressman ROBERT Police Department has demonstrated a willing- in the aviation field. E. LATTA. ness to be a regional resource, and has posi- On Dec. 20, 1944, the same day Ms. Rod- Bill Number: H.R. 2847, Commerce, Justice, tioned itself to provide mutual aid to sur- gers risked her life, Congress voted to disband Science and Related Agencies Appropriations rounding municipalities and even other states. the WASP program determining that it was no Act, 2010. The Department’s School Familiarization Pro- longer necessary as male pilots were becom- Account: Justice; OJP—Juvenile Justice. gram was featured in a June 2008 Law and ing available to fill the jobs the women were Legal Name of Requesting Entity: Starr Order article, and has served as a model for performing. Despite the end of the program, Commonwealth—Van Wert. other departments across the country. Ms. Rodgers did not abandon her passion. Address of Requesting Entity: 15145 Lincoln She went on to work at the Glenview Naval Highway, Van Wert, Ohio 45891. Congressman PETER J. ROSKAM: H.R. 2487, Air Station and flew as much as possible. Description of Request: $500,000 for expan- Department of Justice, COPS Law Enforce- In the 1970s she became deeply involved in sion of the Adolescent Delinquency Program ment Technology Program account for the a campaign to gain veteran status for WASPs. (ADP) in Van Wert in order to address specific Northern Illinois Police Alarm System Atmos- Despite resistance based on gender preju- needs of troubled and at-risk youth. Services pheric Detection Equipment. The entity to re- dices, they finally succeeded in 1977. include educational/GED programs, life skills, ceive the $675,000 in funding for this project Madam Speaker, I ask that my colleagues job placement assistance, housing assistance, is the Glencoe Department of Public Safety, join me in honoring Lorraine Zilner Rodgers case management and mentoring. At risk, 675 Village Court, Glencoe, IL 60022. It is my and other pilots from the WASP program who identified male delinquent youth between the understanding that the funding from this joint remain an inspiration for young women and ages of twelve and eighteen are eligible for request with Congresswoman BEAN would be men alike. She is not only a hero but a symbol placement into the Adolescent Delinquent Pro- used to acquire atmospheric Detection Equip- of what can be achieved when goals are pur- gram. This expansion will assist with the pro- ment for the NIPAS regional mutual aid re- sued and barriers overcome. She continues gram so it can serve more Ohioans and help sponse trained officers. The Northern Illinois the legacy set down by generations of ambi- them become productive citizens. Starr takes Police Alarm System (NIPAS) Emergency tious women by honoring her talent and main- at-risk youth from being costly tax recipients Services Team (EST) is a mutual aid organi- taining a steadfast commitment to her dreams. and dependent on the social welfare to future zation that is responsible for law enforcement f taxpayers and productive, independent mem- coverage of 68 member towns with a total bers of society. I certify that neither I nor my population of approximately 1.8 million resi- EARMARK DECLARATION spouse has any financial interest in this dents. In Illinois’ 6th Congressional District, project. the acquisition of this equipment will directly HON. ROBERT E. LATTA f benefit the municipalities of Bartlett, Elk Grove OF OHIO Village, Elmhurst, Hanover Park, Mount Pros- EARMARK DECLARATION IN THE HOUSE OF REPRESENTATIVES pect, Roselle, Streamwood, and Villa Park. This funding will be used to acquire atmos- Tuesday, June 16, 2009 HON. PETER J. ROSKAM pheric Detection Equipment for the NIPAS Mr. LATTA. Madam Speaker, pursuant to OF ILLINOIS EST mutual aid response trained officers. the Republican Leadership standards on ear- IN THE HOUSE OF REPRESENTATIVES Member Police Departments and the NIPAS marks, I am submitting the following informa- EST have identified a lacking atmospheric de- tion regarding earmarks I received as part of Tuesday, June 16, 2009 tection capability. Atmospheric detection H.R. 2847, the Commerce, Justice, Science Mr. ROSKAM. Madam Speaker, pursuant to equipment is needed to allow NIPAS law en- and Related Agencies Appropriations Act, Republican standards on disclosure for Mem- forcement officers the ability to respond to 2010. ber project requests, I am submitting the fol- crimes or other incidents involving hazardous Requesting Member: Congressman ROBERT lowing information regarding projects I support environments, explosive devices, arson mate- E. LATTA. for inclusion in H.R. 2487, the Commerce, rials, and narcotics. NIPAS will administer this Bill Number: H.R. 2847, Commerce, Justice, Justice, Science, and Related Agencies Ap- program which will provide coverage for 68 Science and Related Agencies Appropriations propriations Act of 2010. member communities in the counties of Lake, Act, 2010. Congressman PETER J. ROSKAM: H.R. 2487, Cook, DuPage, McHenry and Will Counties. Account: Commerce; NOAA—Operations, Department of Justice, Office of Justice Pro- Ensuring that NIPAS officers have the Atmos- Research and Facilities. grams, Edward Byrne Memorial State and pheric detection technology they need will: Legal Name of Requesting Entity: Bowling Local Law Enforcement Assistance Grant Pro- protect police officers who are the first to re- Green State University. grams account for the Hanover Park Police spond to Hazmat related accidents/crime Address of Requesting Entity: 106 Univer- Department Rapid Response to School Vio- scenes and methamphetamine related crime sity Hall, Bowling Green, OH 43403. lence Program. The entity to receive the scenes; decrease the response time of officers Description of Request: $500,000 for moni- $48,000 in funding for this project is the Han- to hazmat accidents/crime scenes; increase toring of Lake Erie water quality with remote over Park Police Department, 2121 W. Lake public safety, and provide valuable atmos- sensing for Bowling Green State University Street, Hanover Park, IL 60133. It is my un- pheric samples that can later be used for and Heidelberg College, in partnership with derstanding that the funding would be used for criminal prosecutions. This shared resource the consortium partners of OhioView and the the Department to enhance its response to will leverage taxpayer dollars toward a more Great Lakes Environmental Research Labora- school violence capabilities through purchase efficient procurement of this atmospheric de- tory (GLERL). The funding will be used to con- of equipment, training, and realistic exercises. tection equipment.

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Congressman PETER J. ROSKAM: H.R. 2487, facilitate the continued fulfillment of its mission Description: Funding will support the oper- Department of Justice, Office of Justice Pro- of providing a safe haven for all children in cri- ation of the Billings Clinic Sexual Assault grams, Edward Byrne Memorial State and sis in Western Montana and meet increased Nurse Examiner (SANE) program specializes Local Law Enforcement Assistance Grant Pro- demand. in collecting evidence and caring for victims of grams account for the Advocate Good Samari- Requesting Member: Rep. DENNY REHBERG sexual assault. Billings Clinic’s SANE unit was tan Hospital Domestic Violence Program. The Bill Number: H.R. 2847 recently in March of 2007 and is the only unit entity to receive the $75,000 in funding for this Account: OJP–JJ in the service area. The SANE unit is project is Advocate Health Care, 2025 Wind- Name and Address: University of Montana, equipped with all necessary equipment for fo- sor Drive, Oakbrook, IL 60523. It is my under- University Hall 116; Missoula, MT 59812 rensic evidence collection and provides a safe standing that the funding would be used to Description: The Montana Safe Schools and private room specifically designed for vic- strengthen and expand the Hospital’s domes- Center (MSSC) will work with schools, state tims of sexual assault. tic violence program through greater outreach agencies and Tribes on the interrelated issues f and enhanced collaboration with more area of childhood trauma and victimization, suicide police departments. With the growing numbers prevention, threat assessment, behavioral EARMARK DECLARATION of reported domestic violence in DuPage health and bullying. County and throughout Illinois’ 6th Congres- Requesting Member: Rep. DENNY REHBERG HON. VERN BUCHANAN sional district, Advocate Good Samaritan Hos- Bill Number: H.R. 2847 OF FLORIDA Account: OJP–JJ pital (AGSH) seeks to further strengthen and IN THE HOUSE OF REPRESENTATIVES Name and Address: Youth and District expand its domestic violence program to en- Tuesday, June 16, 2009 sure that current and expected needs are met. Court Services Bureau, 301 South Park Ave- In addition, with this funding AGSH will be nue, Suite 328 Mr. BUCHANAN. Madam Speaker, pursuant Description: This project will integrate the able to expand its collaborative efforts with to the Republican Leadership standards on MONTS Program into the Montana Youth Jus- local police departments to include Lombard earmarks, I am submitting the following infor- tice System by training staff in the appropriate and Wheaton, complementing its current inter- mation regarding earmarks I received as part application and use of MONTS & OTTER Noti- action with Downers Grove. Additionally, of H.R. 2847, the Commerce, Justice, Science fications to divert Montana youth from custody AGSH will enhance training both internally and Appropriations Act, 2010: and into appropriate alternative solutions. for local agencies that serve as strategic Requesting Member: Congressman VERN Requesting Member: Rep. DENNY REHBERG points of entry: emergency departments, local BUCHANAN Bill Number: H.R. 2847 Bill Number: H.R. 2847 police departments, and faith-based organiza- Account: OJP Byrne tions. The federal government has recognized Account: NOAA—Operations, Research, Name and Address: East Helena Police De- and Facilities the serious public health threat that domestic partment, 316 East Main East Helena, Mon- violence poses to society through its Healthy Legal Name of Requesting Entity: Mote Ma- tana 59635 rine Laboratory People 2010 objectives, and the federal gov- Description: This funding will allow the East Address of Requesting Entity: 1600 Ken ernment has sought and is seeking a reduc- Helena Police Department to hire Certified Po- Thompson Parkway, Sarasota, Fl. 34236 tion in the rate of physical assault by current lice Officers. Description of Request: I secured or former intimate partners. AGSH seeks to Requesting Member: Rep. DENNY REHBERG help achieve this important federal objective. Bill Number: H.R. 2847 $1,500,000 for Science Consortium for Ocean This project meets the objectives of the Bu- Account: COPS Tech Replenishment (SCORE) at Mote Marine Lab- reau of Justice Assistance by encouraging the Name and Address: Yellowstone County oratory. development and implementation of strategies Sheriff’s Office, P.O. Box 35017, Billings, Mon- SCORE is a multi-state initiative for the re- to reduce and prevent crime and violence, tana 59107 covery of the nation’s ocean fisheries. Its ap- drawing in community participation, and pro- Description: The mobile digital video camera proach is to replenish diminishing marine fish- viding technical assistance. project will fund the purchase of new mobile eries stocks based on scientific protocols de- f video digital cameras to augment current sys- veloped through a highly coordinated national tems and replace VHS formatted video sys- effort focused on demonstration of successful EARMARK DECLARATION tems. The information that is recorded can be stock enhancement. This fast-track strategy used as evidence in court proceedings, assist has the potential to be more cost-effective and HON. DENNY REHBERG the prosecution of D.U.I. arrests, gang activity, timely than policy measures traditionally used OF MONTANA traffic and criminal offenses. to conserve and sustain ocean resources. IN THE HOUSE OF REPRESENTATIVES Requesting Member: Rep. DENNY REHBERG f Tuesday, June 16, 2009 Bill Number: H.R. 2847 IN MEMORY OF VIRGINIA APGAR Account: OJP Byrne OF WESTFIELD, NJ Mr. REHBERG. Madam Speaker, pursuant Name and Address: Gallatin County, 311 to the Republican Leadership standards on West Main Street, Bozeman, MT, 59715 earmarks, I am submitting the following infor- Description: This funding will allow the Gal- HON. LEONARD LANCE mation regarding earmarks I received as part latin Country Treatment Court to expand the OF NEW JERSEY of H.R. 2847, the Fiscal Year 2010 Com- capacity of our program by adding case man- IN THE HOUSE OF REPRESENTATIVES merce, Justice, Science Appropriation Act: agement, mental health access, treatment ac- Tuesday, June 16, 2009 Requesting Member: Rep. DENNY REHBERG cess, and housing and education assistance Bill Number: H.R. 2847 for program participants willing to seriously ad- Mr. LANCE. Madam Speaker, I rise today in Account: OJP–JJ dress their chemical dependency issues. honor of Dr. Virginia Apgar of Westfield, New Name and Address: Watson Children’s Requesting Member: Rep. DENNY REHBERG Jersey to celebrate her life and achievements Shelter, 2901 Fort Missoula Road, Missoula, Bill Number: H.R. 2847 with her family and friends, and with my col- Montana 59804 Account: COPS Meth leagues here in the United States Congress Description: The Watson Children’s Shelter Name and Address: Montana Meth Project, and with the American people. (WCS) is Western Montana’s only emergency PO Box 8944, Missoula, MT 59807 Were she still alive today Dr. Apgar would children shelter, serving nearly 100 children Description: Funding will support the Mon- have observed her 100th birthday this month. per year who escape from abuse, neglect, tana Meth Project campaign’s commitment to Born on June 7, 1909, Dr. Apgar enjoyed a abandonment, family crisis, and other trau- solve the meth usage problem using preven- long distinguished career in medicine, edu- matic situations. The substantial population tion as the first line of defense. cation, public health and devoted a significant growth in Western Montana coupled with the Requesting Member: Rep. DENNY REHBERG amount of efforts to preventing birth defects of subsequent increase in methamphetamine Bill Number: H.R. 2847 infants around the world. abuse, poverty, and related issues has signifi- Account: OJP Byrne Educated at Mount Holyoke College and cantly increased the need for children-oriented Name and Address: Billings Clinic, PO Box Columbia University, she became the director emergency shelter services. This request will 31031, Billings, MT 59107 of anesthesiology at Columbia University’s

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15501 College of Physicians and Surgeons in 1938. the toxic production laboratories, Hillsborough EARMARK DECLARATION In 1949, Dr. Apgar became the first full-time County will use this funding to combat this professor of her gender at Columbia Univer- problem through meth prevention, treatment HON. RON PAUL sity, overcoming the challenges for exception- and the cleanup of drug sites. OF TEXAS ally talented women in higher education. f IN THE HOUSE OF REPRESENTATIVES While millions of parents around the world in the last half of this century may not have PERSONAL EXPLANATION Tuesday, June 16, 2009 known Dr. Apgar, they do know her last name Mr. PAUL. Madam Speaker, pursuant to the well. The Apgar Score—which she created in HON. PAUL C. BROUN House Republican standards on earmarks, I 1952—is a straightforward and efficient sys- OF GEORGIA am submitting the following information re- tem designed to evaluate the vital signs of garding an earmark I obtained as part of H.R. IN THE HOUSE OF REPRESENTATIVES newborns at birth. It is still in use today 2487. around the world. Tuesday, June 16, 2009 Requesting Member: Congressman RON The method she developed was the first Mr. BROUN. Madam Speaker, yesterday, I PAUL time in public health that addressed the needs was unable to vote on the following bills: H. Bill Number: H.R. 2487 of newborns in the very early minutes of their Res. 430, H.R. 2325, H.R. 729, and H. Res. Account: NASA life after birth. The Apgar Score measures a 540. If I had been able to make these votes, Legal Name of Requesting Entity: Bay Area newborn’s appearance, pulse, grimace, activity I would have voted ‘‘yea’’ on H. Res. 430, Houston Economic Partnership and respiration. It has helped predict newborn ‘‘yea’’ on H.R. 2325, ‘‘nay’’ on H.R. 729, and Address of Requesting Entity: 2525 Bay survival and reduce infant mortality. Her efforts ‘‘yea’’ on H. Res. 540. Area Blvd., Suite 640, Houston, TX 77058 have changed the lives of millions. Description of Request: An earmark of Dr. Apgar was a dedicated advocate of the f $1,000,000 to fund the Bay Area SATOP pro- March of Dimes. She initiated programs to TRIBUTE TO COACH JACK DOSS gram to transfer the knowledge and tech- promote rubella immunization for infants and AND THE S.R. BUTLER HIGH nology of the U.S. Space Program to small helped convene the first Committee on Pre- SCHOOL BASKETBALL TEAM businesses. SATOP provides technical assist- natal Health, which produced a milestone ance to small businesses. study on the regionalization of pre-natal care f in the United States in 1976. HON. PARKER GRIFFITH While Dr. Virginia Apgar is not with us OF ALABAMA PERSONAL EXPLANATION today, I would like to commend her for her life- IN THE HOUSE OF REPRESENTATIVES time of achievements. Not only do parents Tuesday, June 16, 2009 HON. CAROLYN McCARTHY around the world appreciate her Apgar Mr. GRIFFITH. Madam Speaker, I rise today OF NEW YORK Scores, she has made numerous contributions to recognize Coach Jack Doss and the S.R. IN THE HOUSE OF REPRESENTATIVES to infant health. Butler High School basketball team from Tuesday, June 16, 2009 It is my pleasure to remember Virginia Huntsville, Alabama. Along with assistant Apgar on the anniversary of her 100th birthday Mrs. MCCARTHY of New York. Madam coaches Charlie Steele, Terry Mitchell, Arthur and share her wonderful life story with my col- Speaker, yesterday, I missed one vote. Had I Wesley and Michael Freeman, Coach Doss leagues in the United States Congress and been present, I would have voted on the fol- led the Rebels to a second straight 5A State with the American people. lowing: Rollcall No. 337, on the motion to sus- Basketball Championship and Butler’s fourth f pend the rules and pass H.R. 2325, to des- of the past six years. ignate the facility of the United States Postal EARMARK DECLARATION Though one of the smallest high schools in Service located at 1300 Matamoros Street in Division 5A, S.R. Butler High School has al- Laredo, Texas, as the ‘‘Laredo Veterans Post HON. ADAM H. PUTNAM ways upheld the highest standards of excel- Office,’’ I would have voted ‘‘yea.’’ lence in all its endeavors, and this team of OF FLORIDA f outstanding athletes is no exception. IN THE HOUSE OF REPRESENTATIVES I commend the leadership of Principal Jac- IN HONOR OF REV. JOSEPH Tuesday, June 16, 2009 queline Wyse and Coach Doss on their suc- ROBERSON FOR HIS SERVICE TO Mr. PUTNAM. Madam Speaker, pursuant to cessful careers with Butler High and look for- SOUTH COLUMBUS UNITED the Republican Leadership standards on ear- ward to the continuation of a tradition of solid METHODIST CHURCH marks, I am submitting the following informa- and consistent performance in academics and tion regarding earmarks I received as part of athletics. HON. SANFORD D. BISHOP, JR. Madam Speaker, I congratulate Coach Doss H.R. 2847, the Commerce, Justice, Science, OF GEORGIA and the entire S.R. Butler High School admin- and Related Agencies Appropriations Act of IN THE HOUSE OF REPRESENTATIVES 2010: istration and staff for their commitment to Tuesday, June 16, 2009 Requesting Member: Congressman ADAM H. achieving this championship. PUTNAM f Mr. BISHOP of Georgia. Madam Speaker, I Bill Number: H.R. 2847 rise today to honor the Reverend Joseph Account: Department of Justice-Community PERSONAL EXPLANATION Roberson of Columbus, Georgia, who has for Oriented Policing Services (COPS) Meth the past 15 years served with unwavering love Project Funding Amount: $250,000 HON. DONALD A. MANZULLO and devotion as the Senior Pastor of South Legal Name of Requesting Entity: OF ILLINOIS Columbus United Methodist. On June 17, Hillsborough County IN THE HOUSE OF REPRESENTATIVES 2009, Reverend Roberson will resign his pas- Address of Requesting Entity: 3110 Clay toral duties to serve as the Statesboro District Mangum Lane, Tampa, Florida 33618 Tuesday, June 16, 2009 Superintendent, where he will minister to 82 Description of Request: On behalf of Mr. MANZULLO. Madam Speaker, on Mon- churches and 53 pastors. Hillsborough County, I respectfully requested day, June 15, 2009, I was unable to return to Under Reverend Joseph Roberson’s leader- $250,000 in funding for the County’s Meth- Washington in time to vote because of air- ship these past 15 years, South Columbus amphetamine Enforcement and Cleanup plane mechanical problems. If I was here, I United Methodist has grown from 45 members project. Methamphetamine use and distribution would have voted ‘‘yea’’ on Rollcall No. 336, to now more than 800 members. It established is a major problem in the Tampa Bay/ ‘‘yea’’ on Rollcall No. 337, ‘‘no’’ on Rollcall No. a Hispanic Ministry and added an Associate Hillsborough County area. Realizing that meth- 338, because while the bill has a noble goal, Pastor to the church leadership team. Rev- amphetamine has clear and tragic con- the legislation imposes yet another federal erend Roberson has touched many lives sequences, whether it’s the obvious striking mandate on local schools, and ‘‘yea’’ on Roll- through his ministry at South Columbus United physical and mental affects or the cleanup of call No. 339. Methodist. To his parishioners, he is a pastor,

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15502 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 an evangelist, a prophet, a teacher, a coun- the acquisition of infrastructure equipment that the immigrants he serves. His colleagues, his selor, and a friend. will enhance emergency response time. The employees, and the public all respect Bill for A native of Waynesboro, Georgia, Reverend Glendale Police Department currently uses a his efforts to provide excellent service: a rare Roberson first joined the ministry in 1978 with Computer Aided Dispatch (CAD) and Records distinction. the Statesboro District of the South Georgia Management System (RMS) which was built Bill McNamee’s commitment to public serv- Conference of the United Methodist Church in-house in the mid-1980s. The system is dif- ice is also evident in his work with the Federal (UMC). Over the next 16 years, his career ficult to work with and sometimes it is not pos- Executive Board. The Board coordinates all took him from there to the West Point Parish sible to make changes that reflect the current federal, state, and local government organiza- (1980–1983), Speedwell UMC in Savannah, needs of the Police Department. This project tions to ensure that every agency is better Georgia (1983–1985), Council on Ministries will make the technology improvements nec- prepared for emergencies. Due to Bill’s dedi- (1985–1991), the National Black Methodists essary to meet the Glendale area’s increasing cation to this mission, he was instrumental in for Church Renewal in Dayton, Ohio (1991– public safety needs. obtaining permanent congressional funding for 1994), and finally to the South Columbus UMC (2) Recipient: City of Surprise, Arizona, the Board. in 1994. 12435 W. Bell Rd, Surprise, AZ 86442 It is an honor for me to recognize Director I appreciate the impact that Reverend Jo- Budget designation: $200,000 McNamee for his service and for providing a seph Roberson and the South Columbus The purpose of this budget designation is to heroic example to us all. United Methodist Church have made on the aid the Police Department of the City of Sur- f city of Columbus. The church has become a prise in keeping the City of Surprise safe from spiritual pillar of the Columbus community criminals. The Police Department of the City of PERSONAL EXPLANATION reaching out to those in need and comforting Surprise has grown significantly over the past those who are suffering. few years in its service provided to the com- HON. J. GRESHAM BARRETT I am truly honored to be able to call Rev- munity. In 2008, the department reported an OF SOUTH CAROLINA erend Roberson a fellow Georgian. His faith- increase of over 12 percent in total incidents, IN THE HOUSE OF REPRESENTATIVES fulness and dedication are rare traits. I thank increasing from 81,332 in 2007 to 92,596 in Tuesday, June 16, 2009 him for his years of service at South Colum- 2008. Citizen calls for service made up a total bus United Methodist and I wish him God- of 41,372 of the 2008 total incidents. Total in- Mr. BARRETT of South Carolina. Madam speed in the next phase of his life. cidents include the public calls for service, but Speaker, unfortunately I missed recorded f also include the activities of officers such as votes on the House floor on Friday, June 12, viewed crimes and arrests, traffic enforcement, 2009. EARMARK DECLARATION and other community contacts. The funds will Had I been present, I would have voted be used to upgrade 75 mobile data computers ‘‘nay’’ on rollcall vote No. 335 (On Motion to HON. TRENT FRANKS and purchase in-car cameras to help keep the Concur in the Senate Amendment to H.R. OF ARIZONA West Valley safe from criminal predators. 1256). IN THE HOUSE OF REPRESENTATIVES f f Tuesday, June 16, 2009 TRIBUTE TO WILLIAM D. RECOGNIZING THE FIFTH ANNI- Mr. FRANKS of Arizona. Madam Speaker, MCNAMEE VERSARY OF ‘‘BEAT THE ODDS’’ pursuant to the Republican Leadership stand- IN LOUDOUN COUNTY, VIRGINIA ards on earmarks, I am submitting the fol- HON. DAVID WU lowing information regarding earmarks I re- OF OREGON HON. FRANK R. WOLF ceived as part of H.R. 2847: Commerce, Jus- IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA tice, Science, and Related Agencies Appro- IN THE HOUSE OF REPRESENTATIVES priations Act, 2010. Tuesday, June 16, 2009 (1) Recipient: City of Glendale, Arizona, Mr. WU. Madam Speaker, I rise today to Tuesday, June 16, 2009 5850 W. Glendale Avenue, Glendale, AZ pay tribute to U.S. Citizenship and Immigration Mr. WOLF. Madam Speaker, I rise today to 85301 Service Field Office Director William D. recognize the fifth anniversary of the ‘‘Beat the Budget designation: $1,000,000 McNamee. Director McNamee will be retiring Odds’’ program in Loudoun County, Virginia. I The purpose of this budget designation is to in July 2009 after thirty years of service to our am honored to recognize this important pro- upgrade and enhance the computer aided dis- country. gram in the 10th District of Virginia. patch and records management system that is Former Oregon Governor Tom McCall once ‘‘Beat the Odds’’ is a national scholarship used by law enforcement to respond to emer- said, ‘‘Heroes are not giant statues framed program that was initiated by the Children’s gencies in the Glendale community. These up- against a red sky. They are people who say, Defense Fund in 1990 to celebrate the posi- grades will include modules for booking, ‘This is my community, and it is my responsi- tive potential of young people and further their records management, dispatch, homeland se- bility to make it better.’ ’’ Bill McNamee truly is dreams of higher education. In 2004, several curity, court/prosecutors and wireless ticketing, an American hero, for he has devoted much of organizations in Loudoun County came to- as well as automatic vehicle location, a sys- his life to making his country and community gether to organize the Loudoun chapter of tem that is currently used by the fire depart- better. ‘‘Beat the Odds.’’ These organizations include: ment which results in a much quicker re- Bill McNamee began his career with legacy the Bar Association, the Department of Mental sponse to calls and includes mapping so that Immigration and Naturalization Service (INS) Health, Mental Retardation and Substance officers can be directed to the call location. as an inspector in Calais, Maine, in July 1978. Abuse Services, the Department of Family Over the past several years, the City of Glen- During the next thirty years, Bill worked not Services, the Sheriff’s Office, Juvenile Court dale has become an entertainment and sports only in the United States, but also in Canada Services, the Public Defender’s Office, and the destination. The City is home to the University and Germany. As the INS officer in charge in Commonwealth Attorney’s Office. of Phoenix Stadium, a 73,000-seat multi-pur- Frankfurt, Germany, from June 1998 to July Since the first awards were given in 2005, pose facility which hosts the NFL Cardinals 2001, one of Bill’s many successes was help- the Loudoun Chapter has presented over football games, the Fiesta Bowl, an annual ing approximately 60,000 Bosnian refugees $40,000 in scholarships and merit awards to BCS Game and just hosted the 2008 Super obtain permanent resettlement in the United 18 deserving high school seniors from across Bowl. The adjoining Jobing.com arena is States. His commitment and empathy for this Loudoun County. These young people have home to the NHL Phoenix Coyotes and hosts vulnerable population was extraordinary and overcome tremendous challenges and obsta- numerous events and concerts. The national deserves to be recognized. cles in their daily lives to become role models and regional events held at these facilities In my home state of Oregon, we were fortu- in their communities. Their drive to succeed have significantly increased the public safety nate to have Bill McNamee assigned to our and inner strength make them truly remark- needs and demands on the City of Glendale. INS Office in 2001. He became district director able individuals. In order to protect the public that attends in 2004 and has led this office with compas- Each May, awardees are honored and rec- these events, the City of Glendale is pursuing sion, integrity, and a sense of dedication to ognized in a ceremony at the Old Courthouse

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15503 in Leesburg. I had the privilege of attending John Warms also coached several middle Anniversary of the Inland Northwest Chapter this year’s ceremony, which was held on May and high school soccer and baseball teams, of the American Red Cross. The Red Cross 28. This year’s honorees were: Breon Earle, traveling soccer and baseball teams, and was gained national recognition in 1881 through Broad Run High School; Ahsanul Haque, Do- the president of the Montgomery High School the efforts of its founder, Clara Barton. The In- minion High School; Joseph Williams, Domin- Booster Club. land Northwest Chapter of the Red Cross, es- ion High School; Marlen Santos, Loudoun Val- John is survived by his beloved wife of 44 tablished in 1914, has continued to carry out ley High School, and Jessica Murray, Loudoun years, Peg, and children Christopher of Ham- its founder’s mission to provide disaster relief Valley High School. ilton, Peter and Joanne of Lambertville and and to prevent, prepare for, and respond to I ask that my colleagues join me in con- Annie of Lawrenceville. Also surviving are emergencies on local, national, and inter- gratulating these outstanding students and three delightful grandsons, Tanner Kell, Cole national levels. recognize their achievements, as well as the and Thomas Warms. Responding to its 1905 Congressional Char- continuing legacy of ‘‘Beat the Odds’’ in Thank you John Warms for your contribu- ter to ‘‘serve as a medium between the citi- Loudoun County. tions to the Montgomery community and New zens of the United States and the Army and f Jersey as a whole. You will be greatly missed. the Navy,’’ the Inland Northwest Chapter has f been active in providing relief in all major IN HONOR OF MONTGOMERY’S EARMARK DECLARATION international conflicts of the past century. The JOHN V. WARMS organization demonstrated its dedication in HON. ADAM H. PUTNAM WWI by raising funds and providing hospitality HON. LEONARD LANCE services and during the Second World War by OF FLORIDA OF NEW JERSEY providing clothing, supplies, medical aid, and a IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES portion of much needed blood donations to Tuesday, June 16, 2009 Tuesday, June 16, 2009 members of our armed forces. Following the Mr. PUTNAM. Madam Speaker, pursuant to end of the Vietnam War, the Inland Northwest Mr. LANCE. Madam Speaker, I rise in honor the Republican Leadership standards on ear- Chapter participated in a massive resettlement of Montgomery Township’s John V. Warms marks, I am submitting the following informa- program for Vietnamese refugees. who passed away June 13 at the age of 71. tion regarding earmarks I received as a part of In addition to providing aid during inter- Born and raised in Newark, NJ, John H.R. 2847, the Commerce, Justice, Science, national conflicts, volunteers from the Inland Warms was a resident of the Skillman section and Related Agencies Appropriations Act of Northwest Chapter have assisted victims of of Montgomery for more than 36 years. 2010: national disasters since the Great Depression, A graduate of Carteret Academy, Montclair Requesting Member: Congressman ADAM H. when the Red Cross transferred wheat sur- State College and Seton Hall University, John PUTNAM pluses throughout the country. Recently, the spent 32 years with the New Jersey Education Bill Number: H.R. 2847 organization has alleviated suffering after na- Association as a field representative, nego- Account: Department of Justice—Office of tional emergencies such as the bombing of tiator and teacher rights case manager. Justice Programs (OJP)—Juvenile Justice the Federal Building in Oklahoma City, the ter- He was also an active member of state and Project Funding Amount: $250,000 rorist attacks of 9/11, and Hurricane Katrina. national education professional associations. Legal Name of Requesting Entity: Polk This year, the chapter is working to Mr. Warms is known for developing special County Sheriff strengthen ties with local members of the mili- national projects such as ‘‘Read Across Amer- Address of Requesting Entity: 455 North tary, by establishing an office at Fairchild Air ica’’ and Drug-Free School Zones. And he Broadway Avenue, Bartow, Florida 33830 Force Base and by making weekly visits to the Description of Request: The Polk County helped to establish the Paul Demetrious Fund, Spokane VA Medical Center. Historically, the Sheriff’s Office has placed an earmark request and with the help of his friends and neighbors Red Cross has played a key role in helping of $250,000 in order to supplement funding for established the National Staff Organization deployed soldiers communicate with their fam- the Polk County Gang Prevention Initiative. and served as its president for 25 years. ilies. This July, the Inland Northwest Chapter This critical program will continue work to Throughout this lifetime, John received plans to expand their services by moving thwart gang activity in Central Florida. Accord- many awards, most importantly the ACLU these communications in-house. Other ongo- ing to the Polk County Sheriffs Office (PCSO) Roger Baldwin Civil Liberties Award. Following ing chapter activities include education and Gang Unit, there are currently 16 known na- retirement, John was a vice-president of preparation for emergencies and 24-hour sup- tional gangs and 24 known local ‘‘hybrid’’ Teachscape, a professional development com- port for disaster victims, especially those af- gangs operating in the Polk County area. pany for teachers. fected by house fires. Funding for this project will expand the PCSO He also represented New Jersey Probation Madam Speaker, I believe the dedication current anti-gang programs in Polk County to Officers and served as a legal consultant for shown by the Inland Northwest Chapter of the investigate, document, coordinate, and sup- the Klausner Hunter law firm. Most recently, American Red Cross and their ongoing efforts press gang related activity. Currently, the Polk John served as special assistant to the presi- to prevent, prepare for, and assist in the most County Sheriff’s Office has a specialized Gang dent of Raritan Valley Community College for critical disaster situations are worthy of rec- Unit which will utilize the federal dollars to de- developmental projects. ognition before this body. I invite my col- velop strategies to combat gangs through John Warms’ passion for education and ad- leagues to join me in honoring the Inland community patrols. Funding will also be used vocacy for teachers and students came from Northwest Chapter of the American Red Cross toward the creation of presentations directed his personal experiences—he was himself a by observing and celebrating 95 years of self- at children, adults, parents, teachers, school teacher at Winfield Park and Piscataway less dedication to service. administrators, and other law enforcement offi- school systems. f John Warms was a bedrock in the commu- cials to educate individuals on the threats nity in which he lived. He served three terms posed by gang activity and to promote overall EARMARK DECLARATION on the Montgomery Township Committee with awareness in an effort to reduce gang activity his most recent term ending in 2007. John and violence. HON. BRIAN P. BILBRAY f Warms proudly served as mayor of Mont- OF CALIFORNIA gomery during 1992. STATEMENT BY THE HONORABLE IN THE HOUSE OF REPRESENTATIVES John’s civic involvement also included liai- CATHY MCMORRIS RODGERS sons with the Montgomery Police Department Tuesday, June 16, 2009 and Recreation Committee; Skillman Village HON. CATHY McMORRIS RODGERS Mr. BILBRAY. Madam Speaker, I submit the negotiations with New Jersey; Route 206 following: OF WASHINGTON modifications, and served on the Planning Requesting Member: Congressman BRIAN IN THE HOUSE OF REPRESENTATIVES Board. He was a member of the Princeton BILBRAY B.P.O. Elks, and was a leader in the ‘‘Oper- Tuesday, June 16, 2009 Bill Number: H.R. 2847, Commerce, Justice, ation Friends’’ campaign to provide relief for Mrs. MCMORRIS RODGERS. Madam Science, and Related Agencies Appropriations Hurricane Katrina victims in Alabama. Speaker, I rise today to recognize the 95th Act, 2010

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15504 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 Account: Department of Justice, Byrne Jus- Account: Byrne Discretionary Grant Program EARMARK DECLARATION tice Assistance Grants Legal Name of Requesting Entity: San Legal Name of Requesting Entity: City of Diego County, District Attorney Carlsbad HON. J. RANDY FORBES Address of Requesting Entity: 1200 Carls- Address of Requesting Entity: 330 West OF VIRGINIA bad Village Drive, Carlsbad, CA 92008 Broadway, San Diego, CA 92101 IN THE HOUSE OF REPRESENTATIVES Description of Request: I received an ear- Description of Request: I secured $200,000 Tuesday, June 16, 2009 mark of $300,000 for the City of Carlsbad to for the San Diego County District Attorney’s construct the first Joint Fire and Police training Gang and Drug Crime Investigation and Pros- Mr. FORBES. Madam Speaker, pursuant to center in North San Diego County, providing the Republican Leadership standards on ear- an unparalleled opportunity for first responders ecution unit. This proposal for $200,000 is marks, I am submitting the following informa- to train together and deliver enhanced and co- consistent with the statutory purpose and tion regarding earmarks I received as part of ordinated safety for the citizens of our region. goals of the Byrne Discretionary Grant Pro- H.R. 2847, the Commerce, Justice, Science, Regional public safety collaboration will result gram. Investigation and prosecution of drug and Related Agencies Appropriations Act of in better training, yielding stronger and more and gang-related crime in the District Attor- 2010. coordinated responses by fire, police, public ney’s Office is manpower-intensive. A sub- works, FBI, DEA and other North County law stantial number of cases brought to the office Requesting Member: Congressman J. RANDY FORBES enforcement agencies. This project will also come from Federal law enforcement, often better prepare a coordinated, unified response due to the inability or unwillingness of the U.S. Bill Number: H.R. 2847 to large-scale disasters and fires in the region. Attorney’s Office to take certain cases. Deputy Account: Commerce, Justice, Science Requesting Member: Congressman BRIAN District Attorneys work hand in hand with Spe- Legal Name of Requesting Entity: Chester- BILBRAY cial Agents of the Drug Enforcement Adminis- field County Police Department Bill Number: H.R. 2847, Commerce, Justice, Address of Requesting Entity: 10001 Iron Science, and Related Agencies Appropriations tration to investigate narcotics trafficking activ- Bridge Road, Chesterfield, VA, 23832, USA Act, 2010 ity, much of which originates in Mexico. These Account: Department of Justice, Office of investigations, many of which involve tech- Description of Request: Provides $930,000 Justice Programs, Byrne Justice Assistance nically and legally complex wiretaps of extraor- to improve officer communications through the Legal Name of Requesting Entity: City of dinary scope and duration, require an ever-in- acquisition of floor mounted car radios. These Escondido creasing number of Deputy District Attorneys, floor mounted radios will increase the safety of Address of Requesting Entity: 201 North as narcotics traffickers, and the attorneys they police officers as well as citizens. Broadway, Escondido, CA 92025 retain for their defense, become more sophisti- Requesting Member: Congressman J. Description of Request: I received an ear- cated. RANDY FORBES mark of $200,000 for the Escondido Police Bill Number: H.R. 2847 Requesting Member: Congressman BRIAN Department to fund new Mobile Data Com- Account: Commerce, Justice, Science puters. Mobile Data Computers (MDCs) en- BILBRAY Legal Name of Requesting Entity: City of hance emergency communications and sup- Bill Number: H.R. 2847, Commerce, Justice, Suffolk Police Department port electronic messaging between police ve- Science, and Related Agencies Appropriations hicles. Officers are dependent on this tech- Act, 2010 Address of Requesting Entity: 120 Henley nology to be responsive to emergencies and Place, Suffolk, VA, 23434, USA have the necessary information to operate Account: COPS Technology Grant Program Description of Request: Provides $70,000 to safely. Vehicles with new MDCs will increase Legal Name of Requesting Entity: County of fund the purchase of Emergency Medical Dis- officer communications and enable them to San Diego, Sheriff’s Department patching Software. Giving emergency medical interface with Escondido’s new CAD system Address of Requesting Entity: 9621 information to a caller with a medical situation with its GPS feature. During a large, regional by a dispatcher is considered an industry Ridgehaven Court, San Diego, CA 92123 emergency (e.g. a wildfire scenario) the Emer- standard. gency Operations Center and 911 dispatch Description of Request: I secured center will be able to visually determine where $1,200,000 for the San Diego County Sheriff f every Police and Fire unit is located and posi- Department’s Regional Communications Sys- tion them more effectively. tem Upgrade. This proposal for $1,200,000 is PERSONAL EXPLANATION The Police Department currently maintains consistent with the statutory purpose and approximately 160 Mobile Data Computers. goals of the COPS Technology Discretionary HON. HOWARD COBLE About 40 percent of these are three to four Program. The Sheriff’s continued vision is to OF NORTH CAROLINA years old and are used beyond the manufac- increase and improve data sharing, automate turers warranty period. Although these MDCs officer alerts and notifications, improve dis- IN THE HOUSE OF REPRESENTATIVES are still in the field and functioning, they are aster preparedness, and deliver more intel- very costly to maintain. Not surprisingly, the Tuesday, June 16, 2009 ligence to officers and first-responders. The successful deployment of the mobile laptop Mr. COBLE. Madam Speaker, yesterday my Sheriff’s Department, with assistance from computers also has created a demand for in- flight was delayed and I missed the four sus- creased access to new applications (e.g. Auto- Federal and local agencies has, over several pension votes. years, undertaken technology projects tar- mated Field Reporting) and regional law en- On rollcall No. 336—H. Res. 430—Express- geting this vision. These enhancements pro- forcement databases (e.g. ARJIS, CLETS), ing condolences to the citizens of Italy and which puts a strain on these older mobile vide law enforcement with rapid access to crit- support for the Government of Italy in the computers. Pushing these older mobile com- ical information and knowledge with less aftermath of the devastating earthquake that puters to the edge of their limits makes it dif- human intervention producing quicker results struck the Abruzzo region of central Italy, I ficult to maintain the reliability necessary for with greater accuracy. This phase of the would have voted ‘‘Aye.’’ public safety operations. More importantly, SDLaw Infrastructure Program will expand the On rollcall No. 337—H.R. 2325—To des- some of the desired applications (ARJISNet, search and aggregation of intelligence from SDLaw, CalPhoto, new CAD system) simply ignate the ‘‘Laredo Veterans’’ Post Office in even more data repositories, add additional cannot be accommodated on the older exist- Laredo, Texas, I would have voted ‘‘Aye.’’ ing MDCs. business logic, further automate data mapping On rollcall No. 338—H.R. 729—Phylicia’s Requesting Member: Congressman BRIAN and workflow, further improving visualization of Law, I would have voted ‘‘No.’’ BILBRAY the information resulting from this conver- On rollcall No. 339—H.Res. 540—Express- Bill Number: H.R. 2847, Commerce, Justice, gence of data from State, Local, and Federal ing condolences to families affected by Science, and Related Agencies Appropriations systems and now with the inclusion of County ConAgra Foods Plant Explosion in Gamer, Act, 2010 justice case management systems. North Carolina, I would have voted ‘‘Aye.’’

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15505 RECOGNIZING THE HOWARD COL- According to the National Council on Prob- My first request, totaling $250,000, will LEGE HAWKS 2009 JUNIOR COL- lem Gambling, approximately 6–9 million come from the Community Oriented Policing LEGE NATIONAL BASEBALL American adults meet the criteria for a gam- Services technology account at the Depart- CHAMPIONSHIP bling problem, which includes gambling behav- ment of Justice for the City of Rockford, Illinois ior patterns that compromise, disrupt or dam- to acquire a new Records Management Sys- age personal, family or vocational pursuits. HON. RANDY NEUGEBAUER tem and new crime fighting software for their Over the past decade, gaming and gambling OF TEXAS police department to assist them in identifying, IN THE HOUSE OF REPRESENTATIVES has grown in the United States and many deploying, and effectively apprehending crimi- Tuesday, June 16, 2009 states have expanded legalized gaming, in- cluding regulated casino-style games and lot- nals. A major component of Rockford’s crime Mr. NEUGEBAUER. Madam Speaker, I teries. The recent economic downturn only reduction strategy has been to utilize tech- proudly congratulate the Howard College compounds this situation as many states con- nology to improve productivity and deploy re- Hawks baseball team of Howard County Jun- sider relaxing gaming laws in an effort to raise sources in the most strategic and efficient ior College in Big Spring, Texas for winning state revenues. manner possible. This leveraging of tech- the 2009 Junior College National Baseball At the same time, the federal government nology will be a force multiplier for the City Championship. and most states have devoted very little, if and will help to reduce the crime rate in local The Hawks finished the season with a 63– any, resources to the prevention and treat- 1 record; the best record ever by a World Se- ment of compulsive gambling. Problem gam- neighborhoods. Rockford, and the surrounding ries championship team at any level of colle- bling can destroy a person’s career and finan- areas of Winnebago County, has long strug- giate baseball. The championship squad in- cial standing, disrupt marriages and personal gled with high per capita crime rates. While cludes sophomores Andrew Collazo, Jonathon relationships, and encourage participation in crime has recently fallen in Rockford, too Castillo, Tommy Vukovich, Nick Popescu, criminal activity. Currently, no federal agency many people still do not feel safe in their own Caleb Nine, Bryan Johns, Runey Davis, Kane has responsibility for coordinating efforts to neighborhoods and dare not cross into some- Kimrey, Hunter Hill, B.J. Armstrong, Dylan treat problem gambling. one else’s part of town. Plus, with the decline Cacciola, Monk Kreder, Chase Adams, Miles The Comprehensive Problem Gambling Act in the national economy and the local unem- Hamblin, Marvin Prestridge, David de la of 2009 would begin to address this deficiency ployment rate in Rockford reaching 14.5 per- Chapelle, Zach Neal, Jared Butler, William by designating the Substance Abuse and cent, higher crime rates may soon remerge. Calhoun, Corey Sartor, Anthony Collazo, Cody Mental Health Services Administration Henry, Juan Villarreal, and freshmen Kyle (SAMSHA) as the lead agency on problem This funding is needed to help the Rockford Padden, Tanner Ross, Zak Anderson, Blake gambling, allowing them to coordinate Federal police use modern technology to help them Barnes, Brandon Parrent, Landon Steinhagen, action. The legislation would allow SAMSHA confront the next challenges in law enforce- Stephen Niedwiecki, Joe Leftridge, MacKenzie to conduct research, develop guidelines for ef- ment. The entity to receive this funding is the Harrison, Duncan McGee, Burch Smith, Josh fective prevention and treatment programs, City of Rockford located at 425 East State Brewer. Led by head coach Britt Smith, the and provide assistance for community-based Street in Rockford, Illinois 61104. coaching staff includes assistant coaches J. services. In addition, this legislation would au- My second request, totaling $250,000, will Bob Thomas and Jack Geise. thorize annual appropriations of $200,000 for also come from the Community Oriented Po- Several players received individual recogni- a coordinated public awareness campaign, $4 tion for their outstanding performance. Runey million for an advisory commission to research licing Services technology account at the De- Davis and Miles Hamblin had the top fielding problem gambling, and $10 million for grants partment of Justice for the Office of the Sheriff average as the Hawks led the nation in team to state, local, and tribal governments and of Winnebago County, Illinois to purchase new fielding percentage. The NJCAA/Easton Divi- non-profit organizations to provide treatment modern, interoperable mobile radios to im- sion I Baseball Defensive Player of the Year and prevention programs. prove communications among multiple law en- award went to Hawk centerfielder Runey Legal gambling revenue, excluding most forcement agencies in several counties along Davis. Andrew Collazo was honored as the sports betting, poker and Internet gambling, Illinois-Wisconsin border. The radios currently tournament’s Most Valuable Player and Best has grown into an approximately $100 billion in use by the Sheriff’s Department operate on Defensive Player. William Calhoun was award- a year industry. In 2006, the IRS reported that older technology that the manufacturer no ed the Rawlings Big Stick Award with a reg- individuals claimed $27.902 billion in gambling longer supports replacement parts. Having ular season batting average of .527—the high- winnings on their income tax returns, resulting est in the nation. in $5.3 billion in federal tax revenue. I feel the new communications equipment will allow their Three of the Hawks were named to the All responsible action is to invest a modest field operations units to have direct commu- American team: designated hitter William Cal- amount (the five-year cost of this bill is less nications within their agency, as well as other houn, Pitcher Zach Neal, and Catcher Miles than one-fourth of 1 percent of the yearly fed- law enforcement agencies within Winnebago Hamblin. eral tax revenues from gambling) in prevention County and adjoining counties in northern Illi- With great support from the community, the and treatment efforts. nois and southern Wisconsin. This request will Hawks have brought home the national cham- While there may be disagreement over the help fulfill the Congressional mandate to have pionship to Big Spring. I applaud the Howard degree to which gambling should be regu- communications interoperability among first re- College Hawks for their hard work and suc- lated, we should all be able to support efforts sponders. The entity to receive this funding is cess. to minimize the negative effects of problem the Office of the Sheriff of Winnebago County f gambling. I look forward to working with my located at 650 West State Street in Rockford, colleagues to enact this important legislation. INTRODUCTION OF THE COM- Illinois, 61102. PREHENSIVE PROBLEM GAM- f Madam Speaker, I want to take this oppor- BLING ACT OF 2009 EARMARK DECLARATION tunity to thank the Chairman of the House Ap- HON. JAMES P. MORAN HON. DONALD A. MANZULLO propriations Committee, Representative DAVID OBEY, and the Ranking Minority Member, Rep- OF VIRGINIA OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES resentative JERRY LEWIS, and the Chairman of the CJS Appropriations Subcommittee, Rep- Tuesday, June 16, 2009 Tuesday, June 16, 2009 resentative ALAN MOLLOHAN, and the Ranking Mr. MORAN of Virginia. Madam Speaker, I Mr. MANZULLO. Madam Speaker, pursuant Minority Member, Representative FRANK rise today to introduce, along with Representa- to the Republican Leadership standards on WOLF, for working with me in a bipartisan tives LEE TERRY and FRANK WOLF, the Com- earmarks, I am submitting the following infor- manner to include these two critical law en- prehensive Problem Gambling Act of 2009, mation regarding the two earmarks I secured which would for the first time devote federal as part of H.R. 2847, Commerce, Justice, forcement requests in this spending bill. resources toward the prevention and treatment Science, and Related Agencies Appropriations of problem and pathological gambling. Act, 2010.

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15506 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 FIRST RXIMPACT DAY ON CAPITOL requests, I am submitting the following infor- Federal regulatory agencies, recognizing the HILL mation regarding congressionally directed ap- problem facing MSBs, have sought to address propriation projects I sponsored as part of this issue through agency guidance and regu- HON. CATHY McMORRIS RODGERS H.R. 2847, FY 2010 Commerce, Justice and latory changes, with little effect. OF WASHINGTON Science Appropriations Act. This legislation addresses this problem by enabling MSBs to self-certify their compliance IN THE HOUSE OF REPRESENTATIVES Agency/Account: NASA Amount: $1,000,000 with Bank Secrecy Act and Anti-Money Laun- Tuesday, June 16, 2009 Requesting Entity: Texas Tech University, dering requirements. Mrs. MCMORRIS RODGERS. Madam 2500 Broadway, Lubbock, TX 79409 This approach is not novel. Speaker, I rise today to acknowledge the first This funding will be used towards providing It is similar in principle to that used for inter- RxIMPACT Day on Capitol Hill. Advocates engineering support for extended human and national correspondent banking. from nearly 30 states travelled to the Wash- robotic space flight missions, which will di- It would not relieve banks of their due dili- ington, DC area on June 16–17 to talk about rectly contribute to NASA’s initiative of return- gence responsibilities with regard to their MSB the contribution they make in providing quality ing to the moon and going to Mars. For customers, rather, it would permit appropriate healthcare in over 50,000 community phar- human and robotic missions, the Center for reliance on self-certification to relieve banks of macies operating nationwide. These advo- Space Sciences is addressing the need for a being the de facto regulators only of MSBs’ cates are participating in this event to urge decreased reliance on mission control due to Bank Secrecy Act and Anti-Money Laundering members of Congress to recognize the value the communication delays that occur in long compliance. of pharmacies and make these ‘‘most acces- distance missions. The mechanics of this self-certification will sible’’ experts full participants in any innova- f be handled by regulations set forth by the tive health care delivery system and coordi- Secretary of the Treasury and the certification nated care model that is included in health MONEY SERVICE BUSINESS ACT will be filed with the financial institution where care reform legislation. OF 2009 the MSB has a commercial account. Pharmacists are on the frontline of deliv- I do want to mention that even with the im- ering quality, affordable health care. Today, HON. CAROLYN B. MALONEY plementation of the self-certification; MSBs there are more than 254,000 licensed phar- OF NEW YORK would continue to be responsible for com- plying with all other existing provisions of the macists in the United States who work to im- IN THE HOUSE OF REPRESENTATIVES Bank Secrecy Act and will continue to be the prove health care throughout delivery systems Tuesday, June 16, 2009 across the country, including community phar- subject of rigorous on-site examinations by macies, hospitals, nursing homes, hospice Mrs. MALONEY. Madam Speaker, today I IRS examiners. MSBs are also State-regulated centers and in a patient’s own home. Ninety- am introducing the ‘‘Money Service Business in many jurisdictions. five percent of all Americans live within five Act of 2009’’. This is bipartisan legislation that Currently, 28 States and the District of Co- miles of a retail or community pharmacy. It be- has been cosponsored by the Ranking Mem- lumbia require MSB’s to be licensed and/or comes a place where community members ber of the Financial Services Committee, regulated by State banking agencies. Both MSBs and the Financial Institutions can ask questions, receive medications from Spencer BACHUS of Alabama as well as the banking them will still be required to fully com- pharmacists they know and trust, purchase Chair and Ranking Member of the Financial ply with all other aspects of the Bank Secrecy prescription drugs at lower prices, and receive Institutions and Consumer Credit Sub- Act, including the filing of Suspicious Activity personal and knowledgeable service. committee, Congressmen LUIS GUTIERREZ of As the face of neighborhood health care, Illinois and JEB HENSARLING of Texas and the Reports and Currency Transaction Reports. Any violation of their certification would pharmacists across the nation are uniquely Ranking Member of the Oversight and Inves- render the same civil and criminal penalties qualified to help patients manage their condi- tigations Subcommittee, JUDY BIGGERT of Illi- provided for by the Bank Secrecy Act and tions through medication, including monitoring nois. other Anti-Money Laundering Provisions. their prescription use. Appropriate medication Last Congress, this bill passed the House This is a well crafted bill that allows law en- use is critical to treating the most common on a unanimous voice vote. forcement to continue to track the transactions chronic conditions that cost the nation $1.3 tril- The ‘‘Money Service Business Act’’ address- of Money Service Businesses, while allowing lion in lost productivity, decreased quality of es the critical problem of money services busi- the MSBs to have access to the banking ac- life and morbidity. Unfortunately, only 50 per- nesses (MSBs) being denied access to the counts they need to conduct business. cent of Americans living with chronic diseases banking system. adhere to their prescribed drug regimen. Pa- MSBs have experienced blanket termi- f tient non-adherence not only costs the nation’s nations of their commercial accounts over the EARMARK DECLARATION economy $177 billion dollars each year, it is past several years due, in part, to banks re- associated with a $47 billion dollar a year sponding to unclear guidance from regulators. This bill establishes a mechanism that HON. ADAM H. PUTNAM price tag for related hospitalizations. OF FLORIDA I applaud the work of pharmacies and their would allow MSBs to self-certify their compli- IN THE HOUSE OF REPRESENTATIVES pharmacists who play a special role in the ance with Bank Secrecy Act and Anti-Money lives and health of folks in Eastern Wash- Laundering requirements, while allowing banks Tuesday, June 16, 2009 ington as well as all Americans. I urge my col- to make risk-based decisions about banking Mr. PUTNAM. Madam Speaker, pursuant to leagues on both sides of the aisle to join me particular MSBs. the Republican Leadership standards on ear- in recognizing the First Annual RxIMPACT MSBs, which include check cashers, money marks, I am submitting the following informa- Day on Capitol Hill and congratulating the transmitters and money order issuers, have tion regarding earmarks I received as part of more than 150 pharmacy leaders, phar- served our nation’s communities for years. H.R. 2847, the Commerce, Justice, Science, macists, students, and executives and the If this issue is left unaddressed, the viability and Related Agencies Appropriations Act of pharmacy community for their contributions to of MSBs will be compromised, potentially 2010: the good health of the American people. pushing many of these transactions under- Requesting Member: Congressman ADAM H. f ground and potentially untraceable to law en- PUTNAM forcement. Bill Number: H.R. 2847 EARMARK DECLARATION Banks, reacting to regulatory fears, have Account: Department of Justice—Commu- terminated MSB accounts in a blanket fashion, nity Oriented Policing Services (COPS) Meth HON. RANDY NEUGEBAUER in an attempt to minimize exposure to ‘‘high Project Funding Amount: $250,000 OF TEXAS risk’’ businesses. Legal Name of Requesting Entity: Polk IN THE HOUSE OF REPRESENTATIVES Without a banking relationship, MSBs are County Sheriff unable to provide financial services to commu- Address of Requesting Entity: 455 North Tuesday, June 16, 2009 nities, making it difficult for millions of Ameri- Broadway Avenue, Bartow, Florida 33830 Mr. NEUGEBAUER. Madam Speaker, pur- cans to pay bills, send money, or cash Description of Request: The Polk County suant to the Republican standards on member checks. Sheriff’s Office has placed an earmark request

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15507 of $250,000 in continued funding for the Polk Legal Name and Address of Requesting En- Description of Request: Provide an earmark County Methamphetamine Project. This critical tity: Monmouth University, 400 Cedar Avenue, of $900,000 for the Alabama Computer program has received previous federal funding West Long Branch, NJ 07764 Forensics Laboratories (Personnel $575,000; to carry out methamphetamine prevention and Description of Request: The University’s Re- Benefits $150,000; Travel $20,000; Equipment mitigation programs that have shown positive silient Coastal Urban Community and Eco- $50,000; Supplies $35,000; Other $70,000). results in cracking down on the growth of system (RESCUE) Initiative will use the Matching funds of $150,000 will be provided methamphetamine production and distribution amount of $250,000 listed in H.R. 2847 to by the state and local sources. This appropria- in Central Florida. This funding will cover maintain and expand the water quality moni- tion request is for a continuation of the com- equipment, and training, thus enabling the toring system, work directly with communities puter forensic lab program which created 3 re- Polk County Sheriffs Office (PCSO) to make a to implement cost-effective strategies for re- gional computer labs to cover the entire state dedicated effort to combat the distribution and ducing pollution, restoring and protecting crit- of Alabama. These labs were created to ad- use of methamphetamine in Polk County, Flor- ical habitats that support resilient coastal eco- dress all forms of computer crime such as; ida. From 2003 through 2007, the PCSO systems and communities and support the de- child pornography, fraud, and identity theft. made 3,481 methamphetamine related arrests, velopment of community strategies to adapt to The computer labs utilize working relationships seized over 150,000 grams of methamphet- coastal threats. with federal, state and local agencies across amine, and eliminated 27 methamphetamine Requesting Member: Rep. CHRISTOPHER H. the nation and are the only law enforcement labs. SMITH agency exclusively handling computer crime f Bill Number: H.R. 2847 cases from investigation to prosecution. Mone- tary losses from computer-related crime ex- EARMARK DECLARATIONS Account: Office of Justice Programs—Juve- nile Justice ceed that of the illegal drug trade worldwide Legal Name and Address of Requesting En- and it is estimated that computer crimes will HON. CHRISTOPHER H. SMITH tity: KidsBridge, 4556 S Broad Street, 2nd double in the US in the next 2 years. In 3 OF NEW JERSEY Floor, Trenton, NJ 08620 years, the program has assisted more than 75 IN THE HOUSE OF REPRESENTATIVES Description of Request: The KidsBridge pro- outside law enforcement agencies and ana- Tuesday, June 16, 2009 gram allows students the opportunity to partici- lyzed more than 2000 pieces of electronic evi- Mr. SMITH of New Jersey. Madam Speaker, pate in leadership training, violence prevention dence in approximately 851 criminal cases re- pursuant to the Republican Leadership stand- and gang resistance programs during and sulting in a multitude of convictions. Funding ards on earmarks, I am submitting the fol- after school. Through mentors and academic will create at least 2 jobs in the First District lowing information regarding earmarks I re- programs, students will learn improved behav- and will prevent victimization statewide. ceived as part of H.R. 2847, Commerce, Jus- iors thereby reducing violent encounters and Requesting Member: Congressman JO BON- tice, Science and Related Agencies Appropria- victimization. The amount of $90,000 listed in NER H.R. 2847 will be used to facilitate weekly Bill Number: H.R. 2847 tions Bill, 2010: Account: COPS LE tech Requesting Member: Rep. CHRISTOPHER H. youth meetings, materials and workbooks, Legal Name of Requesting Entity: Baldwin SMITH evaluation, cultural and educational trips, County Commission Bill Number: H.R. 2847 healthy snacks for the students and staff sal- Address of Requesting Entity: 312 Court- Account: Office of Justice Programs—Juve- ary. house Square, Suite 12, Bay Minette, AL nile Justice Requesting Member: Rep. CHRISTOPHER H. Legal Name and Address of Requesting En- 36507 SMITH Description of Request: Provide an earmark tity: Brick Township Police Athletic League Bill Number: H.R. 2847 of $500,000 to improve security at three court- (PAL), 60 Drum Point Road, Brick, NJ 08723 Account: Office of Justice Programs—Byrne houses in Baldwin County, AL. The funding Description of Request: Brick PAL offers Discretionary Grants after-school and summer camp programs to will be used to install integrated digital cam- Legal Name and Address of Requesting En- eras on the premises and access controls on keep students engaged in educational, social tity: City of Trenton, 319 E State Street, Tren- and cultural programs in the critical hours the doors within the current judicial areas. The ton, NJ 08608 funding will be utilized in 4 technology seg- while parents are at work. The amount of Description of Request: The YouthStat pro- $250,000 listed in H.R. 2847 will be used for ments as follows: [1] Acquisition of Central In- gram is a key component of the City of Tren- frastructure (the control center for the security hiring counselors, equipment, educational ton’s ongoing efforts to develop and imple- trips, scholarships and general operations of network), [2] Bay Minette Courthouse Tech- ment aggressive new strategies to effectively the programs. nology, [3] Fairhope Satellite Courthouse respond to the problems of gang violence in Requesting Member: Rep. CHRISTOPHER H. Technology and [4] Foley Satellite Courthouse Trenton, New Jersey. The amount of $310,000 SMITH Technology. For the acquisition of central in- Bill Number: H.R. 2847 listed in H.R. 2847 will provide participants frastructure, approximately $134,000 will be Account: Office of Justice Programs–Juve- with customized community based program- used ($45,000 for servers, $78,000 for net- nile Justice ming including mentoring, work experience, work and storage, and $11,000 for camera Legal Name and Address of Requesting En- life skills development, and recreation for juve- archiving software). Bay Minette Courthouse tity: D.A.R.E. New Jersey, Inc., 292 Prospect niles who are at the highest risk for gang and Technology will use $210,000 ($42,400 for Street, Cranbury, NJ 08512 criminal involvement. network, $6,300 for viewing stations, $5,200 Description of Request: D.A.R.E. New Jer- f for viewing monitors, $6,100 for wiring, sey will use the $350,000 listed in H.R. 2847 $150,000 for cameras). Fairhope and Foley EARMARK DECLARATION to implement the Middle School Drug and Courthouses will both use $78,000 ($12,000 Safety Prevention Program, ‘‘Keepin’ It Real’’ for network, $6,300 for viewing stations, which focuses on teaching middle school stu- HON. JO BONNER $1,000 for viewing monitors, $2,600 for wiring, dents how to resist peer pressure, avoid in- OF ALABAMA $37,500 for cameras, and $18,600 for doors). volvement in drugs, gangs and violence and IN THE HOUSE OF REPRESENTATIVES Baldwin County is the 65th fastest growing live productive, meaningful lives. The funding Tuesday, June 16, 2009 county in the country (US Census Bureau). As will be used for officer training, workbooks, such, the county has recently seen a signifi- teachers books and materials, evaluation of Mr. BONNER. Madam Speaker, I submit the cant increase in population and demand for the program, personnel, and general expenses following: public services. This is a one-year funding re- such as printing, postage and travel associ- Requesting Member: Congressman JO BON- quest, yielding long-term public safety bene- ated with the training. NER fits. Requesting Member: Rep. CHRISTOPHER H. Bill Number: H.R. 2847 Requesting Member: Congressman JO BON- SMITH Account: OJP-Byrne NER Bill Number: H.R. 2847 Legal Name of Requesting Entity: Alabama Bill Number: H.R. 2847 Account: National Oceanic and Atmospheric District Attorneys Association Account: NOAA–ORF Administration—Operations, Research, and Address of Requesting Entity: 515 South Legal Name of Requesting Entity: Dauphin Facilities Perry Street, Montgomery, AL 36104 Island Sea Lab

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15508 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 Address of Requesting Entity: 101 Bienville Address of Requesting Entity: 205 Govern- and environmental compliance ($400,000). As Blvd. Dauphin Island AL 36528 ment Street, Mobile, AL 36644 a barrier island, Dauphin Island protects Ala- Description of Request: Provide an earmark Description of Request: Provide an earmark bama’s coastline from severe storm damage of $750,000 to fund a joint initiative between of $600,000 to replace and enhance existing thereby saving more inland populated commu- the Dauphin Island Sea Lab, a state-funded tidal gauges with new gauges capable of col- nities from more severe hurricane destruction. research and educational entity, and the Uni- lecting data for a 30 foot storm surge. Mobile The island also fosters tourism and a signifi- versity of South Alabama, a public institution, County, AL, is a gulf-front county, prone to cant commercial and recreational fishing in- to research commercial fisheries critical to the natural disasters. During Hurricane Katrina, all dustry supporting county and state revenue as state’s economy and tourism. Recreational of the existing tidal gauges were rendered in- well as thousands of jobs. This funding will and commercial fisheries and tourism, as well operable as they were not equipped to handle complete the study. The Town of Dauphin Is- as the businesses they support, are depend- such a strong storm surge. Tidal gauges land will provide a matching cost share if nec- ent on healthy stocks of fish which require ef- measure changes in sea level and help predict essary, but a match requirement is not antici- fective science-based management. Manage- and document the severity of storms. Resi- pated, subject to program identification. ment decisions which impact the region’s dents, businesses, and emergency manage- Requesting Member: Congressman JO BON- economy need to be made on current re- ment personnel rely on properly functioning NER search data—this study will provide data to tidal gauges so they can adequately respond Bill Number: H.R. 2847 the National Marine Fisheries Service, NOAA to natural disasters and prepare warnings and Account: OJP–JJ and the Gulf of Mexico Fishery Management evacuations accordingly. Six new gauges are Legal Name of Requesting Entity: University Council. This ecosystem-based fisheries man- required (costing $100,000 each). This is a of Mobile agement study on three species with a large one-year funding request that will have long- Address of Requesting Entity: 5735 College economic importance in the Northern Central term coastal emergency management benefits Parkway, Mobile, Alabama 36613–2842 Gulf of Mexico—Spanish mackerel, adult red for this coastal county and popular tourist des- Description of Request: Provide an earmark drum, and pompano—will look at the species’ tination. of $850,000 for funding of the University of coastal migratory patterns in shallow coastal Requesting Member: Congressman JO BON- Mobile’s RamKids program. RamKids is a waters. This study will include the biological NER faith-based, mentor-oriented intervention pro- aspects of these coastal pelagic fishes as well Bill Number: H.R. 2847 gram designed for at-risk youth, grades 8 as the historical and current socioeconomic Account: OJP–JJ through college level, in the city of Prichard, impacts these fisheries have on the local fish- Legal Name of Requesting Entity: Team Alabama. Funds will support college entrance ing communities. With the results of this study, Focus, Inc. preparation programs, career exploration trips, fishery management decisions can be made Address of Requesting Entity: 6110 Grelot and an extended summer program on-campus from effective and science based data. The Road, Mobile, Alabama 36609 at this faith-based non-profit institution. The funds will support students, research techni- Description of Request: Provide an earmark city of Prichard suffers from economic decline, cians, and senior scientists at the Dauphin Is- of $500,000 for mentoring, education and low-education levels and high crime rates. land Sea Lab. Approximately $525,000 (70%) leadership development programs of Team RamKids works to break that cycle. After the will go towards research personnel and day to Focus, Inc. Team Focus is a faith-based non- first year and a half of the program, RamKids day operations of the various vessels, equip- profit organization that mentors fatherless participants exhibited considerable improve- ment and supplies; and $225,000 (30%) will young men year round in 7 camps across the ment in a variety of areas, including grade be for project management, overhead and ad- country (AL, OH, TX, MI, CA, DC, TN). Funds point average, social competence, and family ministration. would provide curriculum development, equip- functioning. Approximately $725,000 will be Requesting Member: Congressman JO BON- ment, and supplies for year-round mentoring used to support educational opportunities, pro- NER programs and summer camps at no cost to grams and activities for participants, support Bill Number: H.R. 2847 the young men. While boys without fathers are Account: COPS LE Tech for mentors and curriculum development; ap- Legal Name of Requesting Entity: City of twice as likely to go to jail, Team Focus of- proximately $78,000 will be used for expenses Foley, Alabama fers—for most of the young men—the only associated with student field trips and other Address of Requesting Entity: City of Foley leadership training and male mentorship they necessary events; approximately $17,000 will 407 East Laurel Avenue, Foley, Alabama have. Former First Lady Laura Bush has be used for equipment and supplies; and ap- 36535 praised Team Focus for teaching fatherless proximately $30,000 will be used for insurance Description of Request: Provide an earmark boys what it means to acquire skills, find a and other expenses. of $400,000 for the purchase and installation job, support a family and be loyal to one. Ap- f of monitored security cameras at public parks proximately $120,000 (or 24%) for equipment and areas in the 65th fastest growing county to transport youth to program activities EARMARK DECLARATION in the country (US Census Bureau). Funds will throughout the year; $150,000 (or 30%) for be used at approximately the following levels: program related mileage and travel to/from HON. ROBERT B. ADERHOLT Purchase of Cameras and monitors— camps; and $230,000 (or 46%) for supplies. OF ALABAMA $225,000; Installation of Cameras—$100,000; Team Focus will match federal funds dollar for IN THE HOUSE OF REPRESENTATIVES dollar. Wiring and Hardware—$50,000; Monitoring of Tuesday, June 16, 2009 cameras—$25,000.The transient worker popu- Requesting Member: Congressman JO BON- lation of Baldwin County has doubled recently. NER Mr. ADERHOLT. Madam Speaker, pursuant The City of Foley has expanded public serv- Bill Number: H.R. 2847 to the Republican Leadership standards on ices to accommodate its changing population, Account: NOAA–ORF earmarks, I am submitting the following infor- but public spaces have seen an increase in Legal Name of Requesting Entity: Town of mation regarding earmarks I received as part underage drinking, sexual encounters, van- Dauphin Island, AL of H.R. 2847, the Commerce, Justice, and dalism and violence. Installation of some secu- Address of Requesting Entity: 1011 Bienville Science Appropriations Bill: rity cameras has successfully diminished ille- Boulevard, Dauphin Island, AL 36528 Requesting Member: ADERHOLT gal activities in public spaces in this high tour- Description of Request: Provide an earmark Bill Number: H.R. 2847 ist-traffic city adjacent to Alabama’s beaches. of $1,500,000 to conduct a comprehensive en- Account: NASA, CAS While no match is required, Foley will provide gineering feasibility/design study to determine Legal Name of Requesting Entity: The Uni- for maintenance and monitoring in the out if construction of an engineered beach will sta- versity of Alabama years of the project. bilize this critical barrier island and maintain its Address of Requesting Entity: The Univer- Requesting Member: Congressman JO BON- purpose as a hurricane buffer for the Alabama sity of Alabama, P.O. Box 870117, Tusca- NER coastline. The comprehensive study will in- loosa, AL 35487 Bill Number: H.R. 2847 clude a review of the most probable technical Description of Request: ‘‘Miniaturized Anten- Account: NOAA–ORF approach, design engineering, sand source nas for Unmanned Aerial Vehicles, $350,000.’’ Legal Name of Requesting Entity: Mobile identification, dredging and habitat restoration The funding will be used to investigate the un- County Commission ($1,100,000), and planning costs for permitting stable imaging problems existing in UAVs

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15509 camera with novel ferrites & broadband ferrite Ripley Street, P.O. Box 301501, Montgomery, Description of Request: ‘‘Mobile Data Ter- antennas of unique design. The goal is to de- AL 36130–1501 minal Update, $160,000.’’ The full amount of velop miniature antennas that are capable of Description of Request: ‘‘Electronic Training this funding will be used to replace Mobile supporting systems that control the flight of and Security Tools (ETAST) Phase III, Data Terminals. Taxpayer Justification: RMS & UAVs. Taxpayer Justification: Lessons from $250,000.’’ The funding would be used to fully MDT’s keep data for our use and make it recent combat experiences show that UAVs develop ADOC’s 3D virtual environment Situa- readily available to be transferred to agencies can improve acquisition & rapid dissemination tional, Training & Awareness Tool for high-risk nationwide when needed. Officers have a of intelligence, surveillance & reconnaissance maximum security correctional facilities state- need for instant access to information, includ- data. There is a need to increase the amounts wide and optimize planning, training, exercise ing photos. It is important for officer safety of communication bandwidth to utilize the full and real-world response operations. Taxpayer both here and across the nation and the fund- potential of UAVs. The request as submitted Justification: ETAST Phase III is an integral ing promotes this end. to Congressman ADERHOLT was for part of our Nation’s efforts to enhance public Requesting Member: ADERHOLT $1,000,000 with a spending plan of $500,000 safety despite critical shortfalls within State Bill Number: H.R. 2847 for salaries, $100,000 for laboratory supplies budgets and problems retaining personnel at Account: DOJ, COPS Tech and materials, $60,000 for equipment rental, correctional facilities. Legal Name of Requesting Entity: Town of $40,000 for travel, and $300,000 for equip- These funds will approximately be used for Hackleburg, Hackleburg, AL ment. the following: Labor: $245,000; Travel: $4,000; Address of Requesting Entity: Town of Requesting Member: ADERHOLT Equipment/Supplies/Materials: $500. Hackleburg, P.O. Box 279, 314 1st Avenue, Bill Number: H.R. 2847 Requesting Member: ADERHOLT Hackleburg, AL 35564 Account: International Trade Administration Bill Number: H.R. 2847 Description of Request: ‘‘Police Technology Legal Name of Requesting Entity: Textile/ Account: DOJ, COPS Tech Upgrades, $75,000’’ The full amount of this Clothing Technology Corporation Legal Name of Requesting Entity: City of funding will be used to upgrade the technology Address of Requesting Entity: 5651 Dillard Albertville, Albertville, AL for the police department with the latest equip- Drive, Cary, NC 27518 Address of Requesting Entity: City of ment necessary to serve and protect the pub- Description of Request: ‘‘Textile Research Albertville, 116 West Main St., P.O. Box 1248, lic and help control the fast growing drug prob- Programs, $965,000.’’ This project is for ad- Albertville, AL 35950 lem in the region. Taxpayer Justification: This vanced technology R&D, benefiting the sewn Description of Request: ‘‘Public Safety Mo- funding will better equip police departments so products and hosiery industry sectors through bile Data System, $1,400,000.’’ The full they can combat crime and drugs. improved knowledge of body shape and the amount of this funding will be used to pur- Requesting Member: ADERHOLT dissemination of said knowledge to improve chase equipment, specifically a mobile data Bill Number: H.R. 2847 apparel and hosiery fit and comfort for the system to enhance public safety operations. Account: DOJ, COPS Tech consumer. Taxpayer Justification: Stemming This system will increase efficiency in daily op- Legal Name of Requesting Entity: Alabama the outflow of jobs and strengthening the ap- erations by allowing data to be transmitted District Attorneys Association, Montgomery, parel and hosiery supply chain will provide from the field. Taxpayer Justification: This AL jobs for workers who may otherwise be dis- project will further the goals of information Address of Requesting Entity: Alabama Dis- placed, requiring public assistance. Two re- sharing and collaboration between local public trict Attorneys Association, 515 South Perry search projects are budgeted, Sustainable safety agencies. Street, Montgomery, Alabama 36104 Strategies for Product Development with a Requesting Member: ADERHOLT Description of Request: ‘‘Alabama Computer supplies cost of $13,918 and Virtual Humans Bill Number: H.R. 2847 Forensics Labs, $900,000.’’ The funding would Research with a supplies cost of $28,764, per- Account: DOJ, COPS Tech be used to expand the computer forensic lab sonnel costs are $383,619, benefits cost of Legal Name of Requesting Entity: City of program and to provide cybersafety training. $101,009, travel cost of $24,589, occupancy Gadsden, Gadsden, AL Taxpayer Justification: Since 2006, this pro- Address of Requesting Entity: City of Gads- cost of $162,915, with indirect cost of gram has assisted 75+ outside LEO and ana- den, 90 Broad Street, P.O. Box 267, Gadsden, $250,186. lyzed over 2000 pieces of electronic evidence AL 35902–0267 Requesting Member: ADERHOLT in approximately 851 criminal cases and con- Description of Request: ‘‘Law Enforcement Bill Number: H.R. 2847 ducted many cybersafety trainings at schools. Account: DOJ, COPS Meth and Forensic Science Technology and Equip- This funding will build on this program. Legal Name of Requesting Entity: Etowah ment, $150,000.’’ The full amount of this fund- These funds will approximately be used for County Drug Enforcement Unit, Gadsden, AL ing will be used to purchase needed equip- the following: salaries: $575,000.00; benefits: Address of Requesting Entity: Etowah ment for an in-house forensic lab. Taxpayer $150,000.00; travel: $20,000.00; equipment: County Drug Enforcement Unit, 27 Forrest Av- Justification: This funding would expedite case $50,000.00; supplies: $35,000.00; additional enue, Gadsden, AL 35901 resolution, trial, and sentencing. operating expenses: $70,000.00. Description of Request: ‘‘Blount, DeKalb, Requesting Member: ADERHOLT Etowah, Marshall, Marion, Morgan, Pickens, Bill Number: H.R. 2847 Requesting Member: ADERHOLT Walker, Winston Counties, AL Drug Task Account: DOJ, COPS Tech Bill Number: H.R. 2847 Forces Anti-Methamphetamine Project, Legal Name of Requesting Entity: Etowah Account: DOJ, OJP–Byrne $1,500,000.’’ The funding would be used to County Commission, Gadsden, AL Legal Name of Requesting Entity: Auburn help Drug Task Forces across the 4th District Address of Requesting Entity: Etowah University, Auburn, AL of Alabama fight illegal drug trafficking and County Commission, 800 Forrest Avenue, Address of Requesting Entity: Auburn Uni- production through training and the purchase Suite 113, Gadsden, AL 35901 versity, 102 Samford Hall Auburn, AL 36849 of equipment. Taxpayer Justification: Drug use Description of Request: ‘‘Interoperable Com- Description of Request: ‘‘Auburn University and crimes committed in association with the munications & Centralized Dispatch System, Canine Program, $900,000.’’ It is my under- use or acquisition of drugs continue to plague $1,000,000.’’ The full amount of this funding standing that the funding would be used for the United States. This funding will help com- will be used to purchase a new interoperable continuing support of a program to provide bat this growing trend. communications system for the county. Tax- Alabama (AL) Law Enforcement Organizations These funds will approximately be used for payer Justification: This allows for the county (LEO) with state-of-the-art detector-dog team the following: equipment: $1,350,000; and per- to become fully compliant with interoperability (dog and handler) training for enhancing public sonnel: $150,000. standards. and, especially, school safety. The detector- Requesting Member: ADERHOLT Requesting Member: ADERHOLT dog and handler team remain the most capa- Bill Number: H.R. 2847 Bill Number: H.R. 2847 ble tool for the interdiction of explosive mate- Account: DOJ, COPS Tech Account: DOJ, COPS Tech rials and illicit drugs. The capability of such Legal Name of Requesting Entity: Alabama Legal Name of Requesting Entity: Morgan teams is entirely dependent upon the quality Department of Corrections (ADOC), Mont- County, AL Commission, Decatur, AL of the dog, the dog’s training, and instruction gomery, AL Address of Requesting Entity: Morgan of its handler. This program would make avail- Address of Requesting Entity: Alabama De- County, Alabama Commission, 302 Lee St. able to AL LEO the highest state-of-the-art de- partment of Corrections (ADOC), 301 South N.E., P.O. Box 668, Decatur, Alabama 35602 tector dogs, training, and handler instruction.

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15510 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 AU proposes continuation and expansion of ter in Etowah County strives to reduce the lowing information regarding earmarks I re- the FY09 program to provide AL LEO access percentage of drug and alcohol abuse, pro- ceived as part of H.R. 2487—the Commerce, to the services of CDTC in order to enhance mote smoking cessation, increase after-school Justice, Science, & Related Agencies Appro- public and, in particular, school safety in AL tutoring, and improve family well-being through priations Act, 2010. communities. family counseling. Requesting Member: Congressman PETER The funds will approximately be used for the These funds will be used for the following: T. KING following: personnel: $405,000; equipment Case management salary and benefits: Bill Number: H.R. 2487 costs (including the costs of acquiring ca- $52,360; Supplies: $15,000; After school pro- Account: COPS Law Enforcement Tech- nines): $112,000; in-state travel: $81,000; ad- gram for middle school students: $89,040; nology ministrative costs: $243,000; and sub-contrac- Family Counselor salary: $80,000; Travel for Legal Name of Requesting Entity: City of tual support: $59,000. family counselor (trainings and to meet with Glen Cove, NY Requesting Member: ADERHOLT client groups): $4,000; Co-located rental cost Address of Requesting Entity: 9 Glen Street, Bill Number: H.R. 2847 for on-site family counselor office in Family Glen Cove, NY 11542 Account: DOJ, OJP–Byrne Success Center: $9,600. Description of Request: $615,000 will be Legal Name of Requesting Entity: National Requesting Member: ADERHOLT used by the Glen Cove Police Department for District Attorneys Association, Alexandria, VA Bill Number: H.R. 2847 updating technologies, which include equip- Address of Requesting Entity: National Dis- Account: DOJ, OJP–JJ ment for the Emergency Command Center, trict Attorneys Association, 44 Canal Center Legal Name of Requesting Entity: United technology for conversion to digital fre- Plaza, Suite 110, Alexandria, VA 22314 Methodist Children, Selma, AL quencies, and equipment to allow interoper- Description of Request: ‘‘National Advocacy Address of Requesting Entity: United Meth- ability with regional responder facilities. Center State and Local Prosecutors Training odist Children’s Home, 1712 Broad Street, Requesting Member: Congressman PETER Program, $150,000.’’ The full amount of this Selma, AL 36702–0830 T. KING funding would be used to develop the cur- Description of Request: ‘‘Security and IT Im- Bill Number: H.R. 2487 riculum and training materials used by the Na- provements, $150,000.’’ The funding would be Account: OJP–Byrne Discretionary Grants tional Advocacy Center to effectively train used to replace patchwork security and infor- Legal Name of Requesting Entity: Nassau America’s prosecutors. This program supports mation technology infrastructure with a state- County Police Department the National District Attorneys Association’s of-the-art, organization-wide network. A mod- Address of Requesting Entity: 1490 Franklin participation in legal education training at the ern system allows for seamless care for chil- Avenue, Mineola, NY 11501 Description of Request: $385,000 will go to National Advocacy Center. Taxpayer Justifica- dren as they move through the continuum of the Nassau County Police Department’s Her- tion: The NDAA’s mission at the NAC is to services we offer. Taxpayer Justification: Im- oin Abatement Program to help mitigate the equip the nation’s prosecutors with advocacy proves UMCH’s ability to support treatment recent proliferation of heroin in Long Island skills to effectively represent their communities and rehabilitative services tailored to the communities through saturated law enforce- and constituents in the courtroom in order to needs of juveniles and their families and to ment and investigations. ensure community safety. prevent and respond to juvenile delinquency Requesting Member: Congressman PETER Requesting Member: ADERHOLT and victimization. T. KING Bill Number: H.R. 2847 These funds will be approximately used for Bill Number: H.R. 2487 Account: DOJ, OJP–Byrne the following: equipment: $120,000; and sala- Legal Name of Requesting Entity: The Uni- Account: OJP–Byrne Discretionary Grants ries: $30,000. Legal Name of Requesting Entity: Parents versity of Alabama at Birmingham, Bir- Requesting Member: ADERHOLT for Megan’s Law, Inc. mingham, AL Bill Number: H.R. 2847 Address of Requesting Entity: 1320 Stony Address of Requesting Entity: The Univer- Account: Reprogramming of DOJ, COPS– Brook Road, Suite 201, Stony Brook, NY sity of Alabama at Birmingham, 1530 3rd Ave- Meth 11790 nue South, AB 720E, Birmingham, AL 35294 Legal Name of Requesting Entity: Etowah Description of Request: $300,000 will be Description of Request: ‘‘Model State Part- County Drug Enforcement Unit, Gadsden, AL used to support the Sex Offender Registration nership for Cybercrime and Security, Address of Requesting Entity: Etowah Tips (SORT) and Support Programs giving the $500,000.’’ The funding will be used to in- County Drug Enforcement Unit, 27 Forrest Av- public two interactive resources for confiden- crease technology infrastructure to provide enue, Gadsden, AL 35901 tially reporting sex offenders that fail to comply technical assistance to government agencies, Description of Request: ‘‘Anti-Methamphet- with registration, supervision requirements, develop enhancements to existing tools & cre- amine Project, $1,000,000.’’ The funding and other criminal activity. ate new tools to assist law enforcement in the would be used to help the DeKalb, Etowah, Requesting Member: Congressman PETER fight against cybercrime and cyberterrorism. Marshall, Marion, Morgan, Pickens, Walker T. KING Taxpayer Justification: This initiative will raise Counties, AL Drug Task Forces and the Bill Number: H.R. 2487 the value of the Alabama Fusion Center, as a Blount County Sheriff’s Department fight illegal Account: OJP–Byrne Discretionary Grant Fusion Center capable of receiving cybercrime drug trafficking and production through training Legal Name of Requesting Entity: Suffolk cases and working them successfully for the and the purchase of equipment. Taxpayer Jus- County Police Department benefit of its citizens, offloading such work tification: Drug use and crimes committed in Address of Requesting Entity: 30 Yaphank from the Federal government. association with the use or acquisition of Avenue, Yaphank, NY 11980 The funds will approximately be used for the drugs continue to plague the United States. Description of Request: $250,000 will be following: personnel: $250,000; and tech- This funding will help combat this growing used by the Suffolk County Police Department nology infrastructure: $250,000. trend. to combat computer and internet crime with Requesting Member: ADERHOLT These funds will be approximately used for upgraded computer forensics technology and Bill Number: H.R. 2847 the following: equipment: $900,000; and sala- training coupled with on-line sting operations Account: DOJ, OJP–JJ ries: $100,000. and educational programs on internet safety Legal Name of Requesting Entity: City of f for the public. Gadsden, Gadsden, AL Requesting Member: Congressman PETER EARMARK DECLARATION Address of Requesting Entity: City of Gads- T. KING den, 90 Broad Street, P.O. Box 267, Gadsden, Bill Number: H.R. 2487 AL 25902 HON. PETER T. KING Account: NOAA—Operations, Research, Description of Request: ‘‘Helping Families OF NEW YORK and Facilities Program, $250,000.’’ The funding would be IN THE HOUSE OF REPRESENTATIVES Legal Name of Requesting Entity: Partner- used by the Family Success Center of Etowah ship for Mid-Atlantic Fisheries Science County to work with low income families Tuesday, June 16, 2009 Address of Requesting Entity: 526 Bay Ave- through continual case management, after- Mr. KING of New York. Madam Speaker, nue, Point Pleasant, NJ 08742 school programs and family counseling. Tax- pursuant to the Republican Leadership stand- Description of Request: $600,000 will go to payer Justification: The Family Success Cen- ards on earmarks, I am submitting the fol- the Partnership for Mid-Atlantic Fisheries

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15511 Science (PMAFS), a multi-state partnership, on earmarks, to the best of my knowledge the MR. RONALD E. CHRONISTER, DEP- that will use the funds to address the most ur- requests I have detailed below are: (1) not di- UTY TO THE COMMANDER, U.S. gent scientific issues limiting successful man- rected to an entity or program that will be ARMY AVIATION AND MISSILE agement summer flounder and black sea bass named after a sitting Member of Congress; COMMAND fisheries in the Mid-Atlantic region. Better and (2) not intended to be used by an entity management of the fisheries is essential to the to secure funds for other entities unless the HON. SOLOMON P. ORTIZ success of Long Island’s recreational and OF TEXAS commercial fishing industries. use of funding is consistent with the specified purpose of the earmark. As required by ear- IN THE HOUSE OF REPRESENTATIVES f mark standards adopted by the House Repub- Tuesday, June 16, 2009 IN RECOGNITION OF THE PASSING lican Conference, I submit the following infor- Mr. ORTIZ. Madam Speaker, I rise today to OF CAPTAIN JOHN J. COONAN, mation on projects I requested and was in- recognize the service and dedication of Mr. JUNIOR cluded in H.R. 2847—the Commerce, Justice, Ronald E. Chronister, deputy to the Com- Science, and Related Agencies Appropriations mander, of the U.S. Army Aviation and Missile HON. JEFF MILLER Act of 2010. Command in Redstone Arsenal, Alabama. OF FLORIDA Mr. Chronister’s life-time service to the U.S. Account: Department of Commerce, NOAA– IN THE HOUSE OF REPRESENTATIVES Army has been an outstanding one. He has Tuesday, June 16, 2009 ORF. served this country with loyalty, dignity and re- Mr. MILLER of Florida. Madam Speaker, I Project Name: Disease Reduction in Klam- spect, always engaging his active mind to bet- rise to honor retired Navy Captain John J. ath River Salmon. ter develop materials needed by our brave Coonan, Jr., who passed away on June 12, Legal Name and Address of Requesting En- service men and women. We are forever in debt to him for all he has done in the name 2009. Captain Coonan served our nation, our tity: Oregon State University, 16 Memorial Navy and the people of Northwest Florida with of freedom and our pursuit of happiness. Union, Corvallis, OR 97331. honor and distinction, and I am humbled to Today, I stand proud as we commemorate his recognize him. Project Location: Corvallis, Oregon and in honor and hard work for the more than 25 Known to his friends as Captain JJ Coonan, the Klamath River Basin. years he has served this country through the John was an American patriot who served Description of Project: H.R. 2847 appro- U.S. Army. over 30 years as a career Naval Officer. He Mr. Chronister earned his bachelor’s of priates $600,000 for the Disease Reduction in worked as a single-seat jet pilot in carrier avia- science degree in civil engineering from The tion and accumulated over 5,000 flight hours Klamath River Salmon project. According to University of Alabama in 1982, and shortly and 1,000 carrier landings. JJ’s command as- the requesting entity, this is a collaborative re- after enrolled at the Army Material Command signments varied among squadron, Carrier Air search plan involving Oregon State University, Intern School of Engineering and Logistics in Wing, and deep draft ship command. His most Humboldt State University, University of Cali- Texarkana, Texas. In 1983, he went on to be notable assignment came in 1988 when he fornia—Davis, the U.S. Fish and Wildlife Serv- a general engineer in the production engineer- served as Commanding Officer of the USS ice and Klamath River tribal agencies that will ing division of the U.S. Army’s Research De- America, a Kitty Hawk class supercarrier of research management actions to reduce dis- velopment in Redstone Arsenal, Alabama, the U.S. Navy. Captain Coonan’s distin- ease in natural juvenile salmon in the Klamath where he climbed the ranks from chief to dep- guished naval career is a testament to his pro- River of Oregon and California. uty director to acting director. found dedication to his country. In 2002, he earned a master’s of science in Upon his retirement from active duty in Account: Department of Justice, COPS program management from the Naval Post 1996, Captain Coonan joined the staff at the Tech. Graduate School and has received throughout Naval Aviation Museum Foundation in Pensa- Project Name: Mobile Video Equipment. his career numerous awards, certifications and cola, Florida. He began as Director of Devel- has been an active member of professional Legal Name and Address of Requesting En- opment and later transitioned to a position as associations. Vice President of Education and Chief Oper- tity: Umatilla County Sheriff, 4700 NW Pioneer His career in the U.S. Army’s Research ating Officer. Captain Coonan’s leadership at Place, Pendleton, OR 97801. team has grown by leaps and bounds. Since the Foundation had a tremendous impact on Project Location: Pendleton, Oregon and October 2005, Mr. Chronister has been ap- all those who visited the museum; however, Umatilla County. pointed to the Senior Executive Service and his most lasting contribution is his stewardship served as Executive Director of the Integrated Description of Project: H.R. 2847 appro- of the National Flight Academy. The academy Material Management Center from October priates $130,000 for the Umatilla County Sher- will be the leading aviation-inspired education 2005 until February 2008. During that time, he program in the country. In a tribute to the life iffs Office Mobile Video Equipment project. Ac- established the Prototype Integration Facility, of Captain Coonan, today the National Flight cording to the requesting entity, this funding a unique government-owned and government- Academy broke ground on the new facility, will be used to outfit up to 9 vehicles with operated enterprise that provides a rapid re- paving the way for construction and comple- video/audio recording systems; one archive sponse, cost effective approach to meeting tion of the academy in May of 2011. His dedi- server located in Pendleton, Oregon and a weapon systems program manager’s material cation to the service of others will live on server at each satellite office in Hermiston and requirements. through the academy long after his passing. Milton-Freewater, Oregon. Mr. Chronister continues to serve our coun- The people of Pensacola and our entire try diligently and with great honor. Today, I Account: Department of Justice, Office of area have many reasons to be proud of Cap- ask that my colleagues join me in recognizing tain Coonan. My wife Vicki and I will keep his Justice Programs—Byrne. the work Mr. Chronister has done for the U.S. entire family, especially his wife, Kathryn, chil- Project Name: Rx for Saving Oregon Teens. Army and our country. dren Michael and Kelly, and grandchildren in our prayers. Northwest Florida will truly miss Legal Name and Address of Requesting En- f Captain JJ Coonan. tity: Oregon Partnership, 6443 SW Beaverton TRIBUTE TO THE ARCHBISHOP f Hillsdale Hwy., Suite 200, Portland, OR MOELLER HIGH SCHOOL BASE- 97221. EARMARK DECLARATION BALL TEAM Project Location: Portland, Oregon. HON. GREG WALDEN Description of Project: H.R. 2847 appro- HON. JEAN SCHMIDT OF OREGON priates $470,000 for the Rx for Saving Oregon OF OHIO IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Teens project. According to the requesting en- Tuesday, June 16, 2009 tity, this funding will be used to implement a Tuesday, June 16, 2009 Mr. WALDEN. Madam Speaker, consistent statewide public education campaign address- Mrs. SCHMIDT. Madam Speaker, I rise with the House Republican Leadership’s policy ing prescription drug abuse in Oregon. today to congratulate the Archbishop Moeller

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15512 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 High School baseball team on winning the Di- Ms. Ling and Ms. Lee’s sentencing to prison longest serving teacher. Mary has shown an vision I Ohio High School Athletic Association labor camp is also a disturbing violation of enduring commitment to educating the youth State Championship. This is Moeller’s fifth human rights and humanitarian standards. The of Paramount and providing them with the state championship in baseball. Moeller also State Department reports that conditions in tools and skills needed to contribute to their won state titles in 1972, 1989, 1993, and North Korean prison camps are harsh and life communities and prosper in their adult lives. 2004. threatening, with beatings and torture a reg- She truly touched the future, reaching many This year’s team was led by Manager Tim ular occurrence. Three months of detention generations of students. Students, both cur- Held, who recently took the reins from leg- have already exacerbated Ms. Ling’s medical rent and past, who had the privilege of being endary Coach Mike Cameron. Following the condition and caused significant trauma for in her class or in an organization she advised, example that Cameron set, Coach Held guid- Ms. Lee’s young daughter and family. Sen- will continue to be influenced by her example ed the Crusaders to a state championship in tencing these two women to twelve years hard of hard work, dedication, and public service. just his second season, finishing with a final labor is a severe breach of international hu- f record of 25 wins and 5 losses. Moeller beat manitarian standards. Ms. Ling and Ms. Lee Pickerington North 5–2 in the title game in Co- should be released immediately. PERSONAL EXPLANATION lumbus, avenging a previous loss to them in The draconian sentence handed down to the regular season. Pitcher Robby Sunderman the two American journalists raises serious HON. MARY JO KILROY tossed a resilient five innings giving up only concerns about United States-Korean rela- OF OHIO two runs, one earned, to get the victory for the tions. It is deeply disturbing that North Korea IN THE HOUSE OF REPRESENTATIVES Crusaders. Five different Moeller players would consider using these women as a nego- Tuesday, June 16, 2009 scored runs in the title game making, this vic- tiating tactic to avoid punishment for its latest tory truly a team effort. nuclear tests. If North Korea truly wishes to Ms. KILROY. Madam Speaker, on the legis- I look forward to following the players on ensure its national security, it should begin by lative day of Monday, June 15, 2009, I was this year’s team in the future. They will cer- releasing Laura Ling and Euna Lee and par- unavoidably detained and was unable to cast tainly be headed toward a bright future. Past ticipating in the global community as a fair a vote on a number of rollcall votes. Had I prep stars from Moeller have included Major player. been present, I would have voted ‘‘yea’’ on League Baseball players Ken Griffey, Jr., Madam Speaker, I call on my colleagues rollcall votes 336, 337, 338, and 339. Barry Larkin, the Bell Family—Buddy, David, and the Obama Administration to work for the f Mike, and Rick—and many others. I must not swift release of these two women back to their PERSONAL EXPLANATION fail to mention that our own House Minority families. Leader JOHN BOEHNER is a 1968 graduate of f this esteemed Cincinnati high school. HON. MICHAEL H. MICHAUD Madam Speaker, please join me in con- HONORING MARY LASH OF MAINE gratulating Moeller on yet another State IN THE HOUSE OF REPRESENTATIVES Championship. Go Moe. HON. LINDA T. SA´ NCHEZ Tuesday, June 16, 2009 f OF CALIFORNIA Mr. MICHAUD. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES SENTENCING OF TWO AMERICANS today to inform you of the circumstances re- IN NORTH KOREA Tuesday, June 16, 2009 garding my absence on June 15, 2009. Yes- terday, I, along with members of the Maine Ms. LINDA T. SA´ NCHEZ of California. and New Hampshire congressional delega- Madam Speaker, I rise to honor Ms. Mary HON. BETTY McCOLLUM tions, met with the Honorable Ray Mabus, Elizabeth Lash, who is currently teaching in OF MINNESOTA Secretary of the Navy, to discuss matters con- Paramount, California, in my Congressional IN THE HOUSE OF REPRESENTATIVES cerning the Portsmouth Naval Shipyard. Unfor- District, and has been teaching for a remark- tunately, because of this meeting, I was un- Tuesday, June 16, 2009 able 59 years. She is California’s longest-serv- able to make it back to Washington in time to Ms. MCCOLLUM. Madam Speaker, I rise ing credentialed teacher. register my votes. If I were present, I would today to call for the immediate release of two Nearly all of Mary’s 59 years of teaching have voted in favor of H.R. 430, H.R. 2325, U.S. journalists, Laura Ling and Euna Lee, have been in the Paramount Unified School H.R 729, and H.R. 540. sentenced to twelve years hard labor in North District. In 1950, the Compton Unified School Korea. District hired Mary as a Home Economics f On March 17, 2009, Laura Ling and Euna teacher at Paramount Junior High School. In EARMARK DECLARATION Lee were arrested by North Korean officials 1953, when Paramount formed its own unified while investigating the plight of North Korean school district, she took a Home Economics HON. JERRY MORAN refugees fleeing to China. The North Korean position at Paramount Senior High School, OF KANSAS government accused the two women of com- where she continues to teach today. IN THE HOUSE OF REPRESENTATIVES mitting hostile crimes against the Korean na- In 1955, Mary began working with the high tion and illegally crossing the North Korean school youth organization known as the ‘‘Cor- Tuesday, June 16, 2009 border. On June 8, after a four-day trial con- sairs’’ as the assistant to its founder. This Mr. MORAN of Kansas. Madam Speaker, ducted largely in secret, Ms. Ling and Ms. Lee service organization remains under Mary’s pursuant to the Republican Leadership stand- were sentenced to twelve years of hard labor leadership 54 years later. She has influenced ards on earmarks, I am submitting the fol- in a North Korean prison camp. many young men and women into a life of lowing information regarding earmarks I re- North Korea’s blatant disregard for due service to others through this organization. ceived as part of H.R. 2847, the Commerce, process and human rights in the treatment of Mary was also a charter organizer of Future Justice, Science, and Related Agencies Ap- these two women is unacceptable. Inter- Homemakers of America/HERO, which is a propriations Act, 2010: national human rights organizations have national service organization whose goal is to Requesting Member: Congressman JERRY unanimously declared their conviction the re- develop citizenship, leadership, life skills, and MORAN sult of inflated accusations and a ‘‘sham trial’’. career goals through competition, recognition Bill Number: H.R. 2847 Despite being party to the International Cov- events, and club-sponsored activities. Para- Agency/Account: DOJ, COPS Law Enforce- enant on Civil and Political Rights, North Ko- mount High School’s chapter of Future Home- ment Technology rea’s judicial system fails international fair trial makers of America/HERO has earned several Legal Name of Requesting Entity: City of standards for transparency, independence, Silver and Gold Medals in prepared speech, Dodge City Police Department and conviction based on recognized criminal community involvement, and chapter exhibit Address of Requesting Entity: 110 W. Bruce offenses. Unfortunately, the arrest and convic- events on both the National and State Levels. St., Dodge City, KS 67801 tion of these two American journalists is but Madam Speaker, I ask that you join with me Description of Project: I have secured one example of the oppression under which today in tribute to Ms. Mary Elizabeth Lash as $200,000 for the Dodge City Police Depart- North Koreans have suffered for too long. she is being honored in California for being its ment Equipment and Technology Upgrade

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00022 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15513 Project. Funding will be used for a variety of based only on the domestic deposits held by tions assets and not the deposits, the FDIC equipment and technology upgrades that in- the bank, rather than on the bank’s total as- has recognized that any threat to the fund cludes crime scene mapping and surveying sets. As a result, banks with assets of $1 bil- through a bank failure is dependent upon the upgrades, building security and safety cam- lion or fewer pay assessments on nearly 80 liabilities that exist in a bank’s assets, not their eras, and training room upgrades. percent of their liabilities because domestic deposits. Requesting Member: Congressman JERRY deposits are their primary source of funding. This was a good first step toward requiring MORAN Meanwhile, banks with more than $10 billion systemically significant banks to pay their fair Bill Number: H.R. 2847 in assets pay premiums on only 47 percent of share into the DIF, but Congress must take Agency/Account: DOJ, COPS Law Enforce- their liabilities. action to codify this assessment base for all ment Technology So, under the current system, while small quarterly payments into the DIF and create Legal Name of Requesting Entity: City of banks pay insurance premiums on nearly their system risk premiums for those banks deemed Liberal Police Department entire balance sheets, large banks pay on only ‘‘too-big-to-fail.’’ Address of Requesting Entity: P.O. Box half. I think we have it backwards. I think the I am introducing this bill today, because I 2199, Liberal, KS 67905 largest banks with the riskiest investments think this issue should be on the table as we Description of Project: I have secured should be responsible for paying more into the consider legislation to overhaul our financial $200,000 for the Liberal Police Department Deposit Insurance Funds than our Main Street regulatory system. Deciding who will bear the Equipment Upgrade Project. The department banks that generally stay away from subprime financial burden for the systemically important is in serious need of some upgrades to current mortgages and don’t invest in mortgage institutions is, I believe, a fundamental aspect equipment including portable and car radios, backed securities or credit derivative swaps. of the regulatory restructuring debate. Above mobile vehicle recorders, firearms, and hol- The absurd result of the current system is all, the ‘‘Bank Accountability and Risk Assess- sters. Their current radios are between 7 to 10 that banks with fewer than $10 billion in as- ment Act of 2009’’ will return fairness to the years old and are beginning to deteriorate. Pa- sets pay approximately 30 percent of the total deposit insurance assessment process. trol vehicles are equipped with mobile vehicle assessment base, although they hold only I urge my colleagues to support this impor- recorders which are 6 to 7 years old and have about 20 percent of total bank assets. This tant regulatory reform bill. started to deteriorate as well. Funding will be discrepancy is exacerbated by the fact that the f used for the City of Liberal Equipment Up- largest institutions are ‘‘too-big-to-fail,’’ and it grade Project to help remedy this situation. can be argued that their depositors and other TRIBUTE TO MAJOR GENERAL Requesting Member: Congressman JERRY creditors enjoy superior protection than do the JAMES R. MYLES OF THE U.S. MORAN depositors and creditors of ‘‘too-small-to save’’ ARMY AVIATION AND MISSILE Bill Number: H.R. 2847 banks. COMMAND Agency/Account: DOJ, OJP–Byrne Jag Pro- I believe that each institution should pay an gram insurance fee based on risk. And where does HON. SOLOMON P. ORTIZ Legal Name of Requesting Entity: City of risk come from? It does not come from depos- OF TEXAS Hutchinson Police Department its, but from the assets and investments of IN THE HOUSE OF REPRESENTATIVES Address of Requesting Entity: 210 W. 1st, banks. We’ve seen how assets—like mortgage Tuesday, June 16, 2009 Hutchinson, KS 67501 backed securities—can turn from assets to li- Description of Project: I have secured abilities overnight. It’s just common sense that Mr. ORTIZ. Madam Speaker, I rise today to $200,000 for the Hutchinson Police Depart- banks with risky investments should pay more recognize the service and dedication of Major ment Emergency Response Team Equipment in deposit insurance premiums. General James R. Myles of the U.S. Army Upgrade Project. The Hutchinson Police De- In addition, small banks all across the na- Aviation and Missile Command. partment is in great need of upgrading their tion, those under $10 billion in total assets, will Major General Myles assumed command of tactical team equipment to include funding for almost universally see their premiums go the United States Army Aviation and Missile new tactical body armor, helmets, weapon down under my proposal. For example, of the Command on July 19, 2007. He first began his systems, cell disrupter, surveillance equipment 655 federally insured banks in Illinois, 651 of career with the U.S. Army in 1974 upon grad- and throw phone. Funding will be used to up- them would see their premiums reduced. Only uation from Middle Tennessee State Univer- grade these much needed items. four banks would see an increase—the four sity, where he received a bachelor’s of f largest banks. science degree in business management. He I like to compare this bill to the risk-based also earned a master’s degree in business ad- BANK ACCOUNTABILITY AND RISK pricing that the banks have forced on con- ministration from Webster University. ASSESSMENT ACT OF 2009 sumers. For years, the banks have argued His military education includes the Infantry that risk-based pricing for their products, such Officer Basic Course, Transportation Officer HON. LUIS V. GUTIERREZ as credit cards and home mortgages, is not Advance Course, Command and General Staff OF ILLINOIS only logical but fair because they only raise College, and the Army War College. His avia- IN THE HOUSE OF REPRESENTATIVES rates on those customers they feel are the tion training includes the initial entry Rotary greatest risk to the overall health of their insti- Wing Course, Aviation Maintenance Officer Tuesday, June 16, 2009 tution. Course, the UH–60 Qualification Course, and Mr. GUTIERREZ. Madam Speaker, I rise in Well, many of the same banks that utilize the Fixed Wing Qualification Course. support of the ‘‘Bank Accountability and Risk ‘‘risk-based’’ pricing for consumers required Major General Myles’ first assignment was Assessment Act of 2009.’’ This legislation, hundreds of billions of taxpayer dollars to sur- as an Infantry Platoon Leader in C–1/501st In- which I introduced today, will change the way vive. Their irresponsible actions not only cre- fantry Regiment, 101st Airborne Division (Air that the FDIC charges premiums to federally ated a huge risk for our nation’s overall finan- Assault), in Fort Campbell, Kentucky. While insured banks in order to capitalize the De- cial health, but also placed hundreds of bil- serving in Panama, his positions included Pro- posit Insurance Fund (DIF). lions of taxpayer dollars at risk. Through the duction Control Officer and Scout Platoon Specifically, my bill will do two things: First, ‘‘Bank Accountability and Risk Assessment Leader of the 210th Aviation Battalion, 193d it will create a risk-based assessment process Act of 2009,’’ I propose that the American Infantry Brigade at Fort Clayton. After moving for all insured banks. Second, it will establish people impose the same risk-based assess- to St. Louis, Missouri, he served as the Fixed a special annual risk premium for the ‘‘too-big- ment on the banks that the banks have been Wing Readiness Project Officer and Assistant to fail’’ banks that represent a systemic threat imposing on our constituents for years. SGS at TSARCOM. His final company-grade to our financial system. The FDIC has already taken a step forward assignment came as the Aviation Maintenance I am recommending these changes because in recognizing the greater risk that large, Officer for USREDCOM at MacDill Air Force I believe that our current system disproportion- money center banks represent to the DIF. Last Base in Florida. ately advantages the largest institutions at the month, the FDIC’s Board of Directors voted 4– He commanded C Company followed by the expense of small banks. For example, under 1. to base their emergency premium assess- Aviation Intermediate Maintenance Company the current system, the FDIC determines the ment off a bank’s assets and not their depos- in 2d Aviation Battalion, 2d Infantry Division at regular quarterly premiums for each bank its. By basing the assessment off the institu- Camp Casey, Korea. He then moved to Fort

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00023 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.000 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15514 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 Campbell where he served four years in the 43–2, D. Lewise, Adie, (Coleman); 43–4, Betty, Berkstresser, (Heinrich); 160th Special Operations Aviation Group as 43–2, Ann R.K., Anderson, (Kary); 43–4, Edna Hines, Bishop, (Pedlar); the Systems Integration and Maintenance Offi- 43–2, Margaret K, Boylan, (Kerr); 43–4, Martha H, Born, (Bevins); 43–2, Catherine, Bridge, (Vail); 43–4, Julia S, Bower, (Sapp); cer and Regimental Executive Officer. 43–2, Marion Brown, (Schorr); 43–4, Ann C., Brennan, (Brennan); Major General Myles’ battalion command 43–2, Betty J, Buehner, (Bachman); 43–4, Jean T, Brown, (Trench); came with the 4th Battalion, 227th Aviation, 43–2, Jane, Carter, (Emerson); 43–4, Mary Louise, Brown, (Bowden); 1st Cavalry Division, Fort Hood, Texas; fol- 43–2, Lois K, Chaffey, (Gott); 43–4, Jennie E, Burbeck, (Brown); lowed by a return assignment to the 160th 43–2, Iris C, Critcheli, (Cummings); 43–4, Hazel W, Caldwell, (Pracht); SOAR(A) as the Regimental Deputy Com- 43–2, Barbara, Darnell, (Russell); 43–4, Helen B ‘‘Peg’’, Calhoun, (Calhoun); mander. He was selected to command the 43–2, Katherine, deBarnard, (deBarnard); 43–4, Virginia, Clair, (Clair); 17th Aviation Brigade in Yongsan, Korea, and 43–2, Patricia A, Dickerson, (Dickerson); 43–4, Mary Ann, Cleary, (Thielges); completed a follow-on assignment as the 43–2, Virginia A, Disney, (Alleman); 43–4, Dorothy R, Colburn, (Colburn); 43–2, Patricia C, Erickson, (Chadwick); 43–4, Bertha M, Collins, (Miller); Eighth Army Chief of Staff. He left Korea for 43–2, Carol, Fillmore, (Fillmore); 43–4, Vera K, Cook, (Cook); a position as the Chief of the Middle-East Divi- 43–2, Marie, Genaro, (Muccie); 43–4, Juanita, Cooke, (Bolish); sion on the Joint Staff in Washington, DC. 43–2, Ellen H, Gery, (Gery); 43–4, Violet C, Cowden, (Thurn); Major General Myles would return to Fort 43–2, Frances, Gustayson, (Dias); 43–4, Nancye Ruth, Crout, (Lowe); Hood as the Assistant Division Commander of 43–2, Emily, Harden, (Hiester); 43–4, Rosa L. Meek, Dickerson, (Fullwood); the First Cavalry Division, and the Com- 43–2, Ruth R, Hawkins, (Thompson); 43–4, Dwight B, Diel, (Hildinger); manding General of the United States Army 43–2, Ruth, Helm, (Dailey); 43–4, Janet J, Dirlam, (Zuchowski); Operational Test Command. 43–2, Geraldine B, Hill, (Masinter); 43–4, Bert H, Dodd, (Dodd); 43–2, Alma Marie, Hinds, (Jerman); 43–4, Marian J, Edwards, (Bradley); His most recent assignment was Com- 43–2, Mary D, Huber, (Darling); 43–4, Mary Edith, Engle, (Engle); manding General of the United States Army 43–2, Betty E, Joiner, (Eames); 43–4, Natalie L, Fahy, (Ellis); Test and Evaluation Command in Alexandria, 43–2, Zelda, Lamer, (Lamer); 43–4, Grace C, Fender, (Clark); VA. Currently, Major General Myles is the 43–2, Paula, Loop, (Loop); 43–4, Ruth T, Florey, (Underwood); Commanding General of the Army Aviation 43–2, Melvina K, Maier, (Maier); 43–4, Maryalice, Ford, (L’Hommedieu); and Missile Command at Redstone Arsenal, 43–2, Rita, McArdle, (Moynahan); 43–4, Lauretta, Foy, (Beaty); Alabama. 43–2, Jary J, McKay, (Johnson); 43–4, Ruth I, Gamber, (Gamber); Major General Myles continues to serve our 43–2, Virginia, Moffatt, (Moffatt); 43–4, Mary E, Grant, (Hines); 43–2, Dorothy, Nichols, (Nichols); 43–4, Rosalie L, Grohman, (Grohman); country diligently and with great honor. Today, 43–2, Mary Tufts, O’Brien, (Trotman); 43–4, Virginia, Hagerstrom, (Jowell); I ask that my colleagues join me in recog- 43–2, Avanell, Pinkley, (Pinkley); 43–4, Janice R, Harris, (Tate); nizing the work he has done for the U.S. Army 43–2, Ruth F, Reynolds, (Franckling); 43–4, Barbara W, Heinrich, (Willis); and our country. 43–2, Florence L, Roberson, (Lawler); 43–4, Gwendolyne E, Hickerson, (Cowart); f 43–2, Helen, Rownd, (Ricketts); 43–4, Margery, Holben, (Moore); 43–2, Martha D, Rupley, (Wagenseil); 43–4, Catherine M, Houser, (Houser); HONORING THE WOMEN AIRFORCE 43–2, Elizabeth W, Smith, (Whitlow); 43–4, Constance L, Howerton, (Llewellyn); SERVICE PILOTS OF WORLD WAR 43–2, Helen S, Stone, (Stone); 43–4, Joanne M, Jenks, (Trebtoske); II 43–2, Ruth Grimm, Trees, (Trees); 43–4, Rena D’Arcy, Jones, (Wilkes); 43–2, Margaret A, Tunner, (Hamilton); 43–4, Cornelia Y, Kafka, (Colby); 43–2, Lila C, Vanderpoel, (Chapman); 43–4, Isabel M, Karkau, (Steiner); HON. ILEANA ROS-LEHTINEN 43–3, Marcia C, Bellassai, (Courtney); 43–4, Lyda M, Keefe, (Dunham); OF FLORIDA 43–3, Mary N, Beritich, (Beritich); 43–4, Willie P, Kelly, (Peacock); IN THE HOUSE OF REPRESENTATIVES 43–3, Esther D, Berner, (Pool); 43–4, Lydia N, Kenny, (Lindner); 43–3, Clarice M, Bessent, (Bessent); 43–4, Eileen M, Kesti, (Roach); Tuesday, June 16, 2009 43–3, Katherine A, Brick, (Menges); 43–4, Kittie, King, (Leaming); Ms. ROS-LEHTINEN. Madam Speaker, as 43–3, Betty June Budde, (Deuser); 43–4, Virginia, Krahn, (Luttrell); the House author of legislation to award the 43–3, Mildred, Chapin, (Toner); 43–4, Jean, Landis, (Landis); Congressional Gold Medal to the Women 43–3, Betty A, Fernandes, (Archibald); 43–4, Barbara J, Lazarsky, (Ward); 43–3, Gretchen, Graba, (Gorman); 43–4, Hazel Ying ‘‘Ah Ying’’, Lee, (Lee); Airforce Service Pilots of World War II, I re- 43–3, Frances F, Grimes, (Grimes); 43–4, Mary M, Lewis, (Rosso); quest that the names of these brave patriots 43–3, Lois B, Halley, (Brooks); 43–4, Mary, Lyman, (Clifford); be inserted for history’s sake: 43–3, Marion, Hanrahan, (Hanrahan); 43–4, Margie, Maddox, (Heckle); WOMEN AIRFORCE SERVICE PILOTS OF WORLD 43–3, Anna F, Isbell, (Franckman); 43–4, Doris, Manuel, (Manuel); WAR II 43–3, Elaine, Jones, (Jones); 43–4, Betty L, Martin, (Naffz); Class, First Name, Name Post–WASP, 43–3, Louise, Kidd, (Kidd) 43–4, Viola, Mason, (Thompson); Name in Training: 43–3, Florence E, Knight, (Knight); 43–4, Mary C, McConkey, (Wilson); 43–1, Lovelle, Benesh, (Richards); 43–3, Mary L, Leatherbee, (Leatherbee); 43–4, Mary Jane, Meikle, (Stephens); 43–1, Betty, Blake, (Tackaberry); 43–3, Grace B, Mayfield, (Birge); 43–4, Virginia, Meloney, (Malany); 43–1, Claire G, Callaghan, (Callaghan); 43–3, Dora, McKeown, (Dougherty); 43–4, Ruby E, Menaching, (Mullins); 43–1, Marjorie, Deacon, (Ketchum); 43–3, Beatrice A.T., Medes, (Medes); 43–4, Madge A, Minton, (Rutherford); 43–1, Marion J, DeGregorio, (Mackey); 43–3, Elsie D, Monaco, (Dyer); 43–4, Dorothea M, Moorman, (Johnson); 43–1, Byrd Howell, Granger, (Granger); 43–3, Laurine Y, Nielsen, (Nielsen); 43–4, Mary B, Nelson, (Bowles); 43–1, Marjorie M, Gray, (Gray); 43–3, Jean Hanmer, Pearson, (Pearson); 43–4, Patricia L, Newlon, (Hanley); 43–1, Ruth, Hellman, (Hellman); 43–3, Virginia B, Pierce, (Crinklaw); 43–4, Eolyne Y, Nichols, (Nichols); 43–1, Evelyn, Howren, (Greenblatt); 43–3, Elinore, Pyle, (Owen); 43–4, Eunice S, Oates, (Oates); 43–1, Ann R, Johnson, (Johnson); 43–3, Vilma, Qualls, (Lazar); 43–4, Dorothy, Olsen, (Kocher); 43–1, G.C.‘‘Brownie’’, Kindig, (Brown); 43–3, Elin, Raimondi, (Harte); 43–4, June L, Petto, (Ellington); 43–1, Edna C, Kingdon, (Collins); 43–3, Mabel, Rawlinson, (Rawlinson); 43–4, Martha J, Phillips, (Potter); 43–1, Marjorie, Kumler, (Kumler); 43–3, Frederica, Richardson, (McAfee); 43–4, Jennie X, Reimann, (Hrestu); 43–1, Elizabeth A, Matray, (McKinley); 43–3, Lillian, Roberts-Risdon, (Conner); 43–4, Faith B, Richards, (Buchner); 43–1, Margaret E, McCormick, (McCor- 43–3, Joyce E, Secciani, (Sherwood); 43–4, Henrietta, Richmond, (Richmond); mick); 43–3, Marie, Shale, (Shale); 43–4, Margaret H, Riviere, (Reeves); 43–1, Sidney, Miller, (Miller); 43–3, Mary Belle, Smith, (Ahlstrom); 43–4, Jeanne B, Robertson, (Robertson); 43–1, Eleanor, Morgan, (Boysen); 43–3, Isabel, Stinson, (Fenton); 43–4, Frances R, Sargent, (Rohrer); 43–1, Mary Lou, Neale, (Colbert); 43–3, Shirley, Thackara, (Ingalls); 43–4, Helen M, Schaefer, (Schaefer); 43–1, Marylene ‘‘Geri’’, Nyman, 43–3, Bertha, Trasky, (Link); 43–4, Gene S, Scharlau, (Slack); (Lamphere); 43–3, Emma, Ware, (Coulter); 43–4, Ethel M, Sharon, (Sharon); 43–1, Vega, Sogg, (Johnson); 43–3, Lois H, Ziler, (Hollingsworth); 43–4, Dorothea G, Shultz, (Shultz); 43–1, Jane S, Straughan, (Straughan); 43–4, Nancy Lee, Baker, (Baker); 43–4, Margaret, Sliker, (Bruns); 43–1, Magda T, Tacke, (Tacke); 43–4, Elizabeth, Bane, (Mitchell); 43–4, Helen Wyatt, Snapp, (Snapp); 43–1, Dorothy L, Young, (Young); 43–4, Eleanor E, Beith, (Moriarity); 43–4, Patti M, Stadler, (Canada);

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Lee, Wheelwright, (Leonard); 43–5, Lorraine, Blaylock, (Sterkel); 43–5, Harriet L, White, (Urban); 43–6, Orpha M, Wilson, (Brunsvoid); 43–5, Betty, Boyd, (Shea); 43–5, F. Virginia, Williams, (Acher); 43–6, Maxine A, Wright, (Nolt); 43–5, Ruth A, Boyea, (Anderson); 43–5, Wilma B, Wine, (Morehead); 43–6, Virginia H, Yates, (Yates); 43–5, Mary ‘‘Pat’’, Call, (Hiller); 43–6, Helen T, Abell, (Abell); 43–6, Margaret, Lowell-Wallace, (Lowell- 43–5, Jane, Campbell, (Thomas); 43–6, Moya, Anonson, (Mitchell); Wallace); 43–5, Charlotte M, Carl, (Mitchell); 43–6, Louesa F, Beard, (Thompson); 43–7, Leonora H, Anderson, (Horton); 43–5, Ann G, Carl, (Baumgartner); 43–6, Lana B, Boxberger, (Cusack); 43–7, Dorothy A, Avery, (Avery); 43–5, Janice, Christensen, (Christensen); 43–6, Mary T, Breitenstein, (McDonnell); 43–7, Mildred D, Axton, (Axton); 43–5, Sylvia D, Clayton, (Dahmes); 43–6, Hazel M, Brooks, (Pierce); 43–7, Jean McCartney, Babb, (Babb); 43–5, 43–5, Clements, (Clements); 43–6, Blanche, Bross, (Osborn); 43–7, Sylvia B, Barter, (Barter); 43–5, Ruthmary, Cole, (Buckley); 43–6, Rebecca H, Brown, (Edwards); 43–7, M. Allaire, Bennett, (Bennett); 43–5, Virginia, Cutler, (Streeter); 43–6, Martha L, Bullock, (Smith); 43–7, Thelma N, Bluhm, (Harris); 43–5, Jeanne Perot, D’Ambly, (D’Ambly); 43–6, Mildred C, Caldwell, (Caldwell); 43–7, Caro, Bosca, (Bayley, 43–5, Solange, D’Hooghe, (D’Hooghe); 43–6, Mimi P, Carrere, (Platter); 43–7, Nell S, Bright, (Stevenson); 43–5, Edna, Davis, (Modisette); 43–6, Mildred M, Christiansen, 43–7, Mary Helen, Burke, (Burke); 43–5, Helen Irene, DeGray, (Fremd); (McClelland); 43–7, Elizabeth P, Carroll, (Hartz); 43–5, Helen, Dettweiler, (Dettweiler); 43–6, Carol E, Cook, (Webb); 43–7, Betty J, Clark, (Clark); 43–5, Floella, Downs, (McIntyre); 43–6, Ann, Currier, (Waidner); 43–7, Carolyn, Clayton, (Clayton); 43–5, Jean L, Dunkle, (Livingston); 43–6, Lauretta A, Darcy, (Darcy); 43–7, Emeral, Drummond, (Drummond); 43–5, Dorothy Ellen, Ebersbach, 43–6, Shirley J, deGonzales, (Condit); 43–7, Lois, Durham, (Bolen); (Ebersbach); 43–6, Lorena B, Dorr, (Daly); 43–7, Babette, Edinger, (DeMoe); 43–5, Vivian, Eddy, (Cadman); 43–6, Adeline, Ellison, (Wolak); 43–7, Eleanore C, Folk, (Bryant); 43–5, Josephine, Egan, (Pitz); 43–6, Enid C, Fisher, (Fisher); 43–7, Dorothy, Fowler, (Fowler); 43–5, Ellen, Endacott, (Endacott); 43–6, Libby, Gardner, (Gardner); 43–7, Doris L, Garrison, (LeFevre); 43–5, Ellen C, Evans, (Croxton); 43–6, Joann, Garrett, (Garrett); 43–7, Mary A, Gresham, (Gresham); 43–5, Leotta C, Feyen, (Cook); 43–6, Bethel G, Gibbons, (Gibbons); 43–7, Lela, Harding, (Loudder); 43–5, Ethel M, Finley, (Meyer); 43–6, Patricia A, Gibson, (Bowser); 43–7, L. Ann, Hazzard, (Morgan); 43–5, Harriet N, Fisher, (MacLane); 43–6, Margaret, Grant, (Callahan); 43–7, Jane P, Hlavacek, (Page); 43–5, Ruth E, FitzSimons, (FitzSimons); 43–6, Margaret M, Hatfield, (Wendelin); 43–7, Ann R, Holaday, (Holaday); 43–5, Izydora, Focht, (Bochanek); 43–6, Dorothy, Henesy, (Hopkins); 43–7, Virginia M, Hope, (Hope); 43–5, Monica, Frasseto, (Flaherty); 43–6, Dorothy P, Hoover, (Hoover); 43–7, Neva, Hubbard, (Calderwood); 43–5, Lillian E, Goodman, (Epsberg); 43–6, Jean M, Howard, (Taylor); 43–7, Frances M, Hunt, (Thompson); 43–5, Sylvia, Granader, (Schwartz); 43–6, Margaret M, Hurlburt, (Hurlburt); 43–7, Katherine R, Irons, (Clewis); 43–5, Elizabeth E, Greene, (Greene); 43–6, Bernice, Hylton, (Hylton); 43–7, Marian, Isbill, (Isbill); 43–5, Kathryn S, Gunderson, (Stark); 43–6, Evelyn M, Jackson, (Stewart); 43–7, Phyllis M, Jarman, (Jarman); 43–5, Virginia C, Hammond, (Wilson); 43–6, Capitola, Johnson, (Whittaker); 43–7, Aleta M, Johnson, (Grill); 43–5, Mary, Hartson, (Hartson); 43–6, Nancy Ruth, Johnson, (Johnson); 43–7, Mitchell I, Long, (Long); 43–5, Geraldine P, Hill, (Hill); 43–6, Grace R, Jones, (Putman); 43–7, Marian G, Mann, (Mann); 43–5, Marion S, Hodgson, (Stegeman); 43–6, Catherine E, Jones, (Jones); 43–7, Marie E, Marsh, (Barrett); 43–5, Helen, Holland, (Turner); 43–6, Lorene M, Keyfauver, (Chambers); 43–7, Isabel E, Martell, (Tynon); 43–5, Charlotte, Hughes, (Niles); 43–6, Nelle L, Klein, (Carmody); 43–7, Dorothy I, McLean, (McLean); 43–5, Celia M, Hunter, (Hunter); 43–6, Margaret, Kocher, (Helburn); 43–7, Tex, Meachem, (Brown); 43–5, Ruth C, Johnson, (Carter); 43–6, Katherine, Kornblum, (Kupferberg); 43–7, Carolyn C, Miller, (Culpepper); 43–5, Geraldine H, Jordan, (Hardman); 43–6, Eleanor L, Lawry, (Feeley); 43–7, Katharine J, Moore, (Merritt); 43–5, Frances, Kari, (Green); 43–6, Bernice, Lechow, (Moore); 43–7, Anne C, Oliver, (Dessert); 43–5, Ann M, Kenney, (Karlson); 43–6, Elizabeth L, Loveless, (Carsey); 43–7, Helen T, Pittenger, –(Barrick); 43–5, Julie E, Ledbetter, (Ledbetter); 43–6, Ann C, Madden, (Criswell); 43–7, Constance Y, Reynolds, (Young); 43–5, Irene G, Lindner, (Gregory); 43–6, Florence J, Marston, (Niemiec); 43–7, Robbie, Rinehart, (Grace); 43–5, Alice, Lovejoy, (Lovejoy); 43–6, Margaret L, McAnally, (Castle); 43–7, Jean C, Rose, (Parker); 43–5, Allison B, McBride, (Burns); 43–6, Lucy B, Walker, McGinnis, (UNK); 43–7, Gertrude, Silver, (Tompkins); 43–5, Jill S, McCormick, (McCormick); 43–6, Alice L, Middleton, (Middleton); 43–7, MozelleI, Simpson, (Simpson); 43–5, Lucille F, McVey, (Friesen); 43–6, Anna L, Monkiewicz, (Flynn); 43–7, Katherine L, Steele, (Landry); 43–5, Ruth, Muller, (Lindley); 43–6, Corinne W, Nienstedt, (Nienstedt); 43–7, Patricia J, Sullivan, (Seares); 43–5, Pauline, Mulligan, (Markle); 43–6, Jane Patch-Crowder, (Wilson); 43–7, Jane, Tallman, (Tallman); 43–5, Roberta E, Mundt, (Mundt); 43–6, Frances B, Pullen, (Buford); 43–7, Audrey, Tardy, (Tardy); 43–5, Marianne I, Nutt, (Beard); 43–6, Mary Ruth, Rance, (Rance); 43–7, Wilhelmina M, Teerling, (Teerling); 43–5, Yvonne C ‘‘Pat’’, Pateman, 43–6, Lola C, Ricci, (Perkins); 43–7, Gene K, Wakeley, (Smith); (Pateman); 43–6, Margaret, Roberts, (Wissler); 43–7, Justice Mary C, Walters, (Coon);

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00025 Fmt 0689 Sfmt 0634 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15516 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 43–7, Sara, Winston, (Chapin); 44–1, Virginia D, O’Neill, (Stell); the Congressional Gold Medal to the Women 43–7, Lucile D, Wise, (Doll); 44–1, Mary A, O’Rourke, (Jershin); Airforce Service Pilots of World War II, I re- 44–1, Anne B, Rawlings, (Bartholf); 43–7, M. Winifred, Wood, (Wood); quest that the names of these brave patriots 43–7, Yvonne C, Wood, (Ashcraft); 44–1, H. Lorraine, Raymond, (Fiedler); 43–7, Lillian, Yonally, (Lorraine); 44–1, Dolores M, Reed, (Meurer); be inserted for history’s sake: 43–7, Doris H, Zaloudek, (Ellena); 44–1, Marjorie E, Rees, (Ellfeldt); WOMEN AIRFORCE SERVICE PILOTS OF WORLD 44–1, Alice L, Riss, (Riss); 43–8, Adaline B, Adams, (Blank); WAR II 44–1, Jane O, Robbins, (Robbins); 43–8, Esther, Ammerman, (Mueller); 44–1, Phyllis, Ryder, (Ryder); Class, First Name, Name, Post-WASP, 43–8, Lois M, Auchteronie, (Dobbins); 44–1, Carolyn P, Saas, (Wood); Name in Training: 43–8, Rae E, Barnes, (Barnes); 44–1, Gwendolyn C, Scales, (Scales); 44–10, Margaret E, Temme, (Eger); 43–8, May Pietz, Behrend, (Ball); 44–1, Mary, Smith, (Beecham); 44–10, Louise, Thokey, (Magoon); 43–8, Frances A, Blakeslee, (Jensen); 44–1, Elizabeth B, Strohfus, (Wall); 44–10, Joan M, Uhalt, (Freter); 43–8, Ruth, Brown, (Humphreys); 44–1, Josephine, Swift, (Keating); 44–10, Natalie, Vinson, (Jones); 43–8, Marilyn L, Browning, (Seafield); 44–1, Rosina, Todd, (Lewis); 44–10, Mary J, Wagner, (Ceyanes); 43–8, Elvira G, Cardin, (Griggs); 44–1, Eleanor, Vaughn, (Hinkle); 44–10, Janis M, Wheatley, (Gregg); 43–8, Jacqueline L, Carmine, (Lake 44–1, Margaret C, Watson, (Harper); 44–10, Florence E, Wheeler, (Emig); 43–8, Ann L, Clay, (Lincoln); 44–1, Anna L, White, (Hopkins); 44–10, Betty, White, (Fulbright); 43–8, Janet A, Downer, (Hatch); 44–1, Eileen A, Worden, (Kealy); 44–10, Elizabeth L, Whiting, (Phillips); 43–8, Marjorie, Dresbach, (Selfridge); 44–1, Barbara M, Robinson, (Manchester); 44–10, Mary Anna, Wyall, (Martin); 44–10, Suzanne L, Armstrong, (Bane); 43–8, Elizabeth V, Dressler, (Chadwick); 44–10, Ann, Atkeison, (Atkeison); 44–10, Frankie, Yearwood, (Yearwood); 43–8, Elizabeth Jana, Eberly, (Crawford); 44–10, Jerrie, Badger, (Phillips); 44–10, Millicent A, Young, (Peterson); 43–8, Irene K, Englund, (Kinne); 44–10, Christine W, Browning, (Grayson); 44–10, Jacquelyn, Zerland, (Riley); 43–8, Jocelyn, Evernham, (Moore); 44–10, Pam L, Carr, (Carr); 44–2, Kate Lee, Adams, (Harris); 43–8, Mary E, Fearey, (Estill); 44–10, Ann, Carter, (Shaw); 44–2, Ruth, Adams, (Adams); 43–8, Maxine E, Flournoy, (Edmondson); 44–10, Helen B, Celler, (Celler); 44–2, Twila E, Andrews, (Edwards); 43–8, Joalene, Foster, (Snodgress); 44–10, Emily, Chapin, (Chapin); 44–2, Clarice I., Bergemann, (Siddall); 43–8, Mary M, Furn, (Furn); 44–10, Virginia A, Coakley, (McPike); 44–2, Eleanor J, Brady, (Patterson); 43–8, Donna S, Glendinning, (Spellick); 44–10, Rosa Charlyne, Creger, (Creger); 44–2, Maisie Kay, Browning, (Clevely); 43–8, Jeannette, Goodrum, (Gagnon); 44–10, Helen P, Davis, (Paine); 44–2, Annelle H, Bulechek, (Henderson); 43–8, Helen M, Hansen, (Skjersaa); 44–10, Dorothy H, Davis, (Davis); 44–2, Virginia D, Campbell, (Dulaney); 43–8, Lois Gene, Holman, (French); 44–10, Patricia, Detchon, (Disston); 44–2, Susan P, Clarke, (Clarke); 44–10, Suzette, Douglas, (Van Daell); 43–8, Bobbye C, Jersig, (Crain); 44–2, Jean H, Cole, (Haskell); 44–10, Eleanor C, Faust, (Collins); 43–8, Effie M, Kempton, (Pratt); 44–10, Martha B, Gaunce, (Blair); 44–2, Phyillis Sally, Felker, (Tobias); 43–8, Dorothy M, Kielty, (Kielty); 44–10, Mary, Jo Germaine, (Bardsley); 44–2, Dorothy C, Goot, (Hawkins); 43–8, Doris M, Long, (Moffat); 44–10, Margaret W, Gilman, (Werber); 44–2, Doris J, Hamaker, (Elkington); 43–8, Helen Jane, Luts, (Trigg); 44–10, Ellen A, Graff, (Howard); 44–2, Mary L, Heckman, (Heckman); 43–8, Elizabeth S, Lux, (Stavrum); 44–10, Ruth W, Guhse´, (Glaser); 44–2, Kathryn F, Herman, (Herman); 43–8, Loes M, MacKenzie, (Monk); 44–10, Betty S, Harlan, (Stabler); 44–2, Verda-Mae, Jennings, (Lowe); 43–8, Dori M, Martin, (Marland); 44–10, Virginia, Hash, (Hash); 44–2, Marjorie J, Johnson, (Johnson); 43–8, Marcia W, Milner, (Wenzel); 44–10, Sara P, Hayden, (Payne); 44–2, Mary Ellen, Keil, (Kell); 43–8, Elizabeth Munoz, (Keatts); 44–10, Catherine M, Henzel, (McGrath); 44–2, Ruth M, Kunkie, (Weller); 43–8, Lois L, Nash, (Nash); 44–10, Kathleen A, Hilbrandt, (Hilbrandt); 44–2, Betty M, LeFevre, (LeFevre); 43–8, Patricia M, Perry, (Jones); 44–10, Levona L, Hove, (Hove); 44–2, Anne E, Lesnikowski, (Berry); 43–8, Margot F, Reck, (Reck); 44–10, Juanita A, Hurlbutt, (Dreier); 44–2, Joan W, Lyle, (Whelan); 43–8, Jeanette Rhamsey, (Robbins); 44–10, Dorothy K, Ireland, (Nagel); 44–2, Elizabeth, Magid, (MacKethan); 43–8, Marjorie Rolle, (Logan); 44–10, Suzanne, Jones, (Irvine); 44–2, Mary J, McCallum, (McCrae); 44–10, Ruth K, Jurnecka, (Kutner); 43–8, Iris H, Schupp, (Heiliman); 44–2, Alice M, Montgomery, (Montgomery); 44–10, Julia L, Kimport, (Loufek); 43–8, Andrea C, Shaw, (Shaw); 44–10, Dolores M, Lamb, (Lamb); 44–2, Annabelle, Moss, (Craft); 43–8, Margaret Slaymaker, (McNamara); 44–10, June S, Leckie, (Wolfe); 44–2, Esther E, Noffke, (Noffke); 43–8, Kathryn Stamps, (Stamps); 44–10, Nancy L, Mayes, (Mayes); 44–2, Madeline E, O’Donnell, (Sullivan); 43–8, Marion Toevs, (Toevs); 44–10, Frances, McAdams, (Gimble); 44–2, Joanne, Orr, (Wallace); 43–8, Betty E, Trout, (Wright); 44–10, Jean T, McCreery, (Terrell); 44–2, Mildred W, Palmer, (Grossman); 43–8, Dorothy I, Warfield, (Aspell); 44–10, Ethel L, Miller, (Lytch); 44–2, Anna Mae, Pattee, (Petteys); 43–8, Frances B, Warms, (McInerney); 44–10, Thelma K, Miller, (Hench); 44–2, Mary V, Peter, (Strok); 43–8, Doris D, Williams, (Williams); 44–10, Muriel M, Moran, (Moran); 44–2, Ruth Mary, Petry, (Petry); 44–1, Gwen O, Barthelmess, (Crosby); 44–10, Jane E, Morrison, (Morrison); 44–2, Rose L, Potter, (Puett); 44–1, Adele F, Beyer, (Beyer); 44–10, Nina K, Morrison, (Morrison); 44–2, Rose D, Reese, (Reese); 44–1, Betty J, Brickford, (Bechtold); 44–10, Nancy J, Murray, (Burnside); 44–2, Marie, Robinson, (Michell); 44–1, Harriett C, Call, (Kenyon); 44–10, Francie M, Park, (Meisner); 44–2, Lorraine H, Rodgers, (Zillner); 44–1, Ida F, Carter, (Carter); 44–10, Ruth, Phillips, (Rees); 44–2, Muriel L, Segall, (Lindstrom); 44–1, E. Marie, Clark, (Mountain); 44–10, Patricia A, Rideout, (Houran); 44–2, Frances L, Smith, (Laraway); 44–10, Josephine H, Robinson, (Kater); 44–1, Mardo C, Crane, (Crane); 44–2, Jean M, Soard, (Moore); 44–10, Ruby L, Rosenthal, (Hibbler); 44–1, Katherine Dussaq, (Dussaq); 44–10, Mittie P, Schirmer, (Parsley); 44–2, Yvonne, Stafford, (Stafford); 44–1, Dorothy A, Eby, (Krasovec); 44–10, Carmel, Seidenberg, (LaTorra); 44–2, Marjorie, Stewart, (Gilbert); 44–1, Bonnie Edmunds, (Edmunds); 44–10, Mary Jane, Sellers, (Lind); 44–2, Frances M, Tuchband, (Smith); 44–1, Madelyn M, Eggleston, (Taylor); 44–10, Gaill G, Sigford, (Sigford); 44–2, Margaret E, Twito, (Ehlers); 44–1, Dorothy J, Eppstein, (Dodd); 44–10, Mary L, Simmonds, (Van Scyoc); 44–2, J Margaret, Walker, (Needham); 44–1, Gene T, FitzPatrick, (Shaffer); 44–10, Ailsa M, Simonson, (Connolly); 44–2, Mary M, Willson, (Saunders); 44–1, Anna M, Frenzel, (Logan); 44–10, Henrietta P, Sproat, (Speckels); 44–2, Jane, Wisewell, (Rutherford); 44–1, Doris C, Gee, (Gee); 44–10, Barbara, Squire, (Searles); 44–2, W. Ruth, Woods, (Woods); 44–1, Rosemary, Hall, (Hall); f 44–2, Leona H, Zimmer, (Golbinec); 44–1, Dorothy E, Henry, (Henry); 44–3, June E, Bent, (Braun); 44–1, Madelon, Hill, (Burcham); HONORING THE WOMEN AIRFORCE 44–3, Marquerite T, Bernhardt, (Tuffin); 44–1, Jeanette Jean, Jenkins, (Jenkins); SERVICE PILOTS OF WORLD WAR 44–3, Eunice E, Boardman, (Boardman); 44–1, Ruth Craig, Jones, (Jones); II 44–3, Vergie M, Buchele, (Bryant); 44–1, Edith, Keene, (Keene); 44–3, Elizabeth M, Chambers, (Chambers); 44–1, Emily I, Kline, (Porter); 44–3, Margaret D, Christian, (DeBolt); 44–1, Mary, McCabe, (Koth); HON. SUSAN A. DAVIS 44–3, Marjorie, Christiansen, (Redding); 44–1, Ethel D, McDonald, (Hoskins); OF CALIFORNIA 44–3, Mary C, Cox, (Cooper); 44–1, Martha A, Mitchell, (Wilkins); IN THE HOUSE OF REPRESENTATIVES 44–3, Ann Russell, Darr, (Darr); 44–1, Catherine A, Murphy, (Murphy); Tuesday, June 16, 2009 44–3, M.Joy, DeCosta, (Jehl); 44–1, Doris, Nathan, (Burmester); 44–3, Virginia Lee, Doerr, (Warren); 44–1, Alberta, Nicholson, (Hunt); Mrs. DAVIS of California. Madam Speaker, 44–3, Betty Jane, Erenberg, (Hanson); 44–1, Anne, Noggle, (Noggle); as the House coauthor of legislation to award 44–3, Mary H Crane, Foster, (Foster);

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00026 Fmt 0689 Sfmt 0634 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15517 44–3, Ann M, Frink, (Brothers); 44–4, Frances R, Reeves, (Roulstone); 44–5, Jennie L, Wynne, (Gower); 44–3, Josephine F, Gale, (Martin); 44–4, Betty W, Roberts, (Hayes); 44–6, Kay, Alspach, (Alspach); 44–3, Virginia N, Grant, (Grant); 44–4, Alyce S, Rohrer, (Stevens); 44–6, Edna B, Atkins, (Harrison); 44–3, Starley M, Grona, (Grona); 44–4, Anabel L, Ruso, (Earp); 44–6, Pauline C, Banken, (Canney); 44–3, Isabelle G, Hale, (McCrae); 44–4, Elizabeth H, Shipley, (Williamson); 44–6, Beverley, Beesemyer, (Beesemyer); 44–3, Maxine H, Harvey, (Manogue); 44–4, Dorothy L, Sweeney, (Herthneck); 44–6, Juner, Bellew, (Bellew); 44–3, Alma J, Jeschien, (Jacomini); 44–4, Shirley J, Tannehill, (Tannehill); 44–6, Mary B, Boyce, (Hilberg); 44–3, Cecily E, Kayes, (Elmes); 44–4, Doris, Tanner, (Brinker) 44–6, Frankie, Bretherick, (Lovvorn); 44–3, Kristin S, Lent, (Swan); 44–4, Jane C, Tedeschi, (Dunbar); 44–6, Helen Louise, Brown, (Hall); 44–3, Winfrey M, Leonard, (Robinson); 44–4, Della, Tissaw, (Gremling); 44–6, Mary R, Burchard, (Reineberg); 44–3, Mary P, Loomis, (MacLoed); 44–4, M. Ann, Ufer, (Ufer); 44–6, Mary H, Chappell, (Gosnell); 44–3, Elizabeth Ann, Lore, (Lore); 44–4, Ethelyn M, Young, (Sowards); 44–6, Frances E, Coughlin, (Coughlin); 44–3, Marcella M, Lucier, (Fried); 44–4, Alma E, Zell, (Velut); 44–6, Geraldine M, Crockett, (Tribble); 44–3, Lea Ola, McDonald, (McDonald); 44–5, Norma A, Anderson, (Sisler); 44–6, Irene I, Crum, (Crum); 44–3, Doris K, Muise, (Duren); 44–5, Bette N, Anderson, (Richards); 44–6, Carolyn L, Cullen, (Cullen); 44–3, Vivian G, Nemhauser, (Gilchrist); 44–5, Lorraine M, Bain, (Nelson); 44–6, Edith M, Daley, (Cragin); 44–3, Jeanne L, Norbeck, (Norbeck); 44–5, Harriet T, Blake, (Train); 44–6, Audrey W, DuCote, (Maxwell); 44–3, Beryl O, Paschich, (Owens); 44–5, Martha M, Boshart, (Mace); 44–6, Elizabeth I, Dybbro, (White); 44–3, Mary Louise, Prine, (Prine); 44–5, Irene R, Brady, (Minter); 44–6, Nancy U, Foran, (Upper); 44–3, Mary Abbie, Quinlan, (Quinlan); 44–5, Dorothy H, Burns, (Beard); 44–6, Barbara L, Foss, (Fleming); 44–3, Hazel J, Raines, (Raines); 44–5, Martha M, Carpenter, (McKenzie); 44–6, Georgia, Gehring, (Gehring); 44–3, Jimmie P, Rees, (Parker); 44–5, Urcela, Coventry, (Wald); 44–6, Elizabeth G, Goette, (Peters); 44–3, Kathryn ‘‘Kip’’, Requardt, (Hum- 44–5, Betty J, Cozzens, (Stump); 44–6, Lavina B, Green, (Lippincott); phreys); 44–5, Lillian D, Eno, (Calkins); 44–6, Ann G, Griffith, (Warren); 44–3, Hazel Sue, Richter, (Richter); 44–5, Alma L, Fornal, (Newsom); 44–6, Norma ‘‘Penny’’, Halberg, (Hall); 44–3, Dorothy M, Rooney, (Moulton); 44–5, Margaret A, Goldhahn, (Roberts); 44–6, Dorothea B, Hamilton, (Baumeister); 44–3, Mary Eleanor, Sabota, (Martin); 44–5, Holly H, Grasso, (Hollinger); 44–6, Dorothy L, Hammett, (Bancroft); 44–3, Gloria D, Schwager, (DeVore); 44–5, Harriet, Griggs, (Griggs); 44–6, Nancy, Hanks, (Hanks); 44–3, Betty, Scott, (Scott); 44–5, Janet, Hargrove, (Hargrove); 44–6, Mary B, Hansen, (Breidenbach); 44–3, Delrose, Sieber, (Sieber); 44–5, Earlene, Hayes, (Flory); 44–6, Nanette, Hazeltine; 44–3, Jeanne A, Simpson, (Wagner); 44–5, Virginia S, Healy, (Knapp); 44–6, Hayden A, Head, (Head); 44–3, Juliette, Stege, (Jenner); 44–5, Mary H, Hearn, (Nesbit); 44–6, Jean F, Hixson, (Hixson); 44–3, Clara Jo, Stember, (Marsh); 44–5, Gloria W, Heath, (Heath); 44–6, Patricia A, Hughes, (Collins); 44–3, Margaret, Tamplin, (Chamberlain); 44–5, Virginia M, Hubbard, (Williams); 44–6, Alice R, Jakle, (Jakle); 44–3, Ruth A, Thatcher, (Choquette); 44–5, Marion P, Jameson, (Jameson); 44–6, Lucy D, Johnson, (Dubiel); 44–3, Harriet M, Thyson, (Thyson); 44–5, Lucille R, Johnson, (Carey); 44–6, Janice, Kaufman, (Norton); 44–3, Evelyn R, Wahlburg, (Taylor); 44–5, Karla D, Jordan, (Mogensen); 44–6, Barbara H, Kennedy, (Hart); 44–3, Mary T, Wallace, (Gilmore); 44–5, Mary Jane, Kenward, (Stimson); 44–6, Shirley C, Kruse, (Chase); 44–3, Patricia A, Weaver, (Nethercutt); 44–5, Jean, Koehler, (McFarland); 44–6, Lorraine R, Lasswell, (Lasswell); 44–3, Norine P, Welch, (Patterson); 44–5, Dorothy M, Lewis, (Swain); 44–6, Irene M, Leahy, (McConihay); 44–3, Rita M, Wischmeyer, (Murphy); 44–5, Codye Gwen, Linder, (Clinkscales); 44–6, Joan M, Lemley, (Michaels); 44–3, Eileen, Wright, (Evans); 44–5, Mildred T, Marshall, (Taylor); 44–6, Mildred P, MacRobble, (Coats); 44–3, Shirley A, Wunsch, (Haugan); 44–5, Muriel V, Martin, (Kiester); 44–6, Marion A, Mayfield, (Hagen); 44–3, Lois A, Young, (Bristol); 44–5, Peggy M, McCaffrey, (Moynihan); 44–6, Beverly F, McCarty, (Cangiamila); 44–3, Mary W, Holden, (Waters); 44–5, Dorothy C, McCracken, (Ehrhardt); 44–6, Verneda G, McLean, (Rodriquez); 44–4, Frances E, Acker, (Standefer); 44–5, Margaret W, McGlinn, (Bergh); 44–6, Patricia, Moran, (Hopkins); 44–4, Dorothy J, Allen, (Allen); 44–5, Jeanne L, McSheehy, (McSheehy); 44–6, Dorothy B, Mosher, (Hines); 44–4, Meriem L, Anderson, (Roby); 44–5, Joan C, McWaters, (Hutton); 44–6, Betty, Niehoff, (LeVeque); 44–4, Marybelle J, Arduengo, (Lyall); 44–5, Kathryn L, Miles, (Boyd); 44–6, Eleanor R, O’Dell, (O’Dell); 44–4, Eloise, Bailey, (Huffhines); 44–5, Jane C, Miller, (Dyde); 44–6, Rose A, Palmer, (Palmer); 44–4, Susie, Bain, (Winston); 44–5, Jacqueline, Morgan, (Twitchell); 44–6, Suzanne U, Parish, (Delano); 44–4, Mickie M, Carmichael, (Carmichael); 44–5, Beverly, Moses, (Moses); 44–6, Anita F, Paul, Sr Terese, OCD, (Paul); 44–4, Stella Jo, Claiborne, (Baker); 44–5, Jennie M, Mosley, (Hill); 44–6, E. Marie, Pedersen, (Pedersen) 44–4, Catherine, D’Arezzo, (D’Arezzo); 44–5, Marjory V, Munn, (Foster); 44–6, Evelyn B, Perrin, (McNulty); 44–4, Margaet K, Dallwig, (Diffin); 44–5, Mary L, Nirmaier, (Burch); 44–6, Barbara L, Posey, (Leonard); 44–4, Mildred T, Dalrymple, (Davidson); 44–5, Margaret L ‘‘Peggy’’, Nispel, (Nispel); 44–6, Margaret M, Powell, (Godfrey); 44–4, Mary L, DeBehnke, (Cavette); 44–5, Dorothea M, Norris, (Norris); 44–6, Ava, Richardson, (Hamm); 44–4, Mary M, Dourdeville, (Brown); 44–5, Patricia, Nuckols, (Kenworthy); 44–6, Marilyn, Saunders, (Miller); 44–4, Mildred J, Doyle, (Baessler); 44–5, Phyllis M, Paradis, (Johnson); 44–6, Dorathea B, Scatena, (Rexroad); 44–4, Ann Gift, Dula, (Tucker); 44–5, Marylyn E, Peyton, (Myers); 44–6, Betty A, Sharr, (Thompson); 44–4, Grey Allison, Dunlap, (Hoyt); 44–5, Genevieve, Rausch, (Landman); 44–6, Janet L, Simpson, (Hutchinson); 44–4, Peggie, Eccles, (Parker); 44–5, Florence G, Reynolds, (Shutsy); 44–6, Genevieve N, Sinkler, (Lee); 44–4, Grace E, Everett, (Everett); 44–5, Dorothy M, Ritscher, (Meyn); 44–6, Mabelle ‘‘Barry’’, Smith, (Vincent); 44–4, Ruth S, Fleisher, (Shafer); 44–5, Irene M, Robertson, (Raven); 44–6, Elinor, Stebbins, (Fairchild); 44–4, Corinna H, Folkins, (MacDonald); 44–5, Martha G, Roundtree, (Harmon); 44–6, Mary E, Szablowski, (Shoemaker); 44–4, Patricia, Gibson, (Gibson); 44–5, Merridee, Schneberger, (Newell); 44–6, Christie E, Thuresson, (Carlton); 44–4, Carol, Granger, (Kelly); 44–5, Carol E, Selfridge, (Brinton); 44–6, Daisy M, Vaughan, (Vaughan); 44–4, Mary N, Guthrie, (Hagner); 44–5, Ethel L, Sheffler, (Jones); 44–6, Sarabel D, Wardle, (Booth); 44–4, Hazel M, Hohn, (Stamper); 44–5, Leta, Shirley, (Brownfield); 44–6, Mary R, Wells, (Retick); 44–4, Louise J, Hyde, (Brand); 44–5, Caroline, Shunn, (Shunn); 44–6, Margaret, Wight, (Hicks); 44–4, Frances, Johannessen, (Gilbert); 44–5, Beverly, Southwick, (Olson); 44–6, Betty Jane, Williams, (Williams); 44–4, Jeannette C, Kapus, (Kapus); 44–5, Harriet I, Stockwell, (Stockwell); 44–6, Lesley S, Williams, (Williams); 44–4, Florine P, Maloney, (Phillips); 44–5, Margaret P, Taylor, (Phelan); 44–6, Justine H, Woods, (Fletcher); 44–4, Dorothy F, Mann, (Britt); 44–5, Elizabeth E, Taylor, (Eyre); 44–7, Margarete M, Armstrong, (McGrath); 44–4, Peggy, Martin, (Martin); 44–5, Wanda C, Townsley, (Robedee); 44–7, Ruth, Bauer, (Reilly); 44–4, Jean F, McCart, (McCart); 44–5, Barbara E, Truitt, (Truitt); 44–7, Edith S, Beal, (Smith); 44–4, Madge, Moore, (Leon); 44–5, Margot, Veal, (Harvey); 44–7, Velta C, Benn, (Haney); 44–4, Doris K, Ohm, (Klein); 44–5, Elizabeth A, Watson, (Watson); 44–7, Patricia J, Bonansinga, (Blackburn); 44–4, Faye, Olney, (Wolfe); 44–5, Dortha E, Wethey, (Sexten); 44–7, Frances W, Brookings, (Winter); 44–4, Maurine M, Orr, (Miller); 44–5, Pauline C, White, (Cutler); 44–7, Betty June, Brown, (Overman); 44–4, M. Odean ‘‘Deanie’’, Parrish, (Bishop); 44–5, Ruth S, Wilson, (Steel); 44–7, Sylvia M, Burrill, (Miller); 44–4, JoAnn, Parry, (Parry); 44–5, Anne, Wiltsee, (TePas); 44–7, M. Ellen, Campbell, (Wimberly); 44–4, Ina C, Petsch, (Barkley); 44–5, Elizabeth, Worrall, (Hubbard); 44–7, Mildred E, Carder, (Eckert); 44–4, Flora Belle, Reece, (Smith); 44–5, Helen P ‘‘Patti’’, Wright, (Ordway); 44–7, Beverly F, Carruth, (Frisbie);

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00027 Fmt 0689 Sfmt 0634 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15518 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 44–7, Nancy Allison, Conklin, (Conklin); 44–8, Marjorie C, Roberts, (Stevenson); WAFS, Lenora L, McElroy, (McElroy); 44–7, Ann Connelly, (Pedroncelli); 44–8, Patricia, Sherwood, (Sherwood); WAFS, Helen, McGilvery, (McGilvery); 44–7, Betty M, Cross, (Roth); 44–8, Bonnie J, Shinski, (Dorsey); WAFS, Helen, Prosser, (Richards); 44–7, L. Jane, Cunningham, (Harris); 44–8, Margaet VC, Standish, (Standish); WAFS, Katherine, Rawls, (Thompson); 44–7, Mary Ann, Dreher, (Walker); 44–8, Kathleen N, Thomson, (Elliott); WAFS, Barbara, Ross, (Donahue); 44–7, Nancy A, Dunnam, (Nordhoff); 44–8, Bea St. Claire, Thurston, (Smith); WAFS, Adela R, Scharr, (Scharr); 44–7, Mary Catherine, Edwards, (Quist); 44–8, Helen L, Venskus, (Venskus); WAFS, Dorothy, Scott, (Scott); 44–7, Opal Vivian, Fagan, (Hicks); 44–8, Doris, Wanty, (Boothe); WAFS, Evelyn, Sharp, (Sharp); 44–7, Eileen W, Ferguson, (Wright); 44–8, Mary L, Webster, (Webster); WAFS, Barbara, Shoemaker, (Poole); 44–7, Margaret, Garland, (Parish); 44–8, Beverly, Wilkinson, (Dietrich); WAFS, Dorothy, Slinn, (Fulton); 44–7, V. ‘‘Scotty’’, Gough, (Bradley); 44–8, Katherine, Willinger, (Willinger); WAFS, Florene, Watson, (Miller); 44–7, Eleanor M, Gunderson, (Gunderson) 44–8, Virginia F, Wise, (Fisher); WAFS, Esther, Westervelt, (Manning); 44–7, Hulda M, Haag, (Chilcoat); 44–8, Jan Marie, Wood, (Wood); WAFS, Opal ‘‘Betsy’’, Woodward, (Fer- 44–7, Bernice F, Haydu, (Falk); 44–9, Phyllis M, Bahl, (McCarty); guson); 44–7, Annie J, Henry, (Henry); 44–9, Anna C, Baron, (Beiliveau); f 44–7, Winnie Lee, Jones, (Jones); 44–9, Julia L, Bartlett, (Lamm); 44–7, Julia E, Jordan, (Eagan); 44–9, Marjorie M, Beck, (Christiansen); EARMARK DECLARATION 44–7, Alberta A, Kinney, (Paskvan); 44–9, Evelyn P, Brier, (Brier); 44–7, Virginia B, Krum, (Krum); 44–9, Eleanor M, Brown, (McLernon); HON. JOE BARTON 44–7, Jean I, Landa, (Landa); 44–9, Helen C, Cannon, (Johnson); OF TEXAS 44–7, Margaret S, Latta, (Shaffer); 44–9, Catherine, Chatham, (Parker); 44–7, Carol A, Lewis, (Nicholson); 44–9, Gloria L, Collins, (Nelson); IN THE HOUSE OF REPRESENTATIVES 44–7, Grace E, Lotowycz, (Ashwell); 44–9, Dorothy C, Duffield, (Picture); Tuesday, June 16, 2009 44–7, Dorothy A, Lucas, (Smith); 44–9, Dorothy, Estep, (Estep); 44–7, Iola V, Magruder, (Clay); 44–9, Dorothy Deane, Ferguson, (Ferguson); Mr. BARTON of Texas. Madam Speaker, I 44–7, Lila M, Mann, (Moore); 44–9, Mildred H, Ferree, (House); rise today to submit documentation consistent 44–7, Margaret E, Martin, (Neyman); 44–9, Roberta Jane, Fohl, (Fohl); with the Republican Earmark Standards. 44–7, Joan A, McKesson, (Smythe); 44–9, Penolope, Garrett, (Pierce); Requesting Member: Congressman JOE 44–7, Naoma ‘‘Penny’’, Moore, (Halladay); 44–9, Margaret, Gee, (Gee); BARTON 44–7, Virginia H, Mullen, (Mullen); 44–9, Sarah J, Gleeson, (Allishouse); Bill Number: H.R. 2847—FY10 Commerce 44–7, Elizabeth P, Nicholas, (Pettitt); 44–9, Ann G, Gleszer, (Griffin); and Justice, Science, and Related Agencies 44–7, Ann E, O’Connor, (Cawley); 44–9, Mary Ann, Gordon, (Baldner); 44–7, Geraldine F, Olinger, (Bowen); 44–9, Jean D, Harman, (Downey); Appropriations Act 44–7, Nona H, Pickering, (Holt); 44–9, Elaine D, Harmon, (Harmon); Account: COPS Law Enforcement Tech- 44–7, Bernice M, Pickerton, (Dannefer); 44–9, Phyllis, Hitner, (Lee); nology 44–7, Betty Jo, Reed, (Streff); 44–9, Margaret J, Johnson, (Phillips); Legal Name of Receiving Entity: Deep East 44–7, Ola M, Rexroat, (Rexroat); 44–9, Rosalie T, Johnson, (Phillips); Texas Council of Governments 44–7, Muriel R, Reynolds, (Rath); 44–9, Marie J, Jones, (Jacobson); Address of Receiving Entity: 210 Premier 44–7, Mary S, Ruprecht, (Storm); 44–9, Ruth W, Kearney, (Groves); Dr., Jasper, TX 75951–7495 44–7, Adelaide, Schaefer, (Schaefer); 44–9, Lillian, Kelley, (Dixon); Description of Request: I have secured 44–7, Mary ‘‘Mimi’’, Sheean, (Caffrey); 44–9, Kathryn J, Kleinecke, (Kleinecke); 44–7, Edith U, Smith, (Upson); 44–9, Anita B, Matthew, (Bronken); $1,000,000 in funding in H.R. 2847 in the 44–7, Mary B, Sturdevant, (Barnes); 44–9, Wilma L, Miller, (Miller); COPS Law Enforcement Technology account 44–7, Dorothy, Van Valkenberg, (Sorensen); 44–9, Nadine V, Nagle, (Canfield); for the Deep East Texas Council of Govern- 44–7, Mary Alice, Vandeventer, (Putnam); 44–9, Marjorie, Nicol, (Osborne); ments. 44–7, Margaret M, Weiss, (Weiss); 44–9, Frances D, Ochoa, (Stroud); The funding will be used to purchase AFIX 44–7, Vyvian Mae, Williams, (Williams); 44–9, Joan, Olmsted, (Olmsted); Tracker automated fingerprint and palm print 44–7, Irene N, Wysocki, (Norris); 44–9, Marilyn H ‘‘Jackie’’, Petty, (Hughes); identification systems, AFIX Verifier single-fin- 44–8, Lucy G, Alston, (Gadson); 44–9, Elizabeth W, Ransom, (Davis); ger verification systems, and AFIX Identifier 2– 44–8, Arline M, Baker, (Baker); 44–9, Jean (Barbara?), Reimer, (Reimer); 44–8, Jamece, Brewton, (Paxson); 44–9, Martha S, Reuel, (Sarager); finger live capture identification systems, in- 44–8, Eula ‘‘Betty’’, Brown, (Morton); 44–9, Mary Anne, Richey, (Showers); cluding hardware, software, installation, train- 44–8, Dorothy L, Burri, (Johnson); 44–9, Betty F, Riddle, (Martin); ing and support to Sheriff’s Departments and 44–8, Myrtle R, Carter, (Allen); 44–9, Esther L, Rumler, (Stahr); Police Departments across the 12-county re- 44–8, Geraldine F, Crook, (Fulk); 44–9, Gayle M, Snell, (Snell); gion. 44–8, Doris J, Daniel, (Anderson); 44–9, Virginia E, Spear, (Eatherton); f 44–8, Gertrude E, Dietz, (Dietz); 44–9, Elizabeth M, Stone, (Briscoe); 44–8, Cathleen B, Dooley, (Dooley); 44–9, Sarah G, Symmes, (Rewey); W.T. WOODSON HIGH SCHOOL 44–8, Mary Jane, Ehrman, (Isham); 44–9, Virginia M, Trumbull, (Potthoff); GRADUATION 44–8, Muriel, Essertier, (Keir); 44–9, Janet W, Tuch, (Wayne); 44–8, Joan G, Frost, (Gough); 44–9, Barbara H, Tucker, (Hershey); 44–8, Emily M, Giles, (Metz); 44–9, Betty S, Turner, (Stagg); HON. GERALD E. CONNOLLY 44–8, Patricia T, Gladney, (Thomas); 44–9, Norma, Van Brooker, (Boston); OF VIRGINIA 44–8, Mary Ann, Hays, (Palmer); 44–9, Vee M, Van Delden, (Nisley); IN THE HOUSE OF REPRESENTATIVES 44–8, Neil Douglas, Herrod, (McInnis); 44–9, Mary, Wilkinson, (Regalbuto); 44–8, Carla H, Horowitz, (Howard); 44–9, Sona, Wilson, (Kierstead); Tuesday, June 16, 2009 44–8, Ruth C, Hubert, (Clifford); 44–9, Mary F, Woodward, (Woodward); Mr. CONNOLLY of Virginia. Madam Speak- 44–8, Pearl B, Judd, (Brummett); 44–9, Lillian G, Wray, (Glezen); er, after making three hundred thirty-nine 44–8, Marguerite ‘‘Ty’’, Killen, (Hughes); DWP, Jacqueline, Cochran, (Cochran); straight recorded votes, I missed my first vote 44–8, Georgia P, Kingdon, (Sloan); WAFS, Bernice I, Batten, (Batten); 44–8, Mary, Kinney, (Jackson); WAFS, Delphine, Bohn, (Bohn); on the floor of the House of Representatives 44–8, Mary W (DR), Lamy, (Lamy); WAFS, Aline, Brooks, (Rhonie); today as I attended the high school graduation 44–8, Edna D, MacDougall, (Maginnis); WAFS, Esther L, Carpenter, (Nelson); of my daughter, Caitlin Rose Connolly. 44–8, Anne D, Marshall, (Dailey); WAFS, Helen Mary, Clark, (Clark); While I take my responsibilities as a mem- 44–8, Joanne B, Martin, (Blair); WAFS, Nancy B, Crews, (Batson); ber of Congress seriously and make an effort 44–8, Mary L, McCann, (Stuart); WAFS, Barbara T, Fasken, (Towne); to ensure my constituents are represented on 44–8, Wilda W, McCurrach, (Winfield); WAFS, Kathryn, Fine, (Bernheim); every vote, nothing would have kept me from 44–8, Lois J, McMurdie, (McCurdie); WAFS, Cornelia, Fort, (Fort); witnessing my daughter’s graduation. 44–8, Margaret M, Moore, (Moore); WAFS, Phyllis B, Fulton, (Burchfield); 44–8, Ann W, Morse, (Kenyon); WAFS, Betty Huyler, Gillies, (Gillies); I would like to take this time to congratulate 44–8, Jean, Neill, (Ward); WAFS, Theresa D, James, (James); my daughter, Caitlin Rose Connolly, all of the 44–8, Roberta E, Newcomb, (Sattler); WAFS, Gertrude T, Levalley, (Meserve); graduating seniors at W.T. Woodson High 44–8, Patricia, O’Bannon, (Braun); WAFS, Barbara E, London, (Erickson); School, and all other graduates in the class of 44–8, Shireen M, Phelps, (Phelps); WAFS, Nancy L, Love, (Harknell); 2009. Completing high school is a tremendous

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00028 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15519 achievement. I am certain that the parents, closely with USDA-Natural Resource Con- IN HONOR OF THE AMAZING BICY- family, friends and teachers of all of the grad- servation Service and other federal and State CLE JOURNEY OF SHAWNE CAMP uates are as proud of their students as I am agencies to assist in applying sound scientific of Caitlin. principles to manage our agricultural and HON. JACKIE SPEIER I would also like to take this moment to indi- urban lands in a way that maximizes produc- OF CALIFORNIA cate how I would have voted on those votes tion and profits with minimal impact on the en- IN THE HOUSE OF REPRESENTATIVES that I missed. vironment. The Blackland Research and Ex- Wednesday, June 17, 2009 On H.R. 2470, to designate the facility of tension Center frequently collaborates with sci- the United States Postal Service located at entists in developing countries to assist them Ms. SPEIER. Madam Speaker, today, a he- 19190 Cochran Boulevard FRNT in Port Char- in finding better ways for farmers to manage roic journey came to a successful end when lotte, Florida, as the ‘‘Lieutenant Commander their water, livestock, and grow crops to feed Millbrae, California’s Shawne Camp parked his Roy H. Boehm Post Office Building,’’ I would their growing populations. bicycle at the foot of the Washington Monu- have voted, ‘‘aye.’’ ment. In fewer than 50 days, Shawne has rid- On H.R. 780, the Student Internet Safety The value of research by the scientists sta- den from San Francisco’s Golden Gate Bridge Act of 2009, I would have voted, ‘‘aye.’’ tioned at the Temple Center is remarkable. to the nation’s capital to raise funds and On the Motion to Table the Appeal of the The long-lasting partnerships between the awareness for lung disease and the American Ruling of the Chair, I would have voted, ‘‘aye.’’ State Land Grant Universities (Texas A&M Lung Association. On H.R. 2247, the Congressional Review AgriLife), and Federal Agencies (USDA Agri- In 2000 and 2001, Shawne suffered two Improvement Act, I would have voted, ‘‘aye.’’ cultural Research Service and Natural Re- complete collapses to his right lung. The con- On H.R. 403, the Homes for Heroes Act of source Conservation Service), illustrate the su- dition, known as spontaneous pneumothorax, 2009, I would have voted, ‘‘aye.’’ periority in effectiveness in partnerships when is extremely painful and can be fatal if not f solving our agricultural and natural resource treated quickly. After multiple surgeries, problems versus what individual agencies can Shawne was told that he was unlikely to ever IN RECOGNITION OF 100 YEARS OF do alone. return to full strength and should resign him- THE BLACKLAND RESEARCH AND self to a more sedate lifestyle. But the lifelong EXTENSION CENTER IN TEMPLE, f athlete wasn’t accustomed to taking it easy TX and set out to prove that he could come back EARMARK DECLARATION to full strength—and then some. HON. JOHN R. CARTER With support from family, friends and his OF TEXAS employer, Shawne turned his success at reha- IN THE HOUSE OF REPRESENTATIVES HON. JIM GERLACH bilitation into a personal crusade to help oth- Tuesday, June 16, 2009 OF PENNSYLVANIA ers. On May 8, he headed north from the Golden Gate Bridge on a solo, self-funded bi- Mr. CARTER. Madam Speaker, today I rise IN THE HOUSE OF REPRESENTATIVES cycle ride across America to help others suf- in recognition for the 100 years of work of sci- Wednesday, June 17, 2009 fering from lung ailments. entists at the Blackland Research and Exten- Over the past five weeks, Shawne has en- sion Center in Temple. They have worked on Mr. GERLACH. Madam Speaker, pursuant dured mountains, deserts, storms, fierce securing a safe and affordable food supply, to the Republican Leadership standards on headwinds, angry dogs and even bears. But protecting the environment, and strengthening earmarks, I am submitting the following infor- he’s been supported by legions of devoted fol- the economy. mation regarding earmarks I received as part lowers who have tracked his 3000 mile jour- The Center was created by the Texas Leg- of H.R. 2847, the Commerce, Justice, ney online and countless strangers along the islature in 1909 and was charged to solve Science, and Related Agencies Appropriations way who have helped with shelter from the pressing problems with the soils and crops Act of 2010. rain, a warm shower, or occasional meal. grown in central Texas. Today the Center oc- Madam Speaker, Shawne Camp is an inspi- cupies a 542 acre site in the south-central part Alvernia University, Reading PA—$470,000 ration to anyone who chooses to overcome of the Texas Blackland Prairie, a 12 million to form a partnership with the Reading Police adversity. His journey has advanced aware- acre agricultural region stretching over 300 Academy, and create a high-tech laboratory, ness for spontaneous pneumothorax and other miles along I–35 from the Texas-Oklahoma which will be used by the Academy to train lung afflictions and raised money for a very border to San Antonio. The Center is the police officers and criminal justice students in good cause. I am proud to call Shawne Camp state’s premier research agency in agriculture, investigation techniques for white collar, inter- my constituent and am delighted to introduce natural resources, and the life sciences. net and cyber crime. this inspiring young man to my colleagues in In 1931 the USDA-Soil Erosion Service, Berks County Emergency Response Team, the United States Congress. which was later renamed the Soil Conserva- Exeter Township, PA—$350,000 to buy ar- f tion Service, joined scientists at Blackland to mored vehicle and other equipment to provide IN CELEBRATION OF MRS. KATH- intensify research on soil and water associ- safe approach to dangerous scenes. ated with farming the region’s highly erodible ERINE Q. BUXTON ON HER 80TH soils. This began a long history of cooperative Cabrini College, Radnor PA—$100,000 for a BIRTHDAY and highly productive research between the project that will focus on the impact of domes- Texas A&M System and USDA in Temple, tic violence on children and ways that school HON. BRIAN HIGGINS personnel can help provide support to stu- which has led to the development of many OF NEW YORK dents affected by domestic abuse. modern soil conservation practices used by IN THE HOUSE OF REPRESENTATIVES farmers around the world today. Police Athletic League of Norristown, Norris- Wednesday, June 17, 2009 Today, the Blackland Research and Exten- town PA—$90,000 to support the continued sion Center shares research facilities with the delivery of programs to youth ages 5–18 Mr. HIGGINS. Madam Speaker, today I ask Grassland, Soil, and Water Research Labora- through the Norristown PAL Center. for the House of Representatives to recognize tory of the USDA—Agricultural Research Serv- an important day in the life of a resident and St. Joseph’s University, Philadelphia, PA— ice. By combining innovative research, they friend of the 27th Congressional District, Mrs. continue to find solutions to problems and $200,000 requested to support and develop Katherine Q. Buxton. On June 13, 2009, Mrs. issues in the way we manage our land and an interdisciplinary approach to dealing with Buxton reached a milestone birthday and on water resources in Central Texas and beyond. crisis violence and create a state-of-the-art June 20, 2009, she will celebrate her 80th They work regularly with scientists in the mili- strategy for violence prevention in the commu- Birthday with her loving family and friends. tary helping to find innovative ways to restore nities of Pennsylvania. Mrs. Buxton, along with her husband Wil- and maintain Fort Hood’s military lands in the Spring Township Police, Reading PA— liam D. Buxton, began and ran one of Western best possible condition for training those who $90,000 for video cameras for each of the de- New York’s cherished family businesses, defend our country. The Center also works partment’s patrol vehicles. Buxton Quality Locksmiths. After the passing

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00029 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15520 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 of her husband in 2001, Mrs. Buxton helped ceived as part of H.R. 2847—Commerce, Jus- prosecutors are also available for instruction her sons take over the family business. tice, Science, and Related Agencies Appro- and have been enlisted on numerous occa- Mrs. Buxton has always been and continues priations Act, 2010. sions to speak to the public about internet to be family oriented. She opens her home to Requesting Member: Congressman MIKE safety, as well as, train local/state law enforce- her friends and family for ‘‘gala gatherings.’’ ROGERS (AL) ment on the basics of information sharing, Her five children, 14 grandchildren, 9 great- Bill Number: H.R. 2847 computer crime/digital evidence and multiple grandchildren and friends refer to her as ‘‘Wild Account: DOJ, COPS Tech account, courses designed for first responders. Further- Kate’’ because of her desire to learn and to try $100,000 more, since the programs inception in 2006, new adventures. Legal Name of Requesting Entity: City of we have assisted more than 75 plus outside I would like to congratulate Mrs. Kate Q. Auburn, Alabama law enforcement agencies and analyzed over Buxton for reaching this important milestone Address of Requesting Entity: 144 Tichenor 2000 pieces of electronic evidence in approxi- and recognize her for achievements. Along Avenue, Suite 1, Auburn, AL 36830 mately 851 criminal cases resulting in a mul- with her friends, family, and the residents of Description of Request: ‘‘City of Auburn Mo- titude of convictions. the 27th Congressional District, It is my pleas- bile Data System’’ Taxpayer justification—It is Requesting Member: Congressman MIKE ure to honor Kate Buxton and thank her for my understanding that the funding would be ROGERS (AL) her many contributions to her family, commu- used for a mobile data system for Auburn’s Bill Number: H.R. 2847 nity and country. I wish ‘‘Wild Kate’’ many Police Division. This consists of in-car com- Account: DOJ, OJP Byrne account, more years of happiness, love and adventure. puters and associated equipment (routers, $900,000 f wireless networking, e.g.) to equip all of the Legal Name of Requesting Entity: Auburn police vehicles. This request is the continu- University, Auburn, Alabama IN HONOR OF BERNIE EPWORTH ation of a program for which the City of Au- Address of Requesting Entity: 102 Samford burn received $400,000 in FY06 and 305,500 Hall, Auburn, AL 36849 HON. JOHN H. ADLER in FY08. Description of Request: ‘‘Auburn University OF NEW JERSEY Requesting Member: Congressman MIKE Canine Program’’ Taxpayer justification—It is IN THE HOUSE OF REPRESENTATIVES ROGERS (AL) my understanding that the funding would be Bill Number: H.R. 2847 used for continuing support of a program to Wednesday, June 17, 2009 Account: DOJ, OJP Byrne account, provide Alabama (AL) Law Enforcement Orga- Mr. ADLER of New Jersey. Madam Speak- $360,000 nizations (LEO) with state-of-the-art detector- er, I would like to congratulate an important Legal Name of Requesting Entity: City of dog team (dog and handler) training for en- member of New Jersey’s 3rd District, Mr. Ber- Montgomery hancing public and, especially, school safety. nie Epworth. Mr. Epworth will be installed as Address of Requesting Entity: P.O. Box The detector-dog and handler team remain the the Department Commander for the State of 1111, Montgomery, AL 36101 most capable tool for the interdiction of explo- New Jersey Jewish War Veterans at the 78th Description of Request: ‘‘City of Mont- sive materials and illicit drugs. The capability Annual New Jersey Jewish War Veterans gomery and Montgomery County Interoperable of such teams is entirely dependent upon the Convention on June 28, 2009. His lifelong ac- Upgrades’’ Taxpayer justification—It is my un- quality of the dog, the dog’s training, and in- tivism and dedication has made him one of derstanding that the funding would be used to struction of its handler. This program would the most respected members of his commu- upgrade and implement an in-car digital video make available to AL LEO the highest state- nity and deserving of this honor. and server solution for City of Montgomery po- of-the-art detector dogs, training, and handler Mr. Epworth was born in Brooklyn, New lice vehicles and Montgomery County sheriff instruction. AU proposes continuation and ex- York. He is a graduate of New York University vehicles. This system will replace outdated pansion of the FY09 program to provide AL and served as a First Lieutenant in the Ar- VHS systems that are currently in police and LEO access to the services of CDTC in order mored Cavalry and in the New York National sheriff vehicles and provide new installations to enhance public and, in particular, school Guard. While serving as Vice President with in vehicles that are currently without a system. safety in AL communities. Temple Beth Sholom in Fair Lawn, NJ, Mr. The ultimate goal is to have one upgradeable f Epworth earned several awards, including the digital in-car system for the entire fleet and a Centennial Award of Honor from the Jewish central depository that will provide video evi- EARMARK DECLARATION Theological Seminary and the Jewish Commu- dence for courtroom presentation. nity Relations Council’s ‘Community Relations Requesting Member: Congressman MIKE HON. DANIEL E. LUNGREN Award.’ ROGERS (AL) OF CALIFORNIA As the Commander of the Jewish War Vet- Bill Number: H.R. 2847 IN THE HOUSE OF REPRESENTATIVES Account: DOJ, OJP Byrne account, erans Post 126, Mr. Epworth was named Wednesday, June 17, 2009 ‘Commander of the Year,’ while his post was $900,000 declared ‘‘Post of the Year.’’ His dedication to Legal Name of Requesting Entity: Alabama Mr. DANIEL E. LUNGREN of California. his community also earned him the ‘Legion of District Attorneys Association Address of Re- Madam Speaker, pursuant to the Republican Honor Award’ by the Chapel of Four Chap- questing Entity: 515 South Perry Street, Mont- Leadership standards on earmarks, I rise lains Memorial Foundation in 2006. gomery, AL today to submit the following information re- Mr. Epworth’s career and dedication to his Description of Request: ‘‘Alabama Computer garding an earmark I received as part of the community is a shining example of public Forensics Labs’’ Taxpayer justification—It is Homeland Security Appropriation. service and I sincerely congratulate him on his my understanding that the funding would be The following earmark was requested by my much deserved installation as Department used for a continuation of the computer foren- office and is listed for funding in this bill: Commander of the New Jersey Jewish War sic lab program which created 3 regional com- CITY OF ELK GROVE—EMERGENCY OPERATIONS CENTER Veterans. puter labs to cover the entire state of Ala- Requesting Member: DANIEL E. LUNGREN f bama. These labs were created to address all Bill Number: 2010 Homeland Security Ap- forms of computer crime such as; child por- propriation EARMARK DECLARATION nography, fraud, murder and identity theft. Account: Federal Emergency Management Currently, we are the only law enforcement Agency HON. MIKE ROGERS agency handling, exclusively, computer crime Requesting Agency: City of Elk Grove OF ALABAMA cases from investigation to prosecution. The Agency Address: 8401 Laguna Palms Way, IN THE HOUSE OF REPRESENTATIVES computer labs utilize working relationships Elk Grove, CA 95758 with federal, state and local agencies across Amount: $750,000 Wednesday, June 17, 2009 the nation. The labs have made a tremendous Description: The Emergency Operations Mr. ROGERS of Alabama. Madam Speaker, impact on computer crime and are enabling Center will provide the necessary tools to re- pursuant to the Republican Leadership stand- local and state law enforcement personnel to ceive, assess, and respond to a critical inci- ards on earmarks, I am submitting the fol- utilize yet another tool in the prosecution of dent. The communications system must pro- lowing information regarding earmarks I re- criminal activity. Additionally, investigators and vide for a redundant path to ensure that both

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First, swapping a fic patterns to ensure transportation safety and Mr. JOHNSON of Illinois. Madam Speaker, small percentage of light oil in the reserve for mobility during an emergency. The system can unfortunately Monday night, June 15, 2009, I heavier crude has been recommended by the be used to relieve traffic congestion and was unable to cast my votes on H. Res. 430, GAO to save taxpayers money. Replacing a through the use of advanced video commu- H.R. 2325, H.R. 729 and H. Res. 540. small percentage of light oil currently in the re- nications technologies, provide the Elk Grove Had I been present for rollcall No. 336, on serve with heavy oil would also better match EOC with a bird’s eye view of critical intersec- suspending the rules and passing H. Res. up with the needs of our nation’s refineries tions and roadways leading in and out of the 430, Expressing condolences to the citizens of and protect us against supply disruptions from City. Wireless video technology will also be Italy and support for the Government of Italy unstable countries such as Venezuela. deployed at locations determined to be ‘‘sen- in the aftermath of the devastating earthquake The legislation would also implement GAO’s sitive’’ for the purposes of Homeland Security. that struck the Abruzzo region of central Italy, recommendation to purchase a constant dollar The Emergency Operations Center has a I would have voted ‘‘aye.’’ value rather than constant volume of oil to fill clear federal nexus. As a result of such na- Had I been present for rollcall No. 337, on the SPR in the future. In testimony before the tional events as 9/11 and Hurricane Katrina, suspending the rules and passing H.R. 2325, Select Committee on Energy Independence there has been a renewed demand for local the Laredo Veterans Post Office, I would have and Global Warming last year, GAO testified entities around the country to focus on local voted ‘‘aye.’’ that if the Department of Energy had taken preparedness and accountability during emer- Had I been present for rollcall No. 338, on this approach between 2001 and 2005, it gency situations. Elk Grove is home to suspending the rules and passing H.R. 729, would have saved American taxpayers nearly 140,000 residents and a likely destination for Phylicia’s Law, I would have voted ‘‘aye.’’ $600 million or roughly 10 percent cost to fill evacuees from the Sacramento and San Fran- Had I been present for rollcall No. 339, on the SPR during that period. Finally, the bill cisco Bay areas. In addition, the Sacramento suspending the rules and passing H. Res. would authorize the Secretary to purchase and region is subject to potential flooding due to 540, Expressing condolences to the families, store refined petroleum product in the SPR in an intricate and aged levee system. Elk Grove friends, and loved ones of the victims of the order to further enhance our national security. has multiple freight and passenger rail lines, catastrophic explosion at the ConAgra Foods The House has already voted in support of one of the largest above-ground propane stor- plant in Garner, North Carolina, I would have similar legislation in the last Congress in an age facilities, an airport, and two heavily trav- voted ‘‘aye.’’ overwhelming, bipartisan fashion. The SPR is eled freeways, Interstate 5 and State Route f currently filled to roughly 99.5 percent of its 99. It is essential that the City of Elk Grove capacity—its highest level ever. As we work to THE ENHANCED SUPPLY AND enact comprehensive energy and climate has an Emergency Operations Center to co- PRICE REDUCTION ACT OF 2009 ordinate emergency response efforts in the change legislation, Congress should take ac- event of a disaster or terrorist attack. tion to provide relief at the gas pump in the HON. EDWARD J. MARKEY short term. The Enhanced SPR Act represents Having the ability to work regionally and OF MASSACHUSETTS a common sense approach to reducing pres- have interoperability between different agen- IN THE HOUSE OF REPRESENTATIVES sure on consumers while saving taxpayers cies is critical in the event of an emergency. dollars. With the use of advanced communications Wednesday, June 17, 2009 technology, Elk Grove will be able to work in Mr. MARKEY of Massachusetts. Madam f concert with the County and City of Sac- Speaker, today I am introducing legislation ramento, State of California Office of Home- with the gentleman from Maryland, Mr. VAN HONORING ALLEN MCQUARRIE land Security, and the U.S. Department of HOLLEN, and the gentleman from Vermont, Mr. Homeland Security to share information and WELCH, in order to provide relief for American HON. PATRICK J. MURPHY respond rapidly to any event. consumers at the pump in the short term and OF PENNSYLVANIA save taxpayer dollars. Last summer, gas IN THE HOUSE OF REPRESENTATIVES f prices soared to record highs above $4 per gallon. This year, American consumers are Wednesday, June 17, 2009 PERSONAL EXPLANATION beginning to experience a bad case of de´ja` Mr. PATRICK J. MURPHY of Pennsylvania. vu. Incredibly, today marks the 50th straight Madam Speaker, I rise today to honor Allen HON. CAROLYN B. MALONEY day that gas prices have risen. As a result, McQuarrie, a man who has worked tirelessly prices at the pump have already increased by to assist those recovering from substance ad- OF NEW YORK more than one dollar a gallon since the begin- diction in Bucks County. IN THE HOUSE OF REPRESENTATIVES ning of the year. For American families who Mr. McQuarrie’s path began in the class- Wednesday, June 17, 2009 are already struggling through a down econ- room as a public school science teacher. Fol- omy, these rising prices are hitting especially lowing his retirement after thirty years with the Mrs. MALONEY. Madam Speaker, on June hard. New Jersey Education Association, he worked 15, 2009, I was delayed in returning to Wash- The Enhanced Supply and Price Reduction for public employee unions and employers. In ington, and missed rollcall votes numbered Act of 2009, or Enhanced SPR Act, directs the this field, Mr. McQuarrie pioneered human re- 336, 337, 338 and 339. Secretary of Energy to sell 70 million barrels sources training and personnel services to aid Had I been present, I would have voted of light sweet crude—less than 10 percent of staff and their families recovering from sub- ‘‘yea’’ on rollcall votes: 336 expressing condo- the total oil in the Strategic Petroleum Reserve stance addiction, stress, and other barriers to lences to the citizens of Italy and support for (SPR)—and replace it with heavy crude oil healthy living. the Government of Italy in the aftermath of the over a period of five years. Swapping oil from Most recently, Allen McQuarrie has devastating earthquake that struck the the SPR has a proven record of lowering oil partnered with PROACT, the Pennsylvania Abruzzo region of central Italy; 337, a bill to prices in the short term. In 1991, when Presi- Recovery Organization-Achieving Community name the Laredo Veterans Post Office; 338, dent Bush’s father deployed oil from the re- Together, a grassroots recovery support initia- Phylicia’s Law; and, 339, a resolution express- serve, oil prices fell 33.4 percent in two days. tive in Southeastern Pennsylvania. Over the ing condolences to the families, friends, and In 2000, President Clinton conducted a time past ten years, he has been a volunteer, a loved ones of the victims of the catastrophic exchange of oil from the SPR and prices mentor for men incarcerated in the Bucks explosion at the ConAgra Foods plant in Gar- again immediately dropped by 18.7 percent. County Correctional Facility, and a co-chair of ner, North Carolina. And in 2005, when President Bush himself re- the organization.

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00031 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15522 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 Mr. McQuarrie has also served as a board embarrassed—called to account seemingly for Students Affairs Teams and as a Career member for the Bucks County Drug and Alco- the first time. This is an opportunity we cannot Counselor. She helps students through shar- hol Commission, as well as on the Traffic Ad- squander. Let us rally the world around the ing her insights and advising them on their visory Committee for Doylestown Township. Iranian people. Let us use this opening to own education. He was the recipient of the 2008 Ambassador show the international community how dan- My community is blessed to have Sister of the Year Award, presented to him by the gerous the Iranian regime is—and why a nu- Marie. Her unwavering dedication and selfless Pennsylvania Recovery Organizations Alli- clear Iran is flatly unacceptable. service allows us to be confident in our com- ance. In addition, Mr. McQuarrie will be receiv- Regrettably, the President and Democratic munity’s future as she is preparing a new gen- ing the prestigious Joel Hernandez Voice of leadership in congress are failing to respond eration of bright and giving Americans. Today, the Recovery Community Award on behalf of to the growing threat a nuclear Iran poses to I ask my fellow Members of Congress to help PROACT. This award is granted based on the the world. me thank an extraordinary woman, whom I ad- success of this organization in increasing the Today we call on President Obama to im- mire, for her service and commitment to the prevalence and quality of long term recovery mediately condemn the violence the Iranian young people of New York’s 27th Congres- in their community. regime is perpetrating against its citizens. We sional District. Allen McQuarrie has contributed enormously call on the Speaker to immediately bring to the f to his community in Bucks County. Madam floor and consider the Iran Petroleum Sanc- EARMARK DECLARATION Speaker, I am proud to recognize Mr. tions Act. The bipartisan bill, sponsored by McQuarrie for his outstanding efforts, and am Chairman BERMAN and Ranking Member ROS- extremely honored to serve as his Congress- LEHTINEN, would impose sanctions on the rad- HON. GEOFF DAVIS man. ical Iranian regime while they continue to seek OF KENTUCKY f nuclear weapons and destabilize the Middle IN THE HOUSE OF REPRESENTATIVES East. Wednesday, June 17, 2009 PERSONAL EXPLANATION f Mr. DAVIS of Kentucky. Madam Speaker, HON. SUE WILKINS MYRICK TRIBUTE TO SISTER MARIE pursuant to the Republican Leadership stand- BERNARDE PROCKNAL OF THE ards on earmarks, I am submitting the fol- OF NORTH CAROLINA BUFFALO SISTERS OF MERCY lowing information regarding earmarks I se- IN THE HOUSE OF REPRESENTATIVES cured as part of H.R. 2847, the Commerce, Wednesday, June 17, 2009 Justice, Science, and Related Agencies Ap- HON. BRIAN HIGGINS propriations Act, 2010. Mrs. MYRICK. Madam Speaker, I was un- OF NEW YORK Requesting Member: Congressman GEOFF able to participate in the following vote. If I IN THE HOUSE OF REPRESENTATIVES DAVIS had been present, I would have voted as fol- Wednesday, June 17, 2009 Bill Number: H.R. 2847 lows: Account: COPS Law Enforcement Tech- Rollcall vote No. 350, on Motion that the Mr. HIGGINS. Madam Speaker, I rise today nology Committee Rise—H.R. 2847, Making Appro- to honor Sister Marie Bernarde Procknal of the Legal Name of Requesting Entity: Fleming priations for the Departments of Commerce Buffalo Sisters of Mercy. It is my privilege to County Fiscal Court and Justice, and Science, and Related Agen- recognize her for her service to our community Address of Requesting Entity: 201 Court cies for the fiscal year ending September 30, through education. Square, Flemingsburg, Kentucky 41041 2010, and for other purposes—I would have Her commitment to education begins with Description of Request: Appropriate $48,000 voted ‘‘no.’’ her own. She graduated with Bachelor’s De- to acquire four (4) Mobile Data Terminals f gree from Niagara University, received Mas- (MDT) for the Fleming County Sheriff’s Office. ter’s Degree from Canisius College, and took MDTs will allow the department to connect to IRANIAN POLITICAL OPPRESSION part in a career and guidance fellowship at the Kentucky State Police LINK/NCIC system Boston University. She also is certified through directly from the police vehicle. MDTs also in- HON. ERIC CANTOR New York State in kindergarten through sixth crease both officer and public safety by em- OF VIRGINIA grade, junior high school social studies, and powering law enforcement with critical infor- IN THE HOUSE OF REPRESENTATIVES high school guidance. mation prior to exiting their vehicle. MDTs will Sister Marie chose to use her education to Wednesday, June 17, 2009 quickly let the officers know if a vehicle is sto- serve others through teaching at several ele- len, the person driving is wanted, and if the Mr. CANTOR. Madam Speaker, I rise today mentary and junior high schools in the West- person is licensed to carry a concealed weap- in sympathy with the victims of Iranian political ern New York Community. on. This is a valuable use of taxpayer funds oppression who have been injured or killed However, Sister Marie’s dedication and hard because it will improve the safety of sworn of- protesting the outcome of their election. work did not go unnoticed. She received a ficers responsible for protecting the commu- Yet regardless of whether Ahmadinejad or grant from the Diocese of Buffalo and the Na- nity. Mousavi wins, we must not maintain any illu- tional Principals’ Association in order for her to Requesting Member: Congressman GEOFF sions about where true power in Iran rests. further education at SUNY Plattsburg, where DAVIS That would be in the hands of the Islamic she earned a certification in administration and Bill Number: H.R. 2847 Republic’s clerical regime, extremists deter- supervision. Account: COPS Law Enforcement Tech- mined to advance Iran’s nuclear program and After earning a degree, she returned to the nology use terrorism to bully other states in the re- schools in the Buffalo area to continue her Legal Name of Requesting Entity: Henry gion. role in shaping the community through edu- County Sheriff’s Office Much of the regime’s most egregious activi- cation and service. She worked as the prin- Address of Requesting Entity: 50 North ties are done in the dark, hidden from the cipal of St. William Elementary School and St. Main St, New Castle, Kentucky 40050 world’s eyes and thus escaping media atten- Thomas Aquinas. She then was as Supervisor Description of Request: Appropriate $82,000 tion. The Iranian Revolutionary Guard Corps of Sisters of Mercy Elementary and Secondary for the purchase of law enforcement equip- quietly funnels weapons and funding into ter- Schools, and served as a guidance counselor ment for the Henry County Sheriff’s Office, as rorists groups from Iraq to Afghanistan to Leb- at Mt. Mercy Academy. well as the City of Eminence Policy Depart- anon to Gaza. Iranian centrifuges enrich ura- Sister Marie’s roles as educator and leader ment and the City of Campbellsburg Police nium at nuclear plants often hidden from were conveyed in 2008, when Sister Marie Department. Equipment will include five (5) weapons inspectors. And terrorist groups was chosen to help celebrate the Sisters of MDTs, 1 TASER, 3 ATN-NVM 14-3 Night Vi- make voyages to Iran to receive training at un- Mercy’s 150th Anniversary by throwing the sion Minocular, 3 Aimpoint Comp M4, among specified locations. first pitch at the June 22nd Bisons game. other items. This is a valuable use of taxpayer But this week the true colors of the Iranian Sister Marie continues to give back to the funds because it will improve the safety of regime are on broad display. With the whole community that helped raise her. Today, she sworn officers responsible for protecting the world watching, the Iranian regime has been works at Trocaire College as a member of the community.

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Requesting Member: Congressman GEOFF would give the officials an additional tool on a vote 350 due to illness. Had I been present, DAVIS non-lethal scale to control an unruly person. I would have voted ‘‘yes.’’ Bill Number: H.R. 2847 This is a valuable use of taxpayer funds be- f Account: COPS Law Enforcement Tech- cause it will improve the safety of sworn offi- nology cers responsible for protecting the community. PAUL HARRELL Legal Name of Requesting Entity: Oldham f County Police Department HON. SAM GRAVES EARMARK DECLARATION Address of Requesting Entity: 1855 North OF MISSOURI Highway 393, La Grange, KY 40031 IN THE HOUSE OF REPRESENTATIVES Description of Request: Appropriate $57,000 HON. TIMOTHY V. JOHNSON Wednesday, June 17, 2009 to purchase six (6) Mobile Data Terminals OF ILLINOIS (MDTs). The County currently has some IN THE HOUSE OF REPRESENTATIVES Mr. GRAVES. Madam Speaker, it is with MDTs and the use of these systems has pro- Wednesday, June 17, 2009 great honor that I rise today to recognize the North Kansas City School District’s Chief Fi- vided a rapid and reliable means of obtaining Mr. JOHNSON of Illinois. Madam Speaker, nancial Officer, Paul Harrell, on the occasion information in today’s criminal justice arena. pursuant to the Republican Leadership stand- of being named the 2009 School Business Of- For example, use of MDTs allows the officers ards on project funding, I am submitting the ficial of the Year by the Missouri Association to immediately determine wants or warrants following information regarding project funding of School Business Officials. on individuals and reduces down time by al- I requested as part of Fiscal Year 2009 De- Paul Harrell came to the North Kansas City lowing them to enter reports and stolen prop- fense Appropriations bill that was included in School District in 2000 as the top accountant erty information immediately while still on duty. H.R. 2638: and budget manager. During that time, Harrell This is a valuable use of taxpayer funds be- Requesting Member: TIMOTHY V. JOHNSON cause it will improve the safety of sworn offi- Bill Number: Fiscal Year 2010 Commerce, modernized the district’s business operations cers responsible for protecting the community. Justice, Science Appropriations bill by implementing the use of new technologies, Requesting Member: Congressman GEOFF Account: COPS–METH sound fiscal management, and building com- DAVIS Legal Name of Requesting Entity: Illinois munity partnerships. He also moved the Bill Number: H.R. 2847 State University school district to a paperless time sheet sys- Account: OJP—Byrne Discretionary Grants Address of Requesting Entity: Campus Box tem that saved the district countless account- Legal Name of Requesting Entity: Oldham 4040, Hovey 310, Normal, IL 61790–4040 ing hours. Due to Paul’s conservative financial County Sheriff’s Office Description of Request: $200,000 to expand management, the school district has earned Address of Requesting Entity: 1855 North an innovative new program addressing the top marks from auditors over the past several Highway 393, La Grange, Kentucky 40031 epidemic of methamphetamine use through years. Description of Request: Appropriate $75,000 treatment of arrested juveniles from rural pop- In addition to revitalizing the school district, to acquire upgraded equipment appropriate to ulations. It is my understanding that this fund- Paul has also helped the community. He as- assist the Sheriff’s Department in responding ing will be used as follows: $40,000 for psy- sisted in building a partnership with the city of to a variety of law enforcement situations with- chiatric services; $30,000 for post discharge Gladstone that produced a new natatorium in the community. Equipment purchases will treatment; $35,000 for treatment Supplies; next to the Gladstone Community Center. include dual antenna radar units, handheld $20,000 for evaluation research consultants; Last year, Paul was awarded the 2008 Out- radar units, mobile data terminals, portable $50,000 for salaries; and $25,000 for travel. standing Director by the North Kansas City breath testing units, Taser brand units, com- Requesting Member: TIMOTHY V. JOHNSON Business Council, which he also won in 2002. munity service kid care identification machine, Bill Number: Fiscal Year 2010 Commerce, Each year there is a $1,000 scholarship given and Magna PD6500 brand security scanners, Justice, Science Appropriations bill to a student in the school district under Har- among other items. The Oldham County Sher- Account: NOAA–ORF rell’s name as part of this award. iff’s Office provides emergency response to Legal Name of Requesting Entity: Illinois Madam Speaker, I ask my colleagues to join the residents of Oldham County and sur- State Geological Survey with me in commending Paul Harrell for his rounding Counties as requested. In addition, Address of Requesting Entity: 615 E. Pea- dedicated service to the North Kansas City the Sheriff’s office is responsible for courtroom body Drive, Champaign, IL 61820 School District. Paul’s dedication and commit- Description of Request: $800,000 for the Illi- security, prisoner transport throughout Ken- ment to his work are shining examples of the nois State Geological Survey to continue their tucky, and protection of government employ- kind of work ethic we should all strive for. I Height Modernization project. The project ees, officials and government property. Fed- know Paul’s colleagues, family, and friends would update the benchmarks in the state (ap- eral funds will be used to purchase equipment join me in thanking him for his commitment to proximately half can no longer be located), that will increase the interoperability, improve others and wishing him congratulations on his unify the database of benchmarks, and pro- the safety of sworn offices and the depart- award and wishing him the best of luck in his vide a digital elevation (LiDAR) model for the ment’s ability to respond to the needs of future endeavors. state. It is my understanding that the funding Oldham County. This is a valuable use of tax- f payer funds because it will improve the safety will be used as follows: $68,000 for salaries; of sworn officers responsible for protecting the $13,723 for travel; $8,000 for computer hard- EARMARK DECLARATION community. ware and services; $210,000 for level lines and benchmarks in northern Illinois; $50,000 Requesting Member: Congressman GEOFF HON. ROBERT J. WITTMAN for Continuously Operating Reference (CORS) DAVIS OF VIRGINIA station; $180,000 for LiDAR data collection; Bill Number: H.R. 2847 IN THE HOUSE OF REPRESENTATIVES Account: COPS Law Enforcement Tech- $2,000 for outreach forums; $359 for commod- nology ities; $400 for telecommunications; $134,718 Wednesday, June 17, 2009 Legal Name of Requesting Entity: Pendleton for facilities and administration at the Univer- Mr. WITTMAN. Madam Speaker, pursuant County Sheriff sity of Illinois; and $132,800 for NOAA/NGS to the Republican Leadership standards on Address of Requesting Entity: 202 Chapel overhead. earmarks, I am submitting the following infor- St, Falmouth, Kentucky 41040 f mation regarding the earmark I received as Description of Request: Appropriate $12,000 PERSONAL EXPLANATION part of H.R. 2892, the Department of Home- for the purchase of twelve (12) X26 TASERs land Security Appropriations Act, 2010. (Electronic Control Devices) for county law en- HON. JOHN B. LARSON Project Name/Amount: City of Hampton Vir- forcement officials and related training in ginia Operational Integration Cyber Center of OF CONNECTICUT equipment usage. Pendleton County does not Excellence (VOICCE), $500,000 IN THE HOUSE OF REPRESENTATIVES have a detention center, so the Sheriff’s Office Requested by: ROBERT J. WITTMAN (VA–01) and Jailer’s office both transport prisoners fifty Wednesday, June 17, 2009 Intended Recipient of Funds/Grantee: City miles to and from Boone County Detention Mr. LARSON of Connecticut. Madam of Hampton, 22 Lincoln Street, 8th Floor, Center for court hearings and trials. TASERs Speaker, on June 16, 2009, I missed roll call Hampton, VA 23669

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00033 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15524 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 Project description and explanation of the deep water setting. The Department of Home- er Kansas City School Administrators Associa- request: Funds would be used by the City of land Security’s Science and Technology Direc- tion, served on the board of the directors for Hampton to develop Virginia’s Operational In- torate has identified a need to establish na- the Greater Kansas City Chamber of Com- tegration Cyber Center of Excellence tional maritime security technology test bed merce and served on the Education Commis- (VOICCE). This laboratory would allow local capability. Current test bed operations are sioner’s Advisory Committee. governments and first responders to plug into conducted at a number of diverse facilities that During his time as superintendent of the state and federal entities and participate in are neither centrally coordinated nor operated North Kansas City School District, Dr. Cum- simulated cyber attacks would help identify the under uniform standards. With over 95,000 mings changed the way the school district ap- processes, procedures, capabilities and gaps miles of coastline to protect, ensuring our na- proached both education and the surrounding in protection. This program will incorporate tion’s maritime security is challenging and re- community. Dr. Cummings built a core founda- cyber attack prevention into the mainstream of quires complex technology and knowledgeable tion of transparency, community partnerships, emergency operations at the local level and oversight. The absence of both a recognized technology, and impressive physical facilities. creating a virtual municipality of randomly gen- test bed capability and effective operations or- Due to these efforts, the school district began erated internet protocol addresses. The con- ganization impacts DHS’s ability to: (1) con- to receive money again from the community to cept would allow cyber security capabilities, sistently validate security system performance; pay for bonds. This was revolutionary for the processes and procedures to be developed. (2) accurately compare and evaluate the effec- school district, as every single request for The City of Hampton is located in the cross- tiveness of competing systems and related school bonds in the 17 years prior to Dr. Cum- roads of Hampton Roads, home to major mili- technologies; (3) minimize biases and vari- mings was turned down. Dr. Cummings com- tary installations such as Oceana Naval Air ables in tests and evaluations, i.e. create and missioned a panel of community, government Station, Langley AFB, NASA Langley Re- apply uniform standards; (4) provide recog- and business leaders that shaped the district’s search Center, Joint Forces Command, Naval nized certifying authority; and (5) advance new new mission—to provide an elite educational Station Norfolk, etc. The localities play a large technologies to better protect our homeland. experience that produced enlightened citizens role in ensuring the safety and security of Ultimately, our nation’s security is com- adaptable to change and involved in their these assets as well as the many military and promised without this crucial capability. This communities. civilian personnel in the area. Through mod- initiative establishes an independent, objec- Dr. Cummings will leave many legacies at eling and simulation at the City’s emergency tive, entity to test and certify technologies for North Kansas City Schools. He created a pro- operations center, localities can gain experi- application in deep water, port, and coastal fessional and leadership development pro- ence in deterring and preventing cyber attack environments. The proposed program addi- gram, new career and technical education op- and other potential attacks on the area’s in- tionally serves to focus agency resource man- tions for students, organizational efficiency, an stallations, transportation infrastructure and in- agement by: (1) synergizing and minimizing award-winning money management team, formation networks. duplicative efforts; (2) aligning disparate test- standardized curriculum and differentiated in- Funding will be used for: Initial cyberspace ing operations; and (3) engaging all maritime struction. Dr. Cummings has also been awarded nu- data collection/study phase: $225,230; Initial security stakeholders—local through federal as merous times throughout his tenure as super- definitions of cyberspace experimental proc- well as commercial through military. SRI Inter- intendent. He was honored by YouthFriends esses, procedures and responses: $97,256; national and the University of Hawaii have as their first recipient of the School-Based Development of cyberspace municipal event teamed to address the nation’s critical port se- Mentoring Achievement and Advancement scenarios: $54,967; Architectural design, de- curity needs. This partnership will create trust- Award. In 2005, Dr. Cummings was named velopment and integration with IT department: ed-agent oversight and will leverage previous the Missouri Superintendent of the Year. The $34,246; Initial execution and assessment of federal infrastructure investment to provide the following year, he received the Look North VOICCE construct / scenarios: $36,804, and; most effective test bed capability at the lowest award for being an Outstanding Northland Initial staff review and input meetings: $2,608; achievable cost. The partnership also provides Leader by the Clay County Economic Devel- Final VOICCE Report Development & Associ- institutional ties to both the Department of De- opment Council. In 2008, he was recognized ated materials for printing, CD–ROMS: fense and Department of Health and Human as an Outstanding Missourian by the Missouri $48,889. Services, thus bridging their efforts and pro- House of Representatives, and most recently, viding for uniform, cost-effective maritime se- f the school district’s administration building was curity solutions. EARMARK DECLARATION renamed the Thomas P. Cummings Adminis- f trative Center. HON. C.W. BILL YOUNG DR. TOM CUMMINGS Madam Speaker, I ask my colleagues to join with me in commending Tom Cummings for OF FLORIDA his many years of dedicated service to the IN THE HOUSE OF REPRESENTATIVES HON. SAM GRAVES North Kansas City School District. His commit- OF MISSOURI Wednesday, June 17, 2009 ment to the students, the school and our com- IN THE HOUSE OF REPRESENTATIVES Mr. YOUNG of Florida. Madam Speaker, munity provide a strong example of the kind of pursuant to the House Republican Standards Wednesday, June 17, 2009 leader we should all strive to be. I know Tom’s on Congressional appropriations initiatives, I Mr. GRAVES. Madam Speaker, it is with colleagues, family and friends join with me in am submitting the following information re- great honor that I rise today to recognize the thanking him for his commitment to others and garding a project that was included at my re- outstanding service and leadership of Dr. Tom wishing him congratulations on his retirement quest in H.R. 2892, the Fiscal Year 2010 De- Cummings on the occasion of his retirement and best wishes on many more years of hap- partment of Homeland Security appropriations after 24 years of service to the North Kansas piness and success. bill: City School District, including 14 years as the f MARITIME DOMAIN AWARENESS superintendent. EARMARK DECLARATION Account: Homeland Security, Science and Dr. Cummings has dedicated the majority of Technology, Borders and Maritime his life to assisting and educating children. HON. STEVEN C. LaTOURETTE Legal name and address of requesting enti- After receiving his undergraduate degree from OF OHIO ty: SRI International, 830 First Street South, Franklin College in Indiana and his Master of IN THE HOUSE OF REPRESENTATIVES St. Petersburg, FL 33701. Science and Doctor of Education degrees Description of request: $4,000,000 is in- from Indiana University, Dr. Cummings has Wednesday, June 17, 2009 cluded in the bill for SRI International to con- committed almost half a century to education. Mr. LATOURETTE. Madam Speaker, pursu- tinue its work to develop a replicable port se- From coaching basketball to becoming the dis- ant to the Republican Leadership standards curity system that will be functional in diverse trict superintendent in 1995, Dr. Cummings on earmarks, I am submitting the following in- environments which include coastal maritime, has continually worked to improve the lives of formation regarding earmarks I received as seaport, island, extreme, and remote loca- his students. During his 49 years as an educa- part of H.R. 2847, the Commerce, Justice, tions. This project will include the development tor, Dr. Cummings also always strived to serve Science, and Related Agencies Appropriations of pilot test beds for use in a shallow and his community. He was president of the Great- Act of 2010.

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Requesting Member: Congressman STEVEN cation program on the science, technology three forensic work stations, $260,200 for lab C. LATOURETTE and ecology of the Great Lakes. The Great equipment and technology, and $215,800 for Bill Number: H.R. 2847 Lakes Science Center has raised $4,430,000. the operating budget including hardware and Account: OJP–Byrne Discretionary Grants This funding is a valuable use of taxpayer dol- supplies. This funding is a valuable use of tax- Legal Name of Requesting Entity: American lars as it follows the recommendations of the payer dollars as the facility will train students Judges Association National Academy of Sciences that Congress to do forensic and other high-tech, crime-solv- Address of Requesting Entity: 300 Newport invest in improving Math and Science edu- ing work and will create jobs for the region. Avenue, Williamsburg, VA 32185, USA cation programs for students. f Description of Request: Provide an earmark Requesting Member: Congressman STEVEN of $350,000 for the development of a new, na- C. LATOURETTE RECOGNITION OF THE SERVICE OF tionwide, distance-learning program for judges Bill Number: H.R. 2847 JAMES S.W. DREWRY so they can update and expand web-based Account: COPS Law Enforcement Tech- educational programs in their home districts nology HON. DON YOUNG without having to miss work or travel to semi- Legal Name of Requesting Entity: Lake OF ALASKA nars. The American Judges Association plans County Ohio IN THE HOUSE OF REPRESENTATIVES to use all of the funds to develop websites and Address of Requesting Entity: 125 E. Erie Wednesday, June 17, 2009 on-line courses, collaborate with selected pre- Street, Painesville, Ohio 44077, USA senters on past and future projects, enhance Description of Request: Provide an earmark Mr. YOUNG of Alaska. Madam Speaker, I presentations by the use of self-assessment of $1,000,000 for upgrading and improving the rise today to pay tribute to and recognize the quizzes, slides, video clips, glossary terms, county-wide interoperable Public Safety Radio outstanding service of James S.W. Drewry and other visual materials to be incorporated System because the current 800 MHz radio upon his retirement from the practice of law. into presentations, and videotaping and en- system’s technical support and parts will no Jim Drewry is retiring after decades of out- coding presentations. This web-based training longer be available in 2012. The entire budget standing service as a lawyer to his country, to is a valuable use of taxpayer dollars as it will will be used for the purchase of equipment. the Congress of the United States, and a lead- prevent courts from sending judges to expen- $1,000,000 has been contributed to this ing practitioner in the Washington, DC, com- sive training seminars, and will be especially project from the Lake County General Fund. munity. As outstanding as his National service useful for smaller courts with tight budgets, in- This funding is a valuable use of taxpayer dol- and later career have been, I would be espe- cluding municipal courts throughout NE Ohio. lars because it will provide communications for cially remiss if I did not go to Jim’s early work Requesting Member: Congressman STEVEN all law enforcement in the county, and will re- experience prior to graduating from college C. LATOURETTE place a system that will soon be obsolete and and attending law school. Jim began his work Bill Number: H.R. 2847 unable to be repaired. experience serving as a clerk for Senator E.L. Account: COPS Law Enforcement Tech- Requesting Member: Congressman STEVEN Bartlett (D–Alaska) in the United States Sen- nology C. LATOURETTE ate during the summers of 1961 to 1963. He Legal Name of Requesting Entity: Chagrin Bill Number: H.R. 2847 then got some real world labor experience as Falls Police Department Account: COPS Law Enforcement Tech- a gandy dancer while working as part of the Address of Requesting Entity: 21 W. Wash- nology labor gang on the Alaska Railroad during the ington Street, Chagrin Falls, OH 44022, USA Legal Name of Requesting Entity: South summer of 1964. These experiences prepared Description of Request: Provide an earmark Russell Police Department him well for a life-long career as a legislative of $250,000 for the purchase of new equip- Address of Requesting Entity: 5205 Chil- attorney that often touched on the important ment for an interoperable dispatch and Oper- licothe Road, South Russell, OH 44022, USA maritime, fishery, natural resource, and trans- ations Center within a planned new police sta- Description of Request: Provide an earmark portation issues of importance to my State of tion, the costs of which will be borne by resi- of $35,000 to allow this small department to Alaska. I for one always appreciated the pro- dents through a ballot initiative. All of the upgrade from an analog, 800 radio-commu- fessionalism and knowledge that Jim brought funds requested will be used to purchase the nication system to a digital, 800 radio-commu- to the issues, but also his early practical and equipment and technology for the operations nication system. Approximately, $13,618 will hands on experience that he brought to any and communications center. The Communica- be used to purchase four mobile 800 radios, situation. tions Center will help protect about 17,000 $20,000 for eleven portable 800 radios, $528 Jim obtained his Bachelor of Arts degree people served by the ten agencies that will uti- for four portable radio chargers, and $854 for from Randolph-Macon College in Ashland, VA, lize the center. The funding is a valuable use twelve portable radio shoulder microphones. in 1966, with honors in political science. There of taxpayer dollars as the interoperable center The Village of South Russell is contributing he was a member of Phi Beta Kappa. He went will improve communications between police $12,359.60. This funding is a valuable use of on to earn not one but two law degrees. The and fire departments throughout the region. taxpayer dollars as the upgrade is mandatory first was from the University of Virginia School Requesting Member: Congressman STEVEN for the county and must take place by 2011. of Law (LL.B. 1969) and the second from the C. LATOURETTE This modest funding will allow the South Rus- London School of Economics (LL.M. inter- Bill Number: H.R. 2847 sell Police Department to communicate national law 1975). Contemporaneously, he Account: NOAA—Operations, Research and seamlessly with 25 other public safety agen- held various positions during school breaks in- Facilities cies in Geauga County and improve public cluding working as a deckhand on a Great Legal Name of Requesting Entity: Great safety throughout the region. Lakes iron ore cargo ship (summer 1965), as Lakes Science Center Requesting Member: Congressman STEVEN a clerk for the Shipbuilders Council of America Address of Requesting Entity: 601 Erieside C. LATOURETTE (summers 1966–67), and as an editorial as- Avenue, Cleveland, OH 44114, USA Bill Number: H.R. 2847 sistant for the Stratton Commission on Na- Description of Request: Provide an earmark Account: COPS Law Enforcement Tech- tional Ocean Policy (summer 1968). Upon of $250,000 for education programs at the nology graduation from law school, he was admitted new Great Lakes Water Project exhibition. The Legal Name of Requesting Entity: University to the Virginia Bar and worked as a solicitor in Center is developing world class exhibitions of Akron the Corporate Law Department of the South- on the science, technology and ecology of the Address of Requesting Entity: 302 Buchtel ern Railway (July to October 1969) before Great Lakes and will be a focal point for edu- Mall, Akron, OH 44325, USA joining the U.S. Navy (October 1969 to August cating and engaging 450,000 pre-K–16 stu- Description of Request: Provide an earmark 1974). In the Navy he served on active duty dents and visitors in issues central to the re- of $500,000 to develop a fully equipped and as a Navy Judge Advocate in Japan (2 years), gion’s economy and vital to the ecological staffed High Technology Forensics Laboratory Vietnam (1 year), and Florida (1 year). In the health of the world’s largest freshwater re- and Resource Center in a partnership with the course of that he prosecuted, and defended, source. Great Lakes Science Center (GLSC), University of Akron and the Summit County in over 200 courts-martial, and served as trial one of the country’s leading science and tech- Sheriff’s Department. It will be utilized by at judge in others. For this service he was nology centers. All of the funds for this project least 23 law enforcement agencies in the awarded Navy Achievement Medal twice, for will be used for the development of the edu- area. Approximately, $24,000 will be used for performance in Japan and Vietnam.

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00035 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15526 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 After his Naval service, he continued in pub- eries, and natural resources. His approach to aircraft to determine precise vertical informa- lic service from November 1975 to June 1980, client advocacy was one of impeccable integ- tion (topography) of the earth’s surface (15 cm with the National Oceanic and Atmospheric rity, professional skill, and thoroughness in ad- precision). Commonly, this information is Administration (NOAA). While at NOAA, he vice. Jim’s advice was rightly sought because translated into high-resolution digital elevation served as Special Assistant to the NOAA Ad- of this approach. Jim really cared about help- models (DEMs) LiDAR can provide both a ministrator and as well as in progressively ing people—everyday people including many bare earth surface and the vegetated (or built) senior positions in the NOAA General Coun- in my own State. He tried his best to find com- surface. LiDAR can also provide topographic sel’s Office. As Senior Counsel for Inter- promise and a way to get things done, and a data below water. Specifically to the concern national Law, he was the Commerce Depart- way to get to ‘‘yes’’ on difficult problems so of NOAA and the State of Idaho, LiDAR can ment’s legal representative on U.S. inter- that his fellow citizens could benefit. There is provide up to date and precise flood plain national delegations for the negotiation of much said today to malign those in the law maps for rivers with built environments (such major treaties involving fisheries, wildlife, and and lobbying business and those who go from as the Boise River) to guide decisions on flood maritime boundaries. As Deputy Assistant positions in government to the private sector. insurance coverage and land use restrictions. General Counsel for Fisheries, he was one of For those who want to know how our system These predictive maps can also aid in evacu- the two main legal advisers to the Director of should work, and does work, they need only ation of people and livestock during an im- the National Marine Fisheries Service and car- look to the career of James S.W. Drewry. pending flood. This project will leverage exist- ried out the overall supervision and office Jim’s pursuit of truth, excellence, and integrity ing infrastructure and expertise at ISU to de- management of the attorneys and staff. As were unparalleled in the Washington commu- velop state-of-the-art watershed modeling Staff Attorney, he worked closely with the nity. tools for NOAA and other federal agencies. General Counsel and Deputy General Counsel Now he moves on to a justly deserved re- These tools will enable better management of on a wide range of legal issues and rep- tirement but one that we hope will keep him watersheds through improved topographic resented NOAA in Administrative Law Judge active in area of public policy development analyses for prediction of runoff, floods, and proceedings. and implementation. He comes from a long water storage capacity. Hyperspectral analysis In 1980 he began his illustrious and distin- line of public servants from Virginia having a (soils and vegetation) will be coupled with the guished career with the United States Con- grandfather, Patrick Henry Drewry, who LiDAR data for a full characterization, spec- gress. While Jim worked his entire congres- served in the Congress as Member of this trally and spatially of the landscape. These sional career in the Senate, I say United House and a father, John Metcalf Drewry, who analyses will allow for studies of vegetation States Congress because his contributions to served as a chief counsel for the Merchant structure, dependence of vegetation, soils, and legislation and legislative process benefited Marine and Fisheries Committee in the House earth processes (e.g. fire, erosion) on topology the entire institution, not just one body. For of Representatives. Jim was not content to (slope and aspect, drainages, surface rough- over 18 years he served as Counsel to the rest on the laurels of his family legacy, how- ness). The goal of this research and its result- Senate Committee on Commerce, Science, ever, and as you can see from this account, ing algorithms and tools is to significantly ben- and Transportation in positions requiring sen- distinguished himself in his own right. I join efit NOAA in its ability to convert LiDAR data ior-level policy and managerial experience in with throngs of his friends and colleagues in into usable derivative datasets for environ- the fields of commerce, transportation, com- saying that the likes of Jim Drewry do not mental and safety applications in Idaho and munications, science and technology, natural come along everyday and his service to and elsewhere. resources, and consumer affairs. Many of with us all will be truly missed. With that I Project Name: Idaho Meth Project Amount Requested: $1,000,000 those years he worked for the distinguished send him my very best wishes and also to his Senator from South Carolina, Senator Fritz Account: Department of Justice COPS Meth wife, Maria, and two sons, for many years of Recipient: Idaho Meth Project Hollings, who was always a gentleman to this a healthy and prosperous ‘‘next chapter’’ in his Recipient’s Street Address: 304 N. 8th Member and a great friend to my dear friend, life. Street, Room 446, Boise, Idaho 83702 Senator Ted Stevens. During this tenure at the f Description: Methamphetamine trafficking Commerce Committee Jim was Senior Demo- and abuse in Idaho has been on the rise over EARMARK DECLARATION cratic Counsel for Oceans and Atmosphere the past few years and, as a result, meth is (June 1980 to July 1987), nonpartisan Legisla- having a devastating impact in many commu- tive Counsel (July 1987 to May 1994), and HON. MICHAEL K. SIMPSON nities throughout Idaho. Meth is the number Democratic General Counsel/General Counsel OF IDAHO one illegal drug of choice in Idaho and the (May 1994 to 1999). Throughout his service, IN THE HOUSE OF REPRESENTATIVES State’s leading drug problem. The financial and in addition to his considerable substantive Wednesday, June 17, 2009 and social consequences of meth abuse in contributions in the matters before Congress, Idaho are devastating. It is a contributing Jim provided advice and guidance on par- Mr. SIMPSON. Madam Speaker, in accord- cause for much of the crime in Idaho, costs liamentary procedure, the Congressional ance with the policies and standards put forth millions of dollars in productivity, contributes to Budget Act, ethics requirements, and other by the House Appropriations Committee and the ever increasing prison populations and ad- legal and policy matters. He had daily contact the GOP Leadership, I submit a list of the con- versely impacts families. The Idaho Meth with Democratic floor staff regarding Senate gressionally-directed projects I have requested Project is a large-scale, statewide prevention floor action that affected Commerce Com- in my home state of Idaho that are contained and public awareness program designed to re- mittee legislation, participated in the day-to- in the report of HR 2847, Commerce, Justice, duce the prevalence of first-time methamphet- day management and supervision of the Science, and Related Agencies Appropriations amine abuse in Idaho by influencing attitudes Democratic staff, ensured that documents re- Act, 2010. through high-impact advertising. The Idaho lating to hearings, markups, and other meet- Project Name: Boise Center Aerospace Lab- Meth Project is focused solely upon prevention ings of Members and the Committee were oratory (BCAL) Watershed Modeling Utilizing and, to achieve this goal, is active in three comprehensive and legally and factually cor- LiDAR at Idaho State University areas: public service messaging, community rect, and maintained regular and excellent re- Amount Requested: $500,000 action and public policy. This includes a per- lationships with Republican staff. Jim’s hall- Account: Department of Commerce NOAA vasive media campaign reaching the target mark was his dedicated, calm, and profes- Recipient: Idaho State University population through TV, radio, billboards, print, sional manner that provided all Members re- Recipient’s Street Address: 921 South 8th and the Internet. gardless of political party or philosophical es- Avenue Stop 8007, Pocatello, Idaho 83209 Project Name: Idaho State Police to partici- tablishment the best support and advice pos- Description: ISU’s Department of Geo- pate in the Criminal Information Sharing Alli- sible. sciences has developed free spatial analysis ance Network (CISAnet) After this illustrious career in public service, tools available to the public for remote sensing Amount Requested: $500,000 he struck out and went into private law prac- and geographic information sciences (GIS). Account: Department of Justice COPS Law tice. There he took with him and used all of The remote sensing tools include a Enforcement Technology the legislative and ethics skills he developed downloadable toolbox for analyzing light de- Recipient: Idaho State Police over the years. He served clients in both the tection and ranging (LiDAR) data LiDAR is an Recipient’s Street Address: 700 South Strat- public and private sector, in maritime, fish- imaging method using a laser mounted on an ford, Meridian, Idaho 83642

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00036 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15527 Description: In 2006, the Idaho State Police HONORING KENNETH WAYNE Madam Speaker, on behalf of everyone in (ISP) developed and deployed, on a limited HUDSON North Alabama, I rise to express my gratitude basis, a web-based Case Investigative System to Lt. Col. Kenneth A. Reiman for his many (CIS). This tool allows investigators to collect, HON. TED POE years of service to the United States of Amer- use and share critical law enforcement infor- OF TEXAS ica. mation across the state. CISAnet provides a IN THE HOUSE OF REPRESENTATIVES f bi-directional information-sharing network with- Wednesday, June 17, 2009 TRIBUTE TO WILLIAM JOSEPH in and between state and local law enforce- Mr. POE of Texas. Madam Speaker, I would BURKE, SR., ESQ. ment agencies. CISAnet provides ISP and law like to recognize and thank Kenneth Wayne enforcement across Idaho with real time ac- Hudson for his service in the United States HON. BILL PASCRELL, JR. cess to criminal intelligence information shared Navy. The hard work and devotion he has OF NEW JERSEY by law enforcement partner agencies within demonstrated through out his career serves as IN THE HOUSE OF REPRESENTATIVES the states of Alabama, Arizona, California, an example to us all. Kenny has served our Georgia, Louisiana, Mississippi, New Mexico, country with courage and honor both at home Wednesday, June 17, 2009 Oklahoma and Texas. This ten state area is and abroad. Mr. PASCRELL. Madam Speaker, I would regarded as one of the most vulnerable to our See Madam Speaker, during the Vietnam like to call to your attention the work of an out- nation’s security—a ’soft spot’ through which War Kenny chose to leave high school before standing individual, William ‘‘Bill’’ Joseph illegal Mexican immigrants filter, illegal drug graduating to serve his country. After the war, Burke, Sr., Esq. Mr. Burke will be recognized trafficking passes and terrorists move freely. It he began his career and was never able to re- on June 16, 2009 with the Ram of the Year is believed that securing this porous border turn to school to obtain his high school di- Award for his dedication to the Fordham Uni- with Mexico is an effective way to protect ploma. It is with great pleasure that I am today versity family. congratulating Kenny on his most deserved American citizens. The CISAnet system pro- It is only fitting that William ‘‘Bill’’ Joseph accomplishment of receiving his high school vides an effective means for law enforcement Burke, Sr., Esq. be honored, in this, the per- diploma from Humble High School. I know all manent record of the greatest freely elected agencies to share information across state his family and friends are very proud. body on Earth, for he is a true embodiment of lines on known or suspected criminal activity. Kenny has recently retired from the work- the American dream and sets a great example Together, access to CISAnet, Idaho’s Fusion force and I know he will enjoy the company of in giving back to his community. Center and remote access to CIS will ensure his wife Becky and three children, Michelle, The job of a United States Congressman in- that Idaho state and local law enforcement of- Chad and Todd. volves so much that is rewarding, yet nothing ficers have the best information available in a This great country will forever be in Kenny’s compares to learning about and recognizing timely manner. In today’s environment, these debt. I wish him the best of luck in his future the efforts of individuals like Mr. Burke. As a systems are an effective way to monitor illegal endeavors. He will continue to reach new lev- fellow alumnus of Fordham University, I am drug and terrorist activity and identify, target els of accomplishment. proud to bestow this honor onto William ‘‘Bill’’ and locate potential terrorists. These systems We appreciate his service to America and Joseph Burke, Sr., Esq. are important components of an overall pre- his commitment to keeping our nation the Madam Speaker, I ask that you join our col- vention strategy and are crucial to protecting ‘‘Land of the Free and the Home of the leagues, Bill’s family and friends, all those Brave.’’ the citizens of Idaho and the United States’ whose lives have been influenced by Bill, the And that’s just the way it is. homeland security. The Criminal Information students, faculty and alumni of Fordham Uni- f Sharing Alliance network (CISAnet) FY2010 versity and me in recognizing the outstanding federal funding will be used to continue the in- TRIBUTE TO LIEUTENANT and invaluable service of William ‘‘Bill’’ Joseph tegration of CIS into the CISAnet infrastruc- COLONEL KENNETH A. REIMAN Burke, Sr., Esq. ture, to expand its capabilities by adding a f Geo coding module and by integrating CIS, HON. PARKER GRIFFITH HONORING THE LIFE OF JACK M. RMS and CISAnet into Idaho’s Criminal Intel- OF ALABAMA FARMER ligence Center. IN THE HOUSE OF REPRESENTATIVES Project Name: NCOMS Medical and Mental Wednesday, June 17, 2009 HON. HEATH SHULER Health Sharing Software Development Mr. GRIFFITH. Madam Speaker, I rise today OF NORTH CAROLINA Amount Requested: $500,000 to recognize the outstanding career and con- IN THE HOUSE OF REPRESENTATIVES tributions of Lt. Col. Kenneth A. Reiman. Lieu- Wednesday, June 17, 2009 Account: Department of Justice Byrne Dis- tenant Colonel Reiman is retiring from his cretionary Grants most recent position as Deputy Director of the Mr. SHULER. Madam Speaker, I rise today Recipient: Idaho Department of Corrections Test Support Group for the Missile Defense to honor the life of Mr. Jack M. Farmer, a dis- tinguished member of our Western North Recipient’s Street Address: 1299 North Or- Agency at Redstone Arsenal in Huntsville, Ala- bama. Carolina community. Mr. Farmer dedicated his chard, Suite 110, Boise, Idaho 83706. Prior to assuming his current position, Lt. life to benefitting his community, and it was Description: States are legally mandated to Col. Reiman was Program Director of the Mis- with great communal sadness that we provide appropriate medical care to incarcer- sile Defense Agency’s Ground-based Mid- mourned Mr. Farmer when passed away on ated individuals. These funds will be used to course Defense Program for Ground and September 26, 2008. He is survived by his create, modularize and implement the medical/ Flight Test Execution. He has served 23 years wife, Nancy Leming Farmer, his sons, Bruce mental health module for the National Consor- as an Air Force officer and has spent a life- Alan Farmer and Phillip Marlowe Farmer, and tium of Offender Management Systems time serving his country. 6 grandchildren. (NCOMS). This technology will allow public Lt. Col. Reiman has always played an im- Mr. Farmer was born on July 8, 1957 in safety organizations that house offenders to portant role in the development of North Ala- Haywood County, North Carolina. A graduate track and record the medical information to bama’s missile defense community and our of the Florida School of Forestry, he went on ensure that offenders receive proper medical nation’s defense. His dynamic leadership and to serve as the District Ranger of North Caro- treatment. exceptional technical skills directly resulted in lina District 9 for 37 years. Because of his out- the Missile Defense Agency’s successful exe- standing service, Mr. Farmer was awarded the I appreciate the opportunity to provide a list cution of its $2 billion per year flight and Order of the Long Leaf Pine in 2000 by Gov- of Congressionally-directed projects in the ground test programs. ernor Jim Hunt. The Order of the Long Leaf FY2010 Commerce, Justice, Science and Re- Reiman’s distinguished career reflects great Pine is one of the most prominent awards pre- lated Agencies Appropriations bill on behalf of credit upon himself, the United States Air sented by the Governor of North Carolina, Idaho and provide an explanation of my sup- Force, the Department of Defense, and the only available to those who have dedicated port for them. Tennessee Valley. over 30 years of service to the state.

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00037 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15528 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 In addition to his forestry service, Mr. Farm- Michigan. A founding director of Oakland completed the grueling program at Avenger er was actively involved in his community. He County’s Automation Alley, he also served on Field, the nation’s largest all-female air base. was instrumental in the establishment of Pin- the advisory board of the Detroit Regional Though WASP participants underwent the nacle Park, an 1,100 acre public park filled Chamber of Commerce, the Detroit Renais- same vigorous training as male cadets, these with frequently used hiking trails. Mr. Farmer sance Steering Committee, the Oakland Coun- dedicated individuals were refused recognition also served on the Jackson County Green ty Workforce Development Board, the WIRED as a women’s service within the U.S. Army Air Ways Committee, on the Board of Directors of (Workforce Investment for Regional Economic Force and were denied veterans’ benefits for Cullowhee Fire Department, and as the Presi- Development) and the Education Foundation over 30 years, finally gaining full recognition in dent of the Jackson County Habitat for Hu- of the Society of Manufacturing Engineers. He 1977. manity. Additionally, Mr. Farmer worked with was also a member of the Oakland County I’m honored to represent five former Women Jackson County Housing to construct elderly Business Roundtable. Air Service Pilots who reside in my Congres- housing and with the Jackson County Depart- I ask my colleagues to join me in recog- sional District: Eileen W. Ferguson, Geraldine ment on Aging to build access ramps for the nizing Dr. Chambers, a genuine leader in the F. Olinger, Alyce S. Rohrer, Margaret M. disabled elderly. He was also an active mem- field of education, science and technology. I Weiss, and Lillian G. Wray. These pioneering ber of the First Baptist Church of Sylva since join with the Chambers family, and the ex- women answered the call of duty with enthu- 1965, where he often served as a Deacon. tended family of Lawrence Technological Uni- siasm and vigor, offering their great skills in I am proud to have had Mr. Farmer as a versity, in mourning his loss, celebrating his service of our nation. I thank you for your constituent. I extend my condolences to his life, and paying tribute to him for all the good service and congratulate you on your long family and offer my most sincere appreciation work he did for others. overdue honor. for his service to North Carolina. f f f PERSONAL EXPLANATION HONORING CHARLES M. PERSONAL EXPLANATION CHAMBERS HON. XAVIER BECERRA HON. SANDER M. LEVIN OF CALIFORNIA HON. KEITH ELLISON IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES Wednesday, June 17, 2009 IN THE HOUSE OF REPRESENTATIVES Wednesday, June 17, 2009 Mr. BECERRA. Madam Speaker, I was un- Wednesday, June 17, 2009 Mr. LEVIN. Madam Speaker, I rise today to avoidably detained last evening and missed pay tribute to the life of an important commu- rollcall vote 350. If present, I would have voted Mr. ELLISON. Madam Speaker, on June 10, nity leader and a good friend, Charles M. ‘‘aye.’’ 2009, I inadvertently failed to vote on rollcall Chambers, who passed away on Wednesday, f No. 328, had I voted, I would have voted ‘‘aye.’’ May 20, 2009. HONORING WOMEN AIR SERVICE Mr. Chambers served from 1993 to 2006 as Madam Speaker, on June 11, 2009, I inad- PILOTS Lawrence Technological University’s fifth vertently failed to vote on rollcall No. 329, had president and as the University’s first chan- I voted, I would have voted ‘‘aye.’’ cellor from February 1, 2006 to July 1, 2006, HON. ADAM B. SCHIFF when he was named president emeritus. His OF CALIFORNIA f dedication to higher education and technology IN THE HOUSE OF REPRESENTATIVES A SPECIAL TRIBUTE TO CHIEF reshaped the business acumen at Lawrence Wednesday, June 17, 2009 PETTY OFFICER ERIC STANLEY Tech and allowed the University to enjoy un- HOWE precedented fund acquisition to enhance cur- Mr. SCHIFF. Madam Speaker, I rise today riculum and facilities throughout the campus. to express my support for legislation recog- During his tenure, Chambers lead the insti- nizing the Women Air Service Pilots with a HON. ROBERT E. LATTA Congressional Gold Medal. These brave tution in investing millions of dollars in upgrad- OF OHIO ing older facilities on the University’s 102-acre women served the nation at a pivotal moment IN THE HOUSE OF REPRESENTATIVES campus. In addition, the University constructed in our history. I’m proud that we in Congress several new facilities, including the University have finally commended them for their pio- Wednesday, June 17, 2009 Technology and Learning Center, the Student neering spirit and selfless dedication during Mr. LATTA. Madam Speaker, it is with a Housing Center-North, the A. Alfred Taubman World War II. great deal of pride that I rise to pay a very Student Services Center, and the Center for The Women Air Service Pilots, commonly special tribute to an outstanding serviceman in Innovative Materials Research. Growth and known as WASP, were the first women in his- the Fifth District of Ohio. Chief Petty Officer expansion of applied research and academic tory authorized to fly American military aircraft. Eric Stanley Howe is retiring from the United offerings accelerated during his presidency, in- These courageous women volunteered to fly States Navy after Twenty years of service. cluding the launch of Lawrence Tech’s first noncombat missions so that every available doctoral programs and the establishment of male pilot could be deployed into combat, con- Officer Howe has earned numerous decora- learning centers and higher education partner- tributing to the successful completion of U.S. tions and promotions throughout his years of ships elsewhere in Michigan, Canada, Ger- Air force missions in the South Pacific and on service to our nation. The dedication and com- many, Mexico, and Asia. the Western Front. mitment that he has shown throughout his Dr. Chambers’ career accomplishments are After the bombing of Pearl Harbor, WASPs military career has served America well. testaments of his passion for revitalizing the used their well-honed skills to dutifully service During his time in the Navy, Officer Howe scientific community and enhancing higher military aircraft, providing the U.S. Army Air made deployments to the Mediterranean, Ice- education. In the 1960s, he was an aerospace force with a invaluable assistance. Thanks to land, and Puerto Rico. Two of his deploy- engineer with NASA, where he participated in their rigorous training, by 1944 the WASP had ments have been in direct support of Oper- the Apollo space program. He was president flown every aircraft in the army’s inventory— ation Enduring Freedom and Operation Iraqi of the American Foundation for Biological including P–59 jet fighters. The WASP flew Freedom. Sciences, a consortium of over fifty scientific searchlight tracking missions, ferried and test- Madam Speaker, I ask my colleagues to join laboratories, museums, and societies. In addi- ed planes, performed flight checks, towed tar- me in paying special tribute to Chief Petty Offi- tion, he served on the faculties of Harvard gets for anti-aircraft gunnery practice, and in- cer Eric Stanley Howe. Servicemen like Officer University, the University of Alabama, and structed male pilot cadets, in addition to per- Howe lay the foundation upon which freedom George Washington University, where he was forming several other valuable tasks. and prosperity can rest. On behalf of the peo- a dean for graduate evening programs. While more than 25,000 women applied for ple of the Fifth District of Ohio, I am proud to Dr. Chambers was also involved in eco- WASP training, only 1,879 candidates were honor this sailor and his service to our great nomic development initiatives for southeast accepted. Of these, only 1,074 successfully nation.

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00038 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15529 HONORING THE CITY OF HONORING KATHY BANKS grew up in Chicago and Winnetka and raised ARLINGTON, TENNESSEE her family in Kenilworth and Lake Forest. An HON. LYNN A. WESTMORELAND accomplished student, she graduated from OF GEORGIA New Trier High School in 1955 and Con- HON. MARSHA BLACKBURN necticut College in 1959. Conde spent her IN THE HOUSE OF REPRESENTATIVES OF TENNESSEE summers in Harbor Beach, Michigan, at her Wednesday, June 17, 2009 family cottage, and for the past 10 years she IN THE HOUSE OF REPRESENTATIVES Mr. WESTMORELAND. Madam Speaker, I was a winter resident of the Ocean Reef com- Wednesday, June 17, 2009 rise today in remembrance of Kathy Banks, a munity in Key Largo, Florida. great Georgian who died in October 2008 at Conde Hackbarth is survived by a loving Mrs. BLACKBURN. Madam Speaker, it is an the age of 66. A kind and warm-hearted family including her husband Philip, an attor- honor and privilege to rise today on behalf of woman, talented realtor and active Repub- ney in Chicago, daughter Elizabeth Sears the City of Arlington, Tennessee for being rec- lican, Kathy was a delight to be around. Her Smith, son Christopher Sears, stepchildren ognized by the EPA with its Excellence in Site death was a great loss to those who knew and Rory Hackbarth and Philip Hackbarth, five Re-Use Award for turning one of the nation’s loved her. grandchildren (Jane, Phineas, Sydney, Neil most dangerous Superfund sites into a safe Born in Scranton, Pennsylvania, Kathy was and Kathryn), and Brother Charles Spaulding. community park. not a Georgia native; but after moving to At- I ask that my colleagues join me in extend- When pesticide producer Arlington Blending lanta as a child, she adopted the state as ing our deepest sympathies to the friends and and Packaging closed its doors for the final home, staying in Georgia for the rest of her family of Conde Hackbarth in this difficult time, time in 1979 it left behind contaminants con- days. as well as praise Conde for the grace, centrated in the sites soil and ground water In 1960, Kathy met the love of her life. She strength, and courage with which she waged due to years of spills and leakage from facility and Lee Banks married in July 1961 and her battle against cancer. Her life is an inspi- operations. Years after the site closed the stayed together till death did them part 47 ration to us all. EPA conducted a thorough examination of the years, three kids and five grandkids later. f 2.3 acre site and listed it as one of the most Early in their marriage, the couple moved to EARMARK DECLARATION dangerous Superfund sites in the country. This Fairburn in south Fulton County. An old family prompted the EPA to launch an extensive friend there, Mr. Ed M. Green, immediately no- HON. EDWARD R. ROYCE cleanup of the site to safely restore it to fami- ticed Kathy’s warmth and bright personality OF CALIFORNIA lies residing in the adjourning Mary Alice and told her that real estate was ‘‘the business IN THE HOUSE OF REPRESENTATIVES neighborhood. for her.’’ Mr. Green went on to become With the EPA’s cleanup completed, Arling- Kathy’s teacher, mentor, broker and dear Wednesday, June 17, 2009 ton Mayor Russell Wiseman and Town Super- friend in the business. Mr. ROYCE. Madam Speaker, pursuant to intendent Ed Haley spearheaded an ambitious In real estate, Kathy achieved great suc- the Republican Leadership standards on ear- effort to purchase the former Superfund site cess. She developed close relationships with marks, I am submitting the following informa- and build a community park though the EPA’s her clients, taking personal joy in helping buy- tion regarding earmarks I received as part of Return to Use initiative in conjunction with se- ers find their first homes, and her clients loved H.R. 2847, the Commerce, Justice, Science curing a community development block grant working with her as well. In her 36-plus years and Related Agencies Appropriations Bill for the park’s construction. The successful in real estate, Kathy sold more than 1,200 2010. completion of the Mary Alice Park stands as a homes. Even during the recession of 1975, Requesting Member: Representative ED shining example of how relentless determina- she had more than a million dollars in sales. ROYCE tion, community support and a unified vision A talented businesswoman, Kathy acquired Bill Number: H.R. 2847 can take something that was once thought to every accreditation in the real estate industry Account: Office of Justice Programs—Byrne be broken and renew it with new life. as well as hundreds of awards. She won the Discretionary Grants Account Legal Name of Requesting Entity: The City Madam Speaker, I ask my colleagues to join President’s Award on numerous occasions and was a lifetime member of the Million Dol- of Westminster me in honoring Arlington Mayor Russell Address of Requesting Entity: City of West- lar Club. Kathy’s business interests and mine Wiseman, Aldermen Glen Bascom II, Gerald minster, 8200 Westminster Blvd., Westminster, intertwined at times. In fact, soon after I began McGee, Hugh Lamar, Oscar Brooks, Harry CA 92683 my own construction company, Kathy sold the McKee, Brian Thompson, Town Super- Description of Request: Provide $290,000 in first home that I built. intendent Ed Haley, and residents of the Mary FY 2010 to be used for the Criminal Enter- Kathy was active in her community with Alice Neighborhood for their proactive and prise Initiative, following the Year 2 federal dedicated political involvement. She was a life- conscientious approach to turning a once funding provided in 2009. The detectives as- long Republican and shared her beliefs as a abandoned and contaminated industrial site signed to the Little Saigon Substation are in member of the Troup County Republican into a community park that will be treasured operation, specifically focusing on identifying, Women’s Organization. by Arlington families for generations to come. investigating and dismantling criminal enter- Madam Speaker, I ask the House to join me prises, having both national and international in remembering and honoring the life of Kathy f implications, within the Little Saigon area. Loughney Banks, a loving wife and mother, a Under this project, the Westminster Police De- successful businesswoman, a great Georgian PERSONAL EXPLANATION partment’s Crimes Against Public Unit occu- and a loyal friend. pies office space within the Little Saigon dis- HON. JOHN M. McHUGH f trict of Westminster, placing a powerful ‘‘inves- HONORING THE MEMORY OF tigative engine’’ into the heart of the area OF NEW YORK CONDE HACKBARTH where Asian Criminal Enterprises operate. The IN THE HOUSE OF REPRESENTATIVES total cost of project is $1,061,181 (local match of $748,981). Wednesday, June 17, 2009 HON. MIKE QUIGLEY f OF ILLINOIS Mr. MCHUGH. Madam Speaker, I was inad- IN THE HOUSE OF REPRESENTATIVES HONORING SAMUEL KAMPA vertently recorded as having voted in the neg- ative on H.R. 1256, House rollcall vote 335, Wednesday, June 17, 2009 on June 12, 2009. I would like the record to Mr. QUIGLEY. Madam Speaker, I rise today HON. MICHELE BACHMANN OF MINNESOTA show that I fully intended to vote ‘‘yea.’’ I to honor the memory of Conde Hackbarth, IN THE HOUSE OF REPRESENTATIVES strongly support this measure and, indeed, who passed away on June 6 following a 28- voted for the legislation when the measure year battle with cancer. Wednesday, June 17, 2009 first came before the House for a vote on April Conde Hackbarth was born on August 8, Mrs. BACHMANN. Madam Speaker, I rise 2, 2009. 1937, to Elizabeth and John Spaulding. She today to recognize Mr. Samuel Kampa, who

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00039 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15530 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 was recently selected as one of the top 10 fi- member of the Education Committee of the Scout Reservation as a boy, I can tell you that nalists in the 2009 Holocaust Remembrance Michigan Catholic Conference. The list of or- this camp is a very special place. Within the Project national essay contest. Mr. Kampa, a ganizations Sister Dorita has served with over boundaries of the camp, scouts learn the ba- recent graduate of Dassel-Cokato High the years is extensive and includes: the United sics of nature and gain a respect for, and ap- School, was chosen out of 7,000 entries for States Department of Education National Re- preciation of, the outdoors. his essay on preserving the memory of mil- view Board for the Blue Ribbon Schools Pro- Madam Speaker, I ask my colleagues to join lions of victims of the Holocaust. gram, Task Force on Restructuring the Dio- me in paying special tribute to the Pioneer In his essay, Mr. Kampa wrote, ‘‘I discov- cese of Lansing Offices, Michigan Association Scout Reservation. The staff, who allow this ered that the Holocaust was not a distant, ab- of Middle School Educators, National Con- camp to be such fertile ground where Boy stract occurrence that merely comprised yet ference of Catholic Schools for the 21st Cen- Scouts can grow into young men, provide our another chapter in world history. Rather, the tury, School Financial Management Services communities in Northwest Ohio with an invalu- Holocaust forever transformed the actual lives Inc., United States Department of Education able service. On behalf of the people of the of men, women, and children—human beings Exemplary Schools Program, Michigan Non- Fifth District of Ohio, I am proud to honor this who were subjected to inhuman sadism.’’ Public School Accrediting Association, Board establishment. He continued, ‘‘When the last survivor of Trustees for Adrian Dominican Independent f passes on, who will be there to share the sto- Schools, Michigan State Board of Education ries and thus make Holocaust history tangible, Accrediting Association, Greater Lansing Food PERSONAL EXPLANATION accessible, alive, and meaningful? The answer Bank, Excellence in Education Committee of is clear: we must take the next step, for it is the Greater Lansing Regional Chamber of HON. STEVE KING absolutely imperative that we educate future Commerce, Office of Technical Assistance OF IOWA generations and perpetuate Holocaust remem- and Evaluation Advisory Council and the Advi- IN THE HOUSE OF REPRESENTATIVES brance by reiterating their stories . . . Forgot- sory Committee on Budget and Planning with Wednesday, June 17, 2009 ten history profits nothing, and the mistakes of the Michigan State Board of Education, May- the past will become the mistakes of the or’s Inter-Agency Committee on Youth, Asso- Mr. KING of Iowa. Madam Speaker, on roll- present if we neglect to remember. When we ciation for Supervision, National Association of call No. 343 I was not able to reach the floor forget the stories, it is easy to lapse into old Secondary School Principals, National Asso- before the vote was closed. Had I been sins.’’ ciation of Elementary School Principals, Michi- present, I would have voted ‘‘yes.’’ The recent anti-Semitic tragedy at the Holo- gan Association for the Individually Guided f caust Museum in Washington, D.C. reaffirms Education, Michigan State University Alumni PRESIDENTIAL COMMISSION TO Mr. Kampa’s timely essay. He reminds us of Association and Chief Administrators of Catho- STUDY THE CULTURE AND GLO- the need to continuously remember the trag- lic Education with the National Catholic Edu- RIFICATION OF VIOLENCE IN edy and the events that led up to the disaster cation Association. AMERICA ACT that ended the lives of millions of individuals Sister Dorita has worked with Gull Lake and impacted so many more. School District, Lansing Public Schools and Madam Speaker, on behalf of the Sixth Dis- Lansing Community College. She currently is HON. ALCEE L. HASTINGS trict of Minnesota, I want to commend Mr. Adjunct Professor at Michigan State Univer- OF FLORIDA Kampa not only for his impressive accomplish- sity’s College of Education. Sister Dorita re- IN THE HOUSE OF REPRESENTATIVES ment, but for his insightful thoughts into how ceived her Doctor of Philosophy degree from Wednesday, June 17, 2009 our world can avoid another monumental ca- Michigan State University in 1980. In 1990 she tastrophe, such as the Holocaust. was selected as the Distinguished Diocesan Mr. HASTINGS of Florida. Madam Speaker, f Leader by Today’s Catholic Teacher and I rise today to introduce the Presidential Com- School Financial Management Systems. In mission to Study the Culture and Glorification HONORING SISTER DORITA 1993 she was elected as Educator of the Year of Violence in America Act. This bill will estab- WOTISKA by Phi Delta Kappa. She has published sev- lish a commission tasked with not only study- eral articles on education. ing the culture of violence in our country, but HON. DALE E. KILDEE Madam Speaker, Sister Dorita Wotiska has also the factors that contribute to this culture OF MICHIGAN spent her life focused on enhancing the and the actions that can be taken to mitigate IN THE HOUSE OF REPRESENTATIVES Catholic education system and experience. its effects. Members of this Commission will determine Wednesday, June 17, 2009 She has used the talents given to her by God to advance educational and spiritual ideals what connections exist between violence and Mr. KILDEE. Madam Speaker, I rise today and through her ministry she has imprinted the access to firearms, psychological stress, and to honor Sister Dorita Wotiska, O.P. as she re- message of Our Lord, Jesus Christ, into the economic despair. They will further examine tires from her position as Superintendent of hearts of countless students. I have valued what role schools can play in preventing vio- Catholic Education for the Diocese of Lansing. her input, her dedication and her vision of a vi- lence and propose possible solutions to ad- A dinner will be held in her honor on June 22 brant educational system, and I pray this new dress the glorification of violence in the United in Lansing, Michigan. phase of her life contains only the best. States. Madam Speaker, we have become a society Sister Dorita entered the Adrian Dominican f Sisters in 1954 and embarked upon her career that places violence and aggression above as an educator. After working at the elemen- A SPECIAL TRIBUTE TO THE hard work and acts of kindness. Sadly, chil- tary level first as a teacher then assistant prin- PIONEER SCOUT RESERVATION dren today admire gangsters instead of teach- cipal and principal, Sister Dorita became the ers. They would rather be thugs and drug Assistant Superintendent of Schools in the Di- HON. ROBERT E. LATTA lords than doctors and philanthropists. They ocese of Gaylord. She moved to the position OF OHIO measure the strength of their character by the of Associate Superintendent with the Diocese IN THE HOUSE OF REPRESENTATIVES size of their gun and not by their generosity of Lansing before assuming the duties of Su- toward others. perintendent for the Diocese in 1986. In 1994 Wednesday, June 17, 2009 The American Academy of Pediatrics has she accepted the additional responsibilities of Mr. LATTA. Madam Speaker, it is with a found that prolonged exposure to violence in Chairperson of the Department of Education great deal of pride that I rise to pay a very the media can increase acceptance of vio- and Catachesis and became a member of the special tribute to a facility in the Fifth Congres- lence as an appropriate means of solving Bishop’s Cabinet. In this capacity she super- sional District of Ohio. This year marks the problems. It can glamorize weapons as vised 47 Catholic schools with a combined en- 40th anniversary of the Pioneer Scout Res- sources of personal power and can contribute rollment of 15,000 students. ervation in Pioneer, Ohio. to aggressive behavior. It is, therefore no sur- In addition to her Diocesan duties, Sister The Pioneer Scout Reservation serves as a prise that in 2007 alone, there were over 1.4 Dorita is the President of the Michigan Asso- year-round camping site for the Boy Scouts of million serious violent crimes in America. In ciation of Non-Public Schools and she is a America. From the time I spent at the Pioneer 2006, the Federal Government spent $36.2

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00040 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15531 billion on criminal justice and local govern- Improve provider education and training also marks the 200th career victory for three- ments spent over three times that amount. about advance care planning and end-of-life year head coach Steve Beville and Cortland’s Worst of all however, teens and young adults care. This legislation would establish a Na- second national championship in four years. experience the highest rates of violent crime. tional Geriatric and Palliative Care Service The Gettysburg Bullets held the lead at 4– It is clear that we must make an effort to Corps modeled after the National Health Serv- 2 after the first quarter, only to be shut out by raise our children to recognize that violence is ice Corps. the Cortland defense in the second and third nothing more than the physical manifestation Require portability of advance directives. quarters—a scoreless run that spanned about of fear and desperation. However, our soci- The legislation would improve the portability of 38 minutes. The Red Dragons tied the game ety’s glorification of violence has become so advance directives from one state to another, at the half before pulling ahead in the third ingrained in our culture that it has become and require any existing advance directives to quarter and closing the game with the title. seemingly impossible to reverse. be prominently placed in a patient’s medical Junior Brandon Misiaszek (New Hartford, Madam Speaker, it is our collective respon- record so they are easily visible. NY) was named the Most Outstanding Player sibility to create a society that values respect Authorize funding for new and innovative with a career-high five goals. Mike Tota (Web- toward our fellow citizens. This legislation is approaches to advance care planning. Grants ster, NY) had a goal and an assist, finishing simply a small step toward addressing what would be made available to states for develop- the season just one goal away from becoming has become a destructive parasite upon the ment of electronic advance directive registries. the seventh player in school history to score future of our country. By learning how the Grants would also be made available to de- 50 in a season. Senior goalie Matt media and society promote violence and ex- velop systems to identify that a person has an Hipenbecker (Mountain Lakes, NJ) recorded amining ways in which we can address this advance directive using driver’s licenses, simi- 10 saves—seven alone during the fourth quar- most pressing dilemma, it is my hope that we lar to how organ donor status is indicated. ter—finishing an impressive performance in can stem the tide of violence and crime in Provide Medicare, Medicaid, and CHIP cov- the NCAA playoffs during which he registered America so that subsequent generations can erage for advance care planning consultations. 40 saves. live in a more peaceful nation. This legislation provides Medicare, Medicaid, Madam Speaker, I am honored to represent I ask for my colleagues’ support and urge and CHIP coverage for advance care planning such talented and dedicated athletes in my the swift consideration of this bill. so that patients can routinely talk to their phy- district. I ask that my colleagues join me in f sicians about their wishes for end-of-life care. congratulating the SUNY Cortland Men’s La- crosse Team and wishing them the best of INTRODUCTION OF THE ADVANCE Improve consumer access to hospice and luck in their future athletic and scholarly en- CARE PLANNING AND COMPAS- palliative care. This legislation provides great- deavors. SIONATE CARE ACT OF 2009 er consumer information about hospice and palliative care, so the public is well informed of f the care options available at the end of life. PERSONAL EXPLANATION HON. EARL BLUMENAUER Provide concurrent care for children. This OF OREGON legislation requires that concurrent care—the IN THE HOUSE OF REPRESENTATIVES provision of both curative and hospice care at HON. J. GRESHAM BARRETT Wednesday, June 17, 2009 the same time—is available to children who OF SOUTH CAROLINA Mr. BLUMENAUER. Madam Speaker, today qualify for hospice. This will make it possible IN THE HOUSE OF REPRESENTATIVES I am proud to introduce the Advance Care for children to receive the palliative services Wednesday, June 17, 2009 Planning and Compassionate Care Act of they need from hospice while still pursuing po- Mr. BARRETT of South Carolina. Madam 2009. This important legislation will provide tentially curative treatments. Speaker, unfortunately I missed recorded the tools and resources necessary to dramati- Require the development of quality meas- votes on the House floor on Monday, June 15, cally improve care at the end of life. ures to assess end-of-life care. The Secretary 2009. As we approach health care reform, there is of HHS, acting through the Director of the Had I been present, I would have voted no other area more vital for honest discussion Agency for Healthcare Research and Quality, ‘‘aye’’ on rollcall vote No. 336 (Motion to Sus- and careful analysis than what happens at the shall require specific end-of-life care quality pend the rules and Agree to H. Res. 430), end of a patient’s life. For most of us, the ma- measures for each relevant provider setting. ‘‘aye’’ on rollcall vote No. 337 (Motion to Sus- jority of our lifetime health care will be admin- The legislation would also develop and imple- pend the Rules and Agree to H.R. 2325), istered in that last year. Indeed for some, the ment accreditation standards and processes ‘‘nay’’ on rollcall vote No. 338 (Motion to Sus- last few months is when we will use the most for hospital-based palliative care teams. pend the Rules and Agree to HR. 729). Establish the National Center on Palliative doctor care, the most medical procedures, and f spend the most days in a hospital. and End-of-Life Care at the NIH. Biomedical Advances in health care have led to an and health services research is vital across all IN REMEMBRANCE OF REV. DR. C. aging population facing increasingly complex phases of life. A new National Center on Pal- B. T. SMITH end of life health care decisions. These strains liative and End-of-Life Care at the NIH will make complicated decision-making regarding lead biomedical research on palliative and end HON. EDDIE BERNICE JOHNSON medical care incredibly difficult. Too often, de- of-life care. OF TEXAS cisions are avoided until a crisis occurs, result- f IN THE HOUSE OF REPRESENTATIVES ing in inadequate planning, unknown patient Wednesday, June 17, 2009 preferences, and families left struggling with RECOGNIZING THE STATE UNIVER- the burden of determining their loved ones’ SITY OF NEW YORK (SUNY) Ms. EDDIE BERNICE JOHNSON of Texas. wishes. For both families and patients, this is CORTLAND MEN’S LACROSSE Madam Speaker, I rise today in honor of Rev. a time of incredible stress, confusion, and TEAM Dr. C. B. T. Smith who passed away on Satur- pain. day, June 13, 2009. Rev. Smith served the This legislation will provide valuable re- HON. MICHAEL A. ARCURI congregation of Golden Gate Missionary Bap- sources to patients, their families, and health OF NEW YORK tist Church in Dallas, Texas, for over 45 years care providers to ensure that care at the end IN THE HOUSE OF REPRESENTATIVES and was regarded nationally as a leading the- of life is aligned with patient wishes and val- ologian and skilled minister. Wednesday, June 17, 2009 ues. Rev. Smith was born as one of 14 children The Advance Planning and Compassionate Mr. ARCURI. Madam Speaker, I stand to a sharecropper and a maid, and at the age Care Act of 2009 would: today in recognition of the State University of of 20, he felt a profound call of service to God. Improve consumer information about ad- New York (SUNY) Cortland Men’s Lacrosse In 1952, he became a pastor at Golden Gate vance care planning and end-of-life care. This Team, which won the NCAA Division III cham- Missionary Baptist Church and began what legislation would provide critically needed in- pionship with a 9–6 victory over Gettysburg would become a career spanning almost five formation and assistance to consumers and College on May 24, 2009. The SUNY Cortland decades. Rev. Smith married Rosie Lee their families in order to guarantee that an in- Red Dragons finished 2009 at 19–2, setting a Hartfield, on January 2, 1943, and they re- dividual’s final wishes for care are carried out. school record for wins in a season. The game mained together for over fifty years until her

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00041 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15532 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 passing on April 15, 2008. He is survived by to order that she be named Register of Copy- to users for the ‘‘fair use’’ of copyrighted several god children and three sisters-in-law. rights. She went on to serve as Register from works. As a pastor, Rev. Smith was a powerhouse November 19, 1973, until her retirement in Second, in referring to the 1976 Act, the in the Dallas area. One of the central points of 1980; she was later called back to serve as Post characterized a law that is now more his ministry was to ensure that the church Acting Register again, from 1993–1994. than three decades old as the ‘‘New Copyright adapted to the changing social needs of the Ms. Ringer’s most notable accomplishment Law.’’ This characterization indicates how dif- community. When Rev. Smith saw that many was the Copyright Act of 1976. Ms. Ringer ficult it is to balance all the competing inter- African American men were suffering from al- was one of its chief architects and was the ests and shepherd a bill that affects so many cohol and drug addiction, he developed a pro- principal author of the Act, which brought individuals and entities to enactment and yet gram to focus on counseling and rehabilitation. sweeping changes and needed updates to this remarkable lady did precisely that through Through his career, Golden Gate Missionary United States copyright law. Her efforts, which the sheer power of her intellect, commitment, Baptist Church saw the creation of many min- culminated in passage of the Act, spanned 20 perseverance and strategic abilities. istries and fellowship programs including a years and involved countless hours forging In closing, I ask that I be permitted to place Children’s Ministry, a Marriage and Counseling compromises between parties with conflicting into the RECORD two documents. The first is Program, and a Senior’s Fellowship Program, interests and educating Members of Congress the Washington Post article, which I referred among others. on the complexities of copyright law. In 1977, to earlier. The second is a Special Edition of Today, Golden Gate Missionary Baptist Ms. Ringer received the President’s Award for Copyright Notices dated April 2009, which was Church is one of the most vibrant congrega- Distinguished Federal Civilian Service for her authored by Judith Nierman and does an ex- tions in Dallas with thanks in large part to the work related to the Act. cellent job of chronicling the life and achieve- lifelong work of Rev. Dr. C. B. T. Smith. I ask Barbara Ringer passed away at the age of ments of Ms. Ringer. my fellow colleagues to join me in remem- 83 on April 9, 2009, in Lexington, Virginia. In For both those who knew her and those bering and honoring the work and life of this keeping true to her passion for service, she who benefit unknowingly from her tremendous great man who made a difference in the lives donated upon her death her personal collec- and dedicated efforts, Ms. Ringer has left an of so many individuals. He will be deeply tion of 20,000 movies and 1,500 books on film indelible legacy that is worthy of public rec- missed. to the Library of Congress. On behalf of the ognition. f American people, thank you Ms. Ringer; you f are missed. COMMEMORATING THE LIFE OF IN RECOGNITION OF MAJ. MI- f BARBARA RINGER CHAEL S. AVEY FOR EXEM- REMEMBERING BARBARA RINGER PLARY AND DEDICATED SERV- HON. JOHN CONYERS, JR. ICE IN SUPPORT OF THE UNITED STATES HOUSE OF REPRESENTA- OF MICHIGAN HON. LAMAR SMITH TIVES IN THE HOUSE OF REPRESENTATIVES OF TEXAS Wednesday, June 17, 2009 IN THE HOUSE OF REPRESENTATIVES Wednesday, June 17, 2009 HON. STEPHEN F. LYNCH Mr. CONYERS. Madam Speaker, I rise in OF MASSACHUSETTS memory of Barbara Alice Ringer, who served Mr. SMITH of Texas. Madam Speaker, a re- IN THE HOUSE OF REPRESENTATIVES as Register of Copyrights from November 19, markable and pioneering lady, Ms. Barbara A. 1973 through May 30, 1980, and was the first Ringer, the ninth Register of Copyrights, Wednesday, June 17, 2009 woman to hold this position. Ms. Ringer was passed away earlier this year. Mr. LYNCH. Madam Speaker, I rise today in known for her enduring modesty, her dedica- The first woman to serve as the head of the recognition of an outstanding soldier and my tion to authors and artists, and her unsur- United States Copyright Office, which is part good friend, Maj. Michael S. Avey, whose ex- passed expertise in the field of copyright law. of the Library of Congress, Ms. Ringer served emplary and dedicated service as a Congres- Ms. Ringer was born in Lafayette, Indiana as an example of the profound, positive im- sional Liaison Officer in support of the United on May 29, 1925. Ms. Ringer earned a Bach- pact that a single individual can have in im- States House of Representatives stands as a elor’s and a Master’s degree from George proving the lives and circumstances of others. testament to the honor and excellence of the Washington University, and then went on to While her professional duties meant that United States Army. become one of a handful of women to receive she spent the overwhelming majority of her A native of Redford, Michigan, Maj. Avey a Juris Doctor degree from Columbia Law time and personal energy focused on pro- joined the United States Army House Liaison School in 1949. moting and protecting the rights of authors, Division in January of 2008, following the com- Following her graduation from law school, composers, songwriters and performers, her pletion of his one-year post as a Staff Action Ms. Ringer joined the Copyright Office as an passion for justice was not limited to these Officer with the United States Army Joint Staff. examiner, and worked her way up through the concerns. Maj. Avey’s prior military experience also in- ranks of the Copyright Office, serving as Head My distinguished colleague, the Chairman of cludes distinguished service in Bosnia- of the Renewal and Assignment Section, Chief the House Judiciary Committee, described Herzegovina as part of Stabilization Force 8 of the Examining Division, Assistant Register some of Ms. Ringer’s broader efforts in this re- and deployment in support of Operation Iraqi of Copyrights for Examining, and Assistant gard in his remarks that were offered a few Freedom, during which he commanded the A/ Register of Copyrights. moments ago. 2–327th Infantry Regiment with distinction. In In 1971, after 22 years of service to the When the Washington Post reported on Ms. recognition of his distinguished service, Maj. Copyright Office, five of which were as the Ringer’s passing, the headline read ‘‘Force Avey has received several military awards and second in command of the Office, Ms. Ringer Behind New Copyright Law’’. That headline is decorations, including the Bronze Star Medal, was passed over for promotion to Register of telling in at least two respects. two Army Meritorious Service Medals, the Copyrights. Ms. Ringer challenged this deci- First, Ms. Ringer was truly the indomitable Ranger Tab, and the Combat Infantryman sion and filed a discrimination suit. While the catalyst and indispensable person who moti- Badge. suit was pending, Ms. Ringer served as Direc- vated Congress to enact The Copyright Act of For the past year and a half, Maj. Avey has tor of the Copyright Division of the United Na- 1976, the first and only major revision of the provided exemplary and indispensable service tions Educational, Scientific, and Cultural Or- code since the enactment of the 1909 Copy- to Members of Congress and staff as a Con- ganization (UNESCO) in Paris. right Act nearly seven decades before. Ms. gressional Liaison Officer for the United States A federal hearing revealed that there was a Ringer was a visionary who foresaw the im- Army. In addition to assisting our offices on all consistent pattern of discrimination within the pact of technological progress on the rights of matters relating to United States Army practice Library of Congress, and that Ms. Ringer had individual creators. As the principal author of and policy, Maj. Avey has played an instru- been passed over because of her gender and the 1976 Act, she succeeded to a remarkable mental role in the design, development, and because she had always vocally supported the degree in promoting principles that both execution of Congressional Delegations, promotion of African Americans in the Copy- strengthened the rights of authors and pro- through which Members of Congress are af- right Office. This ultimately led a federal judge vided affirmative protections, for the first time, forded the invaluable opportunity to conduct

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Pfeifer’s dedication to justice and Congressional Delegations, including site visits Bill Number: H.R. 2892 the ongoing battle against the drug cartel are to Iraq, Afghanistan, Syria, and the Gaza Account: FEMA, State and Local Programs/ remarkable and I wish him continued success Strip. Accordingly, I have had ample oppor- Emergency Operations Center in all his future endeavors. tunity to witness the excellence, profes- Legal Name of Requesting Entity: Brazoria sionalism, and pride with which Maj. Avey County Emergency Management f conducts his work and in particular, the extent Description of Request: An earmark of of his admirable commitment to ensuring the $100,000 to fund construction of an Emer- PERSONAL EXPLANATION safety and security of Members and staff. In gency Operating Center in Brazoria County, addition, I have also had the great privilege to Texas. come to know Maj. Avey on a personal level f HON. TED POE and can genuinely say that his character OF TEXAS never fails to reflect the loyalty, honor, and HONORING FR. FRANCIS distinction that have come to define his serv- THEODORE PFEIFER IN THE HOUSE OF REPRESENTATIVES ice in the United States Army. Wednesday, June 17, 2009 Madam Speaker, Maj. Michael S. Avey HON. CHARLES A. GONZALEZ stands as the personification of the United OF TEXAS Mr. POE of Texas. Madam Speaker, on roll- States Army’s motto, ‘‘Army Strong.’’ On be- IN THE HOUSE OF REPRESENTATIVES call Nos. 349 and 350, I was inadvertently de- half of the entire United States House of Rep- Wednesday, June 17, 2009 tained. I would have voted ‘‘aye’’ on rollcall resentatives, I would like to express my deep- No. 349 and ‘‘nay’’ on rollcall No. 350. est and sincerest gratitude to Maj. Avey for his Mr. GONZALEZ. Madam Speaker, I rise exemplary and dedicated service and wish today to honor Fr. Francis Theodore ‘‘Ted’’ f him, his wife, Margaret, his son, Brendan, and Pfeifer, a public servant who has dedicated his his daughter, Kate, the best of luck on all of life to serving others as a spiritual advisor and EARMARK DECLARATION their future endeavors. as an American missionary in Southern Mex- f ico. Fr. Pfeifer has been a passionate advo- cate against the drug cartel in Mexico, a dedi- HON. GLENN THOMPSON PERSONAL EXPLANATION cated priest and kind friend to the San Antonio community. OF PENNSYLVANIA HON. LYNN C. WOOLSEY Born in the Rio Grande Valley of Texas, he IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA moved to San Antonio, where he completed Wednesday, June 17, 2009 IN THE HOUSE OF REPRESENTATIVES his theological and pastoral studies at the Ob- Wednesday, June 17, 2009 late ‘‘De Mazenod Scholasticate,’’ now the Ob- Mr. THOMPSON of Pennsylvania. Madam late School of Theology. He served bravely for Speaker, pursuant to the Republican Leader- Ms. WOOLSEY. Madam Speaker, on June more than 23 years as an Oblate Missionary ship standards on earmarks, I am submitting 16, 2009, I was unavoidably detained and was in the Mexican state of Oaxaca, tending to his the following information regarding earmarks I not able to record my vote for rollcall No. 350. pastoral duties as a missionary and assuming Had I been present I would have voted: received as part of H.R. 2847, Commerce, the additional duties of doctor, dentist, elec- Justice, Science, and Related Agencies Ap- Rollcall No. 350—YES—On Motion that the trical journeyman, mechanic, construction fore- Committee Rise. Making Appropriations for the propriations Act, 2010. The entity to receive man, expert in livestock, and most notably as the funding is the Lycoming County Commis- Departments of Commerce and Justice, and a courageous leader against the drug cartel. Science, and Related Agencies for the fiscal sioners, 48 West Third Street, Williamsport, Fr. Pfeifer made history when he began PA 17701, in the amount of $250,000. This year ending September 30, 2010, and for preaching against the infiltration of the drug other purposes. funding through the COPS account will pur- traders on the Southern Mexican villages in chase new equipment for use by the Emer- f the early 1980’s. His outspoken words from gency Operations Center (EOC) and 9–1–1 PERSONAL EXPLANATION the pulpit against the drug cartel brought him center. This will directly support the acquisition face to face with death on numerous occa- of an Emergency 9–1–1 console purchase and sions. Once Fr. Pfeifer miraculously escaped relocation into a new addition at the center. HON. GRACE F. NAPOLITANO with his life when bullets riddled the cab of his OF CALIFORNIA truck; rather than cowering at the death The entity to receive funding is the Clarion IN THE HOUSE OF REPRESENTATIVES threats, he fearlessly persisted preaching County Commissioners, 421 Main Street, Clar- Wednesday, June 17, 2009 against the cartel. He continued to fight the ion, PA 16214, in the amount of $500,000. drug cartel with the Gospel and encouraged This funding through the COPS account will Mrs. NAPOLITANO. Madam Speaker, on create a joint communication system that will Tuesday, June 16, 2009, I was absent during 15,000 locals in his vast parish to resist the threats, massacres and the alluring offers to promote seamless interoperability capabilities rollcall vote No. 350 because the leadership among counties, hospitals, schools, regional, had informed me that there would be no addi- use their farmland to grow the plants used for drugs. state, and federal agencies. Radio commu- tional votes that evening. Had I been informed nications, along with broadband/internet of this procedural vote, I would have been The severity of the escalating drug cartel activity in the area prompted Fr. Pfeifer to connectivity, are vital elements necessary to present and voted ‘‘aye’’ on the Motion that link all telecommunications needs together the Committee Rise. reach out to my father, the late Congressman Henry B. Gonzalez. The Oblate’s outreach to where the counties provide direct services and f the U.S. government caught the attention of mutual aid. EARMARK DECLARATION not just my father, but the then U.S. Speaker The entity to receive funding is the Centre of the House Jim Wright and Congressman Al- County Commissioners, Willow Bank Office HON. RON PAUL bert Bustamante, who together played a piv- Building, Bellefonte, PA 16823, in the amount OF TEXAS otal role against the infiltration of the drug car- of $250,000. The funding will be used for pur- IN THE HOUSE OF REPRESENTATIVES tel in Mexico. chase of an upgraded emergency communica- Madam Speaker, I ask my colleagues to join tions system that will improve safety for citi- Wednesday, June 17, 2009 me in honoring Fr. Pfeifer as we celebrate the zens of the County and allow for interoper- Mr. PAUL. Madam Speaker, ‘‘Pursuant to 50th Anniversary of his priestly ordination, a ability among multiple agencies throughout the House Republican standards on earmarks, lifetime of bravery and the launch of his book Centre County.

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00043 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15534 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 HONORING JOSEPH F. THOMPSON care or superior outcomes. In fact, research In addition to the Cooperative Weather Ob- shows that health care outcomes and patient servation Program, Mr. Burkholder has served HON. PATRICK J. MURPHY satisfaction are often greater in regions that on the local area school board, and was the OF PENNSYLVANIA spend less. president of the Pandora Medical Center and the Mennonite Disaster Relief Service of IN THE HOUSE OF REPRESENTATIVES We cannot afford to ignore this problem any longer. The June 2008 Medicare Payment Ad- Western Ohio. Wednesday, June 17, 2009 visory Commission (MedPAC) report stated Madam Speaker, I ask my colleagues to join Mr. PATRICK J. MURPHY of Pennsylvania. that ‘‘. . . our health care system is not deliv- me in paying special tribute to Ray Madam Speaker, I rise today to honor Joseph ering value for its stakeholders . . . if current Burkholder. Mr. Burkholder’s selfless commit- F. Thompson, the 2008 recipient of the Penn- spending and utilization trends continue, the ment and dedication to the National Weather sylvania State Police Trooper of the Year Medicare program is fiscally unsustainable.’’ Service and Northwest Ohio has served our Award and a native of Bucks County. Today I am introducing two bills to address communities well. On behalf of the people of Trooper Thompson has demonstrated in- this looming problem. The first would change the Fifth District of Ohio, I am proud to recog- credible bravery and self-sacrifice during his the financial incentives in our health care sys- nize the service of Ray Burkholder. career as a Pennsylvania State trooper, often tem to reward low-spending Medicare regions f putting his own personal safety aside for the through a 5% bonus payment. Currently, there RECOGNIZING JEFFREY BROWN sake of serving the public. is no financial incentive for high-spending re- Following his graduation from Pennsbury gions to reign in spending. This would create High School, Trooper Thompson enlisted in that incentive and reward regions that have HON. PATRICK J. MURPHY OF PENNSYLVANIA the Marine Corps. He then attended the Penn- made a concerted effort to efficiently use IN THE HOUSE OF REPRESENTATIVES sylvania State Police Academy and became a health resources. trooper in 1993. After 16 years of distin- The second would lay the foundation for Wednesday, June 17, 2009 guished service, he retired this past May. better, more accurate research for Congress Mr. PATRICK J. MURPHY of Pennsylvania. During his career as a trooper, Thompson to use in analyzing Medicare policy rec- Madam Speaker, I rise today to honor Jeffrey worked undercover for the Bureau of Drug and ommendations. The legislation will change Brown, the President and CEO of Brown’s Law Enforcement. He later became a member MedPAC’s statutory mandate to include an an- Super Stores, Inc. The first Brown’s Family of Troop K, patrolling highways in search of nual report to examine each Medicare region, Shoprite opened in Philadelphia in 1988 under drug dealers. Over the years, Trooper Thomp- evaluating access to care, quality of care, in- the leadership of Jeffrey Brown. The Brown’s son faced a number of life-or-death situations, creases or decreases in volume of services, Family Shoprite franchise is one of the last even receiving the State Police Medal of and the potential effects of other policy rec- major family grocery businesses left in the Honor for saving the life of his partner during ommendations under consideration. This new county, and counts 2,500 residents as employ- one such instance. report will provide critical data and result in ees. Brown’s Family Shoprite has earned a The Trooper of the Year Award is another more accurate and targeted policy rec- well-deserved reputation of strong community highlight in a career marked by much well-de- ommendations that take into effect geographic involvement, working alongside local organiza- served recognition. In 2008, Trooper Thomp- variations and recognize that distinctly dif- tions, businesses, and neighborhood groups son received the department’s highest honor, ferent delivery systems should be treated dif- for events and outreach in the eleven commu- an award recognizing exceptional performance ferently. nities where stores are located. and courage in the line of duty. This honor These strategic investments in Medicare will Mr. Brown leads the franchise he founded was based on accomplishments such as the lay the groundwork for future improvements by example, and he is a fourth-generation 108 arrests he made in 2007, as well as an and refinements to the program as we pro- Philadelphia grocer. As CEO, he is actively incident where Thompson used his own patrol mote efficiency and quality in all regions of the engaged in working with local groups that fight car to slow a large vehicle carrying $5 million country. hunger, prevent violence, and help give youth worth of cocaine on the highway. f a better future through career preparation. Mr. The Pennsylvania State Police have clearly Brown is an officer and member of the Board been privileged to employ such a committed A SPECIAL TRIBUTE TO RAY of Directors for the Philadelphia Youth Net- officer. Over his years of service, Mr. Thomp- BURKHOLDER work. He has recently supported the ‘‘Goods son has undoubtedly helped ensure the safety for Guns’’ Program, an exchange that encour- and well-being of countless citizens. Madam HON. ROBERT E. LATTA ages community members to surrender fire- Speaker, I am proud to recognize Joseph F. OF OHIO arms. He has been commended by the Thompson for his extraordinary accomplish- IN THE HOUSE OF REPRESENTATIVES NAACP, and actively assists minority businesspeople in achieving their entrepre- ments, and extremely honored to serve as his Wednesday, June 17, 2009 Congressman. neurial goals. Mr. Brown has also been recog- f Mr. LATTA. Madam Speaker, it is with a nized by the City of Philadelphia and South great deal of pride that I rise to pay a very Jersey for his work. Mr. Brown and his fran- STRATEGIC INVESTMENTS IN special tribute to a man who has dedicated 60 chise have been strong supporters of the arts MEDICARE years to making weather observations for and other community events throughout the Northwest Ohio. Today, Ray Burkholder of years. HON. EARL BLUMENAUER Pandora, Ohio will celebrate this great mile- Brown’s Family Shoprite is a member of the OF OREGON stone achieved by earlier weather recorders Wakefern Food Corporation, the largest food IN THE HOUSE OF REPRESENTATIVES Benjamin Franklin, George Washington, and cooperative in the United States. Mr. Brown’s Thomas Jefferson. involvement in this cooperative allows him to Wednesday, June 17, 2009 The National Oceanic and Atmospheric Ad- share his knowledge and experience outside Mr. BLUMENAUER. Madam Speaker, for ministration’s National Weather Service was of the district. Mr. Brown is also a member of too long, the federal government has enabled started in 1807, when the Nation’s first sci- the Board of Directors for the Pennsylvania the inefficiencies of our health care system. entific agency, the Survey of the Coast, was Food Merchants, New Jersey Food Council, This is not only wasteful, but inequitable to established. In the 1890s, NOAA established and Philadelphia Urban League. He has aided taxpayers in efficient, low-spending regions the Cooperative Weather Observation Pro- grocers across the country in understanding such as Oregon, Washington, Wisconsin, gram. Starting in 1949, when Mr. Burkholder marketing and business development in urban North Dakota and Minnesota who are sub- was brought into the NOAA in Northwest Ohio, areas, as well as the serving of diverse com- sidizing high-spending regions of the country. he became an integral part of the Administra- munities. Medicare beneficiaries living in Miami, Las tion. Up to this day, Mr. Burkholder has taken Jeffrey Brown has been a community leader Vegas, New York and Houston receive ap- nearly 21,900 observations. The data collected and business innovator. Madam Speaker, I am proximately 60% more services than those liv- by Mr. Burkholder benefited federal, state, and proud to recognize Mr. Brown for his extraor- ing in low-spending regions. This higher local agencies including the U.S. Geological dinary accomplishments, and am extremely spending has not produced higher quality of Survey and the U.S. Army Corp of Engineers. honored to serve as his Congressman.

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00044 Fmt 0689 Sfmt 9920 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15535 EARMARK DECLARATION for the Charleston County Department of So- ristic minister at St. Patrick Catholic Church in cial Services and a teacher in the County’s Charleston. HON. ANH ‘‘JOSEPH’’ CAO Manpower Program. It was during her time at Joan is married to Charles Mack, who worked for Amtrak. They raised daughters, OF LOUISIANA the Manpower Program, that Joan’s career Dandria Williams-Clark and Kashauna Sim- IN THE HOUSE OF REPRESENTATIVES path changed. In 1972, many media outlets, including mons, and son, Charles Austin Mack. Today Wednesday, June 17, 2009 WCSC–TV in Charleston, started recruiting Af- the couple are the proud grandparents of eight Mr. CAO. Madam Speaker, pursuant to the rican Americans for on-air positions. While grandchildren. Republican Leadership standards on ear- Joan had no formal training in broadcast jour- Madam Speaker, I ask that you and my col- marks, I am submitting the following informa- nalism, many leaders in the black community leagues join me in congratulating Joan Mack tion regarding earmarks I received as part of encouraged Joan to apply. She went to apply on her groundbreaking career and well-de- H.R. 2892—the Department of Homeland Se- during her lunch hour and was asked to stay served retirement. I am sure Joan will con- curity Appropriations Act, 2010: for an interview. She returned the next day for tinue her community involvements, and being a role model for many in the Charleston com- As requested by me, Rep. ANH ‘‘JOSEPH’’ an on-air audition and, as they say, the rest is munity. I wish her Godspeed and all the best CAO, H.R. 2892—the Department of Home- history. in the next phase of her life. land Security Appropriations Act, 2010, pro- Ms. Mack was hired the same day as her vides for the City of New Orleans Emergency audition and became the public service direc- f Medical Services (‘‘EMS’’), New Orleans, LA tor and co-host of ‘‘Kaleidoscope,’’ a morning SENATE COMMITTEE MEETINGS in support of an Emergency Operations Cen- talk show on WCSC–TV. Despite landing the Title IV of Senate Resolution 4, ter. This is in the FEMA—State and Local Pro- job, Joan was unsure of the longevity of her agreed to by the Senate on February 4, grams—Emergency Operations Center Ac- new career and decided to continue teaching 1977, calls for establishment of a sys- count in the amount of $750,000. This will with Manpower in the evenings just in case tem for a computerized schedule of all benefit the City of New Orleans, 1300 Perdido things didn’t work out. meetings and hearings of Senate com- Street, Suite 4W07, New Orleans, LA 70112 in Her talent and tenacity ensured Joan’s suc- mittees, subcommittees, joint commit- the form of upgrades and retrofitting of a new cess. She became a local celebrity and a role tees, and committees of conference. permanent Emergency Operations Center for model for both blacks and whites. After spend- This title requires all such committees the city’s sole 9–1–1 emergency medical serv- ing five years at WCSC–TV, Joan moved to to notify the Office of the Senate Daily ice provider. This funding will help secure and WCBD–TV where she became a news re- Digest—designated by the Rules Com- store equipment and medication, and provide porter and later anchored the news. Yet she mittee—of the time, place, and purpose a training center and base of operations for yearned to do more reporting that would allow of the meetings, when scheduled, and the emergency medical services. Currently, her to have an impact on the community. She any cancellations or changes in the Emergency Medical Services are operating became an investigative reporter and covered meetings as they occur. from a pairing of FEMA trailers staged under- three stories of which she is especially proud: As an additional procedure along neath the Crescent City Connection overpass. one involving teen pregnancy, another prison with the computerization of this infor- Moving to the new facility on City Park Avenue overcrowding and the third involved abuse in mation, the Office of the Senate Daily and making the proposed changes to the facil- the state mental hospital. Digest will prepare this information for ity will provide for the critical operational After 14 years in the news business, Joan printing in the Extensions of Remarks needs. Having a secure medication and equip- began looking for a greater challenge. She re- section of the CONGRESSIONAL RECORD ment storage area, training areas, and a pro- quested a position in the station’s manage- on Monday and Wednesday of each tected emergency operations center will help ment, which had no African American rep- week. the department serve the citizens of New Orle- resentation. Her request was denied, and Meetings scheduled for Thursday, ans and better secure the city. Joan felt it was time to move on. June 18, 2009 may be found in the Daily Digest of today’s RECORD. f In 1985, Joan was hired by the College of Charleston as its media resources coordinator. TRIBUTE TO JOAN GLADDEN She rose to serve as the university’s public re- MEETINGS SCHEDULED MACK lations director and director of administration. JUNE 22 Ten years into her work at the College of 3 p.m. HON. JAMES E. CLYBURN Charleston, Joan was presented with an op- Banking, Housing, and Urban Affairs OF SOUTH CAROLINA portunity to keep her hands in broadcasting, Securities, Insurance and Investment Sub- committee IN THE HOUSE OF REPRESENTATIVES and jumped at the chance. In 1995, South Carolina ETV closed some To hold hearings to examine over-the- Wednesday, June 17, 2009 of its broadcast sites around the state. One of counter derivatives, focusing on mod- ernizing oversight to increase trans- Mr. CLYBURN. Madam Speaker, I rise those sites was on the USS Yorktown in Mt. parency and reduce risks. today to pay tribute to a trailblazing communi- Pleasant. The College of Charleston was SD–538 cator and deaf friend, Joan Gladden Mack, asked if it would house the broadcast equip- upon her retirement after a 28-year career in ment from that studio and in return the college JUNE 23 television and radio. Ms. Gladden is a remark- received 30 minutes of air time for a weekly 9:30 a.m. able woman who I have known since our days show. ‘‘Conversations With Joan Mack’’ was Armed Services as students together at South Carolina State born, and the show has aired for 14 years on Personnel Subcommittee College. Thursday evenings at 6:30 p.m. on public Closed business meeting to markup those Joan Gladden was born in a close-knit radio stations throughout South Carolina. The provisions which fall under the sub- Gullah community on James Island, South show focuses on politics, social issues and the committee’s jurisdiction of the pro- posed National Defense Authorization Carolina. She graduated as salutatorian of arts, and I am honored to have been a guest Act for fiscal year 2010. Gresham-Meggett High School in 1960, and on Joan’s show on several occasions. SR–232A received scholarships to attend South Carolina In addition to her life in broadcast jour- 10 a.m. State. Joan was gifted in the sciences, and nalism, Joan devotes time to her faith, which Foreign Relations majored in biology with the intention of pur- she credits with keeping her grounded. After African Affairs Subcommittee suing a career in medicine or physical therapy. attending Catholic masses with friends in col- To hold hearings to examine drug traf- But her brothers persuaded her to join them in lege, Joan researched the religion and con- ficking in West Africa. New York, where she took a job as a program verted to Catholicism. She has served as SD–419 Commission on Security and Cooperation director for the New York City Youth Board. president of the local and state levels of the in Europe After four years in the ‘‘Big Apple,’’ Joan de- National Council of Catholic Women, and as To hold hearings to examine religious cided to return home where she continued her director of the Atlanta Province, which allowed liberty, media freedom, and the rule of work with youth as the program director for her to represent the region on the national law in Russia. the YMCA. She later served as a caseworker board. She also serves as a lector and Eucha- SVC–203/202

VerDate Mar 15 2010 15:21 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00045 Fmt 0689 Sfmt 0634 E:\BR09\E17JN9.001 E17JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15536 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 17, 2009 10:30 a.m. JUNE 24 2:30 p.m. Judiciary 9 a.m. Armed Services Crime and Drugs Subcommittee Homeland Security and Governmental Af- Closed business meeting to markup the To hold hearings to examine S. 845, to fairs proposed National Defense Authoriza- tion Act for fiscal year 2010. amend chapter 44 of title 18, United To hold hearings to examine type 1 dia- SR–222 States Code, to allow citizens who have betes research progress. Foreign Relations concealed carry permits from the State SD–106 To hold hearings to examine the nomina- in which they reside to carry concealed 9:30 a.m. firearms in another State that grants tion of Capricia Penavic Marshall, to Armed Services be Chief of Protocol, and to have the concealed carry permits, if the indi- Emerging Threats and Capabilities Sub- rank of Ambassador during her tenure vidual complies with the laws of the committee of service, Department of State. State. Closed business meeting to markup those SD–419 SD–226 provisions which fall under the sub- 11 a.m. committee’s jurisdiction of the pro- JUNE 25 Armed Services posed National Defense Authorization 9:30 a.m. Airland Subcommittee Act for fiscal year 2010. Armed Services Closed business meeting to markup those SR–232A Closed business meeting to markup the provisions which fall under the sub- Veterans’ Affairs proposed National Defense Authoriza- committee’s jurisdiction of the pro- To hold an oversight hearing to examine tion Act for fiscal year 2010. posed National Defense Authorization the Department of Veterans Affairs SR–222 Act for fiscal year 2010. quality management activities. 2:15 p.m. SR–222 SR–418 Indian Affairs 2 p.m. 10 a.m. To hold hearings to examine S. 797, to Armed Services Environment and Public Works amend the Indian Law Enforcement Strategic Forces Subcommittee To hold hearings to examine the nomina- Reform Act, the Indian Tribal Justice Closed business meeting to markup those tions of Colin Scott Cole Fulton, of Act, the Indian Tribal Justice Tech- provisions which fall under the sub- Maryland, and Paul T. Anastas, of Con- nical and Legal Assistance Act of 2000, committee’s jurisdiction of the pro- necticut, both to be an Assistant Ad- and the Omnibus Crime Control and posed National Defense Authorization ministrator of the Environmental Pro- Safe Streets Act of 1968 to improve the prosecution of, and response to, crimes Act for fiscal year 2010. tection Agency. in Indian country. SR–222 SD–406 SD–628 2:30 p.m. Judiciary Commerce, Science, and Transportation To hold hearings to examine the nomina- JUNE 26 Surface Transportation and Merchant Ma- tions of A. Thomas McLellan, of Penn- 9:30 a.m. rine Subcommittee sylvania, to be Deputy Director of Na- Armed Services To hold hearings to examine high-speed tional Drug Control Policy, Alejandro Closed business meeting to markup the passenger rail. N. Mayorkas, of California, to be Direc- proposed National Defense Authoriza- SR–253 tor of the United States Citizenship Intelligence tion Act for fiscal year 2010. and Immigration Services, Department SR–222 To hold closed hearings to examine cer- of Homeland Security, and Christopher tain intelligence matters. H. Schroeder, of North Carolina, to be JULY 14 S–407, Capitol an Assistant Attorney General, Depart- 10 a.m. 3:30 p.m. ment of Justice. Armed Services Energy and Natural Resources SD–226 To hold hearings to examine S. 796, to Readiness and Management Support Sub- 10:30 a.m. modify the requirements applicable to committee Aging locatable minerals on public domain Closed business meeting to markup those To hold hearings to examine emergency land. provisions which fall under the sub- preparedness, aging and special needs. SD–366 committee’s jurisdiction of the pro- SD–562 posed National Defense Authorization 11 a.m. JULY 15 Act for fiscal year 2010. Foreign Relations 9:30 a.m. SR–232A To hold hearings to examine certain Veterans’ Affairs 5:30 p.m. issues concerning Iran. To hold hearings to examine bridging the Armed Services SD–419 gap in care of women veterans. SeaPower Subcommittee 2 p.m. SR–418 Closed business meeting to markup those Judiciary provisions which fall under the sub- To hold hearings to examine the EB–5 JULY 29 committee’s jurisdiction of the pro- Regional Center Program, focusing on 9:30 a.m. posed National Defense Authorization job creation and foreign investment in Veterans’ Affairs Act for fiscal year 2010. the United States. To hold hearings to examine veteran’s SR–222 SD–226 disability compensation. SR–418

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